Why Bangladesh Must Move Beyond Guidelines to Address Workplace Sexual Harassment, Exploitation and Abuse

https://doi.org/10.5281/zenodo.19829815

Background

Sexual harassment, exploitation and abuse are not new problems in workplaces, but the way institutions respond to them has changed dramatically over the past decade. A series of scandals within the humanitarian and development sectors had forced organisations, particularly the United Nations, to confront the reality that this was not some isolated event, but the organisation’s safeguarding was failing due to systematic weakness.

This has resulted in a shift towards zero-tolerance policies, survivor-centered approaches and institutional accountability systems. Though this progress has still been uneven. In Bangladesh, legal and policy frameworks are still struggling to keep pace with global progress, leaving a significant gap between global standards and national practices.

Hence, this urgent question arises: Why is Bangladesh still relying on fragmented guidelines while international institutions have moved toward comprehensive safeguarding policies?

Definition and Scope

International policies define Sexual Harassment (SH) as misconduct within workplace relations (staff-staff), while Sexual Exploitation and Abuse (SEA) is an abuse of power over beneficiaries or vulnerable populations by the staff (UN, 2003). For example, the World Food Programme defines SEA as an abuse of power for sexual purposes, including coercion or unequal conditions and treats it as gross misconduct leading to termination if proved.

Effect of sexual misconduct on development and gender equality

Sexual misconduct policies are critical for both economic development and women's empowerment because they create a safe, dignified and equitable workplace. Though harassment can happen across genders, most data is found regarding vulnerable groups like women and children. The recent incidents of sexual abuse in Bangladeshi educational institutions, like Madrasa and schools, need to be studied more to know the actual data.
When women and other vulnerable groups are protected from harassment and abuse, they are more likely to contribute to the workforce, productivity and economic development of a country. Robust safeguarding policies improve overall efficiency of institutions, minimizing turnover, absenteeism and reputational hazards. At the same time, SEA protection policies confront power imbalance and discrimination, empowering women to exercise their rights, approaching leadership opportunities and participate in decision-making (World Bank, 2023; ILO, 2019; UN Women, 2022). In this context, effective policy implementation for SH and SEA is not only a matter of protection but is also required for inclusive development, gender equality and sustainable economic progress.

International Organizations: Policy and Practice

Most International Organisations have workplace sexual harassment prevention policies and a "Protection from Sexual Exploitation and Abuse (PSEA)” policy, which was formed following the UN Secretary-General’s Bulletin on SEA, Zero tolerance for perpetrators and survivor-centered safeguarding approach. Key elements of these policies are: Mandatory reporting obligations, protection against retaliation, survivor support (medical, legal, psychosocial) and independent investigation mechanisms.

At the same time, they operate PSEA through dedicated PSEA focal points, mandatory staff training and compliance systems, internal investigation bodies and inter-agency coordination platforms (UN, 2003)

The scale of the problem remains high

Despite having strong policies, the issue still persists. According to a global UN survey, it was found that around 33% of UN staff experienced sexual harassment within a two-year period (UNDP, 2019). Despite organisational systems, underreporting, which could be the consequence of power practice or social stigma, remains a major concern.

The risks are even higher in humanitarian situations where the beneficiary’s dependency on aid creates unequal power relations, limited access to seek legal redress and weak oversight mechanisms (WFP Report). To sum up, policy frameworks have improved, but implementation remains inconsistent.

Bangladesh: a system built on guidelines, not law

On the contrary, Bangladesh’s approach to workplace harassment and SEA remains legally fragmented and institutionally weak.

The Penal Code, 1860, in Section 354, provides that “whoever assaults or uses criminal force to any woman, with the knowledge or intention to outrage her modesty, shall be punished with a maximum of two years imprisonment and fine”.

Section 509 of the Penal Code also provides that “uttering any word, making any sound or gesture, or exhibiting any object, with the intention to insult the modesty of a woman" can lead to a punishment of up to one-year imprisonment.

These two provisions provide a narrow scope of describing and criminalizing sexual exploitation and assault. However, these provisions also bring out the concept of “outraging or insulting the modesty of a woman” which is nonetheless subjective and also problematic. This concept emphasizes more on the victim, less on the perpetrator paving the way for victim-blaming as its prevalent even today.

