National Women Deveploment policy -2

 Do you think you think, National women development policy -2011 upholds women rights? Critically Analyses, if it reflects CEDAW, Beijing platform for Action, and Millennium development goals.

Abstract:

Over the years, women have been playing a vital role in their own societies in various ways. At the same time women are the main victims of suppression and oppression of their own societies. From the very beginning of human history, there were no discrimination in the respect of men and women. They lived in an egalitarian society where there were absent of private property and both men and women were the right to access anything. Women and men worked within the home.

Because of emerging private property and industrial revolution, men had to go outside their home at the same time women confined in their respective home. That was the beginning of women suppression and oppression.

In this paper, I divide two parts. In the first of this paper I will discuss   Why Bangladesh need national women development policy, I also try to Explore contradiction between the NWDO and Bangladesh constitution .I also try to find out that, paradoxically NWDP upholds human rights, but if we want to see the policy with carefully then we see it cannot upholds the women rights Because of ambiguous term and at the same time loopholes of the policy.

In the second part of this paper I will discuss how it is not reflect CEDAW, Beijing platform for action and millennium development goals.

Introduction:

“All human beings are born free with equal and inalienable rights and fundamental freedom”[1]If this so, Why not women. It is beyond doubt that, half of the total population of women; we cannot make progress without their participation of different sectors and without getting their equal rights.

If we see the history, women have deprived their basic rights even until now women suppression and oppression is a common phenomenon in our society.

Because of suppression and oppression as well as deception against women, World community in the international level has taken number of initiative to uphold women rights. And in the national level, different states are making policy to uphold women rights in order to maintaining international standard. It should be noted here that policy is not a law but depend on the policy, law will be made.

      

Why Bangladesh need national women development policy:

 According to the UN Development Programmer’s Human Development Report for 2006, Bangladesh ranks 137 among 177 countries on its Gender Development Index; and 67 out of 75 countries on the Gender Empowerment Measure, a measure of gender inequality in economic and political terms.[2] The Global Gender Gap Index 2007 ranks Bangladesh 100 out of 128 countries in terms of gender equality.

If we see the history of our country. Language movement 1952, Mass uprising 1969, General election 1970, and specially, liberation war of Bangladesh 1971 women played vital role in every sector. We all know that, 2 lacks women raped by the Pakistani brutal force. After the independence women have entered the every sector gradually which is very appreciable?

But the things which are very regret that, until now because of patriarchic attitude they confined within the home. Even now, women deprive their fundamental right. Women are not getting equal right over inherited property. Suppression and oppression has been continuing feature in our community .Eva-teasing, dowry system is common phenomena in our society where women are the ultimate sufferer.

Because of proportionate participation of women in all sphere of life, the present incumbent government has proposed a policy which is known National Women development policy 2011.It is relevant to mention here that, from the poem of Gitanjali which is written by Tagore:

“Those whom you push down will chain you down

Those whom you leave behind will pull you behind

The more you envelop them under darkness of ignorance   

The more distant will your own welfare be.”[3]

Because of tackling the above situation, a legal framework is essential. National women development is such a steps to make a framework. 

Some progress of women in Bangladesh:

It is very relevant to pertinent here that if we want to see in Bangladesh in recent years we have to see following change

But women in this Muslim nation of more than 150 million had also made progress. Girls’ enrolment in secondary school in this male-dominated society jumped to 3.9 million in 2005, from 1.1 million in 1991, including an increasing number of girls from disadvantaged or remote areas.  This had enabled Bangladesh to achieve one of its Millennium Development Goals ahead of time - gender parity in education.[4]

Female enrolment as a percentage of total enrolment increased from 33 percent in 1991 to 48 percent in 1997 and about 56 percent in 2005.[5]
Secondary school certificate pass rates for girls in a government approved project covering nearly a quarter of the country (organised by the Bangladesh Female Secondary School Assistance Programme) increased from 39 percent in 2001 to 58 percent in 2006.  Indirect benefits of this include delays in the age of marriage and reduced fertility rates, better nutrition, and more females employed with higher incomes.

