Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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

The Committee notes the observations of the General Federation of Bahrain Trade Unions (GFBTU) received by the Office on 28 August 2025.

Article 1 of the Convention. Discrimination on the basis of political opinion. The Committee notes the Government’s statement that the dismissal cases related to the 2011 events have been resolved with the approval of the GFTBTU and other relevant authorities, and that no complaints concerning financial compensation were received by the Ministry of Labour or any other entity. The Government refers to the official letter received by the Ministry of Labour and Social Development from the GFBTU, dated 3 June 2019, which contained the GFBTU’s approval of the final settlement of this issue, and indicates that the GFBTU’s affirmation in 2022 about the lack of financial compensation for certain dismissed workers contradicts the final settlement reached. In this respect, the Government recalls that the Tripartite Agreement of 2014 on the final settlement of the dismissed workers’ cases indicated that unresolved issues relating to any financial claims or compensation relating to the period of suspension from work and dismissal from service would be referred to a tripartite committee. The Government indicates that the tripartite committee has therefore not been established, but all avenues for collaboration are open to the GFBTU to discuss its views on this issue and any other issues through the joint bilateral committee. The Committee notes the information provided by the Government and observes that the GFBTU has not provided further observations on the matter.

Education International. Referring to its previous comments, the Committee notes the Government’s indication that the Ministry of Labour confirms that all recorded cases of teachers being dismissed as a result of the 2011 events have been addressed.

Act No. 58/2006 on the protection of society from acts of terrorism. The Committee notes the Government’s statement that: (1) it does not see a connection between the Act No. 58/2006 on the protection of society from acts of terrorism and the Convention; and (2), under the Labour Code, employers have no obligation to terminate a worker’s employment relationship in case the worker is convicted of a misdemeanour or felony under another law. While taking notes of this information, the Committee underlines that, under the Convention, all measures of state security should be sufficiently well defined and precise to ensure that they do not become instruments of discrimination on the basis of any ground prescribed in the Convention. It also recalls that protection against discrimination on the basis of political opinion implies protection in respect of the activities of expressing or demonstrating opposition to established political principles and opinions. It also covers discrimination based on political affiliation (see 2012 General Survey on the fundamental Conventions, paras 805 and 834). The Committee therefore once again requests thatthe Government provide information on the practical application of Act No. 58/2006, including any court cases brought against workers for alleged violations of the Act and the outcomes of those proceedings.

Article 1(1)(a) and (3). Grounds of discrimination and aspects of employment and occupation. Private and public sectors. The Committee notes the Government’s view that existing Labour Code provisions adequately address discrimination in employment and offer sufficient legal protection, and that legislative amendments will be considered if gaps emerge. The Committee recalls, however, that where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention and provide explicit prohibitions of both direct and indirect discrimination across all areas of employment and occupation (i.e. access to vocational training, access to employment and to particular occupations, and terms and conditions of employment). Clear and comprehensive definitions are essential to effectively identify and address discriminatory practices (see 2012 General Survey on the fundamental Conventions, paras 743, 853–54). The Committee therefore again requests the Government to amend both the Labour Code and the Civil Service Instructions No. 16/2016 to provide for: (i) a comprehensive definition of discrimination which should include direct and indirect discrimination and cover the seven grounds listed in the Convention; and (ii) protection against discrimination in all forms of employment and occupation.

Discrimination based on sex. Sexual harassment. The Committee refers to its previous comments on the Labour Law, as amended by Decree No. 59 of 2018, lacking a definition of sexual harassment, and notes the Government’s statement that the text amended is consistent with the principles of the Constitution and its general language is capable of encompassing all the principles featured in Article 1 of Convention. The Committee also notes that the Government indicates that shelters, healthcare services, legal advice and access to special lawyers are available to the victims, including migrants. The Committee recalls that, for a number of years, it has referred to the need to define sexual harassment in employment and occupation encompassing both: (1) quid pro quo: any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men which is unwelcome, unreasonable and offensive to the recipient; and a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job; and (2) hostile work environment: conduct that creates an intimidating, hostile or humiliating working environment for the recipient. The Committee considers that without a clear definition of sexual harassment in employment, it remains doubtful whether the legislation effectively addresses all forms of sexual harassment (see 2012 General Survey on the fundamental Conventions, para. 791). The Committee therefore again urges the Government to take steps to adopt a clear and comprehensive definition and prohibition of sexual harassment. It also requests the Government to provide more detailed and specific information on the remedies available to a victim in the event of a proven case of sexual harassment lodged with the various judicial, quasi-judicial and administrative bodies. Please also provide information on any awareness-raising campaign against sexual harassment in the world of work conducted and examples of cases where sanctions have been imposed covering both forms and addressing sexual harassment also by clients, representative of the employer and not just co-workers.

