Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Convenio sobre la abolición del trabajo forzoso, 1957 (núm. 105) - Bahrein (Ratificación : 1998)

Communication of texts. The Committee again requests the Government to supply copies of the prison regulations and any other provisions governing prison labour.

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. The Committee has noted that penalties of imprisonment (involving compulsory prison labour, under section 55 of the Penal Code) may be imposed under the following provisions of national legislation in circumstances falling within the scope of Article 1(a) of the Convention, namely:

(a)   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);

(b)   section 68 of the abovementioned Legislative Decree No. 47 of 2002 (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);

(c)   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);

(d)   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 recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. Referring also to the explanations provided in
paragraphs 152–166 of its General Survey of 2007 on the eradication of forced labour, the Committee points out that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. But sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the peaceful expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision. Such views may be expressed orally or through the press or other communications media or through the exercise of the right of association or participation in meetings and demonstrations. Since freedom of expression of political views is closely linked to the right of association and of assembly through which citizens seek to secure the dissemination and acceptance of their views, any prohibitions enforced by penalties involving compulsory labour which affect the constitution or functioning of political parties or associations, or participation therein, or organization of meetings and demonstrations, may raise questions of their compatibility with the Convention.

The Committee notes that the scope of the provisions referred to above is not limited to violence or incitement to violence, but provides for political coercion and the punishment of the peaceful expression of non-violent views that are critical of government policy and the established political system, and 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 therefore hopes that the necessary measures will be adopted with regard to the above provisions in order to bring national law into conformity with Article 1(a) of the Convention, for example, by limiting their scope to the acts of violence or incitement to violence or by replacing sanctions involving compulsory labour with other kinds of sanctions, such as, for example, fines. Pending the adoption of such measures, it requests the Government to provide information on the application of the abovementioned provisions in practice, including sample copies of the court decisions and indicating the penalties imposed.

Article 1(c) and (d). Punishment for breaches of labour discipline and participation in strikes in the public service. The Committee previously noted, referring also to its comments addressed to the Government under Convention No. 29, likewise ratified by Bahrain, that section 293(1) of the Penal Code provides for penalties of imprisonment (which involve compulsory prison labour under section 55 of the Penal Code) in a situation “when three or more civil servants abandon their work, even in the form of resignation, if they do so by common accord with a view to achieving a common objective”. This provision is also applicable to persons who are not civil servants, but who perform work related to the public service (section 297 of the Penal Code). According to section 294(1) of the Penal Code, a punishment of imprisonment may be also inflicted upon a civil servant who relinquishes his office or refuses to discharge any of his official duties with the intent of obstructing the pursuit of business or causes any disruption to the pursuit thereof. The Committee requested the Government to take the necessary measures with a view to amending these provisions in order to bring them into conformity with the Convention.

The Committee previously noted the Government’s indication in its 2006 report that a comprehensive revision of the Penal Code had been undertaken and that, in the course of the revision of the above sections of the Penal Code, the Committee’s comments would be taken into account. In its latest report, the Government indicates that the Committee’s comments have been taken into account and submitted to the competent authorities of the Kingdom responsible for the organization of work in the civil service (the Civil Service Diwan) and for the application of the penal legislation (Ministry of Interior).

While noting these indications, the Committee expresses the firm hope that the necessary measures will be taken, in the course of the legislative reform, to bring legislation into conformity both with this Convention and Convention No. 29, and that the Government will soon be able to report the progress made in this regard.