A Commentary on
Bangladesh's Combined Third and Fourth Periodic Report for
the Members of the United Nations Committee on the Elimination
of Discrimination Against Women
Bangladesh Mahila
Parishad
Bangladesh National Women Lawyers Association
Naripokkho
INTRODUCTION
The last two decades
have witnessed a global upsurge of women's organized effort
to articulate their demand for equal rights in all spheres
of life. The period has also witnessed positive responses
and measures taken by the United Nations for the promotion
and protection of women's human rights. Among these the United
Nations Convention on the Elimination of All Forms of Discrimination
Against Women (the Convention), adopted in 1981, has been
a major instrument for enabling women to realize their full
potential as persons. Since the adoption of the Convention,
the United Nations has urged the member-states to ratify the
Convention and to fulfill their reporting obligations to the
Committee on the Elimination of Discrimination Against Women
(CEDAW).
Bangladesh ratified
the Convention on 6 November 1984 with reservations on Articles
2, 13 (a), 16.1 (c) and (f). The imposition of reservations,
and in particular the reservation on Article 2, has been criticised
by women's organisations as being contrary to the spirit of
the Convention itself and in contradiction to the provisions
of the Constitution of Bangladesh. Women's organisations have
demanded withdrawal of all reservations and full implementation
of the Convention.
In fulfilling
its reporting obligations to CEDAW, the Government of Bangladesh
(GOB) has so far submitted an initial report and a second
and third periodic report. The report under consideration
during the 17th Session of CEDAW in July 1997 is a combined
Third and Fourth Periodic Report.
We appreciate
the fact that the most recent report has made an effort to
provide a more comprehensive picture of the situation of women
in Bangladesh. It incorporates a broader data base quoting
the most recent statistics available. It is also more honest
in acknowledging the limitations and shortfalls of GOB's efforts
to implement the Convention.
It may be noted
that for the first time the Ministry of Women and Children
Affairs formed a committee to guide the preparations of the
Report. It is significant that the committee included three
prominent activists from the women's movement. The selection
by the committee of two persons with a long involvement in
the women's movement as consultants to prepare the report
has surely contributed to the quality of the report.
Nevertheless,
there are important omissions as well as inadequate treatment
of certain issues. In the commentary which follows, we have
attempted to highlight some of these aspects. Our focus has
been to comment on the GOB report and point to questions arising
directly from the information presented therein. In other
words, this is not an Alternative Report as such, but a "commentary"
only.
This commentary
has been prepared jointly by members of Bangladesh Mahila
Parishad, Bangladesh National Women Lawyers Association and
Naripokkho. All three are membership based voluntary organisations
who occupy leadership positions in the women's movement in
Bangladesh. Moreover, all three organisations have been actively
advocating for the withdrawal of Bangladesh's reservations
on the Convention, demanding incorporation of the Convention's
principles and provisions into state policy and programmes,
providing training on the Convention, as well as raising public
awareness.
Bangladesh Mahila
Parishad, Bangladesh National Women Lawyers Association and
Naripokkho are also members of CEDAW Forum, a platform of
individuals and organisations dedicated to the promotion and
implementation of the Convention founded in 1992.
A more detailed
profile of each organisation is annexed.
COMMENTARY
Although, Bangladesh
ratified the Convention as early as November 1984, no steps
have been taken to incorporate the obligations under the Convention
into national legislation. Nor have any systematic steps been
taken for widespread awareness and action programmes to create
an enabling environment for the withdrawal of reservations
and for the progressive implementation of the Convention.
A few programmes to support the advancement of women have
been introduced, in particular in the education sector. The
totality of these programmes, however, account for only a
fraction of the national effort required to support and empower
women and girls to fight the daily discrimination they face
in social, political, economic and cultural life.
The following
commentary will, on an article by article basis, focus on
specific points and questions in relation to GOB's Third and
Fourth Periodic Report submitted for the consideration of
CEDAW in its 17th Session.
Article 2
State Parties
condemn discrimination against women in all its forms, agree
to pursue by all appropriate means and without delay a policy
of eliminating discrimination against women and, to this end,
undertake:
- To embody the
principle of the equality of men and women in their national
constitutions or other appropriate legislation if not yet
incorporated therein and to ensure, through law and other
appropriate means, the practical realization of this principle;
- To adopt progressive
legislative and other measures, including sanctions where
appropriate, prohibiting discrimination against women;
- To establish
legal protection of the rights of women on an equal basis
with men and to ensure through competent national tribunals
and other public institutions the effective protection of
women against any act of discrimination;
- To refrain from
engaging in any act or practice of discrimination against
women and to ensure that public authorities and institutions
shall act in conformity with this obligation;
- To take all
appropriate measures to eliminate discrimination against
women by any person, organization or enterprise;
- To take all
appropriate measures, including legislation, to modify or
abolish existing laws, regulations, customs and practices
which constitute discrimination against women;
- To repeal all
national penal provisions which constitute discrimination
against women.
Have there been any
measures taken to introduce anti-discriminatory legislation
or to amend existing discriminatory aspects in personal and
civil laws? Bangladesh has not yet developed any legal provision
for the incorporation of the principles and provisions of the
Convention into its domestic legislation.