The ratio of girls to boys in primary schools rose from 45:55 in 1992 to 53:47 in 2005 and in secondary schools from 34:66 in 1992 to 50:50 in 2005, the report said. Women’s participation in wage employment in the non-agricultural sector rose from 40.7 in 1992 to 58.6 in 2003, according to a government labour force survey of 2003, the last time such a survey was undertaken.[6]

National Women Development Policy 2011 at a Glance

       Eliminate all forms of oppression against women and girls.

      Define women as human resource.

      Women’s position in politics and in administration.

      To ensure women education to eliminate discrimination among male and female in access of education, provide scholarship for female children to carry their education, article- 21.

      Political and Administrative both are vital issues of women policy-2011.All the political parties ensure women participation in their parties as well as in all sphere of politics .Women participation should be encouraged according to article-32.

Contradiction between Bangladesh constitution and NWDP:

It is important to note here that, Constitution is the supreme law of the nations. Our constitution itself declared article 7(2) This Constitution is, as the solemn expression of the will of the people, the supreme law of the Republic, and if any other law is inconsistent with this Constitution and other law shall, to the extent of the inconsistency, be void.”[7]

On the other hand all laws and policies should be formulated on the basis of constitution. If we see the article 28((1) The State shall not discriminate against any citizen on grounds only of religion, race caste, sex or place of birth. (2) Women shall have equal rights with men in all spheres of the State and of public life.[8]

At the same time if we want to see that NWDP, there is no word or sentence which declare that, inherited property have to be divided equally both men and women .So how we can say it upholds women rights.

Why it cannot upholds the women rights:

It seems to NWDP which is organized a piece of beautiful word which cannot upholds the women rights. There is no clear strategy, how it will be implemented.

It should be mentioned here that, there are several times in the NWDP states CEDAW has established all sphere of life. But we are still reserving CEDAW article 2,16(C) .So how we can say it upholds the women rights.   

   

The NWDP failed to mention anything about the UN Convention on the Elimination of all Forms of Discrimination against Women, the uniform family code, or the equal right of women to inherit property.

We need a uniform family code "Women in different religions get different shares of properties - equal in some religions and less in others. Our demand was to formulate a uniform family code giving women equal rights. The issue was not made clear in the policy,"

 If we see NWDP article 23(1)(2),25(2)[9]It cannot possible to achieve Because all of us know de-facto equality cannot be achieved without equal right of inheritance in the property and the principles of non-discrimination accepted by all and declared by UN CEDAW. This principle cannot be achieved without this right.

NWDP and CEDAW:

  CEDAW is based on three fundamental principles:

    Non-discrimination

    Equality

    State obligation

It is very important to note that,CEDAW is considered the International women bills of rights which emphasize the acquiring equal rights both men and women in the all sphere of life. It goes without saying that,Bangladesh government still reserving the CEDAW article 2,16,(C).it should be noted here that article 2,16,(c)[10] considered the “roots” of the convention. But if we want to see the NWDP,although here several times have said that,CEDAW has been established in all sphere of life but because of reservation the above mention article, how we can say.NWDP reflects the CEDAW.  

MDGs and NWDP:

 In this connection BMP like to relate the issue with the highly discussed program of Millennium Development Goal (MDG). Some of us might know about the program of MDG and declaration, which has taken a challenge of changing world. MDG has declared 8 goals: 

· Eradicate extreme poverty and hunger for developing global partnership for development. [11]

· Combat HIV/ AIDS etc.
Among 8 goals, number 3 is to promote gender equality and empower women. 

Some of us know that in September 2005 there will be a mid-term meeting for implementation of MDG and we are pretty sure that there will be a delegation from the government of Bangladesh and they have to produce a statement and might have to produce a report also as a member and as a signatory and ratified country of UN CEDAW.
my  question: How gender equality and the principle of non-discrimination will be implemented excluding the idea and concept of equal right, equal sharing of power, economic resource, property, equal effective representation in the highest policy making level. Keeping discriminatory fundamental policy in the national level, MDG will be a furs and paper declaration. Without being the actual and honest supporter of principles of equality, one cannot be a genuine implementer of goal like MDG. It will be only a furs paper matter. 

