Committee on the Elimination of Discrimination against Women considers the report of Bangladesh

GENEVA (8 November 2016) - The Committee on the Elimination of Discrimination against Women today considered the eighth periodic report of Bangladesh on its implementation of the provisions of the Convention on the Elimination of All Forms of Discrimination against Women.
 
Introducing the report, Meher Afroze Chumki, Member of Parliament and State Minister, Ministry of Women and Children Affairs of Bangladesh, said that the principle of equal rights for women and men had been incorporated in the Constitution immediately after the independence of Bangladesh in 1971.  The National Women Development Policy, adopted in 1997 and updated in 2011, was the foremost charter for the emancipation of women, and Bangladesh was a role model in the eradication of poverty which had been reduced from 30 to 24.3 per cent.  Vulnerable Group Development was the largest social safety net programme which focused predominantly on improving the nutritional status of one million rural women and children.  The Domestic Violence (Prevention and Protection) Act had been enacted in 2013, and measures had been taken to set up special tribunals for violence against women.  Bangladesh and its Prime Minister were strongly committed to ending child marriage for children under the age of 15 by 2021 and children under 18 by 2041.  A law updating the Prevention of Child Marriage Act of 1929 was awaiting approval by the Cabinet, and the National Plan of Action 2015-2021 had been adopted to reduce child marriage by addressing all the relevant issues associated with this phenomenon.
 
In the discussion that followed, Committee Experts were gravelly concerned about the refusal of Bangladesh to withdraw the reservations to article 2 and 16 of the Convention, and the lack of intention to adopt a unified Family Code which would supersede personal laws to ensure equality of women in matters of marriage, divorce, inheritance, and child custody.  Stressing the importance of an adequate legislative framework, they inquired about the timetable for the reform and repeal of the many discriminatory laws and legal provisions, and the status of the long-awaited Anti-Discrimination Bill.  Experts urged Bangladesh to urgently address persistent and prevailing gender stereotypes in the society, and the negative patriarchal attitudes among the judiciary which interfered with the access of women to justice.  Violence against women reached alarming levels, they said and asked what was being done to make the laws and policies more effective, and to ensure that the fight against gender-based violence was a national priority, and that robust measures were developed to deal with sexual violence, including against refugees, migrants and undocumented migrants.  Bangladesh should ensure constitutional recognition of indigenous peoples and immediately investigate the extent of sexual violence and violence against indigenous women and girls in the Chittagong Hill Tracts.
 
In her concluding remarks, Ms. Chumki said that the women of Bangladesh were making important contributions to the development of the country alongside men, and Bangladesh was considered a role model of women empowerment. 
 
Yoko Hayashi, Committee Chairperson, commended Bangladesh for its efforts and encouraged it to address various recommendations which the Committee would issue with the purpose of the more comprehensive implementation of the Convention throughout the State party.
 
The delegation of Bangladesh included representatives of the Ministry of Women and Children Affairs, Ministry of Health and Family Welfare, Ministry of Home Affairs, Ministry of Labour and Employment, Ministry of Education, Ministry of Law, Justice and Parliamentary Affairs, and the Ministry of Local Governments, Rural Development and Cooperatives, as well as representatives of the Permanent Mission of Bangladesh to the United Nations Office at Geneva.
 
The Committee will reconvene in public on Wednesday, 8 November, at 10 a.m., to consider the combined fifth and sixth periodic reports of Estonia (CEDAW/C/EST/5-6).
 
Report

The eighth periodic report of Bangladesh can be read here: CEDAW/C/BGD/8. 

Presentation of the Report
 
MEHER AFROZE CHUMKI, Member of Parliament and State Minister, Ministry of Women and Children Affairs of Bangladesh, said that the principle of equal rights for women and men had been incorporated in the Constitution immediately after Bangladesh’s independence in 1971.  Bangladesh had a target of transforming to a middle income country by 2021 and a developed economy by 2041, which could not be achieved without women and therefore massive steps had been taken to develop the socio-economic conditions of women, paving the way for flourishing women’s leadership, alleviating female poverty and expanding women’s education.  The National Women Development Policy, adopted in 1997 and updated in 2011, was the foremost charter for the emancipation of women, implemented by the Ministry of Women and Children Affairs.  Bangladesh had achieved significant progress in a number of the Millennium Development Goals, including in poverty reduction targets, child malnutrition, gender parity in primary and secondary education, under-five mortality and prevention of HIV and tuberculosis.  The Agenda 2030 had been adopted and the Sustainable Development Goals had been incorporated in the Seventh Five-Year Plan. 
 
The education of women and the alleviation of poverty among women were among the highest priorities: nearly two million students received stipends, and programmes were in place to increase the number of women in higher education and reduce female drop-out rates, including the provision of school meals, setting up separate sanitation facilities for girls and boys in schools, and earmarking of two universities for women in addition to the provision of coeducation in other academic institutions.  Women’s presence in government and non-government employment had been significantly increased: alongside open competitions, Bangladesh had adopted a 10 per cent quota for the appointment of women to gazetted posts and 15 per cent to non-gazetted posts.  Bangladesh had emerged as a role model in the eradication of poverty which had been reduced from 30 to 24.3 per cent.  Vulnerable Group Development was the largest social safety net programme which focused predominantly on improving the nutritional status of one million rural women and children.  Half a million mothers were receiving maternal allowance and lactating mother allowances were given to 180,000 women. 
 
Bangladesh was still to achieve success in preventing violence against women and stopping child marriage, protecting women from trafficking, establishing the principle of equality in securing property rights for women, and ensuring that women were paid equal wage for equal work.  The Domestic Violence (Prevention and Protection) Act had been enacted in 2013, and measures had been taken to set up special tribunals to try cases of violence against women.  One-stop crisis centres operated in eight medical colleges and provided medical, psychological and legal assistance to victims, a toll-free line operated around the clock to enable reporting of domestic violence and violence against women, and programmes had been put in place to raise awareness about violence against women.  Various laws, including the Women and Children Repression Prevention Act 2000, provided for the prevention of sexual violence against children, while a host of measures were being taken to protect women and girls from sexual violence, including within marriage.
 
Additionally, local governments were taking measures to strengthen the enforcement of the Child Marriage Restraint Act and the Dowry Prohibition Act.  Bangladesh and its Prime Minister were strongly committed to ending child marriage for children under the age of 15 by 2021 and children under 18 by 2041.  A law updating the Prevention of Child Marriage Act of 1929 was awaiting approval by the Cabinet, and the National Plan of Action 2015-2021 had been adopted to reduce child marriage by addressing all the relevant issues associated with this phenomenon.
 
Questions from the Experts
 
A Committee Expert asked how Bangladesh was considering the opinion of the Law Reform Commission which was in favour of the withdrawal of the reservations to article 2 and 16 of the Convention.
 
Many discriminatory laws and provisions remained in the national legislation, such as different definitions of the child in various acts, failure to prohibit marital rape, and the lack of jurisdiction of special tribunals for violence against women to hear cases of discrimination against women.  What were the intentions and timeline for the repeal of all discriminatory laws and were there conversations with Islamic scholars from other countries which had successfully revised their Family Codes to ensure the equality of women in matters of marriage, divorce, inheritance, and child custody?
 
What plans were in place to enact the law on sexual harassment and revise the Women and Children Repression Prevention Act 2000 in line with the High Court directive?
 
What was being done to address the phenomenon of land grabbing and the militarization of indigenous areas, particularly in the Chittagong Hill Tracts, to ensue constitutional recognition of indigenous peoples, and to address violence against indigenous women?
 
What measures were in place to ensure the delivery of services and protection to undocumented migrants from Myanmar?
 
Responses by the Delegation
 
The delegation said that the reservations to article 2 and 16 could not be withdrawn because 90 per cent of the population were Muslims and divorce and property regulations were based on religious practices.  Bangladesh was committed to gender equality and was considering how to strengthen its roots.
 
Sexual harassment was a problem in many other countries, not only Bangladesh.  People were aware of the provisions of the High Court.  The age of a child was 18 years for marriage, and lower in the Labour Code; all children under the age of 18 were prohibited from working in risky professions.
 
The Constitution embodied the principle of equality between women and men, which was mainstreamed in Government policies and plans of actions.  The National Children Development Policy and the Children’s Act were harmonized with the provisions of the Convention on the Rights of the Child in matters of the definition of the child.
 
