Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 1(1) and 2(1) of the Convention. 1. Freedom of civil servants to leave the service of the State. (a) In its earlier comments, the Committee referred to section 293(1) of the Penal Code which provides for penalties of imprisonment “when three or more civil servants abandon their work, even in the form of resignation, if they do so by common accord with a view to achieving a common objective”. This provision is also applicable to persons who are not civil servants, but who perform work related to the public service (section 297 of the Penal Code). The Committee pointed out that the prohibition from resigning, as set out in the above provisions, namely under menace of imprisonment, places a constraint upon the persons concerned to continue working.

The Committee previously noted the Government’s indication in its report that the body of legislation as a whole was being re-examined within the framework of the legislative reform project of the King, and that the revision of sections 293 and 297 could be undertaken in this context, taking due account of the provisions of the Convention.

In its latest report, the Government confirms its earlier statement that the Committee’s comments have been forwarded to the competent authorities of the Kingdom of Bahrain and will be taken into account in the process of the amendment of the national legislation with a view to bringing it into conformity with the Convention.

The Committee reiterates the firm hope that the necessary measures will be taken to bring legislation into conformity with the Convention and that the Government will soon be able to provide information on the progress made in this regard. It also refers in this connection to its comments addressed to the Government under Convention No. 105, likewise ratified by Bahrain.

(b) The Committee previously noted the provision of section 74 of the Civil Service Act (No. 35 of 30 July 2006), under which an employee can leave the service only after a decision to accept the resignation has been taken. A decision on the application to resign must be taken within 30 days after its submission. If no decision is taken, the resignation is considered as accepted.

The Committee observed that, under the above provision, a request for resignation can be either accepted or refused, and therefore the service is not automatically terminated after the expiration of a notice period. The Committee pointed out, referring also to the explanations contained in paragraphs 96–97 of its 2007 General Survey on the eradication of forced labour, that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention.

The Committee notes the Government’s indications in the report that a decision on the application to resign can be suspended only if an employee is under investigation, and that no complaint related to the rejection of a resignation submitted by any state employee has been registered.

While noting these indications, the Committee reiterates its hope that the necessary measures will be taken in order to bring section 74 of the Civil Service Act referred to above into conformity with the Convention, e.g. by eliminating a possibility to reject a resignation after the expiration of a notice period or by limiting provisions preventing workers from leaving their employment to emergency situations. Pending the adoption of such measures, the Committee requests the Government to continue to provide information on the application of section 74 in practice, indicating the criteria applied in accepting or rejecting a resignation, as well as the number of cases in which such resignations were refused and the grounds for refusal.

2. Freedom of career members of the armed forces to leave their service. The Committee previously noted that, under section 4 of Legislative Decree No. 16 of 1977 governing the service of military officers in the Defense Force of Bahrain, officers undertake to serve for an uninterrupted period of 15 years, during which they do not have the right to resign. Under section 123 of the Decree, any officer who submits a resignation is not entitled to leave the service before it is accepted. The Committee also noted that, under sections 92 and 47(a) of Legislative Decree No. 23 of 1979 governing the service of rank and file members of the armed forces, those members of the armed forces who submit their resignation are not entitled to leave their service until the resignation is accepted, under penalty of disciplinary sanctions imposed by the commanding officer or military tribunals (section 49(a) and (b)).

While noting the Government’s statement in the report that military service in Bahrain is not mandatory and members of the armed forces undertake to serve with their voluntary consent, the Committee again draws the Government’s attention to paragraphs 46 and 96–97 of its 2007 General Survey on the eradication of forced labour, where the Committee has considered that persons who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service and also taking into account the possibility of proportional reimbursement of the cost of training incurred.

While noting the Government’s repeated indication that the Committee’s comments have been forwarded to the competent authorities, the Committee reiterates the firm hope that measures will be taken to ensure that career members of the armed forces will fully enjoy the right to leave their service in peacetime at their own request within a reasonable period, either at specified intervals, or with previous notice, in conformity with the Convention. Pending the adoption of such measures, the Committee again requests the Government to provide information on the numbers of the applications to resign accepted or refused, indicating in particular the reasons for refusal.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes with interest a report of the National Committee to Combat Human Trafficking, communicated by the Government, which contains comprehensive information on various measures and decisions taken by the competent Government bodies with a view to combating and eliminating human trafficking, as well as information on penal proceedings instituted against perpetrators. The Committee requests the Government to continue to provide, in its future reports, information on the measures taken to combat trafficking in persons and to protect the victims, including available statistics, as well as information on the penal proceedings which have been instituted under the Law on Combating Human Trafficking (2008), indicating the penalties imposed on perpetrators.

Communication of texts. Further to its earlier comments, the Committee again requests the Government to supply copies of any laws or regulations respecting the performance of work in the event of national emergencies adopted under article 13(c) of the Constitution of 14 February 2002.