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

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

Other comments on C029

Observation

Direct Request

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the application of the Law on Combating Human Trafficking (2008) in practice.

The Committee notes the Government’s indication in its report that, a certain number of measures have been taken to address trafficking in persons, including: (i) the organization of training workshops on the issue of trafficking for relevant stakeholders in order to help them identify cases of trafficking in persons; (ii) the establishment of a shelter for victims of trafficking that provides legal and health services for the victims; (iii) the development of hotline services that provide assistance in different languages; and (iv) the development of awareness-raising campaigns for the general public on trafficking in persons, through media advertisements and the distribution of booklets with emergency numbers. The Committee also notes that a National Referral Mechanism for Victims of Trafficking in Persons (NRSVT) has been established in 2017 by the National Committee to Combat Trafficking. This mechanism aims to promote anti-trafficking procedures, regulate the role of private employment agencies, and develop mechanisms to deal with cases of trafficking. Under this system, any complaint related to trafficking of persons has to be swiftly assessed and then transferred to the relevant authorities (Ministry of Interior, Public Prosecutor). Generally, a five-day process is needed during which officials determine whether an individual is a victim of trafficking. If this is the case, then the second stage involves a 45-day information and evidence gathering period. If there is a court verdict that classifies a victim of trafficking, then another process will start to protect the rights of this victim, including the provision of compensation. Noting the efforts made to combat trafficking in persons, the Committee requests the Government to provide information on the measures taken by the National Referral Mechanism for Victims of Trafficking in Persons (NRSVT), as well as the results achieved, including information on the number of trafficked persons who have benefited from the NRSVT services. The Committee also requests the Government to provide information on the court proceedings initiated in cases of trafficking in persons, both for purposes of sexual and labour exploitation, and the penalties imposed.

Articles 1(1) and 2(1). 1. Freedom of civil servants to leave their service. In its previous comments, the Committee noted that under section 27 of the Civil Service Act No. 48 of 2010, 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.

The Committee notes the Government’s indication that a decision on the application to resign can only be suspended if an employee is under investigation. The Committee also notes that, for certain jobs where the acceptance of resignation results in disruption to the flow of work, the competent authority shall have the right to defer the acceptance of the resignation for a period not exceeding three months from the date of submission of the resignation.

2. Freedom of career members of the military forces to leave their service. In its previous comments, the Committee requested the Government to take the necessary measures to amend some provisions of Legislative Decree No. 16 of 1977 governing the service of military officers in the Defence Force 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.

The Committee notes the Government’s indication that Law No. 32 of 2002 on the Defence Force of Bahrain has been adopted to replace the previous Legislative Decree No. 16 of 1977. It notes that under section 60 of the Law, any officer is entitled to leave the service once his/her resignation has been accepted. The Committee notes that neither the law, nor the Government’s report specify the due time for the authority to hand down the decision. The Committee therefore requests the Government to provide information on the procedure for the resignation of career members of the military forces, indicating in particular whether the request for resignation can be refused, and the grounds for this refusal.

Article 2(2)(c). Prison labour. In its previous comments the Committee requested the Government to provide updated information on the adoption of the draft Prison Act. The Committee takes due note of the adoption of the Prison Act No. 18 of 2014. The Committee notes that under section 18 of the Act prisoners perform work, either inside or outside the premises of the prison. The Committee further notes that, section 26 provides that, prisoners who perform work outside the premises of the prison must sign an agreement on a voluntary basis and are remunerated 20 per cent of the value of what they produce.