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

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request, and has no further matters to raise in this regard.

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

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.

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

Articles 3(d) and 4 of the Convention. Hazardous work and determination of hazardous work. The Committee previously noted that according to section 51 of the Labour Law juveniles aged under 16 years may be employed in industries and occupations other than those deemed to be hazardous or unhealthy and enumerated by an Order of the Minister of Health, in cooperation with the Minister of Labour and Social Affairs. It noted the Government’s indication that the Labour Law would be amended to provide for the protection of children under 18 as required under the Convention.

The Committee notes with satisfaction that the Government adopted a new Labour Law No. 36 of 2012 which contains a prohibition on the employment of minors under the age of 18 years in hazardous or dangerous work and work endangering their health and morals (section 27). The Committee also notes with interest that the Ministry of Labour promulgated Order No. 23 of 2013 which contains a list of 34 occupations and industries prohibited to children under the age of 18 years including: work underground and in mines; work in smelting ovens and minerals; manufacture of explosives; manufacture of alcohol, electric batteries, cement, paints, coal, tin; working in fertilizer storehouses, petroleum and chemical refineries; animal slaughter; rail and road transport of passengers; loading and unloading of goods; working as stewards in playgrounds; process of refrigeration and freezing; and dye and bleaching processes of textiles.

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

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

Article 5 of the Convention. Monitoring mechanisms. Labour inspection. The Committee previously noted the Government’s indication that no cases of child labour were registered in the previous years. However, noting a report indicating that the enforcement of child labour laws was adequate in the industrial sector, but not as effective outside that sector, the Committee encouraged the Government to take measures to strengthen the capacity of monitoring mechanisms in non-industrial sectors.

The Committee once again notes the Government’s statement that there were no cases of exploitation or recruitment of children detected in the labour market. However, the Committee notes an absence of information in the Government’s report on measures taken to strengthen the capacity of the labour inspectorate, or other enforcement bodies, in the monitoring of non-industrial sectors. Therefore, the Committee once again requests the Government to provide information on the steps taken or envisaged to strengthen the mechanisms which monitor the implementation of the provisions giving effect to the Convention in non-industrial sectors.

Article 7(2). Effective and time-bound measures. Clauses (a) and (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 statement in its reply to the list of issues of the Committee on the Elimination of Discrimination Against Women (CEDAW) of 21 July 2008 that the Ministry of Social Development (MSD) has organized training courses for civil servants involved in combating trafficking, in addition to the establishment of a telephone hotline through which foreign workers may report abuse. The Government also indicates that the National Committee to Combat Human Trafficking has distributed publications and pamphlets (in various languages) on trafficking-related issues at airports and ports (CEDAW/C/BHR/Q/2/Add.1, page 8). The Committee also notes the Government’s indication in its report to the Committee on the Rights of the Child (CRC) of 25 March 2010 that section 7 of Act No. 1 of 2008 on combating the trafficking of persons provides for the establishment, through a ministerial order of the MSD, of an evaluation committee on the status of foreign victims of human trafficking (CRC/C/BHR/2-3, paragraph 507). However, the Government does not indicate if this evaluation committee has been established. Furthermore, the Committee notes the information in a report on the trafficking of persons in Bahrain of 14 June 2010 (available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org)) (Trafficking Report), that within the previous year, the Government made no discernible progress in improving protective services available to trafficking victims, and that there was no formal procedure for identifying trafficking victims among vulnerable groups. The Trafficking Report also indicates that, although the Government funds an NGO-run shelter that receives victims of trafficking, many police officers were unaware of the shelter’s existence, and few victims were referred to the services there. The Trafficking Report further indicates that information regarding the toll-free hotline available to trafficking victims was not well disseminated. The Committee therefore requests the Government to strengthen its efforts to provide the necessary and appropriate direct assistance for the identification and removal of child victims of trafficking, and for their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard, and to supply information on the number of victims of trafficking under the age of 18 who have been identified and have received rehabilitative assistance, shelter and other services. The Committee also requests the Government to indicate if the evaluation committee on the status of foreign victims of human trafficking has been established and, if so, to provide information on its activities.

Clause (d). Identify and reach out to children at special risk. Orphans. The Committee previously noted the establishment of the Royal Charity Organization (RCO), which is responsible for the welfare of Bahraini orphans, and undertook projects to provide for the material needs of child orphans who might otherwise be pushed to work. The Committee requested information on the number of child orphans receiving such services.

The Committee notes the information in the Government’s report that there are centres for the care and education of orphans in the country. The Committee also notes the Government’s statement in its report to the CRC of 25 March 2010 that the RCO provides a monthly payment of 30 dinars (approximately US$80) to all orphans in Bahrain (up until the age of 23). The Government indicates that since the RCO’s establishment in 2001, 8,274 orphans have benefited from this service (CRC/C/BHR/2-3, paragraph 215).

Article 8. International cooperation. The Committee previously noted that the Government had signed Memoranda of Understanding with labour exporting countries, and noted the Government’s indication that it would engage in regional cooperation with respect to the issue of eliminating the worst forms of child labour. It requested the Government to provide information on progress made in this regard.

The Committee notes the information in the Government’s report concerning cooperation with foreign countries to regulate migrant labour, to ensure that persons under 18 are not granted work permits. The Government states that it coordinates with the embassies of source countries to verify the age of foreign workers before the worker receives approval from the relevant authorities. The Government indicates that this collaboration will continue in the future to ensure that children are not sent to work in Bahrain. The Committee also notes the information from the International Organization for Migration (IOM) that it is collaborating with the Government to strengthen its capacity to, inter alia, prevent the trafficking of persons. The IOM website indicates that a counter-trafficking capacity-building intervention will be implemented by the IOM (in close collaboration with the MSD), to complement current efforts of the Government to curb the trafficking in persons. The Trafficking Report indicates that this collaboration resulted in a three-day trafficking investigation course for 29 law enforcement officers.

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

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, by virtue of section 355 of the Penal Code, it is an offence to print, import, export, own, possess, carry or display, with the intent of exploiting, distributing or showing any publications, drawings, pictures, films, symbols or such other items if they violate public morals. However, the Committee observed that the Penal Code does not prohibit the use, procuring or offering of a child for the production of pornography or pornographic performances.

