Legal Instruments

Statistics and Figures

Bibliography

Bahrain

This section provides a list of international conventions and regional/bilateral agreements to which each country is a signatory, as well as national legislation that deals with movement, migration, asylum and human rights. Each listing includes a PDF/ link to a publically accessible document of the convention/law mentioned.

International Conventions:

General International Law

Vienna Convention on Consular Relations, 24 April 1963 (entered into force 19 March 1967) 596 U.N.T.S 261. Ratified 1992

PDF

International Criminal Law

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 10 December 1984 (entered into force 26 June 1987) 1465 U.N.T.S. 85 [CAT]. Ratified 1998
PDF

Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime, 15 November 2000 (entered into force 15 November 2000) 2241 U.N.T.S. 507 [Palermo Protocol].
Ratified 2004

PDF

Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, 15 November 2000 (entered into force 15 December 2000) 2237 U.N.T.S 319 [Palermo Protocol]

Ratified 2004

PDF

Slavery Convention, 25 September 1926 (entered into force 7 July 1955), 60 L.N.T.S. 253. Ratified 1990 PDF

International Human Rights Law

Convention on the Elimination of All Forms of Discrimination against Women, 18 December 1979, 1249 U.N.T.S 513 [CEDAW].

Ratified 2002
PDF

Convention on the Elimination of All Forms of Racial Discrimination, 7 March 1966, 660 U.N.T.S 195 [CERD]. Ratified 1990
PDF

Convention on the Rights of the Child, 20 November 1989, 1577 U.N.T.S. 3 [CRC].

Ratified 1992
PDF

International Covenant on Economic, Social and Cultural Rights, 16 December 1966 (entered into force 3 Jan 1976) 993 U.N.T.S. 3 [ICESCR]. Ratified 2007
PDF

International Covenant on Civil and Political Rights, 16 December 1966, 999 U.N.T.S. 171 [ICCPR].
Ratified 2006

PDF

Universal Declaration of Human Rights, UN General Assembly Resolution A/RES/217 A (III), 10 December 1948, Art 14. [UDHR].

PDF

International Humanitarian Law/Law of War

Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, 12 August 1949 (entered into force 21 October 1950) 75 U.N.T.S. 31 [First Geneva Convention].

Ratified 1971

Link to Conv.

Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, 12 August 1949 (entered into force 21 October 1950) 75 U.N.T.S. 85 [Second Geneva Convention].
Ratified 1971

Link to Conv.

Geneva Convention relative to the Treatment of Prisoners of War, 12 August 1949 (entered into force 21 October 1950) 75 U.N.T.S. 135 [Third Geneva Convention]. Ratified 1971

Link to Conv.

Geneva Convention relative to the Protection of Civilian Persons in Time of War, 12 August 1949 (entered into force 21 October 1950) 75 U.N.T.S. 287 [Fourth Geneva Convention].
Ratified 1971

Link to Conv.

Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts, 8 June 1977 (entered into force Dec. 7, 1978.) 1125 U.N.T.S. 3 [Protocol I].
Ratified 1989

Link to Conv.

Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts, 8 June 1977 (entered into force 7 December 1978) 1125 U.N.T.S. 609 [Protocol II].
Ratified 1989

Link to Conv.

International Labor Law

ILO Convention C 111 Discrimination (Employment and Occupation) Convention (1958). Ratified 2000

Link to Conv.

ILO Convention C 29 Forced or Compulsory Labour Convention (1932).

Ratified 1981
PDF

ILO Multilateral Framework on Labour Migration (2005).

Link to Framework

International Trade Law

General Agreement on Trade in Services, 15 April 1994 (entered into force 01 January 1995), L336, p. 191 [GATS]. PDF

Protocol to the General Agreement on Trade in Services (GATS) (Movement of Natural Persons), 16 October, 1995 (entered into force 26 July 1996), L167, P. 43 [Protocol III]

PDF

Regional and Bilateral Agreements:

Regional Agreements

Charter of the Gulf Cooperation (1981)
Signed 1981
Link to Charter

EU and Gulf Countries Cooperation Agreement addresses cooperation in trade in services, Article 1 and 2 (1988).
Signed 1988
PDF

Agreement among the Gulf Cooperation Countries on jurisdictions (1997).
Signed 1997
PDF_Arabic

Economic Agreement between Gulf Cooperation Countries addresses issues on labor migration and rights of mobility within the gulf countries (2004).
Signed 2004
PDF_Arabic

Irregular Migration & Readmission Agreements

Memorandum of Understanding between India and the Kingdom of Bahrain on cooperation for prevention of human trafficking especially trafficking in Women and Children (2016).
PDF

Labor Agreements

Agreement Between the Untied States and the Government of the Kingdom of Bahrain on employment (2007).
PDF

Memorandum of Understanding between the Government of the Kingdom of Bahrain and the Government of Nepal in the area of labor and occupational training (2008).
PDF

Memorandum of Understanding between the Government of India and the Government of the Kingdom of Bahrain on labor and manpower development (2009).
PDF

Social Security Agreements

None currently listed

Other Relevant Agreements

Memorandum of Understanding between the Government of the kingdom of Bahrain and the Government of the Republic of the Philippines on health service cooperation (2007).
PDF

Agreement between the Kingdom of Bahrain and the Republic of India on the transfer of convicted persons (2017).
PDF_Ar

National Legislation:

Bahrain Nationals

Asylum Laws

Article 21 of the Constitution prohibits the extradition of political refugees
Official Eg translation of the constitution; Link to Constitution_Ar

Entry and Exit

Decision No. 24 of 1976 regarding the use of penalty money collected from workers
PDF_Ar

Ministerial Decision No. 25 of 1976 as amended by Ministerial Decision No. 39 of 1986regarding entry visa to Bahrain
PDF Decision no. 25 of 1976; PDF Decision no. 39 of 1986

Ministerial Decision No. 80 of 1989 setting the fees of services offered by the general administration of immