Detail

Rationale for rating

Assigned DPO: CBDCPO (Community Based Disability and Child Protection Organization)

Data

1) Not withstanding anything which may be brought to the notice of the applicant, the applicant shall not be liable for any offense which may be incurred by the employer or the applicant in any case. May do it, understand it, do it.

2) Notwithstanding the provisions of this Act, any person shall be liable to the authority of any person who is not a party to the case, and shall not be liable to the authority of any person who is not a party to the case. It is important to note that this is not a bad thing at all.

Source of Data

Rights and Protection Act for Persons with disabilities 2013.
Ministry of Social Welfare (Page-26. Clause : 35.1, 36.1,2)

Link: http://www.dss.gov.bd/site/view/law/

Rationale for rating

Assigned DPO: WDDF

1. Some people with Disabilities are getting job in RMG sector through the advocacy initiatives by DPOs and NGOs

2. Some people with Disabilities are getting job in RMG sector through the advocacy initiatives by DPOs and NGOs But still there is myth that people with disabilities are not come in job as they have low capability specially discrimination faced by girls and women and hearing impaired and visual persons.

3. Opinion: but there are nothing about reasonable accommodation, Worker with disabilities recruitment and after disability incident Benefit.

4. special provision for the disabled women depending on the type of disabilities ensuring free mobility arrangement of assistive devices special arrangement of healthcare creating congenial disability friendly working environment (Reasonable accommodation) relaxation of daily & weekly working hours, interval time for rest, avoiding night shift provision of working at home Provision for insurance special provisions for the disabled in the service rules of the industry/enterprise.

5. Skills development depends on many different actors, including the private sector, non-forprofit actors, NGOs and civil society; as well as the large number of government ministries delivering skills based education and training. Consequently, the Skills Development Policy for Bangladesh is a major initiative to improve the coordination and delivery of skills in Bangladesh for the betterment of the nation as a whole. This policy also extends and builds on other major government policies such as the Education Policy of 2009, the Non-Formal Education Policy of 2006, the Youth Policy of 2003, the National Training Policy of 2008 and the NSDC Action Plan of 2008

Access to education, training and lifelong learning will be promoted for people with nationally identified specific needs, such as youth, women, low-skilled people, people with disabilities, migrants and internally displaced people, older workers, indigenous people, ethnic minority groups and the socially excluded; and for workers in small and medium-sized enterprises, the informal economy, in the rural sector and in self-employment.

6. Speaking to bdnews24.com, Social Welfare Minister Rashed Khan Menon said the quota for people with disabilities cannot be abolished without changing the Persons with Disabilities Rights and Protection Act. “It will be contradictory to the Act if the quota is scrapped before amendments are made to the law,” he said. 'The quota is as it was before' The quota for disabled people in government job recruitment remains unchanged, Cabinet Secretary Mohammad Shafiul Alam said.

Shafiul Alam made the remark following the first meeting of the new cabinet at the Prime Minister’s Office. “The law on the quota system is yet to be changed. Our administrative orders cannot supersede the law,” the cabinet secretary said in response to a reporter’s question after the meeting.

7. Quota is implemented/Some how there are also gap to proper implementation

8. Employment Laws and policies are inclusive of people with disabilities (Art 27)

Data

1. Discharge from service. A worker may be discharged from service for reasons of physical or mental incapacity or continued ill-health certified by a registered medical practitioner. (2) If a discharged worker completes not less than one year of continuous service he shall be paid by the employer, as compensation, 30 (thirty) days’ wages for his every year of service, or gratuity, if payable, whichever is higher.

2. The replacement of Article 44 of Act 42 of 2006. -Section 44 of the Law Instead, Article 44 will be replaced, as: "44. Restrictions on hiring disabled workers in some cases. — No disabled Workers will be employed for hazardous equipment or risky work No. "

3. Replacement of section 93 of Act No. 42 of 2006. ধ Section 93 of the said Act Instead, the following section 93 will be substituted, namely: - “93. Dining room, etc. 6 (1) Usually more than 25 (twenty five) workers Employees of every such organization are employed with them Drink for the food you bring and rest Arrangement of required number of suitable dining rooms including water supply and Maintenance Must be Provided, however, that any canteen reserved under section 92 is subject to this sub-section Will be considered part of any necessary arrangements: There are more conditions that there is a dining room in the organization Workers cannot sit in his office and eat any food. (2) The dining room is adequately illuminated and clean and well ventilated It should be maintained at a tolerable temperature.

4. Access to employment of PWDs and relaxation of conditions of employment (age. qualification, quota for the persons with disability etc) focusing on work capacity rather than incapacity provision of non-discrimination establishing a social alliance between public and private sectors provision of continuous guidance, counseling and training reasonable accommodation in the employers training institution taking initiative for building capacity of the existing training institution establishing and managing new training institution with govt. assistance under PPP in line with NSDP.

