Interim Report - Report No 401, March 2023

Case No 3263 (Bangladesh) - Complaint date: 26-FEB-17 - Active

Allegations: The complainant organizations denounce serious violations of freedom of association rights by the Government, including arbitrary arrest and detention of trade union leaders and activists, death threats and physical abuse while in detention, false criminal charges, surveillance, retaliation, intimidation, acts of anti-union discrimination and interference in union activities, as well as excessive use of police force during peaceful protests and the lack of investigation of these allegations

1. 159. The Committee last examined this case (submitted in February 2017) at its October–November 2022 meeting, when it presented an interim report to the Governing Body [see 400th Report, paras 80–109 approved by the Governing Body at its 346th Session]. 
2. 160. The International Trade Union Confederation (ITUC) provided additional information in a communication dated 23 September 2022.
3. 161. The Government provided its observations in communications dated 1 November 2022 and 9 and 13 February 2023.
4. 162. Bangladesh has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 163. At its October–November 2022 meeting, the Committee made the following recommendations on the matters still pending [see 400th Report, para. 109]:
   • (a) The Committee expects the two remaining cases filed against workers following the 2016 Ashulia strike to be concluded without further delay and requests the Government to keep it informed of the outcome thereof.
   • (b) Emphasizing the need to investigate all serious allegations of ill-treatment of trade unionists even in the absence of a formal complaint filed by the injured party, the Committee once again invites the complainants to provide any further relevant information to the appropriate national authority so that it can proceed to an investigation in full knowledge. The Committee urges the Government to institute, without delay, an independent inquiry into the allegations of ill-treatment of trade unionists arrested and detained in the aftermath of the 2016 Ashulia strike on the basis of information it already has at its disposal, as well as any additional information provided by the complainants, and to keep it informed of the steps taken in this regard, including detailed information on the mechanisms available to conduct such independent investigations as referred to and the necessary steps for triggering their review.
   • (c) The Committee urges the Government once again to indicate the measures being taken to investigate the allegedly excessive use of force during the 2018–19 demonstrations resulting in injuries to at least 80 workers and to inform it of any findings in this regard. It also urges the Government to provide information on the outcome of the investigation that the Government previously indicated was being conducted into the killing of 1 worker during these demonstrations. The Committee also requests the Government to keep it informed of the status of the 5 cases pending against workers, in particular to indicate whether they eventually led to criminal charges being filed or whether they were dismissed though a final report.
   • (d) The Committee requests the Government to provide its observations on the February 2020 additional allegations of the complainants referring to mass retaliation against workers following the 2018–19 demonstrations (dismissals, public shaming, defamation and blacklisting) and persistent monitoring, surveillance and intimidation of trade unionists. The Committee requests the Government to take the necessary measures to address and prevent all forms of retaliation, intimidation, harassment and surveillance of workers based on trade union membership or legitimate trade union activities.
   • (e) Taking note of the Government’s engagement in ensuring regular training of police officers and other relevant state actors, the Committee encourages the Government to pursue its efforts in this regard so as to ensure full respect for basic civil liberties, human rights and trade union rights during labour protests, as well as full accountability of those responsible in case of any violations. The Committee further requests the Government to provide details of such trainings, particularly for the police engaged in industrial and export-processing zones. The Committee also requests the Government to provide copies of the curriculum for in-service training of police officers.
   • (f) The Committee requests the Government to provide its observations on the alleged involvement of the police in the killing of 6 people and injuries to more than 60 workers during workers’ protests in Chittagong, Gazipur and Ashulia since April 2021 and, should this not yet be the case, to ensure that these incidents are expeditiously and properly investigated by an independent mechanism so as to combat impunity and prevent repetition of such acts, and to provide detailed information on the progress made in this regard and on the outcome.
   • (g) The Committee requests the Government to remain vigilant towards allegations of all forms of anti-union discrimination, including dismissals and blacklisting of trade unionists, and police interference in union activities, so as to be able to take measures to rapidly and properly address such allegations. The Committee requests the Government to keep it informed of the outcome of the cases pending against trade union leaders and members in factories E, G and H in relation to their participation in trade union activities, as well as of the outcome of the proceedings for anti-union practices in factory C. Finally, the Committee requests the Government to provide its observations on the alleged police interference in a trade union meeting in Chittagong in September 2021.
   • (h) In view of the sometimes-contradictory information submitted by the complainants and the Government in relation to the additional allegations from March 2022, the Committee invites the complainants to provide additional information in this regard.

B. Additional information from the complainant

1. 164. In its communication dated 23 September 2022, the ITUC provides additional information, denouncing the lack of Government action to address anti-union discrimination, unfair labour practices and violence against workers. The ITUC alleges that the backlog of labour cases arising from years of delay means that victims suffer without remedy and the violation of workers’ rights with impunity persists. The complainant refers to the case of Ms Adeeba Zerin Chowdhury, the Communication Secretary of the Grameenphone Employees Union (GPEU) who was dismissed in 2012 after she and other workers submitted their application to join a trade union. Ms Chowdhury and several GPEU committee members were among almost 200 workers who were dismissed the day after the submission. Ms Chowdhury has informed the complainant that the civil complaint she had filed against the company in relation to this dismissal is still pending in the labour courts after ten years and efforts to resolve the matter through alternative dispute resolution methods have not borne fruit because the company blocks the possibility of dialogue. The complainant adds that the Labour Inspectorate has investigated this violation and properly advised the employer and the affected worker and their representatives. At the same time, no progress has been made regarding the development of a standard operating procedure (SOP) for a conciliation system that will deliver justice to workers for anti-union discrimination.
2. 165. The complainant reiterates its allegations concerning the criminal charges brought by the Bangladesh Industrial Police against the General Secretary of the Bangladesh Garment and Industrial Workers’ Federation (BGIWF) and 24 other union members and leaders in relation to incidents in factories G and H  on 6 August 2021 that were reflected in the previous examination of this case [400th Report, para. 88]. The ITUC adds that the management as well filed a criminal case against the workers. The complainant further recalls that five persons were killed, and dozens injured on 17 April 2021 after the police opened fire on a crowd of workers in a Power Plant in Chattogram (Chittagong), who were protesting over unpaid wages, unscheduled cuts in their working hours and for a Ramadan holiday and reduced hours during the religious festival [400th Report, para. 87].
3. 166. The ITUC denounces the lack of improvement in law and practice since the complaint has been filed, stating that the Government must put in place dissuasive sanctions and effective measures to effectively protect workers from anti-union discrimination and retaliation and provide remedy to victims.

C. The Government’s reply

1. 167. In its communications, the Government provides replies to the ITUC communications of 4 March and 23 September 2022 as well as observations on the Committee’s previous recommendations.
2. 168. Regarding recommendation (a) concerning the remaining two cases against workers following the 2016 Ashulia strike, the Government indicates that the two cases are still pending, in one case which is against 15 labour leaders, proceedings have been suspended by the concerned court, and in the second case which is against six workers, a charge sheet is submitted before the court and a hearing is fixed for 9 February 2023. The Government indicates that the Secretary of the Ministry of Labour and Employment (MOLE) and the Minister for Law, Justice and Parliamentary Affairs (MLJPA) have enquired into the first case and the two ministries are under way to expedite that case.
3. 169. Regarding the Committee’s requests to investigate all serious allegations of ill treatment of trade unionists even in the absence of a formal complaint filed by the injured party (recommendation (b)), the Government affirms that it does not condone any assault on the physical or moral integrity of workers and that the law enforcement personnel are trained in crowd control measures and refrain from committing any excesses or aberrations unless for self-defence or for protection of civilian lives and property. It further adds that any alleged excess by law enforcement personnel is duly investigated through established legal and administrative procedures, resulting in systematic follow-up, and in case of any grave allegations, there have been instances of multiple inquiries by relevant bodies and authorities. The Government further reiterates its general indication that the established investigation mechanisms have inbuilt processes to probe any such allegations in an independent manner and that these mechanisms remain available to receive any further substantiated information on the allegations. In its 9 February 2023 communication, the Government indicates that in Bangladesh the investigation system in criminal cases is fully conducted by different branches of the Police Department; other than the regular police enquiry, application may be made to the court for enquiry by other investigation agencies namely the Criminal Investigation Department (CID) and the Police Bureau of Investigation (PBI). Furthermore, if any police officer is found involved in any offence while discharging their duty, they are subject to departmental proceedings and disciplinary actions are taken. It further refers to a newly formed CFA Case Monitoring Committee which will be enquiring into such matters and will communicate with the Secretary of the MOLE and the MLJPA and will expedite the process.
