P ROTECTIO N S FO R V ICT IMS AND WIT NES SES OF C RIMES
•post-release reintegration services (provided by the Department of Social Services);
•any other special benefit introduced via a notification in the Official Gazette under this Act.
Under Section 5(2), in determining whether or not to grant special benefits to an imprisoned Rohingya woman,
the district or national committee should take the following factors into account:
• whether the prisoner is incarcerated with a child;
• whether the child of the prisoner stays at home;
• whether the prisoner suffers from any particular illness, including her personal condition;
• whether the prisoner is disabled;
• the educational qualifications of the prisoner;
• the age of the prisoner;
• the socio-economic status of the prisoner;
• the type of case, the term of imprisonment, and the term of imprisonment with a waiver;
• information on receiving vocational training; and
• other matters (if applicable).
Pursuant to Section 12 (2), prison authorities are also instructed to, upon demand by the probation officer,
ensure adequate rooms, equipment, and materials to provide vocational training to beneficiaries.
Where a Rohingya woman is granted a special provision that is later revoked under Section 15, she must be
allowed to apply to the Ministry of Home Affairs for a review of the revocation order within 30 days of its receipt.
Bangladesh National Women Lawyers
Association v. Government of Bangladesh and
Others (Writ Petition No. 5916 of 2008).
S UMMARY
Provides guidelines on the prevention of sexual harassment until a law on the prevention of sexual
harassment is adopted. The ruling found sexual harassment of girls and women to be illegal. This includes
harassment over multimedia messaging, text messaging, email, and phone. The Court also ordered to use the
term “sexual harassment,” instead of “Eve teasing.”
A PPL ICAB IL IT Y TO RO H I NGYA
These guidelines, laid out by the Supreme Court of Bangladesh on 14 May 2009, apply to workplaces and
educational institutions across the whole of Bangladesh. Therefore, Rohingya in Bangladesh should be covered
by these guidelines.
PROTECTIO N NOT ES
Rohingya women and girls who face sexual harassment should benefit from these guidelines, which require
employers and educational institutions to investigate complaints. The same normative standards and
mechanisms for submitting complaints by and for Rohingya women and girls facing sexual harassment should
be established by all organizations and state agencies operative in the camps. Upon establishment of sufficient
evidence of harassment, appropriate action should be taken in accordance with the organization’s or agency’s
disciplinary rules, within 30 days, and/or a referral made to the appropriate court or tribunal where the act
constitutes an offence under any penal law.
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BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH