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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Bahrain (Ratification: 2001)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that the Penal Code does not prohibit the use, procuring or offering of a child for the production of pornography or pornographic performances. It therefore urged the Government to take immediate measures to explicitly prohibit, in national legislation, the use, procuring or offering of a child for the production of pornography or for pornographic performances.

The Committee notes the Government’s reference to sections 39, 44, 57 and 66 of the newly adopted Child Law No. 37 of 2012 which provides for the protection of children against bad treatment. The Committee notes that section 39 of the Child Law prohibits the publishing, exhibiting or disseminating of publications or visual materials which use children, while sections 57 and 66 of the Child Law makes it an offence to exploit a child through an internet website. The Committee notes that section 44 of the Child Law provides for an explanation to the term “sexual bad treatment” which includes the use of children for the production of pornography.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously observed that the national legislation does not prohibit the use, procuring or offering of a child for the production and trafficking of drugs. The Committee requested the Government to take immediate measures to ensure that this worst form is explicitly prohibited in the near future.

The Committee notes with interest that section 30 of Law No. 15 of 2007 on hallucinogenic substances and drugs prohibits the use of a minor in importing, exporting, producing, manufacturing, buying, selling or handing over hallucinogenic substances or drugs.

Article 5. Monitoring mechanisms. Labour inspectorate. Following its previous comments, the Committee notes the Government’s information that the Labour Code of 2012, together with Decision No. 29 of 2013 regulating inspection of undertakings and workplaces, grants a wide range of powers to labour inspectors, including conducting inspections at night and at non-official working times. In addition to the labour inspectorate, the Labour Market Regulatory Authority is also empowered to act as legal enforcement officers and to deal with any infringements of the labour legislation. The Committee further notes the Government’s information that no cases of child labour at workplaces were detected by the Labour inspectorate or by the Labour Market Regulatory Authority.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking. Following its previous comments, the Committee notes the Government’s indication that a committee for the evaluation of the conditions of the victims of trafficking was established by virtue of Decision No. 11 of 2013. This committee is responsible for coordinating with the Ministry of the Interior to repatriate victims of trafficking to their country of origin and where necessary to regularize their status in the country and enable them to acquire a work permit. The Government also indicates that a National Committee on Human Trafficking was set up pursuant to Decision No. 1 of 2009 to formulate programmes to combat human trafficking and to protect victims of human trafficking. The Committee further notes the Government’s indication that the Kingdom of Bahrain has established several protection and rehabilitation centres which provide shelter and social, educational and psychological care to child victims of trafficking as well as child orphans such as the Child Protection Centre, the Child Care Home, the Office for Boys’ Care, and Dar Al Aman for the Care of Victims of violence and human trafficking. The Committee requests the Government to provide information on the number of victims of trafficking under the age of 18 years who have been identified and have received assistance, shelter and other services in the Child Protection Centre, Child Care Home, Office for Boys’ Care, and Dar Al Aman for the Care of Victims of violence and human trafficking.

Clause (d). Identifying and reaching out to children at special risk. Children engaged in begging. The Committee previously expressed its concern at reports of exploitation of children for the purpose of begging and urged the Government to pursue its efforts to provide for the removal of these children and to provide for their rehabilitation and social integration.

The Committee notes the Government’s statement that with the application of the Vagrancy and Begging Act No. 5 of 2007, the phenomenon of begging has been considerably decreased. It also notes from the Government’s report that the Ministry of Social Development has been implementing a financial aid programme and support for underprivileged families. Moreover, there are various projects on women’s empowerment carried out by the Supreme Council for Women and the Productive Families Programmes, which endeavour to assist families in need. The Committee further notes that the Dar El Karama for Social Welfare, which plays an important role in addressing this issue, has provided shelter and social assistance to 65 beneficiaries.

Application of the Convention in practice. Following its previous comments, the Committee notes that according to the 2013 report of the Ministry of Social Development, 49 cases of human trafficking were investigated involving two adult Arab nationals and 47 adult foreign nationals, most of whom were repatriated to their countries of origin.