Bangladesh at present can state that there are adequate
laws to protect the rights of women, but their enforcement
is weak. Mechanisms to enforce and administer these laws are
inadequate and ineffective. Most of the litigations are delayed,
as courts are overloaded. The decree or orders passed cannot
be made effective.
Example: A court awarding maintenance to a woman under the
Family Court's Ordinance of 1955 can not be executed due to
loopholes in the law of execution. Sometimes execution of
cases become uncertain due to want of an accurate permanent
address of the husband. For non-implementation of decree a
bailable warrant is issued and the penalty is only 3 months
civil prison. In most such cases, the defendant obtains a
bail and thereafter the case continues month after month.
For attachment of property, execution requires an accurate
description of the man's property which very often the woman
is unable to provide.
Delays in court procedures and court proceedings also allow
accused persons out on bail to intimidate victims and tamper
with evidence. What measures are being taken to eliminate
the backlog of cases and expedite processing? What measures
have been taken to strengthen the enforcement and implementation
of laws that protect the rights of women?
Article 3
State Parties shall take in all fields, in particular in
the political, social, economic and cultural fields, all appropriate
measures, including legislation, to ensure the full development
and advancement of women, for the purpose of guaranteeing
them the exercise and enjoyment of human rights and fundamental
freedoms on a basis of equality with men.
Bangladesh has a small tribal population. There are conflicts
in the Chittagong Hill Tracts between the Bengali settlers
and the tribal population. Peace talks are currently under
way between the militant tribal organization and the Government.
There are no women representatives on either side in these
peace negotiations, though women are the most effected and
the worst sufferers of this conflict.
Besides the tribal population, there are religious and linguistic
minorities. Women in the religious minorities are deprived
of rights to inheritance of parental property and to divorce.
What is the Government doing to protect the rights of women
of ethnic, religious and linguistic minorities?
Article 4
Adoption by the State parties of temporary special measures
aimed at accelerating de facto equality between men and women
shall not be considered incrimination as defined in the present
Convention, but shall in no way entail as a consequence the
maintenance of unequal or separate standards; these measures
shall be discontinued when the objectives of equality of opportunity
and treatment have been achieved.
The GOB report has mentioned employment quotas for women
in the public sector. What is being done to improve quota
fulfillment by ministries, department, corporations that have
not been able to attain the quotas? It is sometimes said that
not enough qualified women are available, especially in the
technical fields. If so, what is being done to improve availability
of suitably qualified women? Are any efforts being made to
provide special training or undertake promotional recruitment
campaigns?
GOB has recently initiated a move to fulfill the quota of
women in the higher tiers of the bureaucracy by recruiting
women from different sectors already in positions equivalent
to the desired posts. This move definitely deserves appreciation
and in future continuous process for fulfillment of women's
quotas should be guaranteed by the government.
The dismal figures for quota fulfillment in public service
are not only a reflection of inappropriate recruitment procedures
and lack of proactive measures to encourage women to apply,
but also the imposition of district quotas on recruitment.
This means that the availability of eligible women does not
automatically ensure entry or recruitment if she is from a
district that is over represented in the service. In other
words the reservations for women are rendered meaningless
by the super imposition of district quotas. Has the government
considered a waiver of district quotas in the case of women
applicants?
In order to ensure women's representation in the National
Parliament 30 reserved seats have been created for women in
addition to the 300 general seats. This provision was created
through a constitutional amendment in 1979 as a temporary
special measure for 10 years. It was renewed for a second
ten year term which is due to expire in 1999. Have the objectives
for undertaking this measure been fulfilled or is there still
a need to continue with this measure? Is the government considering
the proposal made by different women's organizations to increase
the number of reserved seats to 64 to represent the 64 districts,
and to fill the seats through direct elections rather than
through selection by the majority party in Parliament?
The Government has appointed a Local Government Commission
to formulate a Local Government Bill. What are the measures
envisaged to ensure participation by an adequate number of
women at all levels; to ensure that they have the necessary
linkages so that they can represent women as a constituency;
and, to ensure that they have the necessary skills to play
their role effectively?
Existing labour laws require provision of crche facilities
in all institutions employing more than 50 women. What measures
has the Government taken as an employer to provide such facilities
for its own staff?
The Women and Child Repression (Special Provision) Act of
1995 provides for separate courts to be set up to try cases
that come under this Act. The backlog of cases results in
long delays as well as in the unnecessary detention of under
trial prisoners. The prisons are said to be currently overcrowded
and almost 70% of the inmates are under trial detainees. Violence
in prisons have been reported as has been sex abuse of women
prisoners. There are no separate prisons for women.
Article 5
State parties shall take all appropriate measures:
- To modify the
social and cultural patterns of conduct of men and women,
with a view to achieving the elimination of prejudices and
customary and all other practices which are based on the
idea of the inferiority of the superiority of either of
the sexes or on stereotyped role for men and women.
- To ensure that
family education includes a proper understanding of maternity
as a social function and the recognition of the common responsibility
of men and women in the upbringing and development of their
children, it being understood that the interest of children
is the primordial consideration in all cases.
It is stated in the
GOB report that the Cell on Violence Against Women of the Department
of Women Affairs has dealt with 83 cases of acid attacks on
women and girls during 1996. Between 1 January and 23 June 1997
daily newspapers have reported 40 cases of acid attacks. What
measures has the government taken to stop the open sale of acid
by retailers?
