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Report of the National Human Rights Commission, Bangladesh, on the Government’s 2015 CEDAW State Report Responding to CEDAW’s 2011 Concluding Observations Report of the National Human Rights Commission, Bangladesh, on the Government’s 2015 CEDAW State Report Responding to CEDAW’s 2011 Concluding Observations Preparation of this report was supported by the International Development Law Organization (IDLO) and the United Nations Development Programme (UNDP).
Copyright © 2015.
All rights reserved. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
Copyright © 2015.
All rights reserved.
The views expressed in this Publication are the views of the authors and do not necessarily reflect the views or policies of IDLO, UNDP or their Member Parties.
FOREWORD Bangladesh acceded to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) on 6th November 1984.
In compliance with the Convention, Government of Bangladesh submitted its 8th State Party periodic report to the UN CEDAW Committee in 2015. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
In line with its mandate, the National Human Rights Commission of Bangladesh (JAMAKON) submits the present report to provide an independent assessment of the status of Government implementation of its legal obligations under CEDAW.
JAMAKON, is constantly paying special attention to the rights of the women.
It has formed a special thematic Committee dedicated to the Women’s right. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
The Committee remains vigilant regarding the rights of Women in Bangladesh and reviews the state obligations under different International Instruments addressing the rights of Women.
JAMAKON organizes innumerable series of workshops, seminars, and roundtable discussions etc from time to time with stakeholders regarding women’s right.
Besides these, it conducts huge research works relating to women rights issue.
This report ends with a number of overarching comments on progress and remaining challenges. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
In fine, a safe conclusion can be drawn by saying that, the submission of this report by National Human Rights Commission of Bangladesh (JAMAKON) bears the testimony of the fulfillment of its commitment to the women rights issues. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
Professor Dr. Mizanur Rahman Chairman, National Human Rights Commission (JAMAKON), Bangladesh Dhaka, December, 2015 Table of Contents Introduction ............................................................................................................................ 04 CEDAW’s Concluding Observations (2011), the Government’s Response (2015), and the BNHRC’s Comment on This Response (2015) ......... 05 Concluding Remarks and Recommendations ........................................................... 38 I Introduction Bangladesh acceded to the Convention on the Elimination of Discrimination against Women (CEDAW) on 6 November 1984. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
In compliance with the Convention, the Government of Bangladesh submitted its 8th State Party periodic report to the UN CEDAW Committee in 2015.
(See Eighth periodic report of States parties due in 2015; CEDAW/C/BGD/8 of 27 May 2015.)
In line with its mandate, the National Human Rights Commission of Bangladesh (which also goes by the name ‘JAMAKON’ in Bangladesh) submits the present report to provide an independent assessment of the status of Government implementation of its legal obligations under CEDAW. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
In each section below, reproduces CEDAW’s main Concluding Observations, issued in 2011, in response to Bangladesh’s combined 6th and 7th reports submitted in 2009, indicates the measures the Government describes in its 8th periodic report that it has taken towards fulfilling CEDAW’s recommendations, and then adds the BNHRC’s comments on the State’s response.
The report ends with a number of overarching comments on progress and remaining challenges. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
report this 4 Report of the National Human Rights Commission, Bangladesh, on the Government’s 2015 CEDAW State Report Responding to CEDAW’s 2011 Concluding Observations II CEDAW’s Concluding Observations (2011), the Government’s Response (2015), and the BNHRC’s Comment on This Response (2015) Principal areas of concern and recommendations 9. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
The Committee recalls the obligation of the State party to systematically and continuously implement all the provisions of the Convention and views the concerns and recommendations identified in the present concluding observations as requiring the priority attention of the State party between now and the submission of the next periodic report. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
Consequently, the Committee urges the State party to focus on those areas in its implementation activities and to report on actions taken and results achieved in its next periodic report.
The Committee calls upon the State party to submit the present concluding observations to all relevant ministries, to the Parliament, and to the judiciary, so as to ensure their full implementation.
The Government reports (CEDAW/C/BGD/8 at para. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
The Government reports (CEDAW/C/BGD/8 at para.
31) that: Participatory consultation with Government ministries and CSO repre- sentatives, the national level review of the implementation of the BPFA, the recent review of the Sixth Five Year Plan, and data and information from Ministries and CSOs were the basis of the report.