NWDP and Beijing platform for actions:

Beijing Declaration and Platform for Action adopted by the Fourth World Conference on Women: Action for Equality, Development and Peace, Beijing, 15 September 1995.It is very important to note here that ,if we see the Beijing platform for actions chapter IV[12],here reaffirm that without women equal right over the property in all sphere of live, it is not possible to the improvement of women. 

Conclusion:

From the above discussion, it is easy to understand on the basis of common sense that, from the very beginning of the human history women have been suppressed and oppressed in their own families as well as in the state level. Because of removing such oppression and suppression .States has to take some essential steps which are very relevant to ensure their rights. In this aspects, NWDP is one such steps which can ensure the right f women .But if we see the carefully NWDP, we can see the many confused word and there is no clear strategy to implement.

On the other hand, we can say if NWDP can not reflect the MDGs, Beijing Platform for Action, CEDAD, because we discussed above.  

Bibliography

 1. National women development policy 2011.

2. Constitution of People`s Republic of Bangladesh

3. The Millennium Development Goals (MDGs. Accessed on 16.06.2011, Available at  http://www.un.org/millenniumgoals/

4.Beijing Declaration and Platform for Action* Accessed on 16.06.2011. Available at  http://www.un.org/womenwatch/daw/beijing/platform/

5. Human Development Report For 2006. Accessed on14.06.2011. Available at  http://hdr.undp.org/en/reports/global/hdr2006/

7. Universal Declaration of human Right 1948

8. Convention on the Elimination of All Forms of Discrimination against Women 1989.

       

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[1] .Universal Declaration of human Right 1948,United Nations Information Center,Dhaka,Bangladesh,October 2003.

[2] Human Development Report For 2006. Accessed on14.06.2011. Available at  http://hdr.undp.org/en/reports/global/hdr2006/

[3] Tagore`s Gitangoly.

[4] Human Development Report For 2008. Accessed on14.06.2011. Available at  http://hdr.undp.org/en/reports/global/hdr2006/

[5] Bangladesh Bureau of Statististic Report 2009 

[6] Government labor force survey of 2003

[7] Constitution of People`s Republic of Bangladesh, Article 7(2)

[8] Constitution of People`s Republic of Bangladesh, Article 28(1),(2)

[9]National  women development policy 2011.Article , 23(1)(2),25(2.

10 Convention on the Elimination of All Forms of Discrimination against Women 1989.Article 2,16(c)

l

[11] The Millennium Development Goals (MDGs. Accessed on 16.06.2011, Available at  http://www.un.org/millenniumgoals/

[12] Beijing Declaration and Platform for Action* Accessed on 16.06.2011. Available at  http://www.un.org/womenwatch/daw/beijing/platform/.

Article 70 (1) Constitution of Bangladesh: Some observations.

Constitution of Bangladesh more or less is good constitution in the world no doubt. But some articles’ which are very controversial in that sense these are not coincide in the fabric of democracy.Our constitution itself proclaim that in article 11, The Republic shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person shall be guaranteed, and in which effective participation by the people through their elected representatives in administration at all levels shall be ensured


On the other hand, if we want to see the article 39,(1) Freedom or thought and conscience is guaranteed. Unfortunately it is very regret for us when we see the article 70(1) which states that, A person elected as a member of Parliament at an election at which he was nominated as a candidate by a political party shall vacate his seat if he resigns from that party or votes in Parliament against the party.
Explanation. - If a member of Parliament- (a) being present in Parliament abstains from voting, or (b) absents himself from any sitting of Parliament, ignoring the direction of the party which nominated him at the election as a candidate not to do so, he shall be deemed to have voted against that party.

What does it mean? We know in the parliamentary democracy, Parliament is the key place where debate takes place that means different opinions come from the Member of Parliament. They have right to oppose anything which may not serve the countries people interest. They have the right to abstain from voting when they want .If they do not maintain the 70(1) provision, shall vacant seat? If this so, it is not democracy.

But one thing is very important and this is my observation that, this article should be amended in such a way where member of parliament should have the right to oppose/support or abstain from voting any Bill except the impeachment situation and the Bill of Budget.

If we were the part of Pakistan: What would be happened?

