Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Equality of opportunity and treatment of indigenous peoples. The Committee notes the brief statement of the Government that the Ministry of Chittagong Hill Tracts Affairs has been implementing promotional activities for indigenous peoples in the Chittagong Hill Tracts region. The Committee notes the ILO project on Building Capacities on Indigenous and Tribal People’s Issues in Bangladesh: Rights and Good Practices, and the study entitled “the ILO Convention on Indigenous and Tribal Populations, 1957 (No. 107) and the laws of Bangladesh: A comparative study” (2009). It also notes that the Ministry of Chittagong Hill Tracts Affairs is actively involved in implementing the ILO project. Further, it notes the positive actions planned in the “Steps towards Change: National Strategy for Accelerated Poverty Reduction II, FY 2009–11” with regard to economic empowerment of the 45 indigenous communities. The Committee requests the Government to provide full and detailed information on the measures taken to promote and ensure equality of opportunity in employment and occupation of male and female indigenous peoples in the Chittagong Hill Tracts regions, as well as in the other parts of the country, and the results achieved.

Articles 2 and 3. Equality of opportunity and treatment irrespective of social origin. The Committee notes the very general statement of the Government that all disadvantaged groups are enjoying equal opportunity and treatment and that everybody belonging to disadvantaged groups has equal opportunity with respect to access to education, training and employment. The Committee notes that the National Strategy for Accelerated Poverty Reduction II, 2009–11 acknowledged that “there are some disadvantaged and stigmatized groups (such as dhopa, muchi, napit and other traditional low-caste people) who are subject to social injustice and are marginalized” and provides for some action to ensure their participation in socio-economic activities and protect their human rights. The Committee recalls that under the Convention, the Government is required to take active measures to promote equality of opportunity and treatment in employment and occupation with a view to eliminating discrimination on the basis of all the grounds of the Convention, including social origin, and to provide information on the results secured by such action (Article 3(f) of the Convention). The Committee therefore urges the Government to provide detailed information on the specific measures taken to promote increased access to education, training and employment of persons belonging to disadvantaged groups, including through the implementing of the National Strategy on Accelerating Poverty Reduction II, 2009–11.

Article 5. Special measures of protection. The Committee recalls its previous comments regarding sections 39, 40 and 42, read with section 87 of the Labour Act 2006, which it considers to be gender biased as regards the capabilities and aspirations of women. The Committee also recalls that section 40, excluding women from working at “any machine” except where appropriate instructions and training have been provided, may have the effect of excluding women from work opportunities in contradiction with the principle of non‑discrimination. Noting the Government’s statement that sections 39, 40, 42 and 87 will be submitted to the tripartite labour law review committee with a view to making the necessary amendments, the Committee requests the Government to ensure that the new legislation reflects gender equality, and that any measures of protection applying to women’s employment are strictly limited to maternity protection.

Part III of the report form. Labour inspection. The Committee notes that the Government is considering including the issue of non-discrimination and equality in training modules for labour inspectors. The Committee requests the Government to provide information on the number of labour inspectors being trained on non-discrimination and equality, and the results secured through such training.