<![CDATA[******************************************************************************
This document has been posted online by the Division for the Advancement of
Women, DPCSD. Reproduction and dissemination of the document - in electronic
and/or printed format - is encouraged, provided acknowledgement is made of the
role of the United Nations in making it available.
******************************************************************************
UNITED
NATIONS
Distr.
GENERAL
CEDAW/C/BGD/3-4
1 April 1997
ORIGINAL: ENGLISH
COMMITTEE ON THE ELIMINATION OF
DISCRIMINATION AGAINST WOMEN
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER
ARTICLE 18 OF THE CONVENTION ON THE ELIMINATION OF ALL
FORMS OF DISCRIMINATION AGAINST WOMEN
Third and fourth periodic reports of States parties
BANGLADESH*
* The present report is being issued as received, without formal
editing. For the initial report submitted by the Government of Bangladesh,
see CEDAW/C/5/34; for its consideration by the Committee, see CEDAW/C/SR.96,
97 and 99, and Official Records of the General Assembly, Forty-second Session,
Supplement No. 38 (A/42/38), paras. 503-572; for the second periodic report
submitted by the Government of Bangladesh, see CEDAW/C/13/Add.30; for its
consideration by the Committee, see CEDAW/C/SR.220 and 227, and Official
Records of the General Assembly, Forty-eighth Session, Supplement No. 38
(A/48/38), paras. 248-326.
CONTENTS
Page
INTRODUCTION ...........................................................8
I. BACKGROUND FRAMEWORK .............................................9
1.1 Country Profile/Background ............................... 9
1.2 Status of Women in Bangladesh ............................11
1.3 General Legal Framework Within Which Legal Rights are
Protected ................................................19
1.4 National Machineries .....................................20
1.5 Information and Publicity ................................21
1.6 Remaining Obstacles Encountered by Women .................22
II. PROGRESS REPORT ON ARTICLES TWO TO SIXTEEN OF THE CONVENTION .....23
2.1 Obligation to Eliminate Discrimination ...................23
2.2 The Development and Advancement of Women .................27
2.3 Temporary Special Measures ...............................28
2.4 Sex Roles and Stereotyping ...............................32
2.5 Suppression of the Exploitation of Women .................35
2.6 Elimination of Discrimination Against Women in Political
and Public Life ..........................................38
2.7 Equal Opportunity for International Representation and
Participation ............................................43
2.8 Equal Rights with Regard to Nationality ..................43
2.9 Equal Rights in the Field of Education ...................44
2.10 Equal Employment and Training Opportunities ..............51
2.11 Equality of Access to Health Care ........................59
2.12 Equal Rights With Regard to Economic and Social Benefits .65
2.13 Particular Problems Faced by Rural Women .................67
CONTENTS (continued)
Page
2.14 Equality Before the Law and in Civil Matters .............75
2.15 Equality in Marriage and Family Law ......................77
III. MEASURES TAKEN TO IMPLEMENT THE BEIJING PLATFORM FOR ACTION ......85
3.1 Drafting of a National Action Plan .......................85
3.2 Goals and Strategies of the National Action Plan .........86
3.3 Other Initiatives Taken ..................................90
3.4 NGO Follow-up to the Beijing Conference ..................90
List of tables
Table 1: Number of Educational Institutions for Boys and Girls,
Students and Teachers by Sex ................................13
Table 2: Situation of Women in Direct Elections ......................39
Table 3: Women's Participation at Ministerial Levels (1972-1990) .....40
Table 4: Women and Men in Public Sector/Government Service in Various
Service Categories ..........................................42
Table 5: Number of Civil Officers and Staff in the Secretariat,
Departments and Autonomous Bodies and Number of Female
Employees by Category (as of 1 January 1993) ................42
Table 6: Enrolment by Sex and Percentage of Female Teachers (1990-95)
in Mainstream Primary Education .............................45
Table 7: Enrolment in Secondary Schools by Sex and Management, 1990-9445
Table 8: Basic Statistics of Higher Education and Universities 1990-9446
Table 9: Labour Force Participation in Various Surveys ...............52
Table 10: Employed Persons 15 Years and Over by Major Industry and Sex 55
Table 11: Percent Distribution of Workers by Weekly Income, Gender
and Locality ................................................56
Table 12: Employed Population 10 Years and Above by Employment Status .58
Table 13: Indicators of Health and Family Planning Sector .............59
CONTENTS (continued)
Page
Table 14: MCH-FP Goals and Achievements ...............................62
Table 15: Number of VGD Women in Union Parishad VGD Sub-project 1989-90
to 1994-95 ..................................................69
ANNEXURE - A ...........................................................91
REFERENCES ............................................................. 92
ABBREVIATIONS
AIDS Acquired Immune Deficiency Syndrome
ADAB Association of Development Agencies in Bangladesh
ASA Association for Social Advancement
ASSP Agriculture Support Services Project
BANBEIS Bangladesh Bureau of Educational Information and Statistics
BBS Bangladesh Bureau of Statistics
BGMEA Bangladesh Garment Manufactures and Exporters Association
BRAC Bangladesh Rural Advancement Committee
BRDB Bangladesh Rural Development Board
BJMS Bangladesh Jatiyo Mohila Sangstha
BSCIC Bangladesh Small and Cottage Industries Corporation
CBR Crude Birth Rate
CDR Crude Death Rate
CDP Crop Diversification Programme
CPR Contraceptive Prevalence Rate
DWA Department of Women Affairs
GNP Gross National Product
HPSS Health and Population Sector Strategies
HSC Higher Secondary Certificate
HIV Human Immune Deficiency Virus
ILO International Labour Organisation
IMR Infant Mortality Rate
ICPD International Conference on Population and Development
LFS Labour Force Survey
MCH Maternity and Child Health
MOWCA Ministry of Women and Children Affairs
MMR Maternal Mortality Rate
NAP National Action Plan
NRR Net Reproductive Rate
NCWD National Council for Women Development
PFA Platform for Action
PKSF Palli Karma Shahayak Foundation
SAARC South Asian Association for Regional Cooperation
STD Sexually Transmitted Disease
SSC Secondary School Certificate
THC Thana Health Centre
TFR Total Fertility Rate
UNICEF United Nations International Children Emergency Fund
VGDP Vulnerable Group Development Programme
WID Women in Development
WEDP Women's Entrepreneurship Development Programme
WFP World Food Programme
GLOSSARY
CHOWKIDAR Village Security guard
MADRASHA Educational Institution with special emphasis on
religion
SATELLITE CLINIC Mobile temporary medical clinic at village level
for mother and child care
SHALISH Local level mediation body
STRIDHAN The property given to a woman from her family at
the time of her marriage
UNANI and AYURVEDI MEDICINE Traditional Herbal Medicine
UNION PARISHAD Lowest tier of Local Government
COMBINED THIRD AND FOURTH PERIODIC REPORT ON ELIMINATION OF
DISCRIMINATION AGAINST WOMEN IN BANGLADESH
(SUBMITTED TO UN CEDAW)
INTRODUCTION:
1. This report is a combination of the Third and Fourth Periodic Report of
Bangladesh CEDAW/C/BGD/3. The Third Periodic Report submitted on 8 April 1993
for consideration by the Committee on the Elimination of All Forms of
Discrimination Against Women has been updated and placed as the Combined Third
and Fourth Periodic Report. This report covers the period from 1990 to 1996
and highlights the developments in each area covered by the Convention during
the period. The report consists of three main parts.
2. The first part provides information on the current socio-economic and the
political situation in the country resulting from the growing consciousness of
women's issues including the latest available data to evaluate the current
status of women.
3. The second part provides specific information relating to Article 2 to 16
of the Convention with emphasis on newly adopted legal measures, new policies
and programmes to promote the elimination of discrimination against women as
well as remaining obstacles to women's participation on an equal basis with
men in all spheres of life. Information on reservations made by Bangladesh on
Articles 2, 13(a) and 16.1(a) and 16.1(f) is provided when the relevant
articles are discussed.
4. Part three of the report provides information on measures taken to
implement the twelve critical areas of concern of the Beijing Platform For
Action.
PART I. BACKGROUND FRAME WORK
1.1 Country Profile/Background:
1.1.1 Area, Geography and Population:
The People's Republic of Bangladesh is situated in the northern tropical zone
between 23-27 degree North latitude and 88-92 degree East longitude and has a
territory of about 147,570 square kilometres. It is the largest deltaic plain
of the world with a 400 mile long coast. The country, which is predominantly
rural frequently suffers from calamities like flood, cyclone, drought, tidal
waves, etc.
Bangladesh has a population of about 120 million, nearly 88 percent of whom
are Muslim. About 80 percent of the population lives in rural areas. It is one
of the most densely populated, countries of the world with a population
density of 755 per sq.km. The crude birth rate of 26.9 and crude death rate of
8.5 result in a natural growth rate of 1.9. About 16 percent of the population
is under 5 years of age (16.15 percent males and 16.78 percent females) of age
and 45.15 percent under 15 (45.32 percent males and 44.96 percent females)
according to the 1991 Census. The population over 65 years of age is 3.23
percent (3.62 percent males and 2.81 percent females). The dependency ratio of
1.02 creates pressure not only for mother and child health care but for
pre-school care and on the entire family structure and is also a burden on the
economy. Life expectancy at birth is 58 years for females and 58.9 years for
males. Infant mortality rate was 78 per 1000 in 1995 (1). About 48.5 percent
of the total population are women and the sex ratio of men to women is 106
according to Population Census of 1991.
Various tribal groups make up less than 1 percent of the population. They are
located mainly in the Northern-Eastern and South-Eastern hilly regions of the
country. They are constitutionally guaranteed equal rights and each tribe has
its own religion and culture. Some of these groups are Buddhists and converted
Christians. About 0.3 percent of the total population follows various tribal
religions.
Bengali is the state language and all citizens speak Bangla except for the
tribal groups who have their own languages.
The annual average labour force growth rate is 2.9 percent. The economy being
unable to absorb the growing labour force faces tremendous unemployment
problems. In 1995/96, 56 million persons i.e. almost half of the total
population was in the labour force. The rapid population growth and young age
structure (45 percent under 15 years) are key elements to explain Bangladesh's
socio-economic situation and the prevalence of poverty.
1.1.2 Economic Transition:
The economy is predominantly dependent on agriculture. In recent years the
industrial and manufacturing sectors have been growing especially through
increasing self-employment, and the growth in the service and micro level
manufacturing sectors. Yet the growth rate in the industrial sector is only
5.2. The contribution of agriculture, industry and the manufacturing sectors
to the gross domestic product was 30 percent, 18 percent and 10 percent
respectively in 1993/94(2). Manufacturing service units of the modern and
organized sectors are to be found mostly in the urban areas. During recent
years reforms such as reduction of control over investment; denationalization
and privatization of public enterprises; liberalization of trade and tariff;
and creation of congenial environment for private investment have contributed
to the economic transition. These have helped in the growth of some export
oriented manufacturing industries such as garments and shrimp which have
employed women as a source of cheap labour.
In 1994/95 the per capita gross national product (GNP) was Taka 9,760 (US$
232), the annual average inflation rate 8.6 and total external debt 13,879
million US Dollars. Due to high imports, negative balance of payments have
existed every year in exports and imports. However, increased employment of
labourers abroad in recent years has contributed to adjust the negative
balance of payments with worker's remittances resulting in a positive net
balance. This coupled with domestic resource mobilization has enabled the
government to finance over one third of the development budget from its own
resources during the last four years.
About 48 percent of the rural and 44 percent of the urban population live
below the absolute poverty line as defined by WHO/FAO Expert Group for South
East Asia. Though actual data on land ownership is scarce, studies have shown
that landlessness is increasing every year, resulting in unemployment. Rural
to urban migration in search of jobs has become a common phenomenon, creating
social and economic imbalances. Analysis of rural poverty trends show that the
proportion of people living in poverty fell from 57.5 percent in 1984 to 51.7
percent in 1994. Moderate poverty declined from 31.7 percent in 1987 to 29.2
percent in 1994 and extreme poverty declined from 25.8 percent to 22.5 percent
during this period. Yet the degree of income inequality remains unchanged (3).