The GOB report mentions that enquiry committees are sometimes
set-up to examine cases of violence against women such as
cases of custodial rape, rape by members of law enforcing
agencies. What are the procedures for such enquiry committees?
To whom do they report? To whom are they accountable? Do they
include women or representatives of women's organizations
as members? If not, why not?
Two recent cases where such committees were set up are that
of the custodial rape and death of Shima Chowdhury and the
disappearance and alleged kidnapping of Kalpona Chakma. Kalpona
Chakma disappeared on 12 June 1996. Shima Chowdhury was forcibly
detained and raped in Raozan police station in Chittagong
in October 1996. She was thereafter kept in "safe custody"
in prison under instruction of the court where she died tinder
mysterious circumstances in February 1997, a week after the
accused policemen were charge sheeted. The accused policemen
were residing in the same prison.
The government is yet to disclose the findings of these
enquiry committees. It has been observed that government is
quick to set up enquiry committees, but the findings and reports
are almost never made public. It appears therefore that the
announcement of enquiry committees is often a means of tackling
public pressure at that point in time, but there is no accountability
to the public on the conclusion of these committees.
The rules of "safe custody" for victims results in keeping
them in jail where, since no separate space is available,
they are kept with convicted persons. Under these rules women
and girls, who are the victims of trafficking, violence and
forced prostitution are kept in jail custody "for their own
safety"! Women's organisations and human rights organisations
have demanded that these rules be changed as jail custody
leads not only to secondary victimisation but is often associated
with physical and sexual abuse and injury, and can also lead
to death as in the case of Shima Chowdhury. What steps have
been taken to review the whole issue of "safe custody" and
make necessary revisions to the rules?
Women are discriminated against when they seek to rent a
house by themselves. There are as yet no measures to make
such discrimination by landlords illegal.
Article 6
States Parties shall take appropriate measures, including
legislation, to suppress all forms of traffic in women and
exploitation of prostitution of women.
Mention has been made of the need for regional co-operation
to deter trafficking. What are the regional measures being
taken to suppress trafficking in women and girls? Have any
agreements been reached between sending and receiving countries
to co-ordinate legal and administrative measures in the region,
particularly within SAARC? What are the constraints, if any?
What has been progress so far?
What are the measures being taken to prevent trafficking
from occurring? Has recent legislation resulted in larger
numbers of traffickers being arrested and convicted?
Since prostitution itself is not unlawful, are there any
measures to provide health, sanitation and education services
to them and their families?
The problems of child prostitution are compounded by the
lack of birth registrations which allows a girl's age to be
determined in an arbitrary manner. Are any measures being
taken to improve birth registration?
Have any specific programmes been undertaken to provide
women with alternative employment options instead of being
drawn or pressurised into trafficking or prostitution in search
of livelihoods?
Instead of providing effective rehabilitation, sex workers
are harassed and evicted illegally. In a recent incident on
12 May 1997, prostitutes living and working in the Kandupatti
brothel in old Dhaka were forcefully evicted by a self-appointed
committee of residents of the locality. What steps are being
taken to ensure or guarantee their civic rights? A writ case
has been filed for illegal eviction of the sex workers of
Kandupatti in the High Court. A rule has been issued and at
present hearing of the case is going on. The government has
taken no action against the unlawful eviction, nor has the
government come forward to provide relief to the evicted women
and their children.
The Home Minister has reported in Parliament on 22 June
1997 that there are at present 93067 policemen in the country,
supported by another 4,961 in Range Reserve Police and 7,055
in Armed Police Battalion. What special measures have been
taken to increase the effectiveness of this force in controlling
trafficking of women and children and in preventing crimes
against women? Has any special module been included in police
training to improve police handling of cases of violence against
women and girls? What is being done to improve police investigation
of crimes against women? Under General Recommendation 19 of
CEDAW, state parties to the Convention have been urged to
"take appropriate and effective measure to overcome all forms
of gender-based violence, whether by public or private act;".
Specific mention is made of gender-sensitive training of judicial
and law enforcement officers and other public officials.
Article 7
State Parties shall take all appropriate measures to eliminate
discrimination in the political and public life of the country
and, in particular, shall ensure to women, on equal terms
with men, the right:
- To vote in all
elections and public referenda and to be eligible for election
to all publicly elected bodies;
- To participate
in the formulation of government policy and the implementation
thereof and to hold public office and perform all public
functions at all levels oft government;
- To participate
in non-government organizations and associations concerned
with the public and political life of the country.
What measures has
the Government taken to ensure the political participation of
women e.g. so that they can exercise their right to vote? In
the 1994 Union Parishad (local body) elections and again in
the 1996 Parliament elections there were a few cases of women
of an entire locality not being allowed to vote. In 1994 Mahamaya
Union Parishad election in Chagalnaiya thana, Feni district
village headmen and religious leaders issued a fatwa that it
is against Islamic principles for women to go to polling centres
and vote. More than six thousand women voters could not exercise
their right to vote in a constituency with a total of fourteen
thousand voters. A case has been filed by the Bangladesh National
Women Lawyers Association under Section 102 of the Constitution
on behalf of women deprived from voting. A rule was obtained
against the chairman and members of the Union Parishad as to
why the said election should not be declared illegal because
a large number of voters were intimidated into staying away
from the polling stations by a local religious decree which
has no legal sanction. The main petition is pending hearing
before the High Court Division of the Supreme Court. What is
being done by the government and the election commission to
ensure that women can exercise their right to vote in an atmosphere
free from the threat of violence and coercion?
