Law & Our Rights
Law Letter

Why quota reservation is significant for ethnic minorities

Leaving no one behind: Indigenous peoples and the call for a new social contract" is the theme to celebrate this year's International Day of the World's Indigenous Peoples. Unfortunately, the government had decided to scrap quotas for class-I and Class-II jobs in Bangladesh in October 2018, following large scale protests in the country. The quota system was introduced through an executive order in 1972 and has been amended several times since. Before the abolition of the quota system in first and second-class government services, 5 per cent quota used to be allocated for the ethnic communities. Quota system was introduced to facilitate representation of a portion of ethnic minorities in government services.

According to article 28(4) of the Constitution, the government can make special provision for the advancement of of any backward section of citizens that include ethnic minorities. Furthermore, section 10 of part four of the CHT peace accord refers that the government shall maintain quotas in government services and provide necessary scholarships for research works and higher education in abroad for ethnic minorities.

Equality of opportunity in public employment is a fundamental right under article 29 of the Constitution. Making special provision in favor of any backward section of citizens for the purpose of securing their adequate representation in the service of the Republic is a constitutional right under article 29(3). 

In addition, as a member state of ILO, Bangladesh must respect ILO convention on Discrimination (Employment and Occupation), 1958 (No. 111). According to article 1 of the ILO convention no. 111, no member state should take any step which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation. Withdrawal of quota system in first and second-class government services is considered to be a deprivation for the candidates representing the ethnic minorities of equal opportunities and eventually impairing equality of opportunity under article 29 of the Constitution and article 1 of the ILO convention no. 111.

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Law Letter

Why quota reservation is significant for ethnic minorities

Leaving no one behind: Indigenous peoples and the call for a new social contract" is the theme to celebrate this year's International Day of the World's Indigenous Peoples. Unfortunately, the government had decided to scrap quotas for class-I and Class-II jobs in Bangladesh in October 2018, following large scale protests in the country. The quota system was introduced through an executive order in 1972 and has been amended several times since. Before the abolition of the quota system in first and second-class government services, 5 per cent quota used to be allocated for the ethnic communities. Quota system was introduced to facilitate representation of a portion of ethnic minorities in government services.

According to article 28(4) of the Constitution, the government can make special provision for the advancement of of any backward section of citizens that include ethnic minorities. Furthermore, section 10 of part four of the CHT peace accord refers that the government shall maintain quotas in government services and provide necessary scholarships for research works and higher education in abroad for ethnic minorities.

Equality of opportunity in public employment is a fundamental right under article 29 of the Constitution. Making special provision in favor of any backward section of citizens for the purpose of securing their adequate representation in the service of the Republic is a constitutional right under article 29(3). 

In addition, as a member state of ILO, Bangladesh must respect ILO convention on Discrimination (Employment and Occupation), 1958 (No. 111). According to article 1 of the ILO convention no. 111, no member state should take any step which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation. Withdrawal of quota system in first and second-class government services is considered to be a deprivation for the candidates representing the ethnic minorities of equal opportunities and eventually impairing equality of opportunity under article 29 of the Constitution and article 1 of the ILO convention no. 111.

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