Demande directe (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

The Committee notes the succinct information provided by the Government in its report.

Article 3, paragraph 1, of the Convention. Further to its previous comments the Committee observes that no copies of the regulations issued under section 19(2)(i) to (m) of the Bangladesh Nursing Council Ordinance, 1983, have ever been enclosed with the Government's reports. The only legal texts which have been sent with this Ordinance were its three schedules referring to nursing qualifications granted by the nursing institutions in Bangladesh which are related to the application of section 9 but not to section 19(2) of the Ordinance. In this respect, the Committee observes that the Government in its report of 1994 stated in relation to the application of Article 3, paragraph 1, that these regulations had been sent with the report of 1993. However, in the report of 1993 the Government stated as follows: "The text of the course outlines for senior registered nurse syllabus prescribed under section 19, paragraph 2(i), of the Bangladesh Nursing Council Ordinance, 1983, is to be sent separately ...". The Committee is therefore bound to request the Government once more to communicate copies of the regulations issued under section 19(2)(i) to (m) of the Bangladesh Nursing Council Ordinance, 1983.

Article 6. The Committee recalls that, from its first previous comments, after the first report was examined, the Committee has been requesting the Government to inform on the specific regulations ruling the working conditions (paragraphs (a) to (g) of this provision of the Convention) in relation to nursing personnel. The Government provided some information, e.g., on hours of work, holidays, etc. Although the Committee has formulated several requests the Government has not supplied concrete information on the legal texts providing such working conditions (with the exception of the Prescribed Leave Rules, 1959, for holidays) nor has it sent copies of the relevant texts. The Committee therefore requests the Government once more to communicate the relevant information and copies with its next report.

In addition, the Committee notes with concern the information provided by the Government that most private clinics do not comply with the standard of employment of nurses in the public sector. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the application of these provisions of the Convention to the totality of the nursing personnel employed in the private sector.

Article 7. The Committee notes with concern the information provided by the Government according to which: precautions are not complied with as regards the application of this provision due to the non-availability of necessary equipment; no effective mechanism to reduce the hazard to nursing personnel of HIV/AIDS/hepatitis and other infectious diseases is operational; waste disposal is not properly functional and the sale of used equipment is a common practice. The Committee trusts that the Government will make every effort to take the necessary action to adapt the existing laws and regulations on occupational health and safety to the special nature of nursing work and the environment in which it is carried out. Referring to its general observation of 1990, which it repeated in 1994, the Committee hopes that the Government will take measures, in consultation with the employers' and workers' organizations concerned, with regard to the adjustment of working conditions of the nursing personnel infected or considered to be infected with HIV/AIDS (e.g. hours of work, rest time, recognition that the cause of infection was occupational, compensations, etc.).

Part V of the report form (read in conjunction with Article 2, paragraph 2). The Committee notes the information supplied by the Government that contact between the Directorate of Nursing Services and nurses employed in the private sector has not improved. The Committee trusts that the Government will take the necessary measures to improve this situation and that it will supply information on any progress achieved in this matter. The Committee suggests that the Government might wish to make use of the technical assistance of the International Labour Office to resolve the matter. In addition, the Committee requests the Government to continue to provide statistical information on the number of nursing personnel in the public and private sectors, in relation to the population and other people employed in the health sector, and the number of people leaving the profession.