The Legal Aid Services Provision Act had been enacted which had set up a free legal aid Commission at the district level, which was a mechanism to improve access to justice for poor women. 
 
Minorities were recognized by the Constitution and this recognition was applicable to the indigenous peoples living in the Chittagong Hill Tracts.  The Government was aware that the full recognition and inclusion of the Dalits was a precondition to Bangladesh becoming a middle-income country by 2021.
 
In the follow-up questions, Committee Experts expressed grave concern about the position of Bangladesh vis-à-vis the withdrawal of the reservations to the Convention and the lack of intention to adopt a unified Family Code which would supersede personal laws in the country, and asked about the process of inclusion of civil society organizations and women’s organizations to see how change could be generated.  The Foreign Donations Act had been adopted last month and it had the potential of restricting freedom of expression of non-governmental organizations critical of the Government. 
 
Experts stressed that the legislative framework was very important, and asked about the status of the long-awaited Anti-Discrimination Bill and the efforts to repeal discriminatory laws.  What was being done to address patriarchal attitudes among the judiciary and stigmatization of women in the justice sector, particularly with regard to elderly women, women with disabilities and minority women?  Would Bangladesh consider adopting the National Action Plan for the implementation of the Committee’s concluding observations, so that it would be easier to track progress?
 
Responding, the delegation said the peoples’ mind sets or social mind sets were not visible to the eye but it could be sensed when the people were ready for a change.  The number of non-governmental organizations was constantly increasing, especially since they had an adequate operating environment, and it was imperative to ensure that they operated with transparency and accountability.  This was particularly important in the context of the growing threat of terrorism. 
 
The anti-discrimination legislation had been drafted and was awaiting consultation with civil society and others.  The bill was now pending before the Ministry of Justice. 
 
Questions from the Experts
 
With regard to the national gender machinery, a Committee Expert reiterated concern about the capacity and the mandate of the Ministry of Women and Children Affairs to implement the National Women Development Policy. 
 
What were the obstacles to having a full-fledged Minister for Women and Children’s Affairs instead of a State Minister?  Was the increase in the budget of the Ministry under consideration, and which efforts were being undertaken to ensure that the Ministry played a more substantial role in the implementation of women and gender equality policies and programmes?
 
Gender mainstreaming had been institutionalized across 40 ministries, but the mechanism tracking aid flow into the gender equality programmes was lacking.
 
Bangladesh had registered progress in increasing representation and participation of women in political life, and the recruitment of women in the navy and in foreign service posts, also by using temporary special measures.  There was still room for progress, particularly to increase the participation of women in Parliament and to strengthen the human rights situation of women in certain sectors such as in access to credits and loans, access of vulnerable women to social services, and in the fight against the feminisation of poverty.

Responses by the Delegation
 
The delegation explained that the current Ministry of Women and Children Affairs used to be a department in the Ministry for Social Affairs and said that the State Minister in charge participated in Cabinet meetings on an equal footing with other Ministers and enjoyed full jurisdiction over the affairs of the Ministry.
 
Special importance was given to the political empowerment of women, which started with supporting women at the grassroots level.  Since 2015, political parties were obliged to ensure that 33 per cent of their candidates were women, and women were to hold one third of all political appointments at local government level.  There were 50 reserved seats for women in Parliament, and 20 directly elected.  The Election Commissioner was responsible for the implementation of the quotas.  
 
There were many initiatives to prevent child marriage, especially those coming from the Office of the Prime Minister, such as the training of officials celebrating marriage.  Textbooks were also modified and child marriage was included therein to raise awareness among the young generation.  Adolescent clubs would be established throughout the country to motivate the young generations to resist child marriage.
 
In 2015, 4.6 per cent of the gross domestic product had been allocated for gender equality, representing 26 per cent of the total budget; a financial tracking system was in place which ensured that information was available about the expenditure for women.
 
Poor women were recipients not only of different social allowances, but also different types of training to increase their economic capacities and change their lives.
 
The Ministry of Women and Children Affairs was the leading Ministry in matters of laws and policies for women’s empowerment, but the other 40 Ministries had a role to play in the matter and had gender sensitive budgets to ensure they implemented their tasks.
 
Questions from the Experts
 
A Committee Expert noted with alarm the levels of violence against women and that nearly three quarters of incidents were not reported.  What was the Government doing to ensure that the measures in place were more effective?
 
