Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

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

Article 3 of the Convention. Worst forms of child labour. Clause (b).  Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that, 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.