Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Other comments on C111

Observation

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Article 1 of the Convention. Protection against discrimination. Definition and prohibition of discrimination in employment and occupation. Legislation. For a number of years, the Committee has been drawing the Government’s attention to the absence of legislative provisions providing protection against discrimination based on all the grounds listed in Article 1(1)(a) of the Convention, with respect to all aspects of employment and occupation as defined in Article 1(3) of the Convention, and covering all workers. In its previous comments, the Committee noted that the Government did not take the opportunity of the adoption of the Bangladesh Labour (Amendment) Act of 2013 (Act No. 30 of 2013) nor of the Bangladesh Labour Rules of 15 September 2015 (S.R.O. No. 291-Law/2015) to include the principles of the Convention in its national legislation. In this regard, the Committee notes the Government’s repeated statement in its report that the Constitution provides protection against discrimination in employment and occupation. The Committee recalls that the main non-discrimination provision of the Constitution provides for non-discrimination by the State, but does not address the situation of the private sector and does not prohibit all the grounds of discrimination enumerated in Article 1(1)(a) of the Convention (Article 28 of the Constitution). The Committee again draws the Government’s attention to the fact that general equality and non-discrimination provisions in the Constitution, although important, have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation (see the 2012 General Survey on the fundamental Conventions, paragraph 851). The Committee also notes that several United Nations (UN) Treaty Bodies (Committee on the Elimination of Discrimination against Women, Human Rights Committee, Committee on Migrant Workers) have expressed concern that the Government has delayed the adoption of the “long-awaited comprehensive anti-discrimination legislation” and that, in 2018, the Human Rights Council, in the context of the Universal Periodic Review (UPR), recommended that the Government expedite the formulation of an anti- discrimination Act (A/HRC/39/12, 11 July 2018, paragraph 147). The Committee therefore urges the Government to take concrete steps without delay to ensure that the Labour Act of 2006 is amended or other anti-discrimination legislation adopted, in order to: (i) prohibit direct and indirect discrimination, on at least all of the grounds enumerated in Article 1(1)(a) of the Convention with respect to all aspects of employment and occupation; and (ii) cover all categories of workers, in both the formal and informal economy, including domestic workers. It asks the Government to provide information on any progress made in this regard, as well as a copy of any new legislation once adopted. The Committee further asks the Government to ensure the protection of men and women workers against discrimination in employment and occupation in practice, and particularly by the categories of workers excluded from the scope of the Labour Act.