4. 170. Regarding recommendation (d) where the Committee requested measures to address and prevent all forms of retaliation, intimidation, harassment and surveillance of workers based on union membership or activity, the Government indicates that in collaboration with the Office, the Department of Labour (DOL) will organize a training for 90 Industrial Police personnel and will also provide a Training of Trainers (ToT) on addressing unfair labour practices and anti-union discrimination for police personnel soon. Furthermore, in 2022 Industrial Police has trained 1,370 police personnel on the Labour Law 2006, labour rights, human rights, and other relevant laws to learn how to deal with workers and industry staffs.
5. 171. In relation to recommendation (e), concerning measures to ensure respect for civil liberties and labour and human rights during labour protests and full accountability in case of any violations, the Government refers to awareness-raising for police officials to avoid harassment of persons and indicates that trainings, seminars and workshops on human rights, labour law, fundamental rights, constitutional rights and civil liberties for the Industrial Police are regularly organized as part of their basic and in-service training courses. It further indicates that a total of 4,002, including 3,637 male and 375 female police members were trained in 2022, including in the Bangladesh Labour Act, 2006 (BLA) and other relevant regulations. Details of the ongoing in-service trainings and the curriculum can be consulted at the link Training - Industrial Police Headquarters. Furthermore, the Industrial Police has compiled a Compendium in Bangla of All Labour Rights, Labour Laws and Human Rights, which will be of use shortly. The Government finally reiterates its previous indications concerning the road map of actions on the labour sector developed in cooperation with the Office [400th Report, para. 93].
6. 172. Regarding the status of the remaining cases that were pending against workers in relation to the 2018–19 minimum-wage demonstrations (recommendation (c)), the Government indicates that four cases remain pending. None of the defendants remain in custody and only in one case, which was filed in October 2018, the charge was framed in court on 30 January 2023. Two other cases filed on 14 January 2019 and one more on 7 December 2018 are pending in courts, but charges are not yet framed. In one case the factory management has committed to withdraw its complaint.
7. 173. Regarding recommendation (g), where the Committee requested to remain vigilant towards allegations of all forms of anti-union discrimination and police interference in union activities, the Government indicates that in collaboration with the Office, a training on the SOP for Unfair Labour Practices and Anti-Union Discrimination for 30 DOL officials was provided from 20–22 August 2022 and the DOL also conducted a day-long workshop on remediation of unfair labour practices and anti-union discrimination for workers’ and employers’ representatives, DOL, the Department of Inspection for Factories and Establishments (DIFE) and Bangladesh Export Processing Zones Authority (BEPZA) officials, the Industrial Police, and members of labour courts and Labour Appellate Tribunals on 24 January 2023.
8. 174. Regarding steps taken to address anti-union discrimination and unfair labour practices, the Government provides the following general indications: (i) according to the Bangladesh Labour Act (BLA), any aggrieved worker has the right to file complaints to the Department of Labour (DOL) for remedial action against management for anti-union activities or unfair labour practices. Every complaint received is addressed in due time; (ii) a SOP on unfair labour practices and anti-union discrimination was adopted on 30 August 2017 and integrated into the BLA in 2018; and (iii) between 2013 and 2022, the DOL received 199 complaints on anti-union discrimination and unfair labour practices. The number of settled complaints is 186, including 173 amicable settlements and 13 cases filed in labour courts. Investigations on the remaining complaints are ongoing. Records of these complaints are available in the database.
9. 175. Regarding the development of a SOP for conciliation of industrial disputes, the Government indicates that several virtual and in-person consultation meetings between the DOL and the ILO took place in 2021 and subsequently a three-day workshop with DOL officials was organized in March 2022. Through the workshop, an initial draft SOP was prepared and sent to the ILO for comments. The Government adds that the draft was supposed to be sent to the Ministry of Labour and Employment (MOLE) on 17 August 2022 to facilitate adoption through tripartite validation.
10. 176. Concerning the incidents in factories G and H, the Government reiterates its account of the events that led to the charging of the General Secretary of the BGIWF and 23 other union members and leaders [400th Report, para. 96] and adds that the case based on the complaint of the Industrial Police sub-inspector was under trial before the Magistrate Court, Gazipur; all accused were on bail and the next hearing date was fixed on 8 March 2023. The Government also refers to a second complaint filed at the police station in relation to this incident by the General Manager of factory H which is under investigation, with a hearing also scheduled on 8 March 2023.
