Solicitud directa (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

The Committee notes the Government’s statement that a draft Labour Code for the private sector has been submitted to Parliament for discussion and that the revision process has taken into consideration all comments made by the Committee of Experts. The Committee further notes that the Government’s very brief report contains no reply to its previous comments. It hopes that the new Labour Code will take into account the relevant points raised by the Committee regarding the application in law of the Convention, and that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. Application in law. In its previous comments, the Committee noted the Government’s clarification in respect of article 18 of the Constitution that the term “origin” is intended to cover both social and national origin and that the term “creed” covers political and religious creed. The Government also reiterates its view that non-discrimination in employment was ensured by the fact that the provisions of the Labour Code equally applied to all workers, regardless of nationality, sex, religion, political convictions or any other ground referred to in Article 1 of the Convention. The Committee also notes the Government’s indication that a dismissal on discriminatory grounds would be considered as dismissal without legitimate reason under section 110 of the Labour Code. Noting from the Government’s report that no cases concerning discrimination in employment or occupation have been brought before the courts, the Committee is of the view that this raises doubt as to the effectiveness of legal protection currently available for work-related discrimination. It also draws to the Government’s attention that article 18 of the Constitution does not prohibit discrimination on the basis of race and colour and that it does not appear to protect non-nationals from discrimination on the grounds listed in the Convention, which may leave the many foreign workers living in the country without legal protection from such treatment. The Committee therefore encourages the Government to review and amend the labour legislation with a view to introducing an explicit definition and prohibition of discrimination in accordance with the Convention. Such a prohibition should cover all the grounds of discrimination referred to in the Convention, all aspects of employment, including recruitment, access to vocational training, all terms and conditions of employment, and dismissal. Please keep the Committee informed of any measures taken in this regard.

2. Recalling its previous comments concerning the exclusion of domestic workers, casual workers and agricultural workers from the scope of the Labour Code, the Committee notes the Government’s statement that these workers were protected under civil law. In addition, some provisions of the Labour Code applied to them and they had the right to submit complaints to the Ministry of Labour and Social Affairs. The Committee requests the Government to indicate the provisions of the Labour Code and other relevant legislation that apply to domestic workers, casual workers and agricultural workers and the number and nature of complaints lodged by these workers with the Ministry of Labour and Social Affairs.

3. Discrimination on the basis of sex. Sexual harassment. Recalling its 2002 general observation on this issue, the Committee notes the Government’s statement that sexual harassment is prohibited under the Penal Code. Noting that the Penal Code establishes the crimes of rape and sexual assault, the Committee considers that these provisions may not provide adequate protection against sexual harassment at the workplace, as certain practices or behaviour may not amount to such crimes, but nevertheless constitute discrimination on the basis of sex. The Committee requests the Government to indicate whether any cases of sexual harassment in the workplace have been brought before the courts under the relevant provisions of the Penal Code. It encourages the Government to take specific measures to define, prohibit and prevent sexual harassment in the workplace.

4. Article 2. National policy to promote equality of opportunity and treatment in employment and occupation. The Committee notes the Government’s statement that at present there is no specific policy on equal opportunities in employment and occupation but that the Government has endeavoured to strengthen legal texts with respect to equality between men and women. The Committee also notes from the seventh periodic report submitted by the Government under the International Convention on the Elimination of All Forms of Racial Discrimination (CERD/C/4432/Add.1, 22 September 2004, paragraph 18) that a Higher Council for Women was established in November 2003. The Council has the task, inter alia, of elaborating a national plan for the advancement of women. The Committee requests the Government to provide information on the progress made in the adoption and implementation of the envisaged action plan for the advancement of women and hopes that the action plan will contain specific measures to promote women’s equality in education, training and employment and occupation. The Committee also asks the Government to indicate the steps taken to adopt a national policy to promote equality of opportunity and treatment on the grounds of race, colour, political opinion, religion, national extraction, and social origin.

5. Equal access of men and women to employment and occupation. The Committee recalls its previous comments concerning article 5(b) of the Constitution, which provides that the State guarantees reconciliation of the duties of women towards the family with their work in society. The Committee considered that there was some possible tension between this provision and the principle of equality of opportunity and treatment. In reply, the Government states that granting certain rights to women due to the nature of their social role in the family was not contrary to the principle of equality of men and women. The Committee notes that special measures to assist workers to reconcile family and work duties are indeed welcome. However, the adoption of such measures should bear witness to the recognition that family responsibilities are relevant to the family and society and not solely to women; therefore, efforts must be made to avoid stereotypical treatment of women that in practice may result in their direct or indirect discrimination in employment and occupation. The Committee therefore requests the Government to provide information on the specific measures taken to assist women in reconciling work and family responsibilities.

6. In this context, the Committee notes from the documentation supplied by the Government that various forms of discrimination against women in employment and occupation exist in practice, for instance with respect to access to vocational training and career advancement. It also notes that according to estimates for 2001 by the Central Statistic Organization the labour participation rate of Bahraini women was as low as 10.9 per cent, as compared to 44.7 per cent among Bahraini men. The Committee asks the Government to supply information on any measures taken to actively promote and ensure women’s equality of opportunity in respect of access to employment and occupation. While welcoming the Government’s commitment and activities to enhance the vocational efficiency of workers through skills development and training, it asks the Government to provide information on the measures taken to promote equal participation of men and women in the broadest possible range of occupations, including regarding occupations that have been traditionally carried out by men. It also requests the Government to elaborate on the law and practice with regard to women’s access to judicial posts.

7. Further, the Committee refers once again to section 63 of the Labour Code (second phrase) which, according to the English translation published by the Ministry of Labour and Social Affairs provides that “the Minister for Labour and Social Affairs shall make an order prescribing the occupations and jobs in respect of which an employer may offer alternative employment to a female worker because of her marriage”. However, the Government states that section 63 of the Labour Code merely prohibits the employer from dismissing female workers due to marriage, pregnancy or giving birth. The Committee requests the Government to confirm that section 63 has been amended to the effect that it no longer authorizes the Ministry of Labour and Social Affairs to prescribe occupations and jobs in respect of which an employer may offer alternative employment to female workers because of their marriage, and to provide full information on any restrictions or exclusion in respect of employment and occupation imposed on women, in law or in practice, due to marriage or family responsibilities. Please also indicate whether any orders have been issued under section 65 of the Labour Code with respect to the employment of women and their conditions of work and to provide the text of any such order.

8. Article 3(d). Public employment. The Committee notes the Government’s statement that government employees are covered by the Civil Service Regulations and that a Civil Service Act was being discussed in Parliament. The Committee hopes that the Civil Service Act will provide for equality of opportunity and treatment in respect of all aspects of employment, including recruitment, promotion, and allowances and benefits. The Committee requests the Government to provide a copy of the Civil Service Regulations and the Civil Service Act, as soon as promulgated.

9. Article 4. Measures affecting persons justifiably suspected of, or engaged in, activities prejudicial to the security of the State. The Committee requests the Government to provide information on any legislative or administrative measure that may have been taken concerning persons justifiably suspected, or engaged in, activities prejudicial to the security of the State, which may restrict these persons’ access to employment and occupation, and the procedural remedies available to challenge such action.

10. Part V of the report form. Statistical information. The Committee requests the Government to provide statistics, disaggregated by sex, on the distribution of men and women (nationals and non-nationals) in the various areas of economic activities and occupations in the public and private sectors, as well as in the different areas of vocational training.