Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

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

Autre commentaire sur C111

Observation

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

Article 1 of the Convention. Protection against discrimination. Definition and prohibition of discrimination in employment and occupation. Legislation. While noting the current humanitarian situation in the country, the Committee is bound to note that for a number of years, it has been drawing the Government’s attention to the absence of legislative provisions providing protection against discrimination based on all of 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. The Committee notes the TU-ILS Committee’s statement that there is discrimination in employment both in the private and public sectors. While noting the Government’s repeated statement that the Constitution provides protection against discrimination in employment and occupation, the Committee recalls that the main non-discrimination provision of the Constitution (article 28) provides for non-discrimination by the State but does not address the situation of the private sector and does not prohibit all of the grounds of discrimination enumerated in Article 1(1)(a). The Committee has repeatedly drawn the Government’s attention to the fact that: (1) the constitutional provisions providing for equality of opportunity and treatment, although important, are generally not sufficient to address specific cases of discrimination in employment and occupation; and (2) a more detailed legislative framework addressing specifically discrimination in employment and occupation is required. Such a framework could include the following elements: coverage of all workers; provision of a clear definition of direct and indirect discrimination, as well as sexual harassment; the prohibition of discrimination at all stages of the employment process; the explicit assignment of supervisory responsibilities to competent national authorities; the establishment of accessible dispute resolution procedures; the establishment of dissuasive sanctions and appropriate remedies; the shifting or reversing of the burden of proof; the provision of protection from retaliation; affirmative action measures; and provision for the adoption and implementation of equality policies or plans at the workplace, as well as the collection of relevant data at different levels (see 2012 General Survey on the fundamental Conventions, paragraphs 850–855). In this regard, the Committee notes that an Anti-Discrimination Bill, 2022, was submitted to Parliament in April 2022. Taking into account the difficult situation in the country and recalling that the absence of a clear and comprehensive legislative framework may prevent workers from availing themselves of their right to equal opportunity and treatment and non-discrimination, the Committee asks the Government to take steps to ensure that, in the framework of the current labour law reform, the Labour Act of 2006 is amended or the Anti-Discrimination Bill, 2022, is adopted with a view to: (i) prohibiting direct and indirect discrimination based on at least all of the grounds enumerated in Article 1(1)(a) of the Convention, with respect to all stages of employment and occupation, including recruitment; and (ii) covering all categories of workers, in both the formal and informal economy, including domestic workers. The Committee asks the Government to provide information on any progress made in this regard, as well as a copy of any new legislation, including the 2022 Amendment to the Labour Rules 2015. It further asks the Government to ensure the protection of men and women workers against discrimination in employment and occupation in practice, and particularly the categories of workers excluded from the scope of the Labour Act.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee notes the Government’s statement that section 332 of the Labour Act prohibits any kind of behaviour that is “indecent” or “repugnant to the modesty or honour” towards a working woman irrespective of her rank or status. The Committee notes from the National Review Report for Beijing +25 (2019), that with the increased participation of women in economic activities, workplace harassment has also become evident in many places and needs urgent prevention. In this regard, it notes with interestthatthe National Action Plan to Prevent Violence Against Women and Children (2018–2025) provides for a wide definition of sexual harassment which includes both quid pro quo and hostile environment sexual harassment. The Committee notes however that section 332 of the Labour Act and the Domestic Worker’s Protection and Welfare Policy, 2015, do not contain such a comprehensive definition of all forms of sexual harassment. The Committee considers that without a clear definition and prohibition of both quid pro quo and hostile work environment sexual harassment, it remains doubtful whether the legislation effectively addresses all forms of sexual harassment and that the scope of the protection against sexual harassment should cover all employees both male and female, with respect not only to employment and occupation, but also vocational education and training, access to employment and conditions of employment (see 2012 General Survey on the fundamental Conventions, paragraphs 789, 791 and 793). The Committee asks the Government to take steps to ensure that: (i) a comprehensive definition and a clear prohibition of all forms of sexual harassment, including quid pro quo and hostile work environment sexual harassment, in employment and occupation is included in the Labour Act and/or the Ant-Discrimination Bill and covers all workers, both women and men; (ii) preventive measures are taken, including awareness-raising initiatives on the social stigma attached to sexual harassment, in cooperation with workers’ and employers’ organizations; and (iii) procedures and remedies are established. The Committee also asks the Government to provide information on the number, nature and outcome of any complaints or cases of sexual harassment in education, training and employment and occupation dealt with by labour inspectors, the courts or any other competent authority,

