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

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A Government representative quoted from the Bangladeshi Constitution, the preamble of which mentioned that the fundamental aim of the State was to realize a society free from exploitation - a society in which the rule of law, fundamental human rights and freedom, equality and justice, political and social, would be secured for all citizens. Article 10 of the Constitution stated that "steps shall be taken to ensure participation of women in all spheres of life", while article 19(1) stated that the "State shall endeavour to ensure equality of opportunity to all citizens". Furthermore, article 28(1) clearly prohibited discrimination, stating that the "State shall not discriminate against any citizen on grounds of religion, race, caste, sex or place of birth", and article 28(2) stated that "women shall have equal rights with men in all spheres of the State and of public life".

The Bangladesh Labour Law of 2006, which was a result of tripartite consultation, contained special provisions to ensure opportunities and rights of women. It also made all citizens eligible for employment and equal pay, irrespective of religion, race, caste, sex and place of birth. The Labour Law was in conformity with Convention No. 111.

Turning to the comment of the Committee of Experts, he noted that the first comment required reconsideration as there were sufficient legislative bans on discrimination in employment and occupation in Bangladesh. Regarding the second comment on participation of women in education and employment, the Constitution stated that there shall be equality of opportunity for all citizens in respect of employment of office in service of the Republic, and this was reflected in the Labour Law. The Law also permitted affirmative action in favour of women.

In Bangladesh, girls enjoyed free education up to higher secondary level, and the Government was considering extending this to university undergraduate level. In addition to normal facilities, female students had specific quotas for entering educational institutions and jobs. The Government ran programmes where female workers were separately enrolled for development of skills, education and economic empowerment. With respect to the Committee of Experts' comment on discrimination in equal access to employment, as well as the range of occupations, he could state that women in Bangladesh were not barred from entering any profession. Bangladesh's success in women's empowerment through microcredit was such that over 97 per cent of borrowers were women.

As to the third comment of the Committee of Experts concerning violence against women, including sexual harassment at work, the laws were unusually strict. The Suppression of Violence against Women and Children Act, 2000, was significant. Under this law, 42 special tribunals had been established in 33 districts, headed by senior judges. The Act provided severe punishment including life imprisonment for rape, abduction, dowry violence and trafficking. The Disabled Welfare Act, 2001, ensured equality of opportunity to disabled persons without gender discrimination. The Government had also established the Speedy Trial Tribunal 2002 to handle cases relating to violence against women and children, while the Women Convicted in Jail Privilege Act, 2006, provided skills to women convicts for reintegration after release. His Government believed that the Committee of Experts' third comment should have concluded the opposite of what it stated and was so general as to make it impossible to determine what would be a satisfactory answer.

Finally, he urged the Committee to consider the level of economic development of a country when its case was being examined.

The Employer members said that the case of Bangladesh in connection with this Convention was of great concern to the employers. The importance of the Convention resided in the fact that, apart from its ratification, it was mentioned in the 1998 ILO Declaration on Fundamental Principles and Rights at Work, which included the elimination of discrimination in employment and occupation.

In 2000 the literacy rate in Bangladesh was 54.6 and 42.5 per cent for men and women, respectively. In the two year period from 1995 to 1997, women represented only 8.57 per cent of the labour force in the public sector and independent organizations of the formal private sector.

Two observations were made. Firstly, with regard to the prohibition of discrimination as contained in Articles 1 and 2 of the Convention, although this prohibition was included in the Constitution, there was no law or provision in the Labour Code to enforce it. The Committee of Experts had requested the Government to include this prohibition in the reform, to examine the text before its adoption and, if necessary, to request ILO technical assistance. Secondly, they highlighted the low participation of women in employment and education. This had been confirmed by the United Nations report of 2005. The information provided by the Government on law and practice on this matter was scant. As the Committee had requested, the Government had to supply more detailed information with regard to the specific action taken to eliminate discrimination against women and to promote their access to education and vocational training and employment.

The Employer members added that the July 2004 report of the United Nations Committee on the Elimination of Discrimination against Women had reported the existence of widespread violence against women, including sexual harassment in the workplace. The Government had to adopt effective measures against sexual harassment, by means of laws, policies and procedures, with the participation of workers' and employers' organizations, and punish such practices.

The Worker members recalled the three points made by the Committee of Experts and stressed that only when the country's name was added to the list of potential cases did the Government provide the additional information required. According to this information, the new Labour Code would no longer allow discrimination at the workplace or in wages, secondary education would be guaranteed for girls and sexual harassment would disappear. It was indispensable that the Government provide further information in order to evaluate any progress made. The situation was supposed to have evolved but its description did not seem credible. In fact, equal opportunities for women existed neither in employment nor in education nor in vocational training. Forty-three per cent of women worked in agriculture, the large majority of whom received no remuneration as they work in family enterprises, a sector where workers enjoyed no legal protection. Apart from the garment sector, where they accounted for 80 per cent of the workforce, women were almost totally absent from the formal sector.

In Bangladesh, women were subjected to three types of serious discrimination: poor working conditions in the garment sector were actually worse for women; women could only find work in sectors where labour law was not applied, such as agriculture and export processing zones; and maternity leave was not granted.

According to a study carried out in 2000, their wages were only 58 per cent of men's, partly because they did not have access to skilled jobs. In 1997, 32 per cent of women workers earned less than the minimum wage as compared with 6 per cent of men. The situation was made worse by the fact that women found it difficult to get training, which was a preserve of men. To earn the minimum wage in the garment sector, namely US$23 per month, women worked six days out of seven, sometimes up to 12 hours a day.

The Worker members referred to the tripartite agreement signed on 12 June 2006, which guaranteed many rights, among which was the right to a letter of engagement, maternity leave, weekly time off and regulation of overtime. The Government had to ensure the implementation of the agreement and that women obtained their rights. The Worker members concluded by stressing that women workers in Bangladesh were among the most exploited workers, and had neither protection nor rights.

The Worker member of Bangladesh stated that discrimination of any sort, whether in respect of employment, or any other fundamental socio-economic right, had roots lying deep in the very core of society. To eradicate it, therefore, its root causes needed to be addressed. He acknowledged that although it was prohibited by law, gender discrimination still existed in his country, for two basic reasons. The first reason was socio-economic in nature: although Bangladesh had had, at the outset of nationhood, a large state-owned industrial sector, its industries were gradually privatized, beginning in 1975. Sixty per cent of these industries collapsed, whereas the rest of the private sector failed to prosper, in spite of measures by the Government to foster its growth. Bangladesh hence remained an underdeveloped and largely agrarian nation.

He observed that, according to a recent survey by the Bangladesh Institute of Labour Studies, 45 per cent of the working-age population of 80.8 million were unemployed, and of the unemployed 35 per cent were women. The fierce competition for jobs resulting from such massive unemployment posed a barrier to women's entry into the labour market. The second cause of gender discrimination was socio-cultural in nature. Though secularism had been a guiding principle of the nation since its foundation, politicians had exploited religion and religiosity for their gain, so that society was still saddled with traditional values deeming women's proper place to be in the household, not the workplace.

He maintained that legislation was important to overcoming these obstacles but was not, in itself, sufficient. Changing deeply rooted social values would require no less than a cultural movement. In this regard, he stated that the political transition his country was undergoing gave rise to the possibility of a thorough socio-cultural change which, he hoped, would overturn those values contributing to women's discrimination. Efforts to promote women's employment through legislation still played a vital role; nevertheless, he expressed regret, that the new labour law - apart from sections on maternity benefits and working hours for women - contained no such provisions.

He stated that the present Government was in fact an interim one, and had taken many steps to eradicate corruption and poor governance. It had also taken the initiative of ensuring the payment of minimum wages for garment workers, as agreed upon by a tripartite negotiation, and had enacted many new measures to fulfil its mission. He welcomed the Government's stated determination to free the trade union movement of political influences and called upon it to issue an ordinance on the recruitment and employment of a minimum quota of underprivileged women.

The Employer member of Bangladesh stated that several recently published studies confirmed that poverty had been reduced in Bangladesh, primarily through growth in the service sector and such labour-intensive sectors as food processing and footwear. This, in turn, had led to increased employment opportunities for women: 54 per cent of the new jobs created had gone to women, and that proportion was 80 per cent in the ready-made garment sector. Several press articles had highlighted a number of good employment practices to address gender discrimination, including the adoption of new approaches to generating employment and the collection of data disaggregated by sex. Problems still existed, of course, but these were in decline.

The main cause of Bangladesh's economic problems, he remarked, was a governance deficit in the labour market, and only by reducing poverty could the problem of gender discrimination be meaningfully addressed. He maintained that Bangladesh's efforts to reduce poverty and empower women had been acknowledged worldwide, as demonstrated by the awarding of the Nobel Peace Prize to Mohammed Yunus. The Committee of Experts ought to have noted such information, instead of relying on secondary information in formulating its comments.

He stated that he had served on the commission tasked with drafting the new Labour Code and that, in the process of the law's preparation, every effort had been made to incorporate the views of all groups by issuing public notices to different organizations. In spite of this, many of the groups solicited failed to reply, and the issue of gender discrimination did not figure prominently in the replies of those that did. Nevertheless, trade unions, women's non-governmental organizations (NGOs) and human rights NGOs were all closely associated with and contributed to the drafting of the new law.

He remarked that a new permanent law commission, headed by a former Chief Justice, had been created, and had the authority to receive complaints of gender discrimination. The Office ought to inquire as to whether any complaints had thus far been received. He concluded by stressing that the fundamental issue was whether, on balance, the problems related to gender discrimination were escalating or in decline. The latest information available demonstrated that they were in decline.

The Worker member of Japan stated that the Committee of Experts had in recent years, regularly been issuing observations on Bangladesh's implementation of this Convention. Observations were issued in 2000, 2003, 2005, and again this year - with a double footnote. The contents of the comments were almost always the same, as the reports submitted by the Government contained very little or no information, demonstrating a clear lack of progress in the Convention's implementation.

Although a new Labour Code was reportedly enacted, she remarked, it was shocking that nobody, including the Committee of Experts and the members of this Committee, had a precise notion of its provisions. She expressed concern moreover that from all available indications, the new law excluded certain groups of workers from the right to association and contained no provisions to promote gender equality. She strongly urged the Government to provide a copy of the new legislation, translated into English, so that the Committee of Experts could examine its conformity with the Convention's requirements.

She stated that, according to an analysis by her colleague, Tomasz Wojcik, 58.3 per cent of Asia's population were covered by the Convention. The people of Bangladesh should be able to count themselves among those enjoying the protections afforded by the Convention; unfortunately, such was not the case. She maintained that the present case was typical of others marked by a lack of progress, and brought to mind the familiar phrase "ratification is one thing, and implementation another". She called upon the Government to fulfil its obligations under the Convention by revising the law on the basis of tripartite consultations - while ensuring that the social partners' contributions were incorporated to the greatest extent possible - and reporting fully to the ILO supervisory bodies.

The Government member of Egypt referred to the statement made by the Government representative of Bangladesh, which gave information on the new Labour Code promulgated in the past months. She reiterated that some time was needed for the Government to apply the Code, and remedy the situation from the practical side. The ILO could also provide technical assistance and advice to the Government in that regard. She reiterated that non-discrimination in the employment of men and women in the labour market was one of the achievements that would help raise the level of economic development, which was an aim shared by all countries. She concluded that she hoped that the Committee would take into consideration the statement made by the Government representative of Bangladesh on his country's efforts to fulfil the requests made in the observation of the Committee of Experts. The Government could communicate to the ILO a copy of the new Labour Code.

The Worker member of Greece stated that he was dazzled by the picture drawn by the Government: workers benefiting from 16 weeks maternity leave; compulsory schooling for girls up to secondary school; judicial sanctions for violence against women. This picture was obviously far from the observations of the Committee of Experts. The Committee's information was perhaps out of date and the Government had perhaps accomplished great improvements and discrimination had actually been abolished. If this progress was true, the Government should be congratulated, but if the progress was only theoretical, the Government should be asked to appear once again before this Committee in order to explain the situation at the risk of having to hear that it had not told the truth.

The Government member of Belarus thanked the Government for its clear and well-argued presentation. He welcomed the 2006 adoption of the new Labour Code, the provisions of which would improve the country's labour situation and, as such, played an important role in the implementation of the Convention. He stated that, in addition to legal amendments, other programmes to increase women's participation in the workforce had been implemented as well. Of these, the microcredit programme in particular was an excellent model for the economic empowerment of women.

He observed that the issue of sexual harassment was a highly topical one. It existed everywhere, and in addressing the subject care must be taken to also consider such matters as the way of life and cultural norms of the country concerned. He expressed surprise that the Committee of Experts had failed to take note of the effective use of the courts in tackling the problem of sexual harassment. The Committee should fully consider all the available information and be more attentive in drafting its comments. He stated that the Government ought to be commended for its efforts. Assistance should be extended to allow it to increase its institutional and programme implementation capacities.

The Government member of Malaysia welcomed the Government's commitment to eliminating the practice of discrimination in its country, as demonstrated by the new Labour Code and several programmes to implement the provisions of the Convention. Such measures deserved the recognition of the entire Committee. He trusted that the Government would continue to fully respect and implement the Convention, and expressed the hope that it would continue to engage in constructive social dialogue as a means of doing so.

The Government member of Cuba stated that his delegation had noted that the Government of Bangladesh had recently adopted a new Labour Code which demonstrated the will of the Government to make progress in the implementation of labour standards. It was appropriate in such cases that this new document be presented to the Committee of Experts for evaluation. If there was any disagreement as to the conformity of the new law with the Convention, it would be appropriate that the Government consider the possibility of availing itself of the technical assistance of the ILO. This procedure was in line with the promotion of cooperation between the parties, in order to achieve the adoption of legislation and the application of laws which reflect the content and spirit of ILO Conventions.

The Government member of China stated that the principle of equality was embodied in the Constitution and new Labour Code. Taking note of the women's microcredit programme in particular, he remarked that the Government had also made genuine efforts to combat discrimination and apply the Convention in practice. He asserted that, as Bangladesh remained an underdeveloped country, its economic development was crucial to overcoming the challenges it faced in implementing the Convention. He concluded by encouraging the ILO and the international community to provide assistance to the Government in its efforts to promote gender equality at work.

The Government representative thanked all speakers for their comments. With respect to the comments made by the Worker member of Greece, he clarified that the new Labour Code provided for maternity leave for a period of eight weeks before birth, as well as a period of eight weeks after - 16 weeks in total. The new Labour Code, he stressed, was enacted after considerable discussion with the social partners and was available in Bengali, and would soon be translated into English.

He maintained that he had not intended to convey the impression that discrimination and sexual harassment had been completely eradicated in Bangladesh: clearly, those problems still existed. Nevertheless, considerable progress had been made, and the Government would continue to strive towards the complete elimination of discrimination in the workplace.

He stated that the purpose of the Committee's deliberations was not to "score points", but rather to work together towards the faithful implementation of ratified Conventions. With this common aim in mind, he suggested the possibility of establishing some mechanism for enhanced information sharing amongst the social partners. He concluded by emphasizing that the Government faced substantial limitations with regard to resources and institutional capacity. The Government needed time to overcome these limitations and trusted that, in this respect, it had the understanding of the members of the Committee.

The Employer members thanked the Government for the information supplied and requested that the progress made by Bangladesh with regard to the application of the Convention be evaluated. They said that they considered non-discrimination and equality of opportunity to be very important issues.

Ever since the adoption of the Declaration of Philadelphia, the Universal Declaration of Human Rights and the ILO Declaration on Fundamental Principles and Rights at Work, employers had been deeply committed to equality of opportunity. The Government had indicated that it had apparently made progress and this had to be corroborated through an analysis by the Committee of Experts. Bangladesh could request ILO technical assistance and had to cooperate with the ILO. They pointed out that the collaboration of employers' and workers' organizations was also important. The formulation of the Labour Code was part of that collaboration and its application also required the cooperation of workers and employers.

In conclusion, they thanked the Government of Bangladesh for the information provided and indicated that the relevant information on the progress made with the new Labour Code had to be submitted to the Committee of Experts for examination.

The Worker members expressed their doubts with respect to the Government's declaration. The picture described was too good to be true. The Government wanted to show that everything had changed: no more problems concerning freedom of association; a new labour law prohibiting all discrimination; compulsory schooling for all girls and no violence against women. After having considered proposing this case for a special paragraph, the Worker members decided to grant the Government one year to provide specific information to support its statement. In the case where a report did not allow, on its own, for an evaluation of the situation in practice, a direct contacts mission would be necessary.

The Government representative thanked the social partners for their comments and interest in the case. He also expressed appreciation that they had not called for the case to be placed in a special paragraph of the Committee's report. With regard to the proposal that a high-level mission should be undertaken to his country, he indicated that his Government was fully taken up with electoral reform at the present time, with a view to the adoption of the necessary legislation and the holding of fair and free elections in 2009. The process was extremely time-consuming and he was therefore not sure that the Government would be able to receive a high-level mission during that period. That would not prevent communication between the Government and the ILO through its office in the country, especially in relation to the legislative process. Moreover, all the necessary information would be provided so that the Committee of Experts could examine developments in the case.

The Worker members emphasized that it was for the Office to decide with the Government when the mission should take place. The mission had an important role to fulfil in assessing the situation and in doing so could help to prepare the ground for the next Government.

The Employer members recalled that they had indicated their willingness to support any type of measure which would provide a basis for improving the application of Convention No. 111 in Bangladesh. They therefore supported the Committee's conclusions and the proposal for a high-level mission. They left it up to the Government and the Office to decide on the most appropriate time to carry out this mission.

The Committee took note of the statement made by the Government representative, as well as the discussion that took place thereafter. The Committee noted that the Committee of Experts had commented on the need for a specific legislative ban on discrimination, the low participation of women in education and employment, and the widespread violence against women, including sexual harassment.

The Committee noted the information provided by the Government concerning the constitutional provisions, laws, policies and programmes in place to address discrimination against women, improve their access to education and employment, and prevent and punish violence against women. It also noted the information provided concerning the recent adoption of the Labour Code, and the programme on women's empowerment through micro-credit and micro-finance.

While noting the Government's expression of its commitment to promote gender equality and to eliminate discrimination against women, the Committee observed that serious gender-based inequalities continued to prevail in the labour market, as well as violence and sexual harassment against women. It expressed the firm hope that in the revision of the Labour Code provisions specifically prohibiting discrimination in employment and occupation had been adopted. The Committee urged the Government to submit the legislation, once it had been translated, to the Office in time for it to be examined in detail by the Committee of Experts at its session in 2007. The Committee also asked the Government to involve workers' and employers' organizations closely in the implementation of the Labour Code.

The Committee stressed the importance of addressing social and cultural traditions regarding the role of women in society and resulting occupational segregation, in order to promote gender equality in practice. The Committee called on the Government to take active measures to ensure that women have a real choice of a wider range of jobs and occupations, including through broadening their educational and employment opportunities. Concerning the issue of sexual harassment at work, the Committee requested the Government to provide specific information on the impact of the existing legislation to prevent and address this specific form of sex discrimination, as well as any other measures taken or envisaged in this regard, including information on the effectiveness of the dispute resolution mechanisms in place to address complaints of sexual harassment.

The Committee requested the Government to provide detailed information, in reply to all the comments of the Committee of Experts, as well as the information requested above in its report due this year. The Committee also urged the Government to accept an ILO high-level mission to assist with the effective application of the Convention in law and practice.

The Government representative thanked the social partners for their comments and interest in the case. He also expressed appreciation that they had not called for the case to be placed in a special paragraph of the Committee's report. With regard to the proposal that a high-level mission should be undertaken to his country, he indicated that his Government was fully taken up with electoral reform at the present time, with a view to the adoption of the necessary legislation and the holding of fair and free elections in 2009. The process was extremely time-consuming and he was therefore not sure that the Government would be able to receive a high-level mission during that period. That would not prevent communication between the Government and the ILO through its office in the country, especially in relation to the legislative process. Moreover, all the necessary information would be provided so that the Committee of Experts could examine developments in the case.

The Worker members emphasized that it was for the Office to decide with the Government when the mission should take place. The mission had an important role to fulfil in assessing the situation and in doing so could help to prepare the ground for the next Government.

The Employer members recalled that they had indicated their willingness to support any type of measure which would provide a basis for improving the application of Convention No. 111 in Bangladesh. They therefore supported the Committee's conclusions and the proposal for a high-level mission. They left it up to the Government and the Office to decide on the most appropriate time to carry out this mission.

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

Articles 1(1)(a) of the Convention and 5. Restrictions on women’s employment. Special measures of protection. For more than a decade, the Committee has been drawing the Government’s attention to the fact that section 87 of the Labour Act, which provides that the restrictions set out in sections 39 (restrictions of employment in certain work), 40 (work on dangerous machines) and 42 (underground and underwater work) of the Labour Act shall also apply to women workers, may have the effect of excluding women from work opportunities. The Committee notes the Government’s statement that a tripartite committee (workers, employers and Government) was formed, and the further amendment of the Labour Act is underway. Noting that, in 2022, an amendment to the Labour Rules 2015 was adopted, the Committee asks the Government:

• (i)to indicate whether the amended provisions address the restrictions on women’s employment; and
• (ii)to provide information on how it ensures any further obstacles to women participating in employment and occupation, such as stereotyped assumptions regarding the capacity and role of women in society, are eliminated. It asks the Government to provide information on any progress made in this regard.

Article 1(1)(b). Additional grounds of discrimination. Disability. The Committee notes that, according to the Bangladesh Bureau of Statistics, the disability rate was 9 per cent in 2017 (8 per cent for women). It notes from the Government’s report the adoption of: (1) the Rights and Protection of the Persons with Disability Rules, 2015; (2) the Disability Related Integrated Special Education Policy, 2019; (3) quotas for persons with disabilities (5 per cent quota for enrolment in technical schools and colleges, one per cent for 1st and 2nd class government jobs and 10 per cent for 3rd and 4th class government jobs); (4) tax incentives (5 per cent if a company employs at least 10 per cent of persons with disabilities); (5) the Bangladesh National Building Code 2020 for disability-friendly construction in every public place; and (6) the establishment of the Bangladesh Business and Disability Network (BBDN). The Committee notes the UT-ILS Committee observes that persons with disabilities are discriminated against and have very little access to employment in the private sector. It further notes that the United Nations Committee on the Rights of Persons with Disabilities (CRPD) expressed concern about: (1) discriminatory practices, including harassment, against persons with disabilities in employment, particularly against women with disabilities, persons affected by leprosy, persons with intellectual and/or psychosocial disabilities and workers in tea plantations, including unequal treatment in recruitment, the lack of individualised support and reasonable accommodation, inequality in remuneration and unfavourable employment conditions and benefits; (2) reported cases of sexual harassment in the workplace against women with disabilities and the lack of measures to prevent and protect them; and (3) the absence of effective incentives and affirmative action programmes to promote the inclusion of persons with disabilities in the open labour market, both in the public and private sectors (CRPD/C/BGD/CO/1, 9 September 2022, paragraph 51). In addition, the Committee notes that, according to the 2019 National Review Report for Beijing + 25, access to education, and employment is low for women with disabilities compared to that of men and with the increase of women’s mobility in public sphere, gender-based violence has created an insecure situation for women and girls. The Committee asks the Government to provide:

• (i)information on any measures taken to ensure that educational and employment quotas are applied and enforced, and the impact of those measures on the integration of men and women with disabilities in the labour market;
• (ii)information on any other practical steps taken to promote equality of opportunity and treatment for both men and women with disabilities in all aspects of employment and occupation, and ensure protection against violence and harassment including gender-based violence, and the results achieved;
• (iii)updated information on the employment rate of persons with disabilities, disaggregated by sex and work environment (segregated work environment or open labour market).

Articles 2 and 3. Equality of opportunity and treatment irrespective of social origin. Noting that the Government’s report does not provide any information in response to the Committee’s request for information, the Committee observes that the United Nations Committee on Economic Social and Cultural Rights (CESR) and the Human Rights Committee expressed specific concern about the persistence of a caste-based system resulting in Dalit workers being segregated in socially stigmatized service sectors that have been traditionally assigned to them and who are facing severe difficulties in accessing employment outside those sectors (E/C.12/BGD/CO/1, 18 April 2018, paragraph 31, and CCPR/C/BGD/CO/1, 27 April 2017, paragraph 11(d)). It recalls that, in its 2016 concluding observations, the UN Committee on the Elimination of Discrimination against Women (CEDAW) also expressed concern about Dalit women facing multiple forms of discrimination, about the abductions, sexual harassment, rape and intimidation of Dalit women, as well as their lack of access to public services and resources (CEDAW/C/BGD/CO/8, 25 November 2016, paragraph 40). The Committee notes the observations from the UT-ILS Committee according to which persons from the horizon community are viewed as able only to be cleaners, sweepers, or laboratory assistants who handle corpses.The Committee again recalls that discrimination in employment and occupation against men and women due to their real or perceived membership of a certain caste is prohibited under the Convention and that continuing measures, including legal measures, are required to end such discrimination. TheCommittee again asks the Government to provide information on:

• (i)any steps taken to combat stereotypes and prejudices based on social origin and to promote equal opportunity and tolerance among all sections of the population and raise public awareness of the legal prohibition of caste-based discrimination in employment and occupation;
• (ii)any measures taken aiming at ensuring equality of opportunity and treatment for socially disadvantaged groups, as well as on the results achieved by the various existing schemes and programmes in this regard;
• (iii)any initiatives taken or envisaged to put in place programs to open up and include Dalit people in public sector employment; and
• (iv)specific measures taken to address multiple forms of discrimination faced by Dalit women, including sexual harassment.

Equality of opportunity and treatment for indigenous people. The Committee notes the Government refers again to the 5 per cent quota reserved for minority groups in the public service. The Committee recalls that the Decent Work Country Programme (DWCP) for 2017–20 cites a recent study revealing that the existing 5 per cent quota is not being filled and that despite Government’s policy commitments, progress has been slow because of a lack of proper implementation of such policies. In response to its request, the Committee notes the Government’s indication that so far there have been no complaints received by a person from an ethnic minority group regarding sexual harassment. In this regard, the Committee recalls that the absence of complaints can indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see 2012 General Survey, paragraph 870). The Committee reiterates its request to the Government to provide information on the measures, including legal measures, taken to prevent discrimination and prejudice and to enhance equal opportunities and the equal treatment of indigenous peoples in employment and occupation. It again asks the Government to provide comprehensive information on:

• (i)the results achieved in practice by the various existing programmes and initiatives, including the implementation of the quotas, as well as on the stipend provided; and
• (ii)any measures taken to prevent and address specifically sexual harassment faced by indigenous peoples, in particular indigenous women, and to ensure their access to preventive measures and effective complaints mechanism.

Equality of opportunity and treatment irrespective of race, colour or national extraction. Rohingya refugees and migrant workers. The Committee notes that, according to the 2017 Labour Force Survey (LFS) of the Bangladesh Bureau of Statistics (BBS), migrants represented 19.3 per cent of the total population in 2017 (32.3 per cent are men and 67.7 per cent are women), of which 53.5 per cent were in the labour force. It notes the Government’s indication that migrant workers and refugees are always protected and there is no scope for discrimination based on race, colour, sex, religion or national extraction in employment and occupation. The Committee recalls that, in its 2016 concluding observations, the CEDAW expressed concern about the multiple forms of discrimination faced by Rohingya Women and girls; their lack of access to education, employment and freedom of movement; and the increased rates of trafficking they face (CEDAW/C/BGD/CO/8, 25 November 2016, paragraphs 20 and 40). The Committee recalls the particular vulnerability of migrant workers to discrimination and, that under the Convention, all migrant workers, including those in an irregular situation, must be protected from discrimination in employment on the basis of the grounds set out in Article 1(1)(a) (see 2012 General Survey on the fundamental Conventions, paragraph 778). Therefore, the Committee reiterates its request for the Government to provide information on the steps taken to ensure that migrant workers and refugees are effectively protected against discrimination based on race, colour, sex, religion or national extraction in employment and occupation. Referring to its 2018 General Observation on discrimination based on race, colour and national extraction, the Committee firmly encourages the Government to take steps to address prejudices and stereotypes against migrant workers and refugees and to promote mutual understanding and tolerance among all sections of the population.

Enforcement, training and awareness-raising. The Committee notes the Government’s indication that: (1) regular training activities for inspectors are ongoing and in 2020-21, 25 training sessions took place training 436 inspectors, 60 inspectors completed a foundational training course, 301 inspectors completed an in-house training program; (2) the Department of Inspection for Factories and Establishments (DIFE) conducts awareness building programs; training of trainers on gender-based violence and reproductive health; and developed the Operational Strategy to Prevent and respond to Gender Based Violence and Gender Discrimination in the Workplace under which 35,000 people including owners, mid-level management and workers will be trained; (3) the DIFE established a toll-free helpline for workplace complaints (from July 2021 to June 2022, two complaints of sexual harassment were received and addressed). The Committee also notes that the Bangladesh Employers’ Federation organizes training on labour related issues gender, diversity, occupational health and safety, industrial relations and disability issues. The Committee asks the Government to provide information on:

• (i)the implementation of the Operational Strategy to Prevent and respond to Gender Based Violence and Gender Discrimination in the Workplace;
• (ii)any other awareness-raising to promote non-discrimination, particularly among employers, workers and their respective organizations, and the general public;
• (iii)any capacity-building or training activities provided to employees, judges, labour inspectors and legal practitioners on the detection and treatment of cases of discrimination; and
• (iv)the number, nature (ground concerned) and outcomes (sanctions and compensation) of cases of discrimination dealt with by the enforcement authorities, including trough the helpline.

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

Article 1 of the Convention. Protection against discrimination. Definition and prohibition of discrimination in employment and occupation. Legislation. While noting the current humanitarian situation in the country, the Committee is bound to note that for a number of years, it has been drawing the Government’s attention to the absence of legislative provisions providing protection against discrimination based on all of the grounds listed in Article 1(1)(a) of the Convention, with respect to all aspects of employment and occupation as defined in Article 1(3) of the Convention and covering all workers. The Committee notes the TU-ILS Committee’s statement that there is discrimination in employment both in the private and public sectors. While noting the Government’s repeated statement that the Constitution provides protection against discrimination in employment and occupation, the Committee recalls that the main non-discrimination provision of the Constitution (article 28) provides for non-discrimination by the State but does not address the situation of the private sector and does not prohibit all of the grounds of discrimination enumerated in Article 1(1)(a). The Committee has repeatedly drawn the Government’s attention to the fact that: (1) the constitutional provisions providing for equality of opportunity and treatment, although important, are generally not sufficient to address specific cases of discrimination in employment and occupation; and (2) a more detailed legislative framework addressing specifically discrimination in employment and occupation is required. Such a framework could include the following elements: coverage of all workers; provision of a clear definition of direct and indirect discrimination, as well as sexual harassment; the prohibition of discrimination at all stages of the employment process; the explicit assignment of supervisory responsibilities to competent national authorities; the establishment of accessible dispute resolution procedures; the establishment of dissuasive sanctions and appropriate remedies; the shifting or reversing of the burden of proof; the provision of protection from retaliation; affirmative action measures; and provision for the adoption and implementation of equality policies or plans at the workplace, as well as the collection of relevant data at different levels (see 2012 General Survey on the fundamental Conventions, paragraphs 850–855). In this regard, the Committee notes that an Anti-Discrimination Bill, 2022, was submitted to Parliament in April 2022. Taking into account the difficult situation in the country and recalling that the absence of a clear and comprehensive legislative framework may prevent workers from availing themselves of their right to equal opportunity and treatment and non-discrimination, the Committee asks the Government to take steps to ensure that, in the framework of the current labour law reform, the Labour Act of 2006 is amended or the Anti-Discrimination Bill, 2022, is adopted with a view to: (i) prohibiting direct and indirect discrimination based on at least all of the grounds enumerated in Article 1(1)(a) of the Convention, with respect to all stages of employment and occupation, including recruitment; and (ii) covering all categories of workers, in both the formal and informal economy, including domestic workers. The Committee asks the Government to provide information on any progress made in this regard, as well as a copy of any new legislation, including the 2022 Amendment to the Labour Rules 2015. It further asks the Government to ensure the protection of men and women workers against discrimination in employment and occupation in practice, and particularly the categories of workers excluded from the scope of the Labour Act.

