Last month 2005 accidentally BMP knows that Women Development Policy (WDP) 1997 has been changed and we get a news regarding the publication of changed WDP in May 2004. In this connection BMP like to inform you that in the history of independent Bangladesh the Nation first time get one WDP, which was declared by the previous government on 8 March 1997. In that policy there was a reflection of demand, recommendations of women's movement during the last one decade and also the reflection of the program and recommendation on gender equality of the global conferences, which was organized by UN during the whole decade such as:
· Reo Earth Summit- 1992
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Vienna Human Rights Conference and Plan of Action- 1993
Vienna Declaration & Plan of Action were world women got the slogans: 'Women's Rights are Human Rights'. 'Violence against Women is Violence against Humanity'.
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International Conference of Population & Development, Cairo- 1994, which made details rational of the importance of women's reproductive rights & development issues and made links with reproductive right and human right of women.
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4th World Conference on Women- 1995, which locate 12 areas of concern for women's empowerment and taken program and Plan of Action.
All these conferences talked about Women's Human Rights, took concrete plan of action for promoting and protecting women's human rights all over the world. All these conferences had a global impact and indirect pressure on the member states.
We found in WDP '97 the impact of national women's movement and the positive reflection of all these conferences recommendations and programs. That's why this WDP was welcomed by BMP and also by women's movement of Bangladesh.This document includes progressive policy and programs, which upholds women's human rights and promote and protect women's human rights in Bangladesh. So BMP and other WHR organizations, NGOs and also members of civil society irrespective of any political affiliation welcomed it. In the bi-annual meetings organized by South Asia UNIFEM our Govt. also reported on the basis of the WDP'97 and it was also appreciated by the South Asian UNIFEM and ESCAP.
Very briefly let us check what was in that WDP:
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We found a fair reflection of the ideas and thinking of Begum Rokeya, the pioneer of women's movement in this subcontinent about the concept of equality.
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There was also recognition of role of women's movement, the role of general mass women, their struggle during British period, in the language movement 1952, mass upsurge in 1969 and in the liberation war of independence in 1971.
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It also highlighted the role of women's organizations, women's movement and its positive role in building newly liberated country, building democracy and many other developments issues. This is very relevant to tell that the struggle for establishing women's human rights is not possible by declaring one policy in one fine morning. It needs a relentless and continuous follow up effort.
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The WDP of 1997 had a strong link with the principles and spirit of the Constitution of 1972. It was also in the light of the ideas of UN Declarations like UNCEDAW. The policy is also a reflection of UN sponsored conferences during the whole decade like 1975 International Women's Year, 1976-1985 Women's decades (on the idea of equality, development & peace), and world events like Vienna, Cairo, Beijing. Carrying the torch of those conference recommendations WDP '97 followed by the government with some important institutional measures. Like the development of National Plan of Action (NAP), NWDC etc. All the efforts were very positive for women's empowerment.
What has been changed:
The background and rational of the development of such policy has been omitted and Page 3-10 has been excluded.
In WDP '97 Page 14, Clause 7, Sub-clause 2, there was about economic policy (commerce, monitory, tax etc.) there was the principles of equality and women's equal rights and to ensure women's human rights in all these policies. In formulating and implementing economic policy there was equality.
But unfortunately in the newly published in WDP '04, Page 10, Clause 7, Sub-clause 2, there was basic and fundamental change the equal right of women has been replaced by the sentence women's right as described in the constitution.
Our point is: the concept of equality should not be or can not be replaced by the word "Constitution Implied Right". Our point is the world equal right should not be replaced in such a way and this replacement is a basic fundamental change in a negative direction. It is a complete departure from the principles of equality and the concept of gender equality.
In the movement, to promote and protect women's human rights and to establish de-facto equality, the concept of equal right is most essential than constitutional implied rights. It may create confusion. Because these exclusion creates an opportunity for avoiding the concept of gender equality by any government, policy makers or related institutions.
q In WDP '97, Page 14, Clause 7, Sub-clause 5, there was the concept of equal sharing of economic power, right and opportunity. This is also has been changed.
But all of us know the concept of equal sharing has been reflected very strongly in all the global documents (CEDAW, BPFA), even in MDG.
In WDP '97, Page 15, Clause 7.2; there was policy of equal inheritance in resource, property, information, education and equal opportunity and control over them has been changed in the new policy.
In WDP '04, Page 11, Clause 7.2, the word equal inheritance has been omitted. This exclusion of this very word "Inheritance" is a direct denial of the principles of gender equality. Because all of us know de-facto equality can not 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 can not be achieved without this right.
From our practical experience of long year's activism, BMP and Women's Movement of Bangladesh strongly stands for this rights and fighting for the implementation of principle of non-discrimination. That's why BMP developed a proposal for Uniform Family Code (UFC). The program of UFC calls for equality between women and men in the case of marriage, divorce, and guardianship and in inheritance of property and resource.
In WDP '97, Page 16, Clause 8, Sub-clause 6, 7, 8; there was the provision for direct election in the reserved seats and also to increase the number of those reserved seats and also same in the local government. Provision for including more women in the cabinet also.
But unfortunately in the newly published WDP '04, Page 13, Clause 8, Sub-clause 5, 6, 7; there was again a fundamental change, no mentioning of direct election rather the policy of introducing direct election has been replaced by the word all necessary effective arrangement will be follow in the reserved seats by increasing those reserved seats.
Exclusion of the principles of direct election in the reserved seats is a fundamental departure from the previous policy.