Rape, sexual violence and gender-based violence against women as a result of religious fatwas were a serious concern.  What efforts were being done to address this and how was the Government cooperating with all sectors of the society?
 
There were concerns about the National Action Plan to reduce violence against women, which was developed without consultation, and did not pay attention to all factors playing a role in this phenomenon.  What measures were being taken to ensure that the fight against violence against women become a national priority and that more robust measures were developed to deal with sexual violence, including against refugees, migrants and undocumented migrants, including Rohingya?
 
The implementation of the laws addressing violence against women remained problematic, also due to stereotypes among the judiciary and law enforcement officers.  What measures were being taken to ensure that the judges, the police and all other officials were trained in adequate implementation of those laws, including the Domestic Violence Act? What measures were being taken to investigate the extent of sexual violence and gender-based violence against indigenous women and girls in the Chittagong Hill Tracts and to ensure access to justice for survivors?
 
Another Expert recognized the progress Bangladesh had made in the prevention of human trafficking and the adoption of the comprehensive law on the subject.  What was the timeframe for the adoption of the rules of procedure for the implementation of the law and the timeframe for the setting up of the specialised tribunals to try crimes of human trafficking?
 
Unregistered refugees, particularly Rohingya women, were often excluded from the protection offered by this law, due to the ignorance of State officials working on human trafficking.  What measures were in place to address this issue?
 
What measures were being taken to prevent the abuse of women in prostitution and to prevent the violation of their human rights, to address demand side, and to support women wishing to leave prostitution?
 
Responses by the Delegation
 
The fight against violence against women was a challenge and a priority in Bangladesh which had put in place measures to prevent the violence and to strengthen the position and status of women. 
 
The issue of Rohingya was a problem; they had been fleeing Myanmar for three decades and were very different from the people of Bangladesh.  Many did not even know how many children they had.  Many problems came with the Rohingya, such as terrorism and others.
 
The National Plan of Action to address violence against women had been developed in 2013 which had identified 28 Ministries that had a role to play.  Consultations had been undertaken at local and district levels.  The National Action Plan had three phases, and the first had already been completed; a review had been initiated to identify good practices.
 
The anti-trafficking act had been adopted in 2012, and it foresaw the development of three different sets of rules of procedure to facilitate its implementation.  Those rules had been developed and sent to the Ministry of Home Affairs.  Rescue, repatriation, rehabilitation and reintegration task forces had been set up in which government and non-governmental organizations worked very closely on issues of trafficking in persons and support to victims.
 
There were around 35,000 registered Rohingya and more than 300,000 Myanmar citizens living in Bangladesh.  Bangladesh was not a party to the 1951 Refugee Convention.  It was currently preparing a strategy paper on Rohingya issues in cooperation with the International Organization for Migration, which addressed matters such as census, repatriation, and the provision of social services.  The local police was providing security to registered Rohingya, who could also report any act of violence against them.
 
There were three places where women worked as prostitutes.  Women received special support by the Government and non-governmental organizations, for example in case of prostitutes who had children.  The issue of prostitution was not a significant problem in Bangladesh.
 
Following-up on the replies by the delegation, the Experts noted that despite the many initiatives to address gender stereotypes, negative perceptions of women persisted, together with harmful traditional practices such as child marriage or dowry.  What initiatives were in place to eliminate gender stereotypes and harmful traditional practices? 
 
Sex workers and their children faced stigma, abuse and threats and were deprived of access to health services and protection by the police and the judiciary.  Would Bangladesh implement the important Supreme Court decision of 14 March 2000 on the illegality of eviction from brothels and abuse of raiding actions which deprived women of their homes, work and belongings?  What monitoring mechanisms would be put in place to ensure accountability of the police and judiciary for appropriate implementation of the law and abuse and threats against sex workers?
 
Would marital rape be criminalized?
 
Responding, the delegation said that many initiatives were being taken to address child marriage and its root causes, namely poverty, lack of education and lack of security.  Measures were in place to address discrimination against girls which started at the moment of their birth, as parents considered boys to be the ones earning money, and girls the ones destined for marriage.
 
