BANGLADESH: Children's rights in the Special Procedures' reports

Summary: This report extracts mentions of children's rights issues in the reports of the UN Special Procedures. This does not include reports of child specific Special Procedures, such as the Special Rapporteur on the sale of children, child prostitution and child pornography, which are available as separate reports.

Please note that the language may have been edited in places for the purpose of clarity.

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• UN Special Rapporteur on violence against women, its causes and consequences
• UN Independent Expert on the question of human rights and extreme poverty and the UN Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation
• UN Special Rapporteur on the right to food
• UN Special Rapporteur on freedom of religion or belief

UN Special Rapporteur on violence against women, its causes and consequences, Rashida Manjoo

(A/HRC/26/38/Add.2)

Country visit: 20 to 29 May 2014
Report published: 1 April 2014

• Introduction: In Dhaka, the Special Rapporteur met [...] high-ranking officials of the Ministries of Chittagong Hill Tracts Affairs, Education, Health and Family Welfare, Home Affairs and Women and Children’s Affairs. She also met with [...] members of the Parliamentary Standing Committee of the Ministry of Women and Children’s Affairs. She visited [...] a Special Tribunal on Violence against Women and Children. (para 2)

• Violence against women in the family: Dowry-related violence and killings reportedly remain prevalent across Bangladesh. During the first eight months of 2013, civil society organizations reported 327 cases of dowry-related violence suffered by women and girls [...] 208 included physical abuse, 110 were murder cases, and in 9 cases the victims committed suicide. These cases do not include instances in which women’s children or other relatives were the victims of such dowry-related violence. (para 8)
• Despite being outlawed through the adoption of the Child Marriage Restraint Act of 1929, early marriage remains a major problem. According to the United Nations Children’s Fund (UNICEF), 66 per cent of Bangladeshi girls are married before the age of 18 and approximately one third of women aged 20 to 24 were married by the age of 15. The Special Rapporteur was informed that in rural areas, some parents feel compelled to marry off their girl children as a “protective measure” against rape, and they resort to obtaining fake birth certificates to escape penalties for violating the law. (para 10)

• Violence against women in the community: The prevalence of acid attacks remains problematic in the country, and these attacks occur within both the family and the community spheres. Civil society organizations reported 31 cases of acid violence in Bangladesh between January and August 2013. Of this total, 22 attacks were against adult women and 4 against girls. Likewise, in 2012, women and girls were the main victims of acid violence, with 58 women and 20 girls being targeted out of a total of 105 cases. Acid is generally thrown on the face or sexual organs of female victims when demands for sex or marriage proposals are refused. The ultimate aim is to damage the victim’s appearance in order to destroy her marriage prospects. (para 11)
• Rape is currently the second most commonly acknowledged form of violence against women and girls in Bangladesh, yet victims seldom seek legal redress. The Special Rapporteur received reports referring to 661 cases of rape during the first eight months of 2013, 281 of which involved adult women victims and 367 cases concerning child victims, including girls. (para 12)
• Different forms of sexual harassment prevail in the country. According to interviewees, girls are regularly abused or harassed in school or on their way to school. (para 14)

• Violence against women in the transnational sphere: The Special Rapporteur received reports of human rights violations, including violence against women, occurring in the Kutupalong refugee camp, which houses the Rohingya community near Cox’s Bazar. (para 21) According to sources, violence against women remains prevalent in the official refugee camps, with more than 70 per cent of reported cases relating to domestic violence. [...] (R)eported cases include [...] child marriage [...] (M)any girls who reach puberty are removed from school for marriage purposes. (para 22)
• Trafficking in persons continues to be a major problem, with Bangladesh being mainly a source country for men, women and children subjected to forced labour and sexual exploitation. Given the reluctance of victims’ families to report cases of trafficking, it is difficult to access comprehensive data and statistics on the magnitude of the phenomenon.  Estimates from various sources state that over 200,000 women and children have been trafficked during the past decade, with trafficking occurring both internally and across the border with neighbouring countries, under the guise of a better life and job opportunities. (para 23)

• Implications of inequality, discrimination and violence for the realization of human rights: Throughout Bangladesh, women and girls are prevented from fully enjoying their human rights both in law and in practice due to inequality and discrimination. (para 25)

• Economic rights and the right to development: On 26 January 2011, the Supreme Court [...] declared the stalking of girls and women illegal, and directed the Government to use the term “sexual harassment” instead of the widely used term of “eve teasing”. (para 41)

• Social and cultural rights: The Special Rapporteur notes that Bangladesh has achieved gender parity in primary and secondary education at the national level. This was achieved through specific interventions focusing on girl students, such as stipends and exemption of tuition fees for girls in rural areas, and the stipend scheme for girls at the secondary level. In addition, the Government has incorporated issues related to violence against women in its revised curricula and textbooks. Nonetheless, one fifth of children of primary school age (6–10) reportedly never attend school as a result of poverty, making them vulnerable to neglect, violence and exploitation. The Special Rapporteur notes that the prevailing level of violence against girls, including harassment by both teachers and fellow pupils in schools or on the way to and from school, early marriages and the absence of suitable toilets for girls, continue to result in high dropout rates among girls, especially in rural areas. (para 46)
• Bangladesh has one of the highest child marriage rates worldwide. Early marriages have serious consequences for the health, education and development rights of girls. The country also has one of the lowest birth registration rates, which hinders the effective implementation of laws against child marriages. (para 47)
• Dowry payment is one of the main sources of economic concern for families, which may force daughters to marry young, or to marry elderly/married men to reduce dowry payments. The social pressure of marrying women to equally or higher educated grooms, who require a higher dowry payment, is sometimes also a deterrent for families to continue with their daughters’ education. (para 48)

• Challenges in fulfilling the State’s obligation to act with due diligence to eliminate violence against women: Over the past two decades numerous laws, policies and programmes have been put in place to address the needs of women generally, and violence against women specifically. These include: [...] the Prevention of Women and Children Repression Act 2000. (para 50)