Consultations with the Bangladeshi member of UNCEDAW Committee were held. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
nformation on the implementation status on the concluding observations of the UNCEDAW Committee on the Combined Sixth and Seventh Periodic report were collected for the period of January 2010 December 2014 by circulating a survey format to all Ministries. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
Report of the National Human Rights Commission, Bangladesh, on the Government’s 2015 CEDAW State Report Responding to CEDAW’s 2011 Concluding Observations 5 A working Group formed by Ministry of Women and Children Affairs (MOWCA) officials coordinated the process of report preparation.
The Process began in March 2014 and in December the timeline and process of reporting was shared with the representatives of all relevant Ministries and major CSOs. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
A committee comprising government and CSO representatives was formed.
Another meeting in January 2015 shared the first draft of the report.
Feedback and input received from the CSOs and ministries were incorporated into the final report.
BNHRC Comment: The Government has taken important strides to increase coordination at inter-ministerial level so as to strengthen more effective and timely report- ing to the CEDAW. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
The BNHRC is pleased to report that, for its own part, it also organized a number of consultations with CSOs to help further broaden the participation of civil society in reporting to the CEDAW, for example, the ‘Consultation on CEDAW Stakeholder Report Prepared by JAMAKON’ which was held in Dhaka on 15 June 2015.
Parliament 10. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
While reaffirming that the Government has the primary responsibility and is particularly accountable for the full implementation of the obligations of the State party under the Convention, the Committee stresses that the Convention is binding on all branches of government, and it invites the State party to encourage the Parliament, in line with its procedures, where appropriate, to take the necessary steps with regard to the implementation of the present concluding observations and the Government's next reporting process under the Convention. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
The Government reports (CEDAW/C/BGD/8) that: TThe Parliamentary Standing Committee for the Ministry of Women and Children Affairs, together with Women in Development Focal Point (WIDFP), WIDFP Implementation and Evaluation Committee in Development Focal Point Coordination (WIDFPIEC), Women Committee (WIDFPCC) and Women in Development Focal Point Network Committee (WIDFPNC) have been operation and that these mechanisms address gender concerns within the policies and plans of their respective ministries (para. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
37).
6 Report of the National Human Rights Commission, Bangladesh, on the Government’s 2015 CEDAW State Report Responding to CEDAW’s 2011 Concluding Observations A Gender Responsive Budgeting (GRB) with performance criteria on women’s advancement and gender equality was adopted and that Ministries provided estimates of budget allocation for gender equality and poverty reduction within the sectoral policy aligned with the identified priority areas. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
A report with action of all ministries was submitted to the Parliament on the progress of GRB during the Budget Session (para 39).
To ensure equality of women, the Women Development Policy (WDP) and National Action Plan (NAP) were developed in 2013 as well as a National Action Plan to prevent Violence Against Women and Children 2013 2025 to protect and ensure women’s human rights (para 40). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
Bangladesh has reserved seats in the Parliament and local government institutions and women can also contest in all elections.
The total number of women members including the 50 Members in reserved seats in the current Parliament is 70, which represent 20% in the total members (para. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
68), that there is an orientation programme for women members of Parliament that has been conducted in cooperation with development partners (para 72), that the Prime Minister is a woman, a woman has been appointed as the Speaker of the Parliament, and that the Leader of the Opposition, Deputy Leader and Whip of the House in the Parliament are women (para.
73). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
73).
However, the State report also notes that at the local government level the number of women has been increasing, and yet “their capacity is low in leading and negotiation” and that “[d]ue to the existing social norms and the political practices, women are still not competing in the general seats as expected.” Moreover, notes the State report: “The social norms again prevail in the dynamics of the local government institutions and men do not take women members as equal partners and colleagues” (para. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
74).
The Government shared the concluding observations with all ministries, the Parliamentary Standing Committee on MOWCA and CSOs (para.
128).
BNHRC Comment: the Government’s commitment The BNHRC welcomes towards implementation of the equality of women at the parliamentary level through the introduction of quotas and reserved seats for women. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
The BNHRC in planning and implementation of measures across government ministries to enhance promotion and protection of the human rights of women, including Gender Responsive Budgeting, that link the relevant parliamentary committees to to see greater coherence is pleased Report of the National Human Rights Commission, Bangladesh, on the Government’s 2015 CEDAW State Report Responding to CEDAW’s 2011 Concluding Observations 7 departmental implementation. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
However, the BNHRC remains concerned to see that these measures translate into meaningful improvement in the status of women in political decision making and as the beneficiaries of the WDP and national action plans.
departmental implementation.
