Recent rulings from Bangladesh's highest court have sparked discussions on quotas for marginalized groups in government employment. The Appellate Division of the Supreme Court reinstated quotas, suggesting 5% for children of freedom fighters, martyred freedom fighters, and Birangonas, 1% for ethnic minorities, and 1% for individuals with disabilities and the third gender. While not legally binding, it influences government policies which is echoed in the official gazette by the Ministry of Public Administration, marking a crucial juncture in the nation's stance on fairness in public sector recruitment.
Quota reform and implications
Bangladesh reformed its public sector quota system, previously distributing 56%, including 30% for freedom fighters' descendants, 10% for underdeveloped districts, 5% for national minorities, 10% for women, and 1% for individuals with disabilities. Recent revisions significantly reduced this to 7%, excluding women and various marginalized communities, raising apprehensions among these groups. Uncertainty surrounds the 5% quota for children of freedom fighters and Birangonas. With the current age limit for government job exams set at 32 for children of freedom fighters, and over 52 years having elapsed since the Liberation War, potentially only a small number of freedom fighters and Birangonas may have children who meet the age requirements for government employment.
Constitutional safeguards and international commitments
Bangladesh's Constitution serves as a stronghold for upholding fairness and equal opportunities, including for marginalized communities. Article 28 (4) allows the government to promote women, children, and disadvantaged groups through specific measures. Similarly, Article 29 (3) (a) allows for reservations in public service roles to ensure ample representation of the backward section of the citizens, solidifying the Constitution as a shield for inclusive quotas aimed at socio-economic empowerment. Moreover, international agreements, to which Bangladesh is a party, also mandate states to implement special measures for particular groups or to enact measures for the fulfilment of economic and social rights, as well as civil and political rights.
Article 1(4) of the International Convention on the Elimination of All Forms of Racial Discrimination allows for temporary special measures to advance human rights of racial or ethnic groups without constituting discrimination, as long as they do not perpetuate separate rights and are discontinued once their objectives are met. Article 4(1) of the Convention on the Elimination of All Forms of Discrimination Against Women requires states to take temporary special measures to accelerate de facto equality between men and women. Article 5(4) of the Convention on the Rights of Persons with Disabilities allows specific measures to promote equality for persons with disabilities without being classified as discrimination. The International Covenant on Economic, Social and Cultural Rights mandates states to progressively realize rights with available resources, while the International Covenant on Civil and Political Rights expects states to ensure effective realisation of rights for all individuals within their jurisdiction.
Physical disability and transgender quota
The combination of 1% quota for physical disability and the third gender raises concerns, potentially neglecting the unique needs of these marginalized groups. It overlooks individuals with different disabilities, including neurodiverse conditions, speech, visual, hearing impairments, and others as per the Rights and Protection of Persons with Disabilities Act 2013. Implementing job quotas for all categories of differently abled individuals in the public sector could promote societal inclusivity.
The inclusion of the third gender into the quota system represents a positive step towards acknowledging their rights. However, the lack of precision on who qualifies as third gender individuals also creates a competition among potential beneficiaries. Historical oppression and limited opportunities have hindered unity and collective advancement within the community. The court and policymakers had the opportunity to propose a dedicated quota, for the gender diverse community in Bangladesh recognising the familial rejection most of them face from a young age, enduring systematic oppression and discrimination. This would not only ensure a step towards equity but also help reduce any animosity within and towards the community.
This is particularly pressing due to the recent surge in misinformation and hate speech targeting this community, threatening their freedom of expression and livelihood. Organizations advocating for the rights of this community struggle against societal prejudices and the lack of structured policies for their progress in Bangladesh. Therefore, public sector employment can provide economic independence and challenge the stigma associated with their poverty and social exclusion.
Women’s quota
The premature removal of quotas for women from 10% to 0% raised concerns among women's rights organizations, potentially hindering progress towards equitable public sector representation. Global data highlights women's stark underrepresentation in leadership roles, obstructing the goal of gender parity in line with Sustainable Development Goal-5.
Bangladesh has made significant progress in women's empowerment, evident in the representation of women in the RMG sector and the fact that 60% of primary school teachers in the country are women. The country's active involvement in the global women's movement since 1975 demonstrates its commitment to addressing issues such as missing women and combatting infanticide. Despite these advancements, the Constitution permitting special measures for women, and the country having a female premier for an extended period, barriers persist for women in senior leadership roles in Bangladesh, indicating enduring glass ceilings. Persistent systemic oppression, violence against women, property inheritance disparities, and patriarchal norms continue to prevail. The lack of gender balance, discriminatory property rights, and absence of quotas in the public sector may further widen the gender gap. Therefore, quotas can enhance economic autonomy of women and advance gender equality.
Ethnicity-based marginalized communities
The neglect of marginalized communities and scheduled castes in Bangladesh, along with reduced quotas for the indigenous community in government employment, threatens democratic principles and raises questions about whose interests policy decisions truly serve.
The Dalit community in Bangladesh lacks comprehensive national data on demographic profiles and occupational distributions, facing socially ingrained discrimination rooted in their occupations, social status, and hereditary identities. Traditionally confined to hazardous and poorly remunerated positions, Dalits perpetuate marginalization and endure stigma. Despite their presence in government initiatives and population surveys, Dalits do not benefit from reservations in public sector employment.
The indigenous community in Bangladesh faces challenges in land rights, education, healthcare, and employment, as well as socio-economic disparities. The Adivasi Quota Conservation Council has expressed persistent concerns about the decreasing tribal representation in governmental positions, with deepened distress over the reduction of the indigenous quota from 5% to 1%.
Reasonable job quotas are essential for gender equality, social justice, and economic empowerment among marginalized groups. Neglecting these communities undermines democratic values and skews policy-making.
As the quota system in public employment is reinstated, questions arise about the criteria used. Were considerations of gender disparity, indigenous communities, and other marginalized groups factored in? Were experts in these areas consulted? Was the constitutional authority for women and backward sections thoroughly evaluated? The swift governmental actions suggest that these aspects may not have been adequately addressed.
The path ahead demands ethical policy-making prioritising objective criteria over political convenience. It is crucial to adopt rational approaches that uphold fundamental rights enshrined in the Constitution and international agreements. This approach will enhance transparency and prevent unforeseen repercussions from rushed policy decisions. To progress, the nation must guard against tokenism and embrace policies that authentically empower marginalized groups for lasting socio-economic progress.
Fatemaa Waariithah Ahsan is a Bangladeshi barrister qualified in the UK, with proficiency in international human rights law, gender justice, and broader economic empowerment for marginalized communities.