Articles 2 and 3. Equality of opportunity and treatment for men and women. With regard to the promotion of non-traditional fields of study and occupations for women and girls and the reduction of the number of girls dropping out of school early, the Committee notes the Government’s indication that: (1) primary and secondary education is free for girls and they are provided a stipend for higher studies; (2) in technical and vocational education, institutes have been established for women only; (3) the number of places reserved for women in technical and vocational institutes increased from 10 per cent to 20 per cent during the reporting period; and (4) extensive training, job creation, labour market participation promotion and small and medium-sized enterprise support services for women have been undertaken. The Committee further notes that the Department of Inspection for Factories and Establishments (DIFE) has started a project entitled Gender Equality and Women’s Empowerment at the Workplace, which includes training, advocacy programmes and policy. The Government also indicates that it is maintaining quotas in public sector employment, but the Committee notes that it has not reported on results achieved or how such quotas are implemented. The Committee notes the indication by the UT-ILS Committee that women are discriminated against and that it has provided examples of discriminatory job advertisements allowing only male applicants. It further notes the UT-ILS Committee’s indication that: (1) the society is patriarchal in nature, and women feel less safe in performing certain jobs outside; (2) there is a problem with ensuring equality in women’s employment, and there are still barriers for women in obtaining jobs in certain sectors and certain ranks (namely, managerial positions and mid-level management). The union adds that, while the activities of the Government to promote women’s employment are appreciated: (1) the scope of this promotion should be widened; (2) the quota in the public sector is being applied and is having positive social impacts; and (3) the Government needs to ensure that the affirmative action policy that it has developed is applicable to the private sector as well. The Committee asks the Government to step up its efforts to: (i) address legal and practical obstacles to women’s employment, including patriarchal attitudes and gender stereotypes regarding their aspirations and capabilities, and their lack of access to productive resources; (ii) enhance women’s economic empowerment and promote their access to equal opportunities in formal employment and decision-making positions; and (iii) encourage girls and women to choose non-traditional fields of study and occupations while reducing the number of girls dropping out of school early. The Committee asks the Government to provide information on: (i) the content and implementation of the DIFE project on Gender Equality and Women’s Empowerment at the Workplace, and its impact on women’s employment; (ii) the implementation and results of the quotas in public employment (15 per cent) and primary school teaching (60 per cent); and (iii) the participation of men and women in education, training, employment and occupation, disaggregated by occupational category, if possible, in both the public and private sectors, as well as the informal economy.

Domestic workers. The Committee recalls that the Labour Act, 2006, excludes domestic workers from its scope of application. It notes the TU-ILS Committee’s indication that: (1) discussions on including domestic workers within the scope of law are ongoing; (2) the Government has established a committee called the “Central Monitoring Cell on Domestic Workers’ Protection and Welfare Policy” which includes representatives of the Ministry of Labour, workers’ and employers’ organizations and civil society; and (3) there is only limited training for domestic workers within the country and there are not enough organizations and opportunities for skills development for domestic workers. The Committee notes the Government’s indication that the Domestic Workers Protection and Welfare Policy, 2015, gives effect to the principle of equal rights and basic human rights for all citizens as enshrined in the Constitution. It notes, however, that the provisions of the policy do not provide domestic workers with the same protections as enshrined in the Labour Act 2006, and that the High Court, in a ruling of August 2022, deemed that the policy had so far failed to frame “proper and complete guidelines” to protect domestic workers. The Committee further notes that the policy does not prohibit direct and indirect discrimination on at least all of the grounds enumerated in Article 1(1)(a) of the Convention and does not cover both the formal and informal economy. The Committee once again recalls that all categories of workers, including domestic workers, should enjoy equality of opportunity and treatment irrespective of race, colour, sex, religion, political opinion, national extraction or social origin, in all aspects of employment (see 2012 General Survey on the fundamental Conventions, paragraph 778). In addition, the Committee notes from the Beijing +25 report that some 90 per cent of domestic workers are women and domestic workers are a category facing gender-based violence. The Committee recalls the 2016 concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) which highlighted the difficult situation of women domestic workers in the country and expressed concern that women domestic workers are subject to violence, abuse, food deprivation and murder; that such crimes go unreported; and that the victims have limited access to justice and redress (CEDAW/C/BGD/CO/8, 25 November 2016, paragraph 32). The Committee asks the Government to take the necessary steps to enact the Domestic Workers Protection and Welfare Policy, 2015, into law and include therein provisions defining and prohibiting direct and indirect discrimination based on at least all of the grounds enumerated in the Convention in all aspects of employment and occupation. In the meantime, it asks the Government to ensure that: (i) the policy is effectively implemented; (ii) domestic workers are protected, in practice, against any form of discrimination in employment and occupation, including all forms of sexual harassment; (iii) they enjoy full equality of opportunity and treatment with other categories of workers covered by the Labour Act; and (iv) they have effective access to procedures for redress and remedies. The Committee asks the Government to provide information on: (i) the work of the Central Monitoring Cell on Domestic Workers’ Protection and the Welfare Policy regarding non-discrimination and equality, including stereotypes and prejudices; and (ii) the number, nature and outcome of complaints of discrimination filed by domestic workers, disaggregated by sex, race, national extraction and social origin.

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