• Prevention: As regards provisions in the Penal Code, the Special Rapporteur was concerned that marital rape is only recognized as an offence under the Penal Code if the child bride is younger than 13 years old. (para 56) In terms of awareness-raising campaigns and training, the Ministry of Information’s Press Institute organizes training workshops for journalists on child labour, corporal punishment, and children and women’s development issues through its Advocacy and Communication for Women and Children project financed by UNICEF since 1996. The National Human Rights Commission has also published various awareness-raising materials, including a human rights training manual for the police. (para 61)

• Protection: The Special Rapporteur visited the One-Stop Crisis Centre and shelter run by the Ministry of Women and Children’s Affairs in Dhaka. She was informed that women could stay in temporary shelters for a maximum period of six months with two children under 12 years old. The Special Rapporteur, however, received complaints regarding the living conditions, limited freedom of movement and the overall quality of services provided in the shelters. The situation of children living with their mothers in these shelters is of great concern. The Special Rapporteur was informed of cases where children were forced out of school for the entire duration of the mother’s stay, without being offered any suitable alternatives. (para 66)
• In an effort to provide better protection for victims of trafficking, the Government signed the SAARC [South Asian Association for Regional Cooperation] Convention on Preventing and Combating Trafficking in Women and Children for Prostitution in 2002. (para 70)

• Investigation, prosecution and punishment: In 2002, the Ministry of Health issued a circular that set out guidelines for the medical examination of women and children victims of rape. This circular is complemented by the provisions set forth in the 2000 Prevention of Women and Children Repression Act. The Special Rapporteur is concerned at the continued use of the two-finger test, also known as virginity testing [...]The Special Rapporteur welcomes the October 2013 directive from the Supreme Court urging relevant authorities to show cause within four weeks as to why this test should not be declared to be without lawful authority and of no legal effect. (para 74)

• Conclusions and recommendations: The Government has undertaken a number of legal and institutional initiatives to meet its human rights obligations and address the situation of women and girls in the country. However, these have not been translated into concrete improvements in the lives of the majority of women who remain marginalized, discriminated against and at a high risk of being subjected to violence. (para 83)
• The Special Rapporteur would like to address the following recommendations to the Government of Bangladesh: [...] Consider the retrospective application of the Citizenship Amendment Act 2009, so that it applies to children born before 31 December 2008 (para 86 (a)(vi)); Take urgent legislative measures to prohibit early and forced marriages and other practices harmful to the well-being of women and girl children (para 86 (a)(xiv)); Establish a standardized system for data collection and analysis, disaggregated by sex, race, age, ethnicity and other relevant characteristics, in order to understand the magnitude, trends and patterns of violence against women (para 86(d)(i)).

UN Independent Expert on the question of human Rights and extreme poverty and the UN Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation
Magdalena Sepúlveda Cardona and Catarina de Albuquerque, respectively
(A/HRC/15/55)

Country visit: 3 December – 10 December 2009
Report published: 22 July 2010

• Lack of Access to Sanitation and Water: Women, children, persons with disabilities, minorities, indigenous peoples and refugees have been identified as being the groups most vulnerable to extreme poverty and as having limited access to the rights to sanitation and water. The experts recognize that extreme poverty has multiple dimensions in terms of the enjoyment of numerous civil, economic, political, social and cultural rights. The section below highlights some important human rights concerns and focuses on the connections between extreme poverty and lack of access to water and sanitation for these groups. (Paragraph 14)
• Women and girls, who are disproportionately represented among the poor, are negatively affected by lack of access to sanitation and safe drinking water, further exposing them to the likelihood of continued poverty. Although the Constitution guarantees women equal rights, discriminatory social norms often prevail, denying them the effective enjoyment of their rights and perpetuating their experience of poverty. Adverse cultural patterns related to violence against women, property rights, inheritance law, dowry and early marriages prevent women from fully participating in society and enjoying their human rights. Social norms also dictate that women and girls bear the primary responsibility for collecting water, taking time away from their education and income- producing activities. Furthermore, women lose out on work and educational opportunities because they are ill or have to care for sick relatives, affected by diseases caused by lack of safe water and sanitation. Ensuring safe and regular access to water and sanitation within the vicinity of the household tailored to the specific needs of women has a decisive impact in eliminating poverty. (Paragraph 15)
• The Government has taken important steps to improve the situation of children, including by helping to ensure that children have access to safe drinking water and sanitation and providing hygiene education. The Government has also taken measures aimed at the reduction of child mortality, increased school enrolment and achieving better gender parity in education. Nevertheless, the situation of children, especially those living in extreme poverty, remains a concern. (Paragraph 17)
• While the experts welcome the fact that more children are enrolled in schools, they are concerned that the overall dropout rate is still high, with official data indicating that almost half of children enrolled in primary school do not finish grade 5. Poor children are more likely to drop out of school than rich ones, and girls have a higher dropout rate once they reach adolescence.1 The experts call on the Government to pay particular attention to the sanitation and water factors that can hinder access to education; for example, when children are sick from lack of access to safe drinking water and sanitation, or when girls have to spend long periods collecting water, they do not go to classes. Furthermore, the dropout rate of adolescent girls can be related to whether they have access to separate latrines or appropriate facilities for ensuring menstrual hygiene. (Paragraph 18)

• Health Issues: As children's health is directly related to continued and deepening poverty, the experts welcome the Government policy of increasing vaccination, which has contributed to lower child mortality rates. However, the experts are concerned that children in vulnerable situations, especially those living in urban slums and street children, are less well covered.2 The experts are troubled by the high infant mortality rate, which stands at 43 infants per 1,000 live births.3 Moreover, they are concerned that 51,200 children reportedly die annually as a result of diarrhoea, which is most frequently caused by lack of sanitation and safe drinking water. (Paragraph 19)

• Birth Registration: Lack of birth registration is also a major obstacle for children living in poverty, because it hinders their access to social benefits and their protection from labour exploitation and early marriage. The experts recognize the importance of the Births and Deaths Registration Act and welcome the extension of free birth registration until July 2010. The commitment by the Government to ensure birth registration of all children must be maintained and strengthened in order to further raise birth registration rates which, while having improved, still only cover just over half the population. (Paragraph 20)

• International Obligations: In its National Strategy for Accelerated Poverty Reduction II, the Government of Bangladesh indicates that, while the need for international aid has decreased in recent years, it remains critical in financing infrastructural development, anti-poverty programmes, food security, disaster management and social sector programmes. The experts acknowledge that the Government faces important resource constraints when addressing the situation of a large population living in extreme poverty and ensuring access to safe drinking water and sanitation. In line with their international human rights obligations, in particular articles 2.1 and 11 of the International Covenant on Economic, Social and Cultural Rights and article 4 of the Convention on the Rights of the Child, they call on the international community to continue and enhance its financial and technical support for the country (Paragraph 44)

• Menstrual Hygiene: The independent expert visited several community initiatives to raise awareness about menstrual hygiene, especially among adolescent girls. Menstrual hygiene is crucial for the health of women and girls, as well as ensuring that girls stay in school and women are able to work. A UNICEF study conducted in 2007 found that one third of all girls in rural areas covering 22 districts did not engage in proper menstrual hygiene.25 Sanitation facilities that are private and appropriate for menstrual hygiene needs are a key factor in ensuring women's and girls' dignity. There is a taboo surrounding the topic of menstruation and, in this regard, the independent expert particularly welcomes the efforts of the communities she visited to ensure that girls are aware of proper menstrual hygiene and that they have access to appropriate facilities. She was particularly impressed by the initiative in Rupnagar slum of a group of adolescent girls, with the support of UNICEF, to produce sanitary napkins for their own income generation and to help their local community group to promote good hygiene. (Paragraph 69)

• Discrimination: Sweepers are also subjected to discrimination in the community. The children of sweepers are reportedly ostracized by teachers at school, and feel forced to hide their origins. The independent expert visited a community of sweepers and saw that they had no access to water or safe sanitation. They used a hanging latrine, which emptied out directly into a passing stream. In another Dalit slum, two water points reportedly served 12,000 people. The women and girls have to carry the water up several flights of stairs, which poses a serious threat to their physical well-being. In addition, the women's toilets had a hole in the ceiling where boys watched the girls, depriving them of all privacy. The toilets were in a deplorable state, with faeces covering the entire area. Most Dalits live in rural areas, where they reportedly face similar problems of inadequate housing and the constant threat of eviction. (Paragraph 76)
• To eliminate discriminatory attitudes and stereotypes concerning girls and women, which place the primary burden of collecting water on them and hinder their safe access to sanitation; and to take special measures to ensure that women and girls have access to information about menstrual hygiene, and that sanitation facilities enable them to practice good menstrual hygiene. (Paragraph 125 e)

• Domestic Obligations: A large number of social protection programmes have been introduced in recent decades. These programmes are in line with article 15 of the Constitution, which recognizes the duty of the State to secure the right to social security, understood as "public assistance in cases of undeserved want arising from unemployment, illness or disablement, or suffered by widows or orphans or in old age, or in other such cases". (Paragraph 78)
• The National Strategy for Accelerated Poverty Reduction II and the Perspective Plan demonstrate the great importance given to social protection in government planning. Indeed, the budget allocated to running them has been increasing, reaching around 2 per cent of GDP for social safety nets alone. These can be cash or food support, microcredit or other specific programmes for poverty alleviation, such as the promotion of access to basic health-care services and public schools. There are over 40 safety net programmes administered by several ministries, including those for social welfare, food and disaster management, women's and children's affairs, local government and rural development, and freedom fighters' affairs. Many of the programmes are also implemented in collaboration with non-governmental organizations. (Paragraph 80)

