National Institution for Human Rights – Kingdom of Bahrain
in the cases specified by law for national exigency and for affair consideration, or
implementing court judgment”.
3. In the context of national legislation, Law No. 1 of 2008 on Combating Human
Trafficking sets out the legal elements of trafficking in persons crimes, the penalties
for committing this crime, the procedures to be observed in the stage of investigation
or trial as legal guarantees for the victim of this crime, and a statement of the national
mechanisms adopted to prevent, combat and protect the victims of trafficking in
persons. It should be noted that the above-mentioned Law is not the first law to
address the crime of trafficking in persons in the Kingdom of Bahrain. In fact, it
was preceded by other legislation represented in the provisions of the Penal Code
promulgated by Decree-Law No. 15 of 1976, as amended. Articles 198 and 302 bis
of the Penal Code criminalize some forms of this crime, in case of using workers to
perform a certain work for the State, a government or public agency, or any other
entity, or detaining their wages, in whole or in part, without justification, whether it
is by a public officer, an officer assigned with public service, or any other individual.
4. The provisions of Law No. 19 of 2006 on the Regulation of the Labor Market, as
amended, address the crime of trafficking in persons. The Law organizes the
relationship between foreign workers and the employers to ensure the recognition
of the rights of workers and not exploiting them. Law No. 5 of 2007 on Combating
Begging and Homelessness define the two terms, their conditions, and the actions
taken against them. In certain circumstances, begging is considered a form of
trafficking in persons. Law No. 37 of 2012 Promulgating the Law of the Child include
provisions to protect the children from falling victims to this crime as a result any
form of exploitation.
5. In terms of international human rights instruments, the Slavery Convention concluded
in September 1926, amended by the Protocol of 1953, the 1956 Supplementary
Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices
Similar to Slavery, which were acceded to by the Government of the Kingdom of
Bahrain under Decree No. 7 of 1999 , in addition to the International Covenant on
Civil and Political Rights, which was acceded to by the Government of the Kingdom
of Bahrain under Law No. 56 of 2006, prohibit all forms of slavery and trafficking
in persons. Other conventions include the United Nations Convention to Combat
Transnational Organized Crime, which was adopted by a resolution of the United
Nations General Assembly No. 25 in the fifty-fifth session of November 15, 2000, and
its two Protocols, namely: the Protocol against the Smuggling of Migrants by Land
and Sea, and the Protocol to Prevent, Suppress and Punish Trafficking in persons
especially Women and Children, which were acceded to by the Government of the
Kingdom of Bahrain under Law No. 4 of 2004.
6. The international human rights instruments as a whole define trafficking in persons
as the recruitment, transportation, transfer, harboring or receipt of persons, by means
of the threat or use of force or other forms of coercion, of abduction, of fraud, of
deception, of the abuse of power or of a position of vulnerability or of the giving or
receiving of payments or benefits to achieve the consent of a person having control
over another person, for the purpose of exploitation.
7. Exploitation for trafficking in persons includes the exploitation of the prostitution
of others or other forms of sexual exploitation, forced labor or services, slavery or
7. By reference to the international human rights instruments, it is noted that the term “trafficking in Persons” is used.
The same term has been adopted by the Special Rapporteur on trafficking in Persons, especially women and children.
However, Law No. 1 of 2008 on Combating Trafficking in Persons uses the term “Human trafficking”. Both terms has
the same concept.
87