11. 177. Concerning the 17 April 2021 events at the power plant in Banshkhali, Chattogram, the Government indicates in its November 2022 communication that there was unexpected labour unrest on 17 April 2021 at the plant construction site. Officers from the DOL, the DIFE and other local administration attempted to handle the situation through talks with the employees and the employer. Afterwards three investigation teams in the district administration, police administration and labour administration were formed to enquire into the matter. The Government indicates that workers were demanding the reduction of working hours from ten to five hours and the payment of wages within the fifth day of the month. Some workers inflicted damage on the property of the plant and the police tried to handle the situation. The Government confirms the death of seven workers and the injuries of 13 and adds that infrastructures of the establishments were also damaged. Pursuant to the BLA, compensation was awarded to the families and workers affected and the Government also provided aid from the Bangladesh Labour Welfare Foundation. The Government concludes by indicating that the employer pays all the wages, that the competent authorities have improved the monitoring of the plant to prevent unexpected situations and at present the construction of the power plant is running smoothly with harmonious industrial relations. In its communication of 9 February 2023, the Government provides details, indicating that on 14 April 2021, around 300 workers went on strike, making demands regarding working hours during the month of Ramadan and wages. In the following days, the manpower company negotiated with the foreign subcontractor and owner companies, with partial success. On 17 April, the day of the incident, at 6 a.m. police personnel from Gondamara camp were deployed at the power plant/exit gate of Bangla Living (workers’ quarters). As of 9 a.m., around 2,000–2,500 workers started a protest inside the power plant. There was agitation and vandalism and attacks against the police with indigenous weapons and brickbats. At one point shots were fired from workers quarters. Six police members were injured by indigenous weapons. In retaliation and to protect lives and state and foreign invested property, the camp police charged gas gun, rubber cartridges and 62 rounds of blank. The Government indicates that in the line of fire five workers and outsiders were seriously injured and sent to the hospital where the duty doctor declared them dead. At this point officers and forces of Banshkhali police stations appeared at the crime scene and ultimately brought the situation under control at 1 p.m.
12. 178. The Government further adds that two cases are under investigation at Banshkhali police station in relation to the 17 April 2021 events at the power station. The first case was filed immediately on the day of the events by the injured sub-inspector from Gondamara police camp against 2,000–2,500 anonymous workers and outsiders. The second case was filed on 18 April 2021 by the chief coordinator of S. Alam Group, one of the owners of the plant, against 1,040–1,050 anonymous workers and outsiders in relation to the looting and damage caused as a result of fire and vandalism at the power plant. The Government affirms that it is evident that the Industrial Police had no role in the incident; however, in case of any complaint or anguish there is provision, other than the regular police enquiry, for enquiry by the CID and the PBI which can conduct separate investigations and report directly to the court upon judicial order. Finally, the Government indicates that the newly formed CFA Case Monitoring Committee will be enquiring matters like this and will communicate with the Secretary of the MOLE and the MLJPA.
13. 179. The Government provides the following updates on the allegations submitted by the ITUC in March 2022 [400th Report, para. 87]:

D. The Committee’s conclusions

1. 180. The Committee recalls that this case concerns allegations of serious violations of freedom of association rights by the Government, in particular through the action of police forces in the aftermath of a strike in garment factories in Ashulia in December 2016, including arbitrary arrest and detention of trade union leaders and activists, death threats and physical abuse while in detention, false criminal charges, surveillance of trade unionists, intimidation and interference in union activities. The complainants also alleged excessive use of police force during peaceful protests in December 2018 and January 2019, in April and June 2021, and in February 2022, and criminal cases pending against workers who had participated in the protests. Additional allegations refer to systematic repression of trade union rights, including through anti-union acts by the employers, police violence and criminalization of trade union activities.
2. 181. Concerning the allegedly false criminal charges filed against workers in the aftermath of the 2016 Ashulia strike (recommendation (a)), the Committee notes the Government’s indication that the two remaining cases, concern respectively 15 labour leaders and 6 workers and are still pending. The Committee notes with concern that more than six years after the Ashulia events, these cases have not been concluded. Recalling that no one should be deprived of their freedom or be subject to penal sanctions for the mere fact of organizing or participating in a peaceful strike, public meetings or processions and that justice delayed is justice denied [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, paras 156 and 170], the Committee firmly hopes that the two cases will be concluded without further delay and requests the Government to keep it informed of their outcome.
