Forced Labour Convention, 1930 (No. 29) - Bahrain (Ratification: 1981)

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the measures taken by the National Referral Mechanism for Victims of Trafficking in Persons (NRSVT), as well as on the court proceedings initiated in cases of trafficking in persons, both for purposes of sexual and labour exploitation, and the penalties imposed.

The Committee notes the Government’s indication in its report that the implementation of the NRSVT includes four stages, namely: (i) the victim identification stage, during which an individual is classified as a potential victim of trafficking in persons on the basis of preliminary indicators; (ii) the documentation stage, during which the National Referral Mechanism (NRM) team provides emergency services and assistance to the victim, such as shelter and healthcare, which are available at the Migrant Worker Protection Centre, and prepares a case file; (iii) the observation stage , during which, based on the nature of the case and its requirements, it is referred to the competent authorities for appropriate legal measures; and (iv) the protection stage , during which the victims are provided support to recover and enable them to return to their country or re-integrate into employment. The Government indicates that, from 2018 to 2020, more than 600 migrant workers benefited from the NRSVT, including its shelter, health and legal services. The Committee also notes the Government’s information that, between 2017 and 2020, more than 30 persons who were accused of crimes related to trafficking in persons and sexual exploitation were referred to the public prosecution. The competent courts delivered verdicts for around 16 defendants, and handed down prison terms, ranging from ten years to life imprisonment for some, while others received prison sentences ranging from one to five years and fines. Moreover, the competent courts are still hearing a number of cases in this area. The Committee requests the Government to continue its efforts to identify, investigate and prosecute all those who are involved in the trafficking of persons, including trafficking for labour exploitation. It also requests the Government to continue providing information on the court proceedings initiated in cases of trafficking in persons, both for purposes of sexual and labour exploitation, and the penalties imposed as well as information on the number of trafficked persons who have benefited from the NRSVT services.

Articles 1(1) and 2(1). Freedom of career members of the military forces to leave their service. In its previous comments, the Committee noted that although section 60 of the Law No. 32 of 2002 on the Defence Force entitles any officer to leave the service once his/her resignation has been accepted, it does not specify the the due time for the authority to hand down such decision. It therefore requested the Government to provide information on the procedure for the resignation of career members of the military forces, indicating in particular whether the request for resignation can be refused, and the grounds for this refusal.

The Committee notes the Government’s information that the resignation request submitted by a member of the Bahrain Defence Force will not be rejected except in time of war or in an emergency. The official has the right to resign or request retirement in peacetime in accordance with the terms and conditions established by the General Command. The length of time for announcing the acceptance of a resignation varies according to the military rank of the official requesting the resignation.

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

The Committee notes the observations of the General Federation of Bahrain Trade Unions (GFBTU) received on 31 August 2021.

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 noted the observations made by the International Trade Union Confederation (ITUC) that the migrant workers’ right to change their employment continued to depend on the approval of the Labour Market Regulatory Authority (LMRA), and that pursuant to the Ministerial Order No. 79 of 16 April 2009 employers shall include in the employment contract a requirement limiting the approval of a transfer to another employer for a specified period. The Committee also noted the Government’s information regarding the introduction of the FLEXI working permit in 2017, which is a renewable two-year permit that allows migrant workers, with either a terminated or expired work permit and who possess a valid passport, 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. It noted that, as a pilot scheme, the FLEXI working permit was a first step that could facilitate the transfer of migrant workers’ services to a new employer, thereby enabling them to freely terminate their employment. The Committee urged 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 as well as to provide information on the application in practice of the FLEXI Working Permit.

The Committee notes the Government’s information in its report that since 2017, more than 27,000 migrant workers have benefitted from the FLEXI Work Permit System and are working in authorized occupations under fixed-term employment contracts. It also takes due note that a Wage Protection System to protect all workers in the private sector, including migrant workers, was introduced through Decree Law No. 59 of 2018 which obligates employers to transfer wages to authenticated bank accounts of the employees on the dates prescribed by law. This system allows the Government’s regulatory and supervisory bodies to monitor remittances via banks and financial establishments. The Government indicates that between 2018 and 2020, the Ministry of Labour and Social Development (MLSD) settled a number of cases and complaints concerning the non-payment of wages to employees. The cases of about 3,000 workers in a major construction company in the country were settled by overseeing the workers’ receipt of wages and dues; by facilitating the return of more than 2,400 workers to their countries; and by transferring the others to jobs in other enterprises. Furthermore, in the context of addressing the adverse effects of the spread of the COVID-19 pandemic of 2020, several significant decisions on the protection of migrant workers were issued, namely: (i) the suspension of monthly employment dues and fees for issuing and renewing work permits; (ii) the extension of the period for irregular migrant labour to regularize their status until the end of 2020; and (iii) the provision of health care services and vaccines free of cost to migrant workers. The Committee also notes that according to the data from the LMRA, around 551,000 work permits were issued for migrant workers between 2018 and 2020, while 407,000 work permits were cancelled as a result of expiration or cancellation by the employer, in addition to procedures for renewing more than one million work permits during the same period. Furthermore, the LMRA carried out more than 199,000 job transfers of migrant workers from one employer to another. Concerning the confiscation of passports by the employer, the Government states that the legislation regulating the employment relationship has no reference to this matter. However, the possession of a passport by any person other than its owner is prohibited under the Criminal Code. Any individual – be that a national or a migrant worker – whose passport is confiscated by any party for whatever reason, has the right to file a complaint at the police station and the courts. In this regard, the relevant courts receive about 150 complaints every year which are settled through enforcement orders requiring the person who has confiscated the passport to return it to its owner. Moreover, the Government indicates that it has made several arrangements with the embassies of labour-sending countries to remove any obstacles in issuing a new passport to the migrant worker and enabling them to benefit from the Flexi Work Permit system. While taking due note of this information, the Committee encourages the Government to continue 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 and the non-payment of wages. It further requests the Government to provide statistical information on the number of violations of the working conditions of migrant workers that have been detected and registered by the competent authority, and to indicate the penalties applied for such violations, including those applied for confiscation of passports. Lastly, the Committee requests the Government to continue to provide data on the number of employment transfers that have taken place within the framework of the FLEXI Work Permit System.

2. Migrant domestic workers. The Committee previously noted the statement by the ITUC that there were more than 105,200 domestic workers in Bahrain who were subjected to exclusion from the coverage of a number of labour law provisions, including from weekly rest days or from a limit on working hours. Many of them worked up to 19 hours per day with minimal breaks, and no days off with very little pay and food. Many had reported that they were prevented from leaving their employers’ homes and that the physical abuse and sexual assault of female domestic workers were significant problems in Bahrain. There was also an absence of labour inspection into the working conditions of domestic workers. According to the ITUC, domestic workers were also explicitly excluded from the FLEXI scheme. The Committee also noted an absence of information concerning the cases reported of forced labour of domestic workers.

