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

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

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views, or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted that penalties of imprisonment (involving compulsory prison labour pursuant to section 55 of the Penal Code) may be imposed under the following provisions of national legislation in circumstances falling within the scope of the Convention:

• – Legislative Decree No. 47 of 2002: section 22 – governing the press, printing and publishing: publishing or circulating publications which have not been authorized for circulation; section 68 – harming or criticizing the official religion of the State, its foundations and principles; and criticizing the King or blaming him for any act of the Government.
• – Act No. 26 of 23 July 2005 on political associations: section 25 – violating any provision of the Act for which no specific penalty is provided for.
• – Legislative Decree No. 18 of 5 September 1973 governing public assemblies, meetings and processions as amended by Act No. 32 of 2006: section 13 – organization of, or participation in, public meetings, processions, demonstrations and gatherings without notification, or in violation of an order issued against their convening; violating any other provision of the Act.
• – The Penal Code: section 168 – the dissemination of false reports and statements, as well as the production of publicity seeking to damage public security or cause damage to the public interest; and section 169 - the publication of false reports or forged documents that could undermine the public peace or cause damage to the country’s supreme interest.

The Committee noted with regret that despite the amendments made to the Penal Code in 2015, sections 168 and 169 remained the same. The Government indicated that the abovementioned provisions aim to protect the public order as well as the sovereignty of the State.

The Committee notes the Government’s information in its report that all the above-mentioned provisions provide for imprisonment as one of the penalties for their violation, however there is no reference to the performance of compulsory labour. The provisions under section 168 of the Penal Code refer to damaging the national security and threatening public peace as a criterion for punishment which is excluded from the principles of the Convention. The Government states that according to section 55 of the Penal Code “Every person sentenced to a punishment involving deprivation of liberty, shall perform the labour to which he/she is assigned in prison, in accordance with the Law and with due regard to his/her circumstances, and with the intent of reforming and qualifying him/her for integration into the community.” The Government stresses that the work assigned to prisoners is preliminary to post-prison rehabilitation and training programmes and that it has never been a form of hard labour, revenge, or a means for gain or economic benefit. The Government further refers to the Reform and Rehabilitation Institution Law No. 18 of 2014 which regulates the employment of inmates. The Government therefore considers that the provisions under the abovementioned legislation do not fall within the scope of the Convention. It further states that the court rulings regarding the above-mentioned laws do not include references to forcing the convict to perform a particular job, instead they refer to the type and duration of the penalty and the amount of the fine.

The Committee points out that even though the penalties prescribed for the violation of the above-mentioned provisions do not specifically refer to compulsory labour, they include the sanction of imprisonment which, if imposed, involve an obligation for the prisoner to perform work as per section 55 of the Penal Code. The Committee recalls that the Convention protects persons who hold or express political views or views ideologically opposed to the established political, social or economic system by prohibiting the imposition on them of sanctions of imprisonment, which may involve compulsory labour. The Committee stresses that the purpose of the Convention is to ensure that no form of compulsory labour, including compulsory prison labour exacted from convicted persons, is imposed in the circumstances specified in the Convention, which are closely interlinked with the exercise of civil liberties. The Committee has already stressed that the range of activities which must be protected from punishment involving compulsory labour comprises the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media), as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views. While recognizing that certain limitations may be imposed on these rights and freedoms as normal safeguards for public order to protect society, such limitations must be strictly within the framework of the law (paragraph 302 and 303 of the 2012 General Survey on the fundamental Conventions). The Committee considers that it is not necessary to use prison sentences involving compulsory labour to maintain public order. Nevertheless, the protection provided for by the Convention does not extend to persons who use violence, incite to violence or engage in preparatory acts aimed at violence. In this regard, the Committee notes that the UN Human Rights Committee in its concluding observations of 2018, expressed concern about the serious restrictions imposed on freedom of expression and the large number of arrests and prosecutions of individuals criticizing State authorities or political figures, including through social media (CCPR/C/BHR/CO/1, paragraph 53). The Committee therefore strongly urges the Government to take the necessary measures to amend the above-mentioned provisions, by limiting their scope to acts of violence or incitement to violence, or by replacing sanctions of imprisonment involving compulsory labour with other kinds of sanctions (e.g. fines), in order to ensure that no form of compulsory labour (including compulsory work assigned to a prisoner pursuant to section 55 of the Penal Code, be it for reforming or rehabilitative purposes) may be imposed on persons who, without using or advocating violence, express certain political views or oppositions to the established political, social or economic system. Pending the adoption of such measures, the Committee requests the Government to provide information on the application in practice of the abovementioned provisions, including copies of the court decisions, and indicating the prosecutions carried out, the penalties imposed and the grounds for such decision.