Micro-studies and labour force surveys indicate that the growth of rural
non-farm sector has accelerated in recent years and has absorbed a part of
the growing landless labour force and helped reduce poverty. About a third of
the labour force work in the non-farm sector and half of them are employees or
day labourers. Growth of income in farming has been nil and rural household
income grew mainly in service, trade and non-crop agriculture. Employment in
these areas is increasing.
Food consumption has grown and per capita cereal, meat, and fish consumption
has increased during the last decade owing to a marked increase in food
production through the use of modern technology in agriculture, and as a
result of productive self-employment programmes and import liberalization of
food items. Cereal import was reduced from 2194 thousand tons in 1980 to 1175
thousand tons in 1993. Food aid in cereals has been reduced from 1480 thousand
tons in 1980 to 719 thousand tons in 1993 (4).
1.1.3 General Political Structure:
Bangladesh emerged as a sovereign country after a nine month independence
struggle against Pakistan. The legal and administrative processes are based
on its Constitution. The country reverted back to a Parliamentary form of
government headed by a Prime-Minister in 1991. Elected representatives are
responsible for two main areas of state intervention: policy making at the
national level and local level development. Policy making and legislation are
functions of the Parliament while local level development is carried out
through local autonomous bodies. The lowest unit of local government is the
Union Parishad run by public representatives. The country is administratively
divided into 6 divisions consisting of 64 districts. The districts are also
divided into several thanas (sub-districts) with 460 thanas in all. Districts
are the main administrative units. The executive responsibilities of these
administrative units are carried out by the civil servants.
Since 1991, the country has held three Parliamentary elections and one local
government election. The city and municipal corporation elections were held in
1993.
1.2 Status of Women in Bangladesh:
1.2.1 Socio-Cultural:
Bangladesh is one of the seven countries in the world where the number of men
exceeds the number of women. According to various indicators the status of
women in Bangladesh is much lower than that of men. Traditional cultural,
social and religious values and practices have reinforced the lower status of
women accorded to them in society and have limited their opportunities for
education, technical and vocational training, employment and participation in
the overall development process.
Socio-economic changes triggered by increasing rates of landlessness and
impoverishment have had a profound impact on women's lives. While poverty
affects the household as a whole the women bear a disproportionate burden
attempting to manage household production and consumption under conditions of
increasing scarcity. Greater numbers of women than men are among the poor. The
Poverty Trend Analysis in 62 villages found that 76 percent of women fell
under the category "poor" in terms of income and resource endowments. Women
are discriminated against in intra-household allocation of resources as well,
in terms of food, education and health care.
Though women play a major role in the functioning of the household and the
economy, they are generally not seen outside the domestic sphere. National
statistics have not been able to account for their contribution in the form of
domestic work and unpaid labour in family ventures. Although households
headed by men are the norm national statistics show that about 8 percent of
households are headed by women in Bangladesh. The percentage of de-jure and
de-facto female headed household is increasing particularly among the poorest
section of the rural population due to male out migration, desertion and
divorce, to mention only a few causes. The actual number of female managed
households is likely to be much higher than officially reported, nearly 30
percent. The income distribution is more skewed among women headed households
and the bottom 20-30 percent of women headed households are among
the poorest in Bangladesh (5).
Over the last two decades women have gradually become more visible in the
labour force, in development programmes and local institutions. It is worth
mentioning that participation rate of females in the labour force is
increasing at a faster rate than that of males. Women's role as productive
agents whose contribution is crucial to attain a certain standard of living
for the family is increasingly being recognized. In addition, the measurement
of women's economic activities has been modified to better capture their
contribution, as a result of which their participation rates are higher than
before.
However, women's role should not be conceived in economic terms only. Their
status and position should be considered in terms of education, training and
job opportunities, income, employment, assets, health, and the role they play
in the family and in society. These characteristics are crucial in determining
the amount of political power and social prestige a woman is accorded and thus
the extent to which she can influence decision-making within the home and in
the community.
1.2.2 Education:
The overall literacy rate of the population (7 years and above) is 32.4 (6).
The rate is 38.9 for males compared to 25.5 for females. Male children are
still sent to school more frequently and parents are still more likely to
spend more on their books made and education than that of girls as it is
thought to be an investment in the case of boys who are expected to look after
their parents financially in old age. Education for girls is considered as
less useful as they are expected to get married and leave their families
behind. Among rural households only one fourth of total educational expenses
are for girls. Though the enrolment rate for girls has increased significantly
to 78 percent, against 88.9 percent for boys (7), the drop out rate continues
to be high. At the primary level completion rate has increased to 60 percent
for both boys and girls but it is lower for girls at higher levels. At higher
secondary level women's participation reached 25 percent of the total in 1994.
At the university level 25 percent students and 14 percent of the teachers are
women as of 1994/95. The proportion of women students is significantly less in
technical disciplines such as agriculture and engineering which are considered
as men's domain. In the technical universities only 9 percent students are
women (8).
Table 1: Number of Educational Institutions for Boys and Girls, Students and
Teachers by Sex:
Level No. of Schools Students Teachers
Girls Boys Girls Boys Girls Boys
Primary 1.2 98.8 45.4 54.6 20.0 79.6
Secondary 14.3 85.7 25.1 74.9 74.9 85.7
1.2.3 Health and Nutrition:
In Bangladesh, due to overall poverty health care receives inadequate resource
allocations. At household level too, poverty results in limited expenditure on
health care. Women are more disadvantaged than man in terms of access to
health care and the quality of nutrition and health care received. Life
expectancy is lower by almost a year for women. This is contrary to the norm
in other countries where women tend to live longer than men. The household
allocation for medical care for women is much lower than that of men (Tk. 18.8
and 24 respectively for women and men in rural areas) (9). Women family
members are less likely to receive modern medical care and tend to receive
traditional types of care instead. A recent study has found that adult men
make up the largest single group to be admitted in hospitals followed by boys.
Only 14 percent of births are attended by trained personnel. According to the
approach adopted by the health services women's health care is often
restricted to their reproductive health and general health of women of all
ages is neglected.
The nutritional status of girl children, especially of rural girls, is worse
than for boys. More than 12 percent of children between the ages of one to
five suffer from acute malnutrition as measured by mid-upper arm
circumference. For boys the rate is of 11.9 and for girls it is of 13.3 (as of
1992). The prevalence rate for boys in urban areas is 6.5 percent and for
girls 10.2 percent. The prevalence rate for boys in rural areas is 12.6
percent for girls 13.7 percent. Biases in parental care, feeding patterns,
intra familial food distribution and treatment of illness are all in favour of
males. As a result, girl child mortality, malnutrition, morbidity and maternal
mortality are high. Women are married at a much lower age than men with an
average age gap of 8 years, and the incidence of marriage is highest among
women aged 10-19 years. Forty nine percent women in the age group of 15-19 are
married. Women's long child bearing span with the first birth at the age of 18
and high birth rate within an average of 4.5 living children aggravates
women's nutritional status which is already poor due to inadequate food
intake. Studies show that irrespective of income level a large percentage of
women suffer from low body weight and height. This contributes to a cycle of
high maternal mortality with an MMR of 459 per 100,000, malnutrition and low
birth weight babies leading to infant mortality. The Infant Mortality Rate has
been reduced from 190/1900 live births in 1080 to 78/1000 at present.
The health situation of urban women is worse than that of women in the rural
areas. The urban population living in the slum areas do not have adequate
sanitation, water and health facilities which results in poor health. Women
and children are the worse sufferers in these places. The increase in
rural-urban migration, unemployment and other factors have led to increased
health risks for women including vulnerability to STD/HIV/AIDS.
1.2.4 Population Control and Family Planning:
In the last twenty years Bangladesh has achieved a great deal in this area.
Total Fertility Rate (TFR) has fallen to 3.4 with 49 percent of the total
population in the reproductive age group. Average age at marriage has
increased from 13.5 years in the seventies to 19.9. Contraceptive Prevalence
Rate (CPR) has increased to 45 percent. The Planning Commission projections
show a population of 137.3 million by the year 2000. However in spite of the
considerable achievements of the country various problems still persist. Early
age at marriage, lack of opportunities for female education and employment,
infant and child mortality rates which are still unacceptably high, and
malnutrition persistently influence the high fertility and maternal mortality
rates in Bangladesh. The contraceptive prevalence rate has increased to 45
percent.
1.2.5 Employment:
As regards employment, women in Bangladesh are far behind men. Nearly 43
percent women are involved in agricultural activities but 70 percent of them
work as unpaid family labour. The 1991 census indicated that 11 percent of all
women were economically active. Labour force participation rates for females
stood at 9.9 and 14.1 percent in the Labour Force Surveys (LFS) of 1985-86 and
1990-91 respectively. The use of an extended definition of labour force
activities which included a number of expenditure saving activities carried
out by women resulted in their participation rate increasing to 61.6, 58.2 and
50.6 in the LFS of 1989. 1990-91 and 1995/96 respectively (10).
The trends of increasing landlessness and growing numbers of female headed
households have subjected women to serious economic pressures. Gradual changes
in attitude towards working women are also becoming apparent. An estimated 8
million women, of whom 40 percent live in rural areas, are seeking employment.
The 1995/96 LFS found that 78.8 percent of the women who participated in the
labour force were involved in the agriculture and fisheries sectors. Forty
percent of the employed women work as unpaid family helpers, 18 percent as day
labourers, 25.3 percent as employees and 22.3 percent are self-employed (See
Table 12).
Women work harder and longer hours than men. Women's working days range from
14 to 15 hours including child rearing and household management. Women's
participation in formal sector employment was negligible until the recent
past. Women who were working outside the home were mostly engaged in teaching,
medicine and nursing. Due to quota provisions at the entry level, women's
participation rate in the public sector has increased to some extent. However,
women fill only about 7 percent of the officer ranks, about 10 percent staff
positions and only 5 percent at the low level worker positions and they
constitute only 9 percent of the total employees. There are still very few at
the management or policy making levels. Around 14.14 percent of total
recruits into the public service have been women in the last five years.
Women's participation in the industrial sector is largest in the construction
industry where many work as manual labourers. In the manufacturing sector, the
export oriented industries such as electronics, garments and shrimp processing
have attracted women. Rural to urban migration of women in search of jobs is a
recent phenomenon. Local textiles, shoes, cosmetics and such other consumable
production units have also employed women. The garment manufacturing
sub-sector is the largest employer of women. More than three hundred thousand
women work in about 2000 garment units and they constitute over 90 percent of
the total labour force of the sector.
Women's economic participation is greater in the non-formal sector and has
increased substantially due to the success of self-employment generating
credit programmes run by the government and NGOs. During the last decade
women's participation in the banking sector, various offices, NGOs and
business concerns has also increased substantially.
1.2.6 Women in Development Plans:
Women are considered as a distinct target group by the national development
plans. The empowerment of women has been emphasized in the latest plans.
Among the previous plans, the First Five Year Plan(1973-78) emphasized a
welfare oriented approach and focused on the rehabilitation of war affected
women and children. Population control was the most important area in which
women were considered as beneficiaries. However, their productive role was not
emphasized. The Two Year Plan(1978-80) was characterized by a move from
welfare to development oriented efforts. Women's development was taken as a
central focus. The Second Five Year Plan(1980-85) emphasized undertaking more
dynamic and diversified programmes. The major objective was to create an
atmosphere for making women's participation in development activities
increasingly positive through expanding opportunities for specialized
training, skill development, credit and entrepreneurship development
programmes. The Third Five Year Plan( 1985-90) built upon the previous plan
activities. To achieve the overall integration of women in the development
process the Plan had specific objectives to reduce imbalances between the
development of men and women.
Within the time span considered by the present report, the Fourth Five Year
Plan (FFYP 1990- 95) (11) had as objectives the acceleration of economic
growth; poverty alleviation and increasing self reliance. The strategies
included integration of sector based planning with group based planning and
mainstreaming of women to reduce gender disparities. Development policies
with regard to women were placed within the context of a macro economic
framework for a multi-sectoral thrust. The Plan emphasized the development of
poor and disadvantaged women. Special attention was given to increased
opportunities for income generation, access to institutional credit and
organization building for participation in bottom-up planning. Women were
considered as direct beneficiaries as well as change agents in the development
process.