3. 182. Since its very first examination of this case, the Committee has repeatedly requested the Government to institute an independent inquiry into the serious allegations of death threats, physical abuse and beatings of trade unionists arrested in the aftermath of the 2016 Ashulia strike while in custody [384th Report, para. 169(a); 388th Report, para. 204(b); 392nd Report, para. 287(d) and 400th Report, para. 109(b)], and to keep it informed of the steps taken in this regard. The Committee deeply regrets that the Government has once again not provided any specific information indicating that such an inquiry has taken place.
4. 183. Regarding the available investigation mechanisms, the Committee notes the Government’s reference to the investigation of criminal cases by different branches of the police. As to accountability mechanisms, the Committee notes that the Government merely refers to departmental proceedings and disciplinary action in case of involvement of police officers in any offence. The Committee notes that section 10 of the Armed Police Battalion Ordinance, 1979, sets out the disciplinary sanctions that can be imposed on police members for misconduct which provides that in the case of superior officers the Government, and in the case of subordinate officers and armed policemen the Inspector General of Police or any officer authorized by him may award disciplinary sanctions. The Committee recalls in this regard that “requiring the victims of police ill-treatment to present a complaint to the police in the circumstances of this case is likely not to create a climate in which workers feel secure to engage and may therefore leave such grave allegations without response” [388th Report, para. 199]. Furthermore, accountability for such serious violations of the right to security and physical and moral integrity of persons cannot be restricted to departmental proceedings and disciplinary sanctions. The Committee notes the Government’s indication of the formation of the CFA Case Monitoring Committee, which will be enquiring into such matters and will communicate with the Secretary of the MOLE and the MLJPA and the initiative before the Ministry of Home Affairs to form a dedicated committee to ensure and monitor proper investigation of alleged cases. The Committee firmly hopes that this newly formed body will effectively expedite the resolution of the very serious long-standing issues before it and in particular that it will take the necessary steps to ensure that an independent inquiry into the allegations of ill treatment of trade unionists arrested and detained in the aftermath of the 2016 Ashulia strike is instituted without further delay. It requests the Government to keep it informed of the steps taken in this regard.
5. 184. The Committee notes with regret that the Government has not provided any observations concerning allegations of mass retaliation, criminalization, continued surveillance and intimidation of workers following the 2018–19 demonstrations. It recalls that the complainants alleged that the mass retaliation led to 7,000–12,000 workers losing their jobs and being subjected to public shaming, defamation and blacklisting by factory owners as a means to intimidate workers and undermine organizing in the garment sector and that there was persistent monitoring, surveillance and intimidation of trade unionists by the employers, the Government and third parties working on their behalf. The Committee notes the Government’s indications concerning past and future trainings of Industrial Police personnel on unfair labour practices and anti-union discrimination as a means of addressing and preventing the issues raised. While encouraging the Government to continue providing such trainings to the law enforcement forces with a view to preventing such acts in the future, the Committee recalls that acts of harassment and intimidation carried out against workers by reason of trade union membership or legitimate trade union activities, while not necessarily prejudicing workers in their employment, may discourage them from joining organizations of their own choosing, thereby violating their right to organize and; the Government is responsible for preventing all acts of anti-union discrimination and it must ensure that complaints of anti-union discrimination are examined in the framework of national procedure which should be prompt, impartial and considered as such by the parties concerned [see Compilation, paras 1098 and 1138]. Therefore, the Committee once again requests the Government to provide its observations on these allegations and to take the necessary measures to address and prevent all forms of retaliation, intimidation, harassment and surveillance of workers based on trade union membership or legitimate trade union activities.
6. 185. The Committee notes with regret, that while it has provided certain details on cases brought in relation to the 2021 demonstrations and reiterated information previously provided, the Government has not provided any information in reply to its request concerning the measures taken to investigate the allegedly excessive use of force during the 2018–19 minimum-wage protests, resulting in the injuries to at least 80 workers, and the outcome of the investigation that it had previously indicated was being conducted into the killing of one worker during demonstrations.
