Bangladesh
The Artist’s Place in Society
Employment opportunities of artists in Bangladesh are scarce, and opportunities differ
from one artistic field to another. Roughly 90% of artists have to resort to other kinds of
jobs to earn a living, and practice art in leisure hours. As there is no employment bureau
or service agency it is difficult to get exact figures on artists’ employment. The artist has to
find his own way to survive.
Performing artists face the worst situation. Other types of artists can receive gainful
employment from related jobs. For example, an author who masters his language can find
work as a copywriter/editor for a newspaper or an advertising agency. A painter can also
find a job in these areas. He/she can be employed by many different organisations or in
industries. Employment depends on the functional importance of the art form. However, in
the case of performing artists like actors, directors, singers and musicians, there are very
few jobs available. Within the school education system a graduate in painting can find job
as a teacher. However, no such employment opportunity exists for graduates in music,
dance or theatre, as such disciplines are hardly taught in schools. Most of the successful
artists work freelance.
Among the performing artists, singers and musicians have an old tradition of earning their
livelihood by teaching. One finds such teachers in small townships where they go from
house to house teaching young members the art of music. The successful ones among them
run their own music school. Alternatively, their house becomes a sort of small informal
school. Many theatre actors and directors are employed in casual jobs or in businesses
and professions unrelated to their artistic occupations. Opportunities for other performing
artists remain very limited.
The State’ role in improving the condition of artists
The Government has a Ministry of Culture to look after the development of culture and
improve conditions of artists. The Ministry has different directorates like libraries and
archives, museums and archaeology. It has a few other institutions under its wing such as
The Shilpakala Academy (Arts Academy); The Bangla Academy (Language Academy);
The Folk Art Museum; The National Book Centre; etc.
The Ministry of Culture does not have any endowment fund for artists. It manages a
meagre amount of welfare funds for artists in distress – about US $ 20 per month as
allowance. They also have a small fund to help artists in case of emergency medical
treatment. However, the number of beneficiaries is minute: less than 10 artists per year.
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Introduction
Bangladesh is a new state with a vast cultural heritage. It emerged as an independent state
in 1971 through a bloody struggle against the brutal military rule of Pakistani junta. About
3 million people died in the struggle, which was one of the most brutal genocides of the
20th century. 10 million people were displaced and became refugees in Indian camps.
Ultimately the heroic struggle of the people proved victorious. The struggle was not only
political, but also cultural, as it was the struggle to uphold the fundamental rights of
Bengali people, who didn't subscribed to religious fundamentalist view of Pakistani rulers
and fought to preserve their national cultural identity. As a result, the war of independence
made its deep mark in the psyche of the Bengali population, as reflected in the country’s
cultural and theatrical works.
The official name of the country is the Peoples’ Republic of Bangladesh. It has a
parliamentary form of government. The President is head of the state, while the Prime
Minister heads the government.
The area of the country is 147,570 square. metres with a total population of 140 million.
Bangladesh is a deltoid land with three mighty rivers – Ganges, Jamuna and Meghna flowing through the alluvial plain to the Bay of Bengal. The country is surrounded on three
sides by India excepting Myanmar on the South-Eastern corner. On the south is Bay of
Bengal.
The national language is Bengal, spoken by 95% of the population, 5% speak other
dialects. 87% of the population are Muslim, 12 % Hindus. There is a small number of
Buddhists (0.6%) and Christians (0.4%). Literacy rate is 52% and income per capita is US
$ 444. The principal export is Ready Made Garments (RMG), jute, leather, frozen shrimps
etc.
The culture sector
The culture sector has little interaction with the government, which has a very meagre fund
to promote culture. The rights of employee and employer are badly defined, and ill
practices are current. As a result, it is very difficult to get data on the poorly organised
cultural sector. The National Bureau of Statistics provides insufficient information. No
reliable source to obtain data exists and few opportunities are in place to crosscheck it. One
has to consult various sources to collect the necessary information.
INSTITUTIONAL AND LEGAL FRAMEWORK
Legal frameworks of employment
Artists and cultural workers work within the same legal employment framework as other
workers. In fact there is very little scope for artists to get regular or contractual jobs. There
are few government organisations that employ artists. The largest such employer is the
government-owned ‘Radio Bangladesh’ that has about 500 artists employed as staff who
are considered public servants. The recruitment and retirement policy is also the same.