Article 8
State Parties shall take all appropriate measures to ensure
to women, on equal terms with men and without any discrimination,
the opportunity to represent their Governments at the international
levels and to participate in the work of international organizations.
What is the proportion of women's participation in various
delegations to international conferences and meetings? It
was observed that even the delegation to the Beijing Conference
was predominately male.
Article 9
- States Parties
shall grant women equal rights with men to acquire, change
or retain their nationality. They shall ensure in particular
that neither marriage to an alien nor change of nationality
by the husband during marriage shall automatically change
the nationality of the wife, render her stateless or force
upon her the nationality of the husband.
- States parties
shall grant women equal rights with men with respect to
the nationality of their children.
The GOB report mentions
that measures are being taken to ensure equality between women
and men with regard to citizenship rights. Please provide more
information on what exactly is being done to amend the Citizenship
Act of 1951 whereby citizenship can be transmitted by Bangladeshi
men to their children irrespective of whether they are married
to Bangladeshi women or not. Bangladeshi women who are married
to non-Bangladeshi men cannot transmit citizenship to their
children. We are aware that at least one writ petition is pending
in Supreme Court. The petitioner Sayeeda Rahman Malkani has
filed a case on grounds of discrimination in the transmission
of citizenship to children. Sayeeda Rahman Malkani is a Bangladeshi
citizen married to an Indian living in France. Her two sons
were refused Bangladeshi passports by the Bangladesh Embassy
in Paris.
Article 10
State parties shall take all appropriate measures to eliminate
discrimination against women in order to ensure to them equal
rights with, men in the fields of education anti in particular
to ensure, on a basis of equality of men and women:
- The same conditions
for career and vocational guidance for the achievement of
diplomas in educational establishments of all categories
in rural as well as in urban areas; this equality shall
be ensured in pre-schools, general, professional and higher
technical education, as well as in all types of vocational
training;
- Access to the
same curricula; the same examinations; teaching staff with
qualifications of the same standard and school premises
and equipment of same quality;
- The elimination
of any stereotyped roles of men and women at all levels
and in all forms of education by encouraging co-education
and other types of education which will help to achieve
this aim and, in particular, by the revision of textbooks
and school programmes and the adaptation of teaching methods;
- The same opportunities
to benefit from scholarships and other study grants;
- The same opportunities
for access to programmes of con tinning education, including
adult and functional literacy programmes, particularly those
aimed at reducing, at the earliest possible time, any gap
in education existing between men and women;
- The reduction
of female dropout rates and the organization of programmes
for girls and women who have left school prematurely;
- The same opportunities
to participate actively in sports and physical education;
- Access to specific
educational information to help ensure health and well-being
of families, including information and advice on family
planning.
Are specific steps
being taken to make educational materials and curricula more
gender sensitive? Are there plans to incorporate information
on international h ii man rights instruments such as the Convention
and the Child Rights Convention, to enhance the understanding
and perception of boys and girls, and men and women of their
rights?
What steps are being taken by Government to improve the
teacher-student ratio which is unacceptably high at primary
level and a cause of drop-outs? Primary school teachers are
given numerous non-educational responsibilities such as compilation
of voter lists. This reduces their teaching time and affects
the quality of education. How is the negative impact on education
justified?
Food for Education, in spite of its impact in increasing
enrollment and retention, can potentially lead to the misuse
of food resources and increases administrative responsibilities
for school teachers. Can the Government instead consider providing
school lunches, similar to what was done in Sri Lanka?
Although one of the highest allocations in the national
budget is for education, expenditures for primary education
are less than for higher and technical education. In view
of the very low literacy rate, is this justified?
Government policy is that 60% of all recruitment to positions
of primary school teachers should be female. Women too are
very keen on taking up such employment. However the Government
has said that it cannot fulfill this recruitment target. How
can this contradiction be explained? What are the measures
being taken to increase female recruitment?
Article 11
- State parties
shall take all appropriate measures to eliminate discrimination
against women in the field of employment in order to ensure,
on a basis of equality of men and women, the same rights
in particular:
- The right
to work as an inalienable right of all human beings;
- The right
to same employment opportunities, including the application
of the same criteria for selection in matters of employment;
- The right
to free choice of profession and employment, the rights
to promotion, and security and all benefits and conditions
of service and the right to receive vocational training
and retraining, including apprenticeships, advanced
vocational training and recurrent training;
- The right
to equal remuneration, including benefits and to equal
treatment in respect of work of equal value, as well
as equality of treatment in the evaluation of the quality
of work;
- The right
to social security, particularly in cases of retirement,
unemployment, sickness, invalidity and old age and other
incapacity to work, as well as right to paid leave;
- The right
to protection of health and safety in working conditions,
including the safeguarding of the function of reproduction
- In order to
prevent discrimination against women on grounds of marriage
or maternity and to ensure their effective right to work,
State Parties shall take appropriate measures:
- To prohibit
subject to imposition of sanctions, dismissal on the
grounds of pregnancy or of maternity leave and discrimination
in dismissals on the basis of marital status;
- To introduce
maternity leave with, pay or with coin parable social
benefits without loss of formal employment, seniority
or social allowances;
- To encourage
the provision of the necessary supporting social services
to enable parents to combine family obligations with
work responsibilities and participation in public life,
in particular through promoting the establishment and
development of a network of child-care facilities;
- To provide
special protection to women during pregnancy in types
of work proved to be harmful to them.
