11. It is also noted that item (c) establishes legal evidence against the homeowner, which assumes the
worker’s complaint shall be deemed correct if the homeowner objects to the inspection of the place
of residence. There is no doubt this evidence is supposedly unconstitutional because there is no
causal relationship between objection to inspection of the worker’s place within the house of the
employer and the validity of the complaint. There may be considerations leading the homeowner
to insist on objection to the inspection including the abuse of his moral reputation and infringement
of his privacy.
12. The NIHR considers that the above mentioned article should be reviewed in such a way that
doesn’t contradict the right of the individual to the privacy and the inviolability of his place of
residence guaranteed by virtue of the national legislation and international covenants, so that the
right of the worker to ensure the soundness of his complaint shall not be given priority over the
privacy granted by the legislation for the place of residence in a way that does not contradict the
provisions of Decree-by-Law No. (46) of 2002 on issuing the Code of Criminal Procedures and the
amendments thereof in this regard.
13. Regarding the last Article No. (20), which stipulates that:” (a) The inspectors, who are employees of
the Authority, and appointed by the CEO to perform the inspection work and ensure the execution
of the provisions of this law, statues, regulations and resolutions issued in execution thereof, shall
have the following mandate: 1. Accessing the workplaces, employment offices, and other related
places. 2. Reviewing the registers related to foreign employees. 3. Verification of work permits and
identification of foreign workers. 4. Requesting the necessary data, documents, and information
from the employers, recruitment offices, their representatives, or persons in charge of actual
management thereof. (b). The employers, recruitment offices, their representatives, or persons in
charge of actual management thereof shall not hinder the authority’s inspectors from performing
their tasks and shall provide them with the correct documents, data and information necessary for
performing their tasks within suitable period to be determined by them. (c). The employees to be
authorized by the Minister of Justice in agreement with the competent Minister shall have the power
of judicial arrest officers as for the crimes provided for herein, committed within their jurisdiction
and related to their jobs. The written reports regarding such crimes shall be referred to the Public
Prosecution by virtue of a resolution to be issued by the Authority’s CEO. The NIHR hereby refers
to the same opinion mentioned on Article No. (17) because the current article is related to the
inspection procedures. In addition, the NIHR is of the view that the following paragraph must be
added to the beginning of the Article: “Without prejudice to the provisions of Decree-by-Law No.
(46) of 2002 on issuing the Code of Criminal Procedures and amendments thereof that regulates the
work of the judicial arrest officers,” so that it doesn’t contradict the legal stipulations regulatinge
the work of the judicial arrest officers stipulated in the Decree-by-Law No. (46) of 2002 on issuing
the Code of Criminal Procedures and amendments thereof with the draft law in question.
اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ
ﻟﻠﻤﺆﺳﺴﺔ اﻟﻮﻃﻨﻴﺔ ﻟﺤﻘﻮق اﻧﺴﻨﺎم
ـ ﻣﻤﻠﻜﺔ اﻟﺒﺤﺮﻳﻦ2015 ﻟﻌﺎم
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