Observation (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Bangladesh (Ratification: 1972)

Autre commentaire sur C105

Observation

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Article 1(a) of the Convention. Sanctions involving the obligation to work as a punishment for the expression of political views or views ideologically opposed to the established political, social or economic system. For many years, the Committee has been referring to sections 16–20 of the Special Powers Act (No. XIV of 1974), under which penalties of imprisonment may be imposed on people who publish prejudicial reports or contravene orders for prior scrutiny and approval of certain publications, or for the suspension or dissolution of certain associations. The Committee noted that penalties of imprisonment may involve an obligation to perform prison labour by virtue of section 53 of the Penal Code and section 3(26) of the General Clauses Act.

The Committee notes the Government’s reiterated statement that the provisions in the Special Powers Act are not related to employment relationships but were established to improve the administrative system. In this regard, referring also to paragraph 302 of its 2012 General Survey on the fundamental Conventions, the Committee once again draws the Government’s attention to the fact that sanctions involving compulsory labour, including compulsory prison labour, are incompatible with Article 1(a) of the Convention where they enforce a prohibition of the peaceful expression of non-violent views or of opposition to the established political, social or economic system. Therefore, the range of activities which must be protected from punishment involving forced or compulsory labour under this provision comprise the freedom to express political or ideological views, as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens peacefully seek to secure the dissemination and acceptance of their views and which may also be affected by measures of political coercion. The Committee therefore trusts that the necessary measures will be taken to repeal or amend sections 16–20 of the Special Powers Act (No. XIV of 1974), so as to ensure that no prison sentences involving compulsory labour are imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system, and requests the Government to provide information on the progress made in this regard. Pending the adoption of such measures, the Committee once again requests the Government to provide information on the application of these provisions in practice, supplying, in particular, copies of relevant court decisions and indicating the penalties imposed.

Article 1(c). Penalties involving compulsory labour as a punishment for breaches of labour discipline. The Committee previously observed that sections 292 and 293 of the Bangladesh Labour Act of 2006, which repealed and replaced the Industrial Relations Ordinance, 1969, are worded in terms similar to those in sections 54 and 55 of the repealed Ordinance. Sections 292 and 293 provide for sanctions of imprisonment, which may involve compulsory labour, for committing a breach of settlement or failing to implement a settlement. In this regard, the Committee noted that the Labour Act was in the process of being revised and requested the Government to take the necessary measures, in the context of the legislative review process, to bring the above provisions into conformity with the Convention.

The Committee notes the Government’s indication that, in light of the socio-economic situation in the country, sections 292 and 293 do not appear to contain any element of compulsory labour. The Committee notes with regret that, despite the comments it has been making on this point, the Labour (Amendment) Act, adopted in 2013, does not modify the above sections of the 2006 Labour Act. The Committee expresses the firm hope that the necessary measures will be taken, without further delay, in order to ensure that no sanctions of imprisonment involving an obligation to perform prison labour can be imposed as a punishment for breaches of labour discipline.

Disciplinary measures applicable to seafarers. In its previous comments, the Committee referred to sections 198 and 199 of the Merchant Shipping Ordinance (No. XXVI of 1983), which provide for the forcible conveyance of seafarers on board ship to perform their duties, and sections 196, 197 and 200(iii), (iv), (v) and (vi) of the same Ordinance, which provide for penalties of imprisonment (involving compulsory prison labour) for various disciplinary offences.

The Committee notes the Government’s statement that no seafarer is forced to work on board ship. The Government also indicates that, following the ratification of the Maritime Labour Convention, 2006, (MLC, 2006) in 2014, if any discrepancies are found, the necessary measures will be taken with a view to bringing the Merchant Shipping Ordinance in line with the MLC, 2006. Taking due note of the above information, the Committee strongly encourages the Government to take the necessary measures, in the context of a future review of the merchant shipping legislation, in order to amend or repeal the above provisions of the Merchant Shipping Ordinance so as to ensure that breaches of labour discipline which do not endanger the safety of the vessel or the life or health of persons are not enforceable with sanctions of imprisonment involving compulsory labour, and that seafarers would not be forcibly conveyed on board ship to perform their duties. The Committee requests the Government to provide information on any progress made in this regard.

Article 1(d). Penalties involving compulsory labour as a punishment for participation in strikes. The Committee previously noted that sections 211(3) and (4) and 227(1)(c) of the Bangladesh Labour Act, 2006, which repealed and replaced the Industrial Relations Ordinance, 1969, provide for several restrictions on the right to strike which are similar to those contained in the repealed Ordinance. The Committee observed that such restrictions are enforceable with sanctions of imprisonment, which may involve compulsory prison labour (section 196(2)(e), read in conjunction with section 291(2); and section 294(1)), contrary to the provisions of the Convention.

The Committee notes the Government’s repeated statement that such restrictions on the right to strike are justified in the present socio-economic context of the country. The Committee notes with regret that, in spite of the comments it has been making for several years on this matter, the Labour (Amendment) Act, adopted in 2013, does not repeal or modify the above sections of the 2006 Labour Act.

The Committee recalls in this regard, that Article 1(d) of the Convention prohibits the use of any form of forced or compulsory labour, including compulsory prison labour, as a punishment for having participated peacefully in a strike. With reference to paragraph 315 of its 2012 General Survey on the fundamental Conventions, the Committee also draws the Government’s attention to the fact that, in all cases, sanctions imposed should not be disproportionate to the seriousness of the violations committed, and the authorities should not have recourse to measures of imprisonment for the mere fact of organizing or participating in a peaceful strike. Referring also to its comments addressed to the Government under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee trusts that the necessary measures will be taken to repeal or amend the above provisions of the Labour Act, 2006 (as amended in 2013), and requests the Government to provide information on the progress made in this regard. Pending the adoption of such measures, the Committee requests the Government to provide copies of relevant court decisions handed down under the abovementioned provisions which could define or illustrate their scope.

The Committee is raising other matters in a request addressed directly to the Government.