The Committee notes the Government’s indication that Sharia law is a main source of legislation in Bahrain. The Government indicates that the culture of the country refuses all illicit sexual activities as well as the exploitation of children, even if a particular offence is not specified in the Penal Code. Nonetheless, the Committee notes the Government’s statement in its report to the Committee on the Rights of the Child (CRC) of 25 March 2010 that a draft law on the rights of the child is currently before the Chamber of Deputies, including a chapter on the protection of children. The Government indicates that this chapter contains provisions on sexual offences (CRC/C/BHR/2-3, paragraph 508), though it is not specified if these provisions include the protection of children from use in the production of pornography. Reminding the Government that pursuant to Article 1, the Government must take “immediate measures” to secure the prohibition of the worst forms of child labour, the Committee urges 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, in conformity with Article 3(b) of the Convention. In this regard, the Committee encourages the Government to consider including a specific prohibition of this offence in the draft law on the rights of the child, currently before the Chamber of Deputies.

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 sections 2 and 3 of Law No. 4 of 1974 on controlling the use and circulation of narcotic substances and preparations prohibit the importing, exporting, producing, possessing, buying, selling, exchanging or disposing of narcotic substances. However, it noted that the use, procuring or offering of a child for the production and trafficking of drugs does not appear to be prohibited by national legislation.

The Committee notes the Government’s statement that the trafficking of drugs is prohibited in Bahrain and that the culture of Bahrain refuses the exploitation of children for this purpose. However, the Committee notes the Government’s statement in its report to the CRC of 25 March 2010, concerning the available support for delinquents, that the cases of delinquency noted among youth include the involvement of minors in the trafficking of drugs (CRC/C/BHR/2-3, paragraph 463). Recalling that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, constitutes one of the worst forms of child labour, the Committee strongly requests the Government to take immediate measures to ensure that this worst form is explicitly prohibited in the near future.

Clause (d). 1. Hazardous work. The Committee previously noted that section 51 of the Labour Law states that juveniles aged under 16 years may be employed in industries and occupations other that those deemed to be hazardous or unhealthy and enumerated by an Order of the Minister of Health, in cooperation with the Minister of Labour and Social Affairs. However, the Committee noted the Government’s indication that the Labour Law would be amended to provide for the protection of children under 18 as required under the Convention. The Government indicated that ministerial orders would be promulgated in order to enact the new Labour Law, which was adopted by the Shoura Council and the Chamber of Deputies.

The Committee notes the Government’s statement that any new developments regarding ministerial orders addressing the employment of persons under 18 years will be communicated to the Committee. The Committee reminds the Government that, by virtue of Article 3(d), work which, by its nature and the circumstances in which it is carried out, is likely to harm the health, safety or morals of persons under 18, constitutes one of the worst forms of child labour, and that pursuant to Article 1, the Government must take immediate measures to secure the prohibition of this worst form, as a matter of urgency. Observing that the Government has been stating its intention to bring its labour legislation into conformity with Article 3(d) of the Convention since 2004, the Committee strongly urges the Government to take the necessary measures, without delay, to ensure the promulgation of the relevant ministerial orders, prohibiting the engagement of persons under 18 in hazardous work.

2. Self-employed, domestic, casual and agricultural workers. The Committee previously observed that, pursuant to section 1 of the Labour Law, working persons not under the control and supervision of an employer, such as self-employed workers, were excluded from the scope of application of the Labour Law. It also noted that, pursuant to section 2 of the Labour Law, domestic servants, persons employed in temporary and casual work (for periods shorter than three months), and most persons employed in agricultural work were excluded from the Law’s application.

The Committee notes the Government’s statement that children do not work in these excluded sectors. The Government indicates that most self-employed workers in the country are taxi drivers, a job that children do not perform as driving licenses are only obtainable from the age of 18. The Government also indicates that domestic labour is not performed by the national labour force, and that agriculture is a small sector (representing 2 per cent of the labour force), though children may work with their parents in this sector during summer vacation. The Committee also notes the Government’s statement in its report to the CRC of 25 March 2010 that most agricultural work is performed by foreign workers (CRC/C/BHR/2-3, paragraph 501). In this regard, the Committee notes the Government’s statement that foreign workers under 18 may not enter the country, and are not issued work permits. The Committee further notes the information in a report on the worst forms of child labour in Bahrain of 10 September 2009, available on the website of the Office of the High Commissioner of Refugees (www.unhcr.org) that immigration officials take measures to ensure that foreign workers entering Bahrain are 18 years or older. Nonetheless, the Committee notes the information from UNICEF that, between 1999 and 2008, approximately 5 per cent of children in Bahrain between the ages of 5 and 14 were engaged in child labour. The Committee observes that much of this work appears to be performed in sectors not covered by the Labour Law, noting the statement in the report of the International Trade Union Confederation, for the World Trade Organization General Council on the trade policies of Bahrain of 18 and 20 July 2007, entitled Internationally recognized core labour standards in Bahrain (ITUC Report) that children are reported to work in family businesses in addition to informal sector activities, as car washers, vendors and porters (page 6). In this regard, the ITUC Report emphasizes the need to introduce legal prohibitions to ensure that workers under 18 in these sectors do not perform hazardous work. The Committee therefore requests the Government to provide information on the measures taken or envisaged to ensure that children under 18 working in the informal sector and in family businesses are protected against work which is likely to harm their health, safety or morals.

