CMNT_TITLE

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

Other comments on C111

Observation

Direct Request

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The Committee notes the observations of the Trade Union Committee of International Labor Standards (TU-ILS Committee) of Bangladesh, received on 1 September 2022.

Articles 1(1)(a) of the Convention and 5. Restrictions on women’s employment. Special measures of protection. 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 (restrictions of employment in certain work), 40 (work on dangerous machines) and 42 (underground and underwater work) of the Labour Act shall also apply to women workers, may have the effect of excluding women from work opportunities. The Committee notes the Government’s statement that a tripartite committee (workers, employers and Government) was formed, and the further amendment of the Labour Act is underway. Noting that, in 2022, an amendment to the Labour Rules 2015 was adopted, the Committee asks the Government:

(i)to indicate whether the amended provisions address the restrictions on women’s employment; and
(ii)to provide information on how it ensures any further obstacles to women participating in employment and occupation, such as stereotyped assumptions regarding the capacity and role of women in society, are eliminated. It asks the Government to provide information on any progress made in this regard.

Article 1(1)(b). Additional grounds of discrimination. Disability. The Committee notes that, according to the Bangladesh Bureau of Statistics, the disability rate was 9 per cent in 2017 (8 per cent for women). It notes from the Government’s report the adoption of: (1) the Rights and Protection of the Persons with Disability Rules, 2015; (2) the Disability Related Integrated Special Education Policy, 2019; (3) quotas for persons with disabilities (5 per cent quota for enrolment in technical schools and colleges, one per cent for 1st and 2nd class government jobs and 10 per cent for 3rd and 4th class government jobs); (4) tax incentives (5 per cent if a company employs at least 10 per cent of persons with disabilities); (5) the Bangladesh National Building Code 2020 for disability-friendly construction in every public place; and (6) the establishment of the Bangladesh Business and Disability Network (BBDN). The Committee notes the UT-ILS Committee observes that persons with disabilities are discriminated against and have very little access to employment in the private sector. It further notes that the United Nations Committee on the Rights of Persons with Disabilities (CRPD) expressed concern about: (1) discriminatory practices, including harassment, against persons with disabilities in employment, particularly against women with disabilities, persons affected by leprosy, persons with intellectual and/or psychosocial disabilities and workers in tea plantations, including unequal treatment in recruitment, the lack of individualised support and reasonable accommodation, inequality in remuneration and unfavourable employment conditions and benefits; (2) reported cases of sexual harassment in the workplace against women with disabilities and the lack of measures to prevent and protect them; and (3) the absence of effective incentives and affirmative action programmes to promote the inclusion of persons with disabilities in the open labour market, both in the public and private sectors (CRPD/C/BGD/CO/1, 9 September 2022, paragraph 51). In addition, the Committee notes that, according to the 2019 National Review Report for Beijing + 25, access to education, and employment is low for women with disabilities compared to that of men and with the increase of women’s mobility in public sphere, gender-based violence has created an insecure situation for women and girls. The Committee asks the Government to provide:

(i)information on any measures taken to ensure that educational and employment quotas are applied and enforced, and the impact of those measures on the integration of men and women with disabilities in the labour market;
(ii)information on any other practical steps taken to promote equality of opportunity and treatment for both men and women with disabilities in all aspects of employment and occupation, and ensure protection against violence and harassment including gender-based violence, and the results achieved;
(iii)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. Noting that the Government’s report does not provide any information in response to the Committee’s request for information, the Committee observes that the United Nations Committee on Economic Social and Cultural Rights (CESR) 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 recalls that, in its 2016 concluding observations, the UN Committee on the Elimination of Discrimination against Women (CEDAW) also expressed concern about Dalit women facing multiple forms of discrimination, 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). The Committee notes the observations from the UT-ILS Committee according to which persons from the horizon community are viewed as able only to be cleaners, sweepers, or laboratory assistants who handle corpses.The Committee again recalls that discrimination in employment and occupation against men and women due to their real or perceived membership of a certain caste is prohibited under the Convention and that continuing measures, including legal measures, are required to end such discrimination. TheCommittee again asks the Government to provide information on:

(i)any steps taken to combat stereotypes and prejudices based on social origin and to promote equal opportunity and tolerance among all sections of the population and raise public awareness of the legal prohibition of caste-based discrimination in employment and occupation;
(ii)any measures taken aiming at ensuring equality of opportunity and treatment for socially disadvantaged groups, as well as on the results achieved by the various existing schemes and programmes in this regard;
(iii)any initiatives taken or envisaged to put in place programs to open up and include Dalit people in public sector employment; and
(iv)specific measures taken to address multiple forms of discrimination faced by Dalit women, including sexual harassment.