Articles 2 and 3. Equality of opportunity and treatment for men and women. Legislation. The Government informs that: (1) women represent 60 per cent of employees in the public sector and 36 per cent in the private sector, with a total labour market participation rate of approximately 42 per cent; and (2) women are represented in 50 per cent of public sector leadership positions and in 35 per cent of private sector executive positions. The Committee also notes the Government’s statement that the Supreme Council of Women has succeeded in advancing the status of women across all development paths. The Committee further notes that the National Plan for the Advancement of the Bahraini Women has been extended to 2026. The Committee notes that, in its observations, the GFBTU refers to four complaints it received from women who have been dismissed because of pregnancy and maternity and affirms that employers use this sort of dismissals to avoid the charges related to maternity leave and nursing hours prescribed by law. The Committee notes that the Government indicates that the Ministry of Labour and Social Development has not received any official complaints regarding the dismissal of workers due to pregnancy or maternity and it welcomes any information that the GFBTU could provide in that regard. The Committee notes from the concluding observations of the UN Committee on the Elimination of Discrimination against Women (CEDAW) that an increased percentage of women and girls graduate in the fields of science, technology, engineering and mathematics (STEM), but this has not led to increased labour market participation by women in these fields (CEDAW/C/BHR/CO/4, 2 March 2023, para. 36). The Committee requests the Government to continue to provide information on the results achieved through the implementation of the National Plan for the Advancement of the Bahraini Women and the initiatives undertaken by the Supreme Council of Women, including information on women’s access to STEM occupations. Please also provide information on any cases involving discrimination on the basis of pregnancy and maternity addressed by the competent authorities, and their outcomes.

Equality of opportunity and treatment irrespective of race, colour and national extraction. Migrant workers. The Committee notes that the flexi work permit has been replaced by the Labour Registration Programme (LRP), which allows migrant workers in an irregular situation to regularize their status and obtain renewable work permits. Workers facing unfair conditions may apply independently for a new permit. Registration is free, and permit fees range from BHD106 to BHD364, including health insurance. The Government considers these costs reasonable. The Labour Market Regulatory Authority approved over 186,000 worker transfers between 2022 and 2024. The Committee notes that more than 33,000 domestic workers are covered by the Tripartite Employment Contract, and awareness efforts on their rights have been launched with the International Organization for Migration. The Committee also notes the GFBTU’s concerns about unequal treatment of national and migrant workers in allowances and administrative requirements. The Government explains that housing and social allowances depend on contractual arrangements and may apply to either group. It further states that all workers, regardless of nationality, undergo security and qualification checks adapted to their respective legal and administrative contexts. The Committee also notes that the UN Committee on the Elimination of Racial Discrimination (CERD) expressed concern among others, that migrant workers reportedly continue to face: (1) abuse and exploitation, such as the non-payment of wages and the confiscation of passports, and face discrimination in employment; and (2) difficult working conditions, including forced labour, and debt bondage. The CERD also pointed out the lack of information demonstrating that legislation to protect migrant workers is routinely enforced and that employers are held accountable for violations (CERD/C/BHR/CO/8-14, 29 December 2022, paras 27 and 29). The Committee requests the Government to clarify whether the Labour Registration Programme is open to all migrant workers, without exceptions, and to provide information on the number of registrations and type of permits (six-month, one-year or two-year permit) requested and granted. The Committee encourages the Government to monitor if the costs of obtaining the permits may act as an obstacle for some migrant workers, especially low-income workers when compared with their monthly wages. It further requests the Government to continue to provide information on: (i) the number of migrant workers who have transferred to new employers before the expiry of the contract; and (ii) the proactive steps taken to prevent and address discrimination in employment and occupation, including terms and conditions of employment, against migrant workers and on any complaints alleging discrimination filed with the competent authorities and their outcomes. Please also clarify the rationale for recognizing social allowances solely to certain groups of workers.

The Committee is raising other matters in a request addressed directly to the Government.