Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Forced Labour Convention, 1930 (No. 29) - Bahrain (Ratification: 1981)

Other comments on C029

Observation

Direct Request

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The Committee notes the information provided by the Government regarding work or services exacted in cases of emergency.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes the comprehensive information provided by the Government on the various measures taken with a view to addressing trafficking in persons. It notes, in particular, the information on the judicial proceedings initiated and the establishment of the National Foundation for Human Rights, as well as the inauguration of a hotline service and a shelter for victims of trafficking. The Committee notes further the Government’s indication that pursuant to Law No. 36 of 2012 which promulgates the new Labour Code, the Ministry of Labour was granted power to monitor recruitment agencies and to conduct periodic inspections. The Committee encourages the Government to pursue its efforts to prevent, investigate and combat trafficking in persons and to continue to provide information on the measures taken in this regard, as well as on the impact of such measures and the concrete results achieved. It also requests the Government to continue to ensure that perpetrators involved in trafficking in persons are subject to thorough investigations, and that sufficiently effective and dissuasive penalties are applied in practice. The Committee requests the Government to continue to provide information on the application of the Law on Combating Human Trafficking (2008) in practice, in particular with regard to the number of prosecutions and the specific penalties applied.

Vulnerability of migrant workers to trafficking and forced labour. The Committee notes that, in its concluding observations of March 2014, the UN Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about the many cases of violence, abuse and exploitation experienced by women migrant workers who are mainly employed as domestic workers (CEDAW/C/BHR/CO/3, paragraph 39). While commending the adoption of Decision No. 79 of 2009 aimed at reforming the sponsorship system, the CEDAW expressed concern that the conditions set out in employment contracts could undermine the scope of the decision.

In this regard, the Committee recalls the importance of taking effective action to ensure that the system of employment of migrant workers, including migrant domestic workers does not place the workers concerned in a situation of increased vulnerability, particularly when they are subjected to abusive employment practices (for example, retention of passports, non-payment of wages, deprivation of liberty, and physical and sexual abuses). Such practices might cause their employment to be transformed into situations that could amount to forced labour. The Committee therefore encourages the Government to take the necessary measures to ensure that migrant workers, including migrant domestic workers, are fully protected from abusive practices and conditions of employment that amount to forced labour. The Committee requests the Government to provide information on the steps taken in this regard.

Articles 1(1) and 2(1). 1. Freedom of civil servants to leave their service. In its previous 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). The Committee pointed out that the prohibition from resigning under menace of imprisonment places a constraint upon the persons concerned to continue working. In this regard, the Government had previously indicated that the comments of the Committee would be taken into account in the framework of the ongoing legislative reform process with a view to bringing the national legislation into conformity with the Convention.

While noting that the Government’s latest report contains no information in this regard, the Committee notes the Government’s reference in its report submitted under the Abolition of Forced Labour Convention, 1957 (No. 105), to Law No. 51 of 2012 amending several provisions of the Penal Code. The Committee notes, however, that the above law does not seem to amend sections 293(1) and 297. The Government also indicates that the process to amend the Penal Code is still underway. The Committee expresses the firm hope that the necessary measures will be taken, in the context of the current legislative review process, in order to bring sections 293(1) and 297 of the Penal Code into conformity with the Convention. The Committee requests the Government to provide, in its next report, 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.

The Committee previously noted that, pursuant to section 74 of the Civil Service Act (No. 35 of 30 July 2006), 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, however, that under the above provision a request for resignation can be either accepted or rejected, and therefore a service is not automatically terminated after the expiration of the notice period. In this connection, the Committee notes the Government’s indication that the resignation of civil servants is governed by section 27 of the Civil Service Act No. 48 of 2010, which is drafted in similar terms to those set out in the 2006 Act. While noting the Government’s repeated statement that a decision on the application to resign can only be suspended if an employee is under investigation, the Committee once again draws the Government’s attention to the fact that statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length are incompatible with the Convention. The Committee therefore expresses the firm hope that the necessary measures will be taken in order to bring section 27 of the Civil Service Act No. 48 of 2010 into conformity with the Convention, either by eliminating the possibility to reject a resignation after the expiration of the notice period, or by limiting provisions preventing workers from leaving their employment to emergency situations. The Committee requests the Government to provide information on the progress made in this regard.

2. Freedom of career members of the military 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 Defence 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, members 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)).

The Committee notes the Government’s statement that due to the nature of the work performed by security and military personnel, the resignation of military officers is subject to specific conditions. The Government also indicates that, in view of the confidentiality of military information, it would not be possible to provide statistics on the number of applications for resignation which have been accepted or rejected, and the grounds for refusal. While noting this information, the Committee recalls that career military personnel may not be denied the right to leave the service in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length. The Committee therefore trusts that the necessary measures will be taken to amend the above provisions in order to ensure that career military officers and other categories of military personnel have the right to resign in time of peace, subject to reasonable notice, and that the Government will be able to provide, in its next report, information on the progress made in this regard.

Article 2(2)(c). Prison labour. The Committee had previously noted the Government’s indication that, under the Prisons Act of 1964, convicts performing compulsory prison labour cannot be hired to, or placed at the disposal of, private individuals, companies or associations. In this connection, the Committee notes from the website of the Shura Council that a new draft Prisons Act has been under discussion at the Council since 2012. The Committee requests the Government to provide, with its next report, updated information on the adoption of the draft Prisons Act, indicating, in particular, whether the draft law allows the hiring out of prison labour to private enterprises and individuals. The Committee requests the Government to supply a copy of the new Prisons Act, if applicable.