Report update

Citizen’s Initiatives
On
CEDAW Alternative Report
Thematic Area – CEDAW and Workers Rights

Content
CITIZEN’S INITIATIVES ................................................................................................................................1
1.4.1. GOVERNMENT’S INITIATIVES:............................................................................................................4
2.1. STATISTICAL REPORT OF BANGLADESH LABOUR FORCE.....................................................................5
4.5. Construction Workers:...................................................................................................................12
4.8. Domestic Workers:........................................................................................................................14

Executive Summary
1. Overview:
Citizen’s Initiatives on CEDAW alternative report committee will send non-
governmental report to United Nations Convention on Elimination of all forms of
Discrimination against Women Committee.
Right to work and employment is an important part of the CEDAW convention.
The participation of women workers in the national workforce has increased since
last 2/3 decades. This scenario as well as CEDAW Committee recommendation
encouraged including a separate chapter in CEDAW alternative report. If the
women workforce will get positive environment and assistance then lives of
women and their family will be changed as well as national economy will increase
rapidly. This is very important for our national development. The women workers
are now struggling inside both family and workplace. Every moment they are
struggling with these obstacles. Therefore, attention is given to analyze and
highlights the strength and obstacles of women workers in the CEDAW alternative
report.
1.1. Process: Prepare the thematic report
Citizen's Initiatives consisted by 38 non-government organizations. They have
been working for prepare an independent report (Alternative Report) providing the
women status of Bangladesh to the UNCEDAW Committee by the alliance sub-
committees. According to UNCEDAW Committee recommendations citizen
initiatives alternative report was divided into 21 thematic areas. Each area works
in different issues by the related sub-committee with their sharing meetings with in
the group, collection of information as well as materials, research report,
workshop with NGO's, Trade Union and the representatives of the selected
sectors.
1.2. Role of woman workers in Bangladesh:
The woman workers of Bangladesh are now playing a significant role in our
national economy. Their contribution is not less than the men rather in many
sectors higher are than they are. In our national economy the contribution of
woman workers are visible almost all sectors. Woman has also earned a huge
amount of foreign currencies by giving their effort mainly on RMG, Shrimp and
Tea sectors. Our economy is still depends on agriculture and above 30% of GDP
comes from agriculture sector, like rice processing. Woman’s role in rice
processing works is the wheel power. Construction, Domestic worker and Biri
industry are the other important sectors where the presence of woman workers is
most visible. The eight sectors included as women are mainly working in those
sectors, is reported.

1.3. Recommendation of CEDAW Committee - 2004 for Formal Sector:
The Concluding Recommendation Committee of CEDAW 2004 recommended
that the state party establish a monitoring mechanism to ensure the enforcement of
legislation requiring employers to provide equal pay for equal work, ensure that
maternity leave is available in all public and private employment and services,
especially through the enactment of a law on maternity leave and expand the
number of crèches/childcare facilities are available for working mother.
1.3.1. Government's Initiatives:
Bangladesh Government enacted legislation on 11 October 2006 related to labor
issue entitled “Bangladesh Labor Law 2006”. Despite of some limitation the
revised Bangladesh labor law 2006 ensures not only women rights but also
provides women’s opportunity to keep in touch with the decision-making
committee.
The following sections fulfill the requirements of the above recommendations:
1) Section 323 of Labor Law - 2006: Behavior to women
2) Section 345 of Labor Law - 2006: Equal pay for equal work
3) Section 45 - 50 of Labor Law -2006: Maternity benefits and instructions
4) Section 94 of Labor Law – 2006: Childcare
1.4. Recommendation of CEDAW Committee - 1997 for Informal Sector:
The concluding committee of CEDAW – 1997 recommended that the Government
pay particular attention to improving the wage levels and the terms and conditions
of women workers in the export processing zones as well as in the informal sector.
1.4.1. Government’s Initiatives:
Bangladesh Government has amended Bangladesh Export Processing Zone
Authority Act 1980 in 2008. This amendment limits to establish rights of the
workers who are engaged in Export Processing Zone. This amendment strictly
prohibits association with any Trade Union or Workers organization outside of the
export-processing zone and the worker is unable to file any complain to any
human rights organization or to any media against discrimination of wage.
Simultaneously, the worker cannot go for any movement to protect their rights
until 2010. As well as there is no any initiative in he informal sector.
1.5. Present Scenario:
Lack of proper monitoring system and insufficient skilled human resource of
Bangladesh Government, could not identify and evaluate the effect and impact of
Bangladesh labor law. On the other hand, Bangladesh Labor law has limited scope
for penalizing the defaulting factory owners and management. The penalty amount
is very meager. This offers a scope for the penalized amount to be disbursing
without any real impact and allows scope to repeat the offense, as there is no real
instance for the offender. Provisions to penalize repeated offender severely should

