Observación (CEACR) - Adopción: 2021, Publicación: 110ª reunión CIT (2022)

Convenio sobre la abolición del trabajo forzoso, 1957 (núm. 105) - Bahrein (Ratificación : 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 falling within the scope of the Convention:

• – Legislative Decree No. 47 of 2002: section 22 – governing the press, printing and publishing: publishing or circulating publications which have not been authorized for circulation; section 68 – harming or criticizing the official religion of the State, its foundations and principles; and criticizing the King or blaming him for any act of the Government.
• – Act No. 26 of 23 July 2005 on political associations: section 25 – violating any provision of the Act for which no specific penalty is provided for.
• – Legislative Decree No. 18 of 5 September 1973 governing public assemblies, meetings and processions as amended by Act No. 32 of 2006: section 13 – 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 Penal Code: section 168 – 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 section 169 - the publication of false reports or forged documents that could undermine the public peace or cause damage to the country’s supreme interest.

The Committee noted with regret that despite the amendments made to the Penal Code in 2015, sections 168 and 169 remained the same. The Government indicated that the abovementioned provisions aim to protect the public order as well as the sovereignty of the State.

The Committee notes the Government’s information in its report that all the above-mentioned provisions provide for imprisonment as one of the penalties for their violation, however there is no reference to the performance of compulsory labour. The provisions under section 168 of the Penal Code refer to damaging the national security and threatening public peace as a criterion for punishment which is excluded from the principles of the Convention. The Government states that according to section 55 of the Penal Code “Every person sentenced to a punishment involving deprivation of liberty, shall perform the labour to which he/she is assigned in prison, in accordance with the Law and with due regard to his/her circumstances, and with the intent of reforming and qualifying him/her for integration into the community.” The Government stresses that the work assigned to prisoners is preliminary to post-prison rehabilitation and training programmes and that it has never been a form of hard labour, revenge, or a means for gain or economic benefit. The Government further refers to the Reform and Rehabilitation Institution Law No. 18 of 2014 which regulates the employment of inmates. The Government therefore considers that the provisions under the abovementioned legislation do not fall within the scope of the Convention. It further states that the court rulings regarding the above-mentioned laws do not include references to forcing the convict to perform a particular job, instead they refer to the type and duration of the penalty and the amount of the fine.

The Committee points out that even though the penalties prescribed for the violation of the above-mentioned provisions do not specifically refer to compulsory labour, they include the sanction of imprisonment which, if imposed, involve an obligation for the prisoner to perform work as per section 55 of the Penal Code. The Committee recalls that the Convention protects persons who hold or express political views or views ideologically opposed to the established political, social or economic system by prohibiting the imposition on them of sanctions of imprisonment, which may involve compulsory labour. The Committee stresses that the purpose of the Convention is to ensure that no form of compulsory labour, including compulsory prison labour exacted from convicted persons, is imposed in the circumstances specified in the Convention, which are closely interlinked with the exercise of civil liberties. The Committee has already stressed that the range of activities which must be protected from punishment involving compulsory labour comprises the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media), 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. While recognizing that certain limitations may be imposed on these rights and freedoms as normal safeguards for public order to protect society, such limitations must be strictly within the framework of the law (paragraph 302 and 303 of the 2012 General Survey on the fundamental Conventions). The Committee considers that it is not necessary to use prison sentences involving compulsory labour to maintain public order. Nevertheless, the protection provided for by the Convention does not extend to persons who use violence, incite to violence or engage in preparatory acts aimed at violence. In this regard, the Committee notes that the UN Human Rights Committee in its concluding observations of 2018, expressed concern about the serious restrictions imposed on freedom of expression and the large number of arrests and prosecutions of individuals criticizing State authorities or political figures, including through social media (CCPR/C/BHR/CO/1, paragraph 53). The Committee therefore strongly urges the Government to take the necessary measures to amend the above-mentioned provisions, by limiting their scope to acts of violence or incitement to violence, or by replacing sanctions of imprisonment involving compulsory labour with other kinds of sanctions (e.g. fines), in order to ensure that no form of compulsory labour (including compulsory work assigned to a prisoner pursuant to section 55 of the Penal Code, be it for reforming or rehabilitative purposes) may be imposed on persons who, without using or advocating violence, express certain political views or oppositions to the established political, social or economic system. Pending the adoption of such measures, the Committee requests the Government to provide information on the application in practice of the abovementioned provisions, including copies of the court decisions, and indicating the prosecutions carried out, the penalties imposed and the grounds for such decision.

Article 1(c) and (d). Punishment for breaches of labour discipline and participation in strikes in the public services. The Committee previously noted that section 293(1) of the Penal Code provides for penalties of imprisonment (which involve compulsory prison labour pursuant to 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). According to section 294(1), 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 to bring sections 293(1), 294(1) and 297 of the Penal Code into conformity with the Convention.

The Committee notes the Government’s indication that the penalties under sections 293(1), 294(1) and 297 of the Penal Code were intended to ensure the compliance and smooth functioning of government institutions. The work relationship between the public servant and the government entity is regulated by the Civil Service Law No. 48 of 2010. Any matter concerning the employee’s resignation and the determination of whether such resignation has caused any harm to the institution shall be referred to the judiciary for adjudication. An employee who leaves or is absent from their workplace shall be punished in accordance with the aforementioned rules in the Civil Service Law and its Implementing Regulation, neither of which state that the employee is liable to imprisonment for leaving his/her workplace. The Government further states that no judicial rulings have been issued in accordance with the above-mentioned provisions against a group of public servants for agreeing together to abandon their workplace or refusing to perform their duties, whether by resigning or abstaining from performing their duties.

The Committee recalls that the imposition of sanctions involving compulsory labour as a punishment for breaches of labour discipline or for having peacefully participated in strikes is incompatible with the Convention. It also points out that, sanctions involving compulsory labour for breaches of labour discipline may only be applied if such breaches impair or are likely to endanger the operation of essential services, or in cases of wilful acts which would endanger the safety, health or life of individuals. The Committee observes in this connection that the abovementioned sections of the Penal Code are worded in terms broad enough to lead to the imposition of sanctions of imprisonment, which involve an obligation to perform labour, in situations covered by Article 1(c) and (d) of the Convention.  The Committee therefore once again requests the Government to take the necessary measures to bring sections 293(1), 294(1) and 297 of the Penal Code into conformity with the Convention by ensuring that no sanctions involving compulsory labour may be imposed as a punishment for breaches of labour discipline or for peaceful participation in strikes. The Committee requests the Government to provide information on the progress made in this regard.