• Cash Transfer Programmes for Education: Bangladesh has implemented a system of cash transfers to promote education, such as the Primary Education Stipend Programme and the Female Secondary School Assistance Project. The Primary Education Stipend Programme, launched in 2002, benefited more than 5 million children from rural areas in 2005.29 The selection process is delegated to school managing committees supervised by education officials. The Female Secondary School Assistance Project was launched nationally in 1994 to promote gender parity in secondary and higher education, and thereby delaying marriage and motherhood. Married girls are excluded from the stipend. In 2005, nearly 2.3 million girls were enrolled in the programme. (Paragraph 82)
• The above-mentioned programmes resemble a conditional cash transfer on the basis of compliance with attendance rates and a required minimum level of performance. Either the mothers (in the Primary Education Stipend Programme) or the girls (in the Female Secondary School Assistance Project) are held responsible for complying with these conditions. The programmes have been reported as being generally successful in raising enrolment rates. Particularly commendable is the progress made in eliminating gender disparity at the primary and secondary levels. While in the past, education attainment for Bangladeshi women was among the lowest in the world, Bangladesh now reports gender equality in enrolment. (Paragraph 83)
• Despite this success, studies indicate that the programmes exclude those who most need the stipend.31 For example, reports indicated that approximately 46 per cent of stipend resources of the Female Secondary School Assistance Project go to the non-poor and two thirds of the very poorest children are excluded.32 The Ministry of Education admits that there are leakages in the disbursement of grants, and that corruption persists. This is mainly because the targeting process concentrates decision-making powers in the hands of certain people, such as school management committee members or influential political figures. There is also a risk of "elite capture" of the programmes, since social and political pressure often results in selection biased in favour of children from relatively wealthy and influential families.33 In relation to the Primary Education Stipend Programme, for example, teachers have reported that the programme tools for identifying beneficiaries often lead local authorities to exclude poorer students and select those who are in a better position to meet the inclusion criteria.34 The problems associated with targeting and mismanagement raise important human rights concerns. (Paragraph 84)
• The conditionalities of the programme also raise human rights concerns. The emphasis on school performance and attendance may further exclude the poorest children; evidence in fact suggests that extremely poor children face greater challenges in meeting attainment and attendance criteria. Moreover, the conditionalities may create incentives to cheat on attendance figures and exam performance so that students can continue to receive their stipend. In such cases, the conditionality may be exposing children to the wrong lesson: that it is possible and acceptable to cheat the local authorities to have access to public resources.35 Conditionalities also raise gender-related concerns. The imposition that women be solely responsible for ensuring compliance may put an additional burden on women and expose them to abuse from those entrusted to monitor compliance with conditionalities. (Paragraph 85)
• Instead of implementing conditionalities, it might be more effective to invest in the quality of education. Higher quality education might encourage more students to attend and stay at school.36 The Government could, in addition, emphasize a curriculum that better prepares girls to participate in social, political and economic life. In particular, the Government should examine improving girls' skills (such as financial management and agricultural techniques) that would increase their income-earning opportunities. (Paragraph 86)
• While the independent expert welcomes the efforts made to increase girls' education, she calls on the Government to ensure that the education of boys living in extreme poverty is also properly addressed. This requires the Government to address the issue of child labour comprehensively. One of the most common reasons for children, and particularly boys, withdrawing from or failing to attend school is entry into paid work. (Paragraph 87)
• Lastly, the expert notes that the school stipend must be seen as one component of a wider social protection system. It can play a crucial role in raising school enrolment, but must be accompanied by efforts to ensure that the education offered is sufficient and of good quality. The stipend can only have an impact on children's lives if it is fully integrated into a broad range of social policies and the provision of public services. Attention should also be paid to ensure that poor children from urban areas and from minorities are not further excluded from education. The Government should build more schools in urban areas, in particular in peripheral towns, to relieve pressure on the existing school system. (Paragraph 88)

• Child Labour: The independent expert was informed that significant progress has been made in reducing child labour. The prevalence of child labour is, however, still worrying. According to the latest figures of the Bangladesh Bureau of Statistics, in 2003, there were 7.4 million children aged between 5 and 17 years engaged in economic activity, among which 3.32 million were below the age of 14.50 Despite the national laws, policies and programmes in place, the enforcement of legal provisions regarding education and child labour is poor. Bangladesh ratified the ILO Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (Convention No. 182) in 2001, but it has yet to ratify the Convention concerning Minimum Age for Admission to Employment (Convention No. 138). The Labour Act of 2006 requires the Government to regularly identify the hazardous occupations in which no child under 18 years should be involved, together with other provisions to prevent harmful child labour, but which remain unimplemented. The independent expert is concerned by this persistent gap between the official commitments made by the Government and their implementation. (Paragraph 105)
• 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. (Paragraph 122)
• Ensure respect for labour standards, also by revising relevant legislation, such as the Labour Act of 2006, to ensure that it complies with international human rights standards and principles. The Government should also significantly strengthen the mechanisms that enforce labour standards, consider ratifying the ILO Convention concerning Minimum Age for Admission to Employment (Convention No. 138), and increase efforts to prevent and respond to child labour, in particular in its worst forms. (Paragraph 126 d)

UN Special Rapporteur on the Right to Food
Jean Ziegler
(E/CN.4/2004/10/Add.1)

Country visit: 23 October -4 November 2002
Report published: 29 October 2003

• Malnutrition: Many of Bangladesh's men, women and children are profoundly affected by macro and micronutrient deficiencies. Every year, 30,000 children become blind due to vitamin A deficiency. Over half the population is affected by iodine deficiency, including 80 per cent of children. The effects of malnutrition are also compounded by inadequate utilization of nutrients, given difficult conditions in terms of access to water, sanitation, health services. (Paragraph 6)
• However, it is women who are most profoundly affected by malnutrition in Bangladesh. Malnutrition levels show a marked gender disparity - far more girl children are underweight and stunted than boy children. This is largely due to patterns of discrimination against women and girls, given the custom that women eat last, which means that they often eat least. The implications of gender discrimination are broad, given the essential role that women play in food production and in assuring the nutrition of the household. It is also increasingly being recognized that high rates of maternal malnutrition have impacts on society as a whole, as underweight mothers are more likely to give birth to underweight babies. (Paragraph 7)
• One out of five Bangladeshi children dies before his or her fifth birthday, two-thirds from malnutrition-related illnesses.4 Half of all children below the age of 5 are underweight and stunted in their growth. This is predominantly due to the vicious circle of hunger that is passed on through the generations, as malnourished mothers give birth to malnourished babies. Over 45 per cent of all mothers are malnourished and underweight, and 30 per cent of all babies are born underweight. This has terrible implications: as we now know, malnourishment in the womb, combined with childhood malnourishment, fundamentally affects not only the physical growth of children, but also mental growth, learning abilities and life possibilities. (Paragraph 8)
• However, the Special Rapporteur was concerned by signs of regression in the realization of the right to food. Levels of inequality began rising over the 1990s, with growing disparities between urban areas and poorer rural areas. Gender disparity in nutrition also not only continues to persist, but deteriorated in the 1990s. Government statistics show that girls are increasingly likely to be more underweight and stunted than boys, with the most severe cases of malnutrition. Maternal malnutrition also continues to be very high, particularly in rural areas.27 In general, around half of the babies born in Bangladesh are underweight at birth, compared with one-sixth of babies born in Africa and under 10 per cent in Europe and the United States, a significant difference which seems to be largely due to the persistence of social discrimination against women and the fact that women eat last and eat least. (Paragraph 39)
• Gender discrimination remains a powerful obstacle to the realization of the right to food in Bangladesh, with women more malnourished than men. Although women are protected and guaranteed equality by the law, existing social values, reinforced by religion, permit discrimination against women. The fact that women eat last and eat least reflects an unequal distribution of food within the household which should be understood as another form of violence against women. It should also be recognized that the malnutrition of women is a contributor to the low birth weight and high mortality of infants, both girl and boy children. The best way to ensure that babies are not born underweight is to ensure the health and nutrition of women. Other forms of discrimination encourage violence against women and contribute to and reinforce the undervaluation of women, including dowry-related violence, child marriage and "acid-throwing" where women are intentionally disfigured by acid thrown in the face as vengeance for refusal of marriage proposals. Important work is being done by both the Government and non-governmental organizations to address these issues, but more still needs to be done. (Paragraph 48)
• More work needs to be done to challenge patterns of gender discrimination, given increasing disparities in malnutrition rates between men and women, girls and boys. There is a particular need to understand that underweight mothers will have an affect on the health of the whole society, as malnourishment in the womb can severely affect the physical and mental growth of babies. Patterns of discrimination whereby women eat last should be challenged, particularly where this implies that they also eat least, and they should be understood as a form of violence against women. The implementation of legal protections in place to protect women should be strengthened, including protection against other forms of violence against women such as acid-throwing or child marriage. The Government should withdraw its reservations to the Convention on the Elimination of all forms of Discrimination against Women. More attention should be paid to implementing the laws and bridging the gap between laws and practice, and the Special Rapporteur urges the Government to show strong political will in support of women's rights to help eradicate the violence and discrimination against women in Bangladesh; (Paragraph 54 e)