However, the BNHRC remains concerned to see that these measures translate into meaningful improvement in the status of women in political decision making and as the beneficiaries of the WDP and national action plans.
Reservations 12. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
Reservations 12.
Recalling its previous recommendation (CEDAW/C/BGD/CO/5, para.236), the Committee urges the State party to expedite its efforts towards the withdrawal of its reservations to articles 2 and 16, paragraph 1 (c) within a concrete timeframe.
The Government reports that (CEDAW/C/BGD/8 at paras. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
44 and 45): Withdrawal of existing reservation on Article 2 and Article 16(1)(c) was considered and the Law Commission was requested to review the merits of the reservation and to provide appropriate recommendations.
Following the Law the examples of other Muslim Countries, Commission opined that “The Government of Bangladesh withdraws her reservation from Article 2 and Article 16.1(c) of the Convention on the Elimination of All Forms of Discrimination against Women. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
However, Bangladesh shall apply the provisions of these articles in compatibility and harmony with her Constitution and existing laws”.
The Government is considering the recommendation (para.
44).
The Government is aware about the potential movements by the Islamic fundamentalist groups against the withdrawal of the reservations.
Therefore, cautious steps are being taken so as not to jeopardize application of the principles of CEDAW. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
Partnership and cooperation with civil society is essential to create a positive environment for the withdrawal of the reservation (para.
45).
BNHRC Comment: The BNHRC appreciates the Government’s efforts to remove the reservation to Articles 2 and 16(1)(c). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
Article 2 of CEDAW sets forth all State party obligations with regard to implementation of the Convention and Article 16(1)(c) guarantees that women enjoy the “same rights and responsibilities during marriage and at its dissolution”, particularly in view 8 Report of the National Human Rights Commission, Bangladesh, on the Government’s 2015 CEDAW State Report Responding to CEDAW’s 2011 Concluding Observations from certain of staunch opposition fundamentalist constituencies. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
However, the Government stated that it was considering the Law Commission’s proposal to reformulate the existing reservation to the effect that Bangladesh withdraws its reservation but that “Bangladesh shall apply the provisions of these articles in compatibility and harmony with her Constitution and existing laws”. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
Although the Law Commission’s proposal seems to represent an improvement over the wording of the existing reservation, the BNHRC respectfully strongly disagrees with the Law Commission’s proposal on the following grounds of logic and the rules and principles of international law: a) first, the new formulation is self-contradictory, and therefore fails on logical grounds because, on the one hand, it purports to withdraw the existing reservation, but on the other hand, it maintains the substance of the original reservation by asserting the legal superiority of Bangladesh’s constitutional and existing law, which indeed includes religious law, trying to place domestic law over international law, in case of conflict between the two; b) second, domestic law cannot be considered to be superior to international law for that would contradict the very concept of law binding on States and it moreover conflicts with Article 27 of the Vienna Convention on the Law of Treaties, 1969, which reads: “A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty”; c) third, the proposed recommendation conflicts also with the Vienna Convention on the Law of Treaties, 1969, Article 19(3) of which stipulates a State may make a reservation provided it is not incompatible with the object and purpose of the treaty. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
However, Article 2 is essential to CEDAW’s implementation, and Article 16 is substantively important as well, such that reservations to these provisions will not be considered by the international community as legally valid. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
For example, when Saudi Arabia became a party to CEDAW on 23 September 1997, it entered a reservation that read: “[The Government of Saudi Arabia declares that it will] implement the provisions [of the above Convention], providing these do not conflict with the precepts of the Islamic Shariah.” On 25 July 2001, Sweden objected to Saudi Arabia’s general reservation as follows: “The Report of the National Human Rights Commission, Bangladesh, on the Government’s 2015 CEDAW State Report Responding to CEDAW’s 2011 Concluding Observations 9 Government of Sweden has examined the reservation made by the Government of the Kingdom of Saudi Arabia at the time of its ratification of the Convention on the Elimination of All Forms of Discrimination against Women, as to any interpretation of the provisions of the Convention that is incompatible with the norms of Islamic law. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
The Government of Sweden is of the view that this general reservation, which does not clearly specify the provisions of the convention to which it applies and the extent of the derogation therefrom, raises doubts as to the commitment of the Kingdom of Saudi Arabia to the object and purpose of the Convention. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
It is in the common interest of States that treaties to which they have been chosen to become parties are respected as to their object and purpose, and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties.
According to customary law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of the Convention shall not be permitted. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
The Government of Sweden therefore objects to the aforesaid general reservation made by the Government of the Kingdom of Saudi Arabia to the Convention on the Elimination of All Forms of Discrimination against Women.