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

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

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

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

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Article 1(1)(b) of the Convention. Additional grounds of discrimination. Disability. The Committee notes with interest the adoption of the Rights and Protection of Persons with Disabilities Act, 2013. It notes from the Government’s report to the United Nations (UN) Committee on the Rights of Persons with Disabilities (CRPD), that section 37(1) of the Act provides that “notwithstanding anything contained in any other law in force, a qualified person with disability shall not be deprived of or discriminated against in giving employment on account of his/her disability, depending on the nature of disability, provided he has the requisite qualifications”. The Government adds that, as a result of the Skills Vision elaborated in 2016, in collaboration with the ILO and the European Union, in addition to the Government, a large number of private organizations have also successfully developed and implemented specific employment programmes for persons with disabilities (CRPD/C/BGD/1, 30 August 2018, paragraphs 145 and 148). The Committee, however, notes that in its 2018 concluding observations, the UN Committee on Economic, Social and Cultural Rights (CESCR) expressed concern that the employment quotas in place for persons with disabilities are inadequate and not properly implemented, and that persons with disabilities still face difficulties in accessing the labour market (E/C.12/BGD/CO/1, 18 April 2018, paragraph 31). The Committee asks the Government to provide information on the application of section 37(1) of the Rights and Protection of Persons with Disabilities Act, 2013, in practice, including on its impact on the integration of men and women with disabilities in the labour market. It asks the Government to provide information on any steps taken to promote equality of opportunity and treatment of persons with disabilities in all aspects of employment and occupation, including access to vocational training, access to employment and to particular occupations, terms and conditions of employment, and employment quotas and on the results achieved. The Committee also asks the Government to provide updated information on the employment rate of persons with disabilities, disaggregated by sex and work environment (segregated work environment or open labour market).

Articles 2 and 3. Equality of opportunity and treatment irrespective of social origin. In reply to the Committee’s request for information on persons belonging to socially disadvantaged groups, the Government indicates that the Programme for improving the living standards of some deprived minority groups or communities, such as Dalit, Harijan, Bede and Hizra, was continued in all districts of the country, and that 25,000 underprivileged people and 4,000 Hizra were to be beneficiaries. The Committee, however, notes that both the UN Committee on Economic, Social and Cultural Rights and the Human Rights Committee expressed specific concern about the persistence of a caste-based system resulting in Dalit workers being segregated in socially stigmatized service sectors that have been traditionally assigned to them and who are facing severe difficulties in accessing employment outside those sectors (E/C.12/BGD/CO/1, 18 April 2018, paragraph 31, and CCPR/C/BGD/CO/1, 27 April 2017, paragraph 11(d)). It further notes that, in its 2016 concluding observations, the UN Committee on the Elimination of Discrimination against Women also expressed concern about Dalit women facing multiple forms of discrimination, as well as about the abductions, sexual harassment, rape and intimidation of Dalit women, as well as their lack of access to public services and resources (CEDAW/C/BGD/CO/8, 25 November 2016, paragraph 40). Recalling that discrimination in employment and occupation against men and women due to real or perceived belonging to a certain caste is unacceptable under the Convention and that continuing measures are required to end any such discrimination, the Committee asks the Government to provide information on the: (i) steps taken to combat stereotypes and prejudice and to promote tolerance among all sections of the population; (ii) specific measures taken to raise public awareness of the legal prohibition of caste-based discrimination in employment and occupation; (iii) adoption and implementation of any new measures aiming at ensuring equality of opportunity and treatment of socially disadvantaged groups, as well as on the results achieved by the various existing schemes and programmes in this regard; and (iv) specific measures taken to address multiple forms of discrimination faced by Dalit women, including sexual harassment.

Equality of opportunity and treatment of indigenous people. The Committee previously requested the Government to provide statistics regarding indigenous peoples working in the public service and educational institutions, as well as information on the measures adopted or envisaged to ensure equality of opportunity in employment and occupation of indigenous peoples, including those living in the Chittagong Hill Tracts (CHT) region. It notes the Government’s repeated indication, in its report, that in the public service a 5 per cent quota is reserved for minority groups and that educational institutions have also introduced admission quotas for students from ethnic minorities, as well as stipends. The Government adds that several projects are being implemented, including within the framework of its Seventh Five Year Plan (FYP) for 2016–20, to promote equality of opportunity and treatment of indigenous peoples, mainly in the CHT region, to enhance access to more inclusive economic and livelihood opportunities. The Government also refers to a project currently undertaken in collaboration with the UNICEF in the CHT region for the period 2018–21 to establish, inter alia, four schools to provide formal vocational and technical education to 1,200 students from ethnic minority communities, as well as an adult literacy programme. The Committee notes that the Government also refers to two ILO technical cooperation projects on “protecting indigenous and tribal workers from unacceptable forms of work in Bangladesh”, implemented for 2017–19, as well as on “improving indigenous and tribal peoples’ access to justice and development initiatives through community-based monitoring". It notes that, as a result, capacity-building training was provided to 120 high level Government’s officials and 300 indigenous women and men on relevant provisions of UN Human Rights instruments. Regarding harassment in the workplace faced by indigenous women and men, the Government indicates that “One Stop Crisis Cells” have been established to provide information and support to victims of sexual violence. While welcoming the efforts made by the Government, the Committee notes that the Decent Work Country Programme (DWCP) for 2017–20 acknowledges that concrete data are lacking to assess progress towards equal opportunities for indigenous peoples in the sphere of productive employment. According to the DCWP, a recent study reveals that the existing 5 per cent quota reserved for minority groups in the public service is not being filled and that despite Government’s policy commitments progress has been slow because of a lack of proper implementation of such policies. The Committee further notes that in its 2017 concluding observations, the UN Human Rights Committee expressed concern about the lack of legal recognition of indigenous peoples and reported discrimination and restrictions on the civil and political rights of indigenous peoples, particularly in relation to land rights (CCPR/C/BGD/CO/1, 27 April 2017, paragraphs 11(c) and 17). Welcoming the projects directed at indigenous people, the Committee asks the Government to continue to provide information on the measures taken to fight against discrimination and prejudice and to enhance equal opportunities and the equal treatment of indigenous people in employment and occupation. It asks the Government to provide comprehensive information on the results achieved in practice by the various existing programmes and initiatives, including concerning the implementation of the quotas allocated for indigenous peoples in the public service and in educational institutions, as well as on the stipend provided. The Committee asks the Government to provide information on the measures taken to address sexual harassment in employment and occupation faced by indigenous people, including on the concrete impact initiatives such as the One Stop Crisis Cells have had in practice.

Equality of opportunity and treatment irrespective of race, colour or national extraction. Rohingya refugees and migrant workers. The Committee notes that the Government refers to the recent arrival of a large number of Rohingya people from Myanmar. While recognizing the challenges faced by the Government as host country, the Committee notes that in its 2016 concluding observations, the CEDAW expressed concern about: (i) the lack of access to education, employment and freedom of movement of Rohingya women and girls; (ii) the multiple forms of discrimination faced by them; as well as (iii) the increased rates of trafficking in Rohingya women and girls (CEDAW/C/BGD/CO/8, 25 November 2016, paragraphs 20 and 40). The Committee notes that, according to the 2017 Labour Force Survey (LFS) of the Bangladesh Bureau of Statistics (BBS), migrants represented 19.3 per cent of the total population in 2017 (32.3 per cent of men and 67.7 per cent of women), of which 53.5 per cent were in the labour force. The Committee asks the Government to take the necessary steps without delay to ensure that migrant workers and refugees are effectively protected against discrimination based on race, colour, sex, religion or national extraction in employment and occupation, and to provide information on any measures adopted to that end. Referring to its 2018 General Observation on discrimination based on race, colour and national extraction, the Committee firmly encourages the Government to take steps to address prejudices and stereotypes against migrant workers and refugees and to promote mutual understanding and tolerance among all sections of the population.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Enforcement. Referring to its previous comments, the Committee notes the Government’s repeated statement that labour inspectors are regularly trained on non-discrimination issues. It notes, however, that the Government seeks technical assistance from the Office concerning specific training to identify and address discrimination in employment and occupation. The Committee asks the Government to provide information on the concrete measures taken to enhance the capacity of the labour inspectors in order to ensure the effective implementation of the Convention and recalls that the Government can avail itself of the technical assistance of the Office in this regard. It asks the Government to provide information on the number of cases of discrimination dealt with by the labour inspectors, the courts or any other competent authorities, as well as the sanctions imposed and the remedies granted, while specifying the ground of discrimination concerned. In light of the lack of legislation fully reflecting the Convention, the Committee asks the Government to provide specific information on: (i) the concrete measures taken to raise awareness of the principles of non-discrimination and equality in employment and occupation, particularly among employers, workers and their respective organizations, and the general public; and (ii) any capacity-building and training activities provided to employees, judges, labour inspectors and legal practitioners on the detection and treatment of cases of discrimination, the elimination of discrimination and the promotion of equality in employment and occupation.

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Article 1 of the Convention. Protection against discrimination. Definition and prohibition of discrimination in employment and occupation. Legislation. For a number of years, the Committee has been drawing the Government’s attention to the absence of legislative provisions providing protection against discrimination based on all the grounds listed in Article 1(1)(a) of the Convention, with respect to all aspects of employment and occupation as defined in Article 1(3) of the Convention, and covering all workers. In its previous comments, the Committee noted that the Government did not take the opportunity of the adoption of the Bangladesh Labour (Amendment) Act of 2013 (Act No. 30 of 2013) nor of the Bangladesh Labour Rules of 15 September 2015 (S.R.O. No. 291-Law/2015) to include the principles of the Convention in its national legislation. In this regard, the Committee notes the Government’s repeated statement in its report that the Constitution provides protection against discrimination in employment and occupation. The Committee recalls that the main non-discrimination provision of the Constitution provides for non-discrimination by the State, but does not address the situation of the private sector and does not prohibit all the grounds of discrimination enumerated in Article 1(1)(a) of the Convention (Article 28 of the Constitution). The Committee again draws the Government’s attention to the fact that general equality and non-discrimination provisions in the Constitution, although important, have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation (see the 2012 General Survey on the fundamental Conventions, paragraph 851). The Committee also notes that several United Nations (UN) Treaty Bodies (Committee on the Elimination of Discrimination against Women, Human Rights Committee, Committee on Migrant Workers) have expressed concern that the Government has delayed the adoption of the “long-awaited comprehensive anti-discrimination legislation” and that, in 2018, the Human Rights Council, in the context of the Universal Periodic Review (UPR), recommended that the Government expedite the formulation of an anti- discrimination Act (A/HRC/39/12, 11 July 2018, paragraph 147). The Committee therefore urges the Government to take concrete steps without delay to ensure that the Labour Act of 2006 is amended or other anti-discrimination legislation adopted, in order to: (i) prohibit direct and indirect discrimination, on at least all of the grounds enumerated in Article 1(1)(a) of the Convention with respect to all aspects of employment and occupation; and (ii) cover all categories of workers, in both the formal and informal economy, including domestic workers. It asks the Government to provide information on any progress made in this regard, as well as a copy of any new legislation once adopted. The Committee further asks the Government to ensure the protection of men and women workers against discrimination in employment and occupation in practice, and particularly by the categories of workers excluded from the scope of the Labour Act.

Domestic workers. The Committee recalls that the Labour Act, 2006, excludes domestic workers from its scope of application. It notes the Government’s indication that, considering the economic and social settings of the country and the level of development of the inspection machinery, some sectors and occupations, such as domestic workers, mainly composed of self-employed and own-account workers, are excluded from the scope of the Labour Act. The Government indicates that this is because it is not feasible to apply all provisions of the Labour Act to them, but that such workers are being brought within the scope of the law gradually. The Committee recalls that all categories of workers, including domestic workers, should enjoy equality of opportunity and treatment irrespective of race, colour, sex, religion, political opinion, national extraction or social origin, in all aspects of employment (see 2012 General Survey, paragraph 778). The Committee notes that, in its 2016 concluding observations, the CEDAW highlighted the difficult situation of women domestic workers in the country and expressed concern that: (i) women domestic workers are subject to violence, abuse, food deprivation and murder; (ii) such crimes go unreported; and (iii) the victims have limited access to justice and redress (CEDAW/C/BGD/CO/8, 25 November 2016, paragraph 32). The Committee hopes that the Government will take the necessary steps to ensure that domestic workers are protected, in both law and practice, against any form of discrimination in employment and occupation and that they enjoy full equality of opportunity and treatment on the same footing as other workers without discrimination. The Committee asks the Government to ensure that domestic workers have effective access to adequate procedures and remedies and to provide information on the number, nature and outcome of complaints concerning discrimination in employment filed by domestic workers, disaggregated by sex, race national extraction, and social origin.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee previously noted section 332 of the Labour Act, which prohibits conduct towards female workers that is “indecent or repugnant” to their modesty or honour, and the guidelines on sexual harassment contained in a High Court ruling in 2009. The Committee notes the Government’s statement that, following the ruling of the High Court, several initiatives were implemented by the Ministry of Women and Children Affairs (MOWCA) to prevent any kind of gender-based violence, including through the implementation of the National Plan for the Prevention of Violence against Women and Children for 2013–25 and the establishment of several committees under different ministries, and a national centre for violence against women and children. While welcoming these initiatives, the Committee notes that the Government does not provide information on any activity or programme specifically targeting sexual harassment in employment and occupation. The Committee notes the Government’s statement that sexual harassment in employment and occupation is very rare and that workers, employers and their organizations are very much aware of their rights, obligations and procedures. However, the Committee notes that, as highlighted in the Decent Work Country Programme (DWCP) 2017–20, studies and data from the Bangladesh Bureau of Statistics (BBS) show that violence against women in the form of verbal and physical abuse is taking place among industrial workers. It further notes that, as highlighted in 2018 in the context of the UPR, the UN Special Rapporteur on violence against women reported that sexual harassment was also commonplace in various working environments and was sometimes justified as being “part of the culture” by state and non-state actors (A/HRC/WG.6/30/BGD/2, 19 March 2018, paragraph 54). The CEDAW also expresses concern at: (i) the lack of information on the impact of the ruling of the High Court requiring all schools to develop a policy against sexual harassment in schools and on the way to and from school; and (ii) the failure to implement the High Court guidelines concerning the protection of women from sexual harassment in the workplace (CEDAW/C/BGD/CO/8, 25 November 2016, paragraphs 18, 28(b) and 30(b)). Given the gravity and serious repercussions of sexual harassment on workers and also on the enterprise, the Committee highlights the importance of taking effective measures to prevent and prohibit sexual harassment at work which is a serious manifestation of sex discrimination (see 2012 General Survey, paragraph 789). The Committee encourages the Government to take steps to ensure that a comprehensive definition and a clear prohibition of both forms of sexual harassment (quid pro quo and hostile work environment) in employment and occupation is included in the Labour Act. It also asks the Government to take preventive measures, including awareness-raising initiatives on sexual harassment in employment and occupation and on the social stigma attached to this issue, among workers, employers and their respective organizations, as well as law enforcement officials, specifying the procedures and remedies available. It asks the Government to provide information on the number, nature and outcome of any complaints or cases of sexual harassment in employment and occupation dealt with by labour inspectors, the courts or any other competent authority, as well as updated statistical data on the extent of sexual harassment perpetrated against girls and women in education and in employment and occupation.