Article 7(2). Effective and time-bound measures. Clause (d). Identify and reach out to children at special risk. Children engaged in begging. The Committee notes the Government’s statement in its report to the CRC of 25 March 2010 that, following a rise in begging and vagrancy in the country, including the exploitation of children for the purpose of begging, the Government took several measures to address this phenomenon (CRC/C/BHR/2-3, paragraph 352). The Government adopted Law No. 5 of 2007 on combating begging and vagrancy, section 4 of which provides for the placement of vagrants in a shelter specializing in the protection of persons living in the street (CRC/C/BHR/2-3, paragraph 502). The Government indicates that this shelter has the capacity to receive 80 persons, and houses persons for ten days while their case is evaluated. At the expiration of this period, if the person is a minor, they are transferred to the centre for the protection of minors. The Committee expresses its concern at reports of the exploitation of children for the purpose of begging, and urges the Government to pursue its efforts to provide for the removal of these children and to provide for their rehabilitation and social integration. It requests the Government to provide information on the number of children reached through measures taken in this regard.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes that the Committee on the Elimination of Discrimination Against Women, in its concluding observations of 14 November 2008, expressed concern at the existence of trafficking of women and girls into Bahrain for the purpose of sexual exploitation, and expressed regret at the lack of statistical data on this phenomenon (CEDAW/C/BHR/CO/2, paragraph 26). The Committee expresses its concern at reports of child trafficking in Bahrain, and urges the Government to redouble its efforts to eliminate this worst form of child labour. It also requests the Government to take the necessary measures to ensure that data on the worst forms of child labour in the country, particularly child trafficking and the use of children for the purpose of begging, is made available. To the extent possible, all information provided should be disaggregated by sex and age.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee had previously noted that there did not appear to be any penal provision expressly prohibiting the sale and trafficking of children under 18 years. It notes with the Government’s information that Act No. 1 of 2008 on combating the trafficking of persons (Act No. 1 of 2008) was promulgated. The Committee observes with interest that section 1 of Act No. 1 of 2008 prohibits the trafficking of children under 18 years of age for the purpose of their exploitation, which includes trafficking for prostitution or any type of sexual exploitation, for forced labour and for slavery. Section 2 of Act No. 1 of 2008 provides that any person found guilty of trafficking is liable to a fine of 2,000 to 10,000 dinars and to imprisonment.

2. Forced or compulsory labour. The Committee had previously observed that article 13 of the Constitution provides that compulsory labour cannot be imposed on any person except in the cases specified by law, or pursuant to a judicial ruling. It notes the Government’s information that there is no legislation in Bahrain which provides for the forced labour of children, under any condition.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that, by virtue of section 355 of the Penal Code, it is an offence to print, import, export, own, possess, carry or display, with the intent of exploiting, distributing or showing any publications, drawings, pictures, films, symbols or such other items if they violate public morals. The Committee had observed, however, that the Penal Code does not prohibit the use, procuring or offering of a child for the production of pornography or pornographic performances. The Committee once again reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child for the production of pornography or for pornographic performances, constitutes one of the worst forms of child labour and is therefore prohibited for children under 18 years. The Committee also once again reminds the Government that it is required under Article 1 to take “immediate measures” to ensure the prohibition of the worst forms of child labour. The Committee accordingly, once again, requests the Government to take immediate measures to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances, and to provide for effective penalties, as a matter of urgency.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously observed that sections 2 and 3 of Law No. 4 of 1974 on controlling the use and circulation of narcotic substances and preparations prohibit the importing, exporting, producing, possessing, buying, selling, exchanging or disposing of narcotic substances. It had noted that the use, procuring or offering of a child for the production and trafficking of drugs does not appear to be prohibited by national legislation. Noting the lack of information in the Government’s report on this point, the Committee asks the Government to take immediate measures to ensure that the use, procuring or offering of a child for illicit activities, including the production and trafficking of drugs, is prohibited, as a matter of urgency.

Clause (d). 1. Hazardous work. The Committee had previously noted that section 51 of the Labour Law states that juveniles aged under 16 years may be employed in industries and occupations other that those deemed to be hazardous or unhealthy and enumerated by an Order of the Minister of Health in cooperation with the Minister of Labour and Social Affairs. It had also noted the Government’s indication that the Labour Law would be amended to provide for the protection of children as required in the Convention. The Committee notes the Government’s information that ministerial orders will be promulgated in order to enact the new Labour Code, which was adopted by the Shoura Council and the Chamber of Deputies. It recalls that, by virtue of Article 3(d) of the Convention, children under 18 shall not perform work, which by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee urges the Government to take measures to ensure that such ministerial orders are promulgated in the very near future. It requests the Government to provide a copy of the new Labour Code as soon as it has been enacted.

2. Self-employed, domestic, casual and agricultural workers. The Committee had previously observed that the Labour Law defines a worker as a person employed for remuneration in the service and under the control and supervision of an employer (section 1). It had therefore noted that self-employed workers are excluded from the scope of application of the Labour Law. It had also noted that, by virtue of section 2 of the Labour law, the following categories of workers are also excluded from its scope of application: (i) domestic servants and the like; (ii) persons employed in temporary and casual work which is outside the scope of the employer’s business and for a duration not exceeding three months; (iii) persons employed in agricultural work other than workers employed in agricultural work which process or market their products; and (iv) workers permanently employed in operating or repairing mechanical equipment used in agriculture. Noting the lack of information in the Government’s report on this point, the Committee expresses the hope that the new Labour Code will ensure that self-employed workers, domestic workers, casual workers and all agricultural workers under 18 years of age do not perform work which is likely to harm their health, safety or morals. If not, it requests the Government to take urgent measures in this regard.

Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted that Ministerial Order No. 6 of 1976 on hazardous industries and occupations which jeopardize the health of young persons, provides for a list of 25 types of hazardous work that persons under 16 years of age may not perform. It had observed that national legislation does not provide for a list of hazardous work for children between 16 and 18 years of age. The Committee had reminded the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee notes the Government’s statement that the Ministry of Labour took the Committee’s comments into account. The Government also indicates that the Ministry of Labour will endeavour to take the necessary measures to promulgate an appropriate regulation in this respect. The Committee urges the Government to ensure that a regulation determining the types of hazardous work that may not be performed by children under 18 years of age is adopted as a matter of urgency. It requests the Government to provide information on any progress made in this regard.