Artists retire at 57 like other employees. The government-owned ‘Bangladesh Television’
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also employs artists, but it is done under general rule of employment. Even the musicians
in ‘BTV’ are employed not as artists but as officers.
There are two other government organisations employing artists on a big scale. These are
the Department of Mass Communication; the Ministry of Information; and Bangladesh
Shilpakala Academy, Ministry of Culture. They follow the same general principle of
government employment rule in case of the artists.
Non-governmental organisations also employ artists. They follow the general legal
framework laid down by the government, but in many cases the employers do not adhere to
such rules. They generally prefer contractual employment or they frame their own rules.
There are few employment opportunities in Bangladesh, especially for artists. They do not
have much legal coverage and the little that they do have, is not implemented in most cases.
Trends
Employment of artists has increased in recent years. With the growth of the economy and
development work by Non-Governmental Organisations (NGO's), artists now find new
opportunities for employment. However, the legal framework remains unchanged. A
specific legal framework for employment of artists is still to be created.
Laws
The general law of employment, for both the governmental and non-governmental sectors,
covers the artists' employment. No separate law exists.
Effects
a) In the event of breach of contract or dismissal:
There is no legal framework so there are no effects on derivative issues. Any dispute has to
be settled mutually or under the general law and rule.
b) The right to combine a permanent post as artist with another job post (teacher for
example):
No information given.
c) On social welfare:
There is no welfare right provided by the state for its citizens. Artists in distress can apply
for help to a welfare fund of the Ministry of Culture, whereby old-aged artist can hope to
get a monthly grant of US $ 15-20. This subsidy is too small and only helps a few people.
Many others need financial help.
d) On intellectual property rights:
Bangladesh has a Copyright Act promulgated on 18 July 2000 (updated version of the 1964
Act), which asserts the artist’s right over his/her work. However, immediately after
implementation of the new Act, it was found that due to fast changing technology of
broadcasting and reproduction, the Act needed further updating. The Copyright Act is
currently being amended. In the Copyright Act, performers’ rights have been defined in
different categories. The concept of secondary copyright has also been introduced to
protect the intellectual property of the performer. Recommendation has been made to
establish a Copyright Society, which is yet to be implemented. The Government has
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prepared amendments to the Copyright Act 2000 that is called Copyright (Amendment)
2003. It is yet to be approved by Parliament.
Information on ‘performer’s right’ as stated in the Copyright Act 2000:
‘Performer’s right :
1) Where any performer appears or engages in any performance, he/she shall is entitled to
a special right known as the "performer’s right" in relation to the performance.
2) The performer's right lasts fifty years from the beginning to the end of the calendar year
in which the performance is made.
3) During the continuation of a performer's right in relation to a performance, any person
who, without the consent of the performer, commits any of the following acts related to the
performance, namely:
a) makes a fixation of the performance; or
b) makes any reproduction of such fixation of the performance, which fixation wasi) made without the performer's consent; or
ii) made for purposes different from those for which the performer gave his
consent; or
iii) made for purposes different from those referred to in section 36 from a
fixation which was made in accordance with section 36; or
c) broadcasts the performance except where the broadcast is made from a sound
recording or visual recording other than one made in accordance with section 36, or is
a re-broadcast by the same broadcasting organization of an earlier broadcast which
did not infringe the performer's right; or
d) communicates the performance to the public otherwise than by broadcast, except
where such communication to the public is made from a fixation or a broadcast,
shall be subject to the provisions of section 36. He/she shall be deemed to have infringed
the performer's right and the provisions of chapters XI, XII and XIII. He/she shall, within
the limits permitted by the nature of the matter, apply to performers and performances as if
they were authors and works respectively.
Acts not infringing broadcast reproduction right or performer's right
No broadcast reproduction right or performer's right shall be deemed to be infringed by:
a).the making of any fixation for the private use of the person making such fixation, or
solely for purposes of bonafide teaching or research; or
b) the use, consistent with fair dealing, of excerpts of a performance or of a broadcast
review, teaching or research; or
c) such other acts, with any necessary adaptations and modifications, which do not
constitute infringement of Copyright under section 73.