Article 1(c) and (d). Punishment for breaches of labour discipline and participation in strikes in the public services. The Committee previously noted that section 293(1) of the Penal Code provides for penalties of imprisonment (which involve compulsory prison labour pursuant to 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). According to section 294(1), 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 to bring sections 293(1), 294(1) and 297 of the Penal Code into conformity with the Convention.

The Committee notes the Government’s indication that the penalties under sections 293(1), 294(1) and 297 of the Penal Code were intended to ensure the compliance and smooth functioning of government institutions. The work relationship between the public servant and the government entity is regulated by the Civil Service Law No. 48 of 2010. Any matter concerning the employee’s resignation and the determination of whether such resignation has caused any harm to the institution shall be referred to the judiciary for adjudication. An employee who leaves or is absent from their workplace shall be punished in accordance with the aforementioned rules in the Civil Service Law and its Implementing Regulation, neither of which state that the employee is liable to imprisonment for leaving his/her workplace. The Government further states that no judicial rulings have been issued in accordance with the above-mentioned provisions against a group of public servants for agreeing together to abandon their workplace or refusing to perform their duties, whether by resigning or abstaining from performing their duties.

The Committee recalls that the imposition of sanctions involving compulsory labour as a punishment for breaches of labour discipline or for having peacefully participated in strikes is incompatible with the Convention. It also points out that, sanctions involving compulsory labour for breaches of labour discipline may only be applied if such breaches impair or are likely to endanger the operation of essential services, or in cases of wilful acts which would endanger the safety, health or life of individuals. The Committee observes in this connection that the abovementioned sections of the Penal Code are worded in terms broad enough to lead to the imposition of sanctions of imprisonment, which involve an obligation to perform labour, in situations covered by Article 1(c) and (d) of the Convention.  The Committee therefore once again requests the Government to take the necessary measures to bring sections 293(1), 294(1) and 297 of the Penal Code into conformity with the Convention by ensuring that no sanctions involving compulsory labour may be imposed as a punishment for breaches of labour discipline or for peaceful participation in strikes. The Committee requests the Government to provide information on the progress made in this regard.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views, or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted that penalties of imprisonment (involving compulsory prison labour pursuant to section 55 of the Penal Code) may be imposed under the following provisions of national legislation in circumstances that are contrary to, or incompatible with, the Convention:

• -Section 22 of Legislative Decree No. 47 of 2002 governing the press, printing and publishing: publishing or circulating publications which have not been authorized for circulation.
• -Section 68 of the abovementioned Legislative Decree: harming or criticizing the official religion of the State, its foundations and principles; criticizing the King or blaming him for any act of the Government.
• -Section 25 of Act No. 26 of 23 July 2005 on political associations: violating any provision of the Act for which no specific penalty is provided for.
• -Section 13 of Act No. 32 of 2006, which amends Legislative Decree No. 18 of 5 September 1973 governing public assemblies, meetings and processions: organization of, or participation in, public meetings, processions, demonstrations and gatherings without notification, or in violation of an order issued against their convening; violating any other provision of the Act.
• -Section 168 of the Penal Code: the dissemination of false reports and statements, as well as the production of publicity seeking to damage public security or cause damage to the public interest.
• -Section 169 of the Penal Code: the publication of false reports or forged documents that could undermine the public peace or cause damage to the country’s supreme interest.

The Committee expressed the firm hope that the Government would take the necessary measures, in the framework of the ongoing law review process, to ensure that no prison sentences involving compulsory labour are imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system.

