Of workers’ protests, mass dismissals and police raids

Recently, at least 25 people were injured in separate clashes between workers and police in Kushtia and Narayanganj. Of them, five Bidi (hand-rolled cigarette) workers sustained bullet injuries, as police opened fire on them. The clash took place when the workers were demonstrating, demanding their due wages.

This incident is part of a pattern. Internationally, Bangladesh has, over a period, been called out for handling protests and lawful strikes with mass dismissals, and excessive and unjustified use of force.

Bangladesh has undertaken international obligations to ensure safety and protection of workers. However, more often, its responses to protests, demonstrations and strikes run counter to such pledges.

In 2019, Human Rights Watch (HRW) interviewed eight individuals who witnessed actions like police violence in connection with workers' demonstrations and dismissed workers. They reviewed lists of fired workers and dismissal notices and found out how Bangladesh routinely resorts to mass dismissals and violence to curb protests.

HRW deputy Asia director had earlier said, "It's grotesque to imagine police raiding homes and indiscriminately shooting rubber bullets, but that is exactly what Bangladesh authorities have resorted to."

While the right to strike is not absolute in international law, and may be subject to certain restrictions, the ILO Committee on Freedom of Association "made it clear that [the right to strike] is a right, which workers, and their organisations (trade unions, federations and confederations) are entitled to enjoy."

The committee further noted that any restriction on the right to strike "should not be excessive", and that the "legitimate exercise of the right to strike should not entail prejudicial penalties of any sort, which would imply acts of anti-union discrimination".

Any penalty handed down for participating in an illegal strike should be proportionate to the offence, according to international human rights standards. In a 2019 newspaper article, HRW thoroughly discussed the measures Bangladesh regularly adopts against protests and demonstrations and underscored their inconsistency with the human rights standards.

HRW considers dismissal for exercising the right to strike a disproportionate disciplinary sanction, more so, because the ILO considers sanctions for participating in strikes acceptable only when national law itself is consistent with international standards on freedom of association.

The ILO committee responsible for interpreting the application of the international labour standards, the Committee of Experts on the Application of Conventions and Recommendations, has stated that "sanctions for strike action, including dismissals, should be possible only where strike prohibitions are in conformity with the principles of freedom of association".

The committee has repeatedly held Bangladesh Labour Act in violation of ILO conventions on freedom of association and collective bargaining.