| Bahrain in the U.S. Report on Human Trafficking: Improvement in Performance and LegislationOn 14 June, the U.S. State Department issued its report on human 
				trafficking in the world. The report positioned Bahrain among the 
				countries that occupy the second category, a classification of countries 
				that their governments are doing their best to adhere to international 
				standards in this regard. The report pointed out that Bahrain does 
				not fully comply with the minimum standards for the elimination 
				of trafficking, but it is making significant efforts to do so. The 
				report added that the government did not show evidence of progress 
				in providing protective services to victims or prosecuting those 
				involved in cases of trafficking in persons. The report also criticized 
				Bahrain for not criminally prosecuting any employers or labour agents 
				for forced labour of migrant labourers, including domestic workers 
					
						|  |  This rating represents a development as far as regards Bahrain’s 
				dealing with the issue of trafficking in persons compared to the 
				reports issued in the same connection during the past three years, 
				where Bahrain was in the second category in the U.S. report for 
				2008 and 2009, respectively, while it was classified in the third 
				category in 2007. But this year there has been an evolution as Bahrain 
				has been positioned among the countries that are committed to apply 
				standards against trafficking in persons.  The Government of Bahrain cautiously welcomed the report, which 
				show the recognition of the State Department of the efforts made 
				and the developments that Bahrain has achieved in the fight against 
				trafficking in persons, but at the same time the report did not 
				do justice to Bahrain. The first reaction to the report came from 
				the Undersecretary of the Ministry of Foreign Affairs Abdullah Abdul 
				Latif who said in a press conference held on 14 June that: (We are 
				happy that there are international recognitions ?f increasing efforts 
				of the Kingdom of Bahrain in the fight against this phenomenon, 
				including praises coming from the High Commissioner for Human Rights, 
				the International Organization for Migration (IOM), as well as the 
				U.S. report itself which featured the efforts of countries in the 
				world in their fight against trafficking in persons). However, the 
				Undersecretary went on to criticize the U.S. report in that the 
				report did not do justice to Bahrain, which issued a report prepared 
				by the National Committee to Combat Trafficking in Persons in March 
				2010, which included efforts by the Bahraini government, according 
				to him.  To confirm Bahrain’s national and international obligations, 
				Abdullah Abdul-Latif said: (Bahrain will continue its efforts to 
				reach full implementation of all international standards to address 
				the phenomenon of trafficking in persons, and will continue to cooperate 
				with the concerned authorities at the local, regional and international 
				levels in this regard). He also referred to the future plans to 
				combat this phenomenon, including plans for the media aim at increasing 
				awareness among the citizens of the ?henomenon of trafficking in 
				persons.  Legislative Developments against Trafficking in Persons Although the U.S. State of Department report criticized Bahrain, 
				there are several indicators supporting Bahrain›s commitment to 
				international standards, including the opening of an office and 
				a branch by the IOM in Bahrain in January 2008. The IOM initiated 
				a project aims at capacity building and awareness on trafficking 
				in human persons in Bahrain. The project also aims to cooperate 
				with Bahrain›s government and civil society institutions to support 
				their capacity with regard to employment protection, da?a collection 
				and application of law.  The National Committee to Combat Trafficking in Persons has issued 
				its first report, which was translated into English. The report 
				dealt with the legislative developments in the Kingdom of Bahrain 
				since the issuance of the Bahraini Penal Code in 1976, which dealt 
				since that time with some types of trafficking in persons. The report 
				pointed to 9 articles criminalizing trafficking in persons. It also 
				pointed to the issuance of a number of decrees that strengthen the 
				fight against trafficking in persons, in?luding Decree No. 16 of 
				1998 on transplants of human organs being a form of trafficking 
				in persons to some extent; and the Decree No. 23 of 1976 regarding 
				the Labour Code, which regulates the employment of juveniles and 
				women.  There are many other legislative developments mentioned in the 
				report such as the Trade Unions Act promulgated by Legislative Decree 
				No. (33) of 2002; and Law No. (19) of 2006 on the organization of 
				the labour market. In August 2009, a law was passed allowing the 
				foreign worker to move into employment with another employer without 
				the consent of the first employer. The law requires the labour market 
				department to take actions that enable the worker to move. Furthermore, 
				the law imposes penalties for violat?on of its provisions, which 
				aim at combating forms of trafficking in persons, notably forced 
				labour.  In another development, the Government referred to the legislature 
				draft of a new labour law, which contains provisions governing the 
				work of domestic workers. For example, the draft law organizes the 
				form of employment contract, the number of hours and days of work, 
				and also includes sanctions on the employer in case of violating 
				the provisions of the employment contract.  Practical Measures to Combat Trafficking in Persons The report of the National Committee to Combat Trafficking in 
				Persons reviewed measures and decisions taken by government agencies, 
				including the establishment of a specialized unit to combat trafficking 
				in persons at the Ministry of the Interior, where the unit was formed 
				on the recommendation of the National Committee to Combat Trafficking 
				in Persons. The report focused briefly on the key activities to 
				build capacity and increase awareness about trafficking in persons, 
				as well as Bahrain’s cooperation with other organizations and agencies 
				of the U.N. in this regard.  Important indicator for the fight against trafficking in persons 
				in Bahrain deals with efforts made by Bahrain to organize the work 
				of foreign workers, especially irregular employment and how Bahrain 
				deals with the issue humanely and according to international standards.
