HUMAN RIGHTS DAY 2012

WOMEN’S HUMAN RIGHTS SITUATION 2012

STEPS TOWARDS DEVELOPMENT

This report provides a snapshot of women’s human rights situation up to 2012 highlighting some
important areas of rights and rights violations.

Law and policies

The Government adopted the 2011 National Women’s Advancement Policy (NWAP) expressly
referring to Beijing Platform for Action and CEDAW, though CEDAW article 2 and 16.1.C are
not yet ratified. The National Women’s Advancement Policy 2011 provides clear goals and
objectives for women’s empowerment, though it has not ensured women’s right to have equal
share in inheritance. A National Action Plan is in progress to implement the policy. The Sixth
Five Year Plan (2011-15) provides special attention on strengthening women empowerment
including their participation in decision making process.
The Government adopted the National Education Policy 2010, as well as policies to ban private
coaching and corporal punishment in educational institutions [1]. The National Child Labour
Elimination Policy (NCLEP) 2010 proposes eliminating hazardous child labour by 2016 [2]. All
these have considered gender dimensions. Bangladesh has not yet ratified ILO Convention 138
(Minimum Age). Different laws and policies have different stands on the minimum age of child.
The Child Policy 2011 puts an impetus on stopping discriminations and violence and ensuring
their safety [3]. It puts special attention on taking initiatives for girl children including children
with disability.
National Health Policy 2011 has emphasized on eliminating discriminations in accessing health
services by women and men alike. Maternal and child mortality rates have been considerably
reduced, although the former remains still high. Reviving of community health centers is another
positive development [4].
New laws addressed domestic violence [5], human trafficking [6] and marriage registration for
Hindus [7], and enabled Bangladeshi women to transmit citizenship rights to foreign spouses and
children [8]. However gender discriminatory personal laws remained in place. The amended Visa
Policy allowed issue of No-Visa-Required (NVR) stamps to foreign husbands of Bangladeshi
nationals [9], following court challenges.
High Court directives since 2009 addressed gender discrimination, declaring unconstitutional
extra-judicial punishments in the name ‘fatwa’ (2010)[10], prohibiting forced veiling in
educational institutions and workplaces [11] (2010), framing guidelines against sexual harassment
in public places [12] (2010), directing verification of birth certificates and/or national identity
cards for marriage registration to prevent early marriages [13]. But these are not always complied
with. For example, child marriages continue to take place by bribing marriage registrars and
faking birth certificates.
Discriminatory policies, ineffective laws or their non-enforcement and social stereotypes
contribute to violence against women including domestic violence, dowry related violence, rape,

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acid attacks, ‘fatwa’, stalking and sexual harassment. Access to legal redress is limited. Incidents
of violence against indigenous women have increased particularly in the last two years.

Right to nationality
On 11 February 2009, the Bangladesh Parliament enacted The Citizenship (Amendment) Act,
2009, which amends section 5 of the Citizenship Law of 1951, to give a Bangladeshi woman the
right to transmit her citizenship to her children. However, a woman’s right to pass on her
citizenship to a foreign husband is subject to unequal conditions. According to present
Citizenship Act, a foreigner man married to a Bangladeshi woman must reside for five years, on
the other hand in the case for a foreigner wife, the residence requirement is just 2 years [14].

