Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Bahrein (Ratificación : 2001)

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.