The number of sex workers was not very high and there were non-governmental organizations which worked with this population.  In the past, the societal belief was that married women would could not be raped by their husbands; the attitudes were now changing.  There were several types of sex workers in Bangladesh, and all were covered with health management, while in cooperation with non-governmental organizations they were supplied with condoms and necessary medicines.  They were periodically registered, underwent health examinations and the treatment for sexually transmitted diseases, if necessary. 
 
Victims of sexual and gender-based violence were usually reluctant to report cases, although the number of reported cases was on the increase, which was evidence of changing societal attitudes.
 
The Ministry of Education had a policy in place which aimed to ensure equal access for women to vocational and higher education and to eliminate gender discrimination from education by 2030.
 
Questions from the Experts
 
Although women had reached the highest level of the political pyramid, this was not reflected in other areas such as in local governments, political parties, and the Cabinet, said a Committee Expert and asked the delegation to provide the numbers of women in the local governments, judiciary, foreign service, and academia.
 
What was the level of political participation of minority women, and the participation of women in the media, which had a direct impact on the political participation of women as well?
 
What was the timeframe for the adoption of the revision of the Citizenship Act 1951 concerning the passing of nationality by a woman to her foreign husband, and would it ensure equal treatment of Bangladeshi women and men marrying a foreign citizen?
 
How did Bangladesh ensure the full and non-discriminatory implementation of the norms of the Citizenship Act which allowed for the acquisition of nationality by birth to all children born in Bangladesh, and how would this provision be applied in case of marginalized and vulnerable populations?
 
What were obstacles in registration at birth throughout the country to ensure access to social and health services for all children even before they reached school age, and how about the situation of the children of the Rohingya, particularly those undocumented ones who were not registered at birth?
 
Responses by the Delegation
 
The delegation explained that birth registration used to be the responsibility of local governments but with the enactment of the Birth Registration Act, a Department for Birth Registration was being created at the Office of the Inspector General.  The percentage of birth registration was low as people seldom went to the registration office, which they could do at a later stage when enrolling children to school. 
 
Because of women’s quota of one third of reserved seats, there were more than 4,000 women participating in political bodies at the grassroots level.
 
The 2008 amendment to the Citizenship Act 1951 required foreign spouses of Bangladeshi citizens – men and women alike - to reside in Bangladesh for four years before obtaining citizenship.  The Citizenship Act 2009 which had not yet been enacted had increased the requirement to five years, without any discrimination as to gender.
 
There were six female justices in the Supreme Court, while the number of women in the media had increased and at least 40 per cent of the personnel were women.  About 25 per cent of the officials in the Foreign Office were women.
 
Questions from the Experts

A Committee Expert expressed concern about the high dropout rate among girls which left more than half of the country’s girls lagging behind.  What was the status of the implementation of the High Court directive to all educational institutions to develop policy on sexual harassment and establish complaint boxes, and why was such a policy directed at individual institutions rather than carried out by the Government?
 
In the area of employment, the Experts raised concerns about the low participation of women in the employment sector and in particular in the formal sector, pay gaps that continued to exist between women and men in all sectors, and asked about measures to enhance women’s opportunities in the labour market in both formal and informal sectors. 
 
Discrimination against women on the basis of pregnancy continued and many employers ignored the Labour Law – what was the engagement of the Government with the private sector and how was the Labour Inspectorate reinforced to implement the new provisions of the Labour Law?
 
What measures were being taken to ensure the implementation of the High Court decision concerning the protection of women from sexual harassment in the work place?
 
Several concerns persisted in the health sector, particularly the implementation of harmonized guidelines and protocol in a culturally diverse country, the continued high mortality rate for girls under the age of 18 and pregnant mothers, and the lack of data collection which hampered the understanding of the impact of health interventions.
 
What were the main causes of maternal deaths? What was the evolution of teenage pregnancies, particularly among disadvantaged groups?  Had any studies been conducted on the impact of the prohibition of abortion on maternal mortality and illegal abortions? 
 
Replies by the Delegation
 
Responding to the questions and comments made by the Committee Experts, the delegation said that Bangladesh had achieved gender parity in primary and secondary education and that millions of students were receiving stipends.  Child marriage was still a reality in Bangladesh and therefore there were teenage pregnancies. 
 
