Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Abolition of Forced Labour Convention, 1957 (No. 105) - Bahrain (Ratification: 1998)

Communication of texts. Further to its earlier comments, the Committee again requests the Government to supply copies of the legislation in force in the following fields: laws governing the press and other media; laws governing public assemblies, meetings and demonstrations; laws governing political parties and associations; prison regulations and any other provisions governing prison labour.

Article 1(c) and (d) of the Convention. Punishment for breaches of labour discipline and participation in strikes in the public service. The Committee previously noted, referring also to its comments addressed to the Government under Convention No. 29, likewise ratified by Bahrain, that section 293(1) of the Penal Code provides for penalties of imprisonment (which may involve compulsory prison labour, under section 55 of the Penal Code) in a situation “when three or more civil servants abandon their work, even in the form of resignation, if they do so by common accord with a view to achieving a common objective”. This provision is also applicable to persons who are not civil servants, but who perform work related to the public service (section 297 of the Penal Code). According to section 294(1) of the Penal Code, a punishment of imprisonment may be also inflicted upon a civil servant who relinquishes his office or refuses to discharge any of his official duties with the intent of obstructing the pursuit of business or causes any disruption to the pursuit thereof. The Committee requested the Government to take the necessary measures with a view to amending these provisions in order to bring them into conformity with the Convention.

The Government indicates in its report that a comprehensive revision of the Penal Code promulgated by Legislative Decree No. 15 of 1976, as amended, is currently being undertaken and that, in the course of the revision of the above sections of the Penal Code, the Committee’s comments shall be taken into account. Noting also the Government’s statement in the report that the above provisions have not been applied in practice, the Committee reiterates its hope that measures will be taken, in the course of the legislative reform, to bring legislation into conformity both with this Convention and Convention No. 29, and that the Government will soon be able to report the progress made in this regard.