Rapport intérimaire - Rapport No. 397, Mars 2022

1. 79. The Committee last examined this case (submitted in April 2016) at its October 2020 meeting, when it presented an interim report to the Governing Body [see 392nd Report, paras 252–265 approved by the Governing Body at its 340th Session]. 
2. 80. The Government provides its observations in communications dated 24 May 2021 and 31 January 2022.
3. 81. 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. 82. At its October 2020 meeting, the Committee made the following recommendations [see 392nd Report, para. 265]:
   • (a) The Committee firmly expects that the case concerning allegations of anti-union dismissals at enterprise (b) will be concluded without further delay and trusts that the allegations of physical violence against workers will also be adequately addressed in the framework of these judicial proceedings. The Committee requests the Government to keep it informed of the outcome of the case.
   • (b) The Committee requests the Government and the complainant once again to provide detailed information on any substantive developments related to the pending civil court case filed by the management of enterprise (h) against the president and the general secretary of the enterprise union and the Joint Director of Labour Office, Dhaka, so as to allow the Committee to pursue its examination of this aspect of the case.
   • (c) The Committee urges the Government to provide information on any measures taken, apart from the concluded court case against one accused, to investigate the specific and serious allegations of the involvement of the security forces in the ill treatment and the 2012 murder of Mr Islam.
   • (d) The Committee requests the Government to indicate whether the specific and serious allegations of threats and violence against trade union leaders and members denounced in the complaint, including those allegedly perpetrated by the police, were duly investigated and if so, to indicate the result thereof. The Committee firmly expects the Government to take the necessary measures to ensure that any future allegations of this kind will be promptly investigated by an independent entity.
   • (e) The Committee firmly expects a decision to be reached without delay in relation to the court proceedings for cancellation of trade union registration of two unions at enterprise (l) and requests the Government to provide information on the outcome of these proceedings.
   • (f) The Committee draws the special attention of the Governing Body to the extreme seriousness and urgent nature of this case.

B. The Government’s reply

1. 83. In its communications dated 24 May 2021 and 31 January 2022, the Government indicates, with regard to the allegations of anti-union dismissals at enterprise (b),  that the criminal case filed against the management of the enterprise in June 2014 is almost in the final stage, although the hearing scheduled on 7 April 2021 did not take place due to the COVID-19 pandemic; the last hearing in the case was set on 13 January 2022. As to enterprise (h),  the Government states that the civil court case filed by the management of the enterprise against the president and general secretary of the company union and the Joint Director of Labour, Dhaka (JDL) is still pending before the First Labour Court with a hearing scheduled on 10 February 2022.
2. 84. Concerning the allegations of the involvement of members of the security forces in Mr Aminul Islam’s 2012 murder, the Government reiterates that the judicial process which culminated in the conviction of the accused by the Special Judges Court in April 2018 has not found any proof of involvement of the security forces in the incident. The Government adds that the judiciary of the country is completely independent and questions why the Committee continues to examine this allegation.
3. 85. With regard to the allegations of threats and violence against trade union leaders and members in a number of enterprises, including allegedly perpetrated by the police, the Government reiterates information provided previously that the ten specific cases of anti-union discrimination were duly investigated by the Department of Labour and only the two above-mentioned cases concerning enterprises (b) and (h) are still pending.
4. 86. As to the court proceedings for cancellation of trade union registration of two unions at enterprise (l),  the Government reiterates that the proceedings concerning both trade unions remain pending before the High Court Division: in one case, the parties were directed to maintain the status quo until the disposal of the case; and in the other case, the application by the enterprise to cancel trade union registration is stayed by the High Court. The Government also reiterates that a new union was registered at the enterprise in March 2019.

