Human Rights Briefs: Women in Bangladesh

 

1.   INTRODUCTION

The role and status of women has increasingly become an issue of discussion in the 20 years since Bangladesh gained its independence from Pakistan. Although the 1972 constitution established equal rights for women and men in "all spheres of the State and public life" (Blaustein Jan. 1993, 41), violence and discrimination against women reportedly remain common features of Bangladeshi society (CCHRB Nov. 1992, 75; Country Reports 1992 1993, 1126; Encyclopedia of the Third World 1992, 113; White 1992, 137), despite the introduction of a number of reforms to address these problems (Country Reports 1992 1993, 1126; IWRAW Dec. 1992, 2; Khan 1988, 17; Lewis Mar. 1993, 18; Naripokkho Oct. 1992, 12). This paper will examine the current situation of women's legal rights in Bangladesh and their practical application.

2.              BACKGROUND

According to the World Bank, Bangladesh is one of the poorest and most densely populated countries in the world, and women have suffered disproportionately more from poverty than have men (1990, 7-9). Bangladeshi women live in a state of dependency as a result of poverty and a lack of education, employment and training opportunities (Khan 1988, 1). Many of the systemic disadvantages facing women cut across religious lines (New Left Review Mar.-Apr. 1988, 96; Naripokkho Oct. 1992, 10). Furthermore, as one source has pointed out, international aid programmes have only increased these disparities, both in Bangladesh in general and between men and women in Bangladeshi society in particular. By working within established distribution systems these programmes have tended to reinforce already existing patterns of discrimination in Bangladesh, and have placed "the target population...in the passive position of recipients rather than participants" (Tomasevski 1988, 5).

In accordance with the traditional Muslim practice of purdah, the seclusion or veiling of women, a woman was expected to stay within her bari or homestead and was discouraged from contact with anyone outside her close family (Wilson-Smillie Feb. 1990, 2; Huq 1989, 203-04; New Left Review Mar.-Apr. 1988, 102). This practice limited the social and educational development of most Bangladeshi women and restricted their access to employment opportunities (ibid.). Although the institution of seclusion is being challenged as poverty forces more and more women to seek employment outside the home (Huq 1989, 203-04; World Bank 1990, 7-8; White 1992, 23), the ideals of purdah--modesty, humility, domesticity and noninvolvement in public life--are still strong, even if physical seclusion is not as commonly practised (White 1992, 23).

A woman's status is defined not only by gender but also by the occupation and income level of her nearest male relative (Canada 1992, 7; Khan 1988, 1; Wilson-Smillie Feb. 1990, 1-3). In general, Bangladeshi women are valued less than both children and property (Nessa Feb. 1988, 9). For example, men are generally fed first and most while women usually eat last and least (Canada 1992, 7; World Bank 1990, 13-14). Early marriage is a common practice in Bangladesh. According to the UN, 73 per cent of women are married and 21 per cent have had at least one child by age 15 (The Washington Post 14 Feb. 1993). Whereas the birth of a son is celebrated, the birth of a daughter is reportedly viewed as a "disappointment" (Naripokkho Oct. 1992, 13). Baby girls are given less food than are their male siblings and are therefore at greater risk of malnutrition and disease (Huq 1989, 204; Naripokkho Oct. 1992, 14; UNICEF 1992, 3; St. Petersburg Times 27 Oct. 1993). As well, parents may be less likely to seek expert medical care for a sick girl (New Left Review Mar.-Apr. 1988, 103; Naripokkho Oct. 1992, 14).

Women are disadvantaged in the field of education. In order to limit their contact with males, girls are often taken out of school when they reach puberty. The literacy rate for females is estimated at roughly 20 per cent, about half the rate for males (Naripokkho Oct. 1992, 17; UNICEF 1992, 13; World Bank 1990, xiii; Xinhua 21 Apr. 1992), despite government efforts to raise the level of literacy among females (Huq 1989, 204).

Although there are constitutional guarantees of employment equity, in practice women have limited job opportunities. Figures indicate that women comprise a near insignificant minority of both the agricultural and industrial workforce (ibid., 206). The government sector has been targeted for quotas and hiring initiatives, but these targets have not been met. Ironically, within the women's affairs ministry itself, all senior posts are held by men (ibid.). The government's latest five year plan (1990-95) is attempting to reduce gender disparities once again and has identified women as a target group in all social development programmes (Naripokkho Oct. 1992, 24).

Of seats in the national legislature, 30 out of a total of 330 have been reserved for women, and 37 seats are currently held by women (United Nations 28 May 1993, 57-58; Khan 1988, 22; Xinhua 1 Apr. 1991). As well, the UN notes that seats are reserved for women at the local and municipal levels (8 Apr. 1993, 33). Nevertheless, women's participation in national and political movements in Bangladesh has been negligible. In the words of one observer, although in recent years two women have emerged as important political leaders in the country through their personal connections with deceased male political leaders of their respective parties, women usually do not participate in the political process (Khan 1988, 21-22).

