Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Bahreïn (Ratification: 2000)

Autre commentaire sur C111

Observation

Demande directe

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The Committee notes the observations of the General Federation of Bahrain Trade Unions (GFBTU) received by the Office on 31 August 2021 and 31 August 2022.

Article 1(1)(a) of the Convention. Discrimination on the basis of religious grounds. The Committee recalls that previously, in its reply to the GFBTU’s and the International Trade Union Confederation’s (ITUC) observations alleging discrimination in employment and occupation – mainly in the public sector - against citizens belonging to one religious’ community (Muslim workers of Shia “obedience” or Shia Muslims), the Government had merely described the legal framework in place concerning protection against discrimination in general. The Committee had therefore requested the Government to provide information on the situation in practice with regard to discrimination on the basis of religious grounds. In its report, after recalling that these kinds of general allegations needs evidence based on existing cases or events, the Government indicates that to date neither the Ministry of Labour and Social Development (MLSD) nor any of the different bodies competent in this regard, including the courts, have received any complaints alleging discrimination in employment and occupation related to religious discrimination. Between 2019-2021, the MLSD has handled a limited number of complaints alleging discrimination in employment and occupation and they concerned recruitment advertisements for jobs restricted to men only or to certain nationalities. As regards recruitment in the public and private sectors, the Government affirms that job vacancies do not include a reference to religion, doctrine or community affiliation, or any condition that the job applicant should be a member of one of the communities. Finally, the Government refers to: (1) the existence the International King Hamade Centre for peaceful coexistence which seeks to disseminate peace, and rejects hatred and sectarianism, (2) the creation of a King Hamad Chair for Interfaith Dialogue and Peaceful Coexistence at La Sapienza University (Italy) which offers large possibilities to students in different university phases for research and study in tolerance and religious sciences, as well as in other aspects of social knowledge; and (3) the signing in 2017 of the ‘Declaration of Kingdom of Bahrain’ as an international document which promotes religious freedoms, in addition to the ratification of several treaties rejecting violence, extremism and discrimination. The Committee asks the Government to provide information on any specific measures taken or envisaged to promote actively respect and tolerance for religious minorities, to combat any discrimination and stereotypical attitudes towards religious minorities and to ensure that authorities and the general public are informed that discrimination against religious minorities is unacceptable, including in education, training, employment and occupation. The Committee also asks the Government to provide, if available, detailed information on the education and employment situation of minority groups, including religious minority groups, disaggregated by sex, in both the public and private sectors, and at the various levels of responsibility.

The “1912” case. This concerns a group of university graduates predominantly consisting of women (95 per cent) who were hired in 2009 as trainees on fixed-term contracts by various government ministries and institutions with the expectation that they would be given priority in upcoming recruitment opportunities but who were dismissed in the wake of the 2011 protests. According to ITUC, although a number of them were able to obtain permanent positions, Shia Muslim trainees who had participated in the 2011 protests, as well as in other protests against discrimination, were dismissed. The Government indicates that, by September 2016, the MLSD succeeded in integrating 1449 graduates, i.e., approximately 75 per cent of the total number of those registered in the list in the public and private sectors (the recruitment of 940 trainees in the public sector and the recruitment of 509 trainees in the private sector). Furthermore, later on the employment contracts were extended for another group by granting them all the job benefits including their participation in social insurance schemes. This group was granted the right to continue employment or choose any other option if that was their wish. As for the remaining number, some of the graduates became entrepreneurs, while MLSD nominated the remaining persons to suitable jobs. The Committee takes note of this information.