Articles 2 and 3. Equality of opportunity and treatment for men and women. Referring to its previous request regarding the measures taken to promote gender equality in employment and occupation and the results achieved, the Committee welcomes the Government’s statement that, as a result of the National Women Development Policy of 2011, several national action plans and programmes have been implemented to promote women’s entrepreneurship and access to productive employment. These plans and programmes include capacity-building on information and communication technology, and the establishment of a selling and exhibition centre (“Joyeeta”) to help in the selling of products from remote areas through the Women’s Association. The Committee notes that, as a result of the Northern Areas Reduction of Poverty Initiative (NARI) project (completed in December 2018), aimed at facilitating access to employment opportunities in the ready-made garments sector for poor and vulnerable women, training and employment was provided to 10,800 poor and vulnerable women aged 18–24 years of whom 3,236 have so far graduated. The Government adds that several programmes have been continued by the Rural Development and Cooperatives Division (RDCD), such as microcredit to promote the self-employment of rural and vulnerable women, and livelihood programmes in rural areas. The Government also refers to the introduction of a 15 per cent quota of women, in the public service, as well as a 60 per cent quota in the posts of primary school teachers, and that women are now allowed to join the armed forces. Furthermore, in order to increase women’s participation in tertiary education, arrangements have been made for stipends and 20 per cent of place are reserved for women in the Technical and Vocational Institute. The Committee notes the adoption of the Seventh Five-Year Plan (2016–20), for the implementation of the Government’s Vision 2021, which sets specific targets on gender equality, such as increasing literacy and enrolment in tertiary education for women, encouraging women’s enrolment in technical and vocational education, and creating good jobs for unemployed women and new entrants in the labour market by increasing their share of employment in the manufacturing sector from 15 to 20 per cent. The Committee notes that the new DWCP for 2017–20 encourages women’s enrolment in technical and vocational education to enhance their employability (outcome 1.2 of the DWCP). It notes that the DWCP acknowledges that gender inequality is evidenced by large differences in labour force participation rates, greater women’s involvement in vulnerable and informal employment and in wage differentials, and sets as a specific outcome in 2.1, the promotion of the ILO fundamental Conventions, including Convention No. 111, and the enhancement of constituents’ capacity for their better implementation. While welcoming the efforts made by the Government, the Committee notes that, according to the 2017 labour force survey of the BBS, the labour force participation rate of women remains far below that of men (36.4 per cent for women compared to 80.7 per cent for men), and their unemployment rate is twice as high as that of men (6.7 per cent for women compared to 3.3 per cent for men). It notes that women are mostly concentrated in agriculture (59.7 per cent) and manufacturing (15.4 per cent) and that, in 2017, only 0.6 per cent of women were managers, while 15.8 per cent of them were in elementary occupations. The Committee further notes that while almost 40 per cent of women are own-account workers, an increasing number of women (estimated at 91.8 per cent of women in 2017, compared with 85.6 per cent in 2005–06) are working in the informal economy which is characterized by low earnings and poor conditions. The Committee notes that several UN treaty bodies (such as the Human Rights Committee and the Committee on the Elimination of Discrimination against Women) have expressed concerns at the lack of implementation of the provisions of the Constitution and of existing laws on the rights of women and girls, due in part to prevailing patriarchal attitudes (CCPR/C/BGD/CO/1, 27 April 2017, paragraph 11(a), and CEDAW/C/BGD/CO/8, 25 November 2016, paragraph 10). It further notes that in its 2016 concluding observations, the CEDAW expressed concern at: (i) the low participation rate of women in the formal economy; (ii) the persistent patriarchal attitudes and discriminatory stereotypes about the roles and responsibilities of women and men; (iii) the limited efforts made by the Government to eliminate such stereotypes which constitute serious barriers to women’s equal enjoyment with men of their human rights and their equal participation in all spheres of life; (iv) the underrepresentation of women and girls in non-traditional fields of study and career paths, such as in technical and vocational education, and in higher education; and (v) the large number of girls dropping out of school between the primary and secondary levels of education owing to early child marriage, sexual harassment and early pregnancy, the low value placed on girls’ education, poverty and the long distances to schools in rural and marginalized communities. Further, the CEDAW was concerned about: (i) the limited access of rural women to education, land ownership and financial credit and loans from public banks, given that laws and policies do not recognize them as farmers; and (ii) persistent discrimination against pregnant women in the private sector and the lack of implementation of the six months maternity period provided for in the Bangladesh Labour (Amendment) Act of 2013 (CEDAW/C/BGD/CO/8, paragraphs 16, 28, 30, 32 and 36). The Committee therefore urges the Government to strengthen its efforts to address obstacles to women’s employment, in particular patriarchal attitudes and gender stereotypes and lack of access to productive resources, and to enhance women’s economic empowerment and promote their access to equal opportunities in formal employment and decision-making positions as well as by encouraging girls and women to choose non-traditional fields of study and occupations while reducing the number of girls dropping out of school early. The Committee asks the Government to indicate how the quotas in public employment (15 per cent) and applicable to primary school teachers (60 per cent) are implemented and the results achieved. The Committee also asks the Government to provide updated statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, in both the public and private sectors, as well as the informal economy.

Article 5. Special measures of protection. Restrictions on women’s employment. For more than a decade, the Committee has been drawing the Government’s attention to the fact that section 87 of the Labour Act, which provides that the restrictions set out in sections 39, 40 and 42 of the Labour Act shall apply to women workers as they apply to adolescent workers, are gender biased with respect to women’s capabilities and aspirations and may have the effect of excluding women from work opportunities. The Committee notes the Government’s statement that, despite the amendments made in 2013, these sections of the Labour Act were retained in order to protect the life and dignity of children and women. The Committee wishes to recall that protective measures for women may be broadly categorized into those aimed at protecting maternity in the strict sense, which come within the scope of Article 5, and those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, which are contrary to the Convention and constitute obstacles to the recruitment and employment of women. In addition, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (see 2012 General Survey, paragraphs 839–840). In light of the above, the Committee urges the Government to review its approach to restrictions on women’s employment and to take the necessary steps to ensure that section 87 of the Labour Act is modified so that any restrictions on the work that can be done by women are limited to maternity protection, in the strict sense, and are not based on stereotyped assumptions regarding their capacity and role in society. It asks the Government to provide information on any progress made in this regard.

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

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The Committee notes the observations of the Bangladesh Employers’ Federation, which are incorporated in the Government’s report relating to the Committee’s previous direct request.

Equality of opportunity and treatment of indigenous peoples. The Committee recalls its previous request to the Government for statistics regarding indigenous peoples working in the public service and educational institutions, as well as information on the measures adopted or envisaged to ensure equality of opportunity in employment and occupation of indigenous peoples, including those living in the Chittagong Hill Tracts (CHT) region. The Committee notes the Government’s indication that various provisions of the Constitution ensure such equality, and that there are quotas reserved for minority communities for recruitment into government service, as well as in educational institutions. Specifically, the Government indicates that indigenous students are provided with instruction in their mother tongue through the National Education Policy of 2010, and that the Government targets to provide stipends to 75 per cent of indigenous students for secondary and higher education, and that learning materials are provided free of cost to these students. The Committee also notes from the Government’s report to the Committee on the Elimination of Discrimination against Women (CEDAW) of 27 May 2015 that the Small Ethnic Groups Cultural Institutions Act of 2010, which aims, among others, to preserve and promote the traditional lifestyle of all ethnic communities, establishes a 5 per cent quota for ethnic minority candidates for recruitment in the public sector, as well as three to five places for ethnic minorities for enrolment in higher educational institutions. It also notes from this report that in the financial year 2014–15, the CHT Development Facility supported community empowerment through 1,686 Para Nari Development Groups and micro-grants for community projects, and that a Peace Makers’ Network has been formed with 47 members (13 of whom are women) trained on conflict mediation and peace building. It also notes that One Stop Crisis Cells have been established in the three hill districts in order to provide information and referral services to victims of violence, and that women in the Santal community have been trained in modern vegetable cultivation techniques, and women entrepreneurs of CHT have been introduced to bank financing (CEDAW/C/BDG/8, 27 May 2015, paragraph 114). The Committee also notes the Government’s continued commitment to work with the ILO through technical cooperation to promote equality of opportunity and treatment of indigenous peoples. The Committee welcomes the policy measures outlined above and requests the Government to provide detailed information on the results achieved through these and other measures to promote equality of opportunity and treatment of indigenous peoples, including through the Small Ethnic Groups Cultural Institutions Act of 2010. This information may include statistics on the implementation of the quotas allocated to indigenous peoples in the public service and in educational institutions, as well as the stipend provided, the content of the community projects supported by the CHT Development Facility, the results of the technical training provided to women in the Santal community, and the results of any technical cooperation projects concluded in collaboration with the ILO and/or other United Nations agencies. The Committee also requests the Government to provide more information on the measures taken to ensure that initiatives such as the One Stop Crisis Cells and the Peace Makers’ Network sufficiently address the harassment in the workplace faced by indigenous women and men, including through the provision of training to their staff on such issues.

Equality of opportunity and treatment irrespective of social origin. The Committee recalls its previous request to the Government to provide detailed information on the measures taken to promote access to education, training and employment for persons belonging to disadvantaged groups. It notes the Government’s indication that programmes such as savings/credit schemes, training for alternative livelihoods and access to social services have been provided for coastal fishing communities, that NGOs are engaged in development activities with the “sweeper” community, and that owners of tea plantations have agreed with trade unions to enhance wages and provide subsidized food. It also notes the Government’s indication that the Ministry of Social Welfare has implemented a capacity and livelihood development programme for socially disadvantaged women, including sex workers. The Committee further notes that the Ministry of Land gives priority to allocating “khas” land (state-owned land) to people from disadvantaged communities under the Asrayan project, and that owners of tea plantations are encouraged to earmark land within their estates to build dwelling structures for tea workers. The Committee welcomes the measures outlined above to promote increased access to education, training and employment for persons belonging to disadvantaged groups, and asks the Government to provide more information on the results of their implementation, including statistical data on the participants and the outcomes achieved disaggregated by sex and community group. The Committee also requests the Government to continue providing detailed information on other specific measures taken to promote equality of opportunity and treatment for all irrespective of social origin.

Labour inspection. The Committee recalls its previous request to the Government to provide information on the number of labour inspectors trained in non-discrimination and equality, and any other measures taken to enhance the capacity of labour inspectors. It notes that the Government repeats its previous indication that training for labour inspectors with regard to non-discrimination and equality is ongoing. The Committee reiterates its request to the Government to provide information on the number of labour inspectors trained in non-discrimination and equality, and any other measures taken to enhance the capacity of labour inspectors to identify and address discrimination in employment and occupation, as well as the results achieved by such measures, such as the number of complaints alleging discrimination in employment or occupation.

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The Committee notes the observations of the Bangladesh Employers’ Federation (BEF) which are included in the Government’s report.

Articles 1 and 2 of the Convention. Prohibition of discrimination. The Committee recalls that it has been raising concerns regarding the absence of legislative provisions prohibiting discrimination in employment and occupation based on all the grounds listed in Article 1(1)(a) of the Convention, with respect to all aspects of employment and occupation as defined in Article 1(3) of the Convention, and covering all workers. It notes the Government’s acknowledgement that it is the Government’s responsibility to guarantee equality of men and women in all spheres of life. The Committee notes however that the Government repeats its indication that the Constitution sufficiently provides such protection along with legislative provisions that, while not explicitly prohibiting discrimination, provide “safeguards for women and children”. In this regard, the Committee notes that the BEF highlights section 345 of the Bangladesh Labour Act of 2006 (BLA), which provides “[i]n determining wages or fixing minimum rates for any worker, the principle of equal wages for male and female workers for work of equal nature or value shall be followed and no discrimination shall be made in this respect on the ground of sex”. The BEF also refers to rule 14 of the Minimum Wages Rules that also provides for the protection of the principle of equal remuneration for work of equal value. Regarding the Government’s indication that the Constitution sufficiently provides protection against discrimination in employment and occupation, the Committee repeats that general equality and non-discrimination provisions in the Constitution, although important, have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation (see General Survey on the fundamental Conventions, 2012, paragraph 851). The Committee also recalls its previous comment in which it noted in particular that the main non-discrimination provision of the Constitution is aimed at ensuring that the State does not discriminate. The Constitution does not address the situation of the private sector and does not prohibit all the grounds of discrimination enumerated in Article 1(1)(a) of the Convention. Regarding the BEF’s indication, the Committee highlights that while the cited provisions of the BLA afford the protection granted by the Equal Remuneration Convention, 1951 (No. 100), they do not provide the necessary protection against discrimination in employment and occupation based on all the grounds listed in Article 1(1)(a) of the Convention, since only “sex” is protected under those provisions. Finally, the Committee notes that neither the Bangladesh Labour (Amendment) Act of 2013 (Act No. 30 of 2013) nor the Bangladesh Labour Rules of 15 September 2015 (S.R.O. No. 291-Law/2015) have taken into account the Committee’s previous comments. The Committee once again requests that the Government takes concrete steps to amend, in the near future, the Labour Act of 2006, so as to include a prohibition of direct and indirect discrimination, on at least all the grounds enumerated in Article 1(1)(a) of the Convention, with respect to all aspects of employment, and covering all categories of workers, including domestic workers, and to report on the progress made in this regard. In addition, the Committee requests the Government to provide more information on measures taken to ensure the principles of the Convention are reflected in future Bangladesh Labour Rules. Finally, the Committee reiterates its request to the Government to indicate how the protection of men and women workers against discrimination in employment and occupation is ensured in practice, in particular for those categories of workers excluded from the scope of the BLA.

Gender equality. The Committee recalls its previous request to the Government to indicate the measures taken to promote gender equality in employment and occupation. It notes the Government’s indication that due to positive measures, women have entered into traditionally male-dominated sectors, as well as the indication that the Ministry of Women and Children Affairs has been running special projects for training, education, welfare, safety and protection of women and children. It also notes that the Ministry of Labour and Employment has established six technical training centres for women to undergo vocational training. The Committee notes however that the report does not provide further details on the work of these centres nor on measures taken under the National Development Policy of 2011 and the National Education Policy of 2010. From the Government’s report to the Committee on the Elimination of Discrimination against Women of 27 May 2015, the Committee notes that the enrolment rate of girls in technical and vocational education is still only around 27 per cent, and that the proportion of women working in the public sector remains at 10.98 per cent (CEDAW/C/BGD/8, 27 May 2015, paragraphs 80 and 166). The Committee notes that the Government has not provided detailed information on the activities of the Rural Development and Cooperative Division, or regarding microcredit support to women for small-scale agricultural businesses. It does note, however, that sections 169(2) and 189(3) of the Bangladesh Labour Rules of 15 September 2015 establish a 10 per cent quota for women in the executive committee of a trade union if women make up 20 per cent or more of the workers’ workplace or workplaces, as well as the election of women in the Participation Committees that is proportionate to the number of women in each workplace. The Committee requests the Government to continue to provide information on the measures taken to promote gender equality in employment and occupation, and on the results achieved. In particular, the Committee requests the Government to provide information regarding: (i) the specific activities of the Ministry of Women and Children Affairs; (ii) the content of the training provided by the Women’s Technical Training Centres, indicating how it is ensured that access to education and vocational training for women is not limited in practice due to stereotyped assumptions regarding women’s roles and capabilities; (iii) the measures implemented under the National Development Policy of 2011 and the National Education Policy of 2010, as well as the activities of the Rural Development and Cooperative Division; and (iv) the immediate steps taken or envisaged to ensure that women have access to jobs in the public sector on an equal footing with men, including in senior management positions.

Sexual harassment. The Committee recalls that section 332 of the BLA prohibits conduct towards female workers that is indecent or repugnant to their modesty or honour, and the guidelines on sexual harassment included in a High Court judgment in 2009. The Committee also notes the Government’s indication that in the context of the ILO technical assistance project “Promoting gender equality and preventing violence against women at the workplace” undertaken between 2010 and 2012, awareness-raising activities to reduce sexual and non-sexual harassment of women in the workplace, targeting government officials, managers, trade union leaders and workers, were scheduled. The Committee also notes the Government’s indication that, in cooperation with workers’ and employers’ organizations, it has enacted appropriate laws, and adopted policies and mechanisms concerning sexual harassment. However, the Government does not provide any details in this regard, nor is information provided regarding the consideration of this issue in the context of the review of the draft Bangladesh Labour Rules. The Committee requests the Government to provide specific information on the measures taken or envisaged to ensure the implementation of the High Court’s guidelines on sexual harassment in the private and public sectors. The Committee also requests the Government to provide information on the progress made in enacting specific legislation on sexual harassment and in amending section 332 of the BLA. The Government is also requested to take measures to raise the awareness of workers, employers and their organizations regarding the rights, obligations and procedures with respect to sexual harassment in employment and occupation, and to provide specific information on progress made in this regard.

