Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Bahreïn (Ratification: 2001)

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.