Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Abolition of Forced Labour Convention, 1957 (No. 105) - Bangladesh (Ratification: 1972)

Article 1(a), (c) and (d) of the Convention. 1. In comments it has been making for a number of years, the Committee referred to various provisions of the Penal Code, the Special Powers Act, No. XIV of 1974, the Industrial Relations Ordinance, No. XIII of 1969, as amended, the Control of Employment Ordinance, No. XXXII of 1965, the Post Office Act, No. VI of 1898, the Services (Temporary Powers) Ordinance, No. II of 1963, and the Bangladesh Merchant Shipping Ordinance, No. XXVI of 1983. Under these provisions, compulsory labour may be imposed as a means of political coercion or as a punishment for expressing political views or views opposed to the established political system. It may also be imposed as a punishment for various breaches of labour discipline, and as a punishment for the participation in strikes in a wide range of circumstances. Furthermore, under the Bangladesh Merchant Shipping Ordinance, seafarers may be forcibly conveyed on board ship to perform their duties.

2. The Committee previously noted from the Government’s 1999 report, that a report of the National Labour Law Commission, which was established in 1992 with a view to examining the existing laws and to submitting recommendations regarding their amendments, was still under consideration by the Government. The Government expressed the hope that a comprehensive labour code, to be made after due consideration of the National Labour Law Commission’s report and recommendations, would be in conformity with the Abolition of Forced Labour Convention. In its 2001 report, the Government indicated, however, that the Commission’s report containing a draft labour code raised objections and complaints on the part of employers and workers, as well as other legal bodies and organizations, and had to be re-examined by legal experts, which had submitted their views for consideration by the Government. Regarding the Committee’s comments on the Penal Code and the Special Powers Act, the Government repeatedly indicated that the Law Commission had been examining the existing laws and would submit recommendations to the Government regarding their amendment.

3. The Committee notes the Government’s indication in its report that the report of the National Labour Law Commission is still under examination by a ten-member committee and would come out soon by enactment of law. The Committee trusts that the measures taken will lead to concrete results and that the national legislation will at last be brought into conformity with the Convention.

4. As regards the Committee’s earlier comments concerning sections 198 and 199 of the Bangladesh Merchant Shipping Ordinance, No. XXVI of 1983, which provide for the forcible conveyance of seamen 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 an obligation to work) for various disciplinary offences, the Committee previously noted the Government’s statement in its 2001 report that it was not in favour of amending the above sections of the Ordinance due to socio-economic conditions of the country and because it considered that the decrease in punishment would increase the desertion of seafarers and reduce the employment opportunities for Bangladeshi seafarers on foreign ships.

5. The Committee recalled in this connection that Article 1(c) of the Convention prohibits the exaction of forced or compulsory labour as a means of labour discipline. Referring also to paragraphs 117-119 of its 1979 General Survey on the abolition of forced labour, the Committee pointed out that the Convention does not cover sanctions relating to acts tending to endanger the ship or the life or health of persons; however, as regards sanctions relating more generally to breaches of labour discipline such as desertion, absence without leave or disobedience, sometimes supplemented by provisions under which seafarers may be forcibly returned to their ship, such sanctions (involving compulsory labour) must be either repealed or restricted to offences that endanger the safety of the ship or the life or health of persons. The Committee therefore requested the Government to review the Ordinance in the light of the Convention and to indicate the measures taken or envisaged to bring its provisions into conformity with the Convention.

6. The Committee expresses the firm hope that the Government will soon be in a position to indicate that the necessary action has been taken to bring the legislation into conformity with the Convention and that the Government will also supply full information on the various points set out in a request addressed directly to it.