exist to dissuade repetition. As an effect, the owner gets privilege to ignore the
law.
However, Labor Law – 2006 do not recognize those women community who are
engaged in informal sector. As a result, a large portion of this informal sector’s
women is denied from the purview under the law and their efforts and contribution
to the Nations Economy are not recognized as formal sector. As a signatory
country, Bangladesh Government honors perform its obligations; which is not the
total scenario.
Chapter - 1
2. Link between Macro Scenario and Global Context:
The Universal Declaration of Human Rights (UDHR) proclaims an economic,
social and political right which is mentioned in article 23 (C) and article 25 (A) to
provide right to work, right to equal pay for equal work, right to form and join
trade union.
Bangladesh has ratified 33 ILO conventions, amending 7 out of 8 ILO core
conventions. The country has signed all major International Human Rights
Instruments like CRC, CEDAW etc. The country’s Constitution has ensured
workers human rights. The labor law with some limitations also has given justice
to the rights of working people. However, in the question of implementation of all
these conventions, declarations, laws and regulations much needs improvement for
implementation within Bangladesh and is not at a satisfactory level.
2.1. Statistical Report of Bangladesh Labour Force
The labor force in Bangladesh has expanded considerably during the last two
decades.
• The total labor force estimated at 49.5 million among them 37.4 million
male and 12.1 million female.
• The ratio of formal and informal sector in Bangladesh is 19:81 and
• The ratio between public and private sector is 24:76.
• The agriculture, forestry and fishery sector provides employment to the vast
majority of the labor force was 23.0 million (68.1 per cent of the total
employed labor).
• The patterns of employment are influenced by the existence of a large
component of the informal sector in most of the sectored activities.
2.2. Women's Participation in work force:
CEDAW provides specific article - 11
for elimination of discrimination against
women in the field of employment to
ensure the fight to employment based on
Article - 15 of the Constitution of
People's Republic of Bangladesh say
that the state party will take
fundamental responsibility to exempt all

equality of women and men. men who are engaged in agriculture and
labor from all repression
Women are increasingly entering into job market mainly in ready-made garments
and allied sector, tea gardens, NGOs, health care services, food processing
industry, export processing zones, services sectors and commercial enterprises and
informal sector i.e. construction, agriculture etc. The garment industry in
Bangladesh employs about 2.5 million or more workers of which 80 % constitute
women workers.
2.2.1. Link between existing policy and law:
Sl.
No
CEDAW Bangladesh Labor Law - 2006
1 Article 11 (C): Employment,
Training and
follow up training
Section: 4
(6,7,8,9)
Training for Apprentices
2 Article11(D) Equal work equal
pay
Section
345
No discrimination
between male and
female
3 Article 11 (F) Right to
Maternity
Section
45,46
Maternity benefit
4 Article 11(2)
(A)
No termination
during the period
of maternity leave
Section 50 No termination during
the period of maternity
leave
5 Article 11(2)
(D)
Special care in the
pregnancy period
Section 45 Special facility in case of
pregnancy
6 Article 12(2) Special facility
during pregnancy
and lactation
period
Section
45-50
Maternity benefits
This Law ensures the women’s rights required by the Article – 11 of CEDAW.
Except this article on October 11, 2006, new Bangladesh Labor law has provided
the following section that is related to women issues:
1) Section 7: Include mother’s name within the service book
2) Section 39: Some obligations to appoint women in rotating work
3) Section 40: Obligation to appoint women for handling dangerous work
4) Section 42: Obligation to appoint in underground
5) Section 45 -50: Maternity Benefit, special care in pregnancy period,
calculation of benefit, obligations of termination during the maternity
leave
6) Section 59: Separate toilet facility

