Observation (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 29) sur le travail forcé, 1930 - Bahreïn (Ratification: 1981)

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Observation

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The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2017.

Articles 1(1), 2(1) and 25 of the Convention. Vulnerable situation of migrant workers to conditions of forced labour. 1. Migrant workers. In its previous comments, the Committee referred to the concluding observations of the UN Committee on the Elimination of Discrimination against Women (CEDAW) in which it expressed concern about the conditions of work of migrant domestic workers.

The Committee notes that the ITUC asserts in its observations that migrant workers constitute around 77 per cent of Bahrain’s workforce working in different sectors of the economy, including domestic work, construction and service industries. According to the ITUC, the Government has repeatedly maintained that migrant workers in Bahrain are not subject to the sponsorship (kafala system) and may change their employment without needing the permission of their sponsor. However, the change of employment continues to depend on the approval of the Labour Market Regulatory Authority (LMRA), a government body under the authority of the Ministry of Labour. Ministerial Order No. 79 of 16 April 2009 continues to allow employers to include in the employment contract a requirement limiting the approval of a transfer to another employer for a specified period.

According to the ITUC, in May 2017, the Ministry of Interior introduced a pilot scheme for a flexible working permit (FLEXI) for limited categories of irregular migrant workers. Accordingly, irregular migrant workers who are currently working in Bahrain are permitted to work without a sponsor, provided they cover certain expenditures, such as an annual fee for a work permit (200 Bahraini dinar (BHD), US$530), an annual health care fee (BHD144, $381) and a monthly social insurance fee (BHD30, $80). The ITUC adds that, workers who have a sponsor are not eligible for the FLEXI working permit. Skilled workers and “runaway criminals”, a category that includes workers who have escaped abusive employers, are also not eligible for the scheme. Moreover, workers must provide a valid passport in order to apply for a permit. However, many migrants who are trapped in an irregular situation are not in possession of their passport due to the confiscation of their passport by their employer.

The Committee notes the Government’s indication in its report that the FLEXI working permit has been initiated to allow any migrant worker working in abusive conditions to request a new working permit in order to work for a new employer. Under the FLEXI working permit, the labour contract will regulate the labour relationship between parties, and therefore migrant workers will benefit from the social protection scheme, including health care and legal protection. This system also aims to address the issue of irregular employment and protect migrant workers from exploitation and trafficking. The Committee observes that the FLEXI working permit, as initiated in 2017 (Regulation No. 108 of 2017), is a renewable two-year permit which allows the eligible person to live and work in the country without an employer (sponsor) where he or she can work in any job with any number of employers on a full or part-time basis. Migrant workers with either a terminated work permit, or an expired one are eligible for the FLEXI working permit provided they are in possession of a valid passport. Moreover, under such a permit migrant workers will be working on a contract basis and will have a renewable two-year residency and re-entry visa. In addition, the LMRA is in charge of monitoring this pilot initiative and provides quick services to both employers and migrant employees to better understand the new procedures of recruitment. The Committee notes that, in order to apply for the FLEXI working permit, a migrant worker needs to pay an amount of BHD449 ($1,190) to the LMRA. Such an amount includes a one-time fee for the FLEXI permit, the health-care fee, fee for the extension of the contract, as well as a one-time refundable deposit.

The Committee notes that as a pilot scheme, the FLEXI working permit is a first step that could facilitate the transfer of migrant workers’ services to a new employer, thereby enabling them to freely terminate their employment. In this regard, the Committee urges the Government to pursue its efforts to ensure that, in practice, migrant workers are not exposed to practices that might increase their vulnerability, in particular, in matters related to passport confiscation. The Committee requests the Government to provide further information on the application in practice of the FLEXI working permit, including information on the number of employment transfers that have recently occurred following the implementation of the FLEXI.

2. Migrant domestic workers. The Committee further notes that with regard to the situation of domestic workers, the ITUC states that there are more than 105,200 domestic workers in Bahrain who are subject to exclusion from the coverage of a number of labour law provisions, including from weekly rest days or from a limit on working hours. There is no stipulation of a minimum wage, which allows employers to pay wages as low as BHD35 ($92) per month, averaging BHD70 ($186). Many work up to 19-hour days with minimal breaks, and no days off. Many have reported that they were prevented from leaving their employers’ homes, and some said they received little food. Government and NGO officials report that physical abuse and sexual assault of female domestic workers are significant problems in Bahrain. There is also an absence of labour inspection into the working conditions of domestic workers. According to the ITUC, domestic workers are also explicitly excluded from the FLEXI scheme.

The ITUC further indicates that, in 2016, five investigations for forced labour and five involving domestic workers were reported. The public prosecutor received referrals from the LMRA of 13 recruitment offices allegedly involved in forced labour. However, there is no information available as to how each case has been dealt with and what sanctions have been imposed as a result.

The Committee notes the absence of information from the Government concerning this issue. The Committee recalls the importance of taking effective action to ensure that the system of the employment of migrant domestic workers does not place the workers concerned in a situation of increased vulnerability, particularly where they are subjected to abusive employer practices, such as retention of passports, non-payment of wages, indecent conditions of work, deprivation of liberty and physical and sexual abuse. Such practices might cause their employment to be transformed into situations that could amount to forced labour. The Committee requests the Government to take the necessary measures to ensure that migrant domestic workers are fully protected from abusive practices and conditions that could amount to forced labour. It also requests the Government to indicate the measures taken to guarantee the prohibition of passport confiscation, and to ensure that recruitment fees are not charged to workers, or that they are reimbursed subsequently by the employer if this is the case. Noting that migrant domestic workers are excluded from the national legislative framework, the Committee requests the Government to indicate the legislative and practical measures taken or envisaged to provide effective protection for this category of workers.

The Committee is raising other points in a request addressed directly to the Government.