Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

The Committee recalls its previous observation which addressed three issues:

(1)   the absence of a legislative ban on discrimination and the importance of including such a prohibition in the Labour Act in conformity with the Convention;

(2)   the need for the Government to provide full information on the specific action taken to eliminate discrimination against women and to promote equality in respect of their access to education, including vocational training, as well as their equal access to employment and the widest range of occupations and sectors; and

(3)   the need for the Government urgently to take active measures to address the issue of sexual harassment at work through appropriate laws, policies and mechanisms.

The Committee also notes the discussion of the application of the Convention by Bangladesh that took place during the 96th Session of the International Labour Conference in June 2007.

Articles 1 and 2 of the Convention. Prohibition of discrimination. The Conference Committee in 2007 expressed the firm hope that in the revision of the labour legislation, provisions specifically prohibiting discrimination in employment and occupation had been adopted. The Committee has now obtained a translation of the Labour Act 2006 and regrets to note that it does not contain a prohibition of discrimination in employment and occupation based on all the grounds listed in Article 1(1)(a) of the Convention and with respect to all aspects of employment and occupation as defined in Article 1(3), i.e. access to vocational training, access to employment and to particular occupations, and terms and conditions of employment, including advancement and promotion. The Committee also notes that the Labour Act does not apply to a number of categories of workers, including domestic workers. Considering that legal provisions prohibiting discrimination in accordance with Article 1 of the Convention and their enforcement are essential for ensuring progress in the elimination of discrimination in employment and occupation, the Committee requests the Government to take measures to introduce such provisions, and to provide information in this regard. It also asks the Government to indicate how it ensures the protection of men and women against discrimination in employment and occupation in practice, including those excluded from the scope of the Labour Code.

Gender equality in employment and occupation. The Committee recalls that in June 2007, the Conference Committee observed that serious gender-based inequalities continued to prevail in the labour market. It called on the Government to take active measures to ensure that women have a real choice of a wider range of jobs and occupations, including through broadening their educational and employment opportunities. In its brief report, the Government asserts that it had taken measures to promote laws and ensure practices respecting the principle of equality of opportunity and treatment in employment and occupation. Although the Conference Committee had requested specific information, the Government’s report makes general reference to some programmes in this regard. According to the Government, women have entered the public service and benefited from training and education programmes. The Government has not provided any data in this regard, except an indication that the Ministry of Labour and Employment was currently building two new vocational training centres for women. The Government also highlights the high level of women employed in some sectors of the economy, such as the garment sector and primary education.

The Committee notes that the information provided would not appear to indicate that appropriate steps are being taken to address the serious situation of women in employment and occupation. The Committee notes from the Key Findings of the Labour Force Survey 2005–06 published by the Bangladesh Bureau of Statistics, that the women’s labour force participation rate has increased from 23.9 per cent in 1999–2000 to 29.2 per cent in 2005–06. The data confirms that the rise in women’s labour participation was due to growth in a few female dominated sectors. While women’s employment opportunities particularly increased between 1999–2003 in health and community services, manufacturing and agriculture, increases between 2003–06 were mainly due to a drastic increase in women working in agriculture. There has also been a decrease of women working in the formal sector, whilst that of men has increased. In 2005–06, some 60.1 per cent of women in the labour force were unpaid family workers and unemployment among women was about twice that of men.

The Committee considers it of the utmost importance that the Government, in addition to enhancing women’s educational and training opportunities, actively addresses other root causes of gender inequality in the labour market, including gender-based discrimination in hiring and stereotypical views and behaviour that confine women to training and work which are considered as “suitable” for women. The Committee urges the Government to take effective measures to ensure that women have access, on an equal footing with men, to jobs in the public sector, including through the adoption and implementation of equality plans. It once again urges the Government to provide detailed information on the specific action taken to eliminate discrimination against women and to promote equality in respect of their access to education, including vocational training, as well as their equal access to employment and the widest range of occupations and sectors. The Committee requests the Government to provide full statistical information on the situation of men and women in the labour market, including the level of women’s employment at all levels of public service, and in education and training.

Sexual harassment. The Committee notes that section 332 of the new Labour Act prohibits behaviour in establishments that employ female workers “which may seem to be indecent or repugnant to the modesty and honour of the female worker”. Although this provision appears to include sexual harassment, it is unclear whether it covers all forms of sexual harassment as described in the Committee’s General Observation of 2002. The Committee considers that in the absence of a clear definition, it remains ambiguous as to what constitutes prohibited conduct under this provision, which undermines legal certainty and consequently effective enforcement. The Committee requests the Government to take further measures to clarify the prohibition of sexual harassment, including through the inclusion of an appropriate definition of sexual harassment at work in the legislation and the elaboration of practical guidelines or codes of conduct that further elaborate on the various forms of harassment. The Committee requests the Government to provide information on any measures envisaged or taken in this regard.

The Conference Committee requested the Government to provide specific information to the Committee on the impact of the existing legislation to prevent and address sexual harassment at work, as well as any other measures taken or envisaged in this regard, including information on the effectiveness of the dispute resolution mechanisms in place to address complaints of sexual harassment. The Committee regrets that the Government’s report contains no information in this regard. Recalling that the Government previously indicated that no allegations concerning sexual harassment at work had been received, the Committee urges the Government to consider implementing awareness-raising and training activities on sexual harassment targeting workers, employers and relevant public officials, such as labour inspectors, and requests the Government to report on any measures taken in this regard. Regarding the impact of the existing legislation, the Committee requests the Government to provide information on whether any cases of sexual harassment at work have been dealt with by the courts or labour inspectors under section 332 of the Labour Act or under section 10(2) of the Suppression of Violence Against Women and Children Act.

The Committee recalls that the Conference Committee urged the Government to accept an ILO High-level mission to assist with the effective application of the Convention in law and practice. The Committee considers that technical assistance continues to be necessary and hopes that an ILO mission could take place in the near future to assist the Government in its efforts to strengthen the Convention’s application.

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