Equality of opportunity and treatment for indigenous people. The Committee notes the Government refers again to the 5 per cent quota reserved for minority groups in the public service. The Committee recalls that the Decent Work Country Programme (DWCP) for 2017–20 cites a recent study revealing that the existing 5 per cent quota 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. In response to its request, the Committee notes the Government’s indication that so far there have been no complaints received by a person from an ethnic minority group regarding sexual harassment. In this regard, the Committee recalls that the absence of complaints can indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see 2012 General Survey, paragraph 870). The Committee reiterates its request to the Government to provide information on the measures, including legal measures, taken to prevent discrimination and prejudice and to enhance equal opportunities and the equal treatment of indigenous peoples in employment and occupation. It again asks the Government to provide comprehensive information on:

(i)the results achieved in practice by the various existing programmes and initiatives, including the implementation of the quotas, as well as on the stipend provided; and
(ii)any measures taken to prevent and address specifically sexual harassment faced by indigenous peoples, in particular indigenous women, and to ensure their access to preventive measures and effective complaints mechanism.

Equality of opportunity and treatment irrespective of race, colour or national extraction. Rohingya refugees and migrant workers. 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 are men and 67.7 per cent are women), of which 53.5 per cent were in the labour force. It notes the Government’s indication that migrant workers and refugees are always protected and there is no scope for discrimination based on race, colour, sex, religion or national extraction in employment and occupation. The Committee recalls that, in its 2016 concluding observations, the CEDAW expressed concern about the multiple forms of discrimination faced by Rohingya Women and girls; their lack of access to education, employment and freedom of movement; and the increased rates of trafficking they face (CEDAW/C/BGD/CO/8, 25 November 2016, paragraphs 20 and 40). The Committee recalls the particular vulnerability of migrant workers to discrimination and, that under the Convention, all migrant workers, including those in an irregular situation, must be protected from discrimination in employment on the basis of the grounds set out in Article 1(1)(a) (see 2012 General Survey on the fundamental Conventions, paragraph 778). Therefore, the Committee reiterates its request for the Government to provide information on the steps taken 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. 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.

Enforcement, training and awareness-raising. The Committee notes the Government’s indication that: (1) regular training activities for inspectors are ongoing and in 2020-21, 25 training sessions took place training 436 inspectors, 60 inspectors completed a foundational training course, 301 inspectors completed an in-house training program; (2) the Department of Inspection for Factories and Establishments (DIFE) conducts awareness building programs; training of trainers on gender-based violence and reproductive health; and developed the Operational Strategy to Prevent and respond to Gender Based Violence and Gender Discrimination in the Workplace under which 35,000 people including owners, mid-level management and workers will be trained; (3) the DIFE established a toll-free helpline for workplace complaints (from July 2021 to June 2022, two complaints of sexual harassment were received and addressed). The Committee also notes that the Bangladesh Employers’ Federation organizes training on labour related issues gender, diversity, occupational health and safety, industrial relations and disability issues. The Committee asks the Government to provide information on:

(i)the implementation of the Operational Strategy to Prevent and respond to Gender Based Violence and Gender Discrimination in the Workplace;
(ii)any other awareness-raising to promote non-discrimination, particularly among employers, workers and their respective organizations, and the general public;
(iii)any capacity-building or training activities provided to employees, judges, labour inspectors and legal practitioners on the detection and treatment of cases of discrimination; and
(iv)the number, nature (ground concerned) and outcomes (sanctions and compensation) of cases of discrimination dealt with by the enforcement authorities, including trough the helpline.