Statement by Hameeda Hossain
To the Committee on the Elimination of all forms of Discrimination Against Women
On the Fifth Periodic Report of the Government of the
People’s Republic of Bangladesh
31st CEDAW Session, New York, USA
6 July 2004

Thank you, Madam Chair. I speak on behalf of Ain o Salish Kendra (ASK) and Steps Towards Development, two organisations that submitted a Shadow Report to the Fifth Periodic Report. I would like to raise four critical areas of systemic discrimination against women:

1. Obstacles to Eliminating Discrimination

Continued reservations to Article 2, which constitute the core principle of equality and non-discrimination, are an obstacle to eliminating discriminatory national laws and public policy.

This Article is not inconsistent with the guarantees given in the Constitution of the People’s Republic of Bangladesh; the principle of equality has informed the National Policy for Advancement of Women, and the Interim Poverty Reduction Strategy Programme.

Withdrawal of reservations to Article 2 are an essential condition for the elimination of discriminatory laws and policies.

2. Citizenship Rights

Our second concern is that two outdated laws: The Bangladesh Citizenship Act, 1951 and The Bangladesh Citizenship (Temporary Provisions) Order 1972, deprive women of equal rights in citizenship. The prescription that the right of citizenship be passed on to children from “father and grandfather” is clearly inconsistent with constitutional guarantees of equality in Article 28(1 & 2). Although Article 6 of the Constitution states that citizenship will be determined and regulated by law, but its intention cannot be to create different classes of citizenship. These laws are also inconsistent with Bangladesh’s ratification of Article 9 of CEDAW.

The government in its answer to question no 34 of the Committee has stated that the matter was discussed in the meeting of the National Council of Women in September 1992, but a decision was not taken.

It is our submission that the amendment required is a minor one of language and not of principles or policy and the Ministry of Law, Justice and Parliamentary Affairs could, therefore, be tasked, to draft the amendments for adoption by Parliament, within a stated time period. We would further submit that both section 5 of the Bangladesh Citizenship Act 1951 and Bangladesh Citizenship Act (Temporary Provisions) Order of 1972 be amended to remedy discrimination with regard to citizenship.

3. Security of Employment

Migrant women workers work in insecure and unsafe conditions. In 1998, the government placed a ban on the employment overseas of women domestic workers. This has violated the freedom of movement of women and affected their economic status. It may also have led to trafficking and therefore could not be consistent with Article 6.

It is our submission that bilateral treaties with foreign countries endorse protective conditions, to enable women to seek legal redress in case of exploitation or violence at their work place. Further, the government could design insurance schemes to protect workers from health hazards or termination, following the models of Philippines and Sri Lanka.

With the expiry of the Multi-Fibre Agreement in Textiles in December 2004 over a million women who had migrated from rural areas to work in garment factories may become jobless. The consequence will be catastrophic for them, their families and for rural society. Bangladesh needs to urgently design schemes for compensation, insurance or safety nets, so that women do not fall below the poverty line. Urgent measures under Article 14 of CEDAW are necessary to address the conditions of working rural women.

4. Implementing CEDAW Provisions

Bangladesh has not yet incorporated rights under CEDAW into national laws, nor have all its directions been implemented through law and policy reform.

We would like to suggest that the government set up a task force (constituted by legislators and women’s rights groups) which would propose appropriate legal amendments, within a stipulated time frame, to make laws consistent with the provisions of CEDAW and the Constitution.

Further we would like to urge that an independent Women’s Rights Commission be constituted to monitor compliance with equality provisions, and results of measures to eliminate discriminatory laws, policies and practices.

This page was last updated on February 21, 2005

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