One of the main strength of the previous policy was acceptance of the demand and recommendations of the women's movement. Because women's movement continuously demanding for taking action and programs and action for implementing effective representation of women representatives in the highest policy making body i.e. in the National Parliament. And also it was an election pledge of both the parties. They refused their own election pledges, which they declared in the manifesto before the election. This is a kind of breach of commitment given to the nation, specially to the women.
It is a highly discussed issue in the women's movement, our demand is very clear and concrete. Our demand is to increase the women's reserve seats of the Parliament and to make it one-third of the total number in the Parliament for two or three terms and introduce direct election in those reserved seats. This step will be an affirmative action by the government and it will follow the principles of non-discrimination.
But unfortunately we found with utter surprise that the newly published WDP '04 has changed the word direct election very cleverly. In this connection we like to tell few words more all of us know that the government has declared a new Bill which include 45 members but unfortunately not direct election where women will be elected by winning political parties in the Parliament and there will be a proportional division. Women members will be distributed among the members of the winning political parties in the Parliament. It is undemocratic disgraceful, and below dignity. Women movement is in the street for a long time to change this undemocratic undignified policy. Two writ petitions have been filed in the High Court Division against this Bill. And the whole issue is under trial.
In WDP '97 Page 17, clause 9, sub clause 7 -
There was the policy of inclusion of 30% as declared by UN Conventions, Declarations organized during the decade to include this policy in all national policies and to implement it. That very policy was included in the declared WDP '97.
But unfortunately, again in WDP'04 Page-13, Clause 9, Sub-clause 6 -
The principle of 30% has been omitted and replaced the idea by the word 'introducing quota accordingly'. New provision will make women representative more dependent on the wish and sweet will of the party in power, which is very undemocratic.
In 1995 in the 4th world conference of women, where 189 member countries of the world attended and representative of Bangladesh were also present. There was a global consensus for following the principles of 30%employment policy in all stages of admin tier. So it is a direct violation of global consensus. If there is no clear and concrete expression of the exact percentage (%) in the written policy, then there will be a space for any Govt. to follow different principles and any Govt. may take this kind of legal advantage. The women's movement of Bangladesh has a very unfortunate experience with the political will of the Govt. regarding women's empowerment issues, gender equality.
Inspite of the strong, courageous, challenging role playing by the general mass women of Bangladesh, in the Parliament and other decision making level, the percentages of women representatives is still very low and insignificant. One of the root causes of this negative scenario is the lack of the 'political will' of the governments. The basic changes what has been taken in the newly published WDP is not mere structural changed rather these changes are very fundamental in nature. That's why BMP found it an attempt of fundamental departure from the concept of gender equality and principles of non-discrimination.
Women's empowerment and to protect & promote women's human rights in Bangladesh can not kept silent when government is declaring a policy which seriously lacs the principles of gender equality. Government has taken a hide and seek policy in changing the Women's Development Policy '97.
In this connection BMP likes to mention that in June-July 2004, in the 31st CEDAW Session the government had placed the 5th Periodical Report. In that report GOB reported on the basis of WDP 1997 and also in the Beijing+10 Global Review, High Level Roundtable of the 49th Session of Commission on the Status of Women of the United Nations; held from 28 February-11 March 2005; Bangladesh Country Paper; Ministry of Women & Children Affairs; Government of the People's Republic of Bangladesh; Dhaka, Bangladesh; February 2005 Page 20, Clause 6.7.2 'Women & Power base', government confirmed the idea of direct election in the reserved seats in the Parliament. Even in the 49th Session of CSW meeting in 2005 in New York government did not declare the information regarding the newly adopted WDP. So legitimate question arise who changed? How it has been changed? Women's movement has the right to know it.
It is clearly found that without discussing in the related parliamentary committee, without any discussion in the cabinet, without any reference in the Parliament session, even without any kind of discussion with women's organization, NGO's one important policy has been changed which is not desirable and acceptable.
The very process followed in developing or changing WDP '04 indicates us an experience of the process how the democratic and other parliamentary process is working. It is not following democratic procedure, principles and culture, as there was no sharing with the women's organization and women's movement. The whole experience is not only unfortunate but undemocratic. Being informed regarding the newly published WDP '04, BMP expressed its spontaneous reaction. BMP responded very quickly by organizing a press conference on 26.4.2004 and again sent a memorandum to the Ministry of Women & Children Affairs (MOWCA) on 25.4.2004. BMP as the secretariat of Social Action Committee consisting of 30 organizations, took the initiative to further organized a press conference on 12.5.2005. BMP raised this issue in the 5th South Asia Regional Ministerial Conference "Celebrating Beijing+10" held in Islamabad during 3-5 May 2005, but very surprising government representatives kept silent and secretaries informed that they don't have any information. There is an important institution National Council for Women Development (NCWD), which is considered as a step for promoting women's empowerment. Question raised to some of the important and influential members of that council. Their answer was negative.
So, our question: Who knows? How it changed? How the policies are changing and taking? BMP yet did not receive any response from government about the memorandum, sent to the Minister of MOWCA on 25.4.2004.
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:
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Eradicate extreme poverty and hunger for developing global partnership for development.
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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.
Our 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 can not be a genuine implementer of goal like MDG. It will be only a furs paper matter.
Our demand: Immediately withdraw the newly changed WDP '04 and to reintroduce WDP '97. This is the demand of BMP and the demand of women's human rights movement of Bangladesh.
Thank you all.
Ayesha Khanam
General Secretary
Central Committee
Bangladesh Mahila Parishad
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