A/HRC/15/55*
5.
Weak enforcement of labour standards
120. In Bangladesh, legal provisions cover the fundamental principles of rights at work.
However, these principles are rarely observed or promoted, which results in extremely
difficult working conditions for a large percentage of the working population.
121. The independent expert recognizes that some key challenges persist in the formal
labour market. Nevertheless, there are ample opportunities to ensure that workers enjoy an
adequate standard of living. These include improvements in benefits and protection at
work.
122. Despite significant ongoing work in bringing the Labour Code into compliance with
international standards and to ratify ILO conventions, the independent expert notes that the
Labour Act of 2006 falls short on a number of issues, such as child labour and the
employment of domestic workers. Similarly, the 2004 law on export processing zones is not
in full compliance with ILO conventions on freedom of association and collective
bargaining, which Bangladesh has ratified.
VII. Conclusions and recommendations
123. The independent experts recognize the efforts made by Bangladesh and its
pioneering approaches to address extreme poverty and to ensure access to safe
drinking water and sanitation although some challenges remain. The experts are
convinced that, with political will and continued prioritization of these issues, the
Government can tackle these problems successfully. In this regard, the experts
recommend that the Government:
(a)
Ensure equal protection of all human rights — civil, cultural, economic,
political and social — in the law, in their independent monitoring and in their
enforcement. The experts urge the Government to ratify the Optional Protocol to the
International Covenant on Economic, Social and Cultural Rights. Furthermore,
economic, social and cultural rights should be explicitly included within the mandate
of the National Human Rights Commission;
(b)
Ensure that the National Human Rights Commission, the Ombudsman
and the Anti-Corruption Commission receive greater political and financial support,
while still being assured of their continued independence;
(c)
Collect disaggregated data, with particular regard to the most
vulnerable groups, to have a clear picture of who is living in urban slums. On the basis
of that information, the Government should also draw up a comprehensive plan for
people living in poverty in urban areas, including specific measures to ensure their
access to sanitation and safe drinking water. The Government must address the
situation of those who lack secure tenure, and put an end to forced evictions, which
are contrary to the Government’s human rights obligations.
124. The experts call upon the international community to increase efforts to
enhance international cooperation with Bangladesh, particularly considering the
ongoing global financial crisis and the effects of climate change. In parallel, the
Government needs to ensure that resources are utilized in a timely manner to promote
the realization of human rights.
125. The independent expert on the issue of human rights obligations related to
access to safe drinking water and sanitation calls on the Government and other
relevant actors to gather and publish information on the resources available for the
28
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