7. 186. Concerning the allegedly excessive use of force by the police in the workers’ protests on 17 April 2021 in a power plant construction site in Banshkhali, Chattogram, the Committee notes that on the day of the incident, police personnel from Gondamara camp were deployed in the power plant construction site and at the workers’ quarters as of 6 a.m. and the protest started at around 9 a.m. It further notes the Government’s indication that there was agitation and vandalism and attacks against the police and that the camp police reacted in self-defence and to protect lives and property and in the confrontation between the police and the protesters six police personnel were wounded by “indigenous weapons”, while seven protesters were killed by gunshot, five of them dying on the same day and two more passing away as a result of their injuries two days later. The Committee further notes with concern, that while the Government indicates that the police appeared at the “crime scene” and confirms that 7 workers died and 13 were injured in these protests, it does not refer to any investigation conducted as to the determination of who was responsible for these deaths and injuries, neither to any steps taken to hold those responsible accountable but states that compensation and aid were provided to the workers and families affected. The Committee notes however that two penal cases were immediately opened against more than 2,000 anonymous workers and outsiders, one by the owner of the plant in relation to the looting and the damage inflicted on the installations, and the other by the sub-inspector of the Gondamara police camp who was reportedly injured on the day of the incident. Both cases are still under investigation at the local police station. The Committee notes that the Government categorically rejects any involvement of the Industrial Police in the “incident” but adds that it is possible to go beyond the “regular police enquiry” as there is provision for enquiry by the CID and the PBI. Finally, the Government indicates that the newly formed CFA Case Monitoring Committee will enquire into matters like this.
8. 187. Regarding the alleged police attack on protesting workers on 13 June 2021 in factory D, Dhaka Export Processing Zone, Ashulia, in which Ms Jesmin Begum, a garment worker, was killed and several other workers were injured, the Committee notes the Government’s indication that the death of the garment worker was the result of an accident and was by no means associated with the dispersal by the police. The Committee notes that the victim’s husband filed a case that was investigated and concluded with a final report which was approved by the competent court on 3 July 2022. The Committee notes that this result contradicts the Government’s previous indication that the post-mortem report mentioned that “the death was due to shock resulting from injuries that were homicidal in nature”. The Committee notes that the Government does not provide any information as to any investigation conducted into the alleged injuries inflicted on several workers in the same protests.
9. 188. Concerning the protests of February 2022 in factories E and F in Gazipur, and the police intervention which allegedly inflicted injuries on at least 30 garment workers, the Committee notes that the Government indicates that a senior manager of factory E filed a case against workers, who were charged and are under trial by the competent court. Similarly, in factory F, a case was filed by the company admin officer against 30 unruly persons, which is under investigation by Gazipur the Industrial Police. The Committee notes that the Government does not refer to any steps taken to conduct an inquiry as to the allegations of excessive use of force by the police.
10. 189. The Committee notes with deep concern that in all the above protests between December 2018 and February 2022 which involved the loss of life of nine protesting workers and physical injury of allegedly 140, only in the case of one death was a police investigation conducted, which was not initiated by the authorities, but concerned a complaint lodged by the victim’s husband. The Committee recalls in this regard that while the principles of freedom of association do not protect abuses consisting of criminal acts while exercising protest action, workers should enjoy the right to peaceful demonstration to defend their occupational interests, and that the authorities should resort to the use of force only in situations where law and order is seriously threatened. The intervention of the forces of order should be in due proportion to the danger to law and order that the authorities are attempting to control, and governments should take measures to ensure that the competent authorities receive adequate instructions so as to eliminate the danger entailed by the use of excessive violence when controlling demonstrations which might result in a disturbance of peace. Furthermore, in cases in which the dispersal of public meetings by the police has involved loss of life or serious injury, the Committee has attached special importance to the circumstances being fully investigated immediately through an independent inquiry and to a regular legal procedure being followed to determine the justification for the action taken by the police and to determine responsibilities [see Compilation, paras 224, 208, 217 and 104]. The Committee therefore urges the Government to ensure that a thorough and independent investigation is conducted to establish the circumstances of the deaths of seven protesting workers in the power plant construction site in Banshkhali, Chattogram on 17 April 2021, and to determine whether the injuries inflicted on 13 other workers in the same protest were the result of disproportionate use of force by the police or were caused otherwise. It further urges the Government to ensure that such investigations are also conducted on the incidents in factories D, E and F, and to keep the Committee informed of the steps taken in this regard and the outcome thereof. The Committee hopes that the CFA Case Monitoring Committee will be able to ensure that necessary steps are taken for full investigation of these incidents, and trusts that the efforts of the Government to request the Ministry of Home Affairs to establish a dedicated investigatory body that will enable important progress on rendering the full facts into these matters and ensure that such situations are not repeated. It also requests the Government to provide information on the status of cases pending against workers of factories E and F and the SS power plant in Banshkhali.