Relaxation of period of probation provision of probation/apprenticeship special leave procedure for the disabled (introduction of disability leave) priority to death benefit payment relaxation of retirement age.

Priority to reemployment of retrenched workers restriction on termination of the disabled workers identifying the works on the basis of types of disabilities. Relaxation of working hours depending on the type of disabilities ensuring occupational safety and security of the disabled.

5. In June 2009, a National Skills Policy Consultative Committee (NPC) was established to oversee development of the draft policy. It included representatives from a wide range of government agencies involved in TVET and skills training, employer and worker organisations and private training providers and NGOs. The NPC met five times over a six month period to review and comment on various drafts of the policy.

6. The parliamentary standing committee on social welfare has suggested reserving 1 percent quota in government jobs for the people with disabilities in line with the related law.

Besides other quotas in government jobs, there is a 1 percent quota for the people with disabilities.

“The committee recommended the ministry keep taking effective steps to preserve the 1 percent quota that reflects facilities mentioned in the disabilities act,” the Parliament Secretariat said in a press release.

7. There are 10 % quota for people with disabilities in 3rd and 4th class job.

8. This clause describe Persons with Disabilities has rights to involve with job as per their requirement, if any one lost job due to after having disability has rights to get incentive from the employer.

Source of Data

1. THE BANGLADESH LABOUR ACT, 2006 ACT NO. XLII OF 2006
Page five, 7907, Website of Ministry of Labor and Employment
Ministry of Labor and Employment.

2. THE BANGLADESH LABOUR ACT, 2018 ACT NO. 58 XLII OF 2018
Page 14921, Amended Act 2006, Website of Ministry of Labor and Employment, Ministry of Labor and Employment

3. Law No. 58 of 2018, Amendments to the Bangladesh Labor Act, 2006, Page five 7907, Website of Ministry of Labor and Employment, Ministry of Labor and Employment

4. Amending the Bangladesh Labor Act, 2006 for inclusion of the persons with disabilities, Website of Ministry of Labor and Employment
Ministry of Labor and Employment , Key Responsible Party – Ministry of Lebor and Employment, Associate Responsible Party-MOPA, MSW, L&PAD, MOE, NSDC

5. NATIONAL SKILLS DEVELOPMENT POLICY – 2011, Page 7, 12
Website, Ministry of Education

6. Lawyers Panel suggests 1% quota for disabled people in government jobs: https://www.dhakatribune.com/bangladesh/government-affairs/2019/01/21/cabinet-secretary-quota-for-disabled-people-in-govt-jobs-unchanged, Cabinet Division, Ministry of Public Administration
Ministry of Social Welfare

7. Job quota in 3rd and 4th class job,Website/Circular, Ministry of Public Administration

8. Persons with disabilities rights And protection Act 201, Article 16, Page five, 9 October 2013,Website, Department of social Service, Ministry of Social Welfare, Government

Rationale for rating

Assigned DPO: NGDO (National Grassroots Disabilities Organization)

Under National Employment strategy there is no such issue. But in social safety net schemes it exists.

Data

1. This clause describe Persons with Disabilities has rights to involve with govt’ job as per their qualification.

2. Instead of having competencies of doing work, person with disability has not job only for their disability is a punishable crime. Each and every PWD has right to involve with income generating work like other people. But at this clause there is no mansion which and how they get the job.

3. Appoint person with disability in the labor work. This clause describes that Person with disability have the right to do work in different labor intensive work. But they are not using any kind of risky.

4. Appoint young (above 18 to Below 25) Person with disability as a labor, In case of young labor whose are person with disability, they are not work at dangerous industries as well as risky machineries.

Source of Data

1. Online-Bangladesh Disability welfare Act 2001 – schedule 2(b);6(ii).
Persons with Disability welfare Act- 2001, Page: 13, part-F (schedule 2(b), 6(ii), Published date: 9 April, 2001. Published by- Social Welfare Department.

2. Online- ILO website, Rights Protection Act 2013 (Page-23, section-13(1)

3. Bangladesh Gazette, Amendment of section-42, 2006 of Bangladesh Gadget, additional, Date: November 14, 2018, Published Form: Website, Bangladesh Labour Law

4. Bangladesh Labour law 2006, Section-44 amendment of Section-7. Date: 11 October, 2006. Published Form: website, Bangladesh Labour Law.

Rationale for rating

Assigned DPO: NGDO (National Grassroots Disabilities Organization)

Some policies, laws have mentioned this issue but poor in implementation.

Data

1. This clause described that All the building and infrastructure should be accessible for person with disability but there is not any mansion for all kind of disability.

