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

Other comments on C111

Observation

Direct Request

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Article 1(1)(b) of the Convention. Additional grounds of discrimination. Disability. The Committee notes with interest the adoption of the Rights and Protection of Persons with Disabilities Act, 2013. It notes from the Government’s report to the United Nations (UN) Committee on the Rights of Persons with Disabilities (CRPD), that section 37(1) of the Act provides that “notwithstanding anything contained in any other law in force, a qualified person with disability shall not be deprived of or discriminated against in giving employment on account of his/her disability, depending on the nature of disability, provided he has the requisite qualifications”. The Government adds that, as a result of the Skills Vision elaborated in 2016, in collaboration with the ILO and the European Union, in addition to the Government, a large number of private organizations have also successfully developed and implemented specific employment programmes for persons with disabilities (CRPD/C/BGD/1, 30 August 2018, paragraphs 145 and 148). The Committee, however, notes that in its 2018 concluding observations, the UN Committee on Economic, Social and Cultural Rights (CESCR) expressed concern that the employment quotas in place for persons with disabilities are inadequate and not properly implemented, and that persons with disabilities still face difficulties in accessing the labour market (E/C.12/BGD/CO/1, 18 April 2018, paragraph 31). The Committee asks the Government to provide information on the application of section 37(1) of the Rights and Protection of Persons with Disabilities Act, 2013, in practice, including on its impact on the integration of men and women with disabilities in the labour market. It asks the Government to provide information on any steps taken to promote equality of opportunity and treatment of persons with disabilities in all aspects of employment and occupation, including access to vocational training, access to employment and to particular occupations, terms and conditions of employment, and employment quotas and on the results achieved. The Committee also asks the Government to provide updated information on the employment rate of persons with disabilities, disaggregated by sex and work environment (segregated work environment or open labour market).

Articles 2 and 3. Equality of opportunity and treatment irrespective of social origin. In reply to the Committee’s request for information on persons belonging to socially disadvantaged groups, the Government indicates that the Programme for improving the living standards of some deprived minority groups or communities, such as Dalit, Harijan, Bede and Hizra, was continued in all districts of the country, and that 25,000 underprivileged people and 4,000 Hizra were to be beneficiaries. The Committee, however, notes that both the UN Committee on Economic, Social and Cultural Rights and the Human Rights Committee expressed specific concern about the persistence of a caste-based system resulting in Dalit workers being segregated in socially stigmatized service sectors that have been traditionally assigned to them and who are facing severe difficulties in accessing employment outside those sectors (E/C.12/BGD/CO/1, 18 April 2018, paragraph 31, and CCPR/C/BGD/CO/1, 27 April 2017, paragraph 11(d)). It further notes that, in its 2016 concluding observations, the UN Committee on the Elimination of Discrimination against Women also expressed concern about Dalit women facing multiple forms of discrimination, as well as about the abductions, sexual harassment, rape and intimidation of Dalit women, as well as their lack of access to public services and resources (CEDAW/C/BGD/CO/8, 25 November 2016, paragraph 40). Recalling that discrimination in employment and occupation against men and women due to real or perceived belonging to a certain caste is unacceptable under the Convention and that continuing measures are required to end any such discrimination, the Committee asks the Government to provide information on the: (i) steps taken to combat stereotypes and prejudice and to promote tolerance among all sections of the population; (ii) specific measures taken to raise public awareness of the legal prohibition of caste-based discrimination in employment and occupation; (iii) adoption and implementation of any new measures aiming at ensuring equality of opportunity and treatment of socially disadvantaged groups, as well as on the results achieved by the various existing schemes and programmes in this regard; and (iv) specific measures taken to address multiple forms of discrimination faced by Dalit women, including sexual harassment.

