Rapport intérimaire - Rapport No. 187, Novembre 1978

Cas no 861 (Bangladesh) - Date de la plainte: 10-SEPT.-76 - Clos

1. 448. The Committee previously examined the present case at its May 1977 Session, when it presented an interim report to the Governing Body. Since then the Government has sent two communications dated 11 and 29 May 1978.
2. 449. 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

• I. Previous examination of the case by the Committee
  450. 450 In its complaint, presented in September 1976, the WFTU stated that the authorities had, under martial law regulations, declared illegal all forms of democratic organisation and expression by trade unions, infringing in particular the right of free assembly and free speech and the right to strike. Strikes, processions and demonstrations, etc., had been made penal offences. According to the complainants army contingents had been employed in industrial areas to terrorise the workers and restrict the activities of trade unions. The authorities had announced restrictions on the workers' right to freely elect the officers of trade unions, especially workers who were not working in the enterprise concerned. This step had been taken to prevent the recognised leaders of the trade union movement from functioning actively. According to the WFTU there were also reports that the authorities were encouraging the activities of disruptive elements and interfering in the internal affairs of trade unions in order to exercise control over trade union activities.
  451. 451 The WFTU also alleged that the Jatio Sramik League, the united trade union organisation, founded by the most representative trade union centres in the country, including the Bangladesh Trade Union Kendra (BTUK) which was affiliated to the WFTU, had been dissolved and all its property confiscated by the authorities.
  452. 452 The WFTU and the Trade Unions International of Agricultural, Forestry and Plantation Workers referred to a wave of arrests of trade union leaders who had been kept in detention without trial, and mentioned the names and trade union functions of some of them. There had been reports, according to the WFTU, that most of the trade unionists had been subjected to torture while in detention and that their health had considerably deteriorated because of ill-treatment.
  453. 453 In its reply the Government stated that no labour leader had been, detained for trade union activities and that the allegations regarding infringements of trade union rights were untrue. The Government also supplied information on certain of the persons mentioned by the complainants, from which it transpired that a number of them were being held for activities prejudicial to the security of the country. The persons concerned were Abu Taher Masood, Secretary, Chittagong Zonal Committee of the BTUK, and President, Daud Jute Mill Workers' Union, Chittagong; Udayan Nag, Chittagong Road Transport Workers' Union; Kazi Muzammel Hague, MP, leader of the Jatio Sramik League; Hasanuddin Sarkar, leader of the Tongi Zonal Committee of the Jatio Sramik League; Ali Azam, General Secretary, Adamjee Majdoor Trade Union; Shamsuzzaman Selim, leader of Padna District Trade Union Council. Other trade unionists, whose names were mentioned by the Government, had been released or had never been arrested. The Government supplied no information as regards the following persons: Saifuddin Manik, member of the General Council of the WFTU and General Secretary of the Bangladesh Trade Union Kendra; Harun-ur-Rashid, deputy member of the WFTU General Council and President of the BTUK; Manjurul Ahsan, joint secretary of the Bangladesh Trade Union Kendra (the WFTU had indicated that warrants of arrest had been issued against these three trade union leaders).
  454. 454 At its May 1977 Session the Committee noted that the Government had supplied some information on certain aspects of the case, but that it had supplied no information on certain other serious allegations made by the complainants, in particular as regards the restrictions imposed by the authorities on activities of trade unions and the alleged dissolution of the Jatio Sramik League. In this connection the Committee recalled that the purpose of the whole procedure was to promote respect for trade union rights in law and in fact, and the Committee was confident that if it protected governments against unreasonable accusations, governments an their side would recognise the importance, for the protection of their own good name, of formulating for objective examination detailed factual replies to such detailed factual charges as might be put forward.
  455. 455 As regards the alleged dissolution of the Jatio Sramik League, the Governing Body, on the recommendation of the Committee, drew the attention of the Government to the provisions of Article 4 of Convention No. 87, whereby "workers' and employers' organisations shall not be liable to be dissolved or suspended by administrative authority", and requested the Government to transmit its observations on this allegation, stating, in particular, the present status of this organisation and its ability to carry out normal trade union activities.
  456. 456 As regards the allegations concerning the arrest and detention of trade unionists, the Governing Body, on the recommendation of the Committee, drew the attention of the Government to certain principles concerning the arrest and detention of trade union leaders, in particular guarantees of normal judicial procedure. The Governing Body also requested the Government to supply full and precise information concerning the trade unionists who were stated to be in detention, specifying the charges which had been brought against them, and to transmit the texts of any judgements delivered by the courts concerning these persons, together with the grounds adduced therefor; and to supply information concerning those trade unionists mentioned by WFTU in respect of whom warrants of arrest had been issued, stating in particular the reasons for which these persons were being sought.
  457. 457 As regards the general allegations concerning interference by the authorities in trade union activities, the Governing Body, on the recommendation of the Committee, drew the attention of the Government to Article 3 of Convention No. 87, which guarantees to workers' and employers' organisations, inter alia, the right to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes without any interference by the public authorities. The Governing Body also requested the Government to transmit its observations on the allegations relating to interference in trade union activities.
• II. The most recent communications of the Government
  458. 458 In its communications dated 11 and 29 May 1978 the Government replied to the requests made by the Governing Body.
  459. 459 In the communication of 11 May 1978 the Government states, as regards the dissolution of the Jatio Sramik League, that Article 4 of Convention No. 87 is being observed in letter and spirit. No organisations of employers and workers have so far been dissolved by administrative authority. The Government explains that under article 117 A of the Constitution of Bangladesh, one political party, the Bangladesh Krisak Sramik Awani League (BAKSAL), was formed in the country and that the Jatio Sramik League was incorporated in it as one of its organs. Subsequently, article 117 A was annulled by the Proclamation of 8 November 1975.
  460. 460 In the meantime, continues the Government, some of the trade union organisations which were affiliated to the Jatio Sramik League have revived their respective trade unions and started functioning. In this connection the Government states that the Bangladesh Sramik League, one of the most important and representative national unions, is directed by Mr. Abdur Rahman, former President of the defunct Jatio Sramik League.
  461. 461 As regards the arrested trade unionists, the Government indicates, in its letter of 29 May 1978, that Abu Taker Masood, Udayan Nag and Shamsuzzaman Selim have been released, the first on 26 April 1977 and the second on 28 April 1977 (no dates communicated for the last) by government orders Nos. 864 of 10 April 1977, 884 of 24 December 1977 and 1103 of 24 December 1977) respectively. The Government also states that information concerning Ali Azam and Kazi Muzammel Haque will be supplied after receipt of the award of the Supreme Court on the appeals filed by them.
  462. 462 In connection with the allegations concerning interference by the authorities in trade union activities, the Government communicates the text of two notifications of 20 July 1977 putting an end to the restrictions imposed by sections 4 and 7 of the industrial Relations (Regulation) ordinance, 1975 (No. 54). Under these notifications registration of new trade unions and elections for determination of collective bargaining agents are again permitted.