The Committee notes the Government’s information that the provisions under the Labour Law for the Private Sector No. 36 of 2012, including those concerning the application of the principles of the labour contract, protection of wages, annual leave, working hours, rest periods, end-of-service indemnity and exemption from litigation fees for labour cases, apply to domestic workers. Likewise, Order No. 4 of 2014 on Regulating work permits for domestic workers, stipulates that prior to the granting of a work permit for employing a domestic worker, the employer has to prove that there has not been any record of mistreatment of a domestic worker or failure to fulfill the rights of a domestic worker; or that they have not been found guilty of committing any offence against a domestic worker. In addition, the LMRA has adopted the Tripartite Domestic Contract, a document regulating the relationship between the head of the household, the recruitment office and the domestic worker that stipulates the parties’obligations and the rights established for the domestic worker in the Labour Law for the Private Sector and which is also available in the languages spoken by the migrant domestic workers. Furthermore, according to the Law for Regulating the Labour Market No. 19 of 2006, the migrant worker shall not be charged with any fees by the LMRA or by the recruiting agencies for the issuance of a work permit. Such fees are levied on the employer. In this regard, the Government indicates that no complaints have been received by the LMRA concerning the exaction of recruitment fees from migrant domestic workers. The Committee, however, notes that the United Nations Human Rights Committee, in its concluding observations of November 2018, expressed concern about reports that migrant domestic workers are subjected to abuse and exploitation, including excessive working hours and delayed or non-payment of wages and about the lack of effective remedies for such abuses (CCPR/C/BHR/CO/1, paragraph 47). The Committee requests the Government to continue to take the necessary measures to ensure, in law and in practice, that migrant domestic workers are fully protected from abusive practices and conditions that amount to the exaction of forced labour. In this regard, the Committee requests the Government to take measures to ensure the full and effective application of the Labour law for the Private Sector so that migrant domestic workers fully enjoy their labour rights. The Committee requests the Government to provide information on the number and nature of complaints filed by migrant domestic workers and the outcome of such complaints, including the penalties applied. The Committee also requests the Government to take the necessary measures to enable migrant domestic workers to approach the competent authorities and seek redress in the event of a violation of their rights, without fear of retaliation.

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

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the application of the Law on Combating Human Trafficking (2008) in practice.

The Committee notes the Government’s indication in its report that, a certain number of measures have been taken to address trafficking in persons, including: (i) the organization of training workshops on the issue of trafficking for relevant stakeholders in order to help them identify cases of trafficking in persons; (ii) the establishment of a shelter for victims of trafficking that provides legal and health services for the victims; (iii) the development of hotline services that provide assistance in different languages; and (iv) the development of awareness-raising campaigns for the general public on trafficking in persons, through media advertisements and the distribution of booklets with emergency numbers. The Committee also notes that a National Referral Mechanism for Victims of Trafficking in Persons (NRSVT) has been established in 2017 by the National Committee to Combat Trafficking. This mechanism aims to promote anti-trafficking procedures, regulate the role of private employment agencies, and develop mechanisms to deal with cases of trafficking. Under this system, any complaint related to trafficking of persons has to be swiftly assessed and then transferred to the relevant authorities (Ministry of Interior, Public Prosecutor). Generally, a five-day process is needed during which officials determine whether an individual is a victim of trafficking. If this is the case, then the second stage involves a 45-day information and evidence gathering period. If there is a court verdict that classifies a victim of trafficking, then another process will start to protect the rights of this victim, including the provision of compensation. Noting the efforts made to combat trafficking in persons, the Committee requests the Government to provide information on the measures taken by the National Referral Mechanism for Victims of Trafficking in Persons (NRSVT), as well as the results achieved, including information on the number of trafficked persons who have benefited from the NRSVT services. The Committee also requests the Government to provide information on the court proceedings initiated in cases of trafficking in persons, both for purposes of sexual and labour exploitation, and the penalties imposed.

Articles 1(1) and 2(1). 1. Freedom of civil servants to leave their service. In its previous comments, the Committee noted that under section 27 of the Civil Service Act No. 48 of 2010, an employee can leave the service only after a decision to accept the resignation has been taken. A decision on the application to resign must be taken within 30 days after its submission. If no decision is taken, the resignation is considered as accepted. The Committee observed, however, that under the above provision a request for resignation can be either accepted or rejected, and therefore a service is not automatically terminated after the expiration of the notice period.

The Committee notes the Government’s indication that a decision on the application to resign can only be suspended if an employee is under investigation. The Committee also notes that, for certain jobs where the acceptance of resignation results in disruption to the flow of work, the competent authority shall have the right to defer the acceptance of the resignation for a period not exceeding three months from the date of submission of the resignation.

2. Freedom of career members of the military forces to leave their service. In its previous comments, the Committee requested the Government to take the necessary measures to amend some provisions of Legislative Decree No. 16 of 1977 governing the service of military officers in the Defence Force in order to ensure that career military officers and other categories of military personnel have the right to resign in time of peace, subject to reasonable notice.

The Committee notes the Government’s indication that Law No. 32 of 2002 on the Defence Force of Bahrain has been adopted to replace the previous Legislative Decree No. 16 of 1977. It notes that under section 60 of the Law, any officer is entitled to leave the service once his/her resignation has been accepted. The Committee notes that neither the law, nor the Government’s report specify the due time for the authority to hand down the decision. The Committee therefore requests the Government to provide information on the procedure for the resignation of career members of the military forces, indicating in particular whether the request for resignation can be refused, and the grounds for this refusal.

Article 2(2)(c). Prison labour. In its previous comments the Committee requested the Government to provide updated information on the adoption of the draft Prison Act. The Committee takes due note of the adoption of the Prison Act No. 18 of 2014. The Committee notes that under section 18 of the Act prisoners perform work, either inside or outside the premises of the prison. The Committee further notes that, section 26 provides that, prisoners who perform work outside the premises of the prison must sign an agreement on a voluntary basis and are remunerated 20 per cent of the value of what they produce.

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

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.

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

The Committee notes the information provided by the Government regarding work or services exacted in cases of emergency.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes the comprehensive information provided by the Government on the various measures taken with a view to addressing trafficking in persons. It notes, in particular, the information on the judicial proceedings initiated and the establishment of the National Foundation for Human Rights, as well as the inauguration of a hotline service and a shelter for victims of trafficking. The Committee notes further the Government’s indication that pursuant to Law No. 36 of 2012 which promulgates the new Labour Code, the Ministry of Labour was granted power to monitor recruitment agencies and to conduct periodic inspections. The Committee encourages the Government to pursue its efforts to prevent, investigate and combat trafficking in persons and to continue to provide information on the measures taken in this regard, as well as on the impact of such measures and the concrete results achieved. It also requests the Government to continue to ensure that perpetrators involved in trafficking in persons are subject to thorough investigations, and that sufficiently effective and dissuasive penalties are applied in practice. The Committee requests the Government to continue to provide information on the application of the Law on Combating Human Trafficking (2008) in practice, in particular with regard to the number of prosecutions and the specific penalties applied.

