Statement by Ayesha Khanam
To the Committee on the Elimination of all forms of Discrimination Against Women
On the Fifth Periodic Report from the Government of the
People’s Republic of Bangladesh
6 July 2004

Thank you, Madam Chair for giving me the opportunity to address the Committee on the Fifth Periodic Report submitted by the Government of Bangladesh. I speak on behalf of Bangladesh Mahila Parishad, a national women’s organisation which contributed to the Shadow Report to the Fifth Periodic Report. I would like to raise the following critical areas of systemic discrimination against women:

1. Legislation to Address Domestic Violence

Statistics maintained by the government and newspaper reports confirm that women are subjected to high levels of violence within the home, and from their marital partner. The root causes of violence which lie in discriminatory laws relating to marriage, divorce and inheritance need to be addressed by withdrawing reservations to Article 16.1 C of CEDAW.

There is evidence that an increasing number of women are seeking legal redress, but are unable to use the existing legislation in cases of domestic violence. The demand for a progressive law on domestic violence has been consistently articulated by women’s groups, legal aid and human rights organisations. The recently enacted legislation on Prevention of Violence against Women and Children 2000 and 2003 does not address the issue of marital rape and other forms of domestic violence, nor is there any protective legislation for a woman’s security in the home.

In addition to legislation, the law enforcement agencies need to be sensitised and trained in dealing with cases of domestic violence, so that the victim is not further victimised by the prosecution system and that she is not silenced by the community.

The Anti-Dowry Act has not been very effective, because parties, those who give and those who demand dowry are equally liable. Neither the woman victim nor their families are encouraged to file charges in court, if they are liable to be prosecuted themselves.

It is our submission that amendment of laws relating to violence against women should be given a priority in keeping with Articles 5 and 15 of CEDAW, and Constitutional Article 31.

Please refer to pages 17 and 33 of the Summary Shadow Report.

2. Affirmative Action for Political Representation

Women’s participation in legislative and policy decision making is absent. The need for affirmative action has been accepted as an enabling condition for women’s representation in public and political life.

A constitutional provision for reservation of 30 seats out of 330 in the national parliament expired in 2001. Most women’s groups and members of the civil society across the country have raised the demand for enhancing the number of reservations so that women can collectively play an active role in parliament. A further demand has been that women should be elected directly by their constituencies to these reserved seats. The two major political parties had committed themselves to this position in their election manifestos in 2001.

In March 2004, however, the Parliament passed the Fourteenth Amendment to the Constitution that has raised the number of reserved seats in Parliament to 45 only, which is not a meaningful proportion in a house of 345members. Under this amendment women will be selected in proportion to the strength of different political parties represented in Parliament. This procedure continues to be undemocratic and is a negation of Bangladesh’s commitment to Article 7 of CEDAW and the guarantees provided in Article 29 of the Constitution. Further it will contribute to women’s independent participation. (Please see page 21 of the Summary Shadow Report)

Our submission is that the system of selection does not allow women to be responsible for their constituency but to their party in Parliament. They will therefore not feel obliged to work on behalf of their constituency, and this method of selection will not encourage women to enter the political mainstream.

A public interest writ has been filed in the High Court challenging the constitutional validity of this provision. Our submission is that Bangladesh should in keeping with its commitment to Article 7 of CEDAW and article 29(3) of the Constitution reopen this amendment to provide for elections through adult franchise. Further, there should be an obligation upon political parties to nominate a certain percentage of women.

Women have now contested openly in elections to different tiers of the local government. But a lack of direction in allocating rules of business in responsibilities has prevented them from functioning effectively. Our submission is that the Ministry of Local Government play a more positive role in allocating equal functions and responsibilities to all members, whether they are elected in general seats or in reserved seats. And that they should issue clear directions to prevent any form of discrimination against elected women members, within the local councils and in the administration.

3. Strengthening Institutional Mechanisms
Institutional mechanisms are not sufficiently sensitised to bring about elimination of discrimination against women. Our submission is that separation of the judiciary from the executive and sensitisation of the law enforcement agencies is essential for equitable justice.

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