2. This clause describes that from the parking spot of every building to lift of that building has to be a tactile, signage lighting etc universal accessibility standard should be followed.

3. All the building, hotel, hospital, education and commercial building which is more than 100 square kilometer area that building should be maintain the universal accessibility standard.

4. Every commercial building of Bangladesh has to exist a accessible toilet 5% in proportion of all the normal toilets. According to the prime minister of Bangladesh.

5. This clause described every accessible measurement for person with disability that should be maintain by the commercial and every institution.

Source of Data

1. Rights & protection Act 2013. Published Form: Ministry of social welfare, Bangladesh law, Reference: section 34(1) Date: 9 October, 2013

2. Bangladesh Gazette on Dhaka Megacity Building Code-2008. Published from: Ministry rehabilitation, Reference: section 64 (A), Date: May 29, 2008 , Page:60

3. Bangladesh Gazette on Dhaka Megacity Building Code-2008. Dhaka megacity building code 2008
Published from: Ministry rehabilitation
Reference: section 64 (A) Date: May 29, 2008 , Page:60

4. Bangladesh Gazette on Dhaka Megacity Building Code-2008. Dhaka megacity building code 2008, Published from: Ministry rehabilitation
Reference: section 64 (A), Date: May 29, 2008, Page:60

5. Bangladesh Gadget on Dhaka Megacity Building Code-2008. Dhaka megacity building code 2008
Published from: Ministry rehabilitation
Reference: section: 64, Date: May 29, 2008. Page: 68

Rationale for rating

Assigned DPO: Disabled Child Foundation (DCF)

Reasonable accommodation is not available for persons with disabilities in Bangladesh. ICT division and some training institution have taken step who are illiterate have a disability or low education levels, provided they demonstrate the skill to the required level but this is not enough for persons with disabilities. There are no alternative option who have left school before completing Grade 8 of general education, and because of this, are not able to enroll in formal skills programs. Govt. and non government cannot being ensure equal access for persons with disabilities in technical, vocational and tertiary education, including university.

Data

1. Reasonable accommodation” means to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms. (Under Section 2(16) of the 2013 Act in the light of Article 2 of the UNCRPD).

2. Reasonable accommodation will be made to cater for those who are illiterate have a disability or low education levels, provided they demonstrate the skill to the required level. (Under article 13 (2)g NSDP 2011)

3. Many citizens have left school before completing Grade 8 of general education, and because of this, are not able to enroll in formal skills program.

4. Reasonable accommodation will be made in delivery and assessment for those who have a disability to provide the opportunity for them to acquire the skills and perform at the required level
(Under article 14 (6)e NSDP 2011)

5. To take measures to adapt the textbook to all students with disabilities.

Source of Data

1. Persons with Disabilities Rights and Protection Act 2013
Page No:10 (http://bdlaws.minlaw.gov.bd/act-1126.html)

2. National Skill Development Policy – 2011.
Page No: 38 (https://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/---ilo-dhaka/documents/publication/wcms_113958.pdf)

3. National Skill Development Policy – 2011
Page No: 38 (https://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/---ilo-dhaka/documents/publication/wcms_113958.pdf)

4. National Skill Development Policy – 2011
Page No: 41 (https://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/---ilo-dhaka/documents/publication/wcms_113958.pdf)

5. National Action Plan on Disability

Rationale for rating

Assigned DPO: DCF (Disabled Child Foundation)

Findings: An overall target of 5% of enrollments for people with disabilities across all skill development programs under article 14.6 (f))

Findings: Employment at Government and Non-Government Organizations by proper training under article 16 (1) RPPD act 2013

Findings: Employment at Government and Non-Government Organizations by proper training under article 16 (1) RPPD act 2013.

Data

Findings: Employment at Government and Non-Government Organizations by proper training.
under article 16 (1) RPPD act 2013

Persons with Disabilities Rights and Protection Act 2013
Page No:10
http://bdlaws.minlaw.gov.bd/act-1126.html

Source of Data

Persons with Disabilities Rights and Protection Act 2013
Page No:10 (http://bdlaws.minlaw.gov.bd/act-1126.html)

National Skills Development Policy
Page No:41 (https://www.skillsforemployment.org/KSP/en/Details/?dn=FM11G_021629)

Persons with Disabilities Rights and Protection Act 2013
Page No:10
http://bdlaws.minlaw.gov.bd/act-1126.html

Rationale for rating

Assigned DPO: BDDT (Bangladesh Disabled Development Trust)

Social Welfare Ministry provides loan under a project where persons with disabilities are given opportunities.

Data

1. Access to education, training and lifelong learning will be promoted for people with nationally identified specific needs, such as youth, women, low-skilled people, people with disabilities, migrants and internally displaced people, older workers, indigenous people, ethnic minority groups and the socially excluded; and for workers in small and medium sized enterprises, the informal economy, in the rural sector and in self-employment.

Improve access to skills development for various groups of citizens including women and people with disabilities, encourage participation in skills development by industry organisations, employers and workers and improve skills acquisition in communities; and

2. Part-C: Action Plan of Thematic Clusters, Social Allowance Cluster:30.1, Page 123

Objective: The NSSS objective for the cluster is to ensure social security of the different vulnerable section of population, especially children, vulnerable women, old age and people with disability by means of social allowance. In addition, this cluster will oversee how the various life cycle programmes can work as an integrated system, allowing vulnerable people access to benefits across the lifecycle. The cluster will have a dialogue with other clusters, for instance Human Development on referring social allowance recipients to skills training and Labour/Livelihoods for subsequent employment.

3. Employment Generation: Employment Generation for Hardcore Poor (EGHP)

Employment: The ‘formal’ sector employment, which is normally associated with a degree of job protection and social security, is very small. Formal sector employment is largely confined to the public sector and large enterprises. While there are statutes and labour codes governing social security benefits, for example, pension cover, employment injury, disability and maternity, etc., their implementations vary enormously across establishments. For the ‘informal’ sector, there are various programmes, of varying scale and coverage, both within the framework of government budget and NGO support.

There exists a large number of SSNPs that target the poor’s income and employment entitlements. These are non-contributory schemes financed largely through public expenditure, although there are significant complementary contributions from NGOs, only a few of which have any pervasive presence. BRAC is a case in point.

Examples of such SSNPs include: (i) cash and/or kind transfers to targeted poor, largely with conditionalities on education and health; (ii) wage-based labour-intensive public works programmes; (iii) vulnerable group feeding (VGF) and school feeding programmes, mother and child supplementary programmes; (iv) price subsidies on food or energy, etc.

4. FGDs conducted by NGDO, NCDW and BLAST reflect the following:

•Employees with disabilities commonly face bullying, harassment and mis-behavior at work and tend to get paid less than others, particularly in manual or field based jobs.

• Certain jobs which have advanced educational eligibility requirements often have quotas for persons with disabilities. However, persons with disabilities applying for such jobs may not be offered the position even when they meet the criteria.

• Most factories and offices are physically inaccessible to persons with disabilities.

• Workers who become disabled due to workplace injuries are rarely rehabilitated or provided training adapted to their needs. The compensation package offered under the Labour Act 2006 for workplace injuries is inadequate to cover the actual medical or maintenance costs of dependents.

5. Entrepreneurship is not easy for persons with disabilities as banks, especially those run by the state, refuse to open accounts for persons with visual impairments. Furthermore, persons with disabilities entitled to receive loans of 5,00,000 taka from SME Foundation on account of being eligible to start small businesses, hardly receive such loans.

6. Grants from the National Foundation for Disability Development to organisations working for persons with disabilities are insufficient and irregular. Loans for persons with disabilities from the Directorate of Social Services are very small in amount and inadequate for a start-up.

Source of Data

1. National Skill Development Policy 2011
(https://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/---ilo-dhaka/documents/publication/wcms_113958.pdf)

2. Action Plan on Implementation of National Social Security Strategy (NSSS) of Bangladesh: 2016-21
(https://cabinet.portal.gov.bd/sites/default/files/files/cabinet.portal.gov.bd/page/6ad00da9_924b_455a_b0e4_c75a960b0808/Action-Plan-of-NSSS.pdf)

3. CPD Working, Paper 117: Towards A Social Protection Strategy For Bangladesh , August 2018.
(https://cpd.org.bd/wp-content/uploads/2018/08/Working-Paper-117-Towards-a-Social-Protection-Strategy-for-Bangladesh.pdf)

4. Alternative Report on the Status of Implementation of the Convention on the Rights of Persons with Disabilities in Bangladesh

5. Alternative Report on the Status of Implementation of the Convention on the Rights of Persons with Disabilities in Bangladesh, page: 35

6. Alternative Report on the Status of Implementation of the Convention on the Rights of Persons with Disabilities in Bangladesh

Rationale for rating

Assigned DPO: B-SCAN (Bangladesh Society for the Change and Advocacy Nexus)

There is no any coordination among ministries, departments and divisions on this issue. Even in the UNCRPD Implementation and Monitoring Committee and the Committees under Disability Rights Act, 2013 this issue doesn’t discussed.

Rationale for rating

Assigned DPO: AUDC (Alliance of Urban DPOs Chittagong)

There are some other marginalized groups which include indigenous, jajabor, bede, displaced, who are not considered in work and employment.