Violence against women

Violence against women is increasing in Bangladesh and in the current year it has reached at its
peak. We can look at some data of major felonies against women. According to Ain o Salish
Kendra documentation, from January 2009 to September 2012, 267 women were subjected to
acid violence, 2,360 women raped, 325 women killed after being raped, 1,604 women (976
killed and 55 committed suicide) subjected to dowry-related violence. There were several
allegations of custodial violence against women [15].
According to Bangladesh Mahila Parishad, in 2009 number of rape was 393 whereas in only four
months from January to May 2012, it reached 213. A total of 146 incidences of gang rape took
place in 2009, in the first four months of 2012 the number stood at 65. Murder after rape was 130
in 2009 and 53 in January-May 2012. Murder for dowry till May 2012 stood at 128, but back in
2009 it was 169 throughout the whole year [16].
Data on gender based violence is not comprehensive. Since 1995, the Police Headquarters has
collected data from its Thana and district offices on incidents of dowry related violence, acid
burns, abduction, rape, murder after rape, trafficking, murder, injury and other violence. These
reports showed an increase in number of cases from 12,958 in 2001 to 115,493 in 2008 [17]. The
number of incidents of dowry related violence, rape and abduction formed a large proportion of
the total.
Compilation of newspaper reports by legal and human rights organizations indicate an increase
in violence over the years. Whether this reflects an actual increase in incidence or an increase in
reporting is not clear. The non-government agencies also handle a broad range of violence,
including domestic violence, psychological or emotional abuse and suicide. It should be noted
that only a fraction of actual incidents of violence, such as wife beating and marital rape is ever
reported because there is a wide acceptance of the former as punishment meted out by guardian
(husband) to ward (wife) and marital rape is neither recognized by law nor by socio-cultural
tradition about sexual behavior within marriage.
Though fatwa is not legal, in the village area it is a common practice against women. Bangladesh
Mahila Parishad reports that the numbers of fatwa incident was 48 during the whole round year
of 2009 that reached in 14 just in the first four months of 2012 [18].
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Sexual Harassment
The magnitude of sexual harassment at the workplace, educational institutions, public spaces
including on the way to and from workplace is reflected in the newspaper reports and different
study findings. Suicide for stalking is increasing alarmingly from 1 in 2009 to 8 in Jan-May,
2012. Number of stalking incidences skyrocketed from 78 in 2009 to 290 till the first quarter of
2012. Recently videotaping, sexual crime against women using internet and mobile-phone is
increasing. The number of suicide was 1 in 2010 and in the first quarter of 2012 the number was
21 [19].
Harassment/stalking or fear of harassment/stalking in public spaces has restricted women’s
mobility both in rural and urban areas. This has caused parents to withdraw girls from
educational institutions, especially in rural areas and contributed to a high drop-out rate for girls
and their early marriage. Recent media reports on suicides committed by young girls threatened
by stalkers [20], and violence on persons protesting stalking is a matter of concern for the
government, schools and communities [21].
Child domestic workers are extremely vulnerable to violence at the workplace. A study by
Bangladesh Institute of Labor Studies on domestic workers showed that at least 17 per cent were
sexually abused, 47 percent were physically assaulted, 63 per cent were forced to work beyond
their capacity and 83 percent were verbally abused [22]. The group most vulnerable to sexual
abuse and violence are girl sex workers [23] and those with disability.

Trafficking
Human Trafficking (Deterrence and Suppression) Act 2012 has been enacted [24]. However, data
on trafficking compiled from newspaper reports do not provide comprehensive, accurate
information, since the reporting is not uniform. Data compiled by NGOs can give a confusing
picture since it does not cover the entire country. The VAW Cell at the Police Headquarters
listing cases reported to police shows an increase from 2001 to 2008 [25].

The GOB Country Report 2008 claimed that efficient policing and implementation of measures
showed a remarkable improvement in outcome [26]. However, the number of survivors rescued
between March 2005 to December 2008 shows that only a fraction of the victims are rescued and
rehabilitated. Apprehension and conviction of traffickers is minimal.

Right to Land
Though women constitute a significant proportion of the informal labor force, they have been
facing discrimination in land ownership, as women do not have equal right to land. Different
religious communities have different types of practice with regard to access to land. Even the
National Women Advancement Policy 2011 has not ensured equal right land and property.
Rather it has only ensured “full control over earned property”. Some data suggests that their land
ownership has decreased from 48 percent to 25 per cent in the same village over the decades [27].
In some areas, the ownership status is worse. Another study reveals that men enjoy 96 percent of
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landholding whereas women hold only about four percent [28]. Even, a persistent trend of
feminization of agriculture has not led to the development of their collective agency, which is a
matter of concern.