Article 5. Special measures of protection. The Committee recalls that the restrictions set out in sections 39, 40 and 42 of the BLA, which relate specifically to adolescent workers, also apply to women since section 87 of the BLA provides that “[t]he provisions of sections 39, 40 and 42 shall apply to a woman worker as they apply to an adolescent worker”. In response to the Committee’s observation that these provisions are gender biased with respect to women’s capabilities and aspirations, the Government indicates that, on the contrary, sections 39, 40, 42 and 87 of the BLA were enacted to protect the “weaker section” of society. In addition, the Government repeats its previous argument that 90 per cent of women are Muslim and therefore wear a sari, making it impossible for them to work safely with dangerous or moving machines. In this respect, the Committee notes that the BEF, like the Government, does not consider section 87 of the BLA to be discriminatory because women should not be compelled to wear the same light work clothes as men and would revolt if asked to do so. While noting the Government’s and the BEF’s explanations, the Committee reiterates its concern that such limitations are based on stereotyped assumptions, equating women with adolescents in need of heightened protection, and are likely to impact negatively on women’s employment opportunities. The Committee recalls that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, and that it may be necessary to examine what other measures are necessary to ensure that women can access these types of jobs on an equal footing with men (see General Survey, 2012, paragraph 840). The Committee notes that the Government once again provides no information regarding the legislative review which was expected to address these provisions. The Committee once again requests the Government to take steps to review and amend sections 39, 40, 42 and 87 of the BLA, with a view to ensuring that women are able to access employment on an equal footing with men as opposed to the current situation which only ensures their access to employment on an equal footing with adolescents, and that any limitations or restrictions applying to women are strictly limited to maternity protection and breastfeeding.

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

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The Committee notes the observations of the Bangladesh Employers’ Federation which are incorporated in the Government’s report relating to the Committee’s previous direct request.

Equality of opportunity and treatment of indigenous peoples. The Committee notes that under the ILO project on “Building capacities on indigenous and tribal people’s issues in Bangladesh: Rights and good practices”, several training activities on indigenous peoples’ rights and development had been provided for traditional leaders, national and local NGOs and parliamentarians for the period of 2009–11. During this period, the National Human Rights Commission has incorporated ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), in its target strategy. The ILO project has been renewed for the period from January 2012 to June 2014, and is aimed at giving stakeholders a clear understanding of the provisions and application of indigenous peoples’ rights, ensuring the integration of indigenous peoples’ rights in national and international standards and policies, and establishing and strengthening monitoring and coordination mechanisms for the implementation of indigenous peoples’ rights. The Committee also notes the statistics on the number of appointments of tribal peoples in public departments, and the Government’s indication that quotas for minority communities are allocated for the governmental service and for admission to educational institutions. The Government also aims to provide a stipend to 75 per cent of the indigenous students in higher education. The Committee further notes the Government’s indication that by implementing different projects in the Chittagong Hill Tracts region, the awareness concerning equality has been raised among the indigenous peoples. The Committee asks the Government to provide detailed information, including statistics, on the quotas allocated for indigenous peoples in the public service and in educational institutions, and on the stipend provided, their implementation in practice, and the results achieved. Please also continue to provide information on the measures taken to promote and ensure equality of opportunity in employment and occupations of male and female indigenous peoples in the Chittagong Hill Tracts region, as well as in the other parts of the country, and the results of such measures. The Committee also asks the Government to provide information on any further steps taken or envisaged with a view to the ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169).

Equality of opportunity and treatment irrespective of social origin. The Committee recalls the Government’s acknowledgement concerning disadvantaged groups in the context of the National Strategy on Accelerating Poverty Reduction II, 2009–11. The Committee notes the Government’s indication that occupations for communities including kaibarta/namasudra, jalo, dhopas, napits are diminishing, and that the Ministry of Social Welfare has implemented a capacity and livelihood development programme for socially disadvantaged women, including sex workers. The Committee asks the Government to provide detailed information on the specific measures taken to promote increased access to education, training and employment of persons belonging to disadvantaged groups, including on the capacity and livelihood development programme for women belonging to disadvantaged groups, and the impact of such measures.

Labour inspection. The Committee notes the Government’s indication that training for labour inspectors with regard to non-discrimination and equality is ongoing. It also notes the observation by the Bangladesh Employers’ Federation that a more active role for labour inspectors in enforcing the provisions of law at the workplace is sine qua non for the economic development and social justice. The Committee asks the Government to provide information on the number of labour inspectors being trained on non-discrimination and equality, and any other measures taken to enhance the capacity of labour inspectors to identify and address discrimination in employment and occupation, as well as the results achieved by such measures.

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Articles 1 and 2 of the Convention. Prohibition of discrimination. For a number of years, the Committee has been raising concerns regarding the absence of legislative provisions prohibiting discrimination in employment and occupation based on all the grounds listed in Article 1(1)(a) of the Convention, with respect to all aspects of employment and occupation as defined in Article 1(3) of the Convention, and covering all workers. The Committee notes that the Government cites sections 19(1), 27 and 28 of the Constitution, which provide respectively that the State shall endeavour to ensure equality of opportunity to all citizens (section 19(1)); all citizens are equal before the law (section 27); the State shall not discriminate against citizens on the grounds only of religion, race, caste, sex or place of birth (section 28(1)); and women shall have equal rights with men in all spheres of State and public life (section 28(2)). The Committee recalls that general equality and non-discrimination provisions in the Constitution, although important, have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation (General Survey on the fundamental Conventions, 2012, paragraph 851). The Committee notes in particular that the main non-discrimination provision of the Constitution is aimed at ensuring that the State does not discriminate, and does not address the situation of the private sector nor does it prohibit all the grounds of discrimination enumerated in Article 1(1)(a) of the Convention. The Government provides no information on the outcome of the tripartite review of the Labour Act, which was scheduled to take place in 2009 and 2010, referred to in its previous reports. The Committee asks the Government to take concrete steps to amend the Labour Act of 2006, so as to include a prohibition of direct and indirect discrimination, on at least all the grounds enumerated in Article 1(1)(a) of the Convention, with respect to all aspects of employment, and covering all categories of workers, including domestic workers, and to report on the progress made in this regard. The Committee reiterates its request to the Government to indicate how the protection of men and women against discrimination in employment and occupation is ensured in practice, including for those categories of workers excluded from the scope of the Labour Act.

Gender equality. The Committee welcomes the adoption of the National Women’s Development Policy 2011 and the National Education Policy 2010. The main goals of the National Women’s Development Policy include ensuring full and equal participation of women in the mainstream activities of socio-economic development, building women’s capacities through education and skills development, and eliminating all forms of discrimination against women and girls. Pursuant to the National Education Policy, the main objectives for women’s education include encouraging and enhancing the efficiency of women to participate in decision-making processes, and ensuring women’s participation in socio-economic development by engaging in different economic activities or self-employment. The Committee also notes the Government’s indication that 62.28 per cent of the total allocation by the Rural Development and Cooperative Division is estimated to benefit women and girls; the Government also provides credit support to women for agricultural activities, as well as microcredit support to women for small-scale agricultural businesses. While welcoming these measures, the Committee observes that there remains significant gender segregation in the labour market. For example, the participation rate of women in the nursing college is 100 per cent, and in the directorate of nursing it is 92.5 per cent. The employment of women in the primary education sector is also high, and in non-registered private schools 95.2 per cent of the total number of teachers are women. In addition, a total of six Women’s Technical Training Centres have been established, targeted at women who migrate as domestic workers to Middle-Eastern countries. The Committee also notes that the Bangladesh Computer Council has introduced a training course on information and communications technology specifically for women, benefiting 70 women in 2010–11. The Committee asks the Government to continue to provide information on the measures taken to promote gender equality in employment and occupation, and the results achieved. The Committee also asks the Government to provide further information on the content of the training provided by the Women’s Technical Training Centres, and to indicate how it is ensured that access to education and vocational training for women is not limited in practice due to stereotyped assumptions regarding women’s roles and capabilities. Recalling its previous comments, the Committee again urges the Government to take immediate steps to ensure that women have access, on an equal footing with men, to jobs in the public sector, and to provide full statistical information on the situation of men and women in the labour market, and in education and training.

Sexual harassment. The Committee recalls section 332 of the Labour Act prohibiting conduct towards female workers that is indecent or repugnant to their modesty or honour, and the guidelines on sexual harassment issued by the High Court judgment in 2009. The Committee also notes the Government’s indication that in the context of the ILO technical assistance project “Promoting gender equality and preventing violence against women at the workplace” from 2010 to 2012, awareness-raising activities to reduce sexual and non-sexual harassment of women at the workplace, targeting government officials, managers, trade union leaders and workers, were scheduled to be undertaken. The Committee also notes the Government’s indication that, in cooperation with workers’ and employers’ organizations, it has enacted appropriate laws, and adopted policies and mechanisms concerning sexual harassment. However, the Government does not provide any details in this regard, nor is information provided regarding the consideration of this issue in the context of the review of the Labour Act, as previously indicated by the Government. The Committee asks the Government to provide specific information on the measures taken or envisaged to ensure the implementation of the High Court’s guidelines on sexual harassment in the private and public sectors. The Committee also asks the Government to provide information on the progress made in enacting specific legislation on sexual harassment and in amending section 332 of the Labour Act. The Government is also requested to take measures to raise the awareness of workers, employers and their organizations regarding the rights, obligations and procedures with respect to sexual harassment in employment and occupation, and to provide specific information on progress made in this regard.

Article 5. Special measures of protection. The Committee recalls that it has previously raised concerns regarding sections 39, 40 and 42, read with section 87 of the Labour Act 2006, which it considers to be gender biased with respect to women’s capabilities and aspirations. The Committee recalls that pursuant to section 87, restrictions set out in sections 39, 40 and 42, which relate specifically to adolescent workers, including regarding working with machinery, are applied to women. The Committee notes the Government’s indication that 90 per cent of women are Muslims, and wear a sari, therefore, they cannot work safely with dangerous or moving machines. While noting the Government’s explanation, the Committee remains concerned that such limitations are based on stereotyped assumptions, equating women with adolescents in need of heightened protection, and are likely to impact negatively on women’s employment opportunities. The Committee recalls that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, and that it may be necessary to examine what other measures are necessary to ensure that women can access these types of jobs on an equal footing with men (General Survey, 2012, paragraph 840). The Committee notes that the Government again provides no information regarding the legislative review which was expected to address these provisions. The Committee asks the Government to take steps to review and amend sections 39, 40, 42 and 87 of the Labour Act, with a view to ensuring that women are able to access employment on an equal footing with men, and that any limitations or restriction applying to women are strictly limited to maternity protection.

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

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

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

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

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

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The Committee recalls that in its previous observations it has been raising issues relating to the importance of including a prohibition of discrimination in the Labour Act in conformity with the Convention; the need for full information on the specific action taken to eliminate discrimination against women and promote equality with respect to their access to employment, and to education and vocational training; and the urgent need to take active measures to address the issue of sexual harassment at work through appropriate laws, policies and mechanisms. The Committee recalls that these issues had also been discussed by the Conference Committee on the Application of Standards on the application of the Convention by Bangladesh in June 2007.

Articles 1 and 2 of the Convention. Prohibition of discrimination. The Committee recalls that the Labour Act of 2006 does not contain a prohibition of discrimination in employment and occupation based on all the grounds listed in Article 1(1)(a) of the Convention and with respect to all aspects of employment and occupation as defined in Article 1(3), that is access to vocational training, access to employment and to particular occupations, and terms and conditions of employment, including advancement and promotion. Also, the Labour Act does not apply to a number of categories of workers, including domestic workers. The Committee notes that a tripartite committee was to review the Labour Act of 2006 during 2009 and 2010 with a view to ensuring better compliance with international  labour standards. The Committee asks the Government to provide information on the outcome of the review of the Labour Act. It also  requests the Government to take the necessary measures to ensure that the amendments to the Labour Act will include a prohibition of direct and indirect discrimination, on at least all the grounds enumerated in Article 1(1)(a) of the Convention, with respect to all aspects of employment, and cover all categories of workers, including domestic workers, and it requests the Government to report on the progress made in this regard.  The Committee reiterates its request to the Government to indicate how the protection of men and women against discrimination in employment and occupation is ensured in practice, including for those categories of workers excluded from the scope of the Labour Act.

Gender equality in employment and occupation. The Committee recalls the serious gender-based inequalities in the labour market. It also recalls the need to ensure that women have a real choice of a wider range of jobs and occupations, including through broadening their educational and employment opportunities and addressing the root causes of gender inequality in the labour market. These root causes would include gender-based discrimination in hiring and stereotypical views and behaviour that confine women to training and work which are considered “suitable” for them. The Committee notes with regret that once again the Government’s report only includes very broad statements about action taken to enhance women’s participation in employment and vocational training, and that, since the discussion by the Conference Committee in 2007, no information has been provided demonstrating that the Government is actively addressing the seriously disadvantaged position of women in employment and occupation. The Committee urges the Government to take immediate steps to:

(i)    address the root causes of gender inequality in the labour market, including gender-based discrimination in hiring and stereotypical views, and behaviour that confines women to employment and training which are considered “suitable”;

(ii)   take effective measures to ensure that women have access, on an equal footing with men, to jobs in the public sector;

(iii)  take specific action to eliminate discrimination against women and to promote equality in respect of their access to education, including vocational training, as well as their equal access to employment and the widest range of occupations; and

(iv)  provide full statistical information on the situation of men and women in the labour market, including on women’s employment at all levels of the public service, and in education and training, and full information on the results secured by any action taken referred to in points (i)–(iii).

Sexual harassment. The Committee recalls the legal uncertainty as to what constitutes prohibited conduct under section 332 of the Labour Act of 2006, which prohibits behaviour in establishments that employ female workers “which may seem to be indecent or repugnant to the modesty and honour of the female worker”. The Committee notes the Government’s statement that the review and amendment of the Labour Act will consider including an appropriate definition of sexual harassment at work.

The Committee notes with interest the landmark judgment of the Bangladesh High Court of 14 May 2009 in Bangladesh National Women Lawyers Association v Government of Bangladesh and Others, issuing guidelines on sexual harassment. The High Court considered that equality in employment can be seriously impaired when women are subjected to sexual harassment at the workplace and in educational institutions, and that protection from sexual harassment and the right to education and work with dignity are universally recognized human rights, and the common minimum requirement of these rights has received global acceptance. It considered that the international Conventions and norms are, therefore, of great significance in the formulation of the guidelines to achieve its purpose. The Court’s guidelines on sexual harassment, which shall be observed in all workplaces and educational institutions in the public and private sectors (paragraph 1), provide a detailed definition of sexual harassment covering both quid pro quo and hostile environment harassment (paragraph 4). The guidelines identify the steps required of employers and educational institutions to prevent sexual harassment, including awareness raising about and widely publicizing of the guidelines and the legislative provisions regarding gender equality and sexual offences (paragraphs 3, 5 and 6). They also cover disciplinary action (paragraphs 7 and 11), a complaints mechanism, including the establishment of a complaints committee in all workplaces and educational institutions (paragraphs 8–10), and criminal proceedings (paragraph 11). In view of the inadequacy of safeguards against sexual abuse and harassment of women at workplaces and educational institutions, the High Court felt compelled to issue guidelines on sexual harassment, which will have the force of law until adequate and effective legislation is in place. The Committee asks the Government to provide information on the measures taken or envisaged to ensure the implementation of the High Court’s guidelines on sexual harassment in the private and public sectors. Understanding that a draft law on sexual harassment based on the High Court Judgement of 2009 is being discussed, the Committee requests the Government to provide information on the progress made in enacting specific legislation on sexual harassment and in amending section 332 of the Labour Act of 2006.

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

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Article 2 of the Convention. Equality of opportunity and treatment of tribal peoples. The Committee notes the Government’s indication that the Ministry of Chittagong Hill Tracts Affairs has responsibility for addressing matters concerning equal opportunity, employment generation and skills development in this region. The Committee also notes that training activities for tribal peoples in the Chittagong Hill Tracts are envisaged under the Decent Work Country Programme 2006–08. It requests the Government to provide more detailed information on the measures taken to promote and ensure equality of opportunity in employment and occupation of tribal peoples in the Chittagong Hill Tracts, as well as in the other parts of the country.

Equality of opportunity and treatment irrespective of social origin. The Committee recalls that the 2005 National Strategy for Accelerated Poverty Reduction recognizes the need to address the situation of some extremely disadvantaged groups engaging in specific occupations which face social exclusion and segregation. The National Strategy acknowledged that “although in Bangladesh there is no caste system per se, these groups are treated the way lower castes are treated as untouchables in a caste system”. While noting the Government’s indication that these disadvantaged groups enjoyed their fundamental rights like every citizen of the country, the Committee requests the Government to provide more detailed information on the measures taken to implement the 2005 National Strategy as regards promoting increased access to education, training and employment of persons belonging to these groups.

