Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Bangladesh (Ratification: 1979)

Article 5(1) of the Convention. Effective tripartite consultations. The Committee welcomes the information provided by the Government on tripartite consultations held within the Tripartite Consultative Council (TCC) during the reporting period on matters concerning international labour standards covered by Article 5(1) of the Convention. In this respect, the Committee notes that, in 2017, the TCC discussed the possibility of ratifying the Minimum Age Convention, 1973 (No. 138). The Government reports that preparatory work for the ratification of Convention No. 138 is being carried out, including tripartite consultations in the TCC concerning ratification. With regard to the possible ratification of the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Employment Policy Convention, 1964 (No. 122), and the Indigenous and Tribal Peoples Convention, 1989 (No. 169), the Government reiterates that the ratification of these instruments is not feasible in the near future, indicating that in light of current economic and social circumstances in the country, it would take considerable time to create favourable administrative and legal systems prior to ratification. With respect to the ratification and application of the ILO instruments relevant to the occupational safety and health (OSH) framework contemplated under the 2013 Tripartite Statement of Commitment adopted after the tragic events of Rana Plaza and the Tazreen Factory, the Government indicates that the ratification of these instruments is not envisaged. The Government once again indicates that, while it has not ratified the OSH instruments, it is nevertheless committed to ensuring enforcement of existing legislation related to OSH. The Government refers in this context to the implementation of a set of initiatives taken with a view to improving the OSH situation of workers in the country, including the adoption of a National OSH Policy in 2013 and the establishment of a permanent Industrial Safety Unit under the Department of Inspection for Factories and Establishments within the Ministry of Labour and Employment (MOLE). It also refers to the establishment in March 2017 of a 20-member TCC for the ready-made garment (RMG) sector. The Government does not, however, indicate whether or not tripartite consultations were held to examine the possible ratification of the OSH instruments referenced. Lastly, the Government refers to the adoption of measures taken during the reporting period to strengthen the Tripartite Consultative Council, such as the establishment in 2017 of a TCC support unit within the MOLE. In addition, the formation of the TCC was incorporated in the Bangladesh Labour Act, 2006 (BLA), in amendments introduced in 2018. The Committee requests the Government to provide specific and detailed information on the content, the outcome and the frequency of the tripartite consultations held on all matters concerning international labour standards covered by the Convention, including on: replies to the questionnaires on Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to Parliament (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)), including ILO instruments relevant to the occupational safety and health (OSH) framework; and reports to be presented on the application of ratified Conventions (Article 5(1)(d)).

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages Member States to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to continue to provide updated information in its next report on the measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to reinforce the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.