The Draft Participatory Perspective Plan (1995-2010) formulated in 1995,
though not yet approved as a Plan document, provides a statement of policy.
It sets the goal of eliminating all forms of discrimination against women by
empowering women and men as equal partners working towards equality,
development and peace. Women are to be integrated in the mainstream of
development. The targets include the following: the eradication of persistent
and increasing burden of poverty on women; equal access to education and
training for human resource development; equal access to health care services,
elimination of violence against women and girls; access to all forms of
productive activities and resources; equal sharing in power and decision
making; creation of strong mechanism to promote the advancement of women;
promotion of women's human rights; equality in access to, and participation
in, the media; equality in the family and society; involvement in
environmental protection and conservation; participation as beneficiaries and
agents in all sectors of development; participation in all national and
international bodies and fora; provision of skill training and credit for
self- employment; and survival, development and protection of the girl child.
The following are some of the specific targets :
* Increasing female literacy rate from 24 to 50 by the year 2000;
* Raising adult literacy rate to 62 per cent
* Increasing the enrolment of girls to 94 percent;
* Ensuring health for all women by the year 2000;
* Ensuring adequate nutrition for all women and girls;
* Increasing the share of women's employment from 8 to 30 percent by the
year 2000 both in national and foreign service jobs (12).
National Policy on Women's Advancement: In March 1997 a Policy on Women's
Advancement was declared by the Prime Minister which provides a comprehensive
framework for women's development in the country (see Section 2.2).
Fifth Five Year Plan(1997-2002 under formulation): The write up prepared by
the Ministry of Women and Children Affairs for the Fifth Five Year Plan
outlines a set of comprehensive measures to implement the National Policy for
Women's Advancement. The vision of the plan is to guarantee women equal access
to opportunities for the realization of the goals of equality, environmentally
and socially, sustainable development and people's participation (13).
The Goals and Objectives of WID during the Fifth Five Year Plan are to:
i) achieve equality between men and women in the sharing of power and
decision-making at all levels;
ii) raise awareness and to ensure establishment of women rights recognized
nationally and internationally;
iii) establish effective mechanisms with necessary resources and authority at
all levels to promote the development of women in all spheres of life;
iv) alleviate poverty and to ensure food security and minimal nutritional
requirement of 1,800 k-calorie per person per day for all with emphasis on
women;
v) promote economic self-reliance for women including access to economic
resources - land, capital and technology;
vi) mainstreaming women's concern in agriculture and rural development,
industry and commerce and also in the informal sector;
vii) ensure the visibility and recognition of women's work and to reduce the
gender gap in access to information, skill and knowledge about economic
opportunities;
viii)raise the rate of female participation in the active labour force
(employed) to bring it at par with man;
ix) raise literacy rate of women to about 50 percent and to complete primary
education by at least 80 percent of school age children;
x) increase women's full access through the life cycle to health and related
services under the goal "Health for All".
xi) eliminate all sorts of violence against women;
xii) eliminate trafficking of women and girl child;
xiii)ensure participation of women in national and international peace
negotiations;
xiv) recognize women's role and concern in environmental and natural resources
management;
xv) chalk out programmes in the mass media to reflect gender perspective and
to focus a positive image of women and girl child; and
xvi) to generate necessary complementary service facilities for the
development of women.
The strategies as adopted for the attainment of the objectives are poverty
alleviation, public expenditure to address the basic needs of women, support
for education, health and legal protection.
The strategic means to implement these include building institutional
structure from grassroots to national level, coordination between devleopment
policies and activities of various organizations and cooperation between the
government and NGOs.
1.3 General Legal Framework Within Which Legal Rights are Protected:
The Parliament and the Ministry of Law, Justice and Parliamentary Affairs are
responsible for enacting legal provisions and upholding human rights. The
judiciary is responsible for interpretation of laws and judgements and the law
enforcing agencies such as the Police are responsible for enforcing the
provisions. Individuals whose rights have been violated can seek redress from
the judiciary within the context of existing laws. Special tribunals and
courts such as labour courts, administrative tribunals, the Central Cell for
the Prevention of Oppression Against Women and Children, respond to specific
appeals that fall under their jurisdiction. Certain human rights are
protected by the Constitution and these have been elaborated in section 2.1.
Various provisions of the ILO Conventions have been integrated in the labour
laws.
In the past various laws have been formulated or amended to ensure equality
and protect women's rights. Among these the following may be mentioned:
a) The Muslim Family Laws Ordinance of 1961 which regulates personal matters
such as inheritance of property, marriage, divorce, guardianship and custody
of children, etc. It sets the minimum age of marriage at 18 for women and 21
for men.
b) The Dowry Prohibition Act of 1980 and its amendment in 1986 has made the
custom of dowry an offence, punishable by fine and imprisonment.
c) The Family Court Ordinance of 1985 has established family courts at the
district and than levels, to deal with cases relating to marriage and divorce,
restitution of conjugal rights, recovery of dower, maintenance and custody of
children. Provisions have been made for mediation and quick disposal of cases.
d) The Child Marriage Restraint Act of 1929 provides for a legal age of
marriage and punishment for anyone marrying before that age.
e) The Muslim Marriage and Divorce Registration Act of 1974 provides for the
documentation and registration of marriage contracts mentioning the amount of
dower.
1.4 National Machineries:
The following national machineries are in existence to further women's
advancement:
1.4.1 Ministry of Women and Children's Affairs:
The Women's Affairs Division which was created in 1976 and upgraded as the
Ministry of Women's Affairs in 1978 to deal with the development concerns of
women. Bangladesh is one of the few countries in the world having a full
fledged Ministry to work for women's advancement. The role of the Ministry
includes national policy formulation regarding women, implementation of
special programmes for women's development, dealing with matters relating to
women's legal and social rights, control and registration of women's
voluntary organizations and dealing with international organizations in the
field of women's development. The Ministry's role has been expanded to
coordinate the WID aspect of different sectors. Recently the Ministry has been
given added responsibility for the development and protection of children and
their rights.
1.4.2 National Council For Women's Development (NCWD):
A 44 member National Council for Women's Development (NCWD) has been
established consisting of Ministers and Secretaries from several line
Ministries, public representatives and eminent individuals with the Prime
Minister as Head of the Council.
The responsibilities of NCWD are as follows:
* To ensure women's participation in socio-economic development work, the
Council will formulate rules and regulations for the development work of
different Ministries, divisions and other agencies and coordinate them;
* The Council will formulate laws, and regulations to ensure women's legal
rights and development and to prevent of oppression against women;
* The Council will also take measures to preserve women's interests in all
areas in which women are active and ensure their participation and
advancement.
1.4.3 WID Focal Points in Different Ministries:
Since the Fourth Five Year Plan, all the sectors and Ministries are
responsible for incorporating women in development concerns into their
development programmes in order to mainstream women's development. Women in
Development (WID) Focal Points in 33 Ministries and agencies are responsible
for overseeing the concerns of women in the programmes of their respective
Ministries. They are responsible for formulating sectoral plans keeping in
mind gender concerns, preparing lists of priority projects for women for
inclusion in the annual development plans; reviewing and modifying ongoing
projects with a view to incorporating adequate gender concerns in the sectoral
programmes/projects; ensuring gender sensitive reporting system; collaborating
with other sectors and central agencies in order to achieve WID sectoral
goals; and monitoring and reporting on their sectoral activities and
constraints in achieving these goals.
1.4.4 Interministerial Coordination and Evaluation Committee:
The National Women's Advancement Policy envisages the establishment of an
Interministerial Coordination and Evaluation Committee headed by the Minister
for Women and Children's Affairs to monitor the progress of implementation of
sectoral WID plans and programmes and submit quarterly progress reports to the
NCWD. Various government and non-government women's development organizations
and Ministries with WID Focal Points, will be members of this committee.
1.4.5 Department of Women's Affairs:
The Directorate of Women's Affairs was established in 1976 and was upgraded in
1990 to the Department of Women's Affairs. It functions as the implementing
arm of the Ministry of Women and Children Affairs. It operates through its
head quarter and field based offices in order to implement the activities and
directives of the Ministry. Its activities include awareness raising on
women's rights and equality, vocational and technical training in various
areas, providing credit facilities and providing legal aid services to women.
1.4.6 Jatiya Mohila Shangstha (JMS):
Jatiya Mohila Shangstha (JMS) was created in 1976 as the apex national women's
organization to further the social, economic, educational and cultural
upliftment of women. It has undergone many changes with regard to its
activities and character since its inception. It was declared an autonomous
organization through an ordinance in 1991 and named as Jatiya Mohila
Shangstha. It works under the Ministry of Women and Children Affairs. The main
activities it has undertaken are skill development training in weaving,
handicrafts, tailoring and motivation for family planning, tree plantation,
sanitation and micro-credit operations in selected "Thanas" or Sub-Districts.
The programmes are conducted using government granted funds. A unit computer
training and a legal aid cell for women have been established.
1.5 Information and Publicity:
The Government is responsible for the dissemination of information on various
human rights instruments and the legal provisions on human rights that have
been ratified. Various NGOs and human rights groups also undertake specific
programmes for raising awareness on this among the public.
Efforts in this area have been limited and inadequate so far. Some instruments
such as The Convention on the Elimination of All Forms of Discrimination
Against Women, Child Rights Convention and the Human Rights Convention have
been translated into Bangla by the local UN Offices and NGOs for dissemination
among the public.
1.6 Remaining Obstacles Encountered by Women:
The Government of Bangladesh ratified the Convention on the Elimination of All
Forms of discriminations Against Women (CEDAW) excluding the Clauses 2, 13(a),
16 (1) (c) and (f) which relate to the personal rights of women such as
succession of property, marriage and divorce, guardianship over children etc.
The constitution guarantees equality between men and women in the public
sphere. Various discriminatory customs and practices persist, however, which
are gradually being addressed and removed through appropriate measures. The
present Government is committed to remove these discriminatory provisions. The
Constitution allows for Personal Laws in the private sphere which are in some
cases discriminatory against women. Unequal provisions in personal laws such
as in the case of inheritance, guardianship of children, marriage and divorce
contributes to their inferior social, economic political and legal status.
There are problems in implementing existing legal provisions due to women's,
as well as men's. ignorance about their legal rights. The substance as well as
application of laws puts women in a disadvantaged position with regard to men.
II. PROGRESS REPORT ON ARTICLES TWO TO SIXTEEN OF THE
CONVENTION
2.1 Article 2: Obligations to Eliminate Discrimination.
State Parties condemn discrimination against women in all its forms, agree to
pursue by all appropriate means and without delay a policy of eliminating
discrimination against women and, to this end, undertake:
(a) To embody the principle of the equality of men and women in their
national constitutions or other appropriate legislation if not yet
incorporated therein and to ensure, through law and other appropriate means,
the practical realization of this principle;
(b) To adopt progressive legislative and other measures, including
sanctions where appropriate, prohibiting discrimination against women;
(c) To establish legal protection of the rights of women on an equal
basis with men and to ensure through competent national tribunals and other
public institutions the effective protection of women against any act of
discrimination;
(d) To refrain from engaging in any act or practice of discrimination
against women and to ensure that public authorities and institutions shall act
in conformity with this obligation;
(e) To take all appropriate measures to eliminate discrimination against
women by any person, organization or enterprise;
(f) To take all appropriate measures, including legislation, to modify or
abolish existing laws, regulations, customs and practices which constitute
discrimination against women;
(g) To repeal all national penal provisions which constitute
discrimination against women.
2.1.1 Constitutional Provisions for Women:
The legal status of women in Bangladesh has been defined in the Constitution.
Article 27 States:
All citizens are equal before the law and are entitled to equal protection of
the law.
Article 28 of the Constitution States:
1) The state shall not discriminate against any citizen on grounds only of
religion, race, caste, sex or place of birth.
2) Women shall have equal rights with men in all spheres of the State and of
public life.
3) No citizen shall, on grounds only of religion, race, caste, sex or place
of birth, be subjected to any disability, liability, restriction or condition
with regard to access to any place of public entertainment or resort, or
admission to any educational institution.
4) Nothing in this Article shall prevent the State from making special
provision in favour of women and children or for the advancement of any
backward section of the population.
Article 26 of the Constitution States that:
1) All existing laws inconsistent with the fundamental rights shall, to the
extent of inconsistency, become void on the commencement of this Constitution.
2) The State shall not make any law inconsistent with any provisions of this
Part, and any law so made shall, to the extent of such inconsistency, become
void.
As citizens, women also enjoy the following fundamental rights as provided by
the Bangladesh Constitution:
* No discrimination against any citizen on grounds of religion, race,
caste, sex or place of birth
* equality of opportunity in public employment
* right to protection of law
* protection of right to life and personal liberty
* prohibition of forced labour
* safeguards as to arrest and detention
* protection in respect of trial and punishment
* freedom of movement, assembly, association, thought and conscience,
speech, profession, occupation and religion
* right to property
* protection of home and correspondence
* enforcement of fundamental rights through courts of law
2.1.2 Legislative and Other Measures Adopted to Eliminate Discrimination
Against Women:
Though the Constitution guarantees equal rights for men and women in public
life it does not extend this to the private sphere where the various personal
laws based on religion are recognized. These are discriminatory with regard to
various provisions such as marriage and divorce, inheritance, guardianship,
etc. The Constitution also recognizes the unequal situation of women in so far
as it recognizes the need to make special provisions for them as a specially
disadvantaged category.
Bangladesh has ratified the Convention on the Elimination of All forms of
Discrimination Against Women (CEDAW) with reservations and not accepted it as
legally binding yet. Most national laws are already in conformity with the
provisions of the Convention. Some reforms/modifications have been made to
protect the rights of women. However, the provisions of the Convention can be
invoked before the court of law only if they are transformed into national
laws or administrative regulations.
Certain legislative actions have been taken to protect the interests of women
and reduce discrimination. Some of these are through the enactment of new
laws and others through modifications of the existing laws and procedures. The
legislative measures include reform of family laws, laws on equal pay and
employment, protection and expanded political rights. The changes in the
national legislation which have taken place during the last two decades have
been the result of the ratification of various conventions and the mutually
reinforcing developments in international and national laws. Some provisions
of the Muslim Personal Laws have been modified but as yet no effective
measures have been taken to reform the Hindu personal laws or laws of other
minority groups as it was felt that such proposals would not be endorsed by
the respective religious/ minority communities.
Within the reporting period a new law the Women and Child Repression (Special
Provision) Act of 1995 further increases the punishment for crimes against
women. It has been enacted to prevent and punish cruelty to women and
children in the form of abuse, injury, or death using corrosive, poisonous or
combustive substance or for dowry. It makes provisions for the punishment of
kidnapping or abduction of women or children to use them for prostitution or
illegal cohabitation, etc. Special Courts have been instituted with Session
Judges or Additional Session Judges in each district. It provides for
completion of the investigation of such offense within 60 days of the receipt
of the "First Information Report" (FIR) or order for investigation and not to
grant bail to the accused during that period. There is also a provision for
completion of the trial within 90 days of receipt of the case.
The Government has constituted a high powered committee headed by the Minister
for Law, Justice and Parliamentary Affairs to examine existing laws and update
them to address all forms of discrimination against women.
2.1.3 Major Obstacles to Implementation:
The protection that is accorded through the civil laws are outweighed by the
inequalities reflected in many areas of personal laws governing the life of
women. Women's socio-economic status differs from their legal status. The
former often determines the latter. Although the Government is determined to
take steps to eliminate discrimination against women through legal measures,
women cannot even enjoy those rights provided by existing laws due to the lack
of enforcement. The disparity between the rights women have by law and what
they actually enjoy arises partly from the lack of knowledge of women and men
about internationally and nationally recognized womenþs rights and the lack of
commitment by the judiciary and law enforcement agencies.
Various procedures make it difficult for women to access and use the judicial
system. For example the language used is esoteric, the procedures lengthy and
therefore costly and the agencies are often hostile or unsympathetic to women.
The proof required to file a case of domestic violence or rape is an
obstacle. The lack of birth registration makes the enforcement of the Child
Marriage Act is difficult. The lack of a central database on marriage and
divorce registrations, or any means of cross-checking such registrations,
means that it is virtually impossible to prevent polygamy. Although the Muslim
Family Law allows women to inherit, social customs and family pressure often
prevent women from claiming their share. Women lack the financial resources
required and lack access to lawyers and courts which restricts their recourse
to the legal system. Laws on trafficking, for instance, are hard to apply as
often members of the law enforcing agencies are themselves involved in the
trafficking activities.
2.1.4 Reservation of Article 2:
The Government of Bangladesh placed reservation to Articles 13 (a) and 16 (1)
(c) which were thought to be in contradiction with Shariah Law derived from
the Holy Quran and Sunnah. By deduction the reservation an Article two was
placed. All of the reservations are in the process of being reviewed.
The Ministry of Women and Children's Affairs constituted an interministerial
committee in November 1996 to review the reservations made to the Convention
and make recommendations. It has as members from the Ministries of
Information, Law, Home Affairs and Women and Children's Affairs. It also has
two women lawyers and activists as members. A report has been submitted in
February 1997 for consideration to the highest authority.
As mentioned above, the Constitution of the country embodies the principle of
equality between women and men and declares that constitutional principles
shall take precedence over all other existing laws. The Constitution is the
highest law of the land and any law inconsistent with the Constitution is
automatically void (Articles 7(2) and 26). Thus all pre-Constitutional laws
have to withstand the test of the Constitution's basic principles.
Bangladesh does not have any "Shariah Law" as such. Rather certain provisions
are codified into legislation, such as the Muslim Family Law Ordinance and
provisions of the Shariah are not immutable but subject to reinterpretation
based on the needs of the time. In addition Muslims are not the only
population in the country. There is a sizeable non-Muslim population to whom
the Shariah is not applicable.
Bangladesh is committed to its international treaty obligations and the
guarantees of equality between men and women and of non-discrimination
against women contained in the UN Charter, the Universal Declaration of Human
Rights and other international instruments.
Various women's organizations have arranged seminars and conferences to
discuss the Convention and the justifications for the reservations made.
Pre-Beijing a series of regional workshops as well as a national workshop were
held by the NGO Preparatory Committee for the NGO Forum. Various training and
seminars have also been organized by the CEDAW Forum which brings together
various organizations and individuals seeking withdrawal of reservations and
full implementation of the Convention. It addition several women's
organizations such as Bangladesh Mohila Parishad, Bangladesh Jatiya Mohila
Ainjibi Samity, Naripokkho and USHA have been working in this area
individually.
2.2. Article 3: The Development and Advancement of Women
State Parties shall take in all fields, in particular in the political,
social, economic and cultural fields, all appropriate measures, including
legislation, to ensure the full development and advancement of women, for the
purpose of guaranteeing them the exercise and enjoyment of human rights and
fundamental freedoms on a basis of equality with men.
Legally women have the same access as men to the political process, social
services, health and medical care, education, literacy, development
programmes, employment, ownership of property and social welfare. In certain
cases temporary special measures have been formulated to increase womenþs
access to these services and programmes (see 2.3). The exercise and enjoyment
of human rights and fundamental freedoms by women, on the basis of equality
with men, is guaranteed under the Constitution and other relevant laws (see
Section 2.1 above).
However, in fact, women do not have the same access as men to these rights and
freedoms. The situation with regard to political life, education and health is
described while discussing articles 7, 10 and 12 respectively. Various kinds
of remedial measures have been taken up as a result of which the situation in
many sectors is improving.
It needs to be stressed that developments or advancements in any one sector
are closely related with developments or advancements in other sectors. For
example developments in education are important for improvements in political
participation or employment.
One of the major obstacles is women's unequal status in the personal sphere
which means that the grounds for their participation in the public sphere are
also unequal. Womenþs lower socio-economic status , lower literacy, lesser
mobility are all practical obstacles to the exercise of their fundamental
rights.
A phenomenon which has emerged recently illustrates the difficulties women
have in exercising their rights because of cultural practices and
misinterpretation of religion. It is that of extra- judicial procedures
whereby village bodies try and punish women for various "offenses" invoking
the Shariah and passing judgements or "fatwas". These have used the mechanism
of the village "shalish" recognized by law only as a mediation body which
requires the consent and presence of both parties to be effective and for its
judgements to be recognized. Its mandate is restricted to certain specific
items but does not extend to marriage, dissolution of marriage and other such
issues covered by the laws of the land. However, there have been instances of
these bodies being used to "try" and punish women using religious grounds, in
cases of marital dispute, dissolution of marriage and adultery.
The Government has taken staunch measures against such extra-judicial
practices, bringing those responsible to justice.
Various measures have been taken to enhance the status of women with regard to
political participation (see discussion under article 7) and participation in
social, economic and cultural life (see discussion under article 11).
Unfortunately, in the past these policies and measures were taken on behalf of
women without their full participation. At present, however, their
participation is being sought. For example many women activists and womenþs
organizations are participating in the various debates and putting forward
various proposals in the discussions on reserving a certain number of seats in
the National Parliament for women.
A National Policy on Women's Advancement was approved by the National Council
for Women's Development (NCWD) in February 1997 and declared by the Prime
Minister on March 08, 1997. Its main objectives are as follows:
* Establish equality between men and women in all spheres;
* Eliminate all forms of discrimination against women and girls;
* Establish women's human rights;
* Develop women as human resource;
* Recognize women's contribution in social and economic spheres;
* Eliminate poverty among women;
* Establish equality between men and women in administration, politics,
education, games, sports and all other socio-economic spheres;
* Eliminate all forms of oppression against women and girls;
* Ensure empowerment of women in the fields of politics, administration and
the economy;
* Develop appropriate technology for women;
* Ensure adequate health and nutrition for women;
* Provide housing and shelter to women;
* Create positive images of women in the media;
* Take special measures for women in especially disadvantaged situations.
With regard to the monitoring of the implementation of the various policies,
programmes and laws, the National Council for Women's Development and the
Interministerial Coordination and Evaluation Committee (see Sections 1.4.2 and
1.4.4) provide institutional mechanisms through which reputed individuals and
various women's organizations can participate.
2.3 Article 4: Temporary Special Measures:
1. Adoption by the State Parties of temporary special measures aimed at
accelerating de facto equality between men and women shall not be considered
discrimination as defined in the present Convention, but shall in no way
entail as a consequence the maintenance of unequal or separate standards;
these measures shall be discontinued when the objectives of equality of
opportunity and treatment have been achieved.
2. Adoption by State Parties of special measures, including those measures
contained in the present Convention, aimed at protecting maternity shall not
be considered discriminatory.
2.3.1 Policies:
Article 28 of the Constitution states that the State may make special
provisions for women and children, recognizing that they are specially
disadvantaged. Official policy also aims to accelerate attainment of de facto
equality of women and men. The Fourth Five Year Plan (1990-95) integrated
womenþs development into a macro-framework in order to formulate a
multi-sectoral thrust to bring women into the mainstream of development. The
Draft Perspective Plan formulated for the period 1995 to 2005 also put special
emphasis on women's development (see 1.2.6 above).
2.3.2 National Machinery:
Separate national machinery for the advancement of women has been set up. The
Ministry of Women's Affairs was established in 1978 and the Department of
Women's Affairs was established in 1984. WID Focal Points have been identified
in 33 Ministries and agencies as a means of inter-ministerial coordination on
women's issues to ensure the mainstreaming of women's concerns into all
sectoral projects, programmes and policy statements. The mechanism is being
coordinated by the Ministry of Women and Children's Affairs. A National
Council for Women's Development was established in 1995 with the Prime
Minister as the chair, to act as the highest policy making body and monitor
and oversee women related activities in the various sectors. (See 1.4). Its
first meeting was held on February 18, 1997 to discuss and approve the
National Policy for Women's Advancement. An Interministerial Coordination and
Evaluation Committee headed by the Minister for Women and Children's Affairs
has been set-up to monitor the progress of implementation of sectoral WID
plans and programmes.