Article 5. Special measures of protection. The Committee notes that sections 39, 40 and 42, read with section 87 of the Labour Act, exclude adolescents and women from certain types of work. The Committee notes that legislation that addresses issues of protection of young persons and women in an undifferentiated manner are gender-biased as regards the capabilities and aspirations of women. Section 40 excludes women from working at “any machine” except where appropriate instructions and training have been provided. The Committee is concerned that this provision may have the effect of excluding women from work opportunities in contradiction with the principle of non-discrimination. In addition, the Committee notes that under section 40(3), the Government may publish a list on hazardous work where no adolescent shall be employed. Read in conjunction with section 87, this list appears also to establish employment restrictions for women. The Committee requests the Government to provide a copy of the list issued by the Government in accordance with section 39(4) concerning hazardous work. The Committee also requests the Government to review and amend sections 39, 40, 42 and 87 of the Labour Act to ensure that the legislation reflects a gender-neutral approach and that any measures of protection applying to women’s employment are strictly proportional to the nature and scope of the protection needed.

Part III of the report form. Labour inspection. The Committee notes that the Government is considering taking action in the field of training of labour inspectors to improve their performance. The Committee requests the Government to include in the envisaged training for labour inspectors, modules concerning non-discrimination and equality and to provide information on the measures taken in this regard.

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The Committee recalls its previous observation which addressed three issues:

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

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

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

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

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

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

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

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

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

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

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

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

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1. Articles 1 and 2 of the Convention. Gender equality. Further to point 2 of its observation, the Committee requests the Government to provide in its future reports information on the following:

(a)   Progress made in expanding women’s opportunities to obtain vocational training, including statistical information on the number of women benefiting from training in the different fields of training and the employment rates and sectors of employment of trainees following the completion of such programmes.

(b)   Action taken to promote women’s access to self-employment in rural and urban areas, including measures targeting women from ethnic minorities and other disadvantaged groups.

(c)   Statistical information on the participation of men and women in formal employment in the private and public sectors.

(d)   Updated statistical information concerning literacy and the participation of men and women in education at the primary, secondary and tertiary level, as well as information on the progress made in achieving the targets set for the appointment of female teachers.

(e)   Measures taken to raise awareness of gender equality within the labour administration and among workers and employers, including any efforts made to seek the cooperation of workers’ and employers’ organizations in this regard.

2. Equality of opportunity and treatment of tribal peoples. The Committee notes that the Government’s 2005 National Strategy for Accelerated Poverty Reduction (“Unlocking the potential”) gives specific attention to the Adivasi/ethnic minority groups and provides for action to be taken in the areas of education and skills training to facilitate the entry into the job market of Adivasi/ethnic minority people, including through affirmative action. The Committee requests the Government to provide information on the measures taken to implement the directives given by the National Strategy with respect to enhancing education, skills development and employment generation of Adivasi/ethnic minority people living in the Chittadong Hill Tracts and the plains, including indications as to the competent bodies and mechanisms responsible for implementation and the budgetary allocations made to allow for implementation of the proposed action.

3. Equality of opportunity and treatment irrespective of social origin. The Committee notes that the 2005 National Strategy for Accelerated Poverty Reduction recognizes the need to address the situation of some extremely disadvantaged groups engaging in specific occupations which face social exclusion and segregation. The Committee notes from the National Strategy that “although in Bangladesh there is no caste system per se, these groups are treated the way lower castes are treated as untouchables in a caste system”. The Committee requests the Government to provide information in its next report on the measures taken or envisaged to promote and ensure equality of opportunity and treatment in employment and occupation of persons belonging to these groups, including through measures to facilitate occupational mobility and to eliminate discrimination faced by them on the ground of their social origin.

4. Part III of the report form. Labour inspection. The Committee notes from the Government’s report that a proposal is currently under examination to increase the number of posts in the Department of Inspection for Factories and Establishments from 226 to 843 and that training would be arranged on occupational safety and health and “other related compliance”. The Committee requests the Government to indicate the manner in which labour inspectors are being trained to enable them to prevent, detect and remedy violations of the principle of equality of opportunity and treatment in employment and occupation.

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1. Articles 1 and 2 of the Convention. Prohibition of discrimination. The Committee recalls its previous comments to the effect that, beyond the Constitution, no legislative ban on discrimination exists in conformity with the Convention and concerning the importance of including such prohibition in the Labour Code. In this regard, the Committee notes the Government’s statement that it had addressed the issue properly in the proposed Labour Code. The Committee trusts that the new Labour Code will include a specific prohibition of discrimination in accordance with the Convention and asks the Government to provide the text upon adoption. It reminds the Government of the possibility of seeking technical advice from the ILO on this matter, including obtaining comments on the proposed Labour Code from the perspective of international labour standards and comparative law and practice.

2. Gender equality in employment and occupation. The Committee notes the Government’s statement that it remained concerned about the low participation of women in education and employment. It also notes that the 2005 United Nations Common Country Assessment and Development Assistance Framework pay particular attention to the situation of women in these areas. However, the Committee also notes that the Government’s report contains very little information on the measures actually taken by the Government to promote and ensure respect, in law and in practice, for the principle of equality of opportunity and treatment in employment and occupation. Given the persistence and magnitude of gender-based inequalities in employment and occupation, the Committee requests the Government to provide more detailed information on the specific action taken to eliminate discrimination against women and to promote equality in respect of their access to education, including vocational training, as well as their equal access to employment and the widest range of occupations and sectors.

3. Sexual harassment. The Committee previously noted the concerns expressed by the United Nations Committee on the Elimination of Discrimination against Women in July 2004 over the occurrence of widespread violence against women, including sexual harassment at work. In this context, it requested the Government to provide information on the practical application of the Suppression of Violence against Women and Children Act 2000 and on any other measures taken to address sexual harassment in the context of work. The Committee notes that, in reply, the Government merely states that no allegations concerning sexual harassment had been received. The Committee considers such an absence of complaints concerning sexual harassment at work to be a matter of serious concern. As the existence of widespread violence and harassment against women in the country is well documented and recognized, the Committee considers that the absence of complaints is likely to be due to the lack of effective mechanisms to address it. The Committee, therefore, requests the Government to urgently take active measures to address the issue of sexual harassment in the context of work through appropriate laws, polices and mechanisms, and to seek the cooperation of workers’ and employers’ organizations in this regard. The Government is requested to keep the Committee informed of any measures taken or envisaged.

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

[The Government is asked to supply full particulars to the Conference at its 96th Session and to report in detail in 2007.]

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1. Article 2 of the Convention. Equality of opportunity and treatment of men and women. The Committee notes the measures taken by the Government to enhance women’s access to vocational training through technical training centres. It requests the Government to provide information on the type of courses provided by these centres, statistical data on the numbers of women benefiting from training in the different fields of training and the employment rates and sectors of employment of trainees following the completion of courses.

2. Despite earlier requests, no information has been provided on measures taken to make educational curricula, reported to often reflect the traditional roles of men and women, more gender-sensitive. The Committee reiterates its request for this information in order to meaningfully assess the progress made by the Government in implementing the Convention.

3. The Committee understands that in Bangladesh women are often the first to be dismissed in employment and that transport practices in the country mean that women often cannot access work opportunities. It therefore requests the Government to supply information on any measures taken to ensure, in practice, gender equality in respect to access to and terms of conditions of employment. In this context, the Committee reiterates its request for statistical data on men’s and women’s participation in the private sector.

4. The Committee notes that quotas are reserved for women’s positions in public services but women’s participation remains very low. It requests the Government to provide information on any additional measures taken, including provision of training, to ensure that women can actively participate at each level of the public sector and higher levels of decision-making. The Committee also requests the Government to provide statistical data with regards women’s participation in local government, the armed forces, the police and judiciary as mentioned in the Government’s report.

5. The Committee notes the information provided by the Government that women’ s participation in the informal economy has increased because of the success of microcredit programmes providing self-employment. The Committee would welcome statistical data on the number of self-employed women that have received microcredit assistance in this manner, the nature of activities conducted and information on the measures taken to extend social protection of these workers. It would further welcome information on other positive measures taken by the Government to enhance women’s training, skill development and access to jobs in the formal economy.

6. Equality of opportunity on the basis of race, national extraction, colour, religion and social origin. While noting from the Government’s report that national law and policy are framed in order to promote equal opportunity and treatment for men and women irrespective of race, religion, caste, etc., the Committee reiterates its request for information on concrete and practical measures taken by the Government to promote the application of the Convention with regards to all grounds listed in Article 1(1)(a).

7. Article 3(b). Educational programmes. Noting that the Government has not provided any information in this regard, the Committee reiterates its request for information on any measures taken or envisaged by the Government to establish educational and awareness-raising programmes to secure the acceptance and observance of the principle set forth in the Convention.

8. Part III of the report form. Recalling its previous comments with regard to the functioning of the labour inspection services, the Committee reiterates its request to the Government to provide information on whether any measures have been taken to improve the capacity of labour inspectors to supervise the application of the Convention, the number of inspections conducted, violations identified and the actions taken.

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1. Article 1 of the Convention. Sexual harassment. The Committee notes that the Government has not responded in its report to the Committee’s General Observation of 2002 on sexual harassment. It also notes that the United Nations Family Planning Association State of the World Population Report, 2000, declares Bangladesh to be the second highest in the world in the incidence of violence against women and that the Prevention of Violence Against Women and Children Act came into force in February 2000 (referenced in the report of the Special Rapporteur on violence against women of the UN Commission on Human Rights, E/CN.4/2001/73/Add.2 at 19). The Committee further notes that the UN Committee on the Elimination of Discrimination against Women, in its Concluding Observations of July 2004, expressed concern over the occurrence of widespread violence against women, including sexual harassment in the workplace (CEDAW/C/2004/II/CRP.3/Add.2/Rev.1, paragraph 23). The Committee thus hopes the Government will provide information on the measures taken to address sexual harassment in accordance with the Committee’s General Observation in 2002. It would also welcome information on how the Prevention of Violence against Women and Children Act has been enforced in practice in relation to work-based sexual violence, including copies of any relevant court decisions.

2. Prohibition of discrimination. The Committee recalls that, under the Constitution, women shall have equal rights with men in all spheres of the State and of public life and that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth, while no legislative ban on discrimination exists in conformity with the Convention. Noting that the draft Labour Code is still in the process of adoption, the Committee once again urges the Government to ensure that the Labour Code will include a prohibition of discrimination in accordance with the requirements of the Convention. It requests the Government to continue to supply information on the progress in the adoption process and to provide a text upon adoption. In the meantime, the Government is requested to provide information on how the constitutional provisions on equal rights and non-discrimination have been enforced in practice, the penalties imposed and information on relevant judicial decisions.

3. Article 2. Equality of opportunity and treatment of men and women. The Committee recalls its longstanding concern over the low participation rate of women in employment in comparison with men and its linkage to the lower education and literacy rates of women in comparison to men. It thus welcomes the Government’s indications that parity largely has been achieved between the enrolment of boys and girls in primary schools. The Committee also notes the various measures taken by the Government to improve female literacy. At the same time, it notes that no statistical data on literacy rates or enrolments rates of men and women in secondary and higher education have been provided. In this regard, the Committee notes that the Government target of 40 per cent of primary school teaching posts filled by women by 2002 has been almost met. It also notes that the Government is taking measures to promote teacher training for women in secondary school. The Committee would welcome information from the Government as to whether similar targets for the recruitment of women into secondary and higher education teaching posts also will be set.

4. The Committee notes that according to the Concluding Observations of the UN Committee on the Elimination of Discrimination against Women of July 2004, trafficking of women and girls from the country, remains a problem and that according to the Special Rapporteur on Violence against Women, discriminatory employment practices in Bangladesh contribute to the incidence of such trafficking, particularly of women belonging to lower caste groups or ethnic minorities. Having in mind that the lack of training and employment opportunities increases women’s vulnerability to traffickers, the Committee reiterates its request for information on the measures taken to promote, in practice, equal access to training and employment of women, including those belonging to lower caste and ethnic minority groups.

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

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1. In its previous comments the Committee noted that the Bangladesh Employers’ Association (BEA), in cooperation with the ILO, has undertaken a project for the "Promotion of women in private sector activities through employers’ organizations". Noting that no information was provided on the impact of the project on women’s employment opportunities, and on the measures taken to improve further the educational and employment opportunities of women, the Committee must again ask for information in this regard.

2. Regarding the enforcement of the provisions of the Convention, the Committee notes the Government’s statement that the Department of Inspection is at present not fully equipped with sufficient inspectors. The Committee asks the Government to continue to provide information on whether any measures have been taken to improve the capacity of the labour inspectorate and information on the number of inspections conducted, the violations identified and the actions taken. Please also provide a copy of any court decision relating to enforcement of equality legislation.

3. The Committee asks the Government to supply information on the measures undertaken to promote and realize in practice the principle of non-discrimination on the grounds of race, national extraction, colour, religion and social origin.

4. The Committee would appreciate receiving information on measures taken by the Government to seek the cooperation of workers’ and employers’ organizations in accordance with Article 3(a) of the Convention, to promote the application of the Convention.

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1. The Committee notes that a tripartite Labour Law Review Committee and its subcommittee have been established to review and amend the Labour Code, and that their recommendation has been submitted to the Government. The Committee trusts that the revision of the Labour Code will include a prohibition of discrimination as defined in Article 1 of the Convention and that the Government will inform the Office of progress made in the adoption process and supply a copy of the text upon adoption.

2. Further to previous comments, the Committee notes an increase in the literacy rate: 54.6 per cent for men and 42.5 per cent for women at the end of 2000. The Committee notes that, despite the progress, the literacy gap between men and women remains constant. It also notes the efforts reported on by the Government to increase the literacy and education levels of men and women, girls and boys. It further notes a rise in enrolment in primary and secondary schools, especially for girls. The Committee asks the Government to continue to provide information on the enrolment rates for education as well as statistical data and information on the efforts made to enhance the literacy rate and education level of girls and women. Further, noting that no reply has been provided on the measures taken to improve educational curricula that often reflected the traditional roles of men and women, the Committee must again ask the Government for information on progress made to increase gender sensitiveness of the educational curricula. Finally, the Committee recalls that in previous reports the Government declared that it took measures to reach its target of ensuring that females were 60 per cent of all recruitment for primary-school teachers. The Committee notes that the latest data (1997-98) show that only 26.8 per cent of primary-school teachers are women but that the Government hopes to reach 40 per cent of female teachers by 2002. The Committee asks the Government to provide information on the measures taken to promote women’s employment as schoolteachers, including in primary schools.

3. Recalling that training and vocational guidance are of paramount importance, in that they determine the actual possibilities of gaining access to employment and occupation, the Committee would appreciate receiving information on the measures taken by the Government to strengthen women’s access to vocational training and guidance. Please also supply information on measures taken to improve women’s terms and conditions of employment.

4. In its previous comments the Committee noted the 1993 data on women’s participation in the public sector, and requested more up-to-date statistics. The Committee recalls the very low level of women’s participation in the public sector, with women only filling 7 per cent of the officers’ ranks, 10 per cent of the staff positions and 5 per cent of the low-level positions in the public service. Further, from an ILO study undertaken in Bangladesh, the Committee notes that in 1995-97, women comprised 8.56 per cent of the labour force in public and autonomous bodies in the formal private sector. Noting that neither information nor statistical data on women’s participation in the public sector were provided in the Government’s report, the Committee once again asks the Government to supply full information on the measures taken to ensure that women can actively participate in the public sector and at higher levels of decision-making.

5. The Committee noted, in its previous observations, that women workers were concentrated in export-oriented labour-intensive industries that absorb mostly unskilled and low-paid labour. In this regard, the Committee notes the information provided in the Government’s report on minimum wages for unskilled labour, that is applicable to both men and women. Nevertheless, it notes the Government’s statement that the "garment industry employs mostly women due to the nature of jobs, which suit them". The Committee also notes that the overwhelming majority of women are working in the informal economy. The Committee is concerned that negative stereotypes and attitudes on women’s participation in the labour market result in a perpetuation of sex-based job segregation and exclusion. Therefore, the Committee urges the Government to consider undertaking positive measures in order to enhance women’s training, skill development and access to jobs in different sectors of activity. Further, the Committee would appreciate receiving information on the educational and awareness-raising programmes established to secure the acceptance and observance of the principle set forth in the Convention. Please also provide statistical data on women’s employment in the private sector, which would allow the Committee to assess the application of the Convention.