At first, I want to gratitude those persons who sacrificed their lived to bring the independence in 1971 against the Pakistani brutal force. The situations which we have seen today in Pakistan, there is no need to describe. I think Pakistan is a totally funny state because they take money from United States to fight the terrorists at the same time they patronize the terrorist group. On the others hand, Pakistani people don’t want to see the United States presence in their country but they are very eager to go to United States.
It is hard to imagine Pakistani police or military did not know anything what was going on in Abotabad where not only Laden but his relatives are also living very comfortably .It is very interesting to see that after killing the Laden America announced that with the help Pakistani intelligence we killed Laden. But Pakistan denied this statement. Because of the fear of terrorist group .If this so, but why Pakistan has taken money from the United States?
We see, everyday bombing incidents has been happening in Pakistan. A few days ago a governor was killed by the hand of his own bodyguard .Bodyguard killed him because governor was trying to speak against the Blasphemy laws. How funny states it is!
Communal violence is a very common phenomenon in Pakistan .But if we see in Bangladesh; we are living in such a peaceful condition where everything is going on peacefully.
Pakistan can learn from Bangladesh many good examples. But one thing we have to learn from Pakistan, What happen to patronize the terrorists or extremist. Because some political party in our country always did in the past even now they try to patronize the extremist or terrorist group.
On the others hand, Real democracy is far cry to Pakistan. Although we see the democratic government but it is hard to imaging who operated the state, is it Military or prime minister.
Fortunately, we were separated in 1971 with a bloodshed war otherwise we are facing now trouble situation which as like as Pakistan`s people feces today. We are again grateful to those who sacrificed their life to bring the independence.

Killing of Osama Bin Laden: Situation of Pakistan

Osama Bin Laden has been killed by American force who was the leader of Al- quada.It has been said that Osama was the main culprit who was the responsible to 9/11 attacked. Immediately after the attacked, America announced “War on terror” or “Pre-emptive attacked” Which means that before attacking the enemy, Enemy must be killed by the American force. The main argument of “War on terror” is that to destroy the Osama and his terrorist group of Al quada.

In 2001, Taliban was in power in Afghanistan. It has been said by the America that Taliban was the responsible to shelter the Al quada.For this reason, Bush administration attacked the Taliban government and withdrawn them and to establish a puppet government. From that time, a lot of civilized population has been killed by American and NATO forces. But until may 2,2011 they did not find the Osama. If really Osama is died, we cannot say,Alkaida activities has stopped now. We know, we the died of leader, Ideology cannot be died. It seems to me the way they did the work in the past after the died of Osama their subversive activities are going on more rapidly. Because they are very much vindictive.


But the matter which is very important is that, Laden was found in such a fortified area where cantonment of Pakistan is very close from that area. The question which is automatically raise is that, Pakistan is a long ally of United States.With Pakistan,America wanted to fight the terrorists. That`s why, every year America provide Pakistan 1 billion dollar. The crux matter is that Laden has been killed in Abortobad which is very close to Pakistan`s cantonment.

Now Pakistan has faced multidimensional problems both inside and outside of the country. America believes that Pakistan is the “safe haven” to the terrorist and in this regard they shelter the laden. On the other hand,Al-kaida announces,Pakistan is the responsible to kill the Laden at the same time they warned the Pakistani government to revenge of Laden killing. But Pakistan denied both of the allegations. But it is hard to imaging military or intelligence force did not know anything what was going on? Another big question which automatically rise is that whether Pakistan sovereign or not. If sovereign, how America crossed the border without the permission of Pakistani government? Is it not the clear violation of Sovereignty?


Whatever the above situation, what patterns may be occurred the relationship between the America and Pakistan after killing the Laden in Pakistani soil .It seems to me that, America had little bit doubt about Pakistan, If this not why America without any prior information to the Pakistani army attacked the Laden cross the Geographical boundary of Pakistan .It is no doubt, America needs Pakistan to fight the Taliban because of geographical Location of Pakistan.

But at the same time, we cannot say that Pakistan is totally irresponsible to fight the terrorist. Until now 30 thousand people were died of Pakistan. But we can be said that some people who always tried to patronize the terrorist group, it may within the army or within the government. I think it is the nature of the Pakistan state. From my personal point of view it can be said that relationship between the Pakistan and the United states Still to be continue as it earlier.