This shall not preclude the entry into force of the Convention between the Kingdom of Saudi Arabia and the Kingdom of Sweden, without the Kingdom of Saudi Arabia benefiting from the said reservation”. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
Many other countries have raised similar very critical objections to Saudi Arabia’s standard reservation which it entered into numerous other multilateral human rights conventions. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
Bangladesh should therefore choose another path to avoid diminishing the image of its commitment to international human rights law before the international community at large; and d) fourth, in itself, the CEDAW Committee its General Recommendation on Article 16, (CEDAW/C/GC/29 of 26 February 2013) indicated that “Many of the States parties that maintain such legal arrangements have entered reservations to all or parts of articles 16 and 2. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
The Committee on the Elimination of Discrimination against Women has repeatedly noted with concern the extent of these reservations, which it considers invalid because they are incompatible with the object and purpose ofthe Convention. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
It has consistently called upon these States parties to withdraw their reservations and ensure that their legal systems, whether civil, religious, customary, or ethnic or some combination thereof, conform to the Convention in general and to article 16 in particular.” 10 Report of the National Human Rights Commission, Bangladesh, on the Government’s 2015 CEDAW State Report Responding to CEDAW’s 2011 Concluding Observations Legislation on discrimination against women 14. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
The Committee calls upon the State party to extend the application of the guarantees of equal rights between women and men to the private sphere in its Constitution in line with articles 1 and 2 of the Convention and in other appropriate legislation.
The Government reports that (CEDAW/C/BGD/8): Ensuring compliance of labour laws for private sector employers remained a challenge because many small and micro enterprises were run informally and the Government’s monitoring capacity was very limited. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
It was particularly difficult for Government to control minimum wages in the agricultural sector and in many low end jobs where women were concentrated owing to low educational attainment (para.
88).
Although labour law guaranteed maternity leave and access to child care facilities where more than fifty women are employed, day care centres for working women were inadequate. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
Some centers supported women garment workers in collaboration with employers, but “[i]n reality very few women enjoy all benefits as private sector organizations are reluctant to ensure these measures” (para.
144).
In public sector employment, women and men received equal benefits and pay at each level and their performance was assessed using the same criteria and standards.
Retirement benefits and medical support were also the same for both women and men. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
Women were allowed six month paid maternity leave and the existing quota for recruitment was applied.
In contrast, in the private sector, gender differences were apparent in terms of wage rates and women received on average two thirds of what men were paid.
The Government, therefore, emphasizes on enforcement of labour laws and to motivate employers in paying equal pay and benefits to women (para.172). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
BNHRC Comment: The Constitution of the People's Republic of Bangladesh guarantees freedom from discrimination on the basis of sex, but this guarantee extends only as far as the State and the public life. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
It does not apply to the private sphere, namely concerning matters related to marriage and family relations where women are denied both de jure and de facto equality by the personal laws which govern them, and it is therefore incumbent upon Report of the National Human Rights Commission, Bangladesh, on the Government’s 2015 CEDAW State Report Responding to CEDAW’s 2011 Concluding Observations 11 the Government to consider adopting legislation which would bring these areas under statutory regulation in line with CEDAW. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
At the same time, the BNHRC commends the Government for having adopted in 2010 the Domestic Violence Prevention and Protection Act.
Its preamble stresses Bangladesh’s obligations, as State party to the CEDAW and the CRC, to prevent and protect women and children from domestic violence. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
That the State has intervened and recognized that certain acts committed within the private family sphere constitute criminal offences must be considered an achievement for the advancement of the human rights of women in Bangladesh.
Discriminatory laws 16.
The Committee calls upon the State party to pursue without delay its law review process with the view to harmonizing its domestic legislation with its obligations under the Convention within a clear time frame. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
The Committee also urges the State party to enhance its law reform through partnership and collaboration with religious leaders, lawyers and civil society organizations including women's non governmental organizations.
The Government reports that (CEDAW/C/BGD/8 at paras. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
34-39): It put in place a series of institutional measures to promote equality, equal protection of law; and non- discrimination, including the National Council for Women and Children Development (NCWCD), National Council for Women Development (NCWD) chaired by the Prime Minister and comprising government, civil society, and women's organizations representative, which was merged in 2009 with the National Council for Child Development (NCCD) to become the National Council for Women and Children Development (NCWCD). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
This new body provides policy guidance and monitors the implementation of critical policy decisions on women's and children's development.