C. The Committee’s conclusions

1. 87. The Committee notes that this case concerns allegations of systematic violation of freedom of association in particular through acts of violence, anti-union discrimination and other retaliatory acts against union leaders and members in numerous enterprises, arbitrary denial of union registration, union-busting and misuse of available procedures to challenge union registration, lack of law enforcement and the Government’s public hostility towards trade unions.
2. 88. The Committee recalls that it has examined this case on four occasions and regrets to observe that, despite the seriousness of the allegations made, the Government’s latest reply is limited to reiterating previously submitted information and to providing minor procedural updates, without elaborating on a number of substantial points that the Committee has been repeatedly seeking information on.
3. 89. With regard to the allegations of anti-union dismissals at enterprise (b) (recommendation (a)), the Committee notes the Government’s indication that although a hearing in the criminal case filed against the management of the enterprise in June 2014, scheduled for April 2021, did not take place due to the COVID-19 pandemic, the case is almost in the final stage, with a last hearing on 13 January 2022. While acknowledging the significant challenges brought about by the pandemic, including on the judiciary of the country, the Committee regrets to observe that more than seven years after the dispute was first raised with the authorities, the case is still pending and recalls once again that cases concerning anti-union discrimination should be examined rapidly, so that the necessary remedies can be really effective; an excessive delay in processing such cases constitutes a serious attack on the trade union rights of those concerned [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 1139]. The Committee therefore firmly expects that the case concerning allegations of anti-union dismissals at enterprise (b) will be concluded without further delay and requests the Government to keep it informed of its outcome.
4. 90. Regarding the civil court case filed by the management of enterprise (h) against the president and the general secretary of the enterprise union and the JDL Office, Dhaka despite the amicable settlement reached in relation to the dismissal of 40 workers (recommendation (b)), the Committee observes that neither the complainant nor the Government provide detailed information on the developments in this case and the Government simply informs of a hearing scheduled in February 2022, without providing any further details in this regard. In this context and given the time that has elapsed since the incidents that gave rise to the civil court case, the Committee trusts that the case will be dealt with by the relevant judicial authorities without further delay and will resolve any remaining issues between the parties. In the absence of any substantial developments reported by the Government or the complainant, the Committee will not pursue the examination of this aspect of the case.
5. 91. As to the alleged involvement of the security forces in the 2012 murder and ill-treatment of Mr Aminul Islam (recommendation (c)), the Committee notes that the Government reiterates previously provided information that pursuant to the judicial process, which culminated in the conviction of the accused, no proof of involvement of the security forces has been found. The Committee also notes that the Government underlines the independence of the judiciary and queries the Committee’s continued focus on these matters. While having duly taken note of the Government’s information on the concluded judicial process against one accused person, the Committee must clarify that the present case does not call into question the independence of the country’s judiciary but rather draws the Government’s attention to the importance of an independent entity conducting a full investigation into the concrete and serious allegations that Mr Islam’s body bore signs of extensive torture and that the perpetrators of this crime also included members of the Government security apparatus [see 382nd Report, paras 157–159], allegations which, for procedural or other reasons, may not have been fully covered in the judicial process against the accused (the Committee was not provided the actual judgment referred to by the Government). The Committee recalls in this respect that investigations should focus not only on the individual author of the crime but also on the intellectual instigators in order for true justice to prevail and to meaningfully prevent any future violence against trade unionists. It is crucial that the responsibility in the chain of command also be duly determined when crimes are committed by military personnel or the police so that the appropriate instructions can be given at all levels and those with control held responsible in order to effectively prevent the recurrence of such acts [see Compilation, para. 99]. In line with the above, the Committee urges the Government to provide a copy of the court judgment referred to in which it indicates that no evidence was found of police wrongdoing and to clearly indicate the manner in which the serious allegations of the involvement of the security forces in the ill-treatment and murder of Mr Aminul Islam were fully addressed and investigated in the framework of the concluded judicial proceedings. It also expects the Government to ensure that any allegations of this type will be rapidly and duly investigated through independent mechanisms and trusts that concrete measures will be taken to provide clear instructions to all State officials to effectively ensure prevention of any such acts.
6. 92. Concerning the allegations of numerous instances of assault on the physical and moral integrity of workers in a number of enterprises (recommendation (d)), the Committee notes that the Government reiterates information provided previously that the ten specific cases of anti-union discrimination were duly investigated by the Department of Labour and only the two above-mentioned cases concerning enterprises (b) and (h) are still pending. The Committee wishes to clarify in this respect that it had previously duly taken note of the reported investigations into the allegations of anti-union discrimination but noted that it remained unclear whether the specific allegations of anti-union violence, separate from the alleged anti-union discrimination, were also investigated in this framework. The Committee also previously expressed regret that the Government appeared to have failed in its responsibility to investigate the allegations of violence in enterprises (b) and (d) to (g).  In this context, the Committee wishes to emphasize that the exercise of trade union rights is incompatible with violence or threats of any kind and it is for the authorities to investigate without delay and, if necessary, penalize any act of this kind. In the event of assaults on the physical or moral integrity of individuals, the Committee has considered that an independent judicial inquiry should be instituted immediately with a view to fully clarifying the facts, determining responsibility, punishing those responsible and preventing the repetition of such acts [see Compilation, paras 88 and 105]. In view of the above, the Committee urges the Government once again to clearly indicate whether the specific and serious allegations of threats and violence against trade union leaders and members in a number of enterprises denounced in the complaint, including those allegedly perpetrated by the police, were duly investigated and if so, to indicate the result thereof. The Committee also firmly expects the Government to take the necessary measures to ensure that any allegations of this kind will be promptly investigated by an independent entity.
7. 93. Finally, the Committee notes the Government’s indication that the proceedings for cancellation of trade union registration of two unions at enterprise (l) (recommendation (e)) are still pending and that a new trade union was registered at the enterprise in March 2019. The Committee regrets the continued delay in finalizing the judicial proceedings and recalls that, in its previous examination of the case, it noted with concern that the lengthy court proceedings and the enduring stay order on the operation of the unions pending the final decision had practically deprived the two unions at enterprise (l) from the right to exist and defend their members’ interests, although they had been lawfully registered in 2014. Emphasizing once again the severe implications of such prolonged court proceedings on the functioning of trade unions, the Committee firmly expects a decision to be reached in these cases without delay and requests the Government to provide information on the outcome of the proceedings.