The Committee notes that the Penal Code was amended in 2015. However, the Committee notes with regret that despite the amendments, sections 168 and 169 remain virtually the same. The Committee notes the Government’s indication that the abovementioned provisions aim to protect the public order as well as the sovereignty of the State. It adds that no court decisions had been handed down under these provisions. In this regard, the Committee notes that the scope of the provisions referred to above is not limited to violence or incitement to violence, but provides for political coercion and the punishment of the peaceful expression of non-violent views that are critical of government policy and the established political system, and for the punishment of various non-violent actions affecting the constitution or functioning of political associations, or organization of meetings and demonstrations, with penalties involving compulsory labour. The Committee recalls that legal guarantees of the rights to freedom of thought and expression, freedom of peaceful assembly, freedom of association, as well as freedom from arbitrary arrest, constitute an important safeguard against the imposition of compulsory labour as a punishment for holding or expressing political or ideological views, or as a means of political coercion or education (see General Survey on the fundamental Conventions, 2012, paragraph 302). The Committee therefore urges the Government to take all necessary measures, in both law and practice, to ensure that no penalties involving compulsory labour may be imposed for the peaceful expression of political views, or views opposed to the established system, for example, by clearly restricting the scope of these provisions to situations connected with the use of violence or incitement to violence, or by repealing sanctions involving compulsory labour. The Committee requests the Government to provide information on any progress made in this respect.

Article 1(c) and (d). Punishment for breaches of labour discipline and participation in strikes in the public services. The Committee previously noted that section 293(1) of the Penal Code provides for penalties of imprisonment (which involve compulsory prison labour pursuant to 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). According to section 294(1), 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 noted the Government’s indication that the Penal Code was under a process of amendment.

The Committee notes the Government’s indication that sections 293(1) and 297 aim at achieving the continuity of certain services, such as the medical services, as well as avoiding the interruption of services that can cause inconvenience to the community. The Government also indicates that no court decisions have been handed down under the abovementioned provisions of the Penal Code.

The Committee notes with regret that despite the 2015 amendments to the Penal Code, sections 293(1) and 297 remain virtually the same.

The Committee recalls that the imposition of sanctions involving compulsory labour as a punishment for breaches of labour discipline or for having peacefully participated in strikes is incompatible with the Convention. It also points out that, pursuant to Article 1(c) of the Convention, sanctions involving compulsory labour for breaches of labour discipline may only be applied if such breaches impair or are likely to endanger the operation of essential services, or in cases of wilful acts which would endanger the safety, health or life of individuals. The Committee observes in this connection that the abovementioned sections of the Penal Code are worded in terms broad enough to lead to the imposition of imprisonment, which involves an obligation to perform labour, in situations covered by Article 1(c) and (d) of the Convention. The Committee therefore requests the Government to take the necessary measures in order to bring sections 293(1), 294(1) and 297 of the Penal Code into conformity with the Convention, and to ensure that no sanctions involving compulsory labour may be imposed as a punishment for breaches of labour discipline or for peaceful participation in strikes. The Committee requests the Government to provide information on the progress made in this regard.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1(c) and (d) of the Convention. Punishment for breaches of labour discipline and participation in strikes in the public services. The Committee previously noted, referring also to its comments addressed to the Government under the Forced Labour Convention, 1930 (No. 29), that section 293(1) of the Penal Code provides for penalties of imprisonment (which involve compulsory prison labour pursuant to 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). According to section 294(1), 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. While noting the Government’s indication that the process of amending the Penal Code is still under way, the Committee draws the Government’s attention to the fact that the wording of the abovementioned sections of the Penal Code is broad enough to lead to the imposition of such penalties in a wide range of circumstances, including for breaches of labour discipline and participation in strikes in the public services, and is therefore incompatible with the Convention. The Committee therefore trusts that the necessary measures will be taken, in the framework of the current law review process, in order to bring sections 293(1), 294(1) and 297 of the Penal Code into conformity both with this Convention and Convention No. 29, and that the Government will be able to provide, with its next report, information on any developments in this regard.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views, or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted that penalties of imprisonment (involving compulsory prison labour pursuant to section 55 of the Penal Code) may be imposed under the following provisions of national legislation in circumstances that are contrary to or incompatible with the Convention:

• – Section 22 of Legislative Decree No. 47 of 2002 governing the press, printing and publishing: publishing or circulating publications which have not been authorized for circulation.
• – Section 68 of the abovementioned Legislative Decree: harming or criticizing the official religion of the State, its foundations and principles; criticizing the King or blaming him for any act of the Government.
• – Section 25 of Act No. 26 of 23 July 2005 on political associations: violating any provision of the Act for which no specific penalty is provided for.
• – Section 13 of Act No. 32 of 2006, which amends Legislative Decree No. 18 of 5 September 1973 governing public assemblies, meetings and processions: organization of or participation in public meetings, processions, demonstrations and gatherings without notification or in violation of an order issued against their convening; violating any other provision of the Act.