Vulnerability of migrant workers to trafficking and forced labour. The Committee notes that, in its concluding observations of March 2014, the UN Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about the many cases of violence, abuse and exploitation experienced by women migrant workers who are mainly employed as domestic workers (CEDAW/C/BHR/CO/3, paragraph 39). While commending the adoption of Decision No. 79 of 2009 aimed at reforming the sponsorship system, the CEDAW expressed concern that the conditions set out in employment contracts could undermine the scope of the decision.

In this regard, the Committee recalls the importance of taking effective action to ensure that the system of employment of migrant workers, including migrant domestic workers does not place the workers concerned in a situation of increased vulnerability, particularly when they are subjected to abusive employment practices (for example, retention of passports, non-payment of wages, deprivation of liberty, and physical and sexual abuses). Such practices might cause their employment to be transformed into situations that could amount to forced labour. The Committee therefore encourages the Government to take the necessary measures to ensure that migrant workers, including migrant domestic workers, are fully protected from abusive practices and conditions of employment that amount to forced labour. The Committee requests the Government to provide information on the steps taken in this regard.

Articles 1(1) and 2(1). 1. Freedom of civil servants to leave their service. In its previous comments, the Committee referred to section 293(1) of the Penal Code which provides for penalties of imprisonment “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). The Committee pointed out that the prohibition from resigning under menace of imprisonment places a constraint upon the persons concerned to continue working. In this regard, the Government had previously indicated that the comments of the Committee would be taken into account in the framework of the ongoing legislative reform process with a view to bringing the national legislation into conformity with the Convention.

While noting that the Government’s latest report contains no information in this regard, the Committee notes the Government’s reference in its report submitted under the Abolition of Forced Labour Convention, 1957 (No. 105), to Law No. 51 of 2012 amending several provisions of the Penal Code. The Committee notes, however, that the above law does not seem to amend sections 293(1) and 297. The Government also indicates that the process to amend the Penal Code is still underway. The Committee expresses the firm hope that the necessary measures will be taken, in the context of the current legislative review process, in order to bring sections 293(1) and 297 of the Penal Code into conformity with the Convention. The Committee requests the Government to provide, in its next report, information on the progress made in this regard. It also refers in this connection to its comments addressed to the Government under Convention No. 105.

The Committee previously noted that, pursuant to section 74 of the Civil Service Act (No. 35 of 30 July 2006), an employee can leave the service only after a decision to accept the resignation has been taken. A decision on the application to resign must be taken within 30 days after its submission. If no decision is taken, the resignation is considered as accepted. The Committee observed, however, that under the above provision a request for resignation can be either accepted or rejected, and therefore a service is not automatically terminated after the expiration of the notice period. In this connection, the Committee notes the Government’s indication that the resignation of civil servants is governed by section 27 of the Civil Service Act No. 48 of 2010, which is drafted in similar terms to those set out in the 2006 Act. While noting the Government’s repeated statement that a decision on the application to resign can only be suspended if an employee is under investigation, the Committee once again draws the Government’s attention to the fact that statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length are incompatible with the Convention. The Committee therefore expresses the firm hope that the necessary measures will be taken in order to bring section 27 of the Civil Service Act No. 48 of 2010 into conformity with the Convention, either by eliminating the possibility to reject a resignation after the expiration of the notice period, or by limiting provisions preventing workers from leaving their employment to emergency situations. The Committee requests the Government to provide information on the progress made in this regard.

2. Freedom of career members of the military forces to leave their service. The Committee previously noted that, under section 4 of Legislative Decree No. 16 of 1977 governing the service of military officers in the Defence Force of Bahrain, officers undertake to serve for an uninterrupted period of 15 years, during which they do not have the right to resign. Under section 123 of the Decree, any officer who submits a resignation is not entitled to leave the service before it is accepted. The Committee also noted that, under sections 92 and 47(a) of Legislative Decree No. 23 of 1979 governing the service of rank and file members of the armed forces, members who submit their resignation are not entitled to leave their service until the resignation is accepted, under penalty of disciplinary sanctions imposed by the commanding officer or military tribunals (section 49(a) and (b)).

The Committee notes the Government’s statement that due to the nature of the work performed by security and military personnel, the resignation of military officers is subject to specific conditions. The Government also indicates that, in view of the confidentiality of military information, it would not be possible to provide statistics on the number of applications for resignation which have been accepted or rejected, and the grounds for refusal. While noting this information, the Committee recalls that career military personnel may not be denied the right to leave the service in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length. The Committee therefore trusts that the necessary measures will be taken to amend the above provisions in order to ensure that career military officers and other categories of military personnel have the right to resign in time of peace, subject to reasonable notice, and that the Government will be able to provide, in its next report, information on the progress made in this regard.

Article 2(2)(c). Prison labour. The Committee had previously noted the Government’s indication that, under the Prisons Act of 1964, convicts performing compulsory prison labour cannot be hired to, or placed at the disposal of, private individuals, companies or associations. In this connection, the Committee notes from the website of the Shura Council that a new draft Prisons Act has been under discussion at the Council since 2012. The Committee requests the Government to provide, with its next report, updated information on the adoption of the draft Prisons Act, indicating, in particular, whether the draft law allows the hiring out of prison labour to private enterprises and individuals. The Committee requests the Government to supply a copy of the new Prisons Act, if applicable.

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

Articles 1(1) and 2(1) of the Convention. 1. Freedom of civil servants to leave the service of the State. (a) In its earlier comments, the Committee referred to section 293(1) of the Penal Code which provides for penalties of imprisonment “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). The Committee pointed out that the prohibition from resigning, as set out in the above provisions, namely under menace of imprisonment, places a constraint upon the persons concerned to continue working.

The Committee previously noted the Government’s indication in its report that the body of legislation as a whole was being re-examined within the framework of the legislative reform project of the King, and that the revision of sections 293 and 297 could be undertaken in this context, taking due account of the provisions of the Convention.

In its latest report, the Government confirms its earlier statement that the Committee’s comments have been forwarded to the competent authorities of the Kingdom of Bahrain and will be taken into account in the process of the amendment of the national legislation with a view to bringing it into conformity with the Convention.

The Committee reiterates the firm hope that the necessary measures will be taken to bring legislation into conformity with the Convention and that the Government will soon be able to provide information on the progress made in this regard. It also refers in this connection to its comments addressed to the Government under Convention No. 105, likewise ratified by Bahrain.

