Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

1. Article 1 of the Convention. Sexual harassment. The Committee notes that the Government has not responded in its report to the Committee’s General Observation of 2002 on sexual harassment. It also notes that the United Nations Family Planning Association State of the World Population Report, 2000, declares Bangladesh to be the second highest in the world in the incidence of violence against women and that the Prevention of Violence Against Women and Children Act came into force in February 2000 (referenced in the report of the Special Rapporteur on violence against women of the UN Commission on Human Rights, E/CN.4/2001/73/Add.2 at 19). The Committee further notes that the UN Committee on the Elimination of Discrimination against Women, in its Concluding Observations of July 2004, expressed concern over the occurrence of widespread violence against women, including sexual harassment in the workplace (CEDAW/C/2004/II/CRP.3/Add.2/Rev.1, paragraph 23). The Committee thus hopes the Government will provide information on the measures taken to address sexual harassment in accordance with the Committee’s General Observation in 2002. It would also welcome information on how the Prevention of Violence against Women and Children Act has been enforced in practice in relation to work-based sexual violence, including copies of any relevant court decisions.

2. Prohibition of discrimination. The Committee recalls that, under the Constitution, women shall have equal rights with men in all spheres of the State and of public life and that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth, while no legislative ban on discrimination exists in conformity with the Convention. Noting that the draft Labour Code is still in the process of adoption, the Committee once again urges the Government to ensure that the Labour Code will include a prohibition of discrimination in accordance with the requirements of the Convention. It requests the Government to continue to supply information on the progress in the adoption process and to provide a text upon adoption. In the meantime, the Government is requested to provide information on how the constitutional provisions on equal rights and non-discrimination have been enforced in practice, the penalties imposed and information on relevant judicial decisions.

3. Article 2. Equality of opportunity and treatment of men and women. The Committee recalls its longstanding concern over the low participation rate of women in employment in comparison with men and its linkage to the lower education and literacy rates of women in comparison to men. It thus welcomes the Government’s indications that parity largely has been achieved between the enrolment of boys and girls in primary schools. The Committee also notes the various measures taken by the Government to improve female literacy. At the same time, it notes that no statistical data on literacy rates or enrolments rates of men and women in secondary and higher education have been provided. In this regard, the Committee notes that the Government target of 40 per cent of primary school teaching posts filled by women by 2002 has been almost met. It also notes that the Government is taking measures to promote teacher training for women in secondary school. The Committee would welcome information from the Government as to whether similar targets for the recruitment of women into secondary and higher education teaching posts also will be set.

4. The Committee notes that according to the Concluding Observations of the UN Committee on the Elimination of Discrimination against Women of July 2004, trafficking of women and girls from the country, remains a problem and that according to the Special Rapporteur on Violence against Women, discriminatory employment practices in Bangladesh contribute to the incidence of such trafficking, particularly of women belonging to lower caste groups or ethnic minorities. Having in mind that the lack of training and employment opportunities increases women’s vulnerability to traffickers, the Committee reiterates its request for information on the measures taken to promote, in practice, equal access to training and employment of women, including those belonging to lower caste and ethnic minority groups.

The Committee is raising other points in a request addressed directly to the Government.