This observation was recently corroborated by Reena Shah Stamets, a correspondent for the St. Petersburg Times (27 Oct. 1993). Both social norms and women's lack of access to resources have been cited as obstacles to their participation in politics (United Nations 8 Apr. 1993, 33).

3.            LEGAL STATUS OF WOMEN IN BANGLADESH

According to Smith, Turkey is the only Muslim country with a secular law that includes family and personal law; in Bangladesh, as in most other Muslim countries, "there is a kind of dual system of a secular civil and a religious family code" (Smith 1987, 237). The constitution, penal code and civil and criminal procedure codes are secular in character and apply to Muslims and non-Muslims alike. Muslims, who account for over 80 per cent of the population of Bangladesh, are also governed by Muslim personal or family laws which are based on the principles of sharia (Kamal 1989, 4; Khan 1988, 17-18). Bangladeshi Hindus, in turn, are governed by Hindu personal law. [An estimated 90 per cent of the Muslim population of Bangladesh belongs to the Hanafi school of Islam (Kamal 1989, 4; World Bank 1990, 18). Most Bangladeshi Hindus follow the Dayaabhaga School of Hindu Law (United Nations 8 Apr. 1993, 9). Hindu personal law will not be discussed in this paper; for a brief examination of its discriminatory aspects and property and inheritance provisions, please see Naripokkho, p. 11. According to the Committee on the Elimination of Discrimination against Women (CEDAW), no steps have yet been taken to modify Hindu personal law (United Nations 8 Apr. 1993, 31)]. (Naripokkho Oct. 1992, 11).

Although ideally there are no areas of overlap between secular law and Muslim family or personal law, subsection 7.(2) of the constitution is unequivocal about how any such conflicts should be resolved: "This Constitution is...the supreme law of the Republic, and if any other law is inconsistent with this Constitution that other law shall, to the extent of the inconsistency, be void" (Blaustein Jan. 1993, 29). In practice, however, whether or not the constitution is given precedence over religious law seems to depend on the political objectives of the government. According to one source, if the government is feeling weak domestically or requires a broad-based popular mandate that hinges on the support of Islamic fundamentalists, gender-related issues--the "key factor distinguishing the two ideological packages"--are often the first to be conceded (Kabeer Oct. 1989, 29). However, if it is foreign aid or political legitimacy the government is seeking, it is quick to champion women's rights. In the words of one observer, "when the totality of state policy is considered, its championship of women's rights can be seen in an extremely cynical light. ...it professes to believe in both the emancipation of women as well as its negation" (ibid.).

3.1        Constitutional Guarantees

Subsections 28.(1) through 28.(4) of the 1972 Constitution of the People's Republic of Bangladesh guarantee the fundamental rights of women and forbid any form of discrimination on the basis of sex:

                (1)The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth.

(2)Women shall have equal rights with men in all spheres of the State and of public life.

(3)No citizen shall, on grounds only of religion, race, caste, sex or place of birth be subjected to any disability, liability, restriction or condition with regard to access to any place of public entertainment or resort, or admission to any educational institution.

(4)Nothing in this article shall prevent the State from making special provision in favour of women or children or for the advancement of any backward section of citizens (Blaustein Jan. 1993, 41).

Section 27 further states that "all citizens are equal before law and are entitled to equal protection of law," while subsection 26.(1) affirms that "all existing law inconsistent with [these] provisions...shall...become void" (ibid.).

Thus the constitution not only guarantees equality between the sexes, but by allowing for special provisions in their favour, acknowledges the reality of the unequal status of women. This "protectiveness" toward women also exists in the Civil Procedure Code and Criminal Procedure Code, where women are exempt from arrest for debts, as well as in provisions for preferential treatment in certain areas of the labour market (Khan 1988, 16). While these provisions demonstrate concern for the vulnerable position of women in Bangladeshi society, observers note that such laws may limit their opportunities to be treated as equals in all spheres of life (ibid.; World Bank 1990, 20). For example, government concern about women being lured into prostitution resulted in an executive order prohibiting "fourth class women employees...from travelling abroad unless accompanied by their spouse" or in possession of a special government clearance (ibid.). According to a World Bank report, "whenever women are perceived to be in danger, the system tends to curtail women's freedom of movement rather than to deal with the situation directly" (ibid.).

3.2     Muslim Family Law

Despite criticism from some political parties and minority groups, on 7 June 1988 the parliament of Bangladesh passed a bill making Islam the state religion (Keesing's 1989, 36558; Xinhua 7 June 1988). The move was reportedly an attempt by the government to curry favour with the Muslim faithful and politically undermine the fundamentalist Jamaat-i-Islami (Keesing's 1989, 36558).