11. 190. As regards the status of the remaining five cases that were pending against workers in relation to the 2018–19 minimum-wage protests, the Committee notes the Government’s indication that four cases remain pending in court, among which in only one case has a charge sheet been submitted. It further notes that none of the defendants remain in custody and that in one case the employer has committed to withdrawing its complaint. Noting that all four cases have now been pending for more than four years, the Committee expects that they will soon be concluded and requests the Government to keep it informed of their status.
12. 191. Concerning the provision of training and instructions to police officers and other state officials on civil liberties, human rights and trade union rights, the Committee notes that the Government reiterates its commitment in this regard and welcomes the information provided about the total number of Industrial Police members who received ongoing in-service training in 2022, including on labour rights. It notes however, that the Government does not provide the detailed information requested by the Committee. It therefore requests once again the Government to provide details of such trainings, particularly for the police engaged in industrial and export-processing zones. The Committee also requests the Government to provide copies of the curriculum for in-service training of police officers.
13. 192. Concerning the alleged criminalization of trade union activities in factories G and H, and the status of the case pending against the General Secretary of the BGIWF and 23 other union members and leaders, the Committee notes that the Government reiterates its previous account of the events, indicating that the trade union leader and his associates instigated the workers to violence in the course of the 5 August 2021 protest and indicates that the case based on the complaint of the Industrial Police sub-inspector was under trial before the Magistrate Court, Gazipur; all accused were on bail and the next hearing date was fixed on 26 December 2022. The Government also refers to a second complaint filed at the police station in relation to this incident by the general manager of factory H which is under investigation. Recalling that it has pointed out the danger for the free exercise of trade union rights of sentences imposed on representatives of workers for activities related to the defence of the interests of those they represent [see Compilation, para. 154], the Committee expects that the trial of the Secretary General of the BGIWF and the 23 other union leaders and members of factories G and H will be rapid and that the defendants will benefit from all the safeguards of a normal judicial procedure. The Committee requests the Government to keep it informed of the status of the case.
14. 193. The Committee notes the ITUC allegations concerning lack of government action to address anti-union discrimination, unfair labour practices and violence against workers. The ITUC alleges that the backlog of labour cases arising from years of delay means that victims suffer without remedy and the violation of workers’ rights with impunity persists. It further notes the complainant’s new allegation concerning the case of the anti-union dismissal of the communication secretary of the GPEU and several other GPEU members in 2012, alleging that the civil complaint of the communication secretary of the union against the company in relation to this dismissal remains pending in the labour court after ten years. The Committee notes that the Government does not address this specific allegation but provides general information on the right of aggrieved workers to file complaints to the DOL, as well as information on trainings on unfair labour practices and anti-union discrimination provided to government and judicial officials, Industrial Police and workers’ and employers’ representatives. The Committee also notes that the case concerning anti-union practices in factory C which was filed in 2021, is still pending in the Labour Court. Noting that according to the Government the DOL has received 199 complaints of anti-union discrimination between 2013 and 2022, the Committee recalls that the Government is responsible for preventing all acts of anti-union discrimination and it must ensure that complaints of anti-union discrimination are examined in the framework of national procedures which should be prompt, impartial and considered as such by the parties concerned [see Compilation, para. 1138]. The Committee once again requests the Government to remain vigilant towards allegations of all forms of anti-union discrimination, including dismissals and blacklisting of trade unionists, and police interference in union activities, so as to be able to take measures to rapidly and properly address such allegations. It invites the Government to provide its observations on the allegation concerning the anti-union dismissal of the communication secretary of the GPEU and the lengthy judicial proceedings concerning her complaint and to provide information on the status of the pending court case concerning anti-union practices in factory C.
15. 194. The Committee notes that regarding the alleged forced resignation and blacklisting of workers based on union activities in factory A, the Government reiterates its previous indication as to the acquittal of the defendants in January 2021 and to the resolution of the matter by amicable agreement between the parties. In relation to the alleged dismissal and blacklisting of a worker in enterprise B, the Committee notes that the Government indicates that the worker concerned was reinstated and has been the co-President of the union at the enterprise since 2017. Regarding the alleged police interference in a meeting of the BIGUF in Chattogram in September 2021, the Committee notes that the Government categorically rejects that such an interference has taken place. Recalling that it had invited the complainants to provide additional information on these cases where the information submitted by the Government contradicted the allegations [400th Report, para. 109(h)], and noting that no such additional information has been received, the Committee will not pursue its examination of these questions in the framework of the present case.