7) Section 79 (B): Obligation to appoint women for whimsical work
8) Section 87: Some barrier for appointing woman workers
9) Section 91: Separate Bathroom
10)Section 93(3): Separate rest room for woman workers
11)Section 94: Child care facility
12)Section 109: Limited working hour for woman workers
13)Section 323: Women Membership of national industry, health and safety
council
14)Section 332: Behavior to women
15)Section 345: Equal pay for equal work
16)Section 351 (B) (5) To empower for declaring rule in favor of transfer or
weight lifting of a women, adult or male
2.3. Gaps and limitations of existing Labor Law:
The lacuna/ gaps of Bangladesh Labor Law are;
• Lack of service security
• limited practice of leave with wage
• insufficient facility in formal sector
• no provision during menstrual period in a women
• No specific labour law for informal sector
• Weak monitoring mechanism
• Exclude handicap people
• Do not recognize agriculture sectors workers
• Permanently set a provision against domestic helper
• No specific laws for rural women workers
• Lack of insufficient facility for lactating mother during working hours for
taking care of her child
• Frequent termination and adverse situation of women workers at workplace
during pregnancy period.
• No scope to form union and right to organize
• Definition of discrimination is not clear and narrow down by only wage
• Maternity benefits are limited within two children
• No incentive for private sectors for women employment
• No special quota for women apprenticeship
• No application of the Agriculture Labor (Minimum Wage) Ordinance -
1984.
Bangladesh Labor Law provides several clauses and regulations regarding women
issues. Nevertheless, some additional points need to be added to its provisions.
2.4. Practices:

The above gaps and limitations of Labor law deprive women community and
malpractice is happening everywhere. Practically we see in our context that is:
 In some cases, when any woman becomes pregnant, she is terminated at
any cost or management creates adverse situation against her working
circumstances
 Management pressurizes to work overtime
 Lack of insufficient facility for lactating mother during working hours for
taking care of her child
 The management does not hesitate to use bad language and misbehave for
any minor mistake of the women worker.
 Scope to form union and right to organize is very striated
2.5. The status of women in different sectors:
According to BGMEA, in Bangladesh, 5400 factories providing employment to a
total of 2.5 million workers, of which 90% were women earning 76% foreign
exchange. Most of the female workers migrated to the city from all over the
country in search of employment and came to the city as the first generation of
income earning members of the family. Being the fresh migrant from the rural life
they have to face a big challenge in new working situation, rigid time schedule,
low work standards, lower wages, weekly holiday, maternity protection, trade
union rights, leave, compensation and poor health facilities and lack of skill as
well as high insecurity at their work place and their residence.
In general, workers are supposed to enjoy their rights albeit legal rights, safety and
security and freedom of association and right to organize protected by both
national and international labor codes and standards. However, the reality is that
Bangladesh’s RMG workers are in general denied of their above-mentioned rights
in the workplaces. These workers are vulnerable to poor working conditions, poor
wages, and to much unimplemented labor codes and standards.
Chapter - 2
3. Macro scenario of Bangladesh:
In Bangladesh, the growth rate of labor market is high, the whole employment rate
is low; the rate of creating new jobs is ever lower. Agriculture is still the major
sector providing employment, followed by service sector. The labor market of
Bangladesh has been characterized mainly by the following factors:
1. Rapid increase in labor force and relative to stagnation in employment in
formal private and public sector.
2. Rapid growth of urban based informal industries specially construction,
home based work. Almost 10 % labor force comprises the formal sector,
while around 80% comprises the informal sector.
3. High rate of joining women workers in the labor market. Especially in the
garments and informal sector.

