Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Legislative protection. In its previous comments, the Committee raised doubts about the effectiveness of the legal protection available in the country to victims of work-related discrimination. The Committee noted, in particular, that article 18 of the Constitution does not prohibit discrimination on the basis of race or colour and it does not appear to protect non-nationals from discrimination on the grounds listed in the Convention. This may leave the many foreign workers living in the country without legal protection from discriminatory treatment. Noting that the Labour Code for the private sector was being revised, the Committee thus encouraged the Government to introduce in the Code an explicit definition, as well as an express prohibition of discrimination in accordance with Article 1 of the Convention.

The Committee notes the Government’s indication that the Labour Code for the private sector applies equally to all workers in the Kingdom, irrespective of their sex or nationality. The Committee considers, however, that the insertion in the labour legislation of an explicit provision prohibiting discrimination with respect to all the grounds set forth in Article 1(1)(a) of the Convention would ensure a more direct and effective application of the Convention. The Committee therefore hopes that the Government will introduce in the new Labour Code provisions explicitly defining and prohibiting direct and indirect discrimination on the basis of all the grounds enumerated in Article 1(1)(a) of the Convention and in respect of all aspects of employment. Please provide information on any further developments concerning the status of the new Labour Code for the private sector and provide a copy once it has been adopted.

Migrant workers. The Committee understands that Bahrain is receiving a growing number of migrant workers, mainly from Asia and some African countries, who are employed for the most part in domestic work, as well as in the entertainment and construction industries. The Committee notes from the 2005 concluding observations of the Committee on the Elimination of Racial Discrimination (CERD) that migrant workers are facing serious discrimination in the enjoyment of their social, economic and cultural rights, especially as regards employment (CERD/C/BHR/CO/7, 14 April 2005, paragraph 14). Moreover, recalling that domestic workers’ employment relations fall outside the scope of the Labour Code, the Committee notes that women migrant domestic workers are particularly vulnerable to abuses and discrimination. In addition, the Committee notes the concerns expressed by the UN Special Rapporteur on trafficking in persons, especially women and children, about the effects of the sponsorship system in force in the country and its distortions resulting in an unequal distribution of power between employers and migrant workers, which increases the possibility of migrant workers being abused and exploited (A/HRC/4/23/Add.2, 25 April 2007, paragraph 62ff.). The Committee notes that this state of dependency of migrant workers on their employers seriously affects the enjoyment of their labour rights and exposes them to discriminatory practices. The Committee also notes that because of this system, migrant workers are often reluctant to make formal complaints against their employers. The Committee notes that in the context of the review of the Labour Code the abolition of the sponsorship system is envisaged (ibid., paragraph 64). The Committee further notes from the Government’s report that the new draft Labour Code, currently before the National Assembly, will cover some categories of workers previously excluded from the application of the Labour Code with respect to certain aspects of labour relations, including weekly rest and compensation following unfair dismissal. The Committee requests the Government to:

(i)    examine the current situation of migrant workers with a view to identifying the most effective measures to be taken in order to prevent and address the multiple discrimination in employment and occupation, based on race, colour, religion or sex, of which migrant workers, especially women migrant domestic workers, are victims, and report on the steps taken in this regard;

(ii)   provide information on the number and nature of any relevant complaints filed by migrant workers, especially domestic workers, before the Ministry of Labour and Social Affairs, as well as on any relevant violations detected by the labour inspectorate, the sanctions imposed and the remedies provided;

(iii) provide information on any developments concerning the abolition of the sponsorship system; and

(iv)  consider extending the scope of the Labour Code provisions to domestic workers, casual workers and agricultural workers.

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