The Government also assigned the Ministry of Women and Children Affairs (MOWCA) the lead role for promoting gender equality throughout the Government.
A Policy Leadership and Advocacy Unit (PLAU) provides technical support to MOWCA in coordinating women's advancement activities within the Government.
The Annex D shows the existing institutional mechanism. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
In addition to the Parliamentary Standing Committee for MOWCA and Women in Development Focal Points in various ministries, the 12 Report of the National Human Rights Commission, Bangladesh, on the Government’s 2015 CEDAW State Report Responding to CEDAW’s 2011 Concluding Observations Government reiterated its range of Development Plans, including the Perspective Plan (2010 2021) which provides a framework for the implementation of the Government's Vision 2021, and the Sixth Five Year Plan (SFYP), 2011 2015 currently being implemented. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
At the same time, the Government has acknowledged (para.
47) that one of the more difficult challenges it has been facing with regard to reducing discrimination on grounds of gender has arisen from the fact that personal laws are governed by religious law and customs.
In some cases, these religious laws and customs feature discriminatory provisions concerning marriage and divorce, inheritance, guardianship, and in other areas. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
In order to modify personal laws, the Government must get the agreement of leaders of religious faiths, but “society is not yet ready to accept such modification and the Government being mindful of the possible repercussion of the conservative religious groups, taking cautious steps”. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
BNHRC Comment: The BNHRC lauds the Government for its efforts to work with religious and community leaders to realize the value of promoting equality and in fighting discrimination, and encourages the Government to redouble its efforts by education, mass media campaigns, and full engagement of faith leaders, and civil society organizations.
In lieu of a uniform family code, discriminatory laws related to family relations, i.e. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
marriage, divorce, guardianship, custody, inheritance and property, remain governed by religion(s) rather than the State.
Coupled by the profound effects they have on women, such laws represent one of the largest obstacles to women's securing both de jure and de facto equality in the country. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
In addition, discriminatory provisions in the Labour Act, 2006 restrict women's access to night work in factories; marital rape has yet to be prohibited by law; and the legal age of consent for marriage differs between men and women, at 21 and 18 years old respectively. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
Although Bangladeshi women are in general disadvantaged due to their gender as Article 28(4) of the Constitution recognizes such a position is even more accentuated in the case of women belonging to other layers of marginalized or vulnerable groups who discrimination and inequality.
Women's lack of access to assets, land, services, justice and decision making power becomes a double burden for female members of religious or ethnic minority communities, as well refugee women and those with disabilities. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
face multiple Report of the National Human Rights Commission, Bangladesh, on the Government’s 2015 CEDAW State Report Responding to CEDAW’s 2011 Concluding Observations 13 Despite Constitutional guarantees of equality for all, irrespective of caste or creed, in reality there exist Dalit communities, considered 'untouchable', who lack equal access to rights. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
Women of these communities contend with manifold forms of discrimination, yet a lack of research and data makes it difficult to understand or know the full picture.
Discrimination against Dalit women is reinforced by traditional norms and customs in Hinduism and Islam that deprive women of control not just over property but over their own bodies; they are also excluded from participation in politics, community development and employment. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
In 2014, an Anti Discrimination (Draft) Act was finalized by the Law Commission with the assistance of the BNHRC and in consultation with various other stakeholders.
The Act, which has been submitted to the Ministry of Law, Justice and Parliamentary Affairs for vetting, addresses discrimination against minorities and disadvantaged groups, including the gender dimensions of discrimination within these groups. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
The Citizenship (Amendment) Act, 2009 gave Bangladeshi women the right to transmit her citizenship to her children upon marriage to a foreigner.
Yet the BNHRC regretfully reports that the discriminatory provision under the Citizenship Rules 1978 whereby a Bangladeshi woman can only pass on her citizenship to her spouse once he has been a resident for 5 years, compared to a foreign wife who can receive her Bangladeshi husband's citizenship after only a two year residential requirement remains in place. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
14 Report of the National Human Rights Commission, Bangladesh, on the Government’s 2015 CEDAW State Report Responding to CEDAW’s 2011 Concluding Observations Stereotypes and harmful practices 18.