2.3.3 Political Representation:
In order to ensure womenþs representation in the Parliament a special
provision has been made for 30 seats for women in addition to the 300 seats of
the Parliament as provided by the Constitution. This special provision is
valid up to 1999. Women are to be elected to those thirty seats by the other
directly elected Members of Parliament. Women are also eligible to contest
through direct elections for the other unreserved seats. Such provisions have
also been made in local government bodies. The Municipal Corporation have
provisions for three women Ward Commissioners out of a total of twelve
members. The four city corporations have 38 women members. The women members
are to be nominated and selected by the elected members. The Union Parishad or
Council, the lowest administrative unit also has a provision for three women
members out of a total membership of 12. Here too, the women members are
nominated and elected by the other directly elected members.
The impact of these measures has yet to be felt in terms of increased
representation of women in the directly elected seats (see Section 2.6).
2.3.4 Decade of the Girl Child:
In recognition of the discrimination faced by women throughout their
life-cycle and beginning as girls, the South Asian Association for Regional
Cooperation (SAARC) has declared the 1990s as the Decade of the Girl Child in
the Male Summit in 1990. Each country formulated Decade Plans for the
advancement of girls. The Bangladesh Decade Plan, "Samata" (Equality) was
prepared by multiple partners dealing with children's issues and is both a set
of programme objectives and an advocacy tool for improving the status of the
girl child. It has the following major goals:
* Reduction of Infant Mortality Rate to 50 per 1000 live births by the year
2000 while eliminating gender disparity in rates.
* Reduction of Under-5 mortality rate to 70 per 1000 live births by the
year 2000 while eliminating gender disparity in rates.
* Education of Maternal Mortality rate to 3.5 per 1000 live births by the
year 2000 while raising female age at marriage to 18, delaying first pregnancy
to 20 and increasing CPR to 50 by the year 2000.
* Reduction of severe and moderate malnutrition by half between 1990 and
2000.
* Increasing access to safe water for drinking and other purposes from 80
percent in 1990 to universal coverage by 1995 and maintaining the level.
* Increasing the availability of, and access to, sanitary latrines from 6
percent in 1990 to 35 percent in 1995 and 80 percent in 2000.
* Increasing access to, and enrolment in, primary education, to 95 percent
by 2000, covering not less than 75 percent of girls by 1995 and 90 percent by
2000. Increasing the primary school completion rate for girls to atleast 65
percent by 2000. Efforts will be made to reach the global goal of 80 percent
completion rate by 2000.
* Progressive and rapid increase in social support services and legal
measures to prevent and protect girls from being exploited or abused,
with special focus on children in especially difficult circumstances.
Accelerated efforts will be made to reduce and steadily eliminate child labour
in accordance with the Colombo Resolution on Children (SAARC, 1992).
[Source: Samata, Bangladesh Decade Action Plan for the SAARC Decade of the
Girl Child (14)]
2.3.5 Special Programmes:
There are a number of special women targeted projects in each sector: health,
education, agriculture, etc. Various measures have been taken in education to
increase the enrolment and retention of girls (see discussion under Section
2.9). Their impact is gradually being felt in increasing enrolment and
retention rates in primary schools. The special health risks of women related
to child birth have been recognized and special intensive and coordinated
programmes are being undertaken to reduce maternal and infant mortality rates.
Here, too, the impacts are gradually being felt (see Section 2.11).
Even among the relief and rehabilitation programmes, recognizing the special
vulnerability of women to poverty, three of the programmes are specifically
targeted toward women: the Vulnerable Group Development Programme with 399,091
beneficiaries delivers a monthly ration of 31.25 kilograms of wheat per person
to especially vulnerable and destitute women (women of female headed
households who are lactating or with children); the Rural Maintenance
Programme, a monetized food aid programme, which employs poor women for the
maintenance of rural roads, and the Post Monsoon Rehabilitation Programme (see
Section 2.14).
2.3.6 Maternity Leave and Day-care:
In the formal sector maternity leave is allowed for three months twice in the
working life of a woman. In the private and non formal sector this has not yet
been ensured although most ILO conventions in this respect have been ratified.
Labour laws provide for maternity leave and also for child care facilities
where more than fifty women are employed. Women are exempted from night work
in factories under the labour law. In reality very few women enjoy these
benefits (see Section 2.10).
Pilot programmes by certain NGOs have been started to establish day-care
centres for women garment workers in the factories in collaboration with the
employers. Another new and innovative programme is to set up schools for the
child workers who have been removed from the garment factories. This programme
is being carried out with the garment manufacturers, the Bangladesh Garment
Manufacturers and Exporters Association (BGMEA), the Government, ILO and
UNICEF in collaboration with NGOs.
2.3.7 Public Sector Employment:
A quota system has been instituted for recruitment to Government service which
is 10 percent for officers and 15 percent for other categories. In education,
in order to increase the proportion of women primary school teachers 60
percent of all new recruits are supposed to be women. However, these quotas
are not being fulfilled with the result that only 7 percent of Government
employees are women at the officer level and 9 percent at other levels. New
recruitment being limited, the impact of recruitment quotas in eliminating
the gender gap in total employment is also limited.
Very recently the Government has taken a decision to undertake a special
programme for the appointment of women to senior administrative/management
posts of Deputy Secretary and Joint Secretary.
In addition positive discrimination is made for women government servants
while allocating staff housing (see Section 2.12).
Though various special measures are in place, enforcement measures could not
be ensured in all areas and the Government is committed to develop mechanisms
for monitoring of the impact and progress achieved.
2.4. Article 5: Sex Roles and Stereotyping
State parties shall take all appropriate measures:
(a) To modify the social and cultural patterns of conduct of men and
women, with a view to achieving the elimination of prejudices and customary
and all other practices which are based on the idea of the inferiority of the
superiority of either of the sexes or on stereotyped roles for men and women;
(b) To ensure that family education includes a proper understanding of
maternity as a social function and the recognition of the common
responsibility of men and women in the upbringing and development of their
children, it being understood that the interest of children is the primordial
consideration in all cases.
Despite efforts to achieve legal and de facto equality, true advancement
toward equality requires fundamental social and cultural change. Social and
cultural patterns that lead to discrimination and stereotyped roles for women
need to be changed. Interpersonal relationships between men and women and
practices based on ideas of superiority and inferiority of one sex in relation
to another and sex-stereotyping need to be addressed. To this end the
recognition of family life as a vital area, maternity as a social function and
the need for shared responsibility of men and women in the upbringing of
children, needs to be stressed.
Social expectations of the roles to be played by women are still very
traditional, giving importance to child rearing and household management. The
practice of seclusion ('purdah') although changing because of many practical
reasons, is still socially valued. The increasing practice of dowry which is a
recent phenomena is one of the worst forms of discrimination against women. It
is not condoned by Islam but is a social custom. Personal laws based on
religion also reinforce women's inferior status in terms of inheritance,
custody and guardianship of children under the purview of the Muslim Family
Law.
The definitions of women's work makes them invisible in national statistics.
Their employment rates are shown as 50.6 (15). It is only with revised
definitions of agricultural work which have taken into consideration the tasks
performed by women that the recent Labour Force Survey has shown an increased
percentage of women active in agriculture. Women are generally not recognized
as farmers. It has been one of the demands of some womenþs organizations to
accord them this status. The increased incidence of poverty, rising economic
aspirations and increasing urbanization are phenomena contributing to the
breaking of traditional values and changing social structures, forcing women
to come out of seclusion. This has helped reduce the prejudices against
women's working outside the home.
The social stereotypes of the roles expected of men and women are naturally
reflected in the media and in the educational curriculum. Apart from the Film
Censor Board there are no mechanisms to control the images of women shown in
the media. In view of the fundamental right of freedom of expression, the
issue of external control over the media is a debatable one. In the age of
globalization and the importance of international media such as cable networks
and satellite television, the effectiveness of controls by any one country is
limited. It is therefore necessary to sensitize media workers of the
implications of their work and encourage the development of self-regulatory
mechanisms by which the media would itself formulate a code of ethics which
would include issues such as the portrayal of women, women in advertising and
reporting on cases of violence against women.
Various government agencies and NGOs are using the national media to produce
and broadcast promotional materials for the general public and women about
health, nutrition, sanitation, education, sending children to school,
homestead gardening, etc. However, sometimes these very messages reinforce
certain other stereotypes of women's roles. For instance mothers'
responsibility in feeding and educating children and women's role in
agriculture as confined to vegetable gardening.
The realization that educational curricula contribute to sex stereotyping has
gradually gained acceptance. Various measures have been taken to revise the
educational curricula. Girls and boys are now given the option of taking up
Home Economics or Agricultural Studies in Secondary Schools, whereas before
Home Economics was for girls and Agricultural Studies for boys. The process of
removing sex stereotyping the curricula is not yet complete but will need to
continue as an on-going process. As a complementary measure, teachers will
need to be sensitized on these issues.
As part of the mobilization and awareness raising programmes on the issues of
the Girl Child a special communications initiative, "Meena" has been launched.
It focuses on the positive life process of a South Asian girl. Meena, an
animation series, is screened on TV, cinema halls and by mobile film units of
the Mass Communications Department. The objective is to spread positive
messages and help enhance the social worth of the girl child all over the
country.
Various government training institutions such as the Academy for Planning and
Development, Public Administration Training Centre and various NGOs have
included gender and WID concerns in their training programmes. Gender training
is in the process of becoming institutionalized. This will be an important
means of changing attitudes toward women within the Government and thereby
changing the approach of various policies, programmes and projects.
Mobilization against violence against women and against the practice of giving
and receiving dowry is gaining momentum. The various legal measures taken do
not always result in increased punishments or convictions but they contribute
towards raising awareness that such violence is against women's human rights
and a criminal offense. The Women and Child Repression (Special Provision) Act
of 1995 is one such law.
The Ministry of Home has set up four women's investigation cells in four
police stations, staffed by women police officers. These cells have been set
up to facilitate women's access to the Police. They receive complaints and
carry out investigations. Based on a review of the performance of these cells
the decision whether to expand their number will be
taken.
The Department of Women's Affairs has established a Cell Against Violence
Against Women. It provides legal counselling and assistance to both civil and
criminal cases related to violence against women. In 1996 it death with 83
cases of acid throwing; 1415 cases of rape; 1664 cases of physical assault;
138 cases of trafficking; 85 cases of procurement of women for illicit
reasons; 594 cases of dowry; 115 cases of maintenance. 1539 cases of suicide,
a total of 5933 cases in all. In 1995/96 the Dhaka unit received 1176 cases.
It carried out 550 cases of restoration of family relations, 363 cases of
procuration of maintenance and dower money of an amount of 688,280 Takas.
Legal counselling was provided in 185 cases. Twenty-nine cases were filed in
court. Ninety-one cases were sent to other agencies.
In the districts and thanas which have officers of the Department of Women's
Affairs, committees against violence against women have been set up. They are
chaired by the administrative head of the district or thana (Deputy
Commissioner or Thana Nirbahi Officer) and the Women's Affairs Officer is the
Member Secretary. Various cases and complaints are sent to these committees.
Thana level committees help in mediation, provide counselling and, if
necessary, assist with legal proceedings.
The Ministry of Women and Children's Affairs is preparing an integrated
project addressing violence against women. Its objectives include the
following:
* To improve the quality of services and the effectiveness of
investigative, enforcement, judicial medico-legal, health, custodial and
other administrative agencies responsible for dealing with various aspects of
crimes and violence against women.
* To provide women better access to the criminal and legal justice systems
of the country, with particular emphasis on the access of poor women.
* To create general awareness of the issues of crimes and violence against
women through public education campaigns.
The Government has become increasingly more conscious of various violence
related issues such as custodial rape, rape by members of law enforcement
agencies and violence at community level by extra-judicial means through
misinterpretation of religion and misuse of local arbitration bodies. Several
such cases were taken up by various women's organizations and human rights
groups, around which they organized rallies, processions and press conferences
to mobilize public opinion. In some cases the Government has formed enquiry
committees. In other cases the issues and incidents have also come up for
Parliamentary debate.
2.5 Article 6: Suppression of the Exploitation of Women.
State Parties shall take all appropriate measures, including legislation, to
suppress all forms of traffic in women and exploitation of prostitution of
women.