The Education Law was ready for vetting by the Ministry of Law and it was expected that it would be adopted by the end of this year.  The full data on the instalment of complaints boxes in accordance with the High Court directive were not available.  To date 1,478 complaints had been received from 2,224 out of 30,000 schools in Bangladesh.  Of those 1,010 complaints had been resolved and sanctioned as per school regulations, while serious cases were being addressed by the police.
 
The Labour Act had been amended in 2009 and Bangladesh had adopted the labour policy on safety, the domestic workers policy, the child labour policy and was now implementing those laws and regulations.  Sexual harassment in the workplace was a serious issue and the Labour Inspectorate had been strengthened to deal with the phenomenon.
 
The Government was aware of the importance of addressing the specific needs of adolescents and had a number of programmes in place such as setting up adolescents clubs through which adolescents could receive information and access different services.
 
In their follow-up questions, Experts noted with concern that there were reports of the involvement of teachers in sexual harassment and asked about the serious complaints submitted by the students which were being dealt with by the police.  The Committee was keenly aware of the formidable challenges in ensuring health services coverage throughout the country, said another Expert, and asked about mental health services available to victims of violence against women to help them overcome the trauma.
 
Responding, the delegation said that one stop crisis centres provided different kinds of support to women victims of violence.  Grave cases of sexual harassment in schools were not reported through complaint boxes.  The Mental Health Act 2016 would address many mental health issues in the country, and would set up the provision of clinical support in hospitals.

Questions from the Experts
 
A Committee Expert commended the adoption of the well structured social safety net and the introduction of a number of social safety net programmes to support the poor and marginalized, but it seemed that those programmes had failed to reach the most disadvantaged persons in remote areas, particularly women from religious minorities.  What mechanism was in place to monitor the implementation of those programmes, ensure transparency and prevent corruption?
 
The rate of malnutrition in Bangladesh was among the highest in the world – could the delegation provide disaggregated data per gender, age, geographic distribution, and minority background? 
 
Bangladesh was one of the most affected countries in the world by natural disasters and vulnerabilities were further compounded by the impact of climate change, particularly on  the rural poor.  Was gender perspective included in the disaster risk reduction and management laws and programmes?
 
When would the Anti-Discrimination Law be passed to protect the rights of Dalits and how could they currently vindicate their rights?  What policies were in place to eliminate stigma and discrimination against women from minorities, and women with disabilities?
 
Another Expert noted that religion and adherence to religious laws were an obstacle to achieving greater equality of women in all spheres of life and welcomed the opinion of the Law Commission which stated that Sharia was incompatible with the Convention.  Bangladesh should attempt to harmonize religious law with the Convention and adopt progressive measures compatible with religious laws to improve the situation of women.  The new proposed amendment to the law on child marriage included a clause which allowed the marriage of girls at the age of 16 with the consent of the parents or the court – this amounted to legalizing child marriage.
 
Responses by the Delegation
 
The legal age of marriage was set at 18, said the delegate and explained that every law allowed for some exceptions.  The clause allowing marriage at the age of 16 with the parental permission was not included in the new child marriage law. 
 
The Government was vigorously working to eliminate all forms of discrimination and empower women, including through measures to increase the participation of women in local governance bodies. 
 
Social protection programmes were in place to support poor and vulnerable rural women, in addition to food security programmes, pensions, allowances for lactating mothers, vulnerable groups feeding, and allowances for elderly women.  The National Social Security Strategy had been developed to strengthen the current social safety nets.  All distributions were monitored by non-governmental organizations which independently reported to responsible ministries.
 
Bangladesh had made budgetary provisions for disaster risk management and for support to victims.  The national disaster risk management policy gave special attention to women, children and vulnerable groups.  There was no discrimination against Dalit or others, the Government provided different forms of support to vulnerable people.
 
Concluding Remarks
 
MEHER AFROZE CHUMKI, Member of Parliament and State Minister, Ministry of Women and Children Affairs of Bangladesh, said that the women of Bangladesh were making important contributions to the development of the country alongside men, and Bangladesh was considered a role model of women empowerment.  The Committee’s concluding observations should take into account the progress the country had made in many areas.
 
YOKO HAYASHI, Committee Chairperson, commended Bangladesh for its efforts and encouraged it to address various recommendations which the Committee would issue with the purpose of the more comprehensive implementation of the Convention throughout the State party.

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