It can be said that the existing laws were not adequate enough as they did not provide a proper description of SEA, let alone had no concept of such incidents occurring in workplaces.

The primary safeguarding measure- “the 2009 High Court guidelines on sexual harassment” is considered a landmark ruling. This rule introduced procedural safeguards, and organisations were required to establish inquiry and complaint committees. After that, sixteen years passed, but the guidelines just remained as guidelines with no enforceable legislation.

In 1984, Bangladesh signed the ratification of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) (United Nations Treaty Collection, 2024; CEDAW, 1979). As a State Party member of this convention, Bangladesh undertook the commitment to establish gender equality and eliminate all discrimination against women. Although the country initially did not sign Articles 2 and 16 relating to equality in family and personal laws, CEDAW still obligates the state to ensure a safe and non-discriminatory environment for women, including protection from sexual harassments. The CEDAW Committee has repeatedly urged Bangladesh to strengthen legal frameworks addressing workplace harassment and violence (CEDAW Committee, 2016).

These commitments are also reinforced by the constitutional obligations under the Constitution of Bangladesh (1972) which includes Article 27 (equality before law), Article 28 (non-discrimination on grounds of sex), and Article 29 (equality of opportunity in public employment). Additionally, by interpreting Article 32, which guarantees the right to life and personal liberty, the judiciary system called for an inclusion of protection from harassment and unsafe environments. The landmark 2009 High Court guidelines (BNWLA v. Bangladesh, 2009) on sexual harassment were issued based on these constitutional obligations to ensure the state’s responsibility to act even in the absence of specific legislation.

It proves that both international commitments through CEDAW and the national constitutional framework of Bangladesh create a legal and moral obligation to enact and effectively implement enforceable laws on workplace sexual harassment and PSEA for service beneficiaries.
There are some existing labour laws, such as the Labour Act (2006) and the Women and Children Repression Prevention Act (2000), which provide partial support. However, they mostly focus on sexual harassment and leave a critical gap of having no comprehensive legal recognition of SEA.

This inclusion is important because without a proper legal definition of SEA, particularly in sectors involving service delivery and aid, abuse of power remains inadequately addressed.

Prevalence without protection

The inadequacy of strong legal frameworks in Bangladesh is also reflected in data.

Findings from a 2021 Bangladesh Women’s Lawyers’ Association suggest that up to 84% of women in Bangladesh reported being victims of some form of harassment in workplace environments or public places such as school, streets, public transportation and even at home. Many women are also facing online harassment nowadays. Another study reported that 79.3% female and 82% of garment workers had experienced or witnessed sexual violence and harassment at work (The Daily Star, 2026). A 2020 survey conducted by the National Girl Child Advocacy Forum, Plan Bangladesh, and Girls Advocacy Alliance shows 22.96% of women faced sexual harassment once, 41.48% were harassed two to three times, 25.9% faced it four or five times and 8.89% faced it six to ten times. Among them, 14.81% are employed in the health sector, 59.26% in the readymade garment (RMG) sector, 8.89% in the private sector, 3.7% each in education and banking, 6.67% in NGOs, and 1.48% each in the law enforcement and legal sectors (Dhaka Tribune Report, 2020). In another study conducted in 2025 regarding the ready-made garment (RMG) industry, it was found that around 22% female workers reported frequent harassment in the past 6 months. The offenders were mostly co-workers (37%), supervisors (32.9%) and security guards (27.4%) (Kabir, 2025). In the case of working children, 49.8% experience violence or harassment in the workplace, which may indicate the deep association between vulnerability with age and economic insecurity (The Daily Star Report, 2026).

These figures underestimate the true ratio of the problem as reporting remains low due to factors like fear of losing job, social stigma, victim blaming, and lack of proper complaint systems.

Besides statistics, national newspapers often reported multiple cases where victims of harassment, particularly young women students, have died by suicide facing continuous abuse, blackmail or inadequate institutional response (The Daily Star, 2024; Dhaka Tribune, 2023; Manusher Jonno Foundation, 2020; WHO, 2021). Media investigations often found that survivors faced threats, victim-blaming and pressure to withdraw complaints, intensifying psychological suffering and mental health risks. Reporting from media like The Daily Star and human rights organisations indicates a recurrent pattern of organisational failure in addressing these incidents.

In Bangladesh, safeguard committees only exist on paper and are controlled by institutional management, questioning their credibility.

