INTERNATIONAL CEDAW Day was observed on September 3. The Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) is the most important international instrument for protecting women’s human rights, and more than 185 countries of the world are signatories. Bangladesh signed this convention on November 6, 1984.
But there are two articles on which the country has continued to maintain reservations — Article 2 and Article 16.1.c. Till today, this reality remains a major challenge for Bangladesh’s women’s and human rights movements. Bangladesh has taken some positive initiatives to establish women’s human rights and gender equality in some areas, but no government initiated the reservation withdrawal from these articles, which would have obliged enactment or reform of national laws in favour of ensuring equal justice for women and men in public and private life.
Despite women’s and civil society organisations’ active movement against the issue, the government continues to give feeble excuses to defend its position in the periodic reports presented before the UN CEDAW Committee every four years. Apparently, the government is obsessed with a fear of possible retaliation by pro-religious forces. Parallel to the governmental report, there is also a provision for NGOs and civil society organiaations to submit Alternative Report, which helps the Committee to verify the authenticity of the governmental report.
The Citizens’ Initiative on CEDAW (CIC), Bangladesh, a coalition of 38 organisations, is presently working to submit this year’s Alternative Report before the International CEDAW Committee. The CIC urges the government of the People’s Republic of Bangladesh to comply with the following recommendations of the CEDAW Committee (in 2004) before submission of its Sixth and Seventh Reports:
-Act upon the Committee’s recommendation to ensure that the definition of discrimination in national legislation conforms with that in Article I of CEDAW, and to endorse CEDAW provisions into national legislation.
-Introduce a Gender Equality Commission to be constituted by members of Parliament, particularly women representatives, the Law Commission, and the women’s ministry to engage in wide consultations with women and human rights groups to examine discrimination in all national laws and to recommend amendments.
-Enact or reform laws in compliance with CEDAW provisions. Enact laws on domestic violence and sexual harassment, reform Articles 6 and 7 of Muslim Family Law Ordinance 1961, reform Special Marriage Act 1872, reform early marriage prevention act.
(a) Special measures for gender sensitisation of the judiciary, government officials and elected persons, for implementation of the NPAW, for maintaining gender segregated data in all public and private institutions and for periodic reviews to monitor progress (Article 5).
(b) Implement the provisions of the Saarc Convention on Trafficking by signing bilateral treaties to include protection of workers, setting up gender sensitive systems for voluntary repatriation, rehabilitation and counseling of the survivors of trafficking, and protection of young sex workers (Article 6).
(c) Amend the Fourteenth Amendment to the Constitution to introduce 100 reserved seats in Parliament for women to be elected directly by their constituencies, to ensure compliance with RPO 2008 for inclusion of 1/3 women into parliamentary standing committees and political party committees, and ensuring equality of responsibilities and jurisdiction for elected women members in all tiers of representative governance (Article 7).
(d) Increase the number of women teachers at all education tiers, make education environment woman friendly, provide suitable facilities in all institutions, produce gender sensitive texts, set up sexual harassment committees, encourage participation of women in sports and extra curricular activities and expand opportunities for vocational education (Article 10).
(e) Set up mechanisms to monitor implementation of Bangladesh Labour Act 2006 in both the public and private sectors, and to amend the law to include agricultural, tea garden and domestic workers.
(f) Increase budgetary allocations for women’s health (Article 12).
(g) Introduce system of land trusts for rural women, extend agricultural extension services to meet the needs of women farmers, simplify and extend credit arrangements, develop legal instruments for ensuring women’s access to land (Article 14).
(h) Improve and expand institutions for prevention of violence and protection of survivors, such as shelters, one stop crisis centres, DNA facilities, forensic facilities and counseling. Implement High Court directives for setting up sexual harassment committees in all work places; sensitize the judiciary and law enforcement agencies to women’s vulnerabilities; expand free legal aid services and operationalise the government legal aid fund more effectively — particularly for marginalised women; enforce existing laws stringently against perpetrators of fatwas that instigate violence; and promote a culture of equality through media campaigns and education (General Recommendation 19).
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