4. Lack of cordial relationship between management, labor unions and
government
5. Absence of proper education and well planned training and retraining
facility in labor market
6. Subcontracting
7. Continuous deduction/ deterioration of real wages and overtime do not pay
in duly.
8. Employer/Management discourages TU formation. Lack of GOB effort to
this regard.
9. Absence of social safety and health security in general and education for
the labor in particular
10.Absence of workers and TU participation in the policy making processes of
the government
11.Shut down of several traditional big industries like jute, textile, due to
structural adjustment programme and effect of Globalization and therefore
thousand of workers lost their jobs.
3.1. Women involve in labor force:
In Bangladesh, 49.5 million women actively involve in economy. Out of total
workers, 1.21 million (24.44%) women are contributing their effort in economy.
Every year 6.9% women increase in labor force. 19.84% women are engaged in
formal sector and 80.16% are informal sector out of total women. (KN
RESEARCH UNIT)
3.2. Women engaged according to profession
In Agriculture sector women, workers constitute 68% of the total work force
whilst in Production & others they contribute 16.0% of the work force. Out of total
work force 7.7%, women are involved in voluntary work like nursing. Women are
contributing their effort in technical sector. Only 4.4% women get opportunity get
the chance in this sector. As a sales girl 2.1% participate in labor market and 1.3%
women directly involve in business sector. In administration only 0.2%, women
involve of the total work force. (BILL'S RESEARCH TEAM)
4. Micro Scenario of Bangladesh (Analysis in Specific area):
4.1. Agriculture
Agriculture is an informal sector where about 76.9% women are engaged in
workforce. According to Bangladesh Statistics Bureau on labor survey report 1,
49, 14,000/- women are contributing themselves to the labor force.
According to the labor force survey, 2002-2003, agriculture is the largest sector,
which employed 51.69% people in the labor force in rural Bangladesh. In another
report published by the Government, offices in 2002-03 showed that 44.3 million
male and 9.8 million female.

4.1.1. Problems, Initiatives & Limitations:
Problems Initiatives Limitations
 Low wageLow wage
 Seasonal joblessnessSeasonal joblessness
 Absence or lack ofAbsence or lack of
safety measuressafety measures
 The absence of legalThe absence of legal
protectionprotection
 Lack of safety measuresLack of safety measures
 Minimum wageMinimum wage
 100 days work100 days work
 No rules andNo rules and
implementationimplementation
mechanism for ensuringmechanism for ensuring
wagewage
 No labour lawNo labour law
 Existing social safetyExisting social safety
schemes are not legalschemes are not legal
obligationobligation
4.2. Garment Industries:
At present approximately 20.5 lac workers (among which 80% is female) are
working in this sector, which is a great source of employment. It is also
mentionable that about 76% of our foreign exchange is also earned by this sector.
However, after elimination of quota under MFA, Bangladesh does not have the
protected market any more. The total workers in the sector increased up to 20.5
lac. Out of the total, 80% are women workers in this sector of which are 69% of
total women labor force in the country in formal sector.
 Long working hour
 Low wage
 Forced overtime & No
actual overtime wage
 Unhygienic and unsafe
workplace
 Misbehavior, verbal and
physical abuse, eve
teasing, sexual
harassment
 Wage deduction for
minor incident
 Non implementation of
Maternity protection as
per law
 Strong opposition and
hostility from employers
to exercise trade union
rights
 Unwillingness to allow
leave as per law
 Bangladesh Labour lawBangladesh Labour law
20062006
 Minimum wageMinimum wage
declareddeclared
 Several committees andSeveral committees and
teams to monitorteams to monitor
 WelfareWelfare committeecommittee
 Weak implementation
 No tools on initiatives to
identify and action
against sexual
harassment and other
abuses.
 Declared wage is the
lowest in the world and
totally insufficient
 Insufficient social
compliance issues


 Poor compensation and
health facilities
 Frequent terminations
4.3. Rice Processing Workers:
There are almost 40 thousand-rice mill in Bangladesh where almost five lac
workers are engaged. Most of them are women. According to research work, the
female-male ration is 64% and 36%. Almost 3, 20,000 women workers are
engaged in this sector. The women workers usually work inside the mill, but
sometimes in the yard as well. They are especially engage in rice drying, sorting
and cleaning work.
 No appointment letter
 Contractual work,
sometimes seasonal
 Termination with verbal
order
 Discrimination in wage
 Concept of leave or
overtime is not yet in
practice.
 No maternity and child
care facility
 Long working hour
 Toilet facility is very
limited