In line with its previous concluding observations of 2004 (CEDAW/C/BG- D/CO/5, para. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
246), the Committee calls upon the State party to: (a) Continue to accelerate efforts to eliminate discriminatory and stereotypi- cal attitudes; (b) Intensify cooperation in this regard with civil society organizations, including women's groups and community leaders, traditional and religious leaders, as well as the media; (c) Increase its efforts to design and implement strategies, including in education and through awareness raising programmes, targeting women and men at all levels of society, with a view to creating an enabling environment for the elimination of stereotypes and all practices that are discriminatory to women; (d) Monitor and periodically review the measures taken in order to assess their impact and take appropriate action. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
The Government reports (CEDAW/C/BGD/8 at para.
50 et.
seq.)
that: It drafted an action plan to prevent child marriage and that the National Text Book Board reviewed 24 books through a gender lens to gauge gender sensitivity in educational institutions.
It developed a National Broadcasting Policy in 2014 to promote wom- en’s productive roles.
The use of the mother’s name in key documents recognized the role of women and that government staff received training courses in gender sensitivity. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
Sexual harassment, euphemistically referred to as ‘Eve teasing’ has been incorporated as a punishable offence in the Mobile Court Act, 2009 which empowers the magistrate to hold summary trials to control harassment of girls.
The Child Marriage Restraint Act, 2014 has been drafted which would punish parents or guardians responsible for child marriages.
Marriage registrars are required to request compulsory production of the birth registration certificate during marriage. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
A CSO alliance called `Girls not Brides’ is working to eliminate child marriage together with the Govern- ment.
Local Government institutions work against dowry. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
Local Government institutions work against dowry.
Report of the National Human Rights Commission, Bangladesh, on the Government’s 2015 CEDAW State Report Responding to CEDAW’s 2011 Concluding Observations 15 It remains a challenge to eradicate harmful practices involving girls and women and son preference because some of the norms remain embed- ded within religious practices and “society is not yet ready to accept changes and some more time is necessary to change the social norms” (para.
52). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
52).
BNHRC Comment: The BNHRC welcomes the actions the Government has taken to counter the persistence of stereotypes and harmful practices involving girls and women because these problems keep girls and women in an inferior position in society and weaken prospects for reaching greater gender equality. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
and Negative perceptions and attitudes towards women and girls pervade the household and community level and are manifested in greater social ills such as VAW, poverty and underemployment, child marriage and a general lack of decision-making power.
A recent UNICEF study found 48% of women respondents stated that their husbands make all the decisions about their health, and 35% about their social life (UNICEF, ‘Women 2010. http://www.unicef.org/bangladesh/Women_and_girls_in_Bangladesh.pdf.
). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
).
A 2011 Bangladesh National Human Rights Commission baseline study found that over a quarter of respondents agreed discrimination against women was acceptable in the workplace and on the street; only 6.2% responded that discrimination in the community was never acceptable (National Human Rights Commission ‘Perceptions, Attitudes and Understanding: a Baseline Survey on Human Rights in Bangladesh’.
BNHRC, 2011). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
BNHRC, 2011).
Bangladesh, Bangladesh’, June Girls in 16 Report of the National Human Rights Commission, Bangladesh, on the Government’s 2015 CEDAW State Report Responding to CEDAW’s 2011 Concluding Observations Violence against women 20. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
The Committee urges the State party to give priority attention to combating violence against women and girls and to adopt comprehensive measures such as a national action plan to address all forms of violence against women and girls, in accordance with its general recommendation No.
19 (1992). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
It calls upon the State party to expeditiously: (a) Ensure that all forms of violence against women and girls, including domestic violence and all forms of sexual abuse are criminalized, that perpetrators are prosecuted and punished and that the women and girls who are victims of violence have access to immediate means of redress, rehabilitation and protection; (b) Remove any impediment faced by women in gaining access to justice and ensure that shalish decisions do not violate laws and do not lead to extrajudicial penalties; (c) Take effective measures to ensure the implementation of the existing legal framework including enactment of legislation on sexual harass- ment and organize training and awareness raising programmes for the judiciary and public officials, in particular law enforcement and health service personnel, in order to ensure that they are sensitized to all forms of violence against women and can provide adequate gender sensitive support to victims; (d) Establish counselling services and sufficient number of shelters for victims of violence in all parts of the country, including in rural areas; (e) Establish a database to collect data and information on the implementa- tion of the laws and policies in place to deal with all forms of violence against women and girls and on the impact of such measures; (f) Undertake studies and/or surveys on the extent of such violence and its root causes. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
The Government reports that (CEDAW/C/BGD/8 at paras.
55-58): The Domestic Violence (Prevention and Protection) Act, criminalizes VAW.
