Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Articles 1(1) and 2(1) of the Convention. 1. Freedom of civil servants to leave the service of the State. In its earlier comments, the Committee referred to section 293(1) of the Penal Code which provides for penalties of imprisonment “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). The Committee pointed out that the prohibition from resigning, as set out in the above provisions, namely under menace of imprisonment, places a constraint upon the persons concerned to continue working. The Committee previously noted the Government’s indication in its report that the body of legislation as a whole was being re-examined within the framework of the legislative reform project of the King, and that the revision of sections 293 and 297 could be undertaken in this context, taking due account of the provisions of the Convention. The Government indicates in its latest report that the Committee’s comments have been taken into consideration in the course of the preparation of the new draft Labour Code, which has been submitted to Parliament for discussion.

The Committee trusts that measures will be taken, in the course of the legislative reform, to bring legislation into conformity with the Convention, and that the Government will soon be able to provide information on the progress made in this regard. It also refers in this connection to its comments addressed to the Government under Convention No. 105, likewise ratified by Bahrain.

2. Freedom of career members of the armed forces to leave their service. In its earlier comments, the Committee noted that, under section 4 of Legislative Decree No. 16 of 1977 governing the service of military officers in the Defence Force of Bahrain, officers undertake to serve for an uninterrupted period of 15 years, during which they do not have the right to resign. Under section 123 of the Decree, any officer who submits a resignation is not entitled to leave the service before it is accepted. The Committee also noted that, under sections 92 and 47(a) of Legislative Decree No. 23 of 1979 governing the service of rank and file members of the armed forces, those members of the armed forces who submit their resignation are not entitled to leave their service until the resignation is accepted, under penalty of disciplinary sanctions imposed by the commanding officer or military tribunals (section 49(a) and (b)).

While having noted the Government’s views expressed in its previous report that such a lengthy period of an uninterrupted service of officers can be explained by the high cost of military training received by the officers, the Committee draws the attention of the Government to paragraphs 46 and 96–97 of its General Survey of 2007 on the eradication of forced labour. Those paragraphs reinforce that persons who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. This is subject to the conditions which may normally be required to ensure the continuity of the service and also taking into account the possibility of proportional reimbursement of the cost of training incurred. As the Committee pointed out in paragraph 96 of the above General Survey, the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention.

The Committee therefore reiterates it hope that measures will be taken to ensure that career members of the armed forces will fully enjoy the right to leave their service in peacetime at their own request within a reasonable period, either at specified intervals, or with previous notice, in conformity with the Convention. Pending the adoption of such measures, the Committee again requests the Government to provide information on the numbers of the applications to resign accepted or refused, indicating in particular the reasons for refusal.

Articles 1(1), 2(1) and 25. Trafficking in persons for the purpose of exploitation. The Committee notes with interest the Government’s indication in the report that a draft law on the prohibition of trafficking in persons has been submitted for consideration by Parliament. The Committee hopes that the Government will communicate a copy of the new law, as soon as it is adopted. Referring also to its 2000 general observation concerning trafficking, the Committee requests the Government to provide, in its next report, information on the measures taken or envisaged to combat trafficking in persons for the purpose of exploitation, including extracts from relevant reports, studies and inquiries, as well as available statistics.

Communication of texts. Further to its earlier comments, the Committee again requests the Government to attach to future reports copies of any laws or regulations respecting the performance of work in the event of national emergencies adopted under article 13(c) of the Constitution of 14 February 2002.