The Committee observed that the scope of these provisions is not limited to acts of violence or incitement to violence, but allows for political coercion and the punishment of the peaceful expression of opinions that are critical of government policy and the established political system; as well as for the punishment of various non-violent actions affecting the constitution or functioning of political associations, or organization of meetings and demonstrations, with penalties involving compulsory labour.

The Committee notes that the Government’s report contains no information on the issues raised with regard to the above provisions. The Government indicates, however, that Law No. 51 of 2012, which amends several provisions of the Penal Code, replaces sections 168 (punishing with imprisonment the dissemination of false reports and statements, as well as the production of publicity seeking to damage public security or cause damage to the public interest) and 169 (punishing with imprisonment the publication of false reports or forged documents that could undermine the public peace or cause damage to the country’s supreme interest). The Government also states that the amended provisions do not include an obligation to work in connection with the penalties established.

While noting this information, the Committee observes that the texts of amended sections 168 and 169 remain virtually the same, including with regard to the imposition of sanctions of two years’ imprisonment, which, by virtue of section 55 of the Penal Code, involves an obligation to work. The Committee recalls, referring also to paragraphs 302–304 of its 2012 General Survey on the fundamental Conventions, that the range of activities which must be protected from punishment involving compulsory labour under Article 1(a) of the Convention comprise the freedom to express political or ideological views, as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views and which may also be affected by measures of political coercion. In light of the above considerations, the Committee requests the Government to provide information on cases in which prison sentences have been imposed in recent years under any of the provisions referred to above, including information on the nature of offences that led to prison sentences. It expresses the firm hope that the Government will take the necessary measures, in the framework of the current law review process, to ensure that no prison sentences involving compulsory labour are imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system. The Committee requests the Government to provide information on the progress made in this regard.

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that penalties of imprisonment (involving compulsory prison labour by virtue of section 55 of the Penal Code) may be imposed under the following provisions of national legislation in circumstances falling within the scope of Article 1(a) of the Convention, namely:

–      section 22 of the Legislative Decree No. 47 of 2002 governing the press, printing and publishing: publishing or circulating publications which have not been authorized for circulation;

–      section 68 of Legislative Decree No. 47 of 2002: harming or criticizing the official religion of the State, its foundations and principles; criticizing the King or blaming him for any act of the Government;

–      section 25 of Act No. 26 of 23 July 2005 on political associations: violating any provision of the Act for which no specific penalty is provided for;

–      section 13 of Act No. 32 of 2006, which amends Legislative Decree No. 18 of 5 September 1973 governing public assemblies, meetings and processions: organization of or participation in public meetings, processions, demonstrations and gatherings without notification or in violation of an order issued against their convening; violating any other provision of the Act.

The Committee recalled, referring to paragraphs 152–166 of its 2007 General Survey on the eradication of forced labour, that the Convention does not prohibit punishment involving compulsory labour of persons who use violence, incite violence or engage in preparatory acts aimed at violence. But sanctions involving compulsory labour fall within the scope of the Convention if they enforce a prohibition of the peaceful expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by an administrative decision. Such views may be expressed orally or through the press or other communications media or through the exercise of the right of association or participation in meetings and demonstrations.

The Committee noted that the scope of the provisions referred to above is not limited to violence or incitement to violence, but provides for political coercion and the punishment of the peaceful expression of non-violent views that are critical of government policy and the established political system, and for the punishment of various non-violent actions affecting the constitution or functioning of political associations, or organization of meetings and demonstrations, with penalties involving compulsory labour.