Rights to Education
Bangladesh has made significant achievement in education over the last two decades. Recent
trends show that women have greater success in education than men. Bangladesh achieved
success of gender equality in primary education enrolment. According to UNICEF in the years
2007-2010 primary school enrolment for boys was 86 percent and for girls 93 percent. At
secondary level it was 80 percent for boys and 83 percent girls. In the government medical
colleges women are in more numbers than men. Women’s participation in higher education is
still only around 25 percent [29].
In primary schools, slightly over 50 per cent of over 16 million students are girls, whereas
amongst primary school teachers the proportion of women is 40.4 per cent only. This means that
the 60 per cent quota for selection of primary school teachers has not been met [30].
In Government secondary schools, 52 per cent of the total students enrolled are girls. Out of the
total teachers, only 20 per cent are women. The drop-out rate continues to remain high at the end
of the secondary level. This may be related to the lower proportion of girls passing the final
Secondary School Certificate Examination as shown in 2010. The proportion of girls passing the
SSC Examination in 2010 (72.63 per cent of girls appearing) is considerably lower than that of
(78.27 per cent) boys who passed [31].
According to BANBEIS, in 2005, out of a total of 20,757,774 students in 74 universities (both
public and private) only 24 per cent were women, and out of 10,339 teachers only 17.7 per cent
were women [32].
In the technical and vocational government institutions, out of 39,749 students enrolled, only 14
per cent were women. However, if the girls in the vocational and management sections in the
non-government secondary and higher secondary levels are included, the proportion rises to 26
per cent out of a total of 241,336 students [33]. Thirteen per cent of a total of 1,040 teachers in
government institutions were women. Their proportion rises to 17 per cent if the teachers of non-
government institutions are included.

Rights to Employment
Women’s participation in the labor force has increased considerable during the last few years
(from 9.4 per cent in 1985-86 to 24.4 per cent in 2005-06) [34]. However different indicators
reveal a high gender disparity in the economically active population.
Wage inequities and sub-standard working conditions for women are detrimental to their
physical and mental security, and lead to health hazards, occupational violence, and social
marginalization.
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Recent tragic incident of fire at Tazrin Fashion garments factory has led to death of over a
hundred workers [35], mostly women, which brings to light weak regulatory mechanisms on safety
and health and other compliance factors at garments factories. Note that, out of 3.6 million
garments workers, women are 2.88 million [36].
The Bangladesh Labor Law 2006 ensured four months maternity leave for women labors. The
NWAP 2011 has declared 6 months maternity leave. But it is not followed in the informal
sectors. Even the garments factories do not comply with this provision. Garments offer no ration,
housing, crèche facilities for female labors as promised. Moreover, the minimum wage of
Tk.3000 needs to reviewed and restructured considering the current level of price and money
inflation.

Rights to Healthcare and Family Planning

Bangladesh Maternal Health Survey 2010 shows that maternal mortality rate has decreased by 40
percent in last 9 years. Statistics suggest that maternal deaths per one hundred thousand live
births have reduced to 194 in 2010 from 800 in 1990. This rate is still high and not enough to
meet the MDG target of 143 by 2015.
Child mortality rate (new born babies and children below 5 years of age) also has decreased
significantly over the decade. According to UNICEF report 2012, child mortality rate in
Bangladesh has commendably reduced (67%) during the last 20 years. Bangladesh has received
UN award for this achievement.
Bangladesh’s progress in family planning and birth control is dramatic. Total Fertility Rate
(TFR) of women stood at 2.3 in 2010, which was 6.3 in the 1970s. Immunization program has
also been a huge success story in Bangladesh. By 2008, 94 percent children were brought under
immunization, which was only 2 percent in the mid-80s. Bangladesh has recently received an
international award for the success in immunization program. Bangladesh stands sixth in the
world in terms of trend of breast feeding.
However, the general healthcare situation is not at all satisfactory and women still do not enjoy
equal rights and opportunities in availing health services. Commercialization and privatization of
health services has made it even more difficult for poor women and men. Familial and social
negligence as well as traditional discriminatory attitude towards women largely deters women’s
access to health care. In many cases, women are dependent upon their husband’s or in-law’s
decisions to seek health services from service providers even in case of advanced pregnancy
stage, which is a threat to the life of both the woman and her embryo. Violence has also long
lasting adverse consequences on women’s reproductive health.

