Solicitud directa (CEACR) - Adopción: 2003, Publicación: 92ª reunión CIT (2004)

The Committee notes the information provided in the Government’s first and second reports as well as the attached documentation and statistics. It requests the Government to provide information on the following points.

1. Article 1 of the Convention. The Committee notes that some of the grounds of prohibited discrimination mentioned in article 18 of the Constitution differ, at least in the translation available in the Office, from the grounds contained in the Convention. Specifically, the Committee asks the Government if the term "origin" covers social origin and/or national extraction, and whether the term "creed" covers political opinion. Noting that no mention is made of the grounds of colour and race, the Committee asks the Government how discrimination in employment and occupation is prohibited on these grounds.

2. The Committee notes the Government’s assurance that the Labour Code for the private sector prohibits discrimination on the same grounds as those prohibited by the Constitution. However, the Committee also notes that the Code does not explicitly contain either a prohibition of discrimination or a definition of discrimination. Accordingly, the Committee asks the Government to give consideration to reviewing the Code with a view to introducing such an explicit prohibition, with respect to all the Convention’s grounds.

3. The Committee notes that the Bahraini Constitution recognizes the equal human dignity of all persons, and that it guarantees, as to citizens, equality of opportunity and freedom from discrimination based on sex, origin, language, religion or creed. However, the Committee also notes there is some possible tension between article 5 and article 18 so far as equal employment opportunities for women are concerned. Accordingly, it asks the Government to provide information as to how article 5 is applied in practice.

4. The Committee notes that the Code does not apply to government workers, and it accordingly asks the Government if there exists any other legislation specifically relating to such employees, and how discrimination is prohibited in accordance with the Convention. The Committee requests, in this regard, that the Government forward copies of the Civil and Military Regulations, as well as any other pertinent legislation.

5. The Committee notes that the Code does not apply to domestic servants, casual workers and many agricultural workers. Taking into account the large number of non-nationals working in the country, the Committee asks the Government to indicate how these workers are protected against discrimination.

6. The Committee notes that the Code prohibits dismissals "without legitimate reason", and asks the Government if, under the Code, a dismissal based on any of the grounds of discrimination contained in the Convention would be counted as a dismissal without legitimate reason.

7. Referring to its general observation of 2002, the Committee requests the Government to provide information on how sexual harassment is prohibited and prevented in employment and occupation.

8. Article 2. The Committee notes with appreciation the Government’s strong commitment to equal employment opportunities and the elimination of workplace discrimination, as expressed in its reports. It points out, however, that the reports contain little information as to any national policy of the sort required under Article 2 of the Convention. The Government is therefore requested to forward any information as to the existence and the nature of such a policy.

9. The Committee notes with interest the creation of the Committee for Human Rights. It asks the Government to provide information regarding the Committee’s activities and programmes specifically concerning anti-discrimination in employment, including any inquiries or recommendations it may have made regarding the impact of existing national legislation on the employment opportunities of women.

10. Article 3. The Committee notes the various Code provisions and related Ministerial Orders providing for a range of vocational training activities. In relation to these, it asks the Government for information regarding: (a) the activities of the High Council for Vocational Training, including its determination of training needs, its implementation of training programmes, and details as to the activities of any training institutes and centres created by it; (b) the activities and programmes carried out by qualitative councils for vocational training; and (c) vocational training provided for workers in the public sector. Additionally, the Government is requested to provide specific information on any policies and practices relating to these vocational training efforts that seek to ensure that the needs of groups subject to potential discrimination on any of the Convention’s grounds are taken into account.

11. The Committee notes that section 63 of the Labour Code permits an employer to offer "alternative employment to a female worker because of her marriage". It would be grateful if the Government were to indicate what this provision means, and how it is applied in practice. Noting also that section 65 of the Labour Code empowers the Minister for Labour and Social Affairs to make further orders "in respect of the employment of females and their conditions of work", the Committee request copies of any such Orders.

12. Article 4. The Committee asks the Government to provide relevant information regarding how compliance with Article 4 of the Convention is ensured.

13. Parts III and IV of the report form. The Committee asks the Government whether persons suffering from discrimination in employment prohibited by the Constitution may seek redress in the Constitutional Court, and if, in addition, they may have recourse to other courts on the same matters. In this regard, the Committee requests the Government to provide information regarding any decisions by any such courts, as well as regarding any administrative rulings, that relate to matters of discrimination on any of the Convention’s grounds.

14. Part V of the report form. The Committee notes with some concern the disparity in labour force participation between women and men, both nationals and non-nationals. It therefore asks the Government for information regarding potential obstacles that women, as compared to men, might meet in attempting to obtain employment, to win advancement, and to avoid unjustified dismissals. At the same time, the Committee asks the Government to provide information about any initiatives it may have undertaken or that are being planned, legislative or otherwise, to encourage the hiring, promotion, and retention of women, in both the public and private sectors.

15. The Committee notes with interest the Government’s participation in the National Gender Statistics Programme. It asks the Government to provide any statistics developed pursuant to this participation (or any other applicable statistics), disaggregated by sex, regarding: (1) the relative proportion of women in public and private employment, broken down by type of position and category of work; and (2) proportions of women, relative to men and relative to women in the labour force, hired, promoted, dismissed, and receiving vocational training, in both the public and private sectors. In the event that the Government has not collected statistics of this sort, the Committee asks the Government to work towards developing such statistics. Please also indicate if the Government is considering collecting statistics, disaggregated at least by ethnicity and national origin, regarding hirings, promotions, dismissals, and vocational training of non-Bahrainis in the labour force.