Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes the Government’s reply to its earlier comments. While noting the Government’s brief indications in its report concerning freedom of opinion and expression, with reference to articles 23, 24 27 and 28 of the Constitution of the Kingdom of Bahrain, the Committee repeats its request for copies of the legislation in force in the following fields: laws governing the press and other media; laws governing public assemblies, meetings and demonstrations; laws governing political parties and associations; prison regulations and any other provisions governing prison labour.

Article 1(c) and (d) of the Convention. Punishment for breaches of labour discipline and participation in strikes in the public service. The Committee previously noted the regulations of 3 August 1987 regarding disciplinary measures applicable to public servants and requested the Government to provide copies of legislative texts governing the right to strike in the public service. It notes the Government’s brief indications in the report concerning guarantees of the right to strike in the public and private sector, with reference to section 21 of the Act on Trade Unions, 2002, which provides for the right to strike, subject to certain restrictions.

The Committee notes, however, 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 may 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 also be 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 draws the Government’s attention to the explanations in paragraphs 110-116 and 123-132 of its General Survey of 1979 on the abolition of forced labour, in which it pointed out that it is not incompatible with the Convention to impose penalties (even involving an obligation to perform labour) for participation in strikes in essential services in the strict sense of the term (that is, services whose interruption would endanger the life, personal safety or health of the whole or part of the population), or for participation in strikes in breach of freely concluded collective agreements, or in situations of force majeure. Similarly, the Convention does not protect persons responsible for breaches of labour discipline that impair, or are liable to endanger, the operation of essential services or which are committed in the exercise of functions that are essential to safety or in circumstances where life or health are in danger.

However, the Committee observes that the wording of the abovementioned sections 293(1), 294(1) and 297 of the Penal Code is broad enough to lead to the imposition of such penalties in a wider range of circumstances, which is not in conformity with the Convention.

The Committee has noted the Government’s indication, in its latest report on the application of Convention No. 29, that the body of legislation as a whole is being currently re-examined within the framework of the legislative reform project of the King, and that revision of the above sections of the Penal Code could be undertaken in this context, taking due account of the provisions of the Convention. The Committee therefore expresses its firm hope that 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.

Pending the revision, the Committee requests the Government to provide information on the application of the above penal provisions in practice, supplying copies of the court decisions and indicating the penalties imposed.