• Recent Improvements: It is fundamental to recognise the recent progress made in Bangladesh despite so many climatic and other challenges. Progress in recent years shows that Bangladesh does not deserve the label of "basket-case" accorded to it in the 1970s. Bangladesh has managed to overcome the shadow of famine6 and over the last 10 years, the number of Bangladeshis suffering from poverty has fallen by 10 per cent.7 Between 1996 and 1999, the proportion of underweight children fell by 8 per cent and those with stunted growth fell by 7 per cent.8 Broader social development improvements have also been made, including great steps forward in improving education, particularly in increasing enrolment of girls in school, which will have a fundamental impact on gender relations in the future. (Paragraph 11)
• The Special Rapporteur was very encouraged by the important progress that Bangladesh has made in overcoming the threat of famine and mass starvation that haunted its past, despite being faced with so many climatic and other challenges. Improved disaster management and raising levels of cereal production to self-sufficiency levels has significantly reduced chronic food shortage and insecurity and contributed to the progressive realization of the right to food.24 Progress has been made in reducing malnutrition, particularly of small children. The numbers of underweight infants has fallen from 72 per cent in 1985 to 51 per cent in 2000 and infants with stunted growth has fallen from 69 per cent in 1985 to 49 per cent in 2000.25 Child mortality levels have also fallen, from 94 deaths per 1,000 live births in 1990 to 66 in 2000, which means that fewer children are dying from malnutrition or malnutrition-related diseases before their fifth birthday. In the last decade, the number of Bangladeshis suffering from poverty has fallen by 10 per cent.26 Progress in broader social developments has also been made, as noted above. (Paragraph 38)

• Access to Safe Drinking Water: In terms of access to safe drinking water, which is an essential part of healthy nutrition, the installation of millions of tubewells across Bangladesh constituted progress until arsenic contamination of these tubewells prompted their reconsideration. Millions of small-scale tubewells have been sunk in Bangladeshi villages, which have provided access to water for many millions of people for both drinking water and irrigation. This has brought with it some great advances: using drinking water from groundwater, rather than surface ponds, has radically reduced the prevalence of waterborne disease, including diarrhoea, which was one of the major causes of premature death, especially of small children and babies. Increased availability of water for irrigation purposes has improved food security by enabling agriculture outside of the rainy season and significantly improving productivity. (Paragraph 13)
• In terms of access to water, considerable progress has also been made in improving access to water across Bangladesh through millions of small-scale tubewells for both drinking water and irrigation. Using tubewells instead of surface ponds has radically reduced the prevalence of water-borne disease, including diarrhoea, which was one of the major causes of premature death, especially of small children and babies. Increased availability of water for irrigation purposes has improved food security, enabling agriculture outside the rainy season and improving productivity. However, the Special Rapporteur reiterates his concern about arsenic contamination, which represents a regression in terms of access to fresh and safe drinking water. The poisoning of tubewell water by arsenic is a phenomenon that must be urgently addressed if Bangladesh's progress in social development is to be adequately realized. It should be recognized as well that high levels of malnutrition increase susceptibility to arsenic poisoning, which means that many Bangladeshis are at high risk, particularly women. There is also growing concern about the possible uptake of arsenic into the food chain, through the use of contaminated irrigation water. It has been demonstrated in a few studies that there is a risk that if crops, especially fruit, leaf vegetables and tubers, are irrigated using arsenic-contaminated water, then the arsenic may become present in the food produced. More broad-based and comprehensive studies will be needed to establish if this is the case. The urgency for dealing with the arsenic issue is therefore clear. There is an urgent need for immediate simple solutions, that can be replicated across millions of villages, such as the provision of tanks to collect rainwater. (Paragraph 40)
• There is an urgent need for a public information campaign on arsenic that makes suggestions for immediate and low-cost solutions that Bangladeshi villages can put immediately into effect, in addition to continued studies and discussions regarding longer-term solutions to the problem. In the immediate term, one of the best solutions appears to be the collection of rainwater to use as drinking water by building small family cisterns to collect rainwater.30 Remedial action will be possible, given that Bangladesh benefits from high rainfall and has abundant access to surface water; however, it will require immediate and strong political will on the part of the Government. Places such as schools and hospitals should be tested immediately to ensure that children and others are not unnecessarily exposed to arsenic contamination; (Paragraph 54 d)