				 The Minister of Labour issued a decision to form a High National 
				Committee to address the phenomenon of irregular employment. The 
				Labour Market Regulatory Authority created a system to electronically 
				protect the wages of workers, and to ensure that workers are receiving 
				their wages in full and in time. The electronic system also provides 
				the Regulatory Authority with the necessary database and information 
				about the operations of wages payment in the private sector and 
				to what extent the relevant instituti?ns are committed to pay wages 
				as agreed.  The BHRM noted many of the practical measures and decisions taken 
				by governmental agencies such as the establishment by the Ministry 
				of the Interior of a specialized unit for crimes of trafficking 
				in persons; not deporting any foreign workers by the General Directorate 
				of Nationality, Passports and Residence except by court orders; 
				receive complaints through the hotline; provide psychosocial support 
				and shelters to victims; coordination with the embassies and offices 
				of foreign workers to overcome the obstacles that may face the workers 
				as well as to reconcile their situation. Also the Labour Market 
				Regulatory Authority issued manuals on the rights of migrant workers 
				in several langua?es including Indi, Urdu, Bengali and English. 
				The Ministry of Social Development established a shelter for victims 
				of trafficking in persons; the Attorney-General passed a resolution 
				limiting the investigation of crimes of trafficking in persons to 
				the capital city alone, in order to increase cooperation between 
				the judicial officers and prosecutors; many cases of trafficking 
				in persons were determined by the Bahraini courts, which sentenced 
				to varying prison terms some defendants. For example, an Asian wo?an 
				was tried in December 2008 on charges of trafficking in persons 
				for exploitation of young Asian women in prostitution and the seizure 
				of their passports. The woman was gaining from the earnings of victim 
				females she was exploiting in prostitution. The court ruled against 
				the woman and sentenced her to three and a half years and fined 
				her 5000 BD. The victims were housed in a shelter house. Two persons 
				(Bahraini and an Asian) were arrested in January 2010 on charges 
				of trafficking in persons, and are cur?ently under pre-trial investigation 
				under the anti-trafficking law. In February 2010, a Bahrain was 
				arrested on charges of trafficking in persons and is currently being 
				investigated.  Recommendations The recommendations of the report of the U.S. State Department 
				are objective and practical and included:  ■ The need to continue to apply the Anti-Trafficking Law of 2008 
				in order to increase the effective investigation and prosecution 
				of crimes related to trafficking in persons, and to punish violators, 
				especially of crimes related to forced labour,  ■ Effectively investigate all crimes of trafficking in persons 
				including complaints obtained through the hotline.  ■ To benefit from the Interior Ministry to identify the victims 
				as a basis for the establishment and application of formal procedures 
				that help in identifying victims of trafficking among vulnerable 
				groups, such as women working as prostitutes and domestic workers 
				who have fled abusive employers.  ■ To refer victims to protection services, expand government-run 
				shelters, and to ensure non-restriction of the movement of the victims. 
				Also there is need to ensure that the staff working in shelters 
				are qualified and speak the languages of foreign workers.  ■ To ensure that the non-punishment of victims of trafficking 
				for unlawful acts committed as a direct result of being trafficked, 
				such as illegal immigration or prostitution.  ■ The need to add a representative from the Ministry of Labour 
				to the Joint Ministerial Committee to combat trafficking in persons.
				 ■ The need to consider the appointment of a national rapporteur 
				or a coordinator to combat trafficking in persons.  ■ To ensure that domestic workers receive the same protection 
				enjoyed by foreign workers under the law.  ■ To provide the necessary support for the adoption of the ILO 
				Convention to protect the rights of domestic workers.  Future steps Fortunately, the State Department›s report came at a time when 
				Bahrain has a national institution for human rights and is expected 
				to play a crucial role to combat trafficking in persons. This can 
				only be done through a realistic and practical plan compatible with 
				international standards. This is also indicated by the President 
				of the NIHR Salman Kamal al-Din that the Kingdom of Bahrain is serious 
				in its quest to combat trafficking in persons and has a plan to 
				fight it, but so far does not live up to inte?national standards.
				 If the efforts to combat this bad phenomenon continue, coupled 
				with the approach of strict application of laws that criminalize 
				trafficking in persons, we will see Bahrain progresses in the report 
				of the U.S. State Department to the first category in the next year. 
				This puts a burden on everyone, especially relevant governmental 
				institutions, the National Committee to Combat Trafficking in Persons, 
				the NIHR, and civil society organizations. |