(b) The Committee previously noted the provision of section 74 of the Civil Service Act (No. 35 of 30 July 2006), under which an employee can leave the service only after a decision to accept the resignation has been taken. A decision on the application to resign must be taken within 30 days after its submission. If no decision is taken, the resignation is considered as accepted.

The Committee observed that, under the above provision, a request for resignation can be either accepted or refused, and therefore the service is not automatically terminated after the expiration of a notice period. The Committee pointed out, referring also to the explanations contained in paragraphs 96–97 of its 2007 General Survey on the eradication of forced labour, that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention.

The Committee notes the Government’s indications in the report that a decision on the application to resign can be suspended only if an employee is under investigation, and that no complaint related to the rejection of a resignation submitted by any state employee has been registered.

While noting these indications, the Committee reiterates its hope that the necessary measures will be taken in order to bring section 74 of the Civil Service Act referred to above into conformity with the Convention, e.g. by eliminating a possibility to reject a resignation after the expiration of a notice period or by limiting provisions preventing workers from leaving their employment to emergency situations. Pending the adoption of such measures, the Committee requests the Government to continue to provide information on the application of section 74 in practice, indicating the criteria applied in accepting or rejecting a resignation, as well as the number of cases in which such resignations were refused and the grounds for refusal.

2. Freedom of career members of the armed forces to leave their service. The Committee previously noted that, under section 4 of Legislative Decree No. 16 of 1977 governing the service of military officers in the Defense Force of Bahrain, officers undertake to serve for an uninterrupted period of 15 years, during which they do not have the right to resign. Under section 123 of the Decree, any officer who submits a resignation is not entitled to leave the service before it is accepted. The Committee also noted that, under sections 92 and 47(a) of Legislative Decree No. 23 of 1979 governing the service of rank and file members of the armed forces, those members of the armed forces who submit their resignation are not entitled to leave their service until the resignation is accepted, under penalty of disciplinary sanctions imposed by the commanding officer or military tribunals (section 49(a) and (b)).

While noting the Government’s statement in the report that military service in Bahrain is not mandatory and members of the armed forces undertake to serve with their voluntary consent, the Committee again draws the Government’s attention to paragraphs 46 and 96–97 of its 2007 General Survey on the eradication of forced labour, where the Committee has considered that persons who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service and also taking into account the possibility of proportional reimbursement of the cost of training incurred.

While noting the Government’s repeated indication that the Committee’s comments have been forwarded to the competent authorities, the Committee reiterates the firm hope that measures will be taken to ensure that career members of the armed forces will fully enjoy the right to leave their service in peacetime at their own request within a reasonable period, either at specified intervals, or with previous notice, in conformity with the Convention. Pending the adoption of such measures, the Committee again requests the Government to provide information on the numbers of the applications to resign accepted or refused, indicating in particular the reasons for refusal.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes with interest a report of the National Committee to Combat Human Trafficking, communicated by the Government, which contains comprehensive information on various measures and decisions taken by the competent Government bodies with a view to combating and eliminating human trafficking, as well as information on penal proceedings instituted against perpetrators. The Committee requests the Government to continue to provide, in its future reports, information on the measures taken to combat trafficking in persons and to protect the victims, including available statistics, as well as information on the penal proceedings which have been instituted under the Law on Combating Human Trafficking (2008), indicating the penalties imposed on perpetrators.

Communication of texts. Further to its earlier comments, the Committee again requests the Government to supply copies of any laws or regulations respecting the performance of work in the event of national emergencies adopted under article 13(c) of the Constitution of 14 February 2002.

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

Communication of texts. Further to its earlier comments, the Committee again requests the Government to supply copies of any laws or regulations respecting the performance of work in the event of national emergencies adopted under article 13(c) of the Constitution of 14 February 2002.

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. 
1. Freedom of civil servants to leave the service of the State. (a) In its earlier comments, the Committee referred to section 293(1) of the Penal Code which provides for penalties of imprisonment “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). The Committee pointed out that the prohibition from resigning, as set out in the above provisions, namely under menace of imprisonment, places a constraint upon the persons concerned to continue working.

The Committee previously noted the Government’s indication in its report that the body of legislation as a whole was being re-examined within the framework of the legislative reform project of the King, and that the revision of sections 293 and 297 could be undertaken in this context, taking due account of the provisions of the Convention. The Government indicates in its latest report 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).

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 with the Convention, and that the Government will soon be able to provide information on the progress made in this regard. It also refers in this connection to its comments addressed to the Government under Convention No. 105, likewise ratified by Bahrain.

(b) The Committee notes that under section 74 of the Civil Service Act (No. 35 of 30 July 2006), supplied by the Government with its report, an employee can leave the service only after a decision to accept the resignation has been taken. A decision on the application to resign must be taken within 30 days after its submission. If no decision is taken, the resignation is considered as accepted.

The Committee observes that, under the above provision, a request for resignation can be either accepted or refused, and therefore the service is not automatically terminated after the expiration of a notice period. The Committee draws the Government’s attention to the explanations contained in paragraphs 96‑97 of its 2007 General Survey on the eradication of forced labour, where the Committee has considered that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention.

The Committee therefore hopes that the necessary measures will be taken in order to bring section 74 of the Civil Service Act referred to above into conformity with the Convention, e.g. by eliminating a possibility to reject a resignation after the expiration of a notice period or by limiting provisions preventing workers from leaving their employment to emergency situations. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of section 74 in practice, indicating the criteria applied in accepting or rejecting a resignation, as well as the number of cases in which such resignations were refused and the grounds for refusal.

2. Freedom of career members of the armed forces to leave their service. In its earlier comments, the Committee noted that, under section 4 of Legislative Decree No. 16 of 1977 governing the service of military officers in the Defence Force of Bahrain, officers undertake to serve in for an uninterrupted period of 15 years, during which they do not have the right to resign. Under section 123 of the Decree, any officer who submits a resignation is not entitled to leave the service before it is accepted. The Committee also noted that, under sections 92 and 47(a) of Legislative Decree No. 23 of 1979 governing the service of rank and file members of the armed forces, those members of the armed forces who submit their resignation are not entitled to leave their service until the resignation is accepted, under penalty of disciplinary sanctions imposed by the commanding officer or military tribunals (section 49(a) and (b)).

The Committee recalled, referring also to paragraphs 46 and 96–97 of its 2007 General Survey on the eradication of forced labour, that persons who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service and also taking into account the possibility of proportional reimbursement of the cost of training incurred.

While noting the Government’s indication in the report that the Committee’s comments have been taken into account and forwarded to the Ministry of Defence, the Committee expresses the firm hope that measures will be taken to ensure that career members of the armed forces will fully enjoy the right to leave their service in peacetime at their own request within a reasonable period, either at specified intervals, or with previous notice, in conformity with the Convention. Pending the adoption of such measures, the Committee again requests the Government to provide information on the numbers of the applications to resign accepted or refused, indicating in particular the reasons for refusal.