- Protective legislation
relating to matters covered in this Article shall be reviewed
periodically in the light of scientific and technological
knowledge and shall be revised, repealed or extended as
necessary.
What is being done
to ensure equal remuneration and benefits for work of equal
value? The daily wage rate for men and women are different.
Women's wages are nearly one half of what men are paid for daily
labour. The government has not instituted any mechanism to monitor
and change this.
What is being done to protect the rights and interests of
women in the informal sector, particularly contract, home
workers and self employed micro-entrepreneurs?
The government has not publicised the messages of Article
11.2(a) so in many cases women are being forced to resign
in the private sector if they get married or if they become
pregnant.
Although the Department of Women's Affairs is currently
implementing a project to provide Day Care Services for the
Children of Working Women, it is yet to be reflected as a
standard provision in any government organisation or programme.
The government has not even instituted a child care facility
for government employees working in the Central Secretariat.
The labour laws state that crche facilities must be provided
if there are at least fifty women employed in an establishment.
The government has not taken any steps to enforce this law
and very often industrial establishments bypass the regulation
by "employing" less than 50 women and putting the remaining
women on master roll, i.e. on daily basis contracts.
The Home Minister has informed the Parliament on 22 June
1997 that 2,847 posts in the police force are now lying vacant
and another 5,000 new posts have been created. What steps
are being taken to ensure that this opportunity is used to
recruit more women into the police force? At the moment women
represent less than 1% of the total police force. Women are
also debarred from taking part in the Bangladesh Civil Service
examinations for entering into cadre service as direct police
officers.
The transport sector is totally dominated by men. There
are practically no women drivers for rail, road and water
transport systems in the public or private sector. There are
now only four women pilots in civil aviation. Despite affirmative
action quotas in government service, the government has made
no attempts to train women to join the various services in
the transport sector.
Article 12
- State Parties
shall take appropriate measures to eliminate discrimination
against women in the field of health care in order to ensure,
on a basis of equality with men and women, access to health
care services, including those related to family planning.
- Notwithstanding
the provisions of paragraph 1 of this article, State Parties
shall ensure to women appropriate services in connection
with pregnancy, confinement and post-natal period, granting
free services where necessary, as well as adequate nutrition
during pregnancy and lactation.
Women are disproportionately
targeted by the family planning programme. The Contraceptive
Prevalence Survey shows that less than 5% of the contraceptives
are used by men. At the implementation level, most of the motivation
work is done to promote contraception by women. The majority
of the domiciliary workers for family planning are women who
are able to motivate other women. The cultural barrier between
women and men is such that the motivation of men by women domiciliary
workers is not feasible.
In some instances, contraceptive costs have been introduced
by the Social Marketing Company in the Family Planning programme.
The bias is tilted towards female contraception through the
pricing policy as well. For example, a packet of 3 condoms
are sold for Tk.1.00 while a packet of oral contraceptive
pills, supply for one month, also costs Tk.1.00. Thus the
pricing policy itself favours female contraception allowing
men to shirk their responsibilities in this regard.
There have been reports of coercion in the Bangladesh family
planning programme. Incentives continue to be given for sterilization
providers and acceptors. During periods of seasonal deprivation
there is an increase in acceptance, suggesting economic coercion.
How does the Government justify incentives while promoting
the concept of free choice?
It has been reported that there is Quinacrine administration
for chemical sterilization at the Chittagong Medical College
Hospital. This is in spite of the fact that the World Health
Organization has issued a strong statement against the use
of Quinacrine for sterilisation in humans. WHO has stated
that further animal experiments are necessary before it can
be considered fit for "human trials". Have any measures been
taken to stop the programme and follow-up on the women to
whom it was administered?
Norplant has been made available for women in both rural
and urban areas. Problems with the quality of services, particularly
refusal to remove implants, is disturbing. What measures have
been taken to investigate the issue and address the problem?
Abortion is not recognized and menstrual regulation services
are available only up to the third month. By the time women
recognise that they are pregnant and go for services, they
tend to be beyond the third month and services are restricted.
Thus many women end up going for back alley abortion services.
There are approximately 800,000 abortions taking place every
year. Only 10% of those are estimated to be done properly
at health facilities. Mortality due to abortion complications
is very high and contributes significantly to maternal mortality.
25% of the maternal mortality is estimated to be due to septic
abortions. Nearly a third of the women admitted to the female
ward in the Dhaka Medical College Hospital are due to complications
from incomplete abortions. A recent query at the Infectious
Diseases Hospital revealed that nearly 50% of tetanus cases
among women were due to septic abortions. What are the plans
to expand and develop services for menstrual regulation?
Fertility regulation is being addressed through family planning
and contraception.
What measures have been taken to address the issue of son
preference including the need to amend the laws of inheritance?
