Report in which the committee requests to be kept informed of development - Report No 372, June 2014

Case No 2765 (Bangladesh) - Complaint date: 14-FEB-10 - Closed

Allegations: The complainant alleges interference by the authorities in the election of officers to its Central Executive Committee, as well as the violent suppression of demonstrations organized to protest this interference

1. 46. The Committee last examined this case at its June 2013 meeting, when it presented an interim report to the Governing Body [see 368th Report, approved by the Governing Body at its 318th Session (June 2013), paras 190–201].
2. 47. The Government sent its observations in a communication dated 22 May 2014.
3. 48. Bangladesh has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and the Workers’ Representatives Convention, 1971 (No. 135).

A. Previous examination of the case

1. 49. In its previous examination of the case, the Committee made the following recommendations [see 368th Report, para. 201]:
   • (a) The Committee expects that the Government will take measures to recognize the elected Central Executive Committee (Makhon Lal Karmaker – Ramjovan Koiry’s panel) without delay and will ensure that it is able to effectively exercise its functions pending any decision by the judicial authorities, and requests to be kept informed in this respect.
   • (b) The Committee firmly trusts that the Labour Court will hand down its decision on the abovementioned case without delay, and once again requests the Government to provide, as soon as they are handed down, a copy of the rulings of the Labour Court, as well as of the High Court Division and Appellate Division of the Supreme Court (with regard to the writ petitions filed by the parties).
   • (c) In view of the factual discrepancies between, on the one side, the findings of the Deputy Director of Labour and, on the other side, the allegations made, and the newspaper clippings provided, by the complainant with regard to the violent suppression of the demonstration to protest against interference in the union elections on 20 December 2009 in various places of Moulvibazar District and during another demonstration held in that district, the Committee expects that the Government will ensure a thorough and independent investigation into all the allegations of violent suppression of demonstration and urges the Government to keep it informed in this regard.

B. The Government’s reply

1. 50. In its communication dated 22 May 2014, the Government indicates that high-level government officials, including the Minister for Labour and Employment, met several times with both parties and other stakeholders involved in the tea plantation sector. It adds that, based on the decisions taken at a tripartite meeting held on 21 May 2013, all cases that had been filed by both parties to the Labour Court, the High Court of the Supreme Court and the Appellate Division of the Supreme Court have been withdrawn on the basis of consensus. Based on the decisions of that same meeting, the wage of tea plantation workers has been increased through consultations with the workers and employers.
2. 51. The Government further states that the trade union office has been vacant since the 21 May 2013 tripartite meeting. The election of the BCSU Central Executive Committee was due to be held on 31 July 2013 after necessary amendments to the BCSU constitution. The meeting was not held on that date as amending the BCSU constitution required mass consultation with the workers. Another meeting of the tea plantation workers was convened on 1 September 2013; however, the conflicting parties of the BCSU failed to come to a consensus on the amendment of its constitution.
3. 52. More recently, on 10 May 2014 a meeting of the tea plantation workers was held which had the following outcome: (i) all conflicting provisions of the existing constitution of the BCSU, observing all necessary steps, will have to be amended as soon as possible to hold the election; (ii) after approval of the amended constitution by the concerned authority, necessary steps will be taken for the preparation of the voter list; (iii) all procedures should be completed within two months; and (iv) the tentative date for the election of the BCSU was set for 12 August 2014.
4. 53. The Government indicates that the amended constitution of the BCSU was submitted to the Department of Labour and has already been approved. It also adds that the voter list is being prepared.
5. 54. With respect to the allegations of violent suppression of the demonstration of tea plantation workers, the Government indicates that the matter was investigated by the Department of Labour and no evidence of violent suppression was found. Moreover, there was no case filed in any police station in this regard.

C. The Committee’s conclusions

1. 55. The Committee takes note of the information provided by the Government in May 2014. It notes the outcome of the tripartite meeting held on 21 May 2013, including that all court cases that had been filed have been withdrawn on the basis of consensus and that a wage increase was accorded to the tea plantation workers.
2. 56. The Committee is however concerned that, pending elections of the BCSU Central Executive Committee, the trade union office has been vacant since 21 May 2013. It observes that, following a meeting on 10 May 2014 of the tea plantation workers, a tentative date for the election of the BCSU was set for 12 August 2014 and the amended constitution has now been approved. The Committee therefore trusts that all remaining issues will be resolved in the near future and requests the Government and the complainant organization to keep it informed in this regard.
3. 57. As regards the allegations made by the complainant with respect to the violent suppression of the demonstration to protest against interference in the union elections on 20 December 2009, the Committee notes that the Government recalls that the matter was investigated by the Department of Labour and that no evidence of violent suppression was found, nor were any charges filed in any police station in this regard. The Committee regrets that the thorough and independent investigation which it had requested into the allegations of violent suppression of demonstration appears not to have been carried out.

The Committee’s recommendation

1. 58. In light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendation:
   • Noting that the BCSU trade union office has been vacant since 21 May 2013, the Committee trusts that all remaining issues will be resolved in the near future and requests the Government and the complainant organization to keep it informed in this regard.