The Committee notes the Government’s indication in its report that its comments have been forwarded to the competent bodies of the Kingdom of Bahrain, so as to take them into account when formulating new legislative instruments or amending current ones in order to bring them into conformity with the Convention. The Government also indicates that the Committee’s comments have been forwarded to the Ministry of Interior, which is responsible for the application of the penal legislation.

While noting these indications, the Committee reiterates its hope that the necessary measures will be taken with regard to the above provisions in order to bring national law into conformity with Article 1(a) of the Convention, e.g. by limiting their scope to the acts of violence or incitement to violence or by replacing sanctions involving compulsory labour with other kinds of sanctions, such as e.g. fines. Pending the adoption of such measures, the Committee again requests the Government to provide information on the application of these provisions in practice, including sample copies of the court decisions and indicating the penalties imposed.

Article 1(c) and (d). 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 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 Committee previously noted the Government’s indication in its 2006 report that a comprehensive revision of the Penal Code had been undertaken and that, in the course of the revision of the above sections of the Penal Code, the Committee’s comments would be taken into account. In its latest report, the Government indicates that the Committee’s comments have been forwarded to the competent bodies of the Kingdom of Bahrain, so as to take them into account when formulating new legislative instruments or amending current ones in order to bring them into conformity with the Convention. The Committee also notes the Government’s indication that its comments have been forwarded to the Ministry of Interior, which is responsible for the application of the penal legislation.

While noting these indications, the Committee reiterates the firm hope that the necessary measures will be taken in order 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.

Communication of texts. The Committee has noted the Prisons Act of 1974 communicated by the Government. It requests the Government once again to supply copies of the prison regulations and any other provisions governing prison labour.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Communication of texts. The Committee again requests the Government to supply copies of the prison regulations and any other provisions governing prison labour.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee has noted that penalties of imprisonment (involving compulsory prison labour, under section 55 of the Penal Code) may be imposed under the following provisions of national legislation in circumstances falling within the scope of Article 1(a) of the Convention, namely:

(a)   section 22 of Legislative Decree No. 47 of 2002 governing the press, printing and publishing (publishing or circulating publications which have not been authorized for circulation);

(b)   section 68 of the abovementioned Legislative Decree No. 47 of 2002 (harming or criticizing the official religion of the State, its foundations and principles; criticizing the King or blaming him for any act of the Government);

(c)   section 25 of Act No. 26 of 23 July 2005 on political associations (violating any provision of the Act for which no specific penalty is provided for);

(d)   section 13 of Act No. 32 of 2006, which amends Legislative Decree No. 18 of 5 September 1973 governing public assemblies, meetings and processions (organization of or participation in public meetings, processions, demonstrations and gatherings without notification or in violation of an order issued against their convening; violating any other provision of the Act).

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. Referring also to the explanations provided in
paragraphs 152–166 of its General Survey of 2007 on the eradication of forced labour, the Committee points out that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. But sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the peaceful expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision. Such views may be expressed orally or through the press or other communications media or through the exercise of the right of association or participation in meetings and demonstrations. Since freedom of expression of political views is closely linked to the right of association and of assembly through which citizens seek to secure the dissemination and acceptance of their views, any prohibitions enforced by penalties involving compulsory labour which affect the constitution or functioning of political parties or associations, or participation therein, or organization of meetings and demonstrations, may raise questions of their compatibility with the Convention.

The Committee notes that the scope of the provisions referred to above is not limited to violence or incitement to violence, but provides for political coercion and the punishment of the peaceful expression of non-violent views that are critical of government policy and the established political system, and for the punishment of various non-violent actions affecting the constitution or functioning of political associations, or organization of meetings and demonstrations, with penalties involving compulsory labour.

The Committee therefore hopes that the necessary measures will be adopted with regard to the above provisions in order to bring national law into conformity with Article 1(a) of the Convention, for example, by limiting their scope to the acts of violence or incitement to violence or by replacing sanctions involving compulsory labour with other kinds of sanctions, such as, for example, fines. Pending the adoption of such measures, it requests the Government to provide information on the application of the abovementioned provisions in practice, including sample copies of the court decisions and indicating the penalties imposed.