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

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Further to its observation, the Committee notes that the Bangladesh Employers' Association (BEA), in cooperation with the ILO, has undertaken a project for "the Promotion of Women in Private Sector Activities through Employers' Organizations", which is intended to increase the capacity of employers' organizations to contribute to equal opportunity policies and guidelines and to undertake gender-based training for women. The Committee notes that a number of gender awareness-raising workshops have been conducted, as well as activities to promote women's business opportunities, and requests the Government to provide information on the impact of the project on women's employment opportunities, as well as any other information on measures taken to improve further the educational and employment opportunities of women.

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The Committee notes the information contained in the Government's report, including the statistics.

1. In its previous observation, the Committee noted the various initiatives undertaken by the Government aimed at reducing the very high level of illiteracy among women and girls. It also noted the concern expressed by the Government that the educational curricula were not gender sensitive and often reflected the traditional roles of men and women, thereby reinforcing those roles. The Committee hoped that this issue would receive more attention and that the Government would take active measures to reach its target of ensuring that females comprised 60 per cent of all recruitment for primary schoolteachers. According to the Government's report, the literacy rate for women and girls increased from 25.8 per cent in 1991 to 38.1 per cent in 1996. A project on a higher secondary level programme for girls is awaiting final government approval; it is expected that after the implementation of the project in 2002, the percentage of women in higher education will increase. The Committee notes this information with interest and requests the Government to provide information on the progress made under the project. The Committee notes nevertheless that the Government's report does not include any information on the measures taken to reach the 60 per cent target for the recruitment of female primary schoolteachers nor on the measures taken to make school curricula more gender sensitive. The Committee hopes that the Government will supply in its next report detailed information on these matters and encourages the Government to continue to take measures to enhance the literacy rate and education level of girls and women.

2. Further to its previous comments on women's participation in public sector employment, the Committee notes that the Government's report contains statistical data for 1993 indicating that women's participation in the public sector continues to be very low, with women only filling 7 per cent of the officers' ranks, 10 per cent of the staff positions and 5 per cent of the low-level positions in the public service. The Committee further notes that neither the Government's report nor the ILO Yearbook on Labour Statistics (1998) contains more recent data on the distribution of men and women employed in the public sector. It therefore hopes that the Government will provide in its next report more recent statistical data and information to permit the Committee to assess fully the progress made in ensuring the application of the Convention in the public sector. The Committee further notes that a few women have been recruited into the police force, but that the proposal to revise the recruitment procedures to permit women to enter the police force or to facilitate this, still has not been approved. The Committee would be grateful if the Government would indicate the progress made on this initiative as well as on any measures taken, including the provision of suitable training at each level in the public sector, to ensure that women can actively participate in the public service and at higher levels of organizations, where their representation is still negligible.

3. With regard to women's employment in the private sector, the Committee noted, in its previous observation, that women workers in Bangladesh were concentrated in industries such as the construction industry (where they work as manual labourers), the manufacturing industry and the export-oriented labour-intensive industry, which absorb mostly unskilled and low-paid labour. It also noted that the manufacturing sector did not always provide the minimum wage and working environment stipulated in the labour legislation. With regard to the situation in the garment industry, which employs predominantly women, the Committee requests the Government to provide information on the manner in which labour standards on conditions of work and wages are enforced for women working in this industry. The Committee further notes that the statistical information contained in the Government's report does not provide any new information with regard to women's employment in the various sectors of the economy, and requests the Government to provide more recent information, in so far as it is available, so as to enable an assessment of the trend in women's employment.

4. Further to its previous comments on the difficulties in enforcing existing labour legislation, particularly the lack of knowledge and commitment by the judiciary and law enforcement agencies, the Committee notes that gender sensitization training was arranged for labour inspectors and judges by the respective ministries in collaboration with different United Nations agencies. Furthermore, the Government states that the number of women judges increased from 40 in 1994 to 55 in 1997. The Committee welcomes these initiatives and asks the Government to indicate in its next report whether they have had any effect on the enforcement of legislation designed to ensure equality for women. The Committee further notes that the Government's report contains no reply to its previous request for information on the review undertaken by the high-level committee headed by the Minister of Law, Justice and Parliamentary Affairs to examine and update existing laws so as to eliminate all forms of discrimination. The Committee has been informed that a tripartite Labour Law Reform Committee (LLRC) has been reconstituted by notification of 24 August 1998 to review the draft Labour Code of 1994. It requests the Government to provide information on the extent to which these two committees coordinate with each other and the progress achieved in the legislation reform process.

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

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The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation, which read as follows:

1. In its previous observations, the Committee has sought to encourage the Government to overcome the obstacles to women's increased participation in employment. While most of the information provided by the Government in its report was reflected in the Committee's previous observation, the Committee also notes the information contained in the Government's report on the Convention on the Elimination of All Forms of Discrimination against Women (United Nations document CEDAW/C/BGD/3-4 of 1 April 1997), according to which the Government has initiated various programmes aimed at reducing the very high level of illiteracy among girls and women. These programmes include the "Food for Education Programme" and an increased commitment to ensuring free, universal and compulsory primary education. In this regard, a separate Division of Primary and Mass Education, responsible to the Prime Minister, was established in 1992. The Committee also notes that a secondary-level scholarship programme for girls outside metropolitan areas has been initiated with the objective of retaining female students at the secondary stage and thereby promoting higher education. This measure also assists in controlling population growth by discouraging girls from marrying before 18 years of age. As a result of these schemes, and many initiatives taken by non-governmental organizations (NGOs), the number of girls in secondary schools has increased from 33.9 per cent in 1990 to 47 per cent in 1995. Campaigns have also been launched by the Government and NGOs to encourage girls' education through radio, television and videos. A special communications initiative called "Meena" has also been launched as part of the mobilization and awareness raising programme to promote the social worth of south Asian girls. On this point, the Government has expressed concern that the educational curricula are not gender sensitive and often reflect the traditional roles of men and women, thereby reinforcing those roles. The Committee hopes that this issue will receive more attention, and that the Government will also take active measures to reach its target of ensuring that females comprise 60 per cent of all recruitment for primary-school teachers. The Committee asks the Government to continue to provide detailed information on the progress made to enhance the literacy rate of girls and women. 2. As concerns the labour force participation of women, the Government states that, 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 their lower employment outside the home, but women are the major contributors to the household economy. In its previous comments, the Committee noted that quota provisions had been introduced to increase the recruitment of women in the public service. In addition to recruitment on merit, 10 per cent of officers' posts and 15 per cent of staff positions at the entry level are reserved for women. The age limit for women to be eligible for entry to a government job is 30 years, whereas it is 27 years for men. According to the Government's report on the CEDAW, recent experience has shown that although women's reserved quotas are not being filled, the percentage of women recruited generally in the civil service has been higher than the fixed quotas, which is accounted for by the extent to which women are recruited on the basis of merit. At present, women constitute 7 per cent of gazetted officers and 7.4 per cent of other posts. The Government also states that the impact of the quotas is negligible, as very few new posts are available. Over the last five years, women have comprised only 14.4 per cent of all recruits into the public service. 3. In relation to other employment, the Committee notes that women's participation in the industrial sector is greatest in the construction industry, where many work as manual labourers. Women comprise nearly 24 per cent of all manufacturing workers and have been joining this sector as they have been partly displaced from the agricultural sector due to impoverishment and the adoption of new technologies. In urban areas, women are found mostly concentrated in low-paid manufacturing sector activities or in the recently emerged export-oriented labour-intensive industries. The garment and shrimp processing industries are the highest employers of women labourers. Women are also found in electronics, food processing, beverages, apparels, handicrafts and similar areas. The Government states that these industries are predominantly filled by women due to traditional perceptions about how such work is suited to their "natural abilities" and because these industries absorb unskilled and low-paid labour. The Government also indicates that the manufacturing sector does not always provide the minimum required wage level and work environment, as stipulated in the labour legislation. As concerns other employment, 43 per cent of women work in the agriculture, fisheries and livestock sectors but 70 per cent of those women work as unpaid family labourers. The Government's report on the CEDAW provides detailed information on the measures taken by government agencies and NGO programmes to promote employment opportunities for women in the rural areas. 4. The Committee notes the Government's statement that women's socio-economic status differs from their legal status. While the Government expresses its determination to take steps to eliminate discrimination against women through legal measures, it also concedes that women cannot even enjoy those rights provided by existing laws, due to the lack of enforcement. According to the Government, 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 women's rights and the lack of commitment by the judiciary and law enforcement agencies. Moreover, the Government states that various procedures make it difficult for women to access and use the judicial system, including, for example the esoteric language, the lengthy and costly procedures and the fact that agencies are often hostile or unsympathetic to women. Noting the establishment of a high-level committee headed by the Minister for Law, Justice and Parliamentary Affairs to examine and update existing laws so as to eliminate all forms of discrimination, the Committee requests the Government to provide information on the outcome of this review. It also requests the Government to indicate the measures being taken to gender-sensitize and train the judiciary, labour inspectors and others concerned with implementing legislation designed to ensure equality for women. 5. Noting also that a proposal has been submitted for approval to revise the recruitment procedures to permit or facilitate women to enter the police force, the Committee asks the Government to provide further information on any measures taken in this regard. Please also provide information on any measures being taken to ensure that women receive the necessary training to participate actively in the public service and at higher levels of organizations, where their representation is still negligible.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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1. In its previous observations, the Committee has sought to encourage the Government to overcome the obstacles to women's increased participation in employment. While most of the information provided by the Government in its report was reflected in the Committee's previous observation, the Committee also notes the information contained in the Government's report on the Convention on the Elimination of All Forms of Discrimination against Women (United Nations document CEDAW/C/BGD/3-4 of 1 April 1997) according to which the Government has initiated various programmes aimed at reducing the very high level of illiteracy among girls and women. These programmes include the "Food for Education Programme" and an increased commitment to ensuring free, universal and compulsory primary education. In this regard, a separate Division of Primary and Mass Education, responsible to the Prime Minister, was established in 1992. The Committee also notes that a secondary-level scholarship programme for girls outside metropolitan areas has been initiated with the objective of retaining female students at the secondary stage and thereby promoting higher education. This measure also assists in controlling population growth by discouraging girls from marrying before 18 years of age. As a result of these schemes, and many initiatives taken by non-governmental organizations (NGOs), the number of girls in secondary schools has increased from 33.9 per cent in 1990 to 47 per cent in 1995. Campaigns have also been launched by the Government and NGOs to encourage girls' education through radio, television and videos. A special communications initiative called "Meena" has also been launched as part of the mobilization and awareness raising programme to promote the social worth of south Asian girls. On this point, the Government has expressed concern that the educational curricula are not gender sensitive and often reflect the traditional roles of men and women, thereby reinforcing those roles. The Committee hopes that this issue will receive more attention, and that the Government will also take active measures to reach its target of ensuring that females comprise 60 per cent of all recruitment for primary- school teachers. The Committee asks the Government to continue to provide detailed information on the progress made to enhance the literacy rate of girls and women.

2. As concerns the labour force participation of women, the Government states that, 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 their lower employment outside the home, but women are the major contributors to the household economy. In its previous comments, the Committee noted that quota provisions had been introduced to increase the recruitment of women in the public service. In addition to recruitment on merit, 10 per cent of officers' posts and 15 per cent of staff positions at the entry level are reserved for women. The age limit for women to be eligible for entry to a government job is 30 years, whereas it is 27 years for men. According to the Government's report on the CEDAW, recent experience has shown that although women's reserved quotas are not being filled, the percentage of women recruited generally in the civil service has been higher than the fixed quotas, which is accounted for by the extent to which women are recruited by merit. At present, women constitute 7 per cent of gazetted officers and 7.4 per cent of other posts. The Government also states that the impact of the quotas is negligible, as very few new posts are available. Over the last five years, however, women have comprised only 14.4 per cent of all recruits into the public service.

3. In relation to other employment, the Committee notes that women's participation in the industrial sector is largest in the construction industry where many work as manual labourers. Women comprise nearly 24 per cent of all manufacturing workers and have been joining this sector as they have been partly displaced from the agriculture sector due to impoverishment and the adoption of new technologies. In the urban area, women are found mostly concentrated in low-paid manufacturing sector activities or in the recently emerged export-oriented labour-intensive industries. The garment and shrimp processing industries are the highest employers of women labourers. Women are also found in electronics, food processing, beverages, apparels, handicrafts and similar areas. The Government states that these industries are predominantly filled by women due to traditional perceptions about how such work is suited to their "natural abilities" and because these industries absorb unskilled and low-paid labour. The Government also indicates that the manufacturing sector does not always provide the minimum required wage level and work environment, as stipulated in the labour legislation. As concerns other employment, 43 per cent of women work in the agriculture, fisheries and livestock sectors but 70 per cent of those women work as unpaid family labourers. The Government's report on the CEDAW provides detailed information on the measures taken by government agencies and NGO programmes to promote employment opportunities for women in the rural areas.

4. The Committee notes the Government's statement that women's socio-economic status differs from their legal status. While the Government expresses its determination to take steps to eliminate discrimination against women through legal measures, it also concedes that women cannot even enjoy those rights provided by existing laws, due to the lack of enforcement. According to the Government, 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 women's rights and the lack of commitment by the judiciary and law enforcement agencies. Moreover, the Government states that various procedures make it difficult for women to access and use the judicial system, including, for example the esoteric language, the lengthy and costly procedures and the fact that agencies are often hostile or unsympathetic to women. Noting the establishment of a high-level committee headed by the Minister for Law, Justice and Parliamentary Affairs to examine and update existing laws so as to eliminate all forms of discrimination, the Committee requests the Government to provide information on the outcome of this review. It also requests the Government to indicate the measures being taken to gender-sensitize and train the judiciary, labour inspectors and others concerned with implementing legislation designed to ensure equality for women.

5. Noting also that a proposal has been submitted for approval to revise the recruitment procedures to permit or facilitate women to enter the police force, the Committee asks the Government to provide further information on any measures taken in this regard. Please also provide information on any measures being taken to ensure that women receive the necessary training to participate actively in the public service and at higher levels of organizations, where their representation is still negligible.

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1. Referring to paragraph 2 of its previous direct request, the Committee notes from the Government's report that information is being collected from the relevant ministry concerning the imposition of an upper age limit in respect of entering employment in government, semi-government, autonomous and nationalized establishments. The Committee hopes that the Government will provide, with its next report, copies of any relevant legal instruments as well as information on the practical effect of this policy on the employment of women.

2. As regards equality between men and women workers in the terms and conditions of employment, including remuneration, the Committee notes the explanation contained in the Government's report concerning the fixing of minimum wage rates in undertakings where collective bargaining is not developed adequately. The Committee notes from the report that the Government requested the Bangladesh Employers' Association and the relevant workers' organizations to provide empirical data on conditions of employment in the nationalized plantations, but that the information has not been received. The Committee hopes that the Government's next report will contain the information requested. Moreover, although the report mentions the attachment of recent recommendations of the Minimum Wages Board relating to a number of industries, no such documentation was received. The Committee would therefore be obliged if the Government would again send this material.

3. The Committee notes the Government's intention to furnish reports on the promotional activities of the Ministry of Establishment and of the Ministry of Women and Child Affairs as soon as they are received. The Committee hopes that these reports, as well as any other reports containing information relevant to the application of the Convention, will be forwarded with the Government's next report.

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1. The Committee refers to its previous comments in which it had noted that the upper age limit for women to enter employment in government, semi-government, autonomous and nationalized establishments had been raised to 30 years (by the Ministry of Establishment Order No. R1/S-22/85-220(150) of 29 October 1985). The Committee had asked the Government to provide information on the impact this measure was having on women's employment in such establishments. The Government had also been asked to indicate whether upper age limits were imposed in other sectors of the economy; and, if so, to provide copies of any pertinent regulations or rules. The Committee notes the data provided concerning the number of civil officers and staff of the Government, disaggregated by sex, for 1992. The Committee would be grateful if the Government would provide similar information for the succeeding years, so as to enable an assessment of the trend of women's employment. It again asks the Government to indicate, in its next report, whether a maximum age limit for the recruitment of women is fixed for sectors of the economy other than those covered by the above-mentioned Order.