B. B. The Committee's conclusions

• III. Conclusions of the Committee
  463. 463 As regards the allegations concerning the dissolution of the Jatio Sramik League, it would appear from the information supplied by the Government that the organisation in question - which groups the major trade union organisations in the country - had been incorporated into the political party set up under the national Constitution. The repeal of the Constitutional provision in question has, it seems, resulted in the disappearance of the Jatio Sramik League. The Committee notes the information provided by the Government, but is obliged to point out that the structural relationship between the trade union organisation and the political party has been of such a nature as to compromise the continuity of the trade union movement. In this regard the Committee wishes to refer to the principle set forth in the resolution concerning the independence of the trade union movement, adopted by the International Labour Conference in 1952, according to which governments should not attempt to transform the trade union movement into an instrument for the pursuance of political aims. The Committee notes, however, in the light of the information supplied by the Government, that a number of trade union organisations affiliated to the Jatio Sramik League have once again begun to function.
  464. 464 As regards the arrest of trade unionists, the Committee notes with interest that a number of the trade union leaders mentioned by the complainants have been released. The Committee must nevertheless regret that the Government has supplied no information of the precise grounds for their arrest. Nor has the Government stated whether they were brought to trial before the competent judicial authorities. In this respect the Committee wishes to stress the importance which it attaches to the principle that a detained person should be subject to regular judicial procedure and be brought without delay before the appropriate judge, this right being recognised in such instruments as the International Covenant on Civil and Political Rights. In the case of persons engaged in trade union activities, this is one of the civil liberties which should be ensured by the authorities in order to fully safeguard the exercise of trade union rights.,
  465. 465 As regards Ali Azam and Kazi Muzammel Haque, the Committee notes that information will be communicated after the Supreme Court has dealt with the appeals filed by the persons concerned.
  466. 466 The Committee also notes that the Government has not supplied information regarding Mr. Hasanuddin Sarkar, who was arrested, and Saifuddin Manik, Harun-ur-Rashid and Manjurul Ahsan, against whom warrants of arrest were issued.
  467. 467 The Committee notes the information provided by the Government regarding the allegations concerning interference by the authorities in trade union activities. It has also noted the provisions adopted by the Government restoring the authorisation to register new trade unions and to hold elections for the determination of collective bargaining agents. It must, however, recall that the allegations of the WFTU were more concerned with violations of the right to strike, to hold meetings and to elect trade union leaders freely. The Committee wishes once again to request the Government to communicate its observations on these allegations.

The Committee's recommendations

1. 468. In these circumstances, and as regards the case as a whole, the Committee recommends the Governing Body:
   • (a) as regards the allegations relating to the Jatio Sramik League, to stress the importance which it attaches to the principles set forth in paragraph 463 above concerning the independence of the trade union movement with respect to political parties;
   • (b) as regards the allegations concerning the detention of trade union leaders:
   • (i) to note with interest that a number of the trade unionists mentioned by the complainants have been released; but nevertheless to draw the attention of the Government to the principles and considerations set forth in paragraph 464 above concerning the guarantees of regular judicial procedures; and to request the Government, once again, to indicate the reasons for the detentions and to state whether the persons concerned have been brought before the courts;
   • (ii) to request the Government to communicate detailed information on the awards to be given by the Supreme Court in the cases of Ali Azam and Kazi Muzammel Hague;
   • (iii) to likewise request the Government to furnish detailed information on the present situation of Hasanuddin Sarkar, Saifuddin Manik, Harun-ur-Rashid and Manjurul Ahsan;
   • (c) as regards the allegations concerning interference by the authorities in trade union activities, to request the Government once again to communicate its observations on the situation as regards the right to strike, the right to hold meetings and the right to elect trade union leaders freely; (d) to take note of the present interim report.