If they truly want to destroy the terrorist activities, they have to take pragmatic steps without playing “Blame game “ which is very important to implement peace in this region. Following policy should be taken to establish peace.

 We know that, Pakistan have 1500000 military force. A big amountof money which is expensed to bear the military activities rather than general people. It has been said that, Pakistan has numbers of Madrassas which are the responsible to create extremists because the way learning presses is going on which is questionable. So education process should be changed dramatically.
 Modern educational institutions should be establish so that they can learn what should be done or not.

 Electrification Barrack and organize in such a way where they have no role in politics. The only work for them is to protect the sovereignty.
 Development process should be taken up at the bottom level. Trust building is very important to fight the terrorist so government has to do their activities in such a way where people seems that, yes government really keen to do something for them.


 should be expanding in a remote village.
 Infrastructural situation should be improved.
 The thing which is very important is that, military should be in

Educational Institution of Bangladesh and government failure.

In the last week, wrote about “Bangladesh collage of leather Engineering and technology (BCLET), Taking a hide,”by MH kawsar. It is totally unexpected and undesirable the way (BCLET) is going on.I want to thank MH kawsar who have done creative work which indicates that, Government unwillingness to do something regarding the (BCLET).It seems to me that ,This is something which is happening almost every educational institution in our country. It is such an example which indicates that where we are regarding the educational sectores.
According to the writer “ In 2009-2010 Bangladesh made $401.64 million export earnings from the leather sectors “.So it is easy to unders tant on the basis of common sense that how leather industry sectors contributes to our national economy?. BCLET is such an institution which provide quality students to improving the sectors .It is difficult question to answer, if this situation is to be continued the way writers presented his report how BCLET provide quality students. It seems to me that we are very unfortunate nation in that sense we are accustomed to do something which creates anarchic atmosphere .Not only this institutions, every government sectors are volatile situation now. The present incumbent government came into power in response to its offering “A Charter for Change “and “Digital Bangladesh” .But the way they are going on which is questionable. Yes, we see the change but negative change is happing. It also seems to me that ,they are going back to the “Analogue Bangladesh” .So my opinion in this aspect is that the present government has come to power with popular mandate .So there is no time to waste time .It is high to do something which indicates that ,yes we are going to be a “Digital Bangladesh

Constitution of Bangladesh: Violation at the top level

What we expected to see but what we see
What we expected to hear but what we hear
What we expected to think but what we think
What we expected to talk but what we talk
Not without reason, Constitution is the supreme law in state. Our constitution itself proclaim that in article 7(2) “This Constitution is, as the solemn expression of the will of the people, the supreme law Of the Republic, and if any other law is inconsistent with this Constitution and other law Shall, to the extent of the inconsistency, be void”. It is no doubt that, depending on the constitutional order all activities must be done at the same time all laws should be formulated to the consistency with the constitution. As citizens, we must maintain the rules and regulations which are incorporated in constitution. If we want to see the preamble of the constitution we see, “Affirming that it is our sacred duty to safeguard, protect and defend this Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh so that we may prosper in freedom and may make our full contribution towards international peace and co-operation in keeping with the progressive aspirations of mankind;”That means this article indicates that by any means State has the duty to safeguard, protect and defend this Constitution and maintain its supremacy so that we may prosper in freedom and may make our full contribution towards international peace and co-operation in keeping with the progressive aspirations of mankind. Not only that another article11 indicates that “The Republic shall be a democracy in which fundamental human rights and freedoms and Respect for the dignity and worth of the human person shall be guaranteed, and in which effective participation by the people through their elected representatives in administration at all levels shall be ensured”. But what we see in the top level of government, when they violate the rules and regulations where the general people will go? Now I will discuss what constitution has said and what government does.


First, if we see the article 145A. “All treaties with foreign countries shall be submitted to the President, who shall cause them to be laid before Parliament: Provided that any such treaty connected with national security shall be laid in a secret session of Parliament “We know from somewhere that Bangladesh government and Indian government involve some agreements and treaties but none of the treaties and agreements have yet been placed in parliament, is it not the violation our constitution?