Articles 1 (paragraph 1), 2 (paragraph 1), and 25, of the Convention. Trafficking in persons. The Committee notes with interest the adoption of the Law on Combating Trafficking in Persons (No. 1 of 9 January 2008), which makes the crime of trafficking in persons punishable with imprisonment (sections 2 and 4). The Committee requests the Government to provide information on the penal proceedings which have been instituted under sections 2 and 4 of the above Law, indicating the penalties imposed on perpetrators. Please also provide information on the activities of the National Committee to Combat Trafficking set up under section 8 of the Law, including extracts from relevant programmes and reports, as well as any other information on the measures taken to combat trafficking and to protect the victims, including available statistics.

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

Articles 1(1) and 2(1) of the Convention. 1. Freedom of civil servants to leave the service of the State. In its earlier comments, the Committee referred to section 293(1) of the Penal Code which provides for penalties of imprisonment “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). The Committee pointed out that the prohibition from resigning, as set out in the above provisions, namely under menace of imprisonment, places a constraint upon the persons concerned to continue working. The Committee previously noted the Government’s indication in its report that the body of legislation as a whole was being re-examined within the framework of the legislative reform project of the King, and that the revision of sections 293 and 297 could be undertaken in this context, taking due account of the provisions of the Convention. The Government indicates in its latest report that the Committee’s comments have been taken into consideration in the course of the preparation of the new draft Labour Code, which has been submitted to Parliament for discussion.

The Committee trusts that measures will be taken, in the course of the legislative reform, to bring legislation into conformity with the Convention, and that the Government will soon be able to provide information on the progress made in this regard. It also refers in this connection to its comments addressed to the Government under Convention No. 105, likewise ratified by Bahrain.

2. Freedom of career members of the armed forces to leave their service. In its earlier comments, the Committee noted that, under section 4 of Legislative Decree No. 16 of 1977 governing the service of military officers in the Defence Force of Bahrain, officers undertake to serve for an uninterrupted period of 15 years, during which they do not have the right to resign. Under section 123 of the Decree, any officer who submits a resignation is not entitled to leave the service before it is accepted. The Committee also noted that, under sections 92 and 47(a) of Legislative Decree No. 23 of 1979 governing the service of rank and file members of the armed forces, those members of the armed forces who submit their resignation are not entitled to leave their service until the resignation is accepted, under penalty of disciplinary sanctions imposed by the commanding officer or military tribunals (section 49(a) and (b)).

While having noted the Government’s views expressed in its previous report that such a lengthy period of an uninterrupted service of officers can be explained by the high cost of military training received by the officers, the Committee draws the attention of the Government to paragraphs 46 and 96–97 of its General Survey of 2007 on the eradication of forced labour. Those paragraphs reinforce that persons who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. This is subject to the conditions which may normally be required to ensure the continuity of the service and also taking into account the possibility of proportional reimbursement of the cost of training incurred. As the Committee pointed out in paragraph 96 of the above General Survey, the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention.

The Committee therefore reiterates it hope that measures will be taken to ensure that career members of the armed forces will fully enjoy the right to leave their service in peacetime at their own request within a reasonable period, either at specified intervals, or with previous notice, in conformity with the Convention. Pending the adoption of such measures, the Committee again requests the Government to provide information on the numbers of the applications to resign accepted or refused, indicating in particular the reasons for refusal.

Articles 1(1), 2(1) and 25. Trafficking in persons for the purpose of exploitation. The Committee notes with interest the Government’s indication in the report that a draft law on the prohibition of trafficking in persons has been submitted for consideration by Parliament. The Committee hopes that the Government will communicate a copy of the new law, as soon as it is adopted. Referring also to its 2000 general observation concerning trafficking, the Committee requests the Government to provide, in its next report, information on the measures taken or envisaged to combat trafficking in persons for the purpose of exploitation, including extracts from relevant reports, studies and inquiries, as well as available statistics.

Communication of texts. Further to its earlier comments, the Committee again requests the Government to attach to future reports copies of any laws or regulations respecting the performance of work in the event of national emergencies adopted under article 13(c) of the Constitution of 14 February 2002.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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 following matters raised in its previous direct request:

Article 1(1) and Article 2(1) of the Convention

1. Freedom of civil servants to leave the service of the State. The Committee previously noted the provision of section 293(1) of the Penal Code which provides for penalties of imprisonment “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). The Committee pointed out that the prohibition from resigning, as set out in the above provisions, namely under menace of imprisonment, places a constraint upon the persons concerned to continue working. The Committee notes the Government’s indication in its latest report 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 the revision of sections 293 and 297 could be undertaken in this context, taking due account of the provisions of the Convention.

The Committee expresses firm hope that measures will be taken, in the course of the legislative reform, to bring legislation into conformity with the Convention. It also refers in this connection to its comments addressed to the Government under Convention No. 105, likewise ratified by Bahrain.

2. Freedom of career members of the armed forces to leave their service. The Committee previously noted that, under section 4 of Legislative Decree No. 16 of 1977 governing the service of military officers in the Defense Force of Bahrain, officers undertake to serve in for an uninterrupted period of 15 years, during which they do not have the right to resign. Under section 123 of the Decree, any officer who submits a resignation is not entitled to leave the service before it is accepted. The Committee also noted that, under sections 92 and 47(a) of Legislative Decree No. 23 of 1979 governing the service of rank-and-file members of the armed forces, such members of the armed forces who submit their resignation are not entitled to leave their service until the resignation is accepted, under penalty of disciplinary sanctions imposed by the commanding officer or military tribunals (section 49(a) and (b)).

While noting the Government’s views expressed in the report that such a lengthy period of an uninterrupted service of officers can be explained by the high cost of military training received by the officers, the Committee again recalls, referring also to paragraphs 33 and 72 of its General Survey of 1979 on the abolition of forced labour, that persons who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service and also taking into account the possibility of proportional reimbursement of the cost of training incurred. As the Committee pointed out in paragraph 68 of the above General Survey, the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention.

The Committee therefore hopes that measures will be taken to ensure that career members of the armed forces will fully enjoy the right to leave their service in peacetime at their own request within a reasonable period, either at specified intervals, or with previous notice, in conformity with the Convention. Pending the adoption of such measures, the Committee requests the Government to provide information on the numbers of the applications to resign accepted or refused, indicating in particular the reasons for refusal.

Article 2(2)(d). The Committee again requests the Government to attach to future reports copies of any laws or regulations respecting the performance of work in the event of national emergencies adopted under article 13(c) of the Constitution of 14 February 2002.

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

The Committee has noted the Government’s reply to its earlier comments.