Domestic workers. The Committee recalls that the Labour Act, 2006, excludes domestic workers from its scope of application. It notes the Government’s indication that, considering the economic and social settings of the country and the level of development of the inspection machinery, some sectors and occupations, such as domestic workers, mainly composed of self-employed and own-account workers, are excluded from the scope of the Labour Act. The Government indicates that this is because it is not feasible to apply all provisions of the Labour Act to them, but that such workers are being brought within the scope of the law gradually. The Committee recalls that all categories of workers, including domestic workers, should enjoy equality of opportunity and treatment irrespective of race, colour, sex, religion, political opinion, national extraction or social origin, in all aspects of employment (see 2012 General Survey, paragraph 778). The Committee notes that, in its 2016 concluding observations, the CEDAW highlighted the difficult situation of women domestic workers in the country and expressed concern that: (i) women domestic workers are subject to violence, abuse, food deprivation and murder; (ii) such crimes go unreported; and (iii) the victims have limited access to justice and redress (CEDAW/C/BGD/CO/8, 25 November 2016, paragraph 32). The Committee hopes that the Government will take the necessary steps to ensure that domestic workers are protected, in both law and practice, against any form of discrimination in employment and occupation and that they enjoy full equality of opportunity and treatment on the same footing as other workers without discrimination. The Committee asks the Government to ensure that domestic workers have effective access to adequate procedures and remedies and to provide information on the number, nature and outcome of complaints concerning discrimination in employment filed by domestic workers, disaggregated by sex, race national extraction, and social origin.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee previously noted section 332 of the Labour Act, which prohibits conduct towards female workers that is “indecent or repugnant” to their modesty or honour, and the guidelines on sexual harassment contained in a High Court ruling in 2009. The Committee notes the Government’s statement that, following the ruling of the High Court, several initiatives were implemented by the Ministry of Women and Children Affairs (MOWCA) to prevent any kind of gender-based violence, including through the implementation of the National Plan for the Prevention of Violence against Women and Children for 2013–25 and the establishment of several committees under different ministries, and a national centre for violence against women and children. While welcoming these initiatives, the Committee notes that the Government does not provide information on any activity or programme specifically targeting sexual harassment in employment and occupation. The Committee notes the Government’s statement that sexual harassment in employment and occupation is very rare and that workers, employers and their organizations are very much aware of their rights, obligations and procedures. However, the Committee notes that, as highlighted in the Decent Work Country Programme (DWCP) 2017–20, studies and data from the Bangladesh Bureau of Statistics (BBS) show that violence against women in the form of verbal and physical abuse is taking place among industrial workers. It further notes that, as highlighted in 2018 in the context of the UPR, the UN Special Rapporteur on violence against women reported that sexual harassment was also commonplace in various working environments and was sometimes justified as being “part of the culture” by state and non-state actors (A/HRC/WG.6/30/BGD/2, 19 March 2018, paragraph 54). The CEDAW also expresses concern at: (i) the lack of information on the impact of the ruling of the High Court requiring all schools to develop a policy against sexual harassment in schools and on the way to and from school; and (ii) the failure to implement the High Court guidelines concerning the protection of women from sexual harassment in the workplace (CEDAW/C/BGD/CO/8, 25 November 2016, paragraphs 18, 28(b) and 30(b)). Given the gravity and serious repercussions of sexual harassment on workers and also on the enterprise, the Committee highlights the importance of taking effective measures to prevent and prohibit sexual harassment at work which is a serious manifestation of sex discrimination (see 2012 General Survey, paragraph 789). The Committee encourages the Government to take steps to ensure that a comprehensive definition and a clear prohibition of both forms of sexual harassment (quid pro quo and hostile work environment) in employment and occupation is included in the Labour Act. It also asks the Government to take preventive measures, including awareness-raising initiatives on sexual harassment in employment and occupation and on the social stigma attached to this issue, among workers, employers and their respective organizations, as well as law enforcement officials, specifying the procedures and remedies available. It asks the Government to provide information on the number, nature and outcome of any complaints or cases of sexual harassment in employment and occupation dealt with by labour inspectors, the courts or any other competent authority, as well as updated statistical data on the extent of sexual harassment perpetrated against girls and women in education and in employment and occupation.

