Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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 measures taken by the National Referral Mechanism for Victims of Trafficking in Persons (NRSVT), as well as on the court proceedings initiated in cases of trafficking in persons, both for purposes of sexual and labour exploitation, and the penalties imposed.

The Committee notes the Government’s indication in its report that the implementation of the NRSVT includes four stages, namely: (i) the victim identification stage, during which an individual is classified as a potential victim of trafficking in persons on the basis of preliminary indicators; (ii) the documentation stage, during which the National Referral Mechanism (NRM) team provides emergency services and assistance to the victim, such as shelter and healthcare, which are available at the Migrant Worker Protection Centre, and prepares a case file; (iii) the observation stage , during which, based on the nature of the case and its requirements, it is referred to the competent authorities for appropriate legal measures; and (iv) the protection stage , during which the victims are provided support to recover and enable them to return to their country or re-integrate into employment. The Government indicates that, from 2018 to 2020, more than 600 migrant workers benefited from the NRSVT, including its shelter, health and legal services. The Committee also notes the Government’s information that, between 2017 and 2020, more than 30 persons who were accused of crimes related to trafficking in persons and sexual exploitation were referred to the public prosecution. The competent courts delivered verdicts for around 16 defendants, and handed down prison terms, ranging from ten years to life imprisonment for some, while others received prison sentences ranging from one to five years and fines. Moreover, the competent courts are still hearing a number of cases in this area. The Committee requests the Government to continue its efforts to identify, investigate and prosecute all those who are involved in the trafficking of persons, including trafficking for labour exploitation. It also requests the Government to continue providing information on the court proceedings initiated in cases of trafficking in persons, both for purposes of sexual and labour exploitation, and the penalties imposed as well as information on the number of trafficked persons who have benefited from the NRSVT services.

Articles 1(1) and 2(1). Freedom of career members of the military forces to leave their service. In its previous comments, the Committee noted that although section 60 of the Law No. 32 of 2002 on the Defence Force entitles any officer to leave the service once his/her resignation has been accepted, it does not specify the the due time for the authority to hand down such decision. It therefore requested 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.

The Committee notes the Government’s information that the resignation request submitted by a member of the Bahrain Defence Force will not be rejected except in time of war or in an emergency. The official has the right to resign or request retirement in peacetime in accordance with the terms and conditions established by the General Command. The length of time for announcing the acceptance of a resignation varies according to the military rank of the official requesting the resignation.