While Islam is the dominant ideology governing relations between women and men in Bangladesh, one observer notes that the country's geographic and historic isolation have made it resistant to the "divine, theocratic, centralist and establishment-based" version of Islam, linked to Arabic learning and oriented to the Middle East, practised for instance in Pakistan (New Left Review Mar.-Apr. 1988, 96).

This fact partially explains the low support in Bangladesh for the type of fundamentalism characterizing state policy towards women in other Islamic countries, and has helped frustrate any systematic attempts to curtail women's rights in the name of Islam (ibid.; Kabeer Oct. 1989, 2).

The Qu'ran (Koran) forms the basis of Islamic law (sharia) and personal or family law in most of the Muslim world, including Bangladesh. The edicts in the Qu'ran most relevant to the treatment of women deal primarily with four major areas: marriage and related topics, divorce, inheritance and ownership of property, and veiling and seclusion (Smith 1987, 236-37). Because the Qu'ran is considered to be the "literal and unmitigated word of God" (ibid., 235), the precepts laid out in the Qu'ran are strictly followed and changes in Muslim family law occur slowly (ibid., 236). With regard to Bangladesh specifically, civil laws such as the 1939 Muslim Marriage Dissolution Act and the 1961 Family Law Ordinance were formulated to counteract some of the most discriminatory effects of Muslim family law (Alam Sept. 1992, 4-5).

The concept and practice of divorce is one example of the unequal treatment accorded men and women under Muslim family law (Eggen Mar. 1990, 7). Muslim family law allows a man to divorce at any time, while a woman can do so only if stipulated in her marriage contract (Alam Sept. 1992, 5; Eggen Mar. 1990, 7; Khan 1988, 19). Although the 1939 Muslim Marriage Dissolution Act gave Bangladeshi women the right to divorce in certain circumstances and the 1961 Muslim Family Law Ordinance required that both parties serve their partner with notice of intention to divorce, these laws have not been effectively enforced (Alam Sept. 1992, 5; Khan 1988, 20). Furthermore, with respect to remarriage, one observer has pointed out that any woman opposing her husband's remarrying, in a system where there is no alimony for a divorced woman, and where she will rarely have been given an appropriate education to enable her to earn her own living, runs the risk of destitution (Kamal 1989, 7).

A number of sources have identified other aspects of Muslim family law, such as the laws on inheritance, which similarly discriminate against women (Alam Sept. 1992, 1-6; Begum 1992, 6-16; Kamal 1989, 4; Khan 1988, 17; Naripokkho Oct. 1992, 10).

3.3       Civil Law

In an effort to protect women's rights and elevate their standing in society, the government has introduced and amended several pieces of legislation (Khan 1988, 20; United Nations 11 Apr. 1986, 8). Among these are the Child Marriage Restraint Act of 1929, the Dowry Prohibition Act of 1980 (amended in 1982), the Cruelty to Women (Deterrent Punishment) Act of 1983 and the Family Court Ordinance of 1985 (amended in 1984) (ibid., World Bank 1990, 21).

3.3.1  The Child Marriage Restraint Act

The 1984 amendment to the 1929 Child Marriage Restraint Act raised the minimum age of marriage from 16 to 18 years for females, and from 18 to 21 for males. Section 4 of the amended act provides punishments for any individual (male or female) above the legal age of marriage who marries a person below the legal age (Khan 1988, 20; United Nations 11 Apr. 1986, 10-11). At least one source notes that the average age of marriage for females has risen to 17.6 years (Naripokkho Oct. 1992, 14), but others suggest that the amendment is not being effectively enforced, particularly in rural areas where it is still customary for females to marry at 15 or 16 years of age (Canada 1992, 11; Wilson-Smillie Feb. 1990, 4). The Coordinating Council for Human Rights in Bangladesh (CCHRB) indicates that girls as young as six or seven are being married to boys of nine or ten years by parents confronting poverty (CCHRB Mar. 1993, 69).

3.3.2     The Dowry Prohibition Act

The Dowry Prohibition Act, enacted in 1980 and amended in 1982, makes the giving, taking or demanding of a dowry an offence punishable by fine, imprisonment of up to one year or both (United Nations 11 Apr. 1986, 8-9; World Bank 1990, 21). However, according to the International Women's Rights Action Watch, an international network monitoring the implementation of the Convention on the Elimination of All Forms of Discrimination Against Women, the Dowry Prohibition Act "is so contrary to social norms and practices that it is simply ignored" (Dec. 1992, 2). Aisha Khanam, a prominent woman activist, feels that the act has served as a deterrent and has created some awareness of the problem, but adds that "it has failed to come up to expectation due to lack of administrative support, lack of clarity in the legislation and social bias against women" (Women's Feature Service May-June 1989, 22).