• International Obligations: Bangladesh has also ratified the other instruments relevant to the right to food,
including the International Covenant on Civil and Political Rights (art. 6), the Convention on
the Rights of the Child (arts. 24 and 27) and the Convention on the Elimination of All Forms of Discrimination Against Women (arts. 12 and 14). However, there are a number of reservations made to this Convention which effectively deny equal status for women in Bangladesh. The Special Rapporteur was encouraged that the Ministry for Women's and Children's Affairs is working towards the lifting of these reservations. He also discussed this issue with the Minister of Foreign Affairs who agreed that these reservations should be reconsidered. The Special Rapporteur was encouraged that the Government of Bangladesh has submitted reports to both the Committee on the Elimination of Discrimination against Women and the Committee on the Rights of the Child. (Paragraph 17)

• Governmental Policies: The key element of Government policy is the Public Food Distribution System (PFDS), a system dating back to the great Bengal famine when it was set up to distribute food to the poorest from Government-held foodstocks. The PFDS and Government-held foodstocks have long played an important role in ensuring food security and crisis management in Bangladesh. More recently, PFDS has been undergoing a period of considerable change, shifting towards a more market-orientated approach, and away from universal distribution to a targeted "safety-net" programme for the most needy, as well as reducing Government foodstocks and deregulating the import of foodstocks by the private sector to enable commercial imports. PFDS is now fundamentally constituted by a range of safety-net programmes for the very poorest, which distribute foreign food aid. These programmes include Food for Work, Food for Education and the Vulnerable Group Development programme. Food for Work provides wheat in exchange for work in rural infrastructure projects. Food for Education initially provided wheat, and now provides wheat and rice, to poor children in return for regular primary school attendance. The Vulnerable Group Development project provides food grain training ration, providing nutrition, skills and literacy training for 400,000 poor women each year. Other programmes, including the Vulnerable Groups Feeding programme, form part of disaster response, rather than part of the safety-net programmes. During the floods of 1998, for example, the VGF programme is considered to have played a very important role in stabilizing the situation of hunger in the country. (Paragraph 29)
• Following the 1998 floods, the Government set up a comprehensive food security policy, with the collaboration of WFP and FAO. This policy is important because it outlines the responsibilities of the Government in assuring the different elements of food security: availability, access and the utilization of food (including nutrition). The Ministry of Food is responsible for promoting the availability and access to food, whilst nutrition and the utilization of food is primarily the responsibility of the Ministry of Health. Clear policies have been outlined with respect to improving availability, enhancing accessibility and promoting nutrition. A focus has been put on improving food availability, targeting food grain self-sufficiency and increasing domestic production of rice, although there is still a need for diversification of production, including increasing vegetable production. The availability of foodgrains (rice) has improved greatly, but access to food is still the fundamental problem and the policy recognizes that chronic food insecurity is reflected in the severe malnutrition levels particularly of women and children. One way in which access is addressed is through the food aid programmes outlined above. A key principle within this overall policy is also that disaster management must form an essential part of planning for food security, given the great risks of transitory food insecurity, created by floods, droughts or other disasters, for millions of people in Bangladesh. However, in some regions in the North, emergency food relief has to be provided every year, suggesting that this is a problem of structural hunger, rather than transitory food insecurity. It is also clear that in order to improve access to food, emphasis should not only be put on food aid programmes, but also on the importance of generating wage employment within the economy, not only relying on microenterprises. (Paragraph 31)
• Improving nutrition is also a key aim of the Government. The Bangladesh Integrated Nutrition Project (BINP) which operated from 1996 to 2003 in cooperation with the NGO BRAC, has resulted in important improvements in the nutritional status of young children and mothers in 59 out of 464 upazilas where it has been piloted. This project has now been scaled up to the National Nutrition Programme (NNP), although at the time of the visit, it was not operational as the disbursement of funds provided by the World Bank had stalled due to disagreements over procurement policies. (Paragraph 32)
• In terms of broader strategies to address poverty in Bangladesh, the Special Rapporteur was encouraged by the rights-based approach taken in Bangladesh's interim Poverty Reduction Strategy Paper (I-PRSP). This highlights "the need for progressive realization of rights in the shortest possible time", including the realization of economic, social and cultural rights.19 This proposes a comprehensive approach to measure progression and regression in targets set in Bangladesh's poverty reduction strategy and in broader commitments made at the World Food Summit and in the Millennium Development Goals. This includes monitoring some important commitments with respect to hunger, malnutrition and poverty, including for example the commitment to eradicate hunger, chronic food-insecurity and extreme destitution, to reduce the number of people living below the poverty line by 50 per cent, to reduce the proportion of malnourished children and child mortality rates and to eliminate gender disparity that exists. The Special Rapporteur was concerned, however, by some reports during his visit that the PRSP process has been less participatory than expected and urges that the full participation of civil society in finalizing the strategy be facilitated. (Paragraph 33)

UN Special Rapporteur on Freedom of Religion or Belief
Abdelfattah Amor
(A/55/280/Add.2)

Country visit: 15 May - 24 May 2000
Report published: 9 August 2000

• Orphan Centres: With respect to the Chittagong Hill Tracts, the Special Rapporteur obtained non-governmental estimates indicating that ethnic communities, which formerly accounted for most of the population (97.3 per cent in 1947), presently account for 50 per cent of the population, due to the large (mostly Muslim) Bengali community. According to information provided by the Ministry for Foreign Affairs, the 1991 census found the following distribution of religions in Rangamati: 26,382 Muslims, 8,871 Hindus, 12,006 Buddhists, and 217 Christians. The same sources gave the following figures for the number of religious institutions in the Rangamati Municipal Area: 31 mosques, 8 mandirs, 10 Buddhist temples, 2 churches, 2 madrasahs, 4 orphan centres, 26 maktabs, 5 Muslim graves, 3 burning yards, and 1 Christian grave. (Paragraph 11)