The Mobile Court Act, 2009 and other existing laws in effect also address different aspects of VAW.
There is also a national action plan on VAW (NAPVAW) 2013 2025, developed jointly with civil society that outlines actions against VAW. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
The High Court in 2010 provided guide- lines to employers and educational institutions to form policies to address sexual harassment in work places, educational institutions and Report of the National Human Rights Commission, Bangladesh, on the Government’s 2015 CEDAW State Report Responding to CEDAW’s 2011 Concluding Observations 17 other public places.
The High Court also directed the Government to enact legislation to address sexual harassment in public places. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
In 2011, the Appellate Division of the SC declared that fatwa could be issued on ‘religious matters’, but not for the purpose of imposing punish- ment.
The Pornography Control Act, 2012 declares any pornographic record- ing and broadcasting as criminal offence and that it has a separate section for child pornography. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
The Multi Sectoral Program on Violence against Women (MSP VAW) provides health care, police assistance, DNA testing, social services, legal assistance, psychological counselling and shelter for the woman victims through 8 One Stop Crisis Centers (OCCs).
One Stop Crisis Cells (OCCs) in sixty areas provide information and referral services. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
A National Forensic DNA Profiling Laboratory, a National Trauma Coun- selling Centre and Seven Victim Support Centres (VSC) have been established to provide legal support, medication, counselling, and emer- gency shelter to women and children victims.
The Acid Control Council Committee and 63 district committees support victims of acid attack.
Cyber Nirapotta (Cyber Crime Safety) Programme oriented 2,839 female college students about cyber security in 2014. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
The Police Headquarters has set up a ‘Special Cell’ comprising female police personnel and a Women Support and Investigation Division.
A Women’s Investigation Division established in 2011 under the Dhaka Metropolitan Police is a specialized unit to investigate cases under the Women and Children Repression Act, 2000 (Amendment 2003).
A Com- munity Policing Forum (CPF) operates in 64 districts and includes 33% women and cooperates with the community in dealing with sexual harassment and domestic violence. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
Thirty-two out of 35 Model Thanas have women police officers.
There are also Committees for the Prevention of VAW at district and Upazila (sub district) levels, as well as the Ministry of Home Affairs’ ‘Acid Cases Monitoring Cell’ equipped with a special fund to assist victims of acid attacks.
A web based Integrated Crime Data Management System at Police Headquarters preserves every reported incidence of violence. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
A nation- al survey on VAW carried out in 2011 by Bangladesh Bureau of Statis- tics (BBS) found that 87% of the respondents faced violence in the previous 12 months in one way or other.
The survey considered nine indicators on VAW agreed by UN Statistics Commission. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
18 Report of the National Human Rights Commission, Bangladesh, on the Government’s 2015 CEDAW State Report Responding to CEDAW’s 2011 Concluding Observations Despite taking measures, people still tolerated VAW, socio cultural factors made women vulnerable and some members of law enforce- ment agencies had not been adequately apprised of the issue. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
BNHRC Comment: The BNHRC welcomes all of the initiatives the Government has taken to eradicate VAW, as well as its admission that it faces serious challenges from the persistence of cultural attitudes, including on the part of some members of law enforcement agencies. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
The Human Development Research Centre, conducted a survey of VAW in the workplace across 5 sectors and found that: 87 % of women reported that they have observed VAW at their workplace; 79 % believe victims of VAW did not seek a remedy; rape had been reported by 1%, which is highest (4%) in shrimp processing industries; 30 % reported that 5 in every 10 female workers face VAW in the workplace; and 44% of Dhaka Medical College Hospital respondents reported having experienced violence in their personal the highest percentage per sector (Human Development Research Centre, ‘Baseline Survey to know the Extent and Severity of VAW in Selected Sectors’, Prepared for ILO Bangladesh, Dhaka: September, 2011). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
lives, The BNHRC conducted a countrywide survey on perceptions, attitudes and understanding of human rights issues.
Alarmingly, 63% of married women responded that violence against wives is acceptable for 'disobedience'; 35% said a marriage should be arranged between a woman or girl and her rapist; and 68% could not name any law that protects women from violence.
Dowry was the most commonly cited problem facing women in the country, followed by poverty and then violence by husbands. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
Despite the increasing number of State interventions against it, VAW continued to occur at alarming rates throughout the country, and as different reports suggest, was in fact increasing.
According to the Bangladesh National Woman Lawyer's association, VAW increased by 11% in 2014 from the previous year, including a 44% increase in domestic violence.