The Government has endorsed the ICPD Plan of Action without
any reservations. What steps have been taken to include women's
organizations in design, implementation and evaluation of
health and population programmes?
The GOB report does not discuss the responsibility of the
health sector for violence victims. Violence against women
is a major health problem leading to more deaths than maternal
mortality, which is recognized as one of the highest in the
world. Crimes against women include physical and sexual abuse,
attack and injury. Acid attacks on women and girls constitute
a specific form of violence leading to partial or complete
disfigurement of faces. Disfigurement of women's faces not
only require reconstructive surgery, but also treatment for
sensory disability that is often an associated effect. What
measures have been taken by the health system to provide compassionate
treatment of good quality? What facilities are available for
burn treatment? What is being done to improve these facilities
and women's access to them?
Prevention of violence against women requires in part that
justice is not denied. Medical evidence plays an important
role in the administration of justice. What are the facilities
for the examination of rape victims? What is the state of
forensic medicine and what kind of training is provided to
doctors? What is being done to improve these facilities and
women's access to them?
Table 13 in the GOB report shows the total number of hospital
beds in the country to be 37,131 in 1995. Out of this how
many are for women and how many are for men? The GOB report
also points out that according to 1995 figures there are more
registered physicians (24,638) than nurses (11,200). What
is being done to redress this imbalance and improve the doctor
/ nurse ratio?
Article 13
State Parties shall take all appropriate measures to eliminate
discrimination against women in other areas of economic and
social life in order to ensure, on a basis of equality of
men and women, the same rights, in particular:
- The right to
family benefits;
- The right to
bank loans, mortgages and other forms of financial credit;
- The right to
participate in recreational activities, sports and all aspects
of cultural life.
Observations show
that the practice is that a woman public servant's parents are
not entitled to be covered by her family medical benefits. A
male public servant receives this support. This is contrary
to the Government's position that men and women are entitled
to equal benefits.
Article 14
- State Parties
shall take into account the particular problems faced by
rural women and the significant roles which they play in
the economic survival of their families, including their
work in the non-monetized sectors of the economy and shall
take all appropriate measures to ensure the application
of the provisions of this Convention to women in rural areas.
- State Parties
shall take appropriate measures to eliminate discrimination
agaimist women in rural areas in order to ensure, on the
basis of equality of men and women, that they participate
in an benefit from rural development and, in particular,
shall ensure to such women the right:
- To participate
in elaboration and implementation of development planning
at all levels;
- To have
access to adequate health care and family planning,
social security, education and extension services; participation
in self-help groups and commnmmnity activities; access
to agricultural credit and other facilities and adequate
living conditions;
- To benefit
directly from social security programmes;
- To obtain
all types of training and education, formal and non-formal,
including that relating to functional literacy, as well
as inter alia, the benefit of all community and extension
services, in order to increase their technical proficiency;
- To organize
self-help groups and co-operatives in order to obtain
equal access to economic opportunities through employment
or self-employment;
- To participate
in all community activities;
- To have
access to agricultural credit and loans, marketing facilities,
appropriate technology and equal treatment in land and
agrarian reform as well as in land resettlement schemes;
- To enjoy
adequate living conditions, particularly in relation
to housing, sanitation, electricity and water supply,
transport and communications.
How effective are
rural credit programmes for poverty alleviation undertaken by
Government or NGOs such as ASA, BRAC and financial institutions
such as the Grameen Bank, in reaching the poorest of the poor,
such as women who are single, widowed, divorced and deserted?
Various studies and observations suggest these categories are
left out.
In rural society, the village courts (gram shalish) systematically
exclude women from the institution. Women may be tried in
such courts but they are never the judges. The Government
of Bangladesh has not taken any steps to redress this situation.
Moreover the scope of intervention of these courts is restricted.
Despite this restriction, innumerable cases have occurred
where sentences have been imposed on women and carried out.
Furthermore, self appointed village bodies have pronounced
fatwas (sentences in the name of religion) on women for "incorrect
behaviour". In several cases these fatwas have included violent
punishments and have resulted in the death of women.
Example: On 10 January, 1993, a young woman named Nurjahan
Begum, was tried in such a village court composed of about
a dozen male village "elders" for committing the sin of "zena"
(adultery). The judgment subjected her and her partner to
be stoned 101 times each, and her elderly parents to be caned
50 times each.
Nurjahan Begum, daughter of Ashraf Ullah of village Chatakchara,
Kamalganj Thana, District Sylhet, was 7th among 9 daughters.
She had been married five years before this incident, but
her husband had divorced her and she had returned home to
live with her parents. Late in 1992 her parents arranged Nurjahan's
marriage to Matlib, a young man from her own village. The
local Muslim priest, Moulana Abdul Mannan, verified the legality
of her divorce and pronounced that the marriage could take
place. The marriage between Nurjahan and Matlib took place
in October.
Within fifteen days of the marriage, however, an informal
village council (panchayet) met and the marriage was declared
illegal and void. Nurjahan and Matlib were deemed to have
been cohabiting outside of marriage. The village council also
announced that a trial would be held by a village court on
January 10 1993. The verdict of this court was that the marriage
was illegal and the man and woman were to be stoned for the
crime of adultery, and for having engineered this illicit
arrangement, the woman's parents were to be caned.