• Child Custody: According to Law Professors at the University of Dhaka, the country's Jurisprudence has made considerable progress, with judges increasingly disposed to give precedence to constitutional provisions regarding non-discrimination (Articles 27- 29) and to the right to the protection of the law over all incompatible provisions of religious personal laws (Article 31: To enjoy the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be ... and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken, except in accordance with law). The Professors also noted that precedents had been obtained in the area of childcare (the High Court judgement on child custody in the case of Abdul Jalil and others v. Mrs Sharon Laily Begum (civil) established equal rights for Muslim women in this respect; Bangladesh Legal Decision, BLD. vol. 18, AD 1998:21). However, the consultations revealed that greater progress was needed, both with respect to all communities (including minorities) and with respect to all problematical areas, such as inheritance (see sect. V). (Paragraph 28)

• School Attacks: The Minister of Foreign Affairs stressed that although the Hindu, Christian, and Buddhist communities were in a special minority position, they benefited from the same principle of equality accorded to all citizens, including within the administration. The Secretary for the Interior said that Bangladesh did not experience any real difficulties in the area of religion — especially with regard to minorities — as demonstrated, in his view, by the growth of the Christian community (the result of active conversion among the various tribes). The Secretary for the Interior acknowledged that certain incidents did occur. Particular mention was made of the opposition of local Muslim leaders to the extension of an Anglican church in Dhaka. This opposition was motivated more by considerations of land than by religious considerations. Also mentioned were the attacks carried out over the last four years against the Ahmadi, by small political groups seeking to create instability. The Secretary for the Interior felt, however, that any sense of insecurity that might be felt by the country's minority groups was also felt by the majority. The Minister of Religious Affairs noted that the Ahmadis, who were fully recognized as Muslims in Bangladesh, were experiencing national security problems affecting all of Bangladesh. He added that the Government was taking the measures necessary to protect minorities. With regard to the incident at the Saint Francis Xavier Girls' High School in Dhaka (see para. 66), he believed that this was the only case of an attack against church property. He noted that a member of parliament had succeeded in reaching a compromise solution in this matter (which was in fact a land issue), and that the Prime Minister had visited the site (see also the reply by Bangladesh to the communication of the Special Rapporteur with regard to this incident, E/CN.4/1999/58, para. 36). The Secretary for the Interior said that in Bangladesh the main threat in this context was related to poverty, and especially to gender discrimination — both of which were crucial obstacles to development. The Minister considered that the fight against poverty and the improvement of public institutions, particularly legal institutions, and law and order institutions (plagued by a serious corruption problem) were key to the building of a modern society, and thus to the resolution of the various problems (including religious problems) faced by Bangladesh. (Paragraph 39)
• With regard to places of worship, it was pointed out that extremist Muslim groups often opposed the use of bells and loudspeakers for hymns. This hostility could even be translated into acts of violence during certain international events, such as the Gulf War, which were immediately interpreted by extremists as attacks by the West against Islam. It was explained that on such occasions, extremists would take it upon themselves to train crowds of Muslims, urging them to commit acts of destruction or looting against places of worship belonging to the Christian community, which would be accused of working on behalf of an "anti- Muslim" West. The officials deplored the passive, even complicit approach taken by the police in such situations. The officials noted that even beyond specific international events, there was a strong current of anti-Christian activism. For example: on 28 April 1998, the Saint Francis Xavier's Girls High School suffered attack, looting, and damage to property at the hands of a crowd of Muslims. They had been spurred on by extremists using mosque loudspeakers to accuse the Catholic authorities (falsely, as they well knew) of having destroying the mosque (see communication by the Special Rapporteur, E/CN.4/1999/58, para. 36). The incident was part of a conflict over boundaries, and the extremists were seeking to oppose renovation work being carried out on a Catholic Church property adjacent to a mosque. It was again noted that during these serious incidents, the forces of law and order remained largely passive. The Catholic officials also lamented the fact that, due to electoral considerations, the Prime Minister had not responded to their request for a public condemnation of such attacks or to their request for symbolic reparations. They also noted that legal decisions in favour of the Catholic Church, concerning the use of their property, had not been applied, because extremist Muslims had opposed their application on a variety of grounds. The officials also wished to see an end to discrimination against Christians in the area of public-sector jobs, especially positions of responsibility. The officials expressed the wish that Christian nationals be able to enjoy all the rights deriving from their Bangladeshi citizenship. (Paragraph 66)

• Forced/Minor Marriages: Special mention was made of the difficulties involved in implementing legislation protecting women's rights, particularly in rural areas, largely because of traditions — notably religious traditions or those attributed to religion. For example, it was explained that legislation on the registration of marriages and the minimum age for marriage conflicted with the widespread practice of forcing minors to marry (aimed mainly at preventing all extramarital sexual relations, which are subject to cultural and religious prohibitions). According to some non-governmental estimates, around 800,000 minors were married without their consent every year. These marriages involving minors (which are illegal under positive law) are not, of course, registered by the authorities, as required under the law on the registration of marriages. It has also been estimated that many marriages, including those involving women of legal adult age, were not registered. This was especially the case in rural areas, due either to the fact that people were not informed about the requirement to register, or to certain illegal practices on the part of officials who demanded money for the registration of marriages. This apparently widespread situation of non-registration of marriages is especially harmful because it encourages the practice of repudiation, and thus reveals the limited implementation of divorce laws. Despite the existence of the Anti-Dowry Prohibition Act, this situation also helps to maintain the tradition of the dowry, thereby placing women in the humiliating position of being objects of bargaining. This practice also contributes to the vulnerability of wives, who are sometimes victims of violence on the part of their husbands concerning goods inherited or due to be handed down by the parents to the married women. According to non-governmental sources, 239 women were subject to dowry-related violence in 1998. Of those victims, 60 per cent were murdered, and three per cent committed suicide. Many wives apparently suffered acid attacks — a practice that appears to be widespread within the context of dowry-related conflicts. (Paragraph 76)
• For the reasons outlined above, the State also seems to be at a standstill with regard to all those initiatives that are regarded as unpopular, but are necessary in terms of human rights, such as the re- examination of the Vested Property Act, the adoption of legislation in favour of women, notably the reform of religious personal laws and the abolition of polygamy, as well as measures (including through sanctions) to implement laws on the registration of marriages and divorce and the minimum age for marriage. (Paragraph 98)

