CMNT_TITLE

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Bahrain (RATIFICATION: 2000)

Other comments on C111

Observation

Direct Request

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Article 1 of the Convention. Discrimination on the basis of religion. The Committee notes the observations submitted by the International Trade Union Confederation (ITUC) and Education International (EI) and the Bahrain Teachers Association (BTA) stating that discrimination on a sectarian basis is the major form of discrimination in the country and that it is ongoing on a large scale in both the private and the public sectors. According to the ITUC, there is clear evidence that citizens belonging to one religious sect in the country are excluded from employment in the public sector and in nine major companies, largely government-owned where there are the best conditions of work, including higher wages and better training, health care, insurance, loans, scholarships, etc. The ITUC indicates that this group was subject to systematic discrimination prior to the political events of February 2011 but, since then, discrimination has extended so as to affect recruitment and terms and conditions of employment. The Committee notes that the ITUC’s statement is corroborated by EI and the BTA which indicate that there is systemic discrimination against Shia public sector workers who find themselves facing difficulties in finding work and in securing fair conditions of employment. Noting that the Government has not provided its comments on the allegations raised in these two communications, the Committee asks the Government to provide its comments.

Article 2. National equality policy with a view to eliminating discrimination based on race, colour, religion, political opinion, national extraction and social origin. Noting that the Government has provided no specific information in this respect, the Committee urges the Government once again to take steps to adopt a national policy to promote equality of opportunity and treatment, with a view to eliminating discrimination on the grounds of race, colour, religion, political opinion, national extraction and social origin, and to provide specific information in this regard.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes that the report is silent on this subject. In this regard, it wishes to emphasize the important role of workers’ and employers’ organizations in promoting the acceptance and observance of national policies and plans, including of a national policy on equality of opportunity and treatment in respect of employment and occupation. The Committee asks the Government to provide information on any consultation undertaken, as well as on cooperation with employers’ and workers’ organizations, with a view to promoting non-discrimination and equality in employment and occupation in practice.

Enforcement. Noting the Government’s repeated statement that there are no reported cases of discrimination in the country, the Committee wishes to point out that it is essential to acknowledge that no society is free from discrimination and that continuous action is required to address it. The Committee asks the Government to continue to raise awareness of the relevant legislation, to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination and also to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. The Committee asks the Government to provide information on any judicial or administrative decisions concerning the application of the principles of the Convention, as well as information on any violations detected by the labour inspectorate, the sanctions imposed and the remedies granted.