On the same day as the trial (January 10), the punishments
were carried out. A hole was dug in a neighbour's courtyard
and stones were collected from the local hill side. Matlib
and Nurjahan were brought in turn and made to stand in the
hole. The court chose a local woman to stone Nurjahan, and
a male relative to stone Matlib. Nurjahan and Matlib were
brought in turn to stand in the hole and were then stoned
101 times each. The local priest then declared that Nurjahan
and Matlib may not see each other again and can marry only
after four years have passed.
Nurjahan left the scene of the stoning immediately afterwards,
ran to her father's house, and while her parents' punishments
were being carried out, she reportedly took poison and committed
suicide. Moulana Mannan refused to conduct the appropriate
religious rites for the funeral because she had been accused
of adultery. Later, other villagers came forward and in defiance
of his fatwa (pronouncement! verdict), held a funeral for
Nurjahan.
Nurjahan's father requested two members of the Union Parishad
(formally elected members of the local council) to assist
him in reporting his daughter's death to the local police
station; they refused. The police also moved very slowly and
only came to investigate the matter on the following day Subsequently,
the seven accused persons were apprehended, tried and convicted
to 7 years imprisonment. The case was appealed and is pending.
Since then, innumerable cases of such illegal fatwa induced
violence on women have occurred throughout the countryside.
Firoza Begum of Satkhira was sentenced to broom beating. Nurjahan
of Faridpur was burnt to death. Both cases are pending before
the courts. Daily newspapers have reported 6 incidents of
fatwas on women between January and April 1997.
What steps does the government intend to take: a) to ensure
that women will not be arbitrarily tried by unregulated bodies
which have no legal standing, and b) to prevent atrocities
in the name of religious fatwas.
Article 15
- The State Parties
shall accord to women equality with men before the law.
- State parties
shall accord to women, in civil mnatters, a legal capacity
identical to that of men and the same opportunities to exercise
that capacity. In particular, they shall give women equal
rights to conclude contracts and to admiminister property
and shall treat them equally in all stages of procedure
in courts and tribunals.
- State Parties
agree that all contracts and all other private instruments
of any kind with a legal effect which is directed at restricting
the legal capacity of women shall be deemed null and void.
- State Parties
shall accord to men and women the same rights with regard
to the law relating to the movement of persons and the freedom
to choose their residence and domicile.
Theoretically women
have the same right to migrate as men. In practice, women require
the permission of their "guardians" as well as of the Government.
What is being done to facilitate their migration and to ensure
their security and rights in the host/receiving country?
Although Article 28 (2) of the Constitution provides for
equal rights for men and women in all spheres of state and
of public life and Bangladesh has not reserved on Article
15 of the Convention, GOB has not taken any steps to extend
the provision of equal rights to private life. Therefore,
in reality this equality in the law is not applicable to women
under the personal laws. As such women's constitutional rights
are infringed by the prevailing personal laws. In view of
this, various women's organizations have voiced the demand
for a uniform non-discriminatory civil code to govern matters
currently under religion-based personal laws such as marriage,
dissolution of marriage, inheritance, custody and guardianship
of children. Is the Government considering this demand? If
so, what are the steps that have been taken to review the
demand and place it before the appropriate authorities?
Although Article 15(3) of CEDAW has been ratified, in reality
for a Muslim marriage contract one male witness is equal to
two female witnesses. This is in contradiction with the existing
Evidence Act. What is being done to eliminate this contradiction?
Article 16
- State Parties
shall take all appropriate measures to eliminate discrimination
against women in all matters relating to marriage and family
relations and in particular shall ensure, on a basis of
equality of men and women:
- The same
right to enter into marriage;
- The same
right freely to choose a spouse and to enter into marriage
only with their free and full consent;
- The same
rights and responsibilities during marriage and at its
dissolution;
- The same
rights and responsibilities as parents, irrespective
of their marital status, in matters relating to their
children; in all cases the interests of the children
shall be paramount;
- The same
rights to decide freely and responsibly on the number
and spacing of their children and to have access to
the information, education and means to enable them
to exercise these rights;
- The same
rights and responsibilities with regard to guardianship,
wardship, trusteeship and adoption of children, or similar
institutions where these concepts exist in national
legislation; in all cases the interests of the children
shall be paramount;
- The same
personal rights as husband and wife, including the right
to choose a family name, a profession and an occupation;
- The same
rights for both spouses in respect of ownership, acquisition,
management, administration, enjoyment and disposition
of property, whether free of charge or for a valuable
consideration.
- The betrothal
and the marriage of a child shall have no legal effect,
and all necessary action, including legislation, shall be
taken to specify a minimum age for marriage and to make
the registration of marriages in an official registry compulsory.
Given the high incidence
of desertion of their families by fathers, separation or divorce
with the children being left with their mothers, what is being
done to ensure implementation of legal provisions for maintenance
of children by the father?
What is being done to encourage men to take reproductive
responsibility, for example by shifting responsibility for
contraception to men?
What is being done to enforce the registration of marriages
and to enforce the minimum legal age of marriage? What is
being done to publicize the fact that marriages by way of
affidavit before a notary public, popularly known as "court
marriages", are not registered marriages?
ANNEXURE
Profile of Bangladesh Mahila Parishad
Bangladesh Mahila Parishad (BMP) is a women's national voluntary
activist organization. It was established on 4 April, 1970.