• Equality of Rights: With regard to women and religion, the Secretary for Women and Children explained that in accordance with the Constitution, the secular State guaranteed equal rights for all and religious rights for every community. The Secretary recalled her Government's efforts to promote the advancement of women, in the light of a social situation that was prejudicial to women. Those efforts included its decision to adopt a national policy for the improvement of the status of women and the formulation of a national plan of action for the implementation of the Beijing Platform for Action. In a voluminous report entitled "Government of the People's Republic of Bangladesh — National Action Plan for Women's Advancement: Implementation of the Beijing Platform for Action," the Special Rapporteur noted the following recommendations with interest:
• Ministry of Land: Ensure equal ownership by women with men over Khas land distributed.
• Ministry of Religious Affairs: Review curriculum of imam training from a gender perspective and insert sessions on women's and girls' issues and rights. Ministry of Youth and Sports: Mobilization of youth of both sexes through youth clubs or other programmes to promote and ensure birth, marriage and death registration; to prevent child marriages and work actively against the practice of dowry. Ministry of Law, Justice, and Parliamentary Affairs: Strong action to be taken against fatwas being used to victimize women — amend existing laws to prevent discrimination against women.
• Local government Division: Enforce registration of all births, deaths and marriages. (Paragraph 41)

• Education: The Catholic officials said that they were not subject to Government interference. However, they noted that the situation for Catholics was not entirely without difficulties. The officials said that despite constitutional guarantees concerning freedom of religion and religious practice, it was not possible in practice to engage in conversion activities among the Muslim population. They added that any Muslim converting to another religion — as a result of a mixed marriage, for example — was forced to go into hiding, and even to leave Bangladesh, in order to avoid public condemnation. With regard to the teaching of religion in public schools, the officials lamented the fact that the authorities did not, in practice, recruit Christian teachers, even though there were enough Christian students to justify such recruitment. Indeed, it was pointed out that Muslim, and sometimes Hindu, teachers were in charge of Christian teaching, even though they were not qualified to do so. Because of this, the Catholic Church organized Christian teaching at its own institutions, outside normal school hours. However, the Catholic officials said that this was not the best solution, as it excluded students who could not pay the cost of transporting them to the Catholic institutions offering this teaching. (Paragraph 65)
• In addition to the various factors described above (traditions — notably religious traditions or those attributed to religion; cultural social and religious taboos), non-governmental representatives lamented the fact that school textbooks did not convey a positive image of women, despite the efforts of UNICEF, in particular. Mention was also made of the especially harmful role of Muslim extremists. Indeed, it was considered that Muslim extremists profited from a difficult socio-economic system, under which most people sought refuge in religion, but were, unfortunately, guided by religious officials who were often incompetent, and/or close to extremists. It was further pointed out that the absence of girls and women as students and teachers within the madrasahs conveyed a message that was unfavourable to women and contrary to enlightened religious education. (Paragraph 86)
• The Special Rapporteur also recommends that the State implement a policy of prevention, and especially to pursue its efforts in the area of education and to broaden those efforts into a genuine culture of human rights. This education policy must in particular address religious officials, who must receive more rigorous training. This means it must teach a perfect understanding of Islam, its diversity, and its values of tolerance, and train religious officials to respect other religions and faiths, as well as in the principles of human rights, non-discrimination, and tolerance, especially with regard to women. This education policy must also address the rest of society, and especially Bangladesh's future citizens (its pupils and students). In this respect, it is recommended that the State revise its primary-school textbooks and curricula, in order to ensure that the religious and ethnic diversity of Bangladesh are reflected in such a way that each religion is presented in an objective manner, and in order to promote the values of tolerance and non- discrimination. This education policy should help ensure that the values of tolerance and non- discrimination become fixed in the people's minds, and remove socio-religious interdicts and taboos such as those affecting women and the mixing of religions (for example, marriages between people of different religions, and conversions — especially conversions from Islam to another faith). It is also important that the Government pay particular attention to what is actually being taught in the madrasahs, and to what is being practised in the madrasahs on a day-to-day basis. (Paragraph 105)

• Childcare: With respect to religious personal laws, problems of compatibility arise, not only with regard to national legislation (the Constitution), but also with regard to international law. Religious personal laws do discriminate against women, and therefore undermine the constitutional principle of equality for all, regardless of gender or religious affiliation. Efforts certainly have been made in this regard, but they have been limited to certain areas and communities, such as the reform of 1974, which made it possible to guarantee certain rights under the law to Muslim women, in the area of divorce. These advances must be pursued, and extended to all problem communities and spheres (inheritance, marriage, childcare, etc.). For example, Hindu women must be given the legal right to divorce and inheritance. The Special Rapporteur noted with pleasure the initiatives undertaken in the realm of positive law, with a view to improving the protection of women, such as the adoption of laws on the registration of marriage and divorce, the minimum age for marriage, and the banning of the dowry system. These initiatives must be pursued, and efforts must be made to ensure their concrete implementation, especially in rural areas, in order to combat religious traditions or traditions attributed to religion, which perpetuate, among other practices, the illegal practice of forcing minors into marriage. Also in the context of these initiatives, it is imperative that a legal ban on polygamy be introduced. (Paragraph 90)