Article 5. Monitoring mechanisms. Labour inspection. The Committee had previously noted that officers of the Ministry of Labour and Social Affairs are empowered to undertake industrial inspections and enforce the application of the provisions of the Labour Code and any regulations made thereunder. The Committee notes that, according to a 2007 report on the findings on the worst forms of child labour in Bahrain, available on the web site of the High Commissioner for Refugees (www.unhcr.org), there are currently 43 labour investigators who are given training to monitor and enforce the laws regarding children. The Committee notes the Government’s information that no case of child labour was registered in the past years. However, the Committee notes that the report of the findings on the worst forms of child labour in Bahrain indicates that the enforcement of child labour laws is adequate in the industrial sector, but not as effective outside that sector. Accordingly, the Committee encourages the Government to take measures in order to strengthen the mechanisms to monitor the implementation of the provisions giving effect to the Convention and combat the worst forms of child labour outside the industrial sector. It requests the Government to provide information on the progress made in this regard.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Measures taken to prevent the engagement of children in the worst forms of child labour and direct assistance for the removal of children of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking of children for labour exploitation. The Committee had previously noted that there were reported cases of children trafficked from Bangladesh to the Middle East to work as camel jockeys. It notes the Government’s information that the Social Development Ministry (SDM) of Bahrain established the National Centre for Child Protection (NCCP) in 2007 to protect children under 18 years of age from mistreatment and neglect. The NCCP also provides services and support to children and families and works on raising the awareness of children and society on the issue of child protection and the protection of children’s rights. The Government also indicates that several other institutions were also established by the SDM, such as the Child Care Unit and the Centre for the Welfare of Boys which provide services aimed at safeguarding the rights of children in society and preventing them from taking prematurely up employment by guiding them into education. The Committee requests the Government to provide information on the number of children who were effectively prevented or withdrawn from labour exploitation, including camel jockeying, as a result of the work carried out by the NCCP, the Child Care Unit and the Centre for the Welfare of Boys, and then rehabilitated and integrated.

Clause (d). Identify and reach out to children at special risk. The Committee notes the Government’s information that the Royal Charity Organization, set up by King Hamad Ben Eissa Al Khalifa, was established in 2001. The Government indicates that this organization is responsible for the welfare of Bahraini orphans by providing educational, health and social assistance and establishing and developing social projects, such as orphanages and homes for the welfare of children, as well as projects to protect child orphans from material needs which would otherwise push them into working. The Committee requests the Government to indicate the number of child orphans who were effectively prevented from being engaged in the worst forms of child labour as a result of the services provided by the Royal Charity Organization.

Article 8. International cooperation. Following its previous comments, the Committee notes the Government’s information that the Ministry of Labour signed several memoranda of understanding with the Arab Gulf Council countries and other labour exporting countries. The Government also indicates that it shall resort to regional cooperation with respect to the issue of eliminating the worst forms of child labour. The Committee requests the Government to provide information on the progress made with regard to establishing regional cooperation measures in order to prevent children from becoming engaged in the worst forms of child labour and, more particularly, trafficking for labour exploitation.

Part V of the report form. Application of the Convention in practice. The Committee requests the Government to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed.

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

The Committee notes with regret that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that the Government has ratified the UN Anti-Slavery Convention and that section 357 of the Penal Code prohibits deprivation of freedom. The Committee notes that there does not appear to be any penal provision expressly prohibiting the sale and trafficking of children under 18 years. The Committee reminds the Government that it is obliged under Article 1 to take immediate and effective measures to prohibit this form of child labour. It requests the Government to inform the Committee of the measures taken or envisaged to ensure that the sale and trafficking of children under 18 is effectively prohibited.

2. Forced or compulsory labour. The Committee observes that article 13 of the Constitution provides that compulsory labour cannot be imposed on any person except in the cases specified by law, or pursuant to a judicial ruling. The Committee requests the Government to provide information on cases under which compulsory labour of children is permitted by law and to supply a copy of the relevant provisions.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that, by virtue of section 355 of the Penal Code, it is an offence to print, import, export, own, possess, carry or display, with the intent of exploiting, distributing or showing any publications, drawings, pictures, films, symbols or such other items if they violate public morals. The Committee observes however that the Penal Code does not prohibit the use, procuring or offering of a child for the production of pornography or pornographic performances. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child for the production of pornography or for pornographic performances, constitutes one of the worst forms of child labour and is therefore prohibited for children under 18 years. The Committee also reminds the Government that it is required under Article 1 to take “immediate measures” to ensure the prohibition of the worst forms of child labour. The Committee accordingly requests the Government to take measures as a matter of urgency to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances, and to provide for effective penalties.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee observes that sections 2 and 3 of Law No. 4 of 1974 on controlling the use and circulation of narcotic substances and preparations prohibit the importing, exporting, producing, possessing, buying, selling, exchanging or disposing of narcotic substances. Since the use, procuring or offering of a child for the production and trafficking of drugs does not appear to be prohibited, the Committee asks the Government to indicate the measures taken or envisaged to this end. The Committee also asks the Government to provide information on the legal provisions prohibiting the use, procuring or offering of a child under 18 years for other illicit activities.

Clause (d). Hazardous work. The Committee notes that section 51 of the Labour Law states that juveniles aged under 16 years may be employed in industries and occupations other than those deemed to be hazardous or unhealthy and enumerated by an Order of the Minister of Health in cooperation with the Minister of Labour and Social Affairs. Section 52 of the Labour Law prohibits the employment of juveniles between sunset and sunrise. It also notes the Government’s indication that the Labour Law will be amended to address the economic and social changes in the country; the new Labour Law will provide for the protection of children as required under the Convention. The Committee accordingly requests the Government to take the necessary measures to ensure that the new Labour Law will be adopted soon.

The Committee observes that the Labour Law defines a worker as a person employed for remuneration in the service and under the control and supervision of an employer (section 1). The Committee therefore notes that self-employed workers are excluded from the scope of application of the Labour Law. It also notes that, by virtue of section 2 of the Labour law, the following categories of workers are also excluded from its scope of application: (i) domestic servants and the like; (ii) persons employed in temporary and casual work which is outside the scope of the employer’s business and for a duration not exceeding three months; (iii) persons employed in agricultural work other than workers employed in agricultural work which process or market their products; and (iv) workers permanently employed in operating or repairing mechanical equipment used in agriculture. The Committee asks the Government to take urgent measures to ensure that self-employed workers, domestic workers, casual workers and all agricultural workers under 18 years of age do not perform work which is likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that Ministerial Order No. 6 of 1976 on hazardous industries and occupations, which jeopardize the health of young persons, provides for a list of 25 types of hazardous work that persons under 16 years of age may not perform. It observes that national legislation does not provide for a list of hazardous work for children between 16 and 18 years of age.

