National Institution for Human Rights – Kingdom of Bahrain
was corrected by returning the employee to work. With respect to the complaint
related to non-empowerment to exercise the right to work, NIHR found that there
is no right violated, since the action taken by the competent Ministry is consistent
with the law. Concerning the complaint of non-receipt of pay for work, NIHR has
contacted the Information Affairs Authority, which reported that the complainant
did not submit the documents related to the claim. As a result, the complainant was
directed to resort to the judicial authority since it is the best way to prove the right.
As regards the last complaint related to job relocation, NIHR found that it does not
have the jurisdiction to consider the complaint, since the case is still pending before
an administrative investigation authority at the Ministry of Education
RECOMMENDATIONS:
In light of the foregoing, NIHR recommends the following:
1. Urging the Government to complete the positive steps taken to settle the cases of the
dismissed workers in order to finally close this dossier.
2. Urging the legislative authority to make the necessary adjustments to Decree-Law
No. 78 of 2006, so that it guarantees the right to disbursement of the subsidy amount
for job seekers or compensation for the unemployed throughout the period of job
seeking or unemployment, and stating the legal controls that prevent the abuse of
this right.
3. Urging the Government to join the ILO Convention No. 87 of 1988 concerning
Freedom of Association and Protection of the Right to Organize, and ILO Convention
No. 98 of 1988 concerning the Application of the Principles of the Right to Organize
and to Bargain Collectively.
4. Urging the Government to make further efforts to create employment opportunities
to accommodate the largest possible number of job seekers.
5. Urging the Government to make further efforts to improve the level of wages and
career incentives in the public and private sectors to be commensurate with a decent
standard of living.
6. Urging the Government to take strict legal action against business owners and
companies that did not comply with the minimum protection requirements of
expatriates’ accommodations.
7. Urging the legislative authority to enact a law dealing with domestic workers affairs
and recruitment offices, including a statement of the rights and obligations of the
parties involved.
THIRD: COMBATING TRAFFICKING IN PERSONS 7
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”. It 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. As such,
it constitutes a flagrant violation of human rights and fundamental freedoms.
2. Despite the fact that the Constitution of the Kingdom of Bahrain did 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 “There is no forced labour except
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