2.5.1 Trafficking:
Although the phenomenon of trafficking is not a new one its scope seems to be
increasing. Women are experiencing dramatic changes in their life due to
increasing landlessness and poverty. Their vulnerability often makes them fall
prey to exploitation and become victims of trafficking and prostitution.
A non-government source reports that about 200,000 women and children have
been trafficked to the Middle East in the last 20 years. Different human
rights activists and agencies estimate 200-400 young women and children are
smuggled out every month, most of them form Bangladesh to Pakistan. Another
women lawyers' association estimates that on an average, 4500 women and
children from Bangladesh are being trafficked to Pakistan each year and
atleast 200,000 women have been trafficked to Pakistan over the last 10 years.
It is estimated by the
Indian Social Welfare Board that there are 500,000 foreign prostitutes in
India of whom about 1 percent are from Bangladesh and 2.7% of prostitutes in
Calcutta are from Bangladesh.
Trafficking is carried out by regional gangs who are well organized and who
have links with the various law enforcing agencies, which is why only a very
small percentage of the traffickers are caught or the victims recovered.
The Government is aware of the problem of trafficking and has taken up
measures to prevent it. One such measure is the strengthening of border posts.
However, the sheer length of Bangladesh's border with India and Burma makes it
impossible to prevent people crossing the borders. Another measure is the
strengthening of legislation and increasing punishments for trafficking.
Legal Measures:
The Penal Code of 1860 contains provisions for kidnapping, which in general
covers trafficking also. Inspite of there being provisions in the Penal Code,
these were not being effective in stopping trafficking because of various
implementation problems. In 1983 a new Ordinance, the Cruelty to Women
(Deterrent Punishment) Ordinance was promulgated. It replaced the relevant
sections of the Penal Code. This law increased the punishment to life
imprisonment and death penalty for kidnapping or abducting women, trafficking
of women and children, attempt to cause death, acid throwing, rape etc.
The Anti-terrorism Ordinance, 1992 provided for punishment of all types of
terrorism including harassing women and abducting children and women. This
Ordinance was repealed in 1994 due to various problems.
The Suppression of Immoral Trafficking Act, 1993 provides for punishment for
forcing a girl into prostitution. Abetment by having custody or charge of the
girls is also a crime. Section 11 of the Act prohibits the detention of any
female child under the age of 18 against her will in any house, room or places
in which prostitution is carried out. The section provides a penalty of
maximum three years of imprisonment or fine or both.
In 1995 another law, the Woman and Child Repression (Special Provisions) Act
1995 was enacted. It provides for capital punishment to offenders. It debars
the granting of bail to persons accused of heinous offenses against women and
children. The penalty imposed in section 8 of this act for trafficking and
associated offenses is life imprisonment and fine. Section 9 stipulates a
penalty of 10 years with a minimum of 7 years imprisonment for abduction to
commit immoral act on women and children.
This Act provides for the setting up of separate courts to try cases coming
under it, one in each district. So far ten such courts have been established.
It is proposed to review their performance and effectiveness before setting up
the courts in other districts.
However, although laws against trafficking exist, their implementation remains
weak. Although the new laws have increased penalties their application has
certain technical problems which are in the process of being identified. There
is scope for misapplication and harassment of innocent persons. The law
enforcing authorities and the judiciary need to be better sensitized about the
issues involved. There is a need for stronger action against members of law
enforcing authorities who are themselves involved in trafficking. Regional
cooperation is essential to coordinate legal and administrative measures and
procedures. Information needs to be shared and extradition of offenders
allowed. Victims are sometimes charged with prostitution or immoral behaviour
and put in jail. The repatriation of Bangladeshi women trafficked abroad needs
to be facilitated.
Programmes:
Presently measures for the rehabilitation of repatriated victims are limited.
Necessary shelters and homes are inadequate within the Government or with
NGOs. Programmes are being designed in collaboration with NGOs for the
necessary social rehabilitation and reintegration of victims.
There are discussions going on presently about the Ministry of Women and
Children's Affairs undertaking a project to address the issue of trafficking.
The following activities are envisaged:
* Situation analysis:
- preparation of a comprehensive report on child trafficking
- developing a data base on child trafficking
* Awareness raising for prevention of child trafficking:
- materials and techniques designed, developed and disseminated
- child trafficking issues incorporated into educational curricula
- networking with NGOs
* Capacity building of law enforcement agencies.
* Rescue, repatriation, rehabilitation and reintegration:
- effective rescue system developed
- child friendly repatriation process established
- comprehensive rehabilitation and repatriation programmes established
The programme is to be multi-sectoral involving various ministries. An
inter-ministerial steering committee will be formed headed by the Minister of
the Ministry of Women's Affairs with NGO representation. District level
coordination committees will be set-up.
NGO Mobilization:
At a recently held workshop on child trafficking organized by the Bangladesh
Shishu Adhikar Forum in December, 1996 a South-East Asian and a National
Action Plan were prepared for NGOs active in the area of trafficking. It was
decided to undertake networking and training on databases/information and
experience sharing by a Core Group with representatives from Nepal, Pakistan,
India and Bangladesh. The first meeting of the regional Core Group will take
place in March 1997 and training is to be arranged between August and
December, 1997. The Bangladesh National Plan focuses on legal protection
through implementation of existing laws; awareness raising on trafficking;
awareness raising and training on laws related to trafficking. It is proposed
that law enforcing agencies in collaboration with NGOs mobilize the community
through local government bodies, educational institutions, religious
institutions and at the national level through the media.
2.5.2 Prostitution:
Although in most cases trafficking is for prostitution or leads to
prostitution, prostitution within the country needs to be discussed
separately. There are no statistics on the numbers of prostitutes. The
Bangladesh Bureau of Statistics enumerates them as "destitutes" and does not
recognize prostitution as an occupation. The Constitution states that "the
State shall adopt effective measures to prevent prostitution and gambling"
[Part II, Fundamental Principles of State Policy, Section 18 (2)]. There are
laws against forcing anyone into prostitution or into "immoral acts" (Penal
Code 72, 73, 74). Soliciting is also against the law (Criminal Procedure
Code). However there are no laws against a person of 18 or above engaging in
sexual activity in exchange for money. It is sufficient for a prostitute to
have an affidavit delivered by a magistrate stating that she is above 18 for
her not to be arrested by the Police. That does not preclude harassment and
being asked for bribes.
Prostitution is therefore technically neither legal nor illegal but exists in
a gap in the law, as in many countries. Therefore prostitutes do not have any
legal protection, nor can the State take any legal measures against them. As
citizens they can demand the same fundamental rights from the State, such as
the right to protection and security, the right to shelter and to basic
amenities.
While laws relating to violence against women, including rape, apply equally
to prostitutes, in practice they are discriminated against as they will be
classified as 'habituated' to sexual intercourse and proof will be considered
to be harder to give/accept. Prostitutes are often subjected to harassment
and violence from the Police who are theoretically supposed to protect their
rights.
There is need for greater public awareness about forced prostitution, among
the general public and in particular among the law enforcing agencies and the
judiciary. Unless they are treated as full human being with the same rights
and privileges as others, it will not be possible to provide them with any
protection or ensure fulfillment of their rights.
Provisions for shelter and rehabilitation are very inadequate. The few homes
run by the Government are overcrowded and do not have the necessary facilities
and staff to provide adequate rehabilitation in terms of either psychological
counselling or even vocational training for suitable re-employment. Marriage
has been seen as the only means of rehabilitation. However, various reports
tend to show that these marriages are, in some cases, the means for forcing
the girls or women back into prostitution. NGO-run shelters are also very
inadequate in terms of numbers and facilities.
2.6 Article 7: Elimination of Discrimination Against Women in Political and
Public Life:
State Parties shall take all appropriate measures to eliminate discrimination
in the political and public life of the country and, in particular, shall
ensure to women, on equal terms with men, the right:
(a) To vote in all elections and public referenda and to be eligible for
election to all publicly elected bodies;
(b) To participate in the formulation of government policy and the
implementation thereof and to hold public office and perform all public
functions at all levels of government;
(c) To participate in non-government organizations and associations
concerned with the public and political life of the country.
2.6.1 Rights to Political Participation:
The Constitution of Bangladesh provides equal opportunities for women to
participate in politics and public life and it is in the unique situation of
having women in the posts of both Prime Minister and Leader of the
Opposition. Furthermore Bangladesh is in the even more unique position in
having two women Prime Ministers succeeding each other. Women as voters are
gaining in visibility and political strength. The turnout of women in the 1996
Parliamentary Elections was phenomenal.
2.6.2 Parliament:
There are 30 reserved seats for women in the Parliament to ensure their
participation in politics in addition to the 300 elected seats. Although women
are equally eligible to contest the elected seats, very few women have been
elected to the Parliament through direct electoral process. However, women's
participation is gradually increasing. While only 5 parties put up 15
candidates in 1986, in 1991 16 parties put up 40 candidates. In 1996, 36
women candidates were nominated. From these 5 women won 11 seats. In the
by-elections held on 5 September 1996, two more women were elected, bringing
the number of directly elected women to seven.
Table 2: Situation of Women in Direct Elections
Year Percentage of Number of women Number of women
women candidates directed elected elected in by-elections
1973 0.3 0 0
1979 0.9 0 2
1986 1.3 5 1
1988 0.7 4 0
1991 1.5 8 1
1996 1.36 5 2
Source: Women for Women, 1996. (16)
In the present Cabinet four of the twenty-four ministers are women (including
the Prime Minister). They have been given the posts of Agriculture/Water
Resources/Relief , Environment and Forestry and State Minister for Education.
Table 3 shows a comparative picture of women's representation at ministerial
level.
Table 3: Women's Participation at Ministerial Levels (1972-1990)
Source: BBS (17)
It was not possible at this time to reproduce the chart or table which appears
here in the text, but you may obtain it by contacting the Division for the
Advancement of Women directly.
2.6.3 Local Government:
Women's participation in local government is another arena of political
participation. Women have reserved seats in all municipal and local government
bodies. Rural Local Government is a two-tier system with Union Parishads
(Councils) and Zila Parishads (District Councils). There are 4,434 Union
Parishads and 64 Zila Parishads. Local Bodies in the urban areas include 4
city corporations and 119 Municipalities. Three seats are reserved for women
in all of these. Formerly women were nominated to these seats. Since 1992 they
are selected on the basis of indirect election by the other directly elected
members. In the Union Council elections women have started to contest the
elected seats with increasing success. In the 1988 elections 79 women
contested the elections in 4401 Unions and 1 was elected Chairperson. In 1992,
115 contested the elections in 4,443 Unions and 15 were elected Chairpersons.
The next Union Parishad elections are due in 1997.
In the 1994 City Corporation election 17 women contested but none won. In 1996
two women were elected directly. The next municipal elections are due in 1998
and City Corporation elections are due in 1999.
Despite some improvements womenþs participation in the political process
remains very marginal. The reasons for this are varied and include lack of
appropriate and adequate organizational arrangements within political parties
for womenþs participation, low participation of women in the political
parties, low women's participation in the decision making bodies of the
political parties, lack of political discourse on women's issues within
political parties, lack of political training for women, the constraints of
the present political culture which include the use of muscle men, violence,
"black money", etc.
However, the reservation of seats for women in elected bodies is having a
positive impact in that it is ensuring a minimum of womenþs representation and
it is enabling women to learn about the workings of the different bodies and
the political process.
Women as voters are also increasingly exercising their rights and becoming
more aware of the implications and dimensions of the political process.
Observations have shown that women's participation as voters has also
increased although precise figures are not available. The June 1996 Parliament
elections saw a phenomenal turnout of women.
2.6.4 Women in Public Service:
The Government has also taken special measures to ensure the presence of women
in the Government, for the formulation of public policy and the implementation
thereof and to hold public office and perform public functions at all levels
of Government. Since 1982 women have been regularly appearing at public
service examinations and are being recruited into the regular cadre services.
