7. The NIHR finds that it is necessary to determine the expenses that shall be refunded by the worker
in accordance with item no. (3) of the above article, without leaving it unlimited. In addition, item
(d) must be amended by adding the phrase “without prejudice to provisions of article No. (21) of
the law”. The NIHR also confirms the importance to add a final item in the article, which binds the
worker to perform the work entrusted to him at the homeowner exclusively.
8. With respect to Article No. (17), which stipulates that:”If any event of a complaint or information
related to a breach to the rights of the worker or the obligations of the homeowner or the worker,
the Authority shall take the following measures: (a) Summon the homeowner and worker to the
Authority to settle the complaint amicably.( b) If the complaint is related to worker’s place of
residence, the place of residence shall be inspected by male and female inspectors to ensure the
implementation of the provisions of this law after seeking the approval of the homeowner in this
regard. (c) If the homeowner object to the inspection mentioned in paragraph (b) of this article,
this shall be deemed as evidence against the homeowner to be considered by the Authority in
formulating its resolution on the complaint. (d) If the inspection provided for in this article shows
that there is any violation, the homeowner shall be warned to remove the effect of the same within
one week from date of warning; otherwise, an arrest report shall be prepared against him and the
necessary measures provided for in the applicable Private Sector Labor Law shall be taken”.
اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ
ﻟﻠﻤﺆﺳﺴﺔ اﻟﻮﻃﻨﻴﺔ ﻟﺤﻘﻮق اﻧﺴﻨﺎم
ـ ﻣﻤﻠﻜﺔ اﻟﺒﺤﺮﻳﻦ2015 ﻟﻌﺎم
9. The NIHR believes that while the above mentioned article substantially regulates the procedures
that shall be followed in event of receiving complaints related to a breach of the worker’s rights,
item (b) exceeds the limits of regulation and prejudices the privacy guaranteed by the Constitution
of Kingdom of Bahrain on places of residence in Article No. (25) stipulating: “Places of residence
shall be inviolable. They may not be entered or searched without the permission of their occupants
except in the circumstances and manner specified by the law”. In addition, Article No. (17) of the
International Covenant for Civil and Political Rights that the government of Kingdom of Bahrain
became party thereto according to law No. (56) of 2006, stipulates: “(a) In addition, no one shall be
subjected to arbitrary or unlawful interference with his privacy, family, home, or correspondence,
or to unlawful attacks on his honor and reputation. (b) Everyone has the right to the protection of
the law against such interference or attacks”. Naturally, the effect of item (b) is applicable to the
subsequent items which have all overlooked the international standards and national legislations
represented by the Constitution by breaching the protection granted to individuals in their places
of residence.
10. On the other hand, even though the inspection measure is issued by an entity other than the judicial
entity and acquired the administrative nature, it is naturally deemed as one of the investigation
procedures aimed at establishing the truth though search and investigation in a place granted
special inviolability by virtue of the law. In addition, the mentioned inspectors enjoy the capacity of
the judicial arrest officers, who are subject to articles and provisions of the Decree-by-Law No. (46)
of 2002 on issuing the Code of Criminal Procedures and the amendments thereof, which regulates
the work of the judicial arrest officer.
37