Second, we know we have a article 77 of constitution tells that (1) Parliament may, by law, provide for the establishment of the office of Ombudsman.(2) The Ombudsman shall exercise such powers and perform such functions as Parliament may, by law, determine, including the power to investigate any action taken by a Ministry, a public officer or a statutory public authority. (3) The Ombudsman shall prepare an annual report concerning the discharge of his functions, and such report shall be laid before Parliament”. But is a very regret that No one government did not take any initiative since the independence except in 1980 parliament has passed a provision but it was yet light into force. Now automatically raise questions that, if we do not do anything regarding this article 77 but why we incorporated it in our constitution.


Third, if we see the article 49 “The President shall have power to grant pardons, reprieves and respites and to remit, suspend or commute any sentence passed by any court, tribunal or other authority”. It is very important to note here that the term which we see in the article 49 “any sentence passed by any court, tribunal or other authority “it means that after finishing their trial not before trial. But what we see a few months ago somebody has been released without finishing their trial. How can the president pardon a prime murder accused or suspect whose trial has not been commenced or finished yet.


Forth, if we see the article 30 “, No citizen shall, without the prior approval of the President, accept any title, honor, award or decoration from any foreign state”. It is very relevant to not here, our prime minister and others prominent persons got very valuable award in outside the country. But we did not see any news about the prior approval of the president.


Fifth, if we see the article 36. Subject to any reasonable restrictions imposed by law in the public interest, every citizen shall have the right to move freely throughout Bangladesh, to reside and settle in any place Therein and to leave and re-enter Bangladesh”. But who will define what public interest is? Because of such loopholes this article has been used politically.


Sixth, another article31 which is very important to safeguard people rights “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 of every other person for the time being within Bangladesh, 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”. But what we see in few days ago, when family of Limon hossian went to the police station to file the case against RAB than police refused to file the case. This is the single example. This is something which is happening almost everywhere in our country.


Seventh, if we see the article 25(1)(b) uphold the right of every people freely to determine and build up its own social, economic and political system by ways and means of its own free choice; and support oppressed peoples throughout the world waging a just struggle against imperialism, colonialism or racialism. But if we analysis the history we have to see that government cannot do anything which is against their interest. We know that Iraqi people, South Vietnam, Kosovo, Syria people were struggling against the oppressive and suppressive. But Bangladesh was always remaining silent in this regard.


Eight, if we see the article 17(a)”The State shall adopt effective measures for the purpose of - (a) establishing a uniform, mass-oriented and universal system of education and extending free and compulsory education to all children to such stage as may be determined by law “But what we see in our country is totally different picture.



Ninth, if we want t see article 22 of our constitution “The State shall ensure the separation of the judiciary from the executive organs of the State.”It is very important to understand that, since after the independence on one political party did not take any initiative to separate the judiciary from the executive organs of the state. Although 2007 formally judicial system has been separated but the way it has been going on, we cannot say judicial system are totally independent from the executive organs of the states. Because we know that, according to the article 95 (1) “The Chief Justice and other Judges shall be appointed by the President.”The point here is that, as we know according to the 48(1) “there shall be a President of Bangladesh who shall be elected by members of Parliament in accordance with law.”So it is easy to understand on the basis of common sense, how president will work. So it has the possibility to appoint the judges politically.

Tenth, if we want see the article 23 “The State shall adopt measures to conserve the cultural traditions and heritage of the people, and so to foster and improve the national language, literature and the arts that all sections of the people are afforded the opportunity to contribute towards and to participate in the enrichment of the national culture.”But it is remain only n paper, but practical picture is very different. We know that CHT is such an area where indigenous people are living in their own way. They have a distinct culture, language, religious .But we know our constitution has failed to recognized them. On the other hand if we want to see article 2(A). “The state religion of the Republic is Islam, but other religions may be practiced in peace and harmony in the Republic” This is good sign. Unfortunately, if we want to see the article 3. “The state language of the Republic is Bangla.”Here very important point is that, “Other language should be used in everywhere in our country” should be added in our constitution.


From the above discussion we can say, the situation which is prevailing in our country is not acceptable at all. So we should be very careful to maintain the constitutional order otherwise we have to face disastrous condition.