Definitive Report - REPORT_NO207, March 1981

CASE_NUMBER 861 (Bangladesh) - COMPLAINT_DATE: 10-SEP-76 - Closed

1. 29. The Committee has already examined this case on several occasions in the past, the most recent of which was in November 1980 when it submitted interim conclusions in its 204th Report, paragraphs 308 to 318, approved by the Governing Body at its 214th Session (November 1980). The Government sent its observations on the outstanding issue in a letter dated 14 January 1981.
2. 30. 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. A. The complainants' allegations

1. 31. After the Committee last examined this case there remained the outstanding issue of the violent incidents at two jute mills, caused according to the complainants by the government-backed Jatiotabadi Sramik Dal Federation, and allegedly involving brutal attacks on hundreds of workers and the looting of their property. The Committee had noted the Government's statement that the Director of Labour had held an inquiry into the alleged incidents, whose report appeared to indicate that the right of workers to freely choose their representatives had been safeguarded. Nevertheless, it was noted that the Government had still not furnished further details concerning the alleged violence itself and had not indicated whether an inquiry had been carried out by the appropriate authorities in this regard resulting in punishment or acquittal of the offenders if the facts deemed it necessary. The Governing Body, on the recommendation of the Committee, therefore requested the Government again to supply further details on this specific allegation.
2. 32. The Government, in its letter of 14 January 1981, states that further investigation has been carried out into the alleged incident by the Ministry of Labour and Industrial Welfare. It has been found that the government machinery responsible for law and order acted quickly during the incident of inter-union rivalry for the possession of the union office and that no serious violence affecting the life and property of workers had occurred. The Government goes on to state that the trade unions in the two jute mills are functioning in an atmosphere of peace and activity.

B. B. The Committee's conclusions

1. 33. In its previous examination of this case, the Committee pointed out that in similar cases, where acts of violence have been committed, the Committee has considered that the situation as it existed (affecting a large number of trade unionists) was serious enough to warrant vigorous action by the authorities to restore order. In this case the question of whether serious violence affected the lives and property of numerous workers is disputed by the Government, but the Committee nevertheless notes the Government's statement that its machinery responsible for law and order acted during the incident which would seem to imply a degree of seriousness. In any event it is noted that investigations into the incident have been carried out by the Ministry of Labour. The Committee notes however that the Government does not mention whether an inquiry was carried out by independent judicial authorities.

The Committee's recommendations

1. 34. Nevertheless, in view of the fact that, according to the Government, the trade unions in the two jute mills are now functioning in an atmosphere of peace and activity, the Committee recommends the Governing Body to decide that, in the circumstances, this case does not call for further examination.