Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Forced Labour Convention, 1930 (No. 29) - Bahrain (Ratification: 1981)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters:

The Committee noted with interest the information and detailed legislative documentation supplied by the Government with its report for the period ending 30 June 1987 in reply to the Committee's previous request. Noting the Government's indication that copies of regulations concerning the military service have yet to be received from the competent authority immediately concerned and will be transmitted to the International Labour Office as soon as possible, the Committee looks forward to the inclusion of this documentation in the Government's next report. It also requests the Government to supply further information on the following points:

(a) The Committee noted the Government's indication that copies of the national laws and regulations concerning the civil service have already been transmitted to the ILO. The Committee has examined the provisions of Civil Service Regulations No. 710 of 15 November 1984 which deal with occupational health and safety. It would appreciate it if copies of the laws and regulations governing the duration of engagement in, and the conditions of resignation from, the civil service could be supplied with the next report, including copies of any regulations providing for an obligation to serve for a definite time in exchange for education or training received.

(b) The Committee noted that Article 107 of the Penal Code (Legislative Decree No. 15 of 1976) which defines the term "civil servant" provides in its second paragraph that "the office or service may be ... voluntary or forced". The Committee would ask the Government to indicate the cases referred to in which the office or service may be non-voluntary.

Freedom to leave the service

(c) The Committee noted that Article 293, paragraph 1, of the Penal Code provides for penalties of imprisonment "when three or more civil servants abandon their work, even in the form of resignation ... and if it is under a common accord among them or in view of realising a common objective". By virtue of Article 297, this provision is also applicable to persons in charge of a public service and to any individual who performs work related to public service even if he neither has the status of a civil servant, nor is in charge of a public service. The Committee, referring also to its request under point (a) above would ask the Government to supply information on the practical application of these provisions, including copies of court decisions, if any, defining or illustrating their scope, and to indicate any measures taken or contemplated in this connection to preserve the freedom of civil servants and other persons covered by Article 293(1) to terminate their employment by giving notice of reasonable duration.

(d) The Committee noted that under Article 110 of the Bahrain Maritime Code, if a contract of employment is made for a definite period which has expired during the voyage, such contract shall be extended by virtue of the law until the arrival of the ship in the next Bahrain port. Noting also that Article 98 of the Code prohibits crew members from leaving the ship without permission, it asks the Government to indicate any measures taken or envisaged to enable a crew member having served for the agreed definite period to terminate his employment and leave at a foreign port if he so wishes, particularly where the prospect of the ship's calling at a Bahrain port may be remote or even uncertain. In the same connection, the Committee requests the Government to indicate any sanctions applicable to seamen in case of violation of sections 98 or 110 of the Code.

(e) Article 2, paragraph 2(c), of the Convention. The Committee noted that under Article 55 of the Penal Code, anybody sentenced to a prison term has to perform prison labour in conformity with the law. The Committee requests the Government to supply copies of any laws or regulations governing prison labour, with regard in particular to any possibility of convict labour being hired to, or placed at the disposal of, private individuals, companies or associations.

(f) Article 2, paragraph 2(d). The Committee noted from the Government's report that no legislation has yet been enacted providing for the imposition of labour in cases of national emergency under Article 13(c) of the Constitution. It would ask the Government to supply with its future reports copies of any such legislation when adopted.

(g) Article 25. The Committee noted with interest that under Article 198 of the Penal Code civil servants and persons in charge of a public service who submit workers serving the State or one of the bodies referred to in Article 107 to forced labour shall be punished with imprisonment. Since under Article 25 of the Convention, any illegal exaction of forced or compulsory labour by anybody, regardless of his status, and not only for public activities but also for private ones, shall be punishable as a penal offence, the Committee requests the Government to indicate any penal provisions which would apply in cases of illegal exaction of labour not covered by Article 198 of the Penal Code.