Although the Dowry Prohibition Act offers protection to women in law, few Bangladeshi women have the financial resources to exercise these rights in the courts. Mohammad Abdul Matin, executive director of the Bangladesh Society for the Enforcement of Human Rights (BSEHR), notes that in most cases brought before the courts, "the women are too poor to continue with costly and time-consuming procedures" (ibid.). Social stigmatization is another factor keeping women from exercising their legal rights. In the words of one BSEHR investigating officer, "in 98 percent of the cases ... a woman who complains against her husband cannot return honourably to his home" (ibid., 23).

Slow administrative procedures and a lack of cooperation from law enforcement agencies have led to a large number of dowry-related cases being held up in the courts (ibid., 22). Another problem is that charges under the Dowry Prohibition Act are often filed in reaction to dowry demands made by husbands and in-laws after the marriage has taken place. Because the act defines dowry as "property or valuable security given or agreed to be given as consideration for the marriage of the parties," investigating and court authorities have dismissed cases involving demands for money made after marriage (Bhuiyan 1991, 19-20). Additionally, the Finance Ordinance of 1985, which encourages parents to make tax-free gifts to their daughters, has been described by one source as a possible cover to facilitate dowry (International Women's Rights Action Watch Dec. 1992, 2-3). Other sources corroborate the fact that the Dowry Prohibition Act has not been effectively enforced (Canada 1992, 11; World Bank 1990, 21).

3.3.3       Cruelty to Women Act

The 1983 Cruelty to Women Act, also known as the Deterrent Punishment Act, reiterated certain offences that were first defined in the Penal Code of 1960, and strengthened the penalties for infractions (World Bank 1990, 20). The act made the rape, sexual exploitation for gain, abduction, kidnapping or attempt to cause the death of a woman, offences subject to life imprisonment or death (Wilson-Smillie Feb. 1990, 4; United Nations 11 Apr. 1986, 9-10). In September 1992 the government also brought in the Anti-Terrorism Ordinance, which provides stiff penalties for the abduction or harassment of women, among other offences (United Nations 8 Apr. 1993, 30-31).

In response to questions raised at the 12th session of the UN Committee on the Elimination of Discrimination against Women about the effectiveness in dowry disputes of the Cruelty to Women Act, a Bangladesh government representative indicated that the act has led to a decrease in the incidence of death and injury and an increase in the rate of prosecutions (United Nations 28 May 1993, 56-57). However, other sources argue that there has actually been a rise in dowry-related crime (Bhuiyan 1991, 15; Women's Feature Service May-June 1989, 21) and that dowry practices remain the single largest cause of violence against women in Bangladesh (Khan 1988, 20; United Nations 8 Apr. 1993, 30). Because of the social stigma attached to crimes of domestic violence, few women have come forward to press charges under the act (Canada 1992, 11).

Crimes of violence against women are also common outside the home, and here too implementation and enforcement of the law are lacking. Although the Cruelty to Women Act provides sanctions against the sexual exploitation of women for gain, the traffic in Bangladeshi women in the "slave trade market," mainly to Pakistan and India, remains "a major human rights concern" (CCHRB Nov. 1992, 79). According to police estimates, as many as 5,000 Bangladeshis, mostly women and children, are smuggled out of the country every year (Reuters 24 Apr. 1991).

In cases of rape, women are reluctant to go to the police because they are often harassed by the offender and because both police and witnesses are reportedly easily "influenced and bribed" (Bhuiyan 1991, 48). Furthermore, the definition of rape employed in the Penal Code does not allow for cases where an employer obtains consent from an employee for sexual relations through the threat of job loss (ibid., 44).

3.3.4                The Family Court Ordinance

The Family Court Ordinance of 1985 set up a system of family courts at the upazila (county) level, providing for the legal redress of cases involving marriage, divorce, dowry and the maintenance, custody and guardianship of children (Wilson-Smillie Feb. 1990, 4; Khan 1988, 20; United Nations 11 Apr. 1986, 17-18). Although the system has reportedly speeded up the disposition of such cases (Khan 1988, 20) and "has been helpful for women in getting justice" (United Nations 8 Apr. 1993, 38), most women lack information about their legal rights, and together with the social stigma attached to taking these issues to court, this has limited the ordinance's effectiveness (Wilson-Smillie Feb. 1990, 4). Another source notes that the ordinance only affirms the unequal treatment accorded men and women: "while a husband does not need to go to court [to obtain a divorce], a wife must litigate in this forum, which calls for an unnecessarily long procedure" (World Bank 1990, 21). Even if the court rules in favour of the litigant, the judgement still requires validation from the offices of the local government. The source further notes that this procedure is "not an improvement since women already had to seek dissolution of their marriage in court under the [Muslim] Family Law Ordinance of 1961" (ibid., 22).

3.4            International Human Rights Law

Of the 75 existing international instruments on human rights, to date Bangladesh has accepted 11, including the Convention on the Rights of the Child, the Convention on the Suppression of Traffic in Persons and of the Exploitation of the Prostitution of Others, and the Convention on the Elimination of All Forms of Discrimination Against Women (CCHRB Nov. 1992, 3-4).