The Bangladesh Police report 21, 291 VAW crimes in 2014, the highest number in 13 years of reporting. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
The BNHRC wishes to point out that the numbers of incidents reported were just the tip of the iceberg; the actual number was much higher.
In its 2011 countrywide baseline survey, the BNHRC found that of those who reported an incident of VAW in the survey, nearly three quarters did not officially report it to anyone, and only 0.6% reported a sexual abuse. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
Report of the National Human Rights Commission, Bangladesh, on the Government’s 2015 CEDAW State Report Responding to CEDAW’s 2011 Concluding Observations 19 In short, the BNHRC welcomes the Government’s measures to eradicate VAW, and encourages the Government to engage more effectively with educational institutions, the media, civil society organizations, the BNHRC and international agencies to find ways to make these measures much more effective. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
Rape, sexual harassment, and VAW perpetrated as a result of religious fatwas remain very serious issues that can be addressed only by an intensified public campaign, led by Government in partnership with all sectors of society.
Trafficking and sexual exploitation 22. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
The Committee requests the State party to fully implement article 6 of the Convention, including through: (a) Incorporation of the SAARC Convention into the State party's legislation; (b) Intensification of its efforts with respect to international, regional and bilateral cooperation, including conclusion of bilateral agreements with neighbouring countries, in order to prevent trafficking and to harmonize legal procedures aimed at the prosecution of traffickers; (c) Adoption of a comprehensive action plan to address trafficking and sexual exploitation and ensure its effective implementation, as well as training of the judiciary, law enforcement officials, border guards and social workers across the country; (d) Collection and analysis of disaggregated data on all aspects of trafficking in order to identify trends and priority areas for action. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
The Government reports that (CEDAW/C/BGD/8 at paras.
61-67): It has developed the Prevention and Suppression of Human Trafficking Act (PSHTA) which ensures that human trafficking is investigated as a form of organized crime, by reaching across jurisdictions, and providing safe custo- dy and witness protection services, and that it had adopted a National Plan of Action 2012 14 on combating Human Trafficking. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
In 2013, 215 trafficking cases were prosecuted, up from 94 in 2012 which in 2013 had resulted in fourteen traffickers being convicted, including five to life imprisonment, eight to ten years’ imprisonment, and one to four months’ imprisonment.
Also, the Border Guard Bangladesh arrested 2,235 women and 817 children at the border while being trafficked to neighbouring coun- tries between 2010 14. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
20 Report of the National Human Rights Commission, Bangladesh, on the Government’s 2015 CEDAW State Report Responding to CEDAW’s 2011 Concluding Observations It had strengthened cooperation with India and had conducted a review of the SAARC Convention in collaboration with IOM to consider widening the scope of the SAARC Convention to cover human trafficking also for reasons other than prostitution. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
The Government also operated shelter homes, drop in centres, and safe homes as well as shelters at its embassy in Riyadh and consulate in Jeddah for female Bangladeshi workers fleeing abusive employers.
Moreover, there had been finalized a standard operating procedure (SOP) for Rescue, Recovery, Repatriation and Integration (RRRI) to ensure support services for victims of trafficking.
In collaboration with development partners and NGOs for law enforcement agencies (e.g. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
police, Border Guard of Bangladesh and Coast Guard), the Government trained the BGB members on victim and child friendly interview skills and other matters related to human trafficking detention and preven- tion.
An Inter ministerial Committee to prevent human trafficking was also set up which includes civil society representatives.
Cells have been established at the Criminal Investigation Department at Police Headquarters to monitor trafficking cases and victims. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
The Government noted that law enforcement agencies often remain uninformed on individual human trafficking attempts, which makes preven- tion and law enforcement difficult.
Government resources were also limited in terms of providing shelter and rehabilitation for victims.
Victims were also sometimes charged with prostitution or immoral behaviour and put in jail in other countries. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
BNHRC Comment: The Government has taken many concrete steps to address the issue of trafficking which includes the formation of an inter ministerial committee at the national level headed by the Secretary of the Ministry of Home Affairs, as well as committees in each District headed by Deputy Commissioners to monitor district levels.
Additionally, there are anti trafficking committees at the Upazilla and Union levels.
The Home Ministry has also established a Taskforce for Trafficked Women and Children. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2a/pw_3/1715702344710.pdf | http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd/page/348ec5eb_22f8_4754_bb62_6a0d15ba1513/NHRC%20Report%20on%20CEDAW%20Sate%20Report.pdf | Bangladesh |
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