Article 1(1) and Article 2(1) of the Convention. 1. Freedom of civil servants to leave the service of the State. The Committee previously noted the provision of section 293(1) of the Penal Code which provides for penalties of imprisonment "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). The Committee pointed out that the prohibition from resigning, as set out in the above provisions, namely under menace of imprisonment, places a constraint upon the persons concerned to continue working. The Committee notes the Government’s indication in its latest report 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 the revision of sections 293 and 297 could be undertaken in this context, taking due account of the provisions of the Convention.

The Committee expresses firm hope that measures will be taken, in the course of the legislative reform, to bring legislation into conformity with the Convention. It also refers in this connection to its comments addressed to the Government under Convention No. 105, likewise ratified by Bahrain.

2. Freedom of career members of the armed forces to leave their service. The Committee previously noted that, under section 4 of Legislative Decree No. 16 of 1977 governing the service of military officers in the Defense Force of Bahrain, officers undertake to serve in for an uninterrupted period of 15 years, during which they do not have the right to resign. Under section 123 of the Decree, any officer who submits a resignation is not entitled to leave the service before it is accepted. The Committee also noted that, under sections 92 and 47(a) of Legislative Decree No. 23 of 1979 governing the service of rank-and-file members of the armed forces, such members of the armed forces who submit their resignation are not entitled to leave their service until the resignation is accepted, under penalty of disciplinary sanctions imposed by the commanding officer or military tribunals (section 49(a) and (b)).

While noting the Government’s views expressed in the report that such a lengthy period of an uninterrupted service of officers can be explained by the high cost of military training received by the officers, the Committee again recalls, referring also to paragraphs 33 and 72 of its General Survey of 1979 on the abolition of forced labour, that persons who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service and also taking into account the possibility of proportional reimbursement of the cost of training incurred. As the Committee pointed out in paragraph 68 of the above General Survey, the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention.

The Committee therefore hopes that measures will be taken to ensure that career members of the armed forces will fully enjoy the right to leave their service in peacetime at their own request within a reasonable period, either at specified intervals, or with previous notice, in conformity with the Convention. Pending the adoption of such measures, the Committee requests the Government to provide information on the numbers of the applications to resign accepted or refused, indicating in particular the reasons for refusal.

Article 2(2)(d). The Committee again requests the Government to attach to future reports copies of any laws or regulations respecting the performance of work in the event of national emergencies adopted under article 13(c) of the Constitution of 14 February 2002.

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

The Committee notes the Government’s reports.

1. Freedom of civil servants to leave the service of the State. In its previous comments, the Committee noted that section 293(1) of the Penal Code provides for penalties of imprisonment "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). The Committee notes that the prohibition from resigning, as set out in the above provisions, namely under menace of imprisonment, places a constraint upon the persons concerned to continue working. In this respect, the Committee recalls that Article 2, paragraph 1, of the Convention prohibits "all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily". The Committee notes the Government’s statement in its report in 2000 that it will take into account the Committee’s comments in the forthcoming amendments to the legislation.

The Committee firmly requests the Government to bring its legislation into full conformity with the Convention by taking the necessary measures to amend or repeal sections 293 and 297 of the Penal Code. It requests the Government to provide information on any measures which have been taken or are envisaged in this respect.

2. Non-voluntary office or service. The Committee had noted section 107 of the Penal Code, which provides that the office or service of civil servants may be "voluntary or forced". It also noted the information provided by the Government to the effect that office or service cannot be forced, except in the case of enrolment in the army.

The Committee requests the Government to take all the necessary measures to ensure that the work which may be imposed under section 107 of the Penal Code is strictly limited to persons carrying out their military service.

3. Freedom of career members of the armed forces to leave the service of the State. In a previous comment, the Committee had noted Legislative Decree No. 23 of 1979 and Legislative Decree No. 16 of 1977 governing respectively the service of rank and file members of the armed forces and officers.

The Committee had noted that section 6 of Legislative Decree No. 23 of 1979 provides that rank and file members of the armed forces incorporated into the defense forces undertake to complete a minimum service of three years during which they do not have the right to resign. Under sections 92 and 47(a), such members of the armed forces who submit their resignation are not entitled to leave their work until the resignation is accepted, under penalty of disciplinary sanctions imposed by the commanding officer or military tribunals (section 49(a) and (b)). The Committee notes that under section 50 the commanding officer may impose a period of imprisonment not exceeding three months or detention not exceeding 14 days as a disciplinary measure.

The Committee had noted that, in accordance with Legislative Decree No. 16 of 1977, similar provisions apply to officers. Section 4 provides that officers undertake to serve in the defense forces for an uninterrupted period of 15 years, during which they do not have the right to resign. Under section 123, any officer who submits a resignation is not entitled to leave work before it is accepted.

The Committee notes that, in the event that the resignation is refused by the competent authority, the soldier or officer is obliged to continue in service. In this respect, the Committee wishes to recall that persons who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice.

The Committee also notes that, in addition to the minimum period of three years during which rank and file members of the armed forces do not have the right to resign, and the minimum period of 15 years in the case of officers, an extension may be envisaged if the commanding officer so decides for rank and file members of the armed forces and for officers, in the form of an additional period considered to be effective compulsory service. The Committee requests the Government to provide additional information concerning the extensions of service envisaged under section 6 of Legislative Decree No. 23 of 1979 and section 4 of Legislative Decree No. 16 of 1977, with particular reference to the conditions governing effective compulsory service.

With regard to the possibility for career members of the armed forces to resign, the Committee requests the Government to indicate the reasons for which resignation may be refused.

4. The Committee also notes the information provided by the Government in reply to its observation of 2000 to the effect that sections 324 to 330 of the Penal Code make it a criminal offence and punish the fact of living off the proceeds of the prostitution of another person.

5. The Committee requests the Government to attach to future reports copies of any laws or regulations respecting the performance of work in the event of national emergencies adopted under article 13(c) of the Constitution of 14 February 2002.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

In its previous comments, the Committee noted that section 293(1) of the Penal Code provides for penalties of imprisonment when three or more civil servants abandon their work, even in the form of resignation and if it is by a common accord among them in view of realising a common objective. Under section 297, the provision is also applicable to certain persons who are not civil servants.

Provisions such as these are not, in the Committee's view, compatible with Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention, which prohibit "all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily". The situation contemplated in the above-mentioned provisions, in preventing persons from abandoning work or resigning under threat of imprisonment, effectively results in such persons being forced to continue working.