Rights of Gender and Sexual Minorities

Regarding protection of the rights of persons of minority sexual orientation or gender identity
against violence and abuse (UPR recommendations 27), Government representatives reportedly
stated these were “out of context”. In July 2011 the Government voted against UN resolution
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17/19 proposing a study on discrimination against sexual minorities. In contrast to these denials,
the Government has taken practical steps recognizing such minorities by receiving and
disbursing funds for MSMs, and by including Hijras in the voter list, providing NIDs and
including an ‘other’ option for ‘sex’ in the passport form. In general however, gender and.

Rights of Sex Workers

There is no explicit law or policy that recognizes the professional status of a sex worker. A sex
worker is required to swear an affidavit in the presence of a Magistrate declaring that she is over
18 years and is engaged voluntarily in her profession. Engaging in sex work below 18 years is a
criminal offence subject to severe punishment. Underage girls enter into the profession by
making false affidavits. There are also a significant number of street or floating sex workers.
Although homosexuality is illegal in Bangladesh, there is a large population of male and
transgender sex workers.
A landmark judgment by the High Court in 2000 stated that sex workers should have the same
rights and freedoms as others. The High Court further mentioned sex work to be a livelihood and
not an illegal act. It also ruled that “the right to livelihood of sex workers is enforceable as a
fundamental right.”
Sex workers in Bangladesh face multiple violations of their right. It is not only the society and its
norms that dehumanize them, the state machinery, specially the law enforcing agencies, tend to
violate their rights. Often sex workers are made to walk barefoot on public roads, or are denied
of their religious burial rites. They find little protection when they are evicted from their houses
by law enforcement agencies or owners/lease holders, their rights as citizens are denied or they
are deprived from development opportunities.

Rights of Rural Women

The success of Grameen Bank has made micro-credit a global symbol of women’s
empowerment; at the same time, micro-finance has also become a subject of much dispute. The
evidence from Bangladesh indicates that while free-standing micro-credit programs are not
magic bullets for poverty reduction or pathways to large-scale structural transformation, they can
be beneficial if implemented carefully and run in conjunction with supporting programs and
interventions.

Different estimates suggest that more than 60 percent women are directly or indirectly involved
in agricultural works, which is contributing to ensuring the country’s food security. A 2010
Bangladesh Bank report shows that total contribution of agriculture in Bangladesh GDP is 23.5
percent. Out of that women’s contribution is 61 percent and men’s 39 percent. However, despite
their huge roles, women are not recognized as farmers and thus they have very little access to
land, credit and other services required for agricultural works.

Right to Information
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Right to Information has been enacted in Bangladesh in 2009. But due to women’s lesser
mobility, lack of awareness and knowledge of ICT women lag behind men in terms of access to
information.

This report has considered CEDAW Alternative Report 2010, UPR Report 2013 and MDG Post-2015
Report prepared by various NGOs and human rights platform/forum in Bangladesh and Steps
Information Data Bank.