 Bangladesh Labour lawBangladesh Labour law
20062006
 Minimum wage 1984Minimum wage 1984
(Tk. 495.00)(Tk. 495.00)
wagewage
 No labour lawNo labour law
 No compensation inNo compensation in
case of accidentcase of accident
4.4. Shrimp Processing Workers:
The sector earns almost $390 million per year and almost 6 Lac workers are
directly engaged in the shrimp processing factories. Of them 80% are women are
working in 124 shrimp processing zone.
There are two divisions in the workers in this sector. The owners on regular and
monthly wage basis employ a limited number of workers (20%), where the
contractors or brokers as casual workers on fixed wage engage most of the
workers (80%). Casual workers are called anytime during day or night, when the
supply of shrimps comes to the factories. Generally, the supply increases in two
weeks of the every month while their income increase. Rest of the days their
income decreased even up to taka 20-25 per day. The casual workers do work
along with regular workers in receiving the supply, sorting, headless, cleaning,
making the pan full, frizzing, etc.

 No Minimum wage
 No job security.
 No fixed working hour
 Unemployed almost half
of the year.
 No appointment letter
 Contractual work,
sometimes seasonal
 Casual workers get
payment through
brokers
 No maternity, child care
& health care facility
 National MinimumNational Minimum
wage declarationwage declaration
wagewage
 Poor legal protectionPoor legal protection
 Insecurity of workInsecurity of work
 Insufficient opportunityInsufficient opportunity
to form trade unionto form trade union
4.5. Construction Workers:
A total number of 25 lac skilled, semi-skilled and unskilled workers work in this
sector. The workers in this sector are not regular. The work is daily payment and
no work, no payment basis. Their working hour is 8-10 hours, is from 7am to 5pm,
sometimes until 6 -7pm. They have also to do overtime work.
 Not aware about their
legal rights
 No proper overtime
payment
 Neither any holiday nor
any sickness leave or
any maternity leave nor
any maternity benefits.
 Wage discrimination
 National MinimumNational Minimum
wage declarationwage declaration
wagewage
4.6. Tea Plantation:
According to the project development unit of tea board, the total number of tea
workers is 3, 59,085 in clouding registered and unregistered workers in 158 tea
gardens. Among them 1, 76,803 are women and rests are male workers. The total
registered workers of the gardens are 89,792. Among said workers 19512 are
casual workers. The women workers have to work in the sun, rain or storm and in
the risk to be bite by harmful insects. Most of the times there are no shelter in the
workplaces. The supervisors and owners treated them like bonded labors and used
to do misbehave with them.

 Neglected in
participating socio-
economic and political
activities.
 Low wage
 No woman holds higher
level position as
President or Secretary in
Panchayet Committee
 Inadequate health &
maternity care &
housing facilities
 Illiteracy and limited
access to higher
education
 Labour Law
 Provident fund scheme
 Welfare fund
 Education trust
wagewage
 No initiative forNo initiative for
alternate skillalternate skill
development, access todevelopment, access to
higher education &higher education &
mainstream societymainstream society
 No monitoringNo monitoring
mechanism systemmechanism system
4.7. Biri Industry:
According to the Bureau of Statistics, in the fiscal year 1991-1992, there were 390
biri factories where the number of workers was 2, 44,617. In the recent time, the
number has increased up to 4 lac and above. Approximately 2 lac women are
working in this sector. Some of them work in the factory and some work in their
won household. In factory the women workers are involved in cleaning the
tobacco leaves, sorting the leaves, crushing, drying the leaves in the sun, sorting
the dirts from crushed leaves etc. In household, the women are mainly involved in
filling the tobacco in the bidi.
 No maternity benefits.
 No job security,
working hour or weekly
holiday.
 No facilities of clean
toilets and enough water
supplies
 No social security
scheme
 Low wage
 Unhealthy working
condition
 Child labour
 Minimum Wage Board  No implementation ofNo implementation of
LawLaw
 No monitoringNo monitoring
mechanismmechanism