Other provisions applying to broadcast reproduction right and performer's right :
Sections 18, 19, 48, 76, 79, 85, 86 and 93 shall, with any necessary adaptations and
modifications, apply in relation to the broadcast reproduction right in any broadcast and
the performer's right in any performance as they apply in relation to copyright in a work.
Provided that where copyright or performer's right subsists in respect of any work or
performance that has been broadcast, no licence to reproduce such broadcast shall take
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effect without the consent of the owner of rights or performer, as the case may be, or both
of them.
e) Right to form or join a trade union:
The artists employed in different orga nisations have the same right to form or join trade
union as any other employee. The workers and employees in Bangladesh has the right to
form union and association.
Recruitment of artists
There is no separate employment agency for artists. Artists are employed through normal
methods of recruitment. There is no federation of artists union in Bangladesh. There are
only unions for film workers in the film industry, but no such organisation involving
performers exists. There are separate producers, directors and exhibitors associations, but
artists have no bargaining agent.
Professional status
There is no legal recognition of the professional status of artists, although a small number
of artists are employed in both the public and private sector. There is no permit
requirement from any central agency for such employment. However, if foreign artists
want to work in Bangladesh, he/she needs to obtain a work permit from the government.
Form and content of contracts
Artists are employed under general service rules and there are no special contracts for them.
Two of the large institutions employing artists are the government-owned ‘Radio
Bangladesh’ and ‘BTV’ (Bangladesh Television). In ‘Radio Bangladesh’, staff artists are
employed as general office employers. For transmission of any artistic creation the
authority signs separate contract with the owner of the copyright. Generally, this contract is
signed between the artist and the President of the Republic on behalf of the State. For
instance, the contract document for a lyricist states:
"I the undersigned do hereby confer on the President of Bangladesh (here in after referred
as the Government) the right to transmit the song as described below. I do hereby declare
that the words of the song are exclusively owned by me and no other person, business
house or company has any right on it and the above mentioned song or part of it in no way
fringe upon the Universal Copyright Act."
The model contract of ‘Radio Bangladesh’ provides payment of royalty for subsequent
transmissions also. The Programme Producer signs the contract on behalf of the President
of the Republic. In case of ‘BTV’ the authority signs the contract, but there is no provision
of royalty payment for subsequent transmission.
Duration of work in the private sector
In the private sector large number of performers and artists work in the professional folk
theatre group known as 'Jatra'. At present there are about 200 ‘Jatra’ groups who perform
touring from one place to another. On average, they employ about 50-60 people in each
‘Jatra’ group. The employment is seasonal as the group perform only during winter. There
is no written contract for ‘Jatra’ employment and everything is fixed verbally.
The Group Theatre Movement or mainstream theatre in Bangladesh is very strong and they
perform regularly. However, the theatre groups do not get any support from the
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Government. They struggle to survive and depend mostly on the voluntary performance of
their members. They cannot afford to offer any regular payment to the performers.
NGO's are active all over the country. They employ artists and performers to support their
awareness and motivational campaigns. It is made under their general employment rule.
Artists do not get any preferential treatment.
Health care system
There is no separate health care service for performers. Through the hospital and health
care centres, the government tries to provide basic health care services to the population. It
is supposedly to be free for extremely poor people. Others have to pay for it. There is no
health service specific to performing artists.
Administrative inspections
None
Training
Artists do not have access to lifelong vocational training.
SOCIAL WELFARE
The concept of ‘social welfare’ is not legally recognised due to lack of government
funding. It also has low priority in the list of basic governmental tasks including provision
of food, sanitation, shelter and education for all. As there is no social welfare system in
place, details of the procedure are not applicable.
UNEMPLOYMENT
There are no unemployment benefits for any citizens. Thus, artists do not or cannot have
any sort of legal or welfare coverage in case of unemployment.
REMUNERATION
Artists are paid based on individual contracts. In many cases there are oral agreements
rather than written contract. Artists negotiate their own payment. No other organisation
has any role to play between the employer and the artist. Most payments are in cash, but in
some cases, for example the members of the ‘Jatra’ group or circus troupes, the employer
arranges for the food and lodging during the season. However, there is no law on lodging
for artists or any rule in the country dividing the salary into welfare or other kinds of
payment.