Steps Towards Development

3/4, Block-D, Lalmatia, Dhaka-1207
Phone : 8113275, 9118167, 9129791
E-mail : steps.bd@gmail.com
Web : www.steps.org.bd

[1] National Education Policy 2010, Ministry of Education, Government of the People’s Republic of
Bangladesh.
[2] National Child Labour Elimination Policy (NCLEP) 2010, An Official Translation, Ministry of
Labour and Employment, Government of the People’s Republic of Bangladesh
[3] National Child Policy 2011, Ministry of Women and Children Affairs, Government of the People's
Republic of Bangladesh
[4] National Health Policy 2011, Ministry of Health and Family Welfare, Government of the People's
Republic of Bangladesh
[5] The domestic violence (prevention and protection) 2010, Ministry of Woman and Children’s Affair,
Government of the People's Republic of Bangladesh http://www.mowca.gov.bd/?page_id=76
[6] Suppression of Violence against Women and Children Act 2000, Combined sixth and seventh
alternative report to the UN CEDAW Committee, page 59, Citizen’s Initiatives on CEDAW,
Bangladesh, December 2010.
[7] Hindu marriage registration law passed: BDnews 24 http://bdnews24.com/details.php?
id=232598&cid=2
[8] The Citizenship (Amendment) Act, 2009
http://www.unhcr.org/refworld/country,LEGAL,,LEGISLATION,BGD,,4a8032182,0.html
[9] Bangladesh Visa policy revised (visa for foreigners) - New Rules - 2007 www.bangladesh-
web.com/view.php?hidRecord=156346
[10] Fatwa illegal; HC rules against all extra-judicial punishments upon writ petitions
http://www.thedailystar.net/newDesign/news-details.php?nid=146004
[11], [12] Kajalie Shehreen Islam, Choice, Not Compulsion,
http://www.thedailystar.net/magazine/2010/04/04/perspective.htm

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[13] Too Young to Wed: End Child Marriage The first ever International Day of the Girl Child:
http://www.thedailystar.net/RoundTable/2012/october/index.html
[14] The Citizenship (Amendment) Act, 2009, Combined sixth and seventh alternative report to the UN
CEDAW Committee, page 31-32, Citizen’s Initiatives on CEDAW, Bangladesh, December 2010.
[15] Bangladesh Stakeholders UPR Report, page 12, October 9, 2012
[16], [18], [19] UPR Report on the Theme of Women’s Human Rights, page 4, Bangladesh Mahila
Parishad, ...
[17] Bangladesh Police, crime statistics, http://www.police.gov.bd/index5.php?category=48
[20] 10,000 commit suicide a year-Say police statistics, Saturday, April 28, 2012,
http://www.thedailystar.net/newDesign/news-details.php?nid=232009
[21] Anbarasan Ethirajan, BBC News, Dhaka, 3 November 2010 Last updated at 15:58 GMT
http://www.bbc.co.uk/news/world-south-asia-11687647
[22] Bangladesh Stakeholders Report to UPR 2012, page 14, 9 October 2012
[23] Violence against sex workers and HIV prevention, Information Bulletin Series, Number 3,
http://www.who.int/gender/documents/sexworkers.pdf
[24] Anti-trafficking Law: A hallmark in the fight against human trade
http://www.thedailystar.net/law/2012/05/04/index.htm
[25] Combined sixth and seventh alternative report to the UN CEDAW Committee, page 34, Citizen’s
Initiatives on CEDAW, Bangladesh, December 2010.
[26] Combined sixth and seventh alternative report to the UN CEDAW Committee, page 85, Citizen’s
Initiatives on CEDAW, Bangladesh, December 2010.
[27]
[28]
[29] ‘Advancing Women, so is Bangladesh’, seminar key note paper, Steps Towards Bangladesh,
6.12. 2012
[30]
[31]
[32]
[33] 6th and 7th Combined Report (2001~2009), page 16, Ministry of Women and Children
Affairs (www.mowca.gov.bd), Government of the People’s Republic of Bangladesh, December
2009
[34]
[35]
[36]
[37]
[38]
[39]
[40]