A/HRC/15/55* II. Legal framework and accountability mechanisms 8. Bangladesh is a party to most international human rights instruments. However, it is still not a party to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, and it has also not recognized the competence of certain human rights treaty bodies to receive individual complaints. The experts call upon the Government to ratify the remaining human rights treaties and to accept the full competence of all treaty-monitoring bodies. The experts are also concerned that Bangladesh maintains extensive reservations to articles 2 and 16 (e) of the Convention on the Elimination of All Forms of Discrimination against Women, which are against the object and purpose of the Convention and should be urgently reviewed. The Government should also submit its initial report to the Committee on Economic, Social and Cultural Rights, and sign and ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. 9. The experts welcome the fact that part III of the Constitution, entitled “Fundamental Rights”, recognizes the rights to equality before the law, equality between men and women and the prohibition of discrimination on grounds such as religion, race, caste, sex and place of birth. It also recognizes, in article 15 (a), that it is the responsibility of the State to provide for the basic necessities of life. The same article goes on to provide for the right to work and the right to social security. The experts note that water and sanitation are not explicitly included as rights under the Constitution, although they may be implicit in article 15 (a). However, this article does not fall under the “Fundamental Rights” chapter of the Constitution, but rather under part II “Fundamental Principles of State Policy”. The experts found that the separate treatment of economic and social issues in the Constitution reflects a broader misunderstanding that economic, social and cultural rights are not claimable and enforceable, with serious implications for the full enjoyment of economic, social and cultural rights. 10. The experts also welcome the fact that the Constitution provides for the establishment of an ombudsman (art. 77), although they are concerned that no one has yet been appointed to that position. The Constitution specifies that the ombudsman may have the power to “investigate any action taken by a ministry, a public officer or a statutory public authority”. An independent ombudsman is crucial for ensuring accountability, eliminating corruption and improving respect for all human rights, including economic, social and cultural rights. The experts welcome the intention expressed by the Prime Minister to appoint an ombudsman without delay, and call for its guaranteed independence and assurances of adequate political and financial support. 11. The establishment of the National Human Rights Commission in July 2009, in compliance with the ordinance issued by the President in December 2007, is an important development. While this is welcomed by the experts, they regret that it has the mandate only to examine rights falling under the “Fundamental Rights” chapter of the Constitution, creating a gap in the monitoring of the enjoyment of economic, social and cultural rights, including the rights to water, sanitation and social security. When the experts visited Bangladesh in December 2009, the Commission was still awaiting approval for its staffing request. The experts are concerned that, three years since its creation, the Commission still lacks the necessary human and financial resources to carry out its mandate effectively. 12. The experts note that the Anti-Corruption Commission was appointed and started functioning in February 2007, three years after its establishment in 2004. They welcome the fact that it has been empowered to receive individual complaints and to investigate national and local administrative bodies. Information received by the experts indicates that corruption persists in the implementation of social policies, as well as in the water and sanitation sectors. Such corruption disproportionately affects people living in poverty and 4 GE.10-15451