Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Other comments on C105

Observation

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Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views, or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted that penalties of imprisonment (involving compulsory prison labour pursuant to section 55 of the Penal Code) may be imposed under the following provisions of national legislation in circumstances that are contrary to, or incompatible with, the Convention:

-Section 22 of Legislative Decree No. 47 of 2002 governing the press, printing and publishing: publishing or circulating publications which have not been authorized for circulation.
-Section 68 of the abovementioned Legislative Decree: harming or criticizing the official religion of the State, its foundations and principles; criticizing the King or blaming him for any act of the Government.
-Section 25 of Act No. 26 of 23 July 2005 on political associations: violating any provision of the Act for which no specific penalty is provided for.
-Section 13 of Act No. 32 of 2006, which amends Legislative Decree No. 18 of 5 September 1973 governing public assemblies, meetings and processions: organization of, or participation in, public meetings, processions, demonstrations and gatherings without notification, or in violation of an order issued against their convening; violating any other provision of the Act.
-Section 168 of the Penal Code: the dissemination of false reports and statements, as well as the production of publicity seeking to damage public security or cause damage to the public interest.
-Section 169 of the Penal Code: the publication of false reports or forged documents that could undermine the public peace or cause damage to the country’s supreme interest.

The Committee expressed the firm hope that the Government would take the necessary measures, in the framework of the ongoing law review process, to ensure that no prison sentences involving compulsory labour are imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system.

The Committee notes that the Penal Code was amended in 2015. However, the Committee notes with regret that despite the amendments, sections 168 and 169 remain virtually the same. The Committee notes the Government’s indication that the abovementioned provisions aim to protect the public order as well as the sovereignty of the State. It adds that no court decisions had been handed down under these provisions. In this regard, the Committee notes that the scope of the provisions referred to above is not limited to violence or incitement to violence, but provides for political coercion and the punishment of the peaceful expression of non-violent views that are critical of government policy and the established political system, and for the punishment of various non-violent actions affecting the constitution or functioning of political associations, or organization of meetings and demonstrations, with penalties involving compulsory labour. The Committee recalls that legal guarantees of the rights to freedom of thought and expression, freedom of peaceful assembly, freedom of association, as well as freedom from arbitrary arrest, constitute an important safeguard against the imposition of compulsory labour as a punishment for holding or expressing political or ideological views, or as a means of political coercion or education (see General Survey on the fundamental Conventions, 2012, paragraph 302). The Committee therefore urges the Government to take all necessary measures, in both law and practice, to ensure that no penalties involving compulsory labour may be imposed for the peaceful expression of political views, or views opposed to the established system, for example, by clearly restricting the scope of these provisions to situations connected with the use of violence or incitement to violence, or by repealing sanctions involving compulsory labour. The Committee requests the Government to provide information on any progress made in this respect.

Article 1(c) and (d). Punishment for breaches of labour discipline and participation in strikes in the public services. The Committee previously noted 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. The Committee noted the Government’s indication that the Penal Code was under a process of amendment.

The Committee notes the Government’s indication that sections 293(1) and 297 aim at achieving the continuity of certain services, such as the medical services, as well as avoiding the interruption of services that can cause inconvenience to the community. The Government also indicates that no court decisions have been handed down under the abovementioned provisions of the Penal Code.

The Committee notes with regret that despite the 2015 amendments to the Penal Code, sections 293(1) and 297 remain virtually the same.

The Committee recalls that the imposition of sanctions involving compulsory labour as a punishment for breaches of labour discipline or for having peacefully participated in strikes is incompatible with the Convention. It also points out that, pursuant to Article 1(c) of the Convention, sanctions involving compulsory labour for breaches of labour discipline may only be applied if such breaches impair or are likely to endanger the operation of essential services, or in cases of wilful acts which would endanger the safety, health or life of individuals. The Committee observes in this connection that the abovementioned sections of the Penal Code are worded in terms broad enough to lead to the imposition of imprisonment, which involves an obligation to perform labour, in situations covered by Article 1(c) and (d) of the Convention. The Committee therefore requests the Government to take the necessary measures in order to bring sections 293(1), 294(1) and 297 of the Penal Code into conformity with the Convention, and to ensure that no sanctions involving compulsory labour may be imposed as a punishment for breaches of labour discipline or for peaceful participation in strikes. The Committee requests the Government to provide information on the progress made in this regard.