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4 Int'l Lab. Rts. Case L. 1 (2018-2019)

handle is hein.journals/intlrcl4 and id is 1 raw text is: 

    ;          INTERNATIONAL LABOR RIGHTS CASE LAW
 BRILL                       4 (2018) 1-2 2
NIJHOFF                                                      brill.com/ilarc


Introduction by the Editorial Team


Workers from states at a particular socioeconomic disadvantage-especially
vulnerable groups of workers-often suffer disproportionately from labor
rights violations. This volume of ILaRC features three cases in which workers
from Bangladesh are involved in three venues: the European Court of Human
Rights, the National Contact Point of the OECD, and the ILO'S Committee on
Freedom of Association. Two cases deal with Bangladeshi migrant workers
whose human and labor rights are under severe stress. A third addresses con-
cerns about freedom of association in Bangladesh.
   In her commentary on Chowdury and Others v Greece before the European
Court of Human Rights, Zuzanna Muskat-Gorska of the ITUC explores the
application of Article 4 of the European Convention on Human Rights-the
prohibition of slavery and forced labor. This case was brought on behalf of a
group of undocumented Bangladeshi migrant workers employed on a straw-
berry farm in Madola in Greece. Under exploitative conditions, they were su-
pervised by armed guards and their wages were withheld. In a conflict about
the wages, thirty-three workers were seriously injured when one of the guards
opened fire. Muskat-Gorska reviews existing jurisprudence on Article 4 in light
of ILO statements and documents and discusses how a spectrum of subtle and
less subtle forms of coercion may lead to forced labor and the antithesis of de-
cent work. She concludes that the Court missed an opportunity to contribute
to conceptual clarity by not adequately explaining the relation between forced
labor and human trafficking.
   Ben Vanpeperstraete of the Clean Clothes Campaign discusses the trouble-
some situation in regard to freedom of association in Bangladesh itself He
reviews the interim report of the Committee on Freedom of Association in
Case No. 3203 on a complaint against the government of Bangladesh by the
ITUC. He describes that, despite some initial success for the trade union move-
ment in Bangladesh in the aftermath of the 2013 Rana Plaza disaster, progress
has stagnated and the current legal and technical framework for fundamental
labor rights is woefully inadequate. Vanpeperstraete highlights three issues.
First, anti-union violence is widespread and the government's attitude adds to
an atmosphere of fear and intimidation. Second, the lack of trade union reg-
istration options is still an important impediment for workers to organize and
bargain collectively. Finally, he stresses that the Export Processing Zones Law
(D THE AUTHOR(S), 2018 1 DOI 10.1163/24056901-00401001
This is an open access article distributed under the terms of the prevailing CC-BY-NC License at the time
of publication

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