Article 2. National equality policy with a view to eliminating discrimination based on race, colour, religion, political opinion, national extraction and social origin. The Committee takes note of the addition of a section 2 bis of Labour Law No.36 of 2012, as amended by Legislative Decree No.59 of 2018 which prohibits discrimination on the basis of gender, origin, language, religion or creed. It also notes the adoption of the National Plan for the Advancement of Bahraini Women for 2013–2022, as well as the awareness-raising campaigns undertaken by the Bahraini Supreme Council for Women to promote gender equality in the society. The Committee notes the GFBTU’s observation that Bahrain has yet to declare and pursue a clear national policy designed to promote equality of opportunity and treatment in respect of employment and occupation and notes the fact that the country Decent Work Country Programme developed jointly with the social partners under the auspice of ILO, which could have been used to advance the formulation of the national equality policy, has never been implemented. The Committee wishes to recall that the implementation of a national equality policy presupposes the adoption of a range of specific and concrete measures, including in most cases the need for a clear and comprehensive legislative framework, and ensuring that the right to equality and non-discrimination is effective in practice; proactive measures are also required to address the underlying causes of discrimination and de facto inequalities resulting from deeply entrenched discrimination. In that regard, the Committee wishes to point out that Article 2 of the Convention leaves considerable flexibility to each country regarding the most appropriate methods from the point of view of their nature and timing. From the information provided by the Government and the legislative framework in force, the Committee is of the view that the country is in the process of developing a national equality policy, in particular a gender policy. However, it observes that the national equality policy being developed is lacking in certain aspects, mainly because all the grounds prohibited by the Convention are not covered by the country anti-discrimination labour legislation and also the persistence of certain discrepancies between the legal framework and the requirements of the Convention. The Committee asks the Government:

(i)to formulate, in consultation with workers’ and employers’ organizations, a comprehensive national equality policy directed at addressing discrimination in employment and occupation based on all the grounds covered by the Convention as a minimum, by methods appropriate to national conditions and practice; and
(ii)to provide its comments regarding the alleged non application of the DWCP signed by all parties.

The Committee notes that in its latest observation, the GFBTU affirms that a large proportion of Bahrain’s population suffers from marginalization due to discrimination in employment and occupation on several grounds such as belief, political opinion, race, ethnic origin, etc, in particular with regard to its access to the educational scholarships system, as the decisions are taken on the grounds of belief, political opinion, ethnic origin, etc. The Committee requests the Government to provide its comments in this respect.

Article 3(a). Cooperation with employers’ and workers’ organizations. With regard to any cooperation or consultation undertaken with employers’ and workers’ organizations to promote non-discrimination and equality in employment and occupation in practice, the Government highlights the solid relationship between the three social partners. According to the Government, the MLSD holds bilateral and trilateral meetings on a regular basis with officials of the Bahrain Chamber of Commerce and Industry (BCCI), the Bahrain Free Labour Unions Federation (BFTU) and the General Federation of Bahrain Trade Unions (GFBTU). In addition, the representatives of the three social partners participate in tripartite administrative boards in respect of a few government institutions, which is a good example of social dialogue between the relevant partners. In this regard, the Committee notes the observations of the GFBTU calling for the establishment of a national mechanism where all concerned parties are represented, with a view to reviewing the application in practice of the anti-discrimination legislation but also to tackle other critical points for the social partners. The Committee recalls that the Convention acknowledges that employers’ and workers’ organizations have a key role to play in promoting the acceptance and observance of national policies and plans, including of a national policy on equality of opportunity and treatment in respect of employment and occupation. The Committee asks the Government to provide concrete examples of how it seeks the co-operation of employers’ and workers’ organizations in promoting the acceptance and observance of this policy.

Enforcement. The Committee noteswith interest that in 2021, the Labour Law (Amendment) Decree No.16 of 2021 established a special Unit within the Labour Complaint Division of the Ministry to receive workers’ complaints related to discrimination, on the ground of origin, language, religion or belief in addition to setting in place special procedures for the examination of such complaints and for taking the necessary action. A large awareness-raising campaign was organized to inform the public about the Labour Complaint Division Unit and the complaints procedures available in the case of discrimination at the workplace. The Government also indicates that four cases were reported in 2021 related to disparities in wages based on discrimination on the grounds of origin and gender. The Committee asks the Government to provide information on the activities of the Labour Complaint Division Unit, including the number of complaints received, their outcome and the remedies awarded. The Committee also asks the Government to provide information on the number of discrimination cases detected by the labour inspectorate or brought to its attention, as well as their outcome (i.e., sanctions imposed, and remedies granted).