Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Bahrain (Ratification: 2000)

Article 2 of the Convention. Equality of opportunity and treatment between women and men. In its previous comments, the Committee noted the establishment of the Supreme Council of Women (SCW) and requested the Government to provide information on its functions and activities, as well as on the complaints received. The Committee notes the Government’s indication that the SCW’s mission is to empower women and integrate their needs in development in order to ensure the sustainability of their family stability and ties, as well as promote the principle of equal opportunity. The Government further refers to various measures, including establishing a framework of legislation and policies through submitting and commenting on legislative proposals and amendments, drawing up national plans on women, assessing the implementation of public policy relating to women, and raising the public’s awareness on women’s rights. According to the Government, the SCW has also launched a cluster of training and rehabilitation programmes for a few “socially acceptable projects” aimed at giving women the necessary skills and techniques to enable them to set up or manage small projects in a few “suitable occupations in view of the specific nature of Bahraini Women”. The Government further indicates that the SCW has established a “Woman Support Centre”, which receives complaints and provides free legal aid. The Committee notes the Government’s indication that in 2014, women’s participation had reached 47 per cent in the public sector and 31 per cent in the private sector, and that commercial enterprises owned by women reached 41 per cent. The Government also indicates that the rate of women’s participation in the government and private educational sectors reached approximately 50 per cent. In this regard, the Committee welcomes that within the context of this National Plan, the Government is seeking to set up a national observatory on labour market data aimed at consolidating the collection and dissemination of statistical data and indicators. The Committee further notes the adoption in 2013 of a National Plan for the Advancement of Bahraini Women (2013–22), which contains various target indicators regarding women’s economic empowerment, equal opportunities between men and women, and vocational education. The Committee notes however, that some of the activities carried out by the Supreme Council of Women and the National Plan appear to reflect the stereotyped assumptions regarding women’s aspirations and capabilities, and the assumption that the main responsibility for family care lies with them. The Committee recalls that this reinforces and prolongs stereotypes regarding the roles of women and men in the family and in society. The Committee requests the Government to continue to provide information on the measures taken by the Supreme Council of Women and other relevant authorities, including in the framework of the National Plan for the Advancement of Bahraini Women (2013–22) to promote the principle of equal opportunity between men and women. This may include specific examples of legislative reform undertaken or envisaged, as well as information on their impact on improving the employment opportunities for women including in areas traditionally dominated by men. The Committee also requests the Government to continue to provide statistical information on the participation of men and women in the labour market, disaggregated by sector, occupational categories and positions in both public and private sectors and the number of women and men respectively benefiting from vocational training.

National equality policy with a view to eliminating discrimination based on race, colour, religion, political opinion, national extraction and social origin. Noting that the Government has provided no specific information in this respect, the Committee emphasizes that pursuant to Article 3(f), the Convention requires national equality policies to be effective and clearly stated, which implies, among other things, that programmes should be set up, stereotyped behaviours and prejudicial attitudes should be addressed, a climate of tolerance should be promoted, and monitoring mechanisms should be put in place. As such, measures to address discrimination in law and practice should be concrete and specific, addressing all the grounds set out in the Convention (see 2012 General Survey on the fundamental Conventions, paragraph 844). The Committee urges the Government once again to take steps to adopt a national policy to promote equality of opportunity and treatment with a view to eliminating discrimination on the grounds of race, colour, religion, political opinion, national extraction and social origin, and to provide specific information in this regard.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s very general indication that it endeavours to hold consultations with social partners on issues relating to discrimination in the labour market. The Committee requests the Government to continue to provide information on any consultations undertaken, as well as cooperation with employers’ and workers’ organizations with a view to implementing the non-discrimination provisions of the Labour Law and promoting non-discrimination and equality in employment and occupation in practice.

Article 5. Special measures of protection. In its previous comments, the Committee referred to section 31 of the Labour Law related to work prohibited for women and requested the Government to take the necessary measures to ensure that protective measures applicable to women are limited to maternity protection in the strict sense. In this regard, the Committee notes the adoption of Ministerial Order No. 32 of 2013 which prohibits women’s employment in certain sectors and occupations, including underground work, work involving exposure to high temperature or dangerous vibrations, work requiring great or continuous physical efforts, and work involving the use or manufacturing of lead (section 1). The Committee also notes that Order No. 16 of 2013 regarding occupations and circumstances under which it is prohibited to employ women at night stipulates industrial establishments where women may not be employed at night, such as sites where materials are manufactured, destroyed and converted; shipbuilding sites; sites of electric jobs (generating, transferring or coupling); and sites of construction projects and civil engineering. The Committee notes that in its report, the Government indicates that these specific measures aim at protecting women from jobs which are against their dignity, capacities and constitution. The Committee recalls that protective measures applicable to women’s employment, which are based on stereotypes regarding women’s professional abilities and role in society, violate the principle of equality of opportunity between men and women in employment and occupation. In addition, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work (2012 General Survey, paragraph 840). The Committee urges the Government to take steps to ensure that protective measures applicable to women are limited to maternity protection in the strict sense, and to repeal or withdraw any provisions that constitute an obstacle to the recruitment and employment of women, such as Ministerial Order No. 16 of 2013 and section 1 of Order No. 32 of 2013. It requests the Government to provide information on the specific measures taken or envisaged in this regard. The Committee further requests the Government to indicate the specific measures adopted to ensure that all workers, both men and women, working under hazardous or difficult conditions are adequately protected.

Enforcement. The Committee notes the Government’s general indication that it has implemented a number of training courses for labour inspectors at the Ministry of Labour. The Committee requests the Government to continue to provide training to labour inspectors and other personnel involved in the monitoring and enforcing of the Labour Law, to assist them to better identify and address issues of discrimination in employment and occupation and to continue to take measures to raise awareness of workers and employers on the principle of the Convention, on non-discrimination provisions of the Labour Law, and the available avenues of dispute resolution. The Committee requests the Government to provide information on any judicial or administrative decisions concerning the application of the principle of the Convention, as well as information on any violations in this regard detected by the labour inspectorate, the sanctions imposed and the remedies granted.