For the last two decades BMP is working to achieve women's
human rights, ensure women's participation in all areas of
sustainable development, and for women's economic, political,
legal and social empowerment.
BMP is the largest women's organization in Bangladesh, with
nearly 50,000 members, representing all the social strata.
Women over 16 years, who believe in women's emancipation and
are willing to work for women's empowerment, are eligible
for membership. BMP has a broad based organizational network
comprising 52 local branches spread throughout the country.
The key features of BMP's work are: (1) Close networking
with mass-based popular organization and political parties,
(2) continuing linkage with the thoughts of the mainstream
social and women's movement both at the national and international
level, (3) ability to articulate and politicise women's needs
and concerns both at the grass-roots and national level, (4)
taking a visible and leading role in the movement for resisting
fundamentalism, political authoritarianism and violence against
women in all forms including those resulting from fatwa, (5)
initiating and maintaining an active role in uniting women
in the movement for achieving specific goals. At the same
time, BMP maintains a close and smooth working relationship
with GOB. It was registered with the Ministry of Social Welfare
in 1978 and with the NGO Affairs Bureau in 1992. BMP owns
the building in which the office premises and the shelter
for battered women are located.
Specific Activities related to the Convention
BMP was the first women's organization to publicize the
Convention through a press conference in 1985. BMP then brought
out a Bangla translation and circulated it through various
women's organizations and BMP local level branches in 86-87
and started training women's organizations on the Convention.
As a follow-up activity, BMP joined a united forum to advocate
and lobby for withdrawal of reservations and full implementation
of CEDAW. BMP organized a mass signature campaign for withdrawal
of reservations and submitted it to the Foreign Ministry,
as a part of pre-Beijing activity in 1994. Bangladesh Mahila
Parishad
29 Purana Paltan Line
Dhaka 1000, Bangladesh
Telephone: 880 2 9344765
Profile of Bangladesh National Women Lawyer's Association
(BNWLA)
Bangladesh National Women Lawyers Association (known in
Bangla as Bangladesh Jatiyo Malila Ainjibi Samity), was formed
loosely at first in the year 1979 and then registered as a
legal body under the Societies Act in the year 1981. The need
for an organised women's legal aid body to cater to the deprived,
battered, harassed and denied women of Bangladesh was long
felt. The women lawyers further felt that in order to promote
the rights of women in Bangladesh, it was imperative that
a professional body of women lawyers provide strength and
support to the other women's organizations.
The vision of the organization is to improve the status
of women in the society as well in the country by enabling
deprived women to become self-confident, aware about their
legal rights and make them productive members of society founded
on justice.
The objectives of BNWLA are:
- To organize
the women to develop their status in the community.
- To improve women's
domestic, social, legal, economic and political status.
- To provide justice
and eradicate violence against women.
- To create equal
opportunities and rights for every woman in Bangladesh.
- Establish linkages
and networking with law enforcing authority, local peoples,
local NGO's, administration and people's representatives
involved and concerned with women and children's rights
and their implementation.
Since 1993 BNWLA
has been maintaining liaison with different government and non-government
organisations regarding the Convention and contributed to the
preparation of an Alternative Report. BNWLA has organized training
for lawyers and participants from civil society on a participatory
method on the Convention. The organization is also planning
to have 3 workshops on the Convention in Khulna, Dinajpur &
Rajshahi districts. Three cases on political participation,
safe custody and trafficking in women has been filed and four
other related cases are ready to be filed. IWRAW Asia Pacific
has strengthened BNWLA's activities by providing BNWLA with
resource persons for training programme on CEDAW.
BNWLA
36/2 Mirpur Road, Dhaka, Bangladesh
Tel: 880 2 9663295
Profile of Naripokkho
Naripokkho is a women's activist organisation founded in
1983. It undertakes advocacy, research and training on various
issues related to women's rights and advancement. Naripokkho's
interests can be broadly classified under the following four
themes:
- violence against
women and human rights
- women's health
and reproductive rights
- representation
of women in media and cultural politics
- gender issues
in environment and development
The organisation
is supported primarily by its membership, which represents a
wide variety of skills and expertise in different disciplines.
Naripokkho's work has ranged from local level constituency building,
to national level coalition building and participating in international
discussion fora on these issues. Naripokkho engages in public
protests and campaigns as well as in advocacy work with the
state through participation in government advisory committees
and working groups.
Naripokkho has been actively engaged in discussions on the
Convention through its participation as a core member in the
International Women's Rights Action Watch (lWRAW) since 1987
and subsequently in the work of IWRAW Asia Pacific since its
inception in 1992. Naripokkho had prepared a Brief for CEDAW
members in 1993 when the Second Periodic Report of Bangladesh
was reviewed by CEDAW. As one of the founding members of CEDAW
Forum in Bangladesh, Naripokkho organised the first orientation
meeting on the Convention for Forum members and other ngos.
Naripokkho has also facilitated for IWR.AW Asia Pacific a
South Asia regional training workshop on the Convention in
1994 and a Training of Trainers workshop on the Convention
in 1996.
Naripokkho
House 51, Road 9A
Dhanmandi R.A.
Dhaka 1209, Bangladesh
Tel/Fax: 8802819917
E-mail: [email protected]
