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Workplace Harassment in Bangladesh

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Introduction Bangladesh is a south Asian developing country with a population of about 152.51 million. The country is running sharply to the way of development in which women as well as men are working hand to hand. Unlike other countries in South Asia, there has been a sharp growth in women’s employment in Bangladesh in the last decade coinciding with economic growth and better opportunities. But with a social surrounding like this country, it is very difficult for women to work outside or being economically active. With many other obstacles, sexual harassment in work place is one of the common obstacles that women of our country face in work place. Sexual harassment is a common phenomenon in our country for every woman whether she is a worker or not. Working women here face a double jeopardy as they are vulnerable to physical, sexual or verbal abuse not only inside the workplace but also outside their workplace. Though Bangladesh government has recognized sexual harassment as a criminal offence, this problem is on the rise in the country. A short history of sexual harassment act: The idea of sexual harassment is a relatively new idea. For the first time in 1970, American feminists describe certain kind of conducts as sexual harassment. Feminist legal scholar Catherine MacKinnon was the first one for naming and defining sexual harassment ‘as an expression of male dominance and as a form of sexual discrimination.’ She drew it on Title VII of the 1964 Civil Rights legislation, which prohibits discrimination based on religion, race and sex. Thus, in the US and a number of other countries, sexual harassment recognized as a form of sex discrimination. Over the last two decades, sexual harassment drew much attention as a social and legal problem and individual government as well as international organizations has taken the issue seriously. In 1979, the United Nations Convention for the Elimination of All forms of Violence Against Women included sexual harassment in its definition of violence. In 1986, the Women’s Bureau of the International Confederation of Free Trade Unions published a Trade Union guideline on Sexual Harassment. In 1992, the International Confederation of Trade Unions adopted a resolution recognizing sexual harassment as a legitimate trade union issue. However, sexual harassment is not part of any binding international Convention; even the core labor standards of the International Labor Organization (ILO) do not refer specifically to sexual harassment in the workplace. The ILO’s Committee of Experts considers sexual harassment to fall within the scope of the ILO Discrimination (Employment and Occupation) Convention, 1958 (no. 111), one of the eight fundamental conventions that form the basis of the ILO’s Decent Work Agenda. In other words, relevant bodies of the ILO interpret sexual harassment as a form of sex based discrimination.1 In Bangladesh, the Nari O Shishu Nirjaton Domon Ain (2000) for the first time made sexual harassment a criminal offence punishable by law in Bangladesh. In 2009, The High Court laid down a set of guidelines to prevent sexual harassment on women and children at work places, educational institutions and on the streets as a petition filed in public interest by executive director of Bangladesh National Women Lawyers’ Association Salma Ali. Definition of Sexual Harassment According to trade union guide of International Trade Union Confederation (April, 2008), sexual harassment is unwanted, unwelcome and unasked-for behavior of a sexual nature. Sexual harassment is a display of power which is intended to intimidate, coerce or degrade another worker. They describe 4 types of sexual harassment as- (a) Physical like touching, pinching, stroking, squeezing, or brushing against someone, leering or ogling, making homophobic comments and sexually suggestive signals, winking, sending unwanted e-mails, text messages, posting sexually-explicit jokes on an office intranet, unnecessary physical contact and touching and physical assault. (b) Verbal types of sexual harassment include making sexual comments or innuendos, telling sexual jokes, or asking about sexual fantasies, making insults based on a person’s sex or rating their sexuality, turning work discussions to sexual topics, requests for sexual favors, often related to promotion. (c) Non-verbal acts include displaying pictures, calendars, PC desktop wallpaper or other sexually explicit material, sending anonymous letters, and whistling. (d)

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