Second Annual Report of the National Institution for Human Rights (NIHR) 2014 - Kingdom of Bahrain SECTION I: COMBATING TRAFFICKING IN PERSONS74 1. The crime of trafficking in Persons haunts the world’s conscience as a form of modern slavery. It is even known in the international circles as the “bondage of modern times” because it targets a category of persons who are forced by certain circumstances to be in a weak legal position through practices by other persons in a stronger legal position. This crime has been firmly addressed by the international human rights law because of its importance and seriousness. It is distinguished from the other crimes, since it entails deception or coercion to set the victims in a form of organized crime. States are concerned with submitting periodic reports which show the reality of the crime and the efforts taken by these countries to fight this crime. This attention stems from the fact that trafficking in persons constitutes a flagrant violation of human rights and fundamental freedoms. 2. The Kingdom of Bahrain is highly concerned with the crime of trafficking in Persons. Its national legislation includes various provisions dealing with the fight against this crime. The Kingdom played a positive role in this regard by highlighting it as a crime that constitutes a gross violation of the fundamental human rights and freedoms, by raising awareness of this crime through various mechanisms and means, and taking the necessary measures to prevent it. 3. Despite the fact that the Constitution of the Kingdom of Bahrain does not explicitly refer to the prohibition of slavery and trafficking in Persons in all their forms, Article 13, paragraph c, of the Constitution provides that “No forced labor shall be imposed on anyone except in the circumstances specified by the law for national emergency and with just remuneration, or as an implementation of a judicial decision”. 4. In the context of national legislation, Law No. 1 of 2008 on Combating Trafficking in Persons was enacted, which includes a preamble and ten articles. Article 1 addresses the concept of the crime of trafficking in persons, the legal elements constituting the crime, and forms of the crime. Articles 2 and 3 set out the sanctions against the perpetrators of this crime. Article 4 indicates the aggravated punishment for this crime. Articles 5 and 6 identify the necessary actions to be taken in this type of crime at the investigation or trial phases, as one of the legal safeguards that need to be enjoyed by the victim. 5. Article 7 of the aforementioned Law provides for setting up a committee known as the “Committee to Assess the Status of Foreign Victims” as per a decision by the Minister of Social Development. Article 8 provides for setting up a committee known as the “National Committee to Combat Trafficking in Persons” as per a decision by the Minister of Foreign Affairs. In particular, this Committee is concerned with developing and following up the issues related to preventing and combating trafficking in persons and protecting the victims of this crime. 6. It is noted that the aforementioned Law was not the first law to address trafficking in persons. 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, or a government or public agency, 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. 74 By reference to the international human rights instruments, it is noted that the term “Human 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 “trafficking in persons”. Both terms connote the same concept. 66