Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Bangladesh (Ratification: 1972)

Autre commentaire sur C111

Observation

Demande directe

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The Committee notes the observations of the Bangladesh Employers’ Federation (BEF) which are included in the Government’s report.

Articles 1 and 2 of the Convention. Prohibition of discrimination. The Committee recalls that it has been raising concerns regarding the absence of legislative provisions prohibiting discrimination in employment and occupation 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. It notes the Government’s acknowledgement that it is the Government’s responsibility to guarantee equality of men and women in all spheres of life. The Committee notes however that the Government repeats its indication that the Constitution sufficiently provides such protection along with legislative provisions that, while not explicitly prohibiting discrimination, provide “safeguards for women and children”. In this regard, the Committee notes that the BEF highlights section 345 of the Bangladesh Labour Act of 2006 (BLA), which provides “[i]n determining wages or fixing minimum rates for any worker, the principle of equal wages for male and female workers for work of equal nature or value shall be followed and no discrimination shall be made in this respect on the ground of sex”. The BEF also refers to rule 14 of the Minimum Wages Rules that also provides for the protection of the principle of equal remuneration for work of equal value. Regarding the Government’s indication that the Constitution sufficiently provides protection against discrimination in employment and occupation, the Committee repeats 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 General Survey on the fundamental Conventions, 2012, paragraph 851). The Committee also recalls its previous comment in which it noted in particular that the main non-discrimination provision of the Constitution is aimed at ensuring that the State does not discriminate. The Constitution 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. Regarding the BEF’s indication, the Committee highlights that while the cited provisions of the BLA afford the protection granted by the Equal Remuneration Convention, 1951 (No. 100), they do not provide the necessary protection against discrimination in employment and occupation based on all the grounds listed in Article 1(1)(a) of the Convention, since only “sex” is protected under those provisions. Finally, the Committee notes that neither the Bangladesh Labour (Amendment) Act of 2013 (Act No. 30 of 2013) nor the Bangladesh Labour Rules of 15 September 2015 (S.R.O. No. 291-Law/2015) have taken into account the Committee’s previous comments. The Committee once again requests that the Government takes concrete steps to amend, in the near future, the Labour Act of 2006, so as to 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 covering all categories of workers, including domestic workers, and to report on the progress made in this regard. In addition, the Committee requests the Government to provide more information on measures taken to ensure the principles of the Convention are reflected in future Bangladesh Labour Rules. Finally, the Committee reiterates its request to the Government to indicate how the protection of men and women workers against discrimination in employment and occupation is ensured in practice, in particular for those categories of workers excluded from the scope of the BLA.

Gender equality. The Committee recalls its previous request to the Government to indicate the measures taken to promote gender equality in employment and occupation. It notes the Government’s indication that due to positive measures, women have entered into traditionally male-dominated sectors, as well as the indication that the Ministry of Women and Children Affairs has been running special projects for training, education, welfare, safety and protection of women and children. It also notes that the Ministry of Labour and Employment has established six technical training centres for women to undergo vocational training. The Committee notes however that the report does not provide further details on the work of these centres nor on measures taken under the National Development Policy of 2011 and the National Education Policy of 2010. From the Government’s report to the Committee on the Elimination of Discrimination against Women of 27 May 2015, the Committee notes that the enrolment rate of girls in technical and vocational education is still only around 27 per cent, and that the proportion of women working in the public sector remains at 10.98 per cent (CEDAW/C/BGD/8, 27 May 2015, paragraphs 80 and 166). The Committee notes that the Government has not provided detailed information on the activities of the Rural Development and Cooperative Division, or regarding microcredit support to women for small-scale agricultural businesses. It does note, however, that sections 169(2) and 189(3) of the Bangladesh Labour Rules of 15 September 2015 establish a 10 per cent quota for women in the executive committee of a trade union if women make up 20 per cent or more of the workers’ workplace or workplaces, as well as the election of women in the Participation Committees that is proportionate to the number of women in each workplace. The Committee requests the Government to continue to provide information on the measures taken to promote gender equality in employment and occupation, and on the results achieved. In particular, the Committee requests the Government to provide information regarding: (i) the specific activities of the Ministry of Women and Children Affairs; (ii) the content of the training provided by the Women’s Technical Training Centres, indicating how it is ensured that access to education and vocational training for women is not limited in practice due to stereotyped assumptions regarding women’s roles and capabilities; (iii) the measures implemented under the National Development Policy of 2011 and the National Education Policy of 2010, as well as the activities of the Rural Development and Cooperative Division; and (iv) the immediate steps taken or envisaged to ensure that women have access to jobs in the public sector on an equal footing with men, including in senior management positions.

Sexual harassment. The Committee recalls that section 332 of the BLA prohibits conduct towards female workers that is indecent or repugnant to their modesty or honour, and the guidelines on sexual harassment included in a High Court judgment in 2009. The Committee also notes the Government’s indication that in the context of the ILO technical assistance project “Promoting gender equality and preventing violence against women at the workplace” undertaken between 2010 and 2012, awareness-raising activities to reduce sexual and non-sexual harassment of women in the workplace, targeting government officials, managers, trade union leaders and workers, were scheduled. The Committee also notes the Government’s indication that, in cooperation with workers’ and employers’ organizations, it has enacted appropriate laws, and adopted policies and mechanisms concerning sexual harassment. However, the Government does not provide any details in this regard, nor is information provided regarding the consideration of this issue in the context of the review of the draft Bangladesh Labour Rules. The Committee requests the Government to provide specific 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. The Committee also requests the Government to provide information on the progress made in enacting specific legislation on sexual harassment and in amending section 332 of the BLA. The Government is also requested to take measures to raise the awareness of workers, employers and their organizations regarding the rights, obligations and procedures with respect to sexual harassment in employment and occupation, and to provide specific information on progress made in this regard.

Article 5. Special measures of protection. The Committee recalls that the restrictions set out in sections 39, 40 and 42 of the BLA, which relate specifically to adolescent workers, also apply to women since section 87 of the BLA provides that “[t]he provisions of sections 39, 40 and 42 shall apply to a woman worker as they apply to an adolescent worker”. In response to the Committee’s observation that these provisions are gender biased with respect to women’s capabilities and aspirations, the Government indicates that, on the contrary, sections 39, 40, 42 and 87 of the BLA were enacted to protect the “weaker section” of society. In addition, the Government repeats its previous argument that 90 per cent of women are Muslim and therefore wear a sari, making it impossible for them to work safely with dangerous or moving machines. In this respect, the Committee notes that the BEF, like the Government, does not consider section 87 of the BLA to be discriminatory because women should not be compelled to wear the same light work clothes as men and would revolt if asked to do so. While noting the Government’s and the BEF’s explanations, the Committee reiterates its concern that such limitations are based on stereotyped assumptions, equating women with adolescents in need of heightened protection, and are likely to impact negatively on women’s employment opportunities. The Committee recalls that 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, and that it may be necessary to examine what other measures are necessary to ensure that women can access these types of jobs on an equal footing with men (see General Survey, 2012, paragraph 840). The Committee notes that the Government once again provides no information regarding the legislative review which was expected to address these provisions. The Committee once again requests the Government to take steps to review and amend sections 39, 40, 42 and 87 of the BLA, with a view to ensuring that women are able to access employment on an equal footing with men as opposed to the current situation which only ensures their access to employment on an equal footing with adolescents, and that any limitations or restrictions applying to women are strictly limited to maternity protection and breastfeeding.

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