In order to increase the number of women in the administration a quota system
was introduced for women, which is applicable for all types of public
appointment. Under this arrangement 10 percent of recruitment to gazetted
posts and 15 percent of recruitment to non-gazetted posts are reserved for
women. There is also a provision for reserving 60 percent of recruitment of
primary school teachers for women. In addition a special initiative has
recently been taken to appoint women to senior levels i.e. Deputy Secretary
and Joint Secretary posts.
In one of the recent recruitments to the Bangladesh Civil Service (15th
examinations, 1993/94) out of a total of 1144 available posts 858 were filled.
According to the application of the reserved quota for women 114 posts were
reserved for them of which only 67 were filled. In addition 70 women out of a
total of 417 were recruited through the merit quota and 26 women out of a
total of 368 were recruited through the district quota. In all 163 women i.e.
19 percent of total recruitment were recruited through various quotas.
In a recent recruitment to the Education Cadre (16th examinations, 1993/94)
out of a total of 1373 posts available 1348 were filled of which 407 (30
percent) were women. Out of 137 posts reserved for women under the "women's
quota" 112 were filled. The rest of the women were recruited under the merit
quota (166/618) and the district quotas (129/617) (18).
Recent experience shows that although women's reserved quotas are not being
fulfilled the percentage of women actually recruited is higher 19 percent and
30 percent as mentioned above. At present women constitute 7 percent of
gazetted officers and 7.4 percent of other posts. The impact of the quotas
are, however, negligible as very few new posts are available. There is very
little impact at senior levels.
The worst performers in terms of fulfillment of the womenþs quota have been
the public sector corporations where only 5 percent of staff are women. One
reason for the poor performance of the autonomous bodies may be that a large
number of public sector corporations have mills and factories under their
authority where the number of women is very low.
Table 4: Women and Men in Public Sector/Government Service in Various Service
Categories
Service category 1988 1991 1993
Women Men Women Women Men Women Women Men Women
as % as % as %
of Total of Total of Total
Class I 5740 67195 8 49988 70889 7 5628 75314 7
Class II 2166 34335 6 2428 33845 7 2644 35422 7
Class III 48209 538246 8 54805 459384 11 62079 53604 10
Class IV 10999 212476 5 12499 308269 4 12820 242890 5
All categories 67114 852253 7 74720 872387 8 83171 889666 9
Source: BBS, 1996 (19)
Table 5 : Number of Civil Officers and Staff in the Secretariat, Departments
and Autonomous Bodies and Number of Female Employees by Category (as of
1 January 1993)
Autonomous
Service Ministry Dept./Directorate Bodies/Corps. Total
Category Total No. Total No. Total No. Total No.
Staff Women Staff Women Staff Women Staff Women
Class I 2000 201 35255 3446 43687 1981 80942 5628
Class II 70 11 13515 1233 24481 1400 38066 2644
Class III 4187 358 458433 54890 135499 6831 598119 62079
Class IV 2354 209 149202 9333 104154 3276 255710 12820
Grand Total 8611 779 656405 68902 307821 13490 972837 83171
Source: BBS, 1996 (20)
At higher levels of the administration the rate of female participation is
very low. Out of 80 Additional Secretaries there are two women. Out of 247
Joint Secretaries there are only 2 women and out of 474 Deputy Secretaries
there are only 7 women. The Government is currently taking steps to increase
these numbers.
From 1976 the Government has begun to recruit women into the Police Force. At
present there are only 5 Additional Superintendents of Police who are women
and four women Assistant Superintendents of Police. For some time recruitment
of women to the Police Force has been stopped but a proposal has been
submitted for approval revising the recruitment procedures to
permit/facilitate the recruitment of women. Womenþs presence in the judiciary,
though still minimal, is increasing. In 1994 there were 192 women
magistrates, 40 women in the Judge Courts and 2 women in the Tribunals.
2.6.5 Women's Participation in Non-government Organizations:
Another arena of womenþs participation in public life is through
non-government organizations. There are at present more than 1200 women's
organizations registered with the Department of Women's Affairs. These provide
a means of women's participation in public life. Various organizations are
consulted by the Government for policy making or involved in collaborative
programmes through the BJMS and the field offices of the Department of Womenþs
Affairs.
There is a strong and active womenþs movement from grassroots to national
level which is playing an active role in demanding legal and policy reforms,
in mobilizing women to avail of services and facilities available and in
changing cultural and social stereotypes about women.
2.7 Article 8: Equal Opportunity for International Representation and
Participation.
State Parties shall take all appropriate measures to ensure to women, on equal
terms with men and without any discrimination, the opportunity to represent
their Governments at the international levels and to participate in the work
of international organizations.
Although women have the right to represent the Government internationally, in
reality women's representation has been virtually nil. The need for the
representation of women in national and international arenas is recognized.
There are only 14 women in the diplomatic service and there has been only one
woman ambassador in 1980 and one at present. Various delegations have
included women. There are also a number of women serving in various
international and UN organizations abroad. However no statistics can be
provided.
Of note is that the present Chair of the CEDAW Committee is a Bangladeshi
woman and there is a Bangladeshi Resident Representative in the United Nations
Development Programme.
2.8. Article 9: Equal Rights with Regard to Nationality.
1. State Parties shall grant women equal rights with women to acquire, change
or retain their nationality. They shall ensure in particular that neither
marriage to an alien or change of nationality by the husband during marriage
shall automatically change the nationality of the wife, render her stateless
or force upon her the nationality of the husband.
2. State Parties shall grant women equal rights with men with respect to the
nationality of their children.
Nationality in Bangladesh is determined by birth. Although no reservation has
been made to this article of the Convention the Bangladeshi Citizenship Act is
discriminatory. Women have equal rights with men to acquire, change or retain
their nationality. They can obtain passports without the signatures of their
husbands or fathers. However they do not have equal rights with respect to the
nationality of their children. According to Citizenship Act of 1951,
citizenship can be transmitted from the father to his children but not from
the mother. Also a woman's husband cannot be entitled to citizenship through
her. The spouse of a Bangladeshi man may receive citizenship but the contrary
is not true.
Measures are being taken by Government to ensure equality between men and
women with regard to citizenship rights. In fact the laws in this area are
part of the colonial legacy and have not recently been reviewed or revised.
2.9 Article 10: Equal Rights in the Field of Education.
State parties shall take all appropriate measures to eliminate discrimination
against women in order to ensure to them equal rights with men in the fields
of education and in particular to ensure on a basis of equality of men and
women.
a) The same conditions for career and vocational guidance for the achievement
of diplomas in educational establishments of all categories in rural as well
as in urban areas; this equality shall be ensured in pre-schools, general,
professional and higher technical education, as well as in all types of
vocational training;
b) Access to the same curricula; the same examinations; teaching staff with
qualifications of the same standard and school premises and equipments of same
quality;
c) The elimination of any stereotyped roles of men and women at all levels
and in all forms of education by encouraging co-education and other types of
education which will help to achieve this aim and, in particular, by the
revision of textbooks and school programmes and the adaptation of teaching
methods;
d) The same opportunities to benefit from scholarships and other study
grants;
e) The same opportunities for access to programmes of continuing education ,
including adult and functional literacy programmes, particularly those aimed
at reducing, at the earliest possible time, any gap in education existing
between men and women;
f) The reduction of female dropout rates and the organization of programmes
for girls and women who have left school prematurely;
g) The same opportunities to participate actively in sports and physical
education
h) Access to specific educational information to help ensure health and
well-being of families, including information and advice on family planning.
2.9.1 Overview:
Statistics show that the situation of women regarding education is improving
gradually. Female literacy rate rose from 14.8 in 1974 to 25.5 as shown in
the latest census of 1991. Enrolment rate for girls at primary level reached
82 percent in 1995 with 60 percent completion rates which is same as for boys,
although dropout rate at subsequent levels are higher.
Table 6: Enrolment by Sex and Percentage of Female Teachers (1990-95) in
Mainstream Primary Education.
Year Enrolment (100,000) Female Teachers (%)
Male Female
1990 66.62 53.88 17.80
1991 69.10 57.25 17.33
1992 70.48 59.48 17.59
1993 75.25 65.41 19.38
1994 80.48 71.32 18.24
1995 82.00 82.00 18.79
Source: BANBEIS, 1994 (21)
Women's representation at higher secondary level has reached 28 percent of all
students in 1990 from 10 percent in 1972 (BBS). Enrolment in secondary level
has increased from 33.8 percent in 1990 to 45.7 percent in 1995 (BANBEIS).
Table 7: Enrolment in Secondary Schools by Sex and Management, 1990-94
Year Government Non-Government Total
Total Girls(%) Total Girls (%) Total Girls (%)
1990 194835 44.69 253515 32.97 2748350 33.81
1991 198805 44.72 2744668 33.01 2943473 33.80
1992 210673 43.04 3252563 42.65 3463236 42.67
1993 214915 43.89 3594600 44.11 3809515 44.10
1994 217715 47.73 3742744 45.56 39600459 45.68
Source: BANBEIS 1994 (22)
The increase in women's enrolment in the tertiary level has been steady but
increases in degree colleges and medical colleges are more significant.
Enrolment rate at university level is also increasing. More women are joining
in all fields of higher education including technical fields like engineering
and agriculture. Comparative figures over time on completion of various
degrees by women is not available.
Table 8: Basic Statistics on Higher Education and Universities 1990-94
Source: BANBEIS, 1994 (23)
It was not possible at this time to reproduce the chart or table which appears
here in the text, but you may obtain it by contacting the Division for the
Advancement of Women directly.
2.9.2 Policies:
The Constitution of Bangladesh provides for the Government to adopt effective
measures to establish a uniform, mass oriented and universal system of
education and to extend free and compulsory education to all children.
Universalization of primary education and eradication of illiteracy are
priorities for the Government.. To ensure education for all and eradicate
illiteracy a division called Primary and Mass Education Division was created
in 1992 and placed under the Prime Minister. Primary education has been made
compulsory by the Primary Education Compulsory Act of 1990.
Considering the high level of illiteracy, the Fourth Five Year Plan
incorporated the objectives of universal primary education and non formal
primary education to reduce mass illiteracy. The allocation for education
sector expenditure was increased in the Plan. The whole country was to be
covered in a phased manner by the year 2000 under the universal primary
education programme.
The National Plan of Action on Education (1991-2000) sets the following
targets:
* raising the gross enrolment rate at the primary level from 76 percent to
95 percent
* raising girl's gross enrolment rate at the primary level to 94 percent
* raising the completion rate at the primary level from 40 percent to 70
percent
* raising adult literacy rate from 35 percent to 62 percent
* increasing female literacy rate from 24 percent to 50 percent by 2000
The National Plan of Action includes the elimination of gender disparity;
expansion of non- formal education and undertaking of social mobilization
programmes.
The Draft Participatory Perspective Plan (1995-2010) has set the following
objectives and targets:
* ensuring enhanced participation of women at all levels of education
* continuing and expanding the free tuition and stipend programme for
secondary girls students;
* increasing enrolment of secondary students, particularly girls;
* accelerating the expansion of facilities for women's education to reduce
the educational gap between the sexes.
In school and at higher levels women are allowed to take the same subjects as
boys. Same curriculum and examination procedures are followed for both boys
and girls. Scholarships at various levels (primary, secondary, SSC, HSC and
University) are given on the basis of merit and girls/women have equal access
to these provisions. Since fewer women than men go into higher education, it
is mostly boys/young men who derive the benefits of such government
provisions.
Some statistics regarding teacher student ratio, educational expenditures etc.
have already been given in Part I, Status of Women in Bangladesh.
Provisions have been made to recruit women teachers to sixty percent of the
vacant positions in primary schools. The current situation regarding the
number of women as teachers has been shown in Table 6. An effort has been made
to recruit 7000 women teachers for secondary schools i.e at least 2 women
teachers in each school. These teachers will also be given a year's training
with a stipend prior to their appointment. Accommodation facilities will also
be provided for women recruits after their appointment.
The allocation for education sector has increased to 16 percent of the total
public sector expenditure in 1994-95 from 11 percent in 1991-92. This is the
highest allocation in the budget for any one sector. The government provides
80 percent of the teacher's salary of the registered private schools. A target
has been set to establish at least one separate girls' secondary school in
each thana.