Articles 2 and 3. Equality of opportunity and treatment for men and women. Referring to its previous request regarding the measures taken to promote gender equality in employment and occupation and the results achieved, the Committee welcomes the Government’s statement that, as a result of the National Women Development Policy of 2011, several national action plans and programmes have been implemented to promote women’s entrepreneurship and access to productive employment. These plans and programmes include capacity-building on information and communication technology, and the establishment of a selling and exhibition centre (“Joyeeta”) to help in the selling of products from remote areas through the Women’s Association. The Committee notes that, as a result of the Northern Areas Reduction of Poverty Initiative (NARI) project (completed in December 2018), aimed at facilitating access to employment opportunities in the ready-made garments sector for poor and vulnerable women, training and employment was provided to 10,800 poor and vulnerable women aged 18–24 years of whom 3,236 have so far graduated. The Government adds that several programmes have been continued by the Rural Development and Cooperatives Division (RDCD), such as microcredit to promote the self-employment of rural and vulnerable women, and livelihood programmes in rural areas. The Government also refers to the introduction of a 15 per cent quota of women, in the public service, as well as a 60 per cent quota in the posts of primary school teachers, and that women are now allowed to join the armed forces. Furthermore, in order to increase women’s participation in tertiary education, arrangements have been made for stipends and 20 per cent of place are reserved for women in the Technical and Vocational Institute. The Committee notes the adoption of the Seventh Five-Year Plan (2016–20), for the implementation of the Government’s Vision 2021, which sets specific targets on gender equality, such as increasing literacy and enrolment in tertiary education for women, encouraging women’s enrolment in technical and vocational education, and creating good jobs for unemployed women and new entrants in the labour market by increasing their share of employment in the manufacturing sector from 15 to 20 per cent. The Committee notes that the new DWCP for 2017–20 encourages women’s enrolment in technical and vocational education to enhance their employability (outcome 1.2 of the DWCP). It notes that the DWCP acknowledges that gender inequality is evidenced by large differences in labour force participation rates, greater women’s involvement in vulnerable and informal employment and in wage differentials, and sets as a specific outcome in 2.1, the promotion of the ILO fundamental Conventions, including Convention No. 111, and the enhancement of constituents’ capacity for their better implementation. While welcoming the efforts made by the Government, the Committee notes that, according to the 2017 labour force survey of the BBS, the labour force participation rate of women remains far below that of men (36.4 per cent for women compared to 80.7 per cent for men), and their unemployment rate is twice as high as that of men (6.7 per cent for women compared to 3.3 per cent for men). It notes that women are mostly concentrated in agriculture (59.7 per cent) and manufacturing (15.4 per cent) and that, in 2017, only 0.6 per cent of women were managers, while 15.8 per cent of them were in elementary occupations. The Committee further notes that while almost 40 per cent of women are own-account workers, an increasing number of women (estimated at 91.8 per cent of women in 2017, compared with 85.6 per cent in 2005–06) are working in the informal economy which is characterized by low earnings and poor conditions. The Committee notes that several UN treaty bodies (such as the Human Rights Committee and the Committee on the Elimination of Discrimination against Women) have expressed concerns at the lack of implementation of the provisions of the Constitution and of existing laws on the rights of women and girls, due in part to prevailing patriarchal attitudes (CCPR/C/BGD/CO/1, 27 April 2017, paragraph 11(a), and CEDAW/C/BGD/CO/8, 25 November 2016, paragraph 10). It further notes that in its 2016 concluding observations, the CEDAW expressed concern at: (i) the low participation rate of women in the formal economy; (ii) the persistent patriarchal attitudes and discriminatory stereotypes about the roles and responsibilities of women and men; (iii) the limited efforts made by the Government to eliminate such stereotypes which constitute serious barriers to women’s equal enjoyment with men of their human rights and their equal participation in all spheres of life; (iv) the underrepresentation of women and girls in non-traditional fields of study and career paths, such as in technical and vocational education, and in higher education; and (v) the large number of girls dropping out of school between the primary and secondary levels of education owing to early child marriage, sexual harassment and early pregnancy, the low value placed on girls’ education, poverty and the long distances to schools in rural and marginalized communities. Further, the CEDAW was concerned about: (i) the limited access of rural women to education, land ownership and financial credit and loans from public banks, given that laws and policies do not recognize them as farmers; and (ii) persistent discrimination against pregnant women in the private sector and the lack of implementation of the six months maternity period provided for in the Bangladesh Labour (Amendment) Act of 2013 (CEDAW/C/BGD/CO/8, paragraphs 16, 28, 30, 32 and 36). The Committee therefore urges the Government to strengthen its efforts to address obstacles to women’s employment, in particular patriarchal attitudes and gender stereotypes and lack of access to productive resources, and to enhance women’s economic empowerment and promote their access to equal opportunities in formal employment and decision-making positions as well as by encouraging girls and women to choose non-traditional fields of study and occupations while reducing the number of girls dropping out of school early. The Committee asks the Government to indicate how the quotas in public employment (15 per cent) and applicable to primary school teachers (60 per cent) are implemented and the results achieved. The Committee also asks the Government to provide updated statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, in both the public and private sectors, as well as the informal economy.

Article 5. Special measures of protection. Restrictions on women’s employment. For more than a decade, the Committee has been drawing the Government’s attention to the fact that section 87 of the Labour Act, which provides that the restrictions set out in sections 39, 40 and 42 of the Labour Act shall apply to women workers as they apply to adolescent workers, are gender biased with respect to women’s capabilities and aspirations and may have the effect of excluding women from work opportunities. The Committee notes the Government’s statement that, despite the amendments made in 2013, these sections of the Labour Act were retained in order to protect the life and dignity of children and women. The Committee wishes to recall that protective measures for women may be broadly categorized into those aimed at protecting maternity in the strict sense, which come within the scope of Article 5, and those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, which are contrary to the Convention and constitute obstacles to the recruitment and employment of women. In addition, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (see 2012 General Survey, paragraphs 839–840). In light of the above, the Committee urges the Government to review its approach to restrictions on women’s employment and to take the necessary steps to ensure that section 87 of the Labour Act is modified so that any restrictions on the work that can be done by women are limited to maternity protection, in the strict sense, and are not based on stereotyped assumptions regarding their capacity and role in society. It asks the Government to provide information on any progress made in this regard.

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