When the government ratified the Convention on the Elimination of All Forms of Discrimination Against Women in 1984, it submitted a restrictive interpretation giving precedence to Islamic law where it conflicts with the convention (Gillespie May 1990, 10). Bangladesh continues to maintain reservations to certain provisions of the convention, including article 2 on the pursuit "by all appropriate means and without delay a policy of eliminating discrimination against women," paragraph 13.(1)(a) on the right to family benefits, paragraph 16.(1)(c), which ensures "the same rights and responsibilities during marriage and at its dissolution," and paragraph 16.(1)(f) on the rights and responsibilities with respect to guardianship and adoption of children (United Nations 28 May 1993, 62; ibid. n.d., 6-12). In response to questions on article 2 at the 12th session of the Committee on the Elimination of Discrimination against Women, the representative from Bangladesh noted that while the constitution had granted equal rights to men and women, a degree of inequality was still present in both Muslim and Hindu personal law (ibid. 28 May 1993, 52).

4.    AREAS OF CONCERN

According to Katarina Tomasevski, a researcher with the Danish Centre of Human Rights,

the human rights record of Bangladesh comprises a number of areas where the non-observance of international minimum standards can be documented. Rights of women and indigenous rights are not recognized to the degree required by international treaties to which Bangladesh is a party. Violations of the right to life, liberty and security are frequently reported and well documented. As a rule the Government does not investigate documented violations to determine the responsibility of its officials and enforce safeguards for basic human rights and freedoms (1988, 4).

Although a number of laws have been passed that specifically address the status and rights of women in Bangladesh, there are still many problems with the implementation of women's legal rights (International Women's Rights Action Watch Dec. 1992, 2; Lewis Mar. 1993, 18; Naripokkho Oct. 1992, 12). One reason given for this situation is ignorance of the law, which is caused by a "lack of social and political consciousness, low literacy, observance of seclusion and submission to husbands' wishes, lack of exposure to mass media, information, etc." (Begum 1992, 6). Although the civil law guaranteeing the legal rights of women may appear substantial, customs and traditions based primarily on Muslim personal or family law still take precedence in practice (Khan 1988, 17). Furthermore, even in cases where women are aware of their rights and the legal means for redress are in place, lack of access to legal assistance is another impediment to women's ability to exercise their legal rights (Wilson-Smillie Feb. 1990, 4). There are few "effective agencies to provide intervention or support for women's legal rights," and the limited availability of legal aid services generally means that any woman initiating a court proceeding can expect a "long and expensive process" (ibid.; Lewis Mar. 1993, 18; Country Reports 1992 1993, 1192). As well there is the social stigma to consider; according to Wilson-Smillie, it "is not considered socially acceptable for women to go to the courts" on issues of family law such as dowry, divorce, custody, maintenance and guardianship of children (Wilson-Smillie Feb. 1990, 4).

4.1 Domestic Violence

Although reliable statistics on violence against women are non-existent (Country Reports 1992 1993, 1126), domestic violence does receive substantial coverage in the Bangladeshi press (ibid.; CCHRB Nov. 1992, 75; Encyclopedia of the Third World 1992, 113). Not only is domestic violence a common feature of Bangladeshi life, particularly in the early years of marriage (White 1992, 137), but the rate of suicide among women may be three times as high as it is among men (CCHRB Nov. 1992, 75; Encyclopedia of the Third World 1992, 113).

According to the Bangladesh Observer, women often have no basis for taking legal action against their husbands in domestic violence cases since many Muslim marriages are not registered (6 Dec. 1990), perhaps as many as 50 per cent (Khan 1988, 19). Police allegedly view domestic violence as "a non-criminal, marital and social problem and not as a law and order issue" (Bhuiyan 1991, 14-15). Furthermore, lacking clear authority to enter private premises in order to investigate offences, police in several jurisdictions are said to be uncertain about what constitutes an appropriate response in cases of suspected domestic violence (ibid., 15).

A large number of domestic violence cases are related to the practice of dowry. One source estimates that at least 70 per cent of wife murders are dowry-related (Huq 1989, 208). Whereas payment by the groom's family used to be common in Bangladesh and parts of northern India, in the last two generations there has been an increase, among all religious groups, in the number of payments by the bride's family, and a dramatic increase in the amount of dowry paid (White 1992, 102). Whatever the underlying reasons for this change, women are reportedly