Article 1(c) and (d). 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 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 Committee previously noted the Government’s indication in its 2006 report that a comprehensive revision of the Penal Code had been undertaken and that, in the course of the revision of the above sections of the Penal Code, the Committee’s comments would be taken into account. In its latest report, the Government indicates that the Committee’s comments have been taken into account and submitted to the competent authorities of the Kingdom responsible for the organization of work in the civil service (the Civil Service Diwan) and for the application of the penal legislation (Ministry of Interior).

While noting these indications, the Committee expresses the firm hope that the necessary 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.

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

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.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s reply to its earlier comments. While noting the Government’s brief indications in its report concerning freedom of opinion and expression, with reference to articles 23, 24 27 and 28 of the Constitution of the Kingdom of Bahrain, the Committee repeats its request for 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 the regulations of 3 August 1987 regarding disciplinary measures applicable to public servants and requested the Government to provide copies of legislative texts governing the right to strike in the public service. It notes the Government’s brief indications in the report concerning guarantees of the right to strike in the public and private sector, with reference to section 21 of the Act on Trade Unions, 2002, which provides for the right to strike, subject to certain restrictions.

The Committee notes, however, 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 also be 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 draws the Government’s attention to the explanations in paragraphs 110-116 and 123-132 of its General Survey of 1979 on the abolition of forced labour, in which it pointed out that it is not incompatible with the Convention to impose penalties (even involving an obligation to perform labour) for participation in strikes in essential services in the strict sense of the term (that is, services whose interruption would endanger the life, personal safety or health of the whole or part of the population), or for participation in strikes in breach of freely concluded collective agreements, or in situations of force majeure. Similarly, the Convention does not protect persons responsible for breaches of labour discipline that impair, or are liable to endanger, the operation of essential services or which are committed in the exercise of functions that are essential to safety or in circumstances where life or health are in danger.

However, the Committee observes that the wording of the abovementioned sections 293(1), 294(1) and 297 of the Penal Code is broad enough to lead to the imposition of such penalties in a wider range of circumstances, which is not in conformity with the Convention.

The Committee has noted the Government’s indication, in its latest report on the application of Convention No. 29, that the body of legislation as a whole is being currently re-examined within the framework of the legislative reform project of the King, and that revision of the above sections of the Penal Code could be undertaken in this context, taking due account of the provisions of the Convention. The Committee therefore expresses its firm 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.

Pending the revision, the Committee requests the Government to provide information on the application of the above penal provisions in practice, supplying copies of the court decisions and indicating the penalties imposed.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request.

1. Article 1(d) of the Convention. Right to strike of public servants. The Committee notes the Regulations of 3 August 1987 with respect to disciplinary measures applicable to public servants. According to the schedule setting out violations and the corresponding penalties attached to the above Regulations, disciplinary measures are envisaged against public servants who participate in a strike or an unauthorized demonstration.

The Committee requests the Government to provide copies of legislative texts governing the right to strike of public servants and those governing public demonstrations and assembly. In particular, it requests the Government to indicate the criteria upon which the competent authority may prohibit a demonstration or a strike.

2. The Committee requests the Government to provide copies of the legislative texts referred to below so that it can ensure that the texts in question are applied in accordance with the Convention:

-  laws concerning freedom of expression and opinion, freedom of the press, freedom of association and freedom of assembly;

-  prison regulations;

-  legislative texts governing the right to strike of public servants;

-  the Code of Penal Procedure.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report.

1. Article 1(d) of the Convention. Right to strike of public servants. The Committee notes the Regulations of 3 August 1987 with respect to disciplinary measures applicable to public servants. According to the schedule setting out violations and the corresponding penalties attached to the above Regulations, disciplinary measures are envisaged against public servants who participate in a strike or an unauthorized demonstration.

The Committee requests the Government to provide copies of legislative texts governing the right to strike of public servants and those governing public demonstrations and assembly. In particular, it requests the Government to indicate the criteria upon which the competent authority may prohibit a demonstration or a strike.

2. The Committee requests the Government to provide copies of the legislative texts referred to below so that it can ensure that the texts in question are applied in accordance with the Convention:

-  laws concerning freedom of expression and opinion, freedom of the press, freedom of association and freedom of assembly;

-  prison regulations;

-  legislative texts governing the right to strike of public servants;

-  the Code of Penal Procedure.