The Committee reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this regard, the Committee draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which provides that, in determining the types of such hazardous work, consideration should be given, inter alia, to: (i) work which exposes children to physical, psychological or sexual abuse; (ii) work underground, underwater, at dangerous heights or in confined spaces; (iii) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (iv) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels or vibrations damaging to their health; (v) work under particularly difficult conditions, such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that a list determining the types of hazardous work that may not be performed by children under 18 years of age will be adopted shortly, in consultation with the organizations of employers and workers concerned.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Government states that it has not established programmes of action to eliminate the worst forms of child labour under this Article because no such forms of child labour exist in Bahrain. In view of the report of the Special Rapporteur of the United Commission on Human Rights which is mentioned in detail in article 7, paragraph 2(a) (E/CN.4/2001/73/Add.2, 6 February 2001, paragraph 56), the Committee would be grateful if the Government would respond to those reports and, if correct, the measures it intends taking to eliminate this form of child labour.

Article 7, paragraph 2. Effective and time-bound measures. The Government states that it has not established time-bound measures contemplated under Article 7(2) because the worst forms of child labour do not exist in Bahrain. The Committee notes, however, that the Government has implemented an important measure to prevent the engagement of children in the worst forms of child labour by making education free and intends to implement an important measure by passing a law making education compulsory – see the Government’s statements to the UN Committee on the Rights of the Child (CRC/C/11/Add.24, 23 July 2001, paragraph 272).

Clause (a). Measures taken to prevent the engagement of children in the worst forms of child labour. Trafficking of children for labour or sexual exploitation. The Committee notes that according to the report of the Special Rapporteur of the United Nations Commission on Human Rights (E/CN.4/2001/73/Add.2, 6 February 2001, paragraph 56), there were reported cases of children trafficked from Bangladesh to the Middle East to work as camel jockeys. The Committee had also noted in its observation on the application of Convention No. 29 by Bangladesh that the Government of Bangladesh itself (“Children in need of special protection” of December 2000 drafted by the Ministry of Women and Child Affairs of Bangladesh) was aware of children being trafficked from Bangladesh to Gulf countries. The Committee accordingly requests the Government to provide information on the effective and time-bound measures taken or envisaged to prevent the trafficking of girls and boys under 18 years of age into Bahrain for labour or sexual exploitation.

Article 7, paragraph 3. Competent authority for the implementation of the provisions giving effect to the Convention. The Committee notes that, according to section 147 of the Labour Law, officers of the Ministry of Labour and Social Affairs shall be empowered to undertake industrial inspections and enforce the application of the provisions of this Law, and any regulations made thereunder.

It also notes that, according to section 8 of Order No. 28 of 1976, as amended by Order No. 38/1976, labour inspectors shall conduct periodical and comprehensive inspections (i.e. wages, working hours, employment of juveniles and women, etc.) of the workplaces falling under the scope of the application of the Labour Law and subsequent regulations, and prepare data concerning matters falling under their competence. Labour inspectors are entitled to enter all places of work without prior notice during working hours, to examine all relevant documents, obtain samples from the materials used and dealt with in the establishments, and to question the employer and the workers (section 14 of Order No. 28 of 1976 as amended by Order No. 38/1976). The Committee asks the Government to provide information on the activities of labour inspectors, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

Article 8. International cooperation. The Committee notes that Bahrain is a member of Interpol, which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Government ratified the Convention on the Rights of the Child in 1992.

The Committee also notes the Government’s indication that, due to the absence of the worst forms of child labour, no steps are taken to establish international cooperation. The Committee reminds the Government that, by virtue of Article 8 of the Convention, Members must take appropriate steps to assist one another in giving effect to the provisions of this Convention through enhanced international cooperation and assistance, including support for social and economic development, poverty eradication programmes and universal education. The Committee accordingly requests the Government to provide information on the measures taken to ensure, through international cooperation, that the worst forms of child labour do not arise in the country and to provide assistance to countries facing such problems.

Part V of the report form. The Committee asks the Government to provide information on the worst forms of child labour, including, for example, copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

The Committee notes that the Government is in the process of reviewing its Labour Law. It hopes that the Labour Code will be amended shortly and will take into account the points raised above. In this regard, the Committee reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

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 matters raised in its previous direct request, which read as follows:

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that the Government has ratified the UN Anti-Slavery Convention and that section 357 of the Penal Code prohibits deprivation of freedom. The Committee notes that there does not appear to be any penal provision expressly prohibiting the sale and trafficking of children under 18 years. The Committee reminds the Government that it is obliged under Article 1 to take immediate and effective measures to prohibit this form of child labour. It requests the Government to inform the Committee of the measures taken or envisaged to ensure that the sale and trafficking of children under 18 is effectively prohibited.

2. Forced or compulsory labour. The Committee observes that article 13 of the Constitution provides that compulsory labour cannot be imposed on any person except in the cases specified by law, or pursuant to a judicial ruling. The Committee requests the Government to provide information on cases under which compulsory labour of children is permitted by law and to supply a copy of the relevant provisions.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that, by virtue of section 355 of the Penal Code, it is an offence to print, import, export, own, possess, carry or display, with the intent of exploiting, distributing or showing any publications, drawings, pictures, films, symbols or such other items if they violate public morals. The Committee observes however that the Penal Code does not prohibit the use, procuring or offering of a child for the production of pornography or pornographic performances. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child for the production of pornography or for pornographic performances, constitutes one of the worst forms of child labour and is therefore prohibited for children under 18 years. The Committee also reminds the Government that it is required under Article 1 to take “immediate measures” to ensure the prohibition of the worst forms of child labour. The Committee accordingly requests the Government to take measures as a matter of urgency to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances, and to provide for effective penalties.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee observes that sections 2 and 3 of Law No. 4 of 1974 on controlling the use and circulation of narcotic substances and preparations prohibit the importing, exporting, producing, possessing, buying, selling, exchanging or disposing of narcotic substances. Since the use, procuring or offering of a child for the production and trafficking of drugs does not appear to be prohibited, the Committee asks the Government to indicate the measures taken or envisaged to this end. The Committee also asks the Government to provide information on the legal provisions prohibiting the use, procuring or offering of a child under 18 years for other illicit activities.

Clause (d). Hazardous work. The Committee notes that section 51 of the Labour Law states that juveniles aged under 16 years may be employed in industries and occupations other than those deemed to be hazardous or unhealthy and enumerated by an Order of the Minister of Health in cooperation with the Minister of Labour and Social Affairs. Section 52 of the Labour Law prohibits the employment of juveniles between sunset and sunrise. It also notes the Government’s indication that the Labour Law will be amended to address the economic and social changes in the country; the new Labour Law will provide for the protection of children as required under the Convention. The Committee accordingly requests the Government to take the necessary measures to ensure that the new Labour Law will be adopted soon.

The Committee observes that the Labour Law defines a worker as a person employed for remuneration in the service and under the control and supervision of an employer (section 1). The Committee therefore notes that self-employed workers are excluded from the scope of application of the Labour Law. It also notes that, by virtue of section 2 of the Labour law, the following categories of workers are also excluded from its scope of application: (i) domestic servants and the like; (ii) persons employed in temporary and casual work which is outside the scope of the employer’s business and for a duration not exceeding three months; (iii) persons employed in agricultural work other than workers employed in agricultural work which process or market their products; and (iv) workers permanently employed in operating or repairing mechanical equipment used in agriculture. The Committee asks the Government to take urgent measures to ensure that self-employed workers, domestic workers, casual workers and all agricultural workers under 18 years of age do not perform work which is likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that Ministerial Order No. 6 of 1976 on hazardous industries and occupations, which jeopardize the health of young persons, provides for a list of 25 types of hazardous work that persons under 16 years of age may not perform. It observes that national legislation does not provide for a list of hazardous work for children between 16 and 18 years of age.

The Committee reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this regard, the Committee draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which provides that, in determining the types of such hazardous work, consideration should be given, inter alia, to: (i) work which exposes children to physical, psychological or sexual abuse; (ii) work underground, underwater, at dangerous heights or in confined spaces; (iii) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (iv) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels or vibrations damaging to their health; (v) work under particularly difficult conditions, such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that a list determining the types of hazardous work that may not be performed by children under 18 years of age will be adopted shortly, in consultation with the organizations of employers and workers concerned.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Government states that it has not established programmes of action to eliminate the worst forms of child labour under this Article because no such forms of child labour exist in Bahrain. In view of the report of the Special Rapporteur of the United Commission on Human Rights which is mentioned in detail in article 7, paragraph 2(a) (E/CN.4/2001/73/Add.2, 6 February 2001, paragraph 56), the Committee would be grateful if the Government would respond to those reports and, if correct, the measures it intends taking to eliminate this form of child labour.

Article 7, paragraph 2. Effective and time-bound measures. The Government states that it has not established time-bound measures contemplated under Article 7(2) because the worst forms of child labour do not exist in Bahrain. The Committee notes, however, that the Government has implemented an important measure to prevent the engagement of children in the worst forms of child labour by making education free and intends to implement an important measure by passing a law making education compulsory – see the Government’s statements to the UN Committee on the Rights of the Child (CRC/C/11/Add.24, 23 July 2001, paragraph 272).

Clause (a). Measures taken to prevent the engagement of children in the worst forms of child labour. Trafficking of children for labour or sexual exploitation. The Committee notes that according to the report of the Special Rapporteur of the United Nations Commission on Human Rights (E/CN.4/2001/73/Add.2, 6 February 2001, paragraph 56), there were reported cases of children trafficked from Bangladesh to the Middle East to work as camel jockeys. The Committee had also noted in its observation on the application of Convention No. 29 by Bangladesh that the Government of Bangladesh itself (“Children in need of special protection” of December 2000 drafted by the Ministry of Women and Child Affairs of Bangladesh) was aware of children being trafficked from Bangladesh to Gulf countries. The Committee accordingly requests the Government to provide information on the effective and time-bound measures taken or envisaged to prevent the trafficking of girls and boys under 18 years of age into Bahrain for labour or sexual exploitation.

Article 7, paragraph 3. Competent authority for the implementation of the provisions giving effect to the Convention. The Committee notes that, according to section 147 of the Labour Law, officers of the Ministry of Labour and Social Affairs shall be empowered to undertake industrial inspections and enforce the application of the provisions of this Law, and any regulations made thereunder.

It also notes that, according to section 8 of Order No. 28 of 1976, as amended by Order No. 38/1976, labour inspectors shall conduct periodical and comprehensive inspections (i.e. wages, working hours, employment of juveniles and women, etc.) of the workplaces falling under the scope of the application of the Labour Law and subsequent regulations, and prepare data concerning matters falling under their competence. Labour inspectors are entitled to enter all places of work without prior notice during working hours, to examine all relevant documents, obtain samples from the materials used and dealt with in the establishments, and to question the employer and the workers (section 14 of Order No. 28 of 1976 as amended by Order No. 38/1976). The Committee asks the Government to provide information on the activities of labour inspectors, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

Article 8. International cooperation. The Committee notes that Bahrain is a member of Interpol, which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Government ratified the Convention on the Rights of the Child in 1992.

The Committee also notes the Government’s indication that, due to the absence of the worst forms of child labour, no steps are taken to establish international cooperation. The Committee reminds the Government that, by virtue of Article 8 of the Convention, Members must take appropriate steps to assist one another in giving effect to the provisions of this Convention through enhanced international cooperation and assistance, including support for social and economic development, poverty eradication programmes and universal education. The Committee accordingly requests the Government to provide information on the measures taken to ensure, through international cooperation, that the worst forms of child labour do not arise in the country and to provide assistance to countries facing such problems.