The Committee notes that the Government's repeated statement that sections 293 and 297 are not applied in practice. In order to bring the legislation into full conformity with the Convention, the Committee invites the Government to take the necessary measures to amend or repeal sections 293 and 297 of the Penal Code. It asks the Government to provide information on any steps taken or contemplated on that matter.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. Freedom to leave the service. In its previous comments, the Committee noted that section 293(1) of the Penal Code provides for penalties of imprisonment "when three or more civil servants abandon their work, even in the form of resignation ... and if it is under a common accord among them or in view of realizing a common objective" and that this provision also applies to persons in charge of public services even if they do not have the status of a civil servant. The Committee requested the Government to indicate whether any court decisions had been handed down pursuant to that provision. Noting the information sent by the Government in its report to the effect that no decisions have been handed down pursuant to section 297 of the Penal Code, the Committee hopes that the Government will take the necessary measures to bring legislation into conformity with existing practice by amending or repealing section 297 of the Penal Code.

2. The Committee notes the information supplied by the Government on penalties applicable to seafarers, the obligation to serve for a specified period in the civil service and on non-voluntary office or service and prison labour.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. Article 25 of the Convention. The Committee has taken note of information on the conditions of recruitment through recruitment agents and the working conditions of foreign female domestic workers (who have purportedly been required to do domestic work other than that initially provided for in the contract, been paid less than the wages agreed upon, and been subjected to long working hours, and sometimes to beating and aggression). According to this information some of these workers would be held against their will; if they try to escape, anyone protecting them, particularly by hiding them, is guilty of an offence.

The Committee refers to its observation on the Convention, in which it notes the promulgation of new section 302bis of the Penal Code which provides that, without prejudice to the provisions of section 198 of the Code, anyone who subjects workers to forced labour for a specific job or who withholds without due cause the whole or a part of their wages is liable to imprisonment and a fine or to one or other of these two penalities. The Committee would appreciate if the Government would provide information on the practical effect given to this provision and on the measures taken or contemplated to ensure the protection of domestic workers against all forms of exploitation, including information on police action, on legal proceedings engaged and on penalties imposed on exploiters.

2. The Committee hopes that the Government will also provide information on the following points which it has raised previously:

(a) Freedom to leave the service

(i) The Committee noted in earlier comments that section 293(1) of the Penal Code provides for penalties of imprisonment "when three or more civil servants abandon their work, even in the form of resignation ... and if it is under a common accord among them or in view of realizing a common objective", and that by virtue of section 297, this provision also applies to persons in charge of public services and to any individual who performs work related to public service even if he neither has the status of a civil servant, nor is in charge of a public service.

The Committee again asks the Government to indicate whether any judicial decisions have been handed down pursuant to section 293(1) and 297 of the Penal Code and, if so, to provide a copy of them.

(ii) The Committee hopes that in its next report the Government will indicate any penalties that apply to seamen who fail to comply with section 98 of the Maritime Code of 1982 which prohibits crew members from leaving the vessel without authorization.

(b) Public service

(i) Training and the obligation to serve for a specified period

The Committee noted Ministerial Decision No. 5 of 1980 concerning the training of public service employees, particularly section 10, and the Regulations of 1980 respecting training in the public service. It again asks the Government to state whether or not the conditions for resignation change in the event of training being undertaken by a public service employee.

(ii) Non-voluntary office or service

The Committee noted that section 107 of the Penal Code defines the term "civil servant" and that, under paragraph 2, "the office or service may be a non-voluntary one". The Committee noted the information supplied by the Government on this point; it also noted Legislative Decree No. 5 of 1987 respecting reserve military forces.

It again asks the Government to specify other cases where the office or service may be non-voluntary.

(c) Prison labour

The Committee noted the texts governing prison labour supplied by the Government. It noted the Government's statement that the legislation on prisons does not allow convict labour to be hired to, or placed at the disposal of, private individuals, companies or associations. It again asks the Government to indicate the work to which a convict may be assigned by the prison warder, pursuant to the provisions of Regulation No. 19 of the Prison Regulations of 1964, and the particular type of work that may be provided for under the sentence of imprisonment. The Committee asks the Government to provide examples of such work and such sentences.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

With reference to its previous comments, the Committee notes with satisfaction that new section 302bis incorporated in the Penal Code of 1976 by Legislative Decree No. 6 of 1993 (published in Official Journal No. 2047 of 17 February 1993) provides that, without prejudice to the provisions of section 198 of the Penal Code, anyone who subjects workers to forced labour for a specific job or who withholds without due cause the whole or a part of their wages is liable to imprisonment and a fine or to one or other of these two penalities.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with interest the information contained in the Government's report and the various legal texts supplied.

1. Defence forces

The Committee takes note of the legislative texts governing the service of soldiers and officers.

The Committee notes that Legislative Decree No. 23 of 1979 respecting the service of soldiers provides, in section 15, that soldiers who are called upon to do technical or specialist training must sign an undertaking to extend the service for a period which is four times longer than the training period. Under section 22, extensions are cumulative in the event of successive training periods. Under section 18, if a soldier's resignation is accepted before the end of the period for which he has signed, he must repay the costs of training received.

Legislative Decree No. 16 of 1977 respecting the service of officers provides, in section 2, that before being appointed, applicants are sent to a university or other educational establishment and, under section 4, that upon obtaining their qualifications, they must undertake to serve for an uninterrupted period of 15 years during which they may not resign, and that this period may be extended, on order, for further five-year periods.

In addition, under section 102, officers may be sent for specialised training and, in such cases, must undertake, in principle, to sign on for a period of service which is four times longer than the training period. These periods are cumulative in the event of successive specialisations (section 111). Lastly, if the resignation of an officer is accepted before the end of the period of service for which he has signed, he must repay the costs of training received.

The Committee wishes to recall in this connection that it considers that the persons concerned cannot be deprived of the right to leave the service in peacetime within a reasonable period, at specified intervals or by giving notice.

The Committee asks the Government to specify under what conditions a member of the armed forces may be exempted from periods of service which remain to be completed, in the event of resignation, giving particulars of the conditions for repayment and supplying examples, if any.

2. Public service

(a) Length of engagement and conditions of resignation

The Committee notes the content of the provisions on the conditions for the resignation (particularly the length of the notice period) of public employees, of which the Government provided a copy.

(b) Training and the obligation to serve for a specified period

The Committee notes Ministerial Decision No. 5 of 1980 concerning the training of public service employees, section 10 in particular, and the Regulations of 1980 respecting training in the public service. The Committee gathers that the conditions for resignation do not change in the event of training being undertaken by a public service employee. It asks the Government to specify whether or not this is so.

(c) Non-voluntary office or service

The Committee noted that section 107 of the Penal Code defines the term "civil servant" and that, under paragraph 2, "the office or service may be ... voluntary or forced". The Committee notes the information on this point supplied by the Government; it notes Legislative Decree No. 5 of 1987 respecting reserve military forces.

The Committee asks the Government to specify other cases where the office or service may be non-voluntary.