open to mistreatment if their parents cannot pay the whole sum at once in full, and new, or even recurrent, demands may be made even several years after marriage. ...In extreme cases this leads to "dowry deaths", when women are either pushed to suicide or directly murdered by their husbands' families (ibid., 103-04). There are numerous reports of husbands who assault their wives, sometimes with the help of the husbands' relatives (Bhuiyan 1991, 11-31). In one instance a husband tortured his child in order to pressure his wife (ibid., 18). Women have been beaten, strangled and burned to death, and sometimes are driven to suicide to take dowry-related financial pressures off their families (Bangladesh Observer 24 Nov. 1990; Bhuiyan 1991, 15-19; CCHRB Nov. 1992, 75). According to a report in the Women's Feature Service, there has been a "phenomenal" rise in dowry-related crime (May-June 1989, 21). In the span of only a few months in 1989 the Ministry of Women's Affairs complaint unit registered 813 cases of harassment, most of them related to dowry (ibid.). According to another source, the "vast majority" of dowry-related cases of violence go unpunished as well as unreported (Country Reports 1992 1993, 1126).

4.2  Violence Against Tribal Women

Amnesty International has reported numerous incidents of rape by army personnel of tribal women in the Chittagong Hill Tracts [These violations have taken place in the larger and historically recent context of non-tribal settlement of the area, a process which has been encouraged by successive government administrations (Amnesty International Aug. 1991, 3; International Work Group for Indigenous Affairs Dec. 1984; 24-29; Survival International Annual Review 1984, 9-11). Human rights violations in the area have been extensively documented and continue to be reported (Amnesty International 1993, 63; Ibid. Aug. 1991, 1-15)]. (Amnesty International Aug. 1991, 10-12). In one incident on 19 October 1990, 16 women, most below the age of 18, were reportedly beaten and raped by soldiers at Bilai Chari Para (ibid., 11). A military officer later indicated that three of the five soldiers responsible for the incident had been dismissed from service and the other two were jailed, but it is not clear whether the latter two were ever charged or tried for the offence (ibid., 10-11).

The evidence on rape has been corroborated by the Chittagong Hill Tracts Commission (CHTC), which has interviewed a number of women reportedly raped by army personnel between 1985 and 1990 (May 1991, 106-08). The women gave accounts of being gang raped by soldiers, sometimes in front of their children or families. Notes the CHTC, women live in continuous fear of rape. Some young women told the Commission that they are no longer able to wear their traditional dress. If they do, they run the risk of being raped. For their own safety they are forced to hide their tribal identity as much as possible. It is also too dangerous for them to leave their houses at night (ibid., 107). There are also accounts of Bengali settlers raping women during attacks on tribal villages (ibid.). Although the details are not yet clear, in one recent incident a Bengali boy may have been killed after assaulting a tribal woman. Amnesty International has received reports that as a result of the boy's death, over 200 people in Logang were massacred by a civilian defence force on 10 April 1992 (Amnesty International Apr. 1993, 25).

Because of the social stigma attached to rape, women who have been victims of rape may be rejected by their husbands or find it difficult to marry. As well, if the woman becomes pregnant and bears a child, she likely will be ostracized and will have to leave her community (Chittagong Hill Tracts Commission May 1991, 107).

The CHTC has also documented cases of forced marriage of tribal women to Muslim men. According to the CHTC, "forced intermarriage is one way in which women are used as an instrument to integrate the hill peoples into Bengali society and to change the demographic balance in the area" (ibid., 108-09). A secret memorandum encouraging army officers to marry tribal women was reportedly circulated in the area in 1983 (ibid., 109).

4.3        The Workplace

According to the Bangladesh Bureau of Statistics, women number 5 million out of a total labour force of 33 million. Approximately 1.2 million women are employed as domestic servants and another half million work in the garment industry, where about 90 per cent of the workers are women (CCHRB Nov. 1992, 76; The Toronto Star 5 July 1992). Cruelty to domestic servants is frequently reported in the press and there have been allegations of widespread abuses of employees in the garment industry (ibid.; Country Reports 1991 1992, 13). Women have been forced to work overtime for no pay and "many" have been sexually assaulted, either in the workplace or on their way to or from work (Asian Centre for the Progress of Peoples 4 Jan. 1992; Inter Press Service 22 Apr. 1991). Some factory owners reportedly believe it is an employer's prerogative to punish female employees for perceived violations of shop floor discipline or for errors in their work; The Toronto Star reports that 10 per cent of all female garment factory workers have been beaten or tortured by an employer, and in some factories women are forced to "stand on their heads for extended periods as punishment for flaws in their work" (5 July 1992). Making reference to the iron bars used to lock the doors of many of Dhaka's 885 garment factories, the same source describes working conditions as "slave-like" and states that women workers "are shut into their workplace at the start of each work day, and the iron gates stay sealed until the male shop bosses say it's time to leave" (ibid.). In such conditions the danger of factory fires is ever present (ibid.).

Not only are garment workers reportedly deprived of labour law guarantees and International Labour Organization (ILO) standards, but government monitoring bodies such as the Chief Inspectorate of Factories and the Labour Court are said to ignore the situation:

Their alleged neglect in enforcing required procedures like the maintenance of attendance registers, overtime registers, appointment letters, and service books is considered one of the main reason why women workers in the garments industry suffer great exploitation (CCHRB Nov. 1992, 77-78). In a series of incidents in late 1991, after taking to the streets to press for improvements to their conditions, garment workers were locked out and even assaulted (ibid., 78). In one incident 25 workers were reportedly injured, most of them women (ibid.).

4.4        Trafficking in Women

According to the Pakistani organization Lawyers for Human Rights and Legal Aid (LHRLA), thousands of Bangladeshi women have been smuggled into Pakistan and forced into prostitution and marriage in operations involving police and army officials from Bangladesh, Pakistan and India (AFP 16 Feb. 1992). Women and children have also been forced into pornographic films, bonded labour, drug smuggling and other illegal activities (CCHRB Nov. 1992, 79). Many others have been imprisoned in Pakistani jails for illegally crossing the border (LHRLA 1992, 9).

The LHRLA notes that the agents of this traffic are extremely well organized, have networks in most major cities of the subcontinent, and have strong links to law enforcement agencies. In some instances women and children--usually very poor--are deceived with offers of better lives and jobs in Pakistan or India and are asked to pay a fee for this "service," while in others cases they are simply abducted from their homes or places of work (Apr. 1993, 1-4). These women are vulnerable to abuses such as sexual assault and have no recourse to legal action (CCHRB Nov. 1992, 79). Firsthand accounts and media and human rights reports on abductions and abuse abound (ibid., 80; Bhuiyan 1991, 42-43; LHRLA Apr. 1993, 5-60; Hotline Oct.-Nov. 1992, 4-5). In 1991 in Pakistan, at least 220 women and children were rescued from traffickers and about 50 traffickers were themselves arrested (CCHRB Nov. 1992, 80).

For its part, the government of Bangladesh has stated that the traffic in women and children is a major concern and that steps have been taken to alleviate poverty [For a list of projects the government has implemented to alleviate poverty, please see (United Nations 8 Apr. 1993, 2-27)].--reportedly, one of the major reasons for trafficking--particularly in rural areas (United Nations 28 May 1993, 52). In Pakistan, where most of the victims of the "flesh trade" are Bengali, the government claims it has attempted to stop their illegal entry and to halt brothel operations. The president of the LHRLA, however, dismisses official claims that sincere efforts have been made to halt the traffic in women (AFP 16 Feb. 1992).

5.        ALTERNATIVES AVAILABLE TO WOMEN

According to Shireen Huq, a founding member of the women's activist organization Naripokkho and a member of its central coordination committee, Bangladeshi women fleeing abuse "have few or no options. They put up with violence, especially in marriage, and hope it will subside over time" (Huq 11 Aug. 1993). Sigma Huda, secretary-general of the Bangladesh Society for the Enforcement of Human Rights (BSEHR), agrees: "if a woman is the victim of violence, she will likely accept it as fate and remain in the relationship" (BSEHR 12 Aug. 1993).

In addition to the social stigma attached to leaving a marriage, the lack of economic opportunities in Bangladesh is another major obstacle confronting women who wish to leave abusive relationships. Huq states that while some women might consider returning to their natal home, this option is rarely encouraged by parents who in all likelihood are already living at a subsistence level, particularly when the fleeing woman has children. As a result, parents often encourage their daughters to tolerate domestic violence. A woman's options may be even more limited in cases where the natal home has been inherited by a son. She may choose to forego her share of the inheritance in the hope that her brother will take her in at some later date; however, there is no guarantee that the brother will shelter her, and if shelter is provided, more often than not she will be relegated to the position of "household helper" (Huq 11 Aug. 1993).

Huq notes that in Dhaka only a couple of shelters are available to women fleeing violence, and she describes these facilities as "inadequate" (ibid.). There is also a temporary shelter run by the Ministry of Women's Affairs for women requiring rehabilitation into society, but the shelter is used primarily by former prostitutes and is not available to victims of domestic violence. Another shelter has been reserved for unwed mothers. The capacity of each shelter is estimated at between 10 and 20 women (Huda 12 Aug. 1993). In rural areas, where more than 85 per cent of women live (CCHRB Mar. 1993, 67; Country Reports 1992 1993, 1126), there are no shelters and women are forced to rely on their families and neighbours for support (Huq 11 Aug. 1993).

Those women who wish to leave the country and have the means to do so may find other barriers to flight from abuse or violence. Article 15.(4) of the Convention on the Elimination of All Forms of Discrimination Against Women states that signatory nations "shall accord to men and women the same rights...relating to the movement of persons or the freedom to choose their residence and domicile," but a Naripokkho report prepared for CEDAW indicates that women in Bangladesh require the consent of their husbands to obtain a passport (Oct. 1992, 5). Although there is no legislation governing this matter, the passport office allegedly insists on the husband's signature before it will issue a passport to a woman (Huq 11 Aug. 1993). The practice reportedly began in 1979 or 1980 after the Ministry of Home Affairs circulated an inter-departmental memo on deterring the traffic in women. Huda cautions that while the government's objective was to ensure that women could not be removed from the country without the knowledge of their families, in practice the policy does not prevent someone other than the husband from signing the papers (12 Aug. 1993).