Part V of the report form. The Committee asks the Government to provide information on the worst forms of child labour, including, for example, copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

The Committee notes that the Government is in the process of reviewing its Labour Law. It hopes that the Labour Code will be amended shortly and will take into account the points raised above. In this regard, the Committee reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

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

The Committee takes note of the Government’s first and second reports. It requests the Government to supply further information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. In its report, the Government states that the worst forms of child labour do not exist in Bahrain and accordingly there is no need to take immediate measures to eliminate those forms of child labour. The Committee reminds the Government that Article 1 also requires the Government to take urgent measures to prohibit those forms of child labour. The Committee notes that the Government has made the Convention part of domestic law by Decree No. 12 of 2001 and that most of the prohibitions contemplated by the Convention have been given effect in legislation. The Committee wishes to point out however that legislative prohibition does not exhaust the measures expected of a government under the Convention.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that the Government has ratified the UN Anti-Slavery Convention and that section 357 of the Penal Code prohibits deprivation of freedom. The Committee notes that there does not appear to be any penal provision expressly prohibiting the sale and trafficking of children under 18 years. The Committee reminds the Government that it is obliged under Article 1 to take immediate and effective measures to prohibit this form of child labour. It requests the Government to inform the Committee of the measures taken or envisaged to ensure that the sale and trafficking of children under 18 is effectively prohibited.

2. Forced or compulsory labour. The Committee observes that article 13 of the Constitution provides that compulsory labour cannot be imposed on any person except in the cases specified by law, or pursuant to a judicial ruling. The Committee requests the Government to provide information on cases under which compulsory labour of children is permitted by law and to supply a copy of the relevant provisions.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/11/Add.24, 23 July 2001, paragraph 302) that there is no compulsory military service in Bahrain.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee observes that, by virtue of section 324(1) of the Penal Code, "every person who entices a male or a female to commit acts of immorality or prostitution or assists in such acts in any manner whatsoever" commits an offence. Section 325(1) of the Penal Code also states that "every person who forces a male or a female to commit acts of immorality or prostitution by way of coercion, threat or deceit" commits an offence. According to section 326 of the Penal Code, it is prohibited to: (1) totally or partly rely on the earnings of prostitution; (2) totally or partly rely on the earnings of persons engaged in prostitution or immoral acts by influencing or exercising authority over such persons or by encouraging them to indulge in prostitution or immorality; and (3) to protect a person engaged in immorality or prostitution for a benefit. The Committee also observes that it is prohibited, by virtue of section 328 of the Penal Code, to establish or run premises for purposes of immorality or prostitution. According to section 329 of the Penal Code a person who solicits another in a public place to perform acts of immorality or prostitution commits an offence.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that, by virtue of section 355 of the Penal Code, it is an offence to print, import, export, own, possess, carry or display, with the intent of exploiting, distributing or showing any publications, drawings, pictures, films, symbols or such other items if they violate public morals. The Committee observes however that the Penal Code does not prohibit the use, procuring or offering of a child for the production of pornography or pornographic performances. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child for the production of pornography or for pornographic performances, constitutes one of the worst forms of child labour and is therefore prohibited for children under 18 years. The Committee also reminds the Government that it is required under Article 1 to take "immediate measures" to ensure the prohibition of the worst forms of child labour. The Committee accordingly requests the Government to take measures as a matter of urgency to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances, and to provide for effective penalties.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee observes that sections 2 and 3 of Law No. 4 of 1974 on controlling the use and circulation of narcotic substances and preparations prohibit the importing, exporting, producing, possessing, buying, selling, exchanging or disposing of narcotic substances. Since the use, procuring or offering of a child for the production and trafficking of drugs does not appear to be prohibited, the Committee asks the Government to indicate the measures taken or envisaged to this end. The Committee also asks the Government to provide information on the legal provisions prohibiting the use, procuring or offering of a child under 18 years for other illicit activities.

Clause (d). Hazardous work. The Committee notes that section 51 of the Labour Law states that juveniles aged under 16 years may be employed in industries and occupations other than those deemed to be hazardous or unhealthy and enumerated by an Order of the Minister of Health in cooperation with the Minister of Labour and Social Affairs. Section 52 of the Labour Law prohibits the employment of juveniles between sunset and sunrise. It also notes the Government’s indication that the Labour Law will be amended to address the economic and social changes in the country; the new Labour Law will provide for the protection of children as required under the Convention. The Committee accordingly requests the Government to take the necessary measures to ensure that the new Labour Law will be adopted soon.

The Committee observes that the Labour Law defines a worker as a person employed for remuneration in the service and under the control and supervision of an employer (section 1). The Committee therefore notes that self-employed workers are excluded from the scope of application of the Labour Law. It also notes that, by virtue of section 2 of the Labour law, the following categories of workers are also excluded from its scope of application: (i) domestic servants and the like; (ii) persons employed in temporary and casual work which is outside the scope of the employer’s business and for a duration not exceeding three months; (iii) persons employed in agricultural work other than workers employed in agricultural work which process or market their products; and (iv) workers permanently employed in operating or repairing mechanical equipment used in agriculture. The Committee asks the Government to take urgent measures to ensure that self-employed workers, domestic workers, casual workers and all agricultural workers under 18 years of age do not perform work which is likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that Ministerial Order No. 6 of 1976 on hazardous industries and occupations which jeopardize the health of young persons provides for a list of 25 types of hazardous work that persons under 16 years of age may not perform. It observes that national legislation does not provide for a list of hazardous work for children between 16 and 18 years of age.

The Committee reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this regard, the Committee draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which provides that, in determining the types of such hazardous work, consideration should be given, inter alia, to: (i) work which exposes children to physical, psychological or sexual abuse; (ii) work underground, underwater, at dangerous heights or in confined spaces; (iii) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (iv) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels or vibrations damaging to their health; (v) work under particularly difficult conditions, such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that a list determining the types of hazardous work that may not be performed by children under 18 years of age will be adopted shortly, in consultation with the organizations of employers and workers concerned.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes the absence of information in the Government’s report on efforts made to identify where work that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, exists. The Committee reminds the Government that, according to Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, must identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken in this regard.

