Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Bangladesh (Ratification: 1972)

1. In its previous observations, the Committee has sought to encourage the Government to overcome the obstacles to women's increased participation in employment. While most of the information provided by the Government in its report was reflected in the Committee's previous observation, the Committee also notes the information contained in the Government's report on the Convention on the Elimination of All Forms of Discrimination against Women (United Nations document CEDAW/C/BGD/3-4 of 1 April 1997) according to which the Government has initiated various programmes aimed at reducing the very high level of illiteracy among girls and women. These programmes include the "Food for Education Programme" and an increased commitment to ensuring free, universal and compulsory primary education. In this regard, a separate Division of Primary and Mass Education, responsible to the Prime Minister, was established in 1992. The Committee also notes that a secondary-level scholarship programme for girls outside metropolitan areas has been initiated with the objective of retaining female students at the secondary stage and thereby promoting higher education. This measure also assists in controlling population growth by discouraging girls from marrying before 18 years of age. As a result of these schemes, and many initiatives taken by non-governmental organizations (NGOs), the number of girls in secondary schools has increased from 33.9 per cent in 1990 to 47 per cent in 1995. Campaigns have also been launched by the Government and NGOs to encourage girls' education through radio, television and videos. A special communications initiative called "Meena" has also been launched as part of the mobilization and awareness raising programme to promote the social worth of south Asian girls. On this point, the Government has expressed concern that the educational curricula are not gender sensitive and often reflect the traditional roles of men and women, thereby reinforcing those roles. The Committee hopes that this issue will receive more attention, and that the Government will also take active measures to reach its target of ensuring that females comprise 60 per cent of all recruitment for primary- school teachers. The Committee asks the Government to continue to provide detailed information on the progress made to enhance the literacy rate of girls and women.

2. As concerns the labour force participation of women, the Government states that, generally speaking, employment opportunities are unequal for women as a large majority of women live below the poverty line and do not receive education. Social constraints and norms relating to women's role also contribute to their lower employment outside the home, but women are the major contributors to the household economy. In its previous comments, the Committee noted that quota provisions had been introduced to increase the recruitment of women in the public service. In addition to recruitment on merit, 10 per cent of officers' posts and 15 per cent of staff positions at the entry level are reserved for women. The age limit for women to be eligible for entry to a government job is 30 years, whereas it is 27 years for men. According to the Government's report on the CEDAW, recent experience has shown that although women's reserved quotas are not being filled, the percentage of women recruited generally in the civil service has been higher than the fixed quotas, which is accounted for by the extent to which women are recruited by merit. At present, women constitute 7 per cent of gazetted officers and 7.4 per cent of other posts. The Government also states that the impact of the quotas is negligible, as very few new posts are available. Over the last five years, however, women have comprised only 14.4 per cent of all recruits into the public service.

3. In relation to other employment, the Committee notes that women's participation in the industrial sector is largest in the construction industry where many work as manual labourers. Women comprise nearly 24 per cent of all manufacturing workers and have been joining this sector as they have been partly displaced from the agriculture sector due to impoverishment and the adoption of new technologies. In the urban area, women are found mostly concentrated in low-paid manufacturing sector activities or in the recently emerged export-oriented labour-intensive industries. The garment and shrimp processing industries are the highest employers of women labourers. Women are also found in electronics, food processing, beverages, apparels, handicrafts and similar areas. The Government states that these industries are predominantly filled by women due to traditional perceptions about how such work is suited to their "natural abilities" and because these industries absorb unskilled and low-paid labour. The Government also indicates that the manufacturing sector does not always provide the minimum required wage level and work environment, as stipulated in the labour legislation. As concerns other employment, 43 per cent of women work in the agriculture, fisheries and livestock sectors but 70 per cent of those women work as unpaid family labourers. The Government's report on the CEDAW provides detailed information on the measures taken by government agencies and NGO programmes to promote employment opportunities for women in the rural areas.

4. The Committee notes the Government's statement that women's socio-economic status differs from their legal status. While the Government expresses its determination to take steps to eliminate discrimination against women through legal measures, it also concedes that women cannot even enjoy those rights provided by existing laws, due to the lack of enforcement. According to the Government, the disparity between the rights women have by law and what they actually enjoy arises partly from the lack of knowledge of women and men about internationally and nationally recognized women's rights and the lack of commitment by the judiciary and law enforcement agencies. Moreover, the Government states that various procedures make it difficult for women to access and use the judicial system, including, for example the esoteric language, the lengthy and costly procedures and the fact that agencies are often hostile or unsympathetic to women. Noting the establishment of a high-level committee headed by the Minister for Law, Justice and Parliamentary Affairs to examine and update existing laws so as to eliminate all forms of discrimination, the Committee requests the Government to provide information on the outcome of this review. It also requests the Government to indicate the measures being taken to gender-sensitize and train the judiciary, labour inspectors and others concerned with implementing legislation designed to ensure equality for women.

5. Noting also that a proposal has been submitted for approval to revise the recruitment procedures to permit or facilitate women to enter the police force, the Committee asks the Government to provide further information on any measures taken in this regard. Please also provide information on any measures being taken to ensure that women receive the necessary training to participate actively in the public service and at higher levels of organizations, where their representation is still negligible.