Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee recalls that in its previous observations it has been raising issues relating to the importance of including a prohibition of discrimination in the Labour Act in conformity with the Convention; the need for full information on the specific action taken to eliminate discrimination against women and promote equality with respect to their access to employment, and to education and vocational training; and the urgent need to take active measures to address the issue of sexual harassment at work through appropriate laws, policies and mechanisms. The Committee recalls that these issues had also been discussed by the Conference Committee on the Application of Standards on the application of the Convention by Bangladesh in June 2007.

Articles 1 and 2 of the Convention. Prohibition of discrimination. The Committee recalls that the Labour Act of 2006 does not contain a prohibition of discrimination in employment and occupation based on all the grounds listed in Article 1(1)(a) of the Convention and with respect to all aspects of employment and occupation as defined in Article 1(3), that is access to vocational training, access to employment and to particular occupations, and terms and conditions of employment, including advancement and promotion. Also, the Labour Act does not apply to a number of categories of workers, including domestic workers. The Committee notes that a tripartite committee was to review the Labour Act of 2006 during 2009 and 2010 with a view to ensuring better compliance with international  labour standards. The Committee asks the Government to provide information on the outcome of the review of the Labour Act. It also  requests the Government to take the necessary measures to ensure that the amendments to the Labour Act will include a prohibition of direct and indirect discrimination, on at least all the grounds enumerated in Article 1(1)(a) of the Convention, with respect to all aspects of employment, and cover all categories of workers, including domestic workers, and it requests the Government to report on the progress made in this regard.  The Committee reiterates its request to the Government to indicate how the protection of men and women against discrimination in employment and occupation is ensured in practice, including for those categories of workers excluded from the scope of the Labour Act.

Gender equality in employment and occupation. The Committee recalls the serious gender-based inequalities in the labour market. It also recalls the need to ensure that women have a real choice of a wider range of jobs and occupations, including through broadening their educational and employment opportunities and addressing the root causes of gender inequality in the labour market. These root causes would include gender-based discrimination in hiring and stereotypical views and behaviour that confine women to training and work which are considered “suitable” for them. The Committee notes with regret that once again the Government’s report only includes very broad statements about action taken to enhance women’s participation in employment and vocational training, and that, since the discussion by the Conference Committee in 2007, no information has been provided demonstrating that the Government is actively addressing the seriously disadvantaged position of women in employment and occupation. The Committee urges the Government to take immediate steps to:

(i)    address the root causes of gender inequality in the labour market, including gender-based discrimination in hiring and stereotypical views, and behaviour that confines women to employment and training which are considered “suitable”;

(ii)   take effective measures to ensure that women have access, on an equal footing with men, to jobs in the public sector;

(iii)  take specific action to eliminate discrimination against women and to promote equality in respect of their access to education, including vocational training, as well as their equal access to employment and the widest range of occupations; and

(iv)  provide full statistical information on the situation of men and women in the labour market, including on women’s employment at all levels of the public service, and in education and training, and full information on the results secured by any action taken referred to in points (i)–(iii).

Sexual harassment. The Committee recalls the legal uncertainty as to what constitutes prohibited conduct under section 332 of the Labour Act of 2006, which prohibits behaviour in establishments that employ female workers “which may seem to be indecent or repugnant to the modesty and honour of the female worker”. The Committee notes the Government’s statement that the review and amendment of the Labour Act will consider including an appropriate definition of sexual harassment at work.

The Committee notes with interest the landmark judgment of the Bangladesh High Court of 14 May 2009 in Bangladesh National Women Lawyers Association v Government of Bangladesh and Others, issuing guidelines on sexual harassment. The High Court considered that equality in employment can be seriously impaired when women are subjected to sexual harassment at the workplace and in educational institutions, and that protection from sexual harassment and the right to education and work with dignity are universally recognized human rights, and the common minimum requirement of these rights has received global acceptance. It considered that the international Conventions and norms are, therefore, of great significance in the formulation of the guidelines to achieve its purpose. The Court’s guidelines on sexual harassment, which shall be observed in all workplaces and educational institutions in the public and private sectors (paragraph 1), provide a detailed definition of sexual harassment covering both quid pro quo and hostile environment harassment (paragraph 4). The guidelines identify the steps required of employers and educational institutions to prevent sexual harassment, including awareness raising about and widely publicizing of the guidelines and the legislative provisions regarding gender equality and sexual offences (paragraphs 3, 5 and 6). They also cover disciplinary action (paragraphs 7 and 11), a complaints mechanism, including the establishment of a complaints committee in all workplaces and educational institutions (paragraphs 8–10), and criminal proceedings (paragraph 11). In view of the inadequacy of safeguards against sexual abuse and harassment of women at workplaces and educational institutions, the High Court felt compelled to issue guidelines on sexual harassment, which will have the force of law until adequate and effective legislation is in place. The Committee asks the Government to provide information on the measures taken or envisaged to ensure the implementation of the High Court’s guidelines on sexual harassment in the private and public sectors. Understanding that a draft law on sexual harassment based on the High Court Judgement of 2009 is being discussed, the Committee requests the Government to provide information on the progress made in enacting specific legislation on sexual harassment and in amending section 332 of the Labour Act of 2006.

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