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Remuneration and intellectual property rights
The Copyright Act 2000 provision has been made for establishment of Copyright Society.
The Act states:
1) Subject to such conditions as may be prescribed,
a) copyright society may accept from an owner of rights exclusive authorization to
administer any right in any work by issue of licences or collection of licence fees or both;
and
b) as owner of rights shall have the right to withdraw such authorization without prejudice
to the rights of the copyright society under any contract.
2) It shall be competent for a copyright society to enter into agreement with any foreign
society or organization administering rights corresponding to rights under this Act, to
entrust to such foreign society or organization the administration in any foreign country of
rights administered by the said copyright society in Bangladesh, or for administering in
Bangladesh the rights administered in a foreign country by such foreign society or
organization :
Provided that no such society or organization shall permit any discrimination in regard to
the terms of licence or the distribution of fees collected between rights in Bangladeshi and
other works.
3) Subject to such conditions as may be prescribed, a copyright society may:
i) issue licences under section 48 in respect to any right under this Act;
ii) collect fees in pursuance of such licences;
iii) distribute such fees among owners of rights after making deductions for its own
expenses;
iv) perform any other functions consistent with the provisions of section 44.
Minimum level of remuneration
There is a law that determines the minimum wage for the industrial worker, but no such law
exists for artists or for any other professional.
TAX STATUS
Artists have to pay taxes like any other professional on the basis of rules and regulations
made by the government. There is no special advantage for artists.
Royalties and tax system
Royalties are taxable. However, there is a slab system whereby income up to a certain level
is exempted from taxation. As the income of a broad section of artists is very low, they are
mostly exempted from paying tax.
Exemptions or special provisions
There are no exemptions regarding temporary import duties on cultural products or
equipment and material required for cultural productions.
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Special tax regime for cultural products
The only exemption is enjoyed by theatre productions whereby the box office sale proceeds
are exempted from paying tax.
Custom duties agreements
There are not such kinds of agreements.
ILLEGAL WORK
The tax network being very small, many people legally work outside the formal economy.
As such, the concept of illegal work is not applicable here.
INTERNATIONAL MOBILITY OF ARTISTS
Measures to encourage mobility
There is not overall official policy to promote the mobility of artists. The government of
Bangladesh does not offer any scholarships or financial aid to the promote mobility of
artists and their work. There is no official policy facilitating the import/export of cultural
products. There is no official policy to facilitate the obtention of visas and residence
permits. On the contrary if the artist works in a government organisation he/she has to
obtain special permission from his office as well as from the Ministry of Culture to perform
abroad.
Foreign artists are required to obtain Government permission to perform in
Bangladesh.
Foreign artists
Foreign diplomas are recognised if they are from a formal institute. The respective
employers decide the question of equivalence of degrees on a case-by-case analysis. There
is no network in place catering for foreign artists. Foreign artists may begin work after
obtaining a work permit under the general rule of law applicable to any foreign worker.
There is no separate rule for artists. Foreign artists may not appear on national TV
programmes without prior permission of the government. There are even restrictions on
foreign models appearing in national commercials. Back screen artists are free to
participate; the restriction applies to models only. The number of artists of foreign
nationality working on national territory is probably very few. No concrete data is
available. Foreign artists wishing to work on national territory have to go through a long
bureaucratic process similar to getting a work permit for a foreign national.
Protection of national artists
Originally, any artist going abroad to perform or to present his/her work had to obtain
permission from the Ministry of Culture, otherwise he/she was not allowed to leave the
country. After long protests, this practice was abolished and artists are now free to go
abroad to perform. Nevertheless, there are still many official barriers impeding foreign
artists from coming to perform in Bangladesh. Any organisation that invites foreign artists
has to get clearance from the Ministry of Culture, the Ministry of Home and the Ministry of
Foreign Affairs. Under the Ministry of Home, security clearance has to be obtained from
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2/3 separate Government agencies, including the police department. The government has
bilateral cultural agreements with some countries for exchange of cultural groups at official
level. Concerning film production involving artists from other countries, there must be a
minimal proportional representation of local artists.
