Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing 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 view expressed in the report that the provisions in the Special Powers Act are not related to employment relationships, but established to improve the administrative system. The Committee recalls, in this regard, referring also to paragraphs 152–166 of its General Survey of 2007 on the eradication of forced labour, that any penal sanctions involving an obligation to perform prison labour are contrary to the Convention when imposed on people convicted for expressing political views or views opposed to the established political system, or having contravened a widely discretionary administrative decision depriving them of the right to publish their views or suspending or dissolving certain associations. The Committee reiterates the firm hope that the necessary measures will soon be taken or envisaged to repeal or amend sections 16–20 of the Special Powers Act (No. XIV of 1974), so as to ensure the observance of the Convention. Pending the amendment, the Committee requests the Government to provide information on the application of these provisions in practice, supplying copies of the court decisions and indicating the penalties imposed.

Article 1(c). Penalties involving compulsory labour as a punishment for breaches of labour discipline. For many years, the Committee has been referring to the following provisions under which various breaches of labour discipline are punishable with imprisonment, which may involve compulsory labour under section 3(26) of the General Clauses Act:

• – Control of Employment Ordinance, No. XXXII of 1965, sections 5(2)(h) and (i), 6(3) and 13(1) (prohibiting people employed or engaged in “essential work” from leaving their work or absenting themselves from duty or slowing down or otherwise impeding their output, essential work being defined in section 2(3) as any work relating to the manufacture, production, maintenance or repair of arms, ammunition and equipment or other supplies and any other work which the Government may, by notification in the Official Gazette, declare to be essential work for the purposes of this Ordinance);
• – Post Office Act, No. VI of 1898, section 50 (penalties applicable to postal employees who withdraw from the duties of their office without one month’s previous notice in writing).

The Committee notes the Government’s indication that the Control of Employment Ordinance, 1965, has been promulgated during an exceptional period of war and therefore is no longer applicable in practice. It further notes the Government’s statement that the provisions in the Post Office Act, 1898, are not related to employment relationships, but established to improve the administrative system. While duly noting this information, the Committee observes that the above provisions permit the imposition of compulsory labour as a means of labour discipline within the meaning of Article 1(c) of the Convention. The Committee considers that such breaches may be made punishable by other kinds of sanctions (e.g. fines or other punishment not involving compulsory labour), which lie outside the scope of the Convention. The Committee therefore reiterates the firm hope that the necessary measures will soon be taken to repeal or amend the above provisions of the Control of Employment Ordinance, 1965, and of the Post Office Act, 1898, in order to bring them into conformity with the Convention and the indicated practice.

The Committee previously noted that sections 292 and 293 of the new Bangladesh Labour Act, 2006, which repealed and replaced the Industrial Relations Ordinance, 1969, contain provisions similar to those in sections 54 and 55 of the repealed Ordinance (failure to implement, or breach of, any settlement, award or decision), punishable with sanctions of imprisonment, which may involve compulsory labour. The Committee notes the Government’s indication that the Labour Act, 2006, is currently under review and that amendment proposals are being finalized. The Committee hopes that, in the course of the revision, sections 292 and 293 will be brought into conformity with the Convention, so that no sanctions involving compulsory labour can be imposed as a punishment for breaches of labour discipline. It asks the Government to provide information on any progress made in this regard.

Disciplinary measures applicable to seafarers. In its earlier 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 indication that a technical committee has been established to review the existing legal framework in the maritime sector, including the Merchant Shipping Ordinance, 1983. It further notes the Government’s statement that the legislative revision process would take into account the need to align national legislation with the Maritime Labour Convention, 2006, (MLC, 2006), which Bangladesh intends to ratify. The Committee therefore trusts that the necessary amendments will be made to the Merchant Shipping Ordinance in the near future in order 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 asks the Government to provide detailed information on the progress made in this regard.

Article 1(d). Penalties involving compulsory labour as a punishment for having participated in strikes. The Committee previously noted with regret that the Bangladesh Labour Act, adopted in 2006, does not contain any improvements as compared to the previous legislation in regard to the matters falling within the scope of the Convention. It noted, in particular, 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, such restrictions being enforceable with sanctions of imprisonment, which may involve compulsory labour (section 196(2)(e) read in conjunction with section 291(2), and section 294(1)), contrary to the provisions of the Convention.

While noting the Government’s repeated statement that such restrictions on the right to strike, which have been maintained in the Labour Act, 2006, are justified in the present socio-economic context of the country, the Committee recalls 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 in strikes. Noting also the Government’s indication that the Labour Act, 2006 is currently under review and that amendment proposals are being finalized, the Committee reiterates the firm hope, referring to its comments addressed to the Government under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), likewise ratified by Bangladesh, that the necessary measures will at last be taken to ensure the observance of the Convention both in law and in practice, either by removing the above restrictions on the right to strike, or by removing the penalties through which these restrictions are enforced and which may involve compulsory labour. The Committee requests the Government to provide, in its next report, information on the progress made in this regard.

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