16. 195. As a general matter, the Committee notes that the allegations in this case revolve around an atmosphere of tense labour relations and conflict at a number of enterprises. Noting the Government’s reference to work on a SOP for conciliation of industrial disputes, the Committee trusts that this will facilitate the resolution of labour disputes in a timely and effective manner. It requests the Government to keep it informed of the final approval and implementation of the SOP for conciliation of labour disputes.

The Committee’s recommendations

1. 196. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following:
   • (a) The Committee firmly hopes that the two remaining cases filed against workers in the aftermath of the 2016 Ashulia strike to be concluded without further delay and requests the Government to keep it informed of their outcome.
   • (b) The Committee firmly hopes that the newly formed “CFA Case Monitoring Committee” will effectively expedite the resolution of the longstanding issues before it, and in particular, that this body will take the necessary steps to ensure that an independent inquiry into the allegations of ill-treatment of trade unionists arrested and detained in the aftermath of the 2016 Ashulia strike is instituted without further delay. It requests the Government to keep it informed of the steps taken in this regard.
   • (c) The Committee requests once again the Government to provide its observations on the February 2020 additional allegations of the complainants referring to mass retaliation against workers following the 2018–19 demonstrations (dismissals, public shaming, defamation and blacklisting) and persistent monitoring, surveillance and intimidation of trade unionists. The Committee requests the Government to take the necessary measures to address and prevent all forms of retaliation, intimidation, harassment and surveillance of workers based on trade union membership or legitimate trade union activities.
   • (d) The Committee welcomes the Government’s continued commitment and the information provided on the number of trainings of police personnel in 2022 and requests the Government to provide further details of trainings on civil liberties, human rights and trade union rights provided to police officers and other state officials, particularly for the police engaged in industrial and export-processing zones. The Committee also requests the Government to provide copies of the curriculum for in-service training of police officers.
   • (e) The Committee urges the Government to ensure that a thorough and independent investigation is conducted into the circumstances of the deaths of seven protesting workers in the power plant construction site in Banshkhali, Chattogram on 17 April 2021, and to determine whether the injuries inflicted on 13 other workers in the same protest were the result of disproportionate use of force by the police or were caused otherwise. It further urges the Government to ensure that such investigations are also conducted on the incidents in factories D, E and F, as well as into the allegations concerning excessive use of force during the 2018–19 minimum-wage protests, and to keep the Committee informed of the steps taken in this regard and the outcome thereof. The Committee also urges once again the Government to provide information on the outcome of the investigation that the Government previously indicated was being conducted into the killing of one worker during the minimum-wage demonstrations. The Committee hopes that the CFA Case Monitoring Committee will be able to ensure that necessary steps are taken for full investigation of these incidents, and trusts that the efforts of the Government to request the Ministry of Home Affairs to establish a dedicated investigatory body will enable important progress on rendering the full facts into these matters and ensuring that such situations are not repeated.
   • (f) The Committee requests the Government to keep it informed of the final approval and implementation of the Standard Operative Procedure (SOP) for conciliation of labour disputes.
   • (g) The Committee expects that the four cases that remain pending against workers in relation to the 2018–19 minimum-wage protests will soon be concluded and requests the Government to keep it informed of their status. It further requests the Government to provide information on the status of cases pending against workers of factories E and F and the SS power plant in Banshkhali.
   • (h) The Committee expects that the trial of Secretary-General of the BGIWF and the 23 other union leaders and members of factories G and H will be rapid and that they will benefit from all the safeguards of a normal judicial procedure. It requests the Government to keep it informed of the status of the case.
   • (i) The Committee once again requests the Government to remain vigilant towards allegations of all forms of anti-union discrimination, including dismissals and blacklisting of trade unionists, and police interference in union activities, so as to be able to take measures to rapidly and properly address such allegations. It invites the Government to provide its observations on the allegation concerning the anti-union dismissal of the communication secretary of the GPEU and the lengthy judicial proceedings concerning her complaint and to provide information on the status of the pending court case concerning anti-union practices in factory C.
   • (j) The Committee draws the attention of the Governing Body to the serious and urgent nature of this case.