A gap between global standards and local realities

Whereas the international organisations have clear definitions of SEA, mandatory reporting systems, independent investigations and survivor-centered services, Bangladesh continues to follow non-binding guidelines, weak enforcement policies and limited institutional capacity.
These have made the problem not only a legal but a governance gap.

The 2025 national SEA Risk Assessment (covering 7 divisions and humanitarian settings) found that SEA risks are linked to: Poverty and climate vulnerability, Power imbalance in aid delivery, and Weak legal protection systems. Over 300 stakeholders participated in the assessment (UN, 2025).

Why reform has stalled

The disconnect from the reform process can be explained by several factors.

Firstly, there is legal sluggishness: transforming high court guidelines into enforceable legislation requires political prioritisation, which is far from sufficient.

Secondly, due to weak organisational capacity, even the existing rules are far from implementation.

Thirdly, the most important limitation is socio-cultural norms. Current social contexts in Bangladesh discourage the victims from reporting such incidents and in many cases, the survivors face more social consequences than the perpetrators.

All of these factors contribute to a system where formal protection systems cannot succeed, as practical accountability is weak.

What would meaningful reform look like?

If Bangladesh wants to align with international standards, only cumulative changes will not be enough. The process needs a systemic shift.

1. Move from guidelines to law: A comprehensive national PSEA law must be introduced, defining both sexual harassment and SEA, mandating reporting obligations and establishing clear sanctions and enforcement mechanisms.
2. Built independent accountability systems: The complaint mechanism must be independent of workplace hierarchies, accessible and confidential and safe for survivors.
3. Center the survivor: The victim will get psychological support services, legal aid and protection from vengeance.
4. Prevention, not only response: Just managing the incidents will not give proper protection. The organisations need to arrange periodic training and awareness programs for all the staff. At the same time, changing the organisational culture and creating a safe workplace environment are crucial in reducing the incidents.

On April 9, 2026, the Bangladesh Parliament passed the Bangladesh Labour (Amendment) Bill, 2026, aligning with ILO Convention No. 190 (The Daily Star, 2026). It introduces the definition of sexual harassment for the first time and strict legal prohibitions against forced labour, violence and sexual harassment. All institutions are now required to form dedicated complaint committees with a priority on female representation. The question is: Is every organisation aware of this and willing to implement the amendment?

Again, the experience of several international organisations indicates that laws and regulations cannot alone change the scenario and should be accompanied by cultural change, such as addressing gender norms, challenging power hierarchies and incorporating accountability into everyday practice. Even the strongest legal frameworks will become symbolic rather than transformative without this alteration.

Conclusion

The global development of Sexual Harassment and SEA policies depicts that strong safeguarding strategies are both necessary and achievable. Though there are ongoing challenges, international organisations have proved that accountability can be institutionalised.

Bangladesh, however, still remains at an early stage- relying on fragmented guidelines where risks are really high and reporting is low. Mitigating this gap is not just a matter of legal reform. It is about redefining workplace policies about power dynamics, protection and accountability.

Until then, the commitment to build safe and dignified workplaces will remain unaccomplished.

Tags

Bangladesh; Gender; Workplace Safety; Sexual Harassment; PSEA; Labour Rights; Governance; South Asia; Human Rights; Development Policy