Article 5. Monitoring mechanisms. The Government states that it is not necessary to establish or designate a monitoring mechanism because the worst forms of child labour do not exist in Bahrain and accordingly there are no such forms to eliminate. The Committee, however, reminds the Government that it is required under Article 1 not only to take immediate and effective measures to eliminate the worst forms of child labour but also to take measures to secure the prohibition of those forms of child labour. The requirement to establish or designate a monitoring mechanism is as pertinent to the prohibition of the worst forms of child labour as it is to their elimination. The Committee accordingly calls on the Government to consult with the employers’ and workers’ organizations as it is required to do under Article 5 and to designate or establish appropriate mechanisms to monitor the implementation of the provisions of the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Government states that it has not established programmes of action to eliminate the worst forms of child labour under this Article because no such forms of child labour exist in Bahrain. In view of the report of the Special Rapporteur of the United Commission on Human Rights which is mentioned in detail in article 7,  paragraph 2(a) (E/CN.4/2001/73/Add.2, 6 February 2001, paragraph 56), the Committee would be grateful if the Government would respond to those reports and, if correct, the measures it intends taking to eliminate this form of child labour.

Article 7, paragraph 1. Penalties. The Committee observes that compulsory labour is prohibited under article 13 of the Constitution. Noting the absence of penalties for the violation of the legal provision prohibiting compulsory labour, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that effective and dissuasive penalties apply to a person who violates the legal provision on compulsory labour.

The Committee notes that, by virtue of section 324(1) of the Penal Code, a person who entices a male or a female under 18 years of age to commit acts of immorality or prostitution or assists in such acts in any manner whatsoever is liable to a maximum of five years’ imprisonment. Section 325 of the Penal Code states that a person who forces, by way of coercion, threat or deceit, a male or a female under 18 years of age to commit acts of immorality or prostitution is liable to three to ten years’ imprisonment. Section 326 of the Penal Code further states that a male or a female who: (1) totally or partly relies on the earnings of prostitution; (2) totally or partly relies on another person’s earnings from prostitution or immoral acts (i.e. acting as a pimp); (3) protects another person who is engaged in immoral conduct or prostitution in consideration of a benefit, is liable to a maximum of five years’ imprisonment. The Penal Code also provides that a person who establishes or runs premises for purposes of immorality or prostitution, or assists in any manner in the establishment or running thereof is liable to two to five years’ imprisonment (section 328). Section 329 of the Penal Code further provides that a person who solicits another in a public place to perform acts of immorality or prostitution is liable to a maximum of two years’ imprisonment. The Committee requests the Government to provide information on the practical application of the abovementioned provisions.

Article 7, paragraph 2. Effective and time-bound measures. The Government states that it has not established time-bound measures contemplated under Article 7(2) because the worst forms of child labour do not exist in Bahrain. The Committee notes, however, that the Government has implemented an important measure to prevent the engagement of children in the worst forms of child labour by making education free and intends to implement an important measure by passing a law making education compulsory - see the Government’s statements to the UN Committee on the Rights of the Child (CRC/C/11/Add.24, 23 July 2001, paragraph 272).

Clause (a). Measures taken to prevent the engagement of children in the worst forms of child labour. Trafficking of children for labour or sexual exploitation. The Committee notes that according to the report of the Special Rapporteur of the United Nations Commission on Human Rights (E/CN.4/2001/73/Add.2, 6 February 2001, paragraph 56), there were reported cases of children trafficked from Bangladesh to the Middle East to work as camel jockeys. The Committee had also noted in its observation on the application of Convention No. 29 by Bangladesh that the Government of Bangladesh itself ("Children in need of special protection" of December 2000 drafted by the Ministry of Women and Child Affairs of Bangladesh) was aware of children being trafficked from Bangladesh to Gulf countries. The Committee accordingly requests the Government to provide information on the effective and time-bound measures taken or envisaged to prevent the trafficking of girls and boys under 18 years of age into Bahrain for labour or sexual exploitation.

Article 7, paragraph 3. Competent authority for the implementation of the provisions giving effect to the Convention. The Committee notes that, according to section 147 of the Labour Law, officers of the Ministry of Labour and Social Affairs shall be empowered to undertake industrial inspections and enforce the application of the provisions of this Law, and any regulations made thereunder.

It also notes that, according to section 8 of Order No. 28 of 1976, as amended by Order No. 38/1976, labour inspectors shall conduct periodical and comprehensive inspections (i.e. wages, working hours, employment of juveniles and women, etc.) of the workplaces falling under the scope of the application of the Labour Law and subsequent regulations, and prepare data concerning matters falling under their competence. Labour inspectors are entitled to enter all places of work without prior notice during working hours, to examine all relevant documents, obtain samples from the materials used and dealt with in the establishments, and to question the employer and the workers (section 14 of Order No. 28 of 1976 as amended by Order No. 38/1976). The Committee asks the Government to provide information on the activities of labour inspectors, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

Article 8. International cooperation. The Committee notes that Bahrain is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Government ratified the Convention on the Rights of the Child in 1992.

The Committee also notes the Government’s indication that, due to the absence of the worst forms of child labour, no steps are taken to establish international cooperation. The Committee reminds the Government that, by virtue of Article 8 of the Convention, Members must take appropriate steps to assist one another in giving effect to the provisions of this Convention through enhanced international cooperation and assistance, including support for social and economic development, poverty eradication programmes and universal education. The Committee accordingly requests the Government to provide information on the measures taken to ensure, through international cooperation, that the worst forms of child labour do not arise in the country and to provide assistance to countries facing such problems.

Part V of the report form. The Committee asks the Government to provide information on the worst forms of child labour, including, for example, copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

The Committee notes that the Government is in the process of reviewing its Labour Law. It hopes that the Labour Code will be amended shortly and will take into account the points raised above. In this regard, the Committee reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.