4.8. Domestic Workers:
According to Bangladesh Institute of Labor Study survey 10,76,000 women are
working as domestic workers in Bangladesh. In Dhaka, about 2 lac to 10 lac
domestic workers are engaged. Most of the domestic workers are women and
child. Socio-economic study of BILS - 2006 stated that 23.23% are male and
76.67% are female.
4.8.1. Problems, Initiatives & Limitation:
 Deprive of fair wage,
leaves,
 No medical facilities
 No protection of basic
rights
 No working hour
 sexual harassment and
abuse
 Initiatives has been
taken by the MOLE to
formulate a Code of
Conduct
 No recognition as a
worker.
 No legal protection
Chapter – 3
5. Major Initiatives:
5.1. Initiatives and limitations of Bangladesh Government:
Initiatives Limitations
 Govt. employment policy
 (special quota for women)
 Labour law-2006
 100 day guarantee employment
scheme
 Workplace is not women friendly
 Lack of adequate transport, housing
facilities and poor law & order
situation
 Many women majority industries
are not covered by the labour law
( teacher, agriculture, domestic
workers etc.)
 Structural adjustment and
privatisation squeezed formal
sector.
 Week implementations of the
labour law failed to protect the
women workers rights and living
standards.
5.2. Civil Society Initiatives:
1. Formation of Labor NGO’s; Women rights based organization, Human
rights organization for women.

2. Recruiting women personnel, training, educating, dissemination and setting
up of cells and forming women groups.
3. Campaign and advocacy on women workers issue
4. Publication
5. Media Sensitization
6. Research & dissemination
7. Networking & Alliance.
5.3. Trade Union Initiatives:
1. SKOP (A political platform of trade unions consisted of 16 national trade
union federations) put the women workers issue in their demands to the
government.
2. All the major trade union federations have undertaken the programme to
integrate more women in the trade union and in the mainstream leadership.
3. The trade union leaders have taken the necessary initiatives to organize
fruitful discussion with the government and employers association to
protect and promote the women workers rights.
4. Most of the Trade Union federations formed women committee and include
women leaders in their executive committee.
5. The trade union leaders organise effective campaign and training
programme at work place level to create awareness among the women
workers about their rights and responsibilities on occupational health and
safety other issues at work place.
6.
7. The trade union leaders consider the issue of maternity protection,
occupational health and safety and environment as an agenda in their
collective bargaining agreement
Chapter - 4
6. Suggestions and Recommendations
The citizen's Initiatives recommended some suggestion to the CEDAW Committee
for taking initiatives to reduce existing discrimination among the workers rights
issues:
1. To include informal sector in labor law to build strong monitoring system.
2. To ratify ILO convention 183 regarding maternity while the women can keep
her reproductive capacity well.
3. To adopt the effective laws and policy to prevent violence on domestic
workers.
4. To initiate proper monitoring system whilst Buyer’s Code of conduct and Labor
law implementation measure as well as the owner should keep PF provision and
declaring the facility of the workers before joining the factory.

5. To examine the possibility to set up a special labor commission to submit report
to government regarding discrimination of minimum wagers and occupational
health and safety standard in all sectors.
6. To take proper action to enforce labor laws and improve labor inspection system
at all sectors by strengthening capacity and skill of the department of inspection
for factories and establishment for improvement of working condition and health
and safety situation at workplace.
7. To imply survey system and compulsory registration among informal sector.
8. To approve the draft of labor law related to agricultural workers that have
submitted in Ministry of Labor.
9. To strengthen the Tripartite Consultative Committee.
10. To implement national law regarding labor issue in formal and informal sector
using media to create awareness in grass root level.
11. To include breast feeding policy to the working mothers at workplace
12. To establish strong monitoring mechanism
13. To supervise the factory for reducing forced labor, long working hour
14. To ensure health and safety net.
15. To include disabled women issues in law
16. To facilitate disable women at work place
17. To protect and promote against sexual harassment at work place
18. To provide wage and overtime payment timely
19. To ensure right to property and exercise earnings
20. To ensure women-friendly atmosphere at workplace
21. To create employment opportunity for women with disability.

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