(d) Freedom to leave the service

In its previous comment, the Committee noted that section 293, paragraph 1, of the Penal Code provides for penalties of imprisonment "when three or more civil servants abandon their work, even in the form of resignation ... and if it is under a common accord among them or in view of realising a common objective", and that by virtue of section 297, this provision is also applicable to persons in charge of public services and to any individual who performs work related to public service even if he neither has the status of a civil servant, nor is in charge of a public service.

The Committee notes the information supplied by the Government in its report, to the effect that section 293 of the Penal Code does not apply in the case of a public servant who individually abandons his work, abstains from discharging his duties or resigns, because such cases are governed by the Public Service Statute. According to the Government, the purpose of the provision in question is to prevent civil servants, under a common accord or in view of realising a common objective, from abandoning their work or abstaining from discharging their duties, even in the form of resignation, since such conduct is liable to provoke a work stoppage and the paralysis of the public service.

The Committee asks the Government to indicate whether any judicial decisions have been handed down pursuant to section 293 of the Penal Code and, if so, to provide a copy of them.

The Committee also refers to its observation on the Convention and hopes that in its next report the Government will indicate any sanctions that apply to seamen who fail to comply with section 98 of the Code which prohibits crew members from leaving the vessel without authorisation.

3. Prison labour

The Committee takes note of the texts governing prison labour supplied by the Government. It notes the Government's statement that the legislation on prisons does not allow convict labour to be hired to, or placed at the disposal of, private individuals, companies or associations. It asks the Government to indicate the work to which a convict may be assigned by the prison warder, pursuant to the provisions of Regulation 19 of the Prison Regulations of 1964, and the particular type of work that may be provided for under the sentence of imprisonment. The Committee asks the Government to provide examples of such work and such sentences.

4. Article 25 of the Convention

The Committee pointed out in its previous direct request that sections 198 and 107 of the Penal Code did not appear to provide for penal sanctions in the event of forced or compulsory labour being illegally exacted for private activities.

The Committee notes that, according to the Government, amendments are being examined in this connection. The Committee requests the Government to provide information on the measures taken or under consideration in this respect.

5. New legislation and amendments

(a) The Committee asks the Government in its future reports to enclose copies of any legislation on labour in the event of national emergencies, which might be adopted under article 13(c) of the Constitution.

(b) The Committee notes the Government's statement in its report that the competent departments were examining the amendments to be made to sections 198 and 293 of the Penal Code, in the light of the provisions of the Convention. The Committee hopes that it will be possible for the above examination to include other provisions on which it has commented and asks the Government to provide information in its next report on any amendments made and, if appropriate, a copy of them.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

In its previous comments, the Committee noted that under article 110 of the Maritime Code of 1982, if a contract of employment is made for a definite period which has expired during the voyage, such contract shall be extended by virtue of the law until the arrival of the ship in the nearest Bahrain port. The Committee commented on this provision because it restricted the right of crew members having served for an agreed definite period to terminate their employment and leave the ship at a foreign port. The Committee notes with interest that Legislative Decree No. 4 of 12 February 1991, a copy of which has been provided by the Government, completes article 110 of the Maritime Code by adding a paragraph which provides that seamen may leave the ship at the first port of arrival after expiry of the contract for a definite period, if they so request in writing.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters:

The Committee noted with interest the information and detailed legislative documentation supplied by the Government with its report for the period ending 30 June 1987 in reply to the Committee's previous request. Noting the Government's indication that copies of regulations concerning the military service have yet to be received from the competent authority immediately concerned and will be transmitted to the International Labour Office as soon as possible, the Committee looks forward to the inclusion of this documentation in the Government's next report. It also requests the Government to supply further information on the following points:

(a) The Committee noted the Government's indication that copies of the national laws and regulations concerning the civil service have already been transmitted to the ILO. The Committee has examined the provisions of Civil Service Regulations No. 710 of 15 November 1984 which deal with occupational health and safety. It would appreciate it if copies of the laws and regulations governing the duration of engagement in, and the conditions of resignation from, the civil service could be supplied with the next report, including copies of any regulations providing for an obligation to serve for a definite time in exchange for education or training received.

(b) The Committee noted that Article 107 of the Penal Code (Legislative Decree No. 15 of 1976) which defines the term "civil servant" provides in its second paragraph that "the office or service may be ... voluntary or forced". The Committee would ask the Government to indicate the cases referred to in which the office or service may be non-voluntary.

Freedom to leave the service

(c) The Committee noted that Article 293, paragraph 1, of the Penal Code provides for penalties of imprisonment "when three or more civil servants abandon their work, even in the form of resignation ... and if it is under a common accord among them or in view of realising a common objective". By virtue of Article 297, this provision is also applicable to persons in charge of a public service and to any individual who performs work related to public service even if he neither has the status of a civil servant, nor is in charge of a public service. The Committee, referring also to its request under point (a) above would ask the Government to supply information on the practical application of these provisions, including copies of court decisions, if any, defining or illustrating their scope, and to indicate any measures taken or contemplated in this connection to preserve the freedom of civil servants and other persons covered by Article 293(1) to terminate their employment by giving notice of reasonable duration.

(d) The Committee noted that under Article 110 of the Bahrain Maritime Code, if a contract of employment is made for a definite period which has expired during the voyage, such contract shall be extended by virtue of the law until the arrival of the ship in the next Bahrain port. Noting also that Article 98 of the Code prohibits crew members from leaving the ship without permission, it asks the Government to indicate any measures taken or envisaged to enable a crew member having served for the agreed definite period to terminate his employment and leave at a foreign port if he so wishes, particularly where the prospect of the ship's calling at a Bahrain port may be remote or even uncertain. In the same connection, the Committee requests the Government to indicate any sanctions applicable to seamen in case of violation of sections 98 or 110 of the Code.

(e) Article 2, paragraph 2(c), of the Convention. The Committee noted that under Article 55 of the Penal Code, anybody sentenced to a prison term has to perform prison labour in conformity with the law. The Committee requests the Government to supply copies of any laws or regulations governing prison labour, with regard in particular to any possibility of convict labour being hired to, or placed at the disposal of, private individuals, companies or associations.

(f) Article 2, paragraph 2(d). The Committee noted from the Government's report that no legislation has yet been enacted providing for the imposition of labour in cases of national emergency under Article 13(c) of the Constitution. It would ask the Government to supply with its future reports copies of any such legislation when adopted.

(g) Article 25. The Committee noted with interest that under Article 198 of the Penal Code civil servants and persons in charge of a public service who submit workers serving the State or one of the bodies referred to in Article 107 to forced labour shall be punished with imprisonment. Since under Article 25 of the Convention, any illegal exaction of forced or compulsory labour by anybody, regardless of his status, and not only for public activities but also for private ones, shall be punishable as a penal offence, the Committee requests the Government to indicate any penal provisions which would apply in cases of illegal exaction of labour not covered by Article 198 of the Penal Code.