Although the practice has been challenged, with the result that the government did comply in one instance, the passport office reportedly continues to ask for the husband's permission before issuing a passport to a woman (Huq 15 Aug. 1993; ibid. 11 Aug. 1993). However, an official with the High Commission for Bangladesh in Ottawa denied that women in Bangladesh still require their husbands' permission (21 July 1993).

In recent years women's organizations have formed for the purpose of raising public awareness about women's issues and to lobby the government to improve their social, economic and legal situation. Although information is limited, among these organizations are the Women's Lawyers' Association, the Committee for Resistance to Violence to Women and Social Injustices, Bangladesh Mahila Parishad (BMP), Bangladesh Federation of Business and Professional Women (BFBPW), Women for Women, Saptagram Nari Swanirbhar, Naripokkho, Bangladesh Mohila Samity (BMS) and the Bangladesh Federation of University Women (Kamal 1989, 7; United Nations 8 Apr. 1993, 21-22; The Dallas Morning News 6 Oct. 1993). The CCHRB indicates that in Dhaka about a dozen NGOs conduct legal literacy and training programs and provide direct legal aid (Nov. 1992, 90). A legal aid society reportedly was formed under the auspices of the Ministry of Women's Affairs (Khan 1988, 21). As detailed in a United Nations report, the women's ministry has also developed a number of special projects to raise awareness of women's issues and promote legal aid (United Nations 8 Apr. 1993, 38-39). The Bangladesh Women's Health Coalition has lobbied the government to put women's reproductive and health issues on the public agenda (The Washington Post 7 June 1992), while the Bangladesh Women Peasants Association organized a 12 April 1992 rally in Dhaka at which nearly 5000 angry Bangladeshi women "demand[ed] government action to curb the dowry system, create jobs and ensure welfare payments" (The Independent 13 Apr. 1992). Such changes do not come easily, however. One Bangladeshi feminist's outspoken anti-fundamentalist views have proved so controversial that some 2000 Islamic fundamentalists recently rallied to demand that she be tried and hanged (UPI 2 Oct. 1993; Press Association Newsfile 18 Nov. 1993). One fundamentalist group has reportedly put a price of 50,000 taka (Cdn $1687) on her head (ibid.).

6.             FURTHER CONSIDERATIONS

Although the Constitution of Bangladesh establishes equality between men and women in civil law, social norms and customs based primarily on religious laws discriminate against women in practice (Begum 1992, 6-16; Huq 1989, 208; Kamal 1989, 4; Khan 1988, 17; Naripokkho Oct. 1992, 10-11), a fact not denied by the government of Bangladesh (United Nations 28 May 1993, 52-53). Largely as a result of pressure from women's groups (Kamal 1989, 7), the government of Bangladesh has enacted and amended a number of laws designed to protect women's rights (Khan 1988, 20; United Nations 11 Apr. 1986, 8; World Bank 1990, 20-22). However, there is a wide gulf between the intent of the legislation and its practical implementation (Kamal 1989, 4; Khan 1988, 17; Lewis Mar. 1993, 18; Naripokkho Oct. 1992, 12; United Nations 8 Apr. 1993, 15). Problems have been reported in enforcement, including slow administrative procedures and a lack of cooperation from enforcement agencies in court cases (Women's Feature Service May-June 1989, 22), contradictions between laws (International Women's Rights Action Watch Dec. 1992, 2), bribery of police officials and witnesses (Bhuiyan 1991, 48), police attitudes toward domestic violence (ibid., 14-15), and limited access to legal assistance (Wilson-Smillie Feb. 1990, 4). To explain these shortcomings, socio-economic factors including poverty, illiteracy and the dominance of traditional attitudes and practices are often cited (Begum 1992, 6; Bhuiyan 1991, 15; Kamal 1989, 4; Lewis Mar. 1993, 18).

Analysts are cautious about the future development of women in Bangladesh. According to Naripokkho, attempts to promote the development of women are not likely to be achieved without programmes to promote the awareness of men regarding inequality, gender discrimination and violence against women (Naripokkho Oct. 1992, 26). Because customary practices "have ingrained in women the notion that they are not equal to men," such programmes must also make women more aware of their legal rights and status in society (Huda 12 Aug. 1993). Finally, Bangladesh needs laws that are quickly and easily enforced and a legal system that is accessible to all "so that the women can get some benefit out of whatever the law is offering" (Kamal 1989, 7).

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