2. The Committee has also noted that the above-mentioned Order of the Ministry of Establishment set the maximum age limit for tribal candidates in government-controlled organizations at 30 years. It requests the Government to indicate the impact of this measure by providing detailed information on the extent to which persons from tribal communities are employed in these organizations. Please also provide information on the measures taken to ensure that representatives of tribal communities are accorded equal opportunity and treatment in employment, including data concerning their participation in decision-making positions.

3. The Committee notes the recommendations of the Minimum Wage Board relating to a number of industries furnished by the Government. As requested previously, the Committee would be grateful if the Government would provide information on the conditions of employment in the nationalized plantations and on the measures taken, especially in consultation with employers' and workers' organizations, to ensure equality of opportunity and treatment on all of the grounds of the Convention for workers in that sector and in other industries.

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The Committee notes the information provided by the Government in its report.

1. For many years, the Committee has asked the Government to supply information on the measures being taken to overcome the obstacles to women's increased participation in employment. It has also sought information on the elimination of sex-based discrimination in vocational training, access to and terms and conditions of employment. In its last report, the Government had indicated that the literacy level of women had been rising since the country became independent, in 1971, and that women were now taking up employment in all sectors, including education. It had also referred to the quotas for women in the public service and in teaching. Among measures being taken to promote the economic well-being of women, the Government's most recent report mentions the upgrading of the pertinent department to the level of a Ministry (and Directorate) of Women and Child Affairs, the introduction of universal primary education and the allocation of funds for stipends especially for female candidates at the primary and secondary school levels.

2. However, the Committee notes from the report of the United Nations Committee on the Elimination of Discrimination Against Women (UN document CEDAW/A/48/38 of 28 May 1993) that the female literacy rate stood at only 16 per cent in 1993. The Committee requests the Government to provide detailed information on the literacy rate of them, and on specific measures being taken to improve female literacy and the results obtained. It also asks the Government to indicate whether these efforts have improved women's access to jobs in both the private and public sectors. As the Government's report contains no comment about the measures taken, or results achieved concerning the effect of reserving posts for women (15 per cent in respect of government posts and 60 per cent for teaching jobs), the Committee hopes that information on this matter, together with any annual reports of the relevant ministries, will be provided in the next report.

3. The Committee also notes, from the above-mentioned report of the United Nations, that the Fourth Five-Year Plan (1990-95) contained strategies to integrate women into the mainstream of sector-based planning, in order to reduce gender disparities. These included a women's credit programme, promotion of female entrepreneurship, skill development training programmes for different trades, and poverty alleviation programmes for women to become involved in income-generating activities. The Committee requests the Government to supply information on the results obtained by these strategies and to indicate whether any of these, or other measures, are being considered for inclusion in the forthcoming Fifth Five-Year Plan.

4. The Committee is addressing a request directly to the Government on certain other points.

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The Committee notes the information provided by the Government in its report.

1. In its previous observation, the Committee recalled that, for many years, it had asked the Government to supply information on the measures being taken to overcome the obstacles to women's increased participation in employment. The Committee sought information on the elimination of sex-based discrimination in vocational training, access to and terms and conditions of employment. Particular concern was expressed over the literacy rate of women which had stood at only 16 per cent in 1993 (UN document CEDAW/A/48/38, 28 May 1993).

2. In its report, the Government states that it has long recognized the importance of integrating women into the mainstream of national activities. In this regard, the National Women's Affairs Cell in the Department of Social Welfare and the National Women's Organization (a government-instituted non-governmental organization) were created in 1976. The Ministry of Women's Affairs, created in 1978, now has one Directorate, 22 district and 136 local offices. Thirty focal points for the advancement of women in government ministries, divisions and agencies have been set up during the Fourth Five-Year Plan (1990-95). Since the beginning of the Second Five-Year Plan (1980-85), a separate allocation has been made for programmes for the advancement of women, in addition to the multisectoral programmes in various ministries where the Women in Development (WID) strategy is a strong component of development programmes and projects. The report also mentions a number of the ongoing development projects implemented by the Ministry of Women and Children's Affairs, among which are included projects to promote employment for rural women, programmes to increase women's access to technology and awareness-raising projects. The Government also supplies information on the representation of women in the national parliament.

3. The Government also states that it is according top priority to female education and skill development. While acknowledging that the female literacy rate is still quite low (according to the report, 19.2 per cent in 1991), the Government indicates that it has initiated concerted measures to encourage women's participation in educational programmes and expects the literacy rate to rise to 50 per cent by the year 2000. A steady progress in school enrolment has been observed following the Government's decision to impart free education to girls living in rural areas, up to the secondary level, the stipend programme for girls and the introduction of the Food for Education programme in 1993.

4. As concerns the employment of women, the Government indicates that progress has been achieved, although it concedes that there is still scope for improvement. The report states that, despite the social disadvantages, female workers are entering the formal labour market, owing largely to their own, and employers', increased awareness. Female workers are consolidating increasingly their stake in the expanding export-oriented industries, such as the garment, leather and electronics industries. In 1990, women constituted 25 per cent of the total industrial workforce. As concerns the public sector, where 10 per cent of all gazetted and 15 per cent of all non-gazetted posts are reserved for women, female employment rose to 8 per cent in the 1980s and is still rising.

5. In conclusion, the Government states that, while women have not always been able to benefit from macro policies and major programmes and projects, a number of initiatives sponsored by the Government and by non-governmental organizations have demonstrated that developmental goals can be achieved effectively by enhancing the capacity of women: both the economic and social returns are high.

6. The Committee trusts that the Government will continue, in its future reports, to provide detailed information on the measures being taken to improve further the educational and employment opportunities of women. As the export-oriented industry appears to be an important and expanding source of employment for women - especially the garment industry, where women comprise more than 80 per cent of 1 million workers - the Committee hopes that the Government will also provide information about the measures undertaken to ensure equality of opportunity and treatment for women in the relevant sectors. In addition, the Committee looks forward to receiving particulars about the Perspective Plan, and its implementation, that is to strengthen the integration of women and other underprivileged groups into the mainstream of sector-based planning, as from July 1995.

7. The Committee hopes that the Government will also address more fully the question of the social disadvantages faced by women in the employment field, to which the report refers. In this connection, the Committee is concerned by various reports about the way in which certain groups have apparently expressed opposition to the education, training and employment of women. Accordingly, the Committee would be grateful if the Government would indicate the type of action it takes to investigate and bring to justice, those responsible for violence against individual women and organizations engaged in development work in the country.

8. The Committee is addressing a request directly to the Government concerning other aspects of the application of the Convention.

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With reference to its previous direct requests, the Committee notes the information supplied by the Government in its report.

1. Regarding the statistical breakdown showing that women hold a much lower percentage of posts than men in certain government services, the Committee notes the Government's statement that before Bangladesh's independence in 1971, the female literacy rate was very low and women were less interested in taking employment and that since then, the literacy rate for women has been increasing and they are now taking employment in all sectors, including education. The Committee requests the Government to continue supplying detailed information on the obstacles to women's increased participation in these sectors and would appreciate it if the Government would indicate in its next report the specific steps taken or contemplated to increase girls' entrance into primary and secondary schools or other educational or training programmes in order to promote and diversify women's occupational and employment opportunities.

The Committee also notes the Government's statement that the quota reserving government jobs for women has been increased from 10 per cent to 15 per cent and that 60 per cent of teaching posts will be reserved for women. The Committee would appreciate receiving information on further developments in this regard, including further copies of annual reports of the Ministry of Education, or of other government services demonstrating the entrance of more women into posts.

The Committee also requests the Government to provide information on further measures being taken or contemplated to promote equality of opportunity between men and women in employment, particularly in relation to access to employment and conditions of work in the private sector.

2. Regarding the recent increase in the upper age limit for entering into employment under the Government/Semi-Government/Autonomous/Nationalized Establishments Regulation to 30 years of age for both men and women, and noting that there is no immediate data available on the impact this has had on the employment of women in such establishments, the Committee requests the Government to include in its future reports, copies of any other law or regulations imposing an upper age limit in respect of employment in any sector of the economy. It also requests the Government to provide available information on the practical effect on the employment of women of extending the upper age limit to 30 years of age.

3. The Committee notes that Rule 14 of the (East Pakistan) Minimum Wages Rules, 1961, stipulates: "In fixing minimum rates of wages, the principle of equal remuneration for men and women workers for work of equal value shall be applied." In this regard, the Committee refers to paragraphs 118 and 119 of its 1988 General Survey on Equality in Employment and Occupation in which it recalls the connection between the principle of Convention No. 111 and the principle of equal remuneration for men and women workers for work of equal value without discrimination based on sex. Accordingly, the Committee requests the Government to provide information on the specific measures taken or contemplated to promote equality of opportunity and treatment in employment and occupation including the area of wages and remuneration, with a view to eliminating discrimination on the grounds set out in the Convention, particularly on the basis of sex. Noting that data on the level of wages actually paid to men and to women and the percentage of female and male workers in each class of work in plantations is not, according to the Government, compiled and available, the Committee would nevertheless repeat its request for any empirical data on employment in the nationalized plantations so as to be able to assess the practical application of the principle of non-discrimination in employment. While noting the Government's statement that the parties to collective agreements normally retain copies of them and that therefore the Government cannot provide copies of them, the Committee refers to Article 3(a) of the Convention requiring ratifying States to seek the cooperation of employers' and workers' organizations in promoting the observance of the national policy of equality of opportunity and treatment in employment and occupation and trusts that contacts in this context might help secure copies of collective agreements fixing minimum wages in other sectors of the economy. In addition, it would appreciate receiving copies of any recent recommendations of the Minimum Wages Board established under the Minimum Wages Ordinance, No. XXXIX of 1961.

4. The Committee also would be grateful for information in the Government's next report on the promotional activities of the Ministry of Establishment and the Department of Women's Affairs which concern the provisions of the Convention and would appreciate receiving any reports, studies or documents published by these bodies.

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The Committee notes the information contained in the Government's report.

1. The Committee notes with interest the statistics provided in reply to its previous request for information on the number of posts filled by women and men in various fields of employment, particularly education and on students in primary and secondary schools. From the statistics, the Committee notes that women hold a much lower percentage of posts than men in the non-gazetted civilian government service in the Ministry of Health and Safety, as primary school teachers and to a lesser extent as secondary school teachers. The Committee requests the Government to indicate in its next report what, if any, are the obstacles which exist to women's increased participation in the above designated sectors and what are the specific steps being taken or contemplated to promote equality of opportunity between men and women in employment in those areas, in particular in relation to access to employment, conditions of work and vocational training.

The Committee also notes from the statistical information that girls, as compared to boys, constitute an extremely low percentage of students in primary schools and also, to a lesser extent, in secondary schools. In this connection, it also notes from the World Statistics Atlas that the literacy rate for women is half that of men. The Committee would therefore be grateful if the Government would indicate the measures taken or contemplated to increase girls' entrance into primary and secondary schools or other educational or training programmes in order to promote and diversify women's occupational and employment opportunities.

The Committee further notes the Government's statement that annual reports of the Ministry of Education are not readily available but requests the Government to make an effort to supply a copy with its next report.

2. The Committee thanks the Government for providing a copy of the 1985 Fixation of Age Limit for Entering into Employment under Government/Semi-Government/Autonomous/Nationalised Establishments Regulation. The Committee requests the Government to provide information on the practical effect on the employment of women of extending the upper age limit for women from 27 years of age to 30 years of age pursuant to this regulation.

3. The Committee notes from the Government's report that although the provisions of the collective agreement between Bangladeshiyo Cha Sangsad and the Bangladesh Cha Sramik Union are recommendatory, the Government has no record of any member challenging the recommendations or any association refusing to implement any of its recommendations. The Committee also notes the Government's reiterated statement that, while wage rates for men and women are traditionally listed separately, the rates fixed and the wages paid are the same in each category. The Committee would again request the Government to provide information on the level of wages actually paid to men and to women, and also indicate the number (or percentage) of female and male workers in each class of work in the plantations.

The Committee requests the Government to supply copies of legislation or collective agreements which establish binding minimum wages for men and women in other sectors of the economy including the public service, agriculture (sugar and rice), mining and manufacturing (particularly textiles and vehicles).

4. The Committee again requests the Government to supply full information on the measures taken or contemplated to promote equality of opportunity and treatment in respect of employment and occupation particularly in the area of wages and remuneration, with a view to eliminating discrimination on the grounds set out in the Convention, particularly on the ground of sex. In this regard the Committee requests the Government to provide information on the promotional activities of the Ministry of Establishment as well as the Department of Women's Affairs which concern the provisions of the Convention as well as any reports, studies or documents published by these bodies.

5. The Committee requests the Government to continue to provide statistical information pertaining to the employment of men and women and to provide full information on the practical application of the terms of the Convention.

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In comments made over recent years, the Committee has stressed the positive nature of the measures to be taken under Articles 2 and 3 of the Convention and the need for full and detailed information on various aspects of measures taken or envisaged by the responsible authorities to promote equality of opportunity and treatment in respect of occupation and employment. The Committee again requests the Government to supply full information on action taken in this regard.

1. In its previous direct request, the Committee noted from the Government's report that relevant details on women employed in various trades are not available but that the quota for women in employment had been increased, the age limit of women had been relaxed, and that working women's hostels had been set up. The Committee requested that the Government provide certain details in these areas. The Committee notes the information provided in the Government's report that the quota for women in non-gazetted posts recruited through open competition has been raised to 15 per cent; that 60 per cent of the posts in the field of health and population control are now being filled by women and 50 per cent of posts of teachers in primary schools are reserved for women. The Government indicates that working women's hostels are constructed by the Government in Dhaka, Chittagong, and Rajshahi; that these hostels are managed by the Department of Women's Affairs under the Ministry of Social Services and Women's Affairs.

The Committee asks that the Government provide the following information:

(a) the total number of non-gazetted posts which have been recruited through open competition, including the number of these posts filled by women, and the number of these posts filled by men, each tally for the same recent period of time;

(b) the total number of posts in the field of health and population control, including the number of these posts filled by women, and the total number of these posts filled by men, each tally for the same recent period of time;

(c) the total number of posts of teachers in primary schools, including the total number currently filled by women and the total number currently filled by men;

(d) the total number of posts of teachers in secondary schools, including the total number currently filled by women and the total number currently filled by men;

(e) the total number of primary and secondary schools as well as the numbers of students served by them, including the total number of those schools designated for boys only, and the total number of those schools designated for girls only;

(f) a copy of the most recent available annual report published by the Ministry of Education on the subject of education in Bangladesh.

2. The Committee asks that the Government provide information about the function and purposes of the women's work hostels, particularly as they relate to promotion of the principles embodied in the Convention.

3. In its previous direct request, the Committee noted the Government's indication that the age limit for employment of women has been relaxed from 27 to 30 years. As noted above, the Government in its report indicates that there is no prescribed upper limit for men and women workers in factories or establishments. The Committee asks the Government to supply information on the situations in other sectors of the economy where there is an upper age limit for the employment of women and men, and whether there has been any change in the situation with respect to the upper age limit for the employment of women and/or men since 1985. The Government is asked to include with its next report a copy of any law or regulation which imposes an upper age limit in any sector of the economy.

4. The Committee notes the collective agreement between Bangladeshiyo Cha Sangsad and the Bangladesh Cha Sramik Union sent with the Government's report. The Committee notes from paragraph 3 of the agreement that its terms are recommendatory. The Committee further notes that, for all the various job classifications covered by the agreement, the wage rates for women are set apart from those for men, although the wage levels themselves are, in each case, the same. The Committee asks that the Government provide full information on the level of actual wages paid in practice to women as compared to men in the tea industry. The Committee asks that the Government supply full information on the form this remuneration typically takes, whether in species or in-kind payments, as well as copies of legislation or collective agreements which establish binding minimum wages actually paid.

The Committee asks that the Government provide with its next report copies of legislation or collective agreements which establish binding minimum wages for men and women working in other sectors of the economy, including the public service, agricultural sectors (particularly sugar and rice), the mining industry, and manufacturing sectors (particularly textiles and vehicles). Lastly, the Committee asks that the Government supply full information on the measures taken or envisaged by the responsible authorities to promote equality of opportunity and treatment in respect of employment and occupation particularly in the area of wages and remuneration, with a view to eliminating discrimination on the basis of the factors enumerated in the Convention, particularly sex.

5. The Committee asks that the Government provide full information on statistical information which is gathered in the country concerning employment and occupation particularly with respect to statistics collected pertaining to the employment of men as opposed to those collected pertaining to the employment of women.