2.9.3 Secondary Education:
To reduce the disparity in access to secondary schools between boys and girls,
special provisions have been made which include:
a) A nation wide female stipend programme at the secondary level, to support
girls in grades 6-10 studying in recognized institutions (schools/madrassas)
outside metropolitan areas. They receive a stipend for books and are provided
free tuition against a payment to the school by the government. The objectives
are to retain female students at the secondary stage and thereby promote
higher education; increase the enrolment rates and reduce dropout rates and
also control population growth rate by discouraging girls from marrying before
18 years of age.
b) Providing salaries for additional secondary teachers required for the
increased enrolment: The number of secondary schools has increased from 8137
in 1990 to 9352 in 1994 (about 15 percent). This has reduced the distances
children have to travel to reach schools, an important factor for the
expansion of girls' education.
c) Occupational skill training for secondary school girls: Girls leaving
formal schooling (at least at grade 8) are assisted to acquire skills suitable
for wage employment or self employment on a pilot basis.
d) Public awareness programme for the education of girls: Media campaigns have
been launched for promoting girls' education through various means. These
include TV spots, radio programme and a special project called "Meena" for the
promotion of the rights of the girl child (see Section 2.3 above).
e) Water supply and sanitation programme for girls: Support will be given for
hygiene education, latrine construction and rehabilitation, and the sinking of
tubewells. At present, only 28 percent of the total state owned schools have
separate toilets for girls.
f) A Food for Education programme has been undertaken to increase enrolment
and reduce dropout rates. Students are given food in the form of wheat on a
monthly basis attending school regularly. A study has found attendance has
increased by 14.7 percent and drop out decreased by 7.6 percent (24).
g) Secondary education upto grade X outside municipal areas has been made
free.
h) A girl child who is the only child of parents residing outside municipal
area is given the opportunity to study upto degree level free of cost.
The Government has recently decided to make Higher Secondary Education for
girls free as well. Steps are underway in this regard.
Women's participation in technical education has traditionally been
insignificant. The total number of girls in the Vocational Training Institutes
(VTI) in the country was 69 in 1990 and reached 191 in 1994. There is one
women's polytechnic institute and the number of students in all polytechnic
including this one was 655 in 1994.
In the private sector, a medical college has been established exclusively for
girls. Some colleges have been upgraded as universities. A number of other
private universities and medical colleges have been established and girls are
equally qualified for admission. However, in many cases girls cannot access
these institutions as the expenses involved may be
prohibitive.
Among adolescents, a large proportion has never attended schools. The
Directorate of Non- Formal Education aims to cover 300,000 adolescent girls
and boys during 1992-96. The role of NGO's in enhancing female education has
been recognized and emphasized by the government. NGOs like the Bangladesh
Rural Advancement Committee (BRAC), Gono Shahajja Sangstha (GSS), Proshika,
Saptagram Nari Swanirvar Parishad and Community Development Centre (CODEC) and
Friends in Village Development in Bangladesh (FIVDB) are playing a vital role
in providing non-formal education to children and adults in the country. Many
of the organizations have designed their own models of gender sensitive
functional literacy programmes. BRAC has established over 36,000 non-formal
schools in rural Bangladesh with 1.3 million students and atleast 70 percent
of the students in each school are supposed to be girls.
2.9.4 Remaining Issues:
Since the state is not in a position to ensure primary education for all due
to various resource constraints it has to depend on parental motivation and
attitudes to achieve this. Since no fines or penalties are imposed on the
guardians for non-compliance, parents may chose not to send their daughters to
school.
Free education in most cases means only free tuition and for higher level
education other factors such as clothing, books, fees for school/college final
examination and security on the way to school often affect girls'/women's
participation. The concentration of higher educational institutions in the
urban areas often prevents girls in rural areas from continuing with their
studies as parents often do not have the resources to send their daughters to
urban areas and worry about the lack of secure residential facilities for
girls near the educational institutions.
A large percentage of the dropouts and some of those who have actually
completed primary education remain functionally illiterate as adequate
measures are not taken to retain literacy.
The number of female teacher is a factor influencing girls' enrolment rates at
primary and secondary levels of education. The number of female teachers as
well as the number of women in education management i.e. in the decision
making positions in the different directorates under the Ministry of Education
is very low and not enough to influence decisions. Since new recruitment is
limited, only 27 percent of all teachers are female. Continuation of positive
discrimination in recruitment for a long period will be necessary to reach
equality.
Contrary to the provision stating that the same curricula should be followed
by both sexes a few subjects are specific for girls or boys. At a higher level
women can study agriculture but cannot study marine engineering as such
institutions do not have facilities to accommodate women. Women lack
information about the existing options, the facilities available to
accommodate women are often inadequate and the perceived gender role and
division of labour influences the selection of subjects for girls and boys. In
the engineering field, more women enter into architecture and civil
engineering than into other options.
Vocational counselling for guidance on careers is generally not available and
it is absent for girls. Social norms also limit the scope for girls to pursue
careers even after having obtained the necessary qualifications.
Curricula are not gender sensitive and often reflect the traditional roles of
men and women, thereby reinforcing them (see Section 2.4). Teachers training
curricula also do not take into account women's multiple responsibilities. The
existence of various methods and systems of education, such as madrassa
education, may be an obstacle to a more uniform gender sensitive curriculum
being promoted.
Girls' schools often lack resources such as common rooms, enough recreational
and sports equipment, science laboratories, etc. compared to the boys'
schools. Opportunities for extra- curricular activities for girls are limited
(see Section 2.13).
2.10 Article 11: Equal Employment and Training Opportunities.
1. State parties shall take all appropriate measures to eliminate
discrimination against women in the field of employment in order to ensure, on
a basis of equality of men and women, the same rights in particular:
a) The right to work as an inalienable right of all human beings;
b) The right to same employment opportunities, including the application of
the same criteria for selection in matters of employment;
c) The right to free choice of profession and employment, the rights to
promotion, and security and all benefits and conditions of service and the
right to receive vocational training and retraining, including
apprenticeships, advanced vocational training and recurrent training;
d) The right to equal remuneration, including benefits and to equal
treatment in respect of work of equal value, as well as equality of treatment
in the evaluation of the quality of work;
e) The right to social security, particularly in cases of retirement,
unemployment, sickness, invalidity and old age and other incapacity to work,
as well as right to paid leave;
f) The right to protection of health and safety in working conditions,
including the safeguarding of the function of reproduction
2. In order to prevent discrimination against women on grounds of marriage or
maternity and to ensure their effective right to work, State Parties shall
take appropriate measures:
a) To prohibit subject to imposition of sanctions, dismissal on the grounds
of pregnancy or of maternity leave and discrimination in dismissals on the
basis of marital status;
b) To introduce maternity leave with pay or with comparable social benefits
without loss of formal employment, seniority or social allowances;
c) To encourage the provision of the necessary supporting social services to
enable parents to combine family obligations with work responsibilities and
participation in public life, in particular through promoting the
establishment and development of a network of child-care facilities;
d) To provide special protection to women during pregnancy in types of work
proved to be harmful to them.
3. Protective legislation relating to matters covered in this Article shall be
reviewed periodically in the light of scientific and technological knowledge
and shall be revised, repealed or extended as necessary.
2.10.1 Overview:
Generally speaking, employment opportunities are unequal for women as a large
majority of women live below the poverty line and do not receive education.
Social constraints and norms relating to women's role also contribute to lower
employment though women are major contributors to the household economy.
A gradual increase in female labour force participation during the last decade
is evident from statistics.
Table 9: Labour Force Participation in Various Surveys.
Year and Bangladesh Urban Rural
Survey Total Male Female Total Male Female Total Male Female
LFS 1985-86 44.0 76.9 9.4 47.9 74.1 14.3 43.3 77.5 8.7
LFS 1989* 71.6 81.0 61.6 52.1 72.7 29.0 75.2 82.5 67.4
LFS*
1990-91 69.6 79.6 58.2 55.9 76.3 30.1 73.2 80.6 65.1
LFS*
1995-96 64.8 78.3 50.6
Source: Bangladesh Bureau of Statistics, LFS 1995/96 (25)
* An extended definition of labour force was used.
2.10.2 Policy:
The Constitution recognizes employment generation and poverty alleviation as
the fundamental responsibility of the State. Poverty alleviation was the
major theme of the Fourth Five Year Plan. The government has accorded high
priority to poverty eradication during the meeting of the Heads of States of
South Asian Association of Regional Co-operation (SAARC) in Dhaka. Creation of
self-employment and wage employment opportunities through various programmes
has been undertaken as a strategy to alleviate poverty. Women have been made a
distinct target group as beneficiaries and agents under various poverty
alleviation programmes by government and NGOs.
The Participatory Perspective Plan (1995-2010) includes the following
objectives and targets:
* To provide skill training and credit for self-employment;
* To increase the share of women's employment in the public sector from 8
to 30 percent by 2000 years both in national and foreign service jobs;
* To increase employment through human resource development;
According to the traditional definition of labour force, women's productive
work within the household is not included. The definition of the labour force
in the 1989 and 1991 surveys has been modified to capture women's involvement
in agricultural production and processing including the care of domestic
animals. The labour force surveys found that the rate of increase
in female labour force participation was much higher than that for men.
Women migrating overseas for employment is a relatively recent phenomenon in
Bangladesh. Women are going to Middle Eastern countries, Pakistan and
Malaysia as domestic workers, nurses, garment workers etc. The percentage of
women working abroad as percentage of total employment abroad is not
available.
2.10.3 Public Sector:
Women are equally eligible for recruitment for public sector employment. Equal
pay and benefits have been ensured for women in terms of pay, house rent,
medical allowance, etc. Women are entitled to paid maternity leave. Retirement
benefits, sick leave etc. are equal in the case of public sector employment.
Although women formally have equal access to job training they often have
fewer opportunities for higher training as they are fewer in number and have
various constraints in availing of training opportunities. Retirement age and
contributions towards pension are equal for men and women. Women and men can
enjoy equal benefits as spouses in the public sector. However, women are
exempted from doing night jobs.
Though the public sector provides equal pay and other benefits participation
of women remains very low. Data on women's participation in civil service
positions has been given in Section 2.6.4 above.
Since due to low educational attainments and other reasons women participation
in public service is low, quota provisions have been made for the recruitment
of women. Ten percent officers and 15 percent staff positions at the entry
level are reserved for women and women are recruited on merit as well. The
age limit for women to be eligible for a government job is 30 years, whereas
it is 27 for men. The current position of women in public sector recruitment
has been shown in Tables 4 and 5 in Section 2.6.4 above.
A large number of women are working in the rural areas as field workers or
agents of different development programmes. Most of the positions such as 11
"family welfare visitors" under the population programmes, and field workers
of various credit programmes are occupied by women. A large number of women
are working as extension agents in various public sector programmes although
the total number is not available. According to the government rules the
workers under development budget get equal benefits for leave, maternity
benefits etc. but are not entitled to retirement benefits or pension like
regular public servants. This affects more women than men as the number of
women working in development programmes is higher than that working in regular
positions.
Some special steps have been taken by the Ministry of Women and Children
Affairs to support working women which are as follows:
* Career women's hostels have been established in four divisional head
quarters of the country to provide accommodation to working women.
* A project to provide day care services for working women was begun in
July 1988 to assist poor working mothers. The children are provided day care
services including primary health care, nutrition, immunization. Six such
centres have been established in Dhaka.
* An employment information centre has been established for unemployed
women which enlists their names and makes contacts with different Ministries
and Departments for jobs.
Although there is no legal restriction to women taking jobs in technical
fields, very few women are working in these areas as few have the required
qualifications.
The public sector has not been able to provide for flexible working hours to
adjust family responsibilities though provision for paid maternity leave
exists for women. Paternal leave as a concept has not yet been accepted in the
country though men sometime take leave during the childbirth of their wives.
2.10.4 Manufacturing and Service Sectors:
Both public and private manufacturing sectors generate about 58 percent value
added and employ about 18 percent of the total labour force (26). Women
constitute a high proportion of family based cottage industrial workers as
unpaid labourers. Due to impoverishment and adoption of new technologies in
]]>