Equality of opportunity and treatment of indigenous people. The Committee previously requested the Government to provide statistics regarding indigenous peoples working in the public service and educational institutions, as well as information on the measures adopted or envisaged to ensure equality of opportunity in employment and occupation of indigenous peoples, including those living in the Chittagong Hill Tracts (CHT) region. It notes the Government’s repeated indication, in its report, that in the public service a 5 per cent quota is reserved for minority groups and that educational institutions have also introduced admission quotas for students from ethnic minorities, as well as stipends. The Government adds that several projects are being implemented, including within the framework of its Seventh Five Year Plan (FYP) for 2016–20, to promote equality of opportunity and treatment of indigenous peoples, mainly in the CHT region, to enhance access to more inclusive economic and livelihood opportunities. The Government also refers to a project currently undertaken in collaboration with the UNICEF in the CHT region for the period 2018–21 to establish, inter alia, four schools to provide formal vocational and technical education to 1,200 students from ethnic minority communities, as well as an adult literacy programme. The Committee notes that the Government also refers to two ILO technical cooperation projects on “protecting indigenous and tribal workers from unacceptable forms of work in Bangladesh”, implemented for 2017–19, as well as on “improving indigenous and tribal peoples’ access to justice and development initiatives through community-based monitoring". It notes that, as a result, capacity-building training was provided to 120 high level Government’s officials and 300 indigenous women and men on relevant provisions of UN Human Rights instruments. Regarding harassment in the workplace faced by indigenous women and men, the Government indicates that “One Stop Crisis Cells” have been established to provide information and support to victims of sexual violence. While welcoming the efforts made by the Government, the Committee notes that the Decent Work Country Programme (DWCP) for 2017–20 acknowledges that concrete data are lacking to assess progress towards equal opportunities for indigenous peoples in the sphere of productive employment. According to the DCWP, a recent study reveals that the existing 5 per cent quota reserved for minority groups in the public service is not being filled and that despite Government’s policy commitments progress has been slow because of a lack of proper implementation of such policies. The Committee further notes that in its 2017 concluding observations, the UN Human Rights Committee expressed concern about the lack of legal recognition of indigenous peoples and reported discrimination and restrictions on the civil and political rights of indigenous peoples, particularly in relation to land rights (CCPR/C/BGD/CO/1, 27 April 2017, paragraphs 11(c) and 17). Welcoming the projects directed at indigenous people, the Committee asks the Government to continue to provide information on the measures taken to fight against discrimination and prejudice and to enhance equal opportunities and the equal treatment of indigenous people in employment and occupation. It asks the Government to provide comprehensive information on the results achieved in practice by the various existing programmes and initiatives, including concerning the implementation of the quotas allocated for indigenous peoples in the public service and in educational institutions, as well as on the stipend provided. The Committee asks the Government to provide information on the measures taken to address sexual harassment in employment and occupation faced by indigenous people, including on the concrete impact initiatives such as the One Stop Crisis Cells have had in practice.

Equality of opportunity and treatment irrespective of race, colour or national extraction. Rohingya refugees and migrant workers. The Committee notes that the Government refers to the recent arrival of a large number of Rohingya people from Myanmar. While recognizing the challenges faced by the Government as host country, the Committee notes that in its 2016 concluding observations, the CEDAW expressed concern about: (i) the lack of access to education, employment and freedom of movement of Rohingya women and girls; (ii) the multiple forms of discrimination faced by them; as well as (iii) the increased rates of trafficking in Rohingya women and girls (CEDAW/C/BGD/CO/8, 25 November 2016, paragraphs 20 and 40). The Committee notes that, according to the 2017 Labour Force Survey (LFS) of the Bangladesh Bureau of Statistics (BBS), migrants represented 19.3 per cent of the total population in 2017 (32.3 per cent of men and 67.7 per cent of women), of which 53.5 per cent were in the labour force. The Committee asks the Government to take the necessary steps without delay to ensure that migrant workers and refugees are effectively protected against discrimination based on race, colour, sex, religion or national extraction in employment and occupation, and to provide information on any measures adopted to that end. Referring to its 2018 General Observation on discrimination based on race, colour and national extraction, the Committee firmly encourages the Government to take steps to address prejudices and stereotypes against migrant workers and refugees and to promote mutual understanding and tolerance among all sections of the population.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Enforcement. Referring to its previous comments, the Committee notes the Government’s repeated statement that labour inspectors are regularly trained on non-discrimination issues. It notes, however, that the Government seeks technical assistance from the Office concerning specific training to identify and address discrimination in employment and occupation. The Committee asks the Government to provide information on the concrete measures taken to enhance the capacity of the labour inspectors in order to ensure the effective implementation of the Convention and recalls that the Government can avail itself of the technical assistance of the Office in this regard. It asks the Government to provide information on the number of cases of discrimination dealt with by the labour inspectors, the courts or any other competent authorities, as well as the sanctions imposed and the remedies granted, while specifying the ground of discrimination concerned. In light of the lack of legislation fully reflecting the Convention, the Committee asks the Government to provide specific information on: (i) the concrete measures taken to raise awareness of the principles of non-discrimination and equality in employment and occupation, particularly among employers, workers and their respective organizations, and the general public; and (ii) any capacity-building and training activities provided to employees, judges, labour inspectors and legal practitioners on the detection and treatment of cases of discrimination, the elimination of discrimination and the promotion of equality in employment and occupation.