Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 2 of the Convention. Equality of opportunity and treatment of tribal peoples. The Committee notes the Government’s indication that the Ministry of Chittagong Hill Tracts Affairs has responsibility for addressing matters concerning equal opportunity, employment generation and skills development in this region. The Committee also notes that training activities for tribal peoples in the Chittagong Hill Tracts are envisaged under the Decent Work Country Programme 2006–08. It requests the Government to provide more detailed information on the measures taken to promote and ensure equality of opportunity in employment and occupation of tribal peoples in the Chittagong Hill Tracts, as well as in the other parts of the country.

Equality of opportunity and treatment irrespective of social origin. The Committee recalls that the 2005 National Strategy for Accelerated Poverty Reduction recognizes the need to address the situation of some extremely disadvantaged groups engaging in specific occupations which face social exclusion and segregation. The National Strategy acknowledged that “although in Bangladesh there is no caste system per se, these groups are treated the way lower castes are treated as untouchables in a caste system”. While noting the Government’s indication that these disadvantaged groups enjoyed their fundamental rights like every citizen of the country, the Committee requests the Government to provide more detailed information on the measures taken to implement the 2005 National Strategy as regards promoting increased access to education, training and employment of persons belonging to these groups.

Article 5. Special measures of protection. The Committee notes that sections 39, 40 and 42, read with section 87 of the Labour Act, exclude adolescents and women from certain types of work. The Committee notes that legislation that addresses issues of protection of young persons and women in an undifferentiated manner are gender-biased as regards the capabilities and aspirations of women. Section 40 excludes women from working at “any machine” except where appropriate instructions and training have been provided. The Committee is concerned that this provision may have the effect of excluding women from work opportunities in contradiction with the principle of non-discrimination. In addition, the Committee notes that under section 40(3), the Government may publish a list on hazardous work where no adolescent shall be employed. Read in conjunction with section 87, this list appears also to establish employment restrictions for women. The Committee requests the Government to provide a copy of the list issued by the Government in accordance with section 39(4) concerning hazardous work. The Committee also requests the Government to review and amend sections 39, 40, 42 and 87 of the Labour Act to ensure that the legislation reflects a gender-neutral approach and that any measures of protection applying to women’s employment are strictly proportional to the nature and scope of the protection needed.

Part III of the report form. Labour inspection. The Committee notes that the Government is considering taking action in the field of training of labour inspectors to improve their performance. The Committee requests the Government to include in the envisaged training for labour inspectors, modules concerning non-discrimination and equality and to provide information on the measures taken in this regard.