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

Abolition of Forced Labour Convention, 1957 (No. 105) - Bahrain (Ratification: 1998)

Other comments on C105

Observation

Direct Request

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Article 1(c) and (d) of the Convention. Punishment for breaches of labour discipline and participation in strikes in the public services. The Committee previously noted, referring also to its comments addressed to the Government under the Forced Labour Convention, 1930 (No. 29), that section 293(1) of the Penal Code provides for penalties of imprisonment (which involve compulsory prison labour pursuant to section 55 of the Penal Code) in a situation “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). According to section 294(1), a punishment of imprisonment may be also inflicted upon a civil servant who relinquishes his office or refuses to discharge any of his official duties with the intent of obstructing the pursuit of business or causes any disruption to the pursuit thereof. While noting the Government’s indication that the process of amending the Penal Code is still under way, the Committee draws the Government’s attention to the fact that the wording of the abovementioned sections of the Penal Code is broad enough to lead to the imposition of such penalties in a wide range of circumstances, including for breaches of labour discipline and participation in strikes in the public services, and is therefore incompatible with the Convention. The Committee therefore trusts that the necessary measures will be taken, in the framework of the current law review process, in order to bring sections 293(1), 294(1) and 297 of the Penal Code into conformity both with this Convention and Convention No. 29, and that the Government will be able to provide, with its next report, information on any developments in this regard.