There are no cultural protectionist measures for radio or TV. As the radio and ground relay
stations of TV are entirely owned by the government, they do not feel the need to create
separate protectionist measures. With the advent of satellite telecasting and the
establishment of private TV channels, the government now feels the urge to have a
broadcasting policy, which has been drafted and is being discussed. This forthcoming bill
may include some protectionist measures. At present, locally produced films enjoy
comprehensive protection, as films in Bengali and other languages of the subcontinent are
forbidden from broadcast in Bangladesh. This law effectively barred Indian and Pakistani
films from local cinema halls. The ban has been imposed by notification under exercise of
powers conferred by Section 7 of the censorship of Films Act, 1963.
COLLECTIVE REPRESENTATION
Trade union freedom
The right to join or form a trade union is a fundamental right guaranteed by the
Constitution. In the private sector, trade unions are not well organised. Employers
discourage workers from forming trade unions. The 'ready- made garments sector, which
employs about 1 million girls, does not have a trade union in most of the ir factories. Public
sector workers are more or less organised in trade unions. Pressure to join or form a trade
union does not exist in the public sector, but can be noticed in private sector. Union
prerogatives usually cover wage and payment, work conditions, holidays, working hours,
health, recreational benefit, etc. In many cases it is very difficult for workers to establish
such rights, as the legal sanctions are very weak.
As artists are not organised in unions, the question of State consultatio n before it adopts
reforms that affect the working practice of artists does not arise. Even for industrial
workers, State consultation to trade unions does not take place.
The unions are basically bargaining agents regarding wages and benefits. In recent years
they are engaged in fighting a losing battle to stop the selling off of public companies to the
private sector under the government plans of privatisation.
Collective agreements
Collective agreements are made for the public sector units to determine basic wage
structure. However, it does not cover social benefits and is gradually losing ground. There
are no sectoral agreements.
Social dialogue
There are very few research or policy planning organisations and NGO's that organise
social dialogue.
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CONTINUING TRAINING, RESEARCH AND FINANCIAL AID
List of professional schools and institutions:
a) Visual arts : painting, sculpture, graphic arts, photography and multimedia
§ Institute of Fine Arts, University of Dhaka, Shahbag, Dhaka 1000.
Offers Bachelor and Masters degrees in Fine Arts (painting, sculpture, commercial
arts)
§ Department of Fine Arts, University of Chittagong, Chittagong.
Offers Bachelor and Masters degrees in Fine Arts (painting, commercial arts)
b) Performing arts: drama, street theatre, puppet theatre, the circus
§ Department of Music & Drama, University of Dhaka, Dhaka 1000
Offers Bachelor & Masters degrees in Drama and Music
§ Department of Drama & Dramatics, Jahangirnagar University, Savar, Dhaka.
Offers Bachelor and Masters degrees in Drama
§ Fine Arts Department, Chittangong University, Chittagong
Offers Bachelor and Masters degrees in Painting and Drama
§ Theatre School, 144 New Baily Road, Dhaka 1000.
Offers a one year certificate course in acting (part time)
§ Prachyanat School of Acting & Design
Offers a six month course in acting and theatre design (part time)
c) Film and audiovisual media
§ Stamford University, Home 36, Road 9a, Dhanmandi, Dhaka.
Offers Bachelor and Masters degrees in Film & Media
§ Green University of Bangladesh, Malek Tower, 31 Tejkunipara, Dhaka 1215
d) Dance and choreography
§ Chayanaut, University Laboratory School, Dhaka 1205.
Offers a five year course in dance
§ Santa Mariam Institute, Uttara, Dhaka.
Offers Bachelor and Masters degrees in Fine Art, Music and Dance.
e) Literature
No institution
f) Music: classical, opera, jazz, variety, traditional etc.
§ Chayanaut
Offers a five year course in classical, traditional and folk music (part time)
§ Bulbul Academy of Fine Arts, Wiseghat Road, Dhaka 1000.
Offers courses in different music genres (part time).
§ College of Music, Agargaon, Dhaka.
Offers intermediate and graduate degrees in music.
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Training in administration
There are no institutions offering artists training in administration, administrative
management or career management.
Retraining for artists
There are no policies or legal provisions enabling artists to retrain, nor retraining courses or
schemes for artists.
Source: International Theatre Institute (Bangladesh National Centre of the ITI),
August 2004.
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