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

Abolition of Forced Labour Convention, 1957 (No. 105) - Bahrain (Ratification: 1998)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views, or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted that penalties of imprisonment (involving compulsory prison labour pursuant to section 55 of the Penal Code) may be imposed under the following provisions of national legislation in circumstances that are contrary to or incompatible with the Convention:

• – Section 22 of Legislative Decree No. 47 of 2002 governing the press, printing and publishing: publishing or circulating publications which have not been authorized for circulation.
• – Section 68 of the abovementioned Legislative Decree: harming or criticizing the official religion of the State, its foundations and principles; criticizing the King or blaming him for any act of the Government.
• – Section 25 of Act No. 26 of 23 July 2005 on political associations: violating any provision of the Act for which no specific penalty is provided for.
• – Section 13 of Act No. 32 of 2006, which amends Legislative Decree No. 18 of 5 September 1973 governing public assemblies, meetings and processions: organization of or participation in public meetings, processions, demonstrations and gatherings without notification or in violation of an order issued against their convening; violating any other provision of the Act.

The Committee observed that the scope of these provisions is not limited to acts of violence or incitement to violence, but allows for political coercion and the punishment of the peaceful expression of opinions that are critical of government policy and the established political system; as well as for the punishment of various non-violent actions affecting the constitution or functioning of political associations, or organization of meetings and demonstrations, with penalties involving compulsory labour.

The Committee notes that the Government’s report contains no information on the issues raised with regard to the above provisions. The Government indicates, however, that Law No. 51 of 2012, which amends several provisions of the Penal Code, replaces sections 168 (punishing with imprisonment the dissemination of false reports and statements, as well as the production of publicity seeking to damage public security or cause damage to the public interest) and 169 (punishing with imprisonment the publication of false reports or forged documents that could undermine the public peace or cause damage to the country’s supreme interest). The Government also states that the amended provisions do not include an obligation to work in connection with the penalties established.

While noting this information, the Committee observes that the texts of amended sections 168 and 169 remain virtually the same, including with regard to the imposition of sanctions of two years’ imprisonment, which, by virtue of section 55 of the Penal Code, involves an obligation to work. The Committee recalls, referring also to paragraphs 302–304 of its 2012 General Survey on the fundamental Conventions, that the range of activities which must be protected from punishment involving compulsory labour under Article 1(a) of the Convention comprise the freedom to express political or ideological views, as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views and which may also be affected by measures of political coercion. In light of the above considerations, the Committee requests the Government to provide information on cases in which prison sentences have been imposed in recent years under any of the provisions referred to above, including information on the nature of offences that led to prison sentences. It expresses the firm hope that the Government will take the necessary measures, in the framework of the current law review process, to ensure that no prison sentences involving compulsory labour are imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system. The Committee requests the Government to provide information on the progress made in this regard.

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