Nisarga Bahar
Research Associate
Council for Policy Review

References

1. BRAC Institute of Governance and Development. Voicing and Challenging Workplace Sexual Harassment in Bangladesh https://bigd.bracu.ac.bd/publications/voicing-and-challenging-workplace-sexual-harassment-in-bangladesh
2. CEDAW Committee. Concluding Observations on Bangladesh (2016) https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CEDAW/C/BGD/CO/8&Lang=En
3. Constitution of Bangladesh. Official Text (Articles 27, 28, 29, 32) http://bdlaws.minlaw.gov.bd/act-details-367.html
4. Convention on the Elimination of All Forms of Discrimination against Women. https://www.un.org/womenwatch/daw/cedaw/text/econvention.htm
5. Devries et al. (2013). The global health burden of intimate partner violence. https://doi.org/10.1126/science.1240937
6. EUAA, '8.4.4. Violence against women and girls ' in COI Report - Bangladesh: Country Focus, August 2025 https://www.euaa.europa.eu/coi/bangladesh/2025/country-focus/84-women-and-girls/844-violence-against-women-and-girls
7. IASC Six Core Principles Relating to Sexual Exploitation and Abuse, 2019 https://interagencystandingcommittee.org/inter-agency-standing-committee/iasc-six-core-principles-relating-sexual-exploitation-and-abuse
8. International Labour Organization. Convention: Violence and Harassment Convention (C190). https://enablingworld.com/wp-content/uploads/ILO-Convention-190-Violence-and-Harassment-Convention-C190-and-R206.pdf
9. Kabir H, Maple M and Usher K (2025) Prevalence and risk factors of sexual harassment in the workplace by female readymade garment workers in Bangladesh. Front. Public Health 13:1580709. https://doi.org/10.3389/fpubh.2025.1580709
10. Manusher Jonno Foundation. Study on Sexual Harassment at Workplace. https://www.manusherjonno.org/wp-content/uploads/2020/11/Study-Report-on-Sexual-Harassment-Update-24-09-19_printed-version.pdf
11. Prevention and Response to Sexual Misconduct | United Nations Development Programme https://www.undp.org/accountability/prevention-and-response-sexual-misconduct
12. Sexual Harassment at Workplace and Bangladesh [https://poshatwork.com/sexual-harassment-at-workplace-and-bangladesh/?]
13. Supreme Court of Bangladesh, BNWLA. Sexual Harassment Guidelines. https://compendium.itcilo.org/en/compendium-decisions/supreme-court-of-bangladesh-bnwla-vs.-government-of-bangladesh-14-may-2009-petition-no.-5916-of-2008
14. The Daily Star. Why sexual harassment survivors still struggle to be heard in Bangladesh. https://www.thedailystar.net/slow-reads/big-picture/news/why-sexual-harassment-survivors-still-struggle-be-heard-bangladesh-4153986
15. The Daily Star. Sexual abuse at workplace: Legal framework inadequate. https://www.thedailystar.net/frontpage/news/sexual-abuse-workplace-legal-framework-inadequate-1738840
16. Trumbic, Tea. Women, Business, and the Law 2023 (English). Washington, D.C. : World Bank Group http://documents.worldbank.org/curated/en/099071723222027375
17. United Nations. Secretary-General’s Bulletin: Special Measures for Protection from Sexual Exploitation and Sexual Abuse (ST/SGB/2003/13) https://interagencystandingcommittee.org/sites/default/files/migrated/2018-10/SGBulletin.pdf
18. United Nations. Prevention of Sexual Exploitation and Abuse policies. https://www.un.org/preventing-sexual-exploitation-and-abuse
19. United Nations Bangladesh. Bangladesh Sexual Exploitation and Abuse (SEA) Risk Assessment Report (2025) https://bangladesh.un.org/sites/default/files/2025-09/Bangladesh%20Inter-Agency%20SEA%20Risk%20Assessment%20Report_2025.pdf
20. UN Women 2024. A step forward for women’s safety in Bangladesh: The push for sexual harassment legislation | UN Women Transparency Portal https://open.unwomen.org/en/story/step-forward-womens-safety-bangladesh-push-sexual-harassment-legislation?
21. UN Women. Report: Progress of the World’s Women. https://data.unwomen.org/progress-of-the-worlds-women
22. UNDP, 2019. Zero tolerance for sexual harassment and abuse of authority in workplace | United Nations Development Programme https://www.undp.org/bangladesh/press-releases/zero-tolerance-sexual-harassment-and-abuse-authority-workplace?
23. United Nations Treaty Collection. Status of CEDAW – Bangladesh (Ratification 1984) https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-8&chapter=4
24. World Food Programme. Protection from Sexual Exploitation and Abuse. https://www.wfp.org/protection-from-sexual-exploitation-and-abuse
25. World Health Organization, 2024. Fact Sheet: Violence against women. https://www.who.int/news-room/fact-sheets/detail/violence-against-women
26. World Health Organization. Violence Against Women and Mental Health https://www.who.int/news-room/fact-sheets/detail/violence-against-women
27. Yasmin, T.. (2022). Laws against Sexual Harassment: Analyzing the legal framework of Bangladesh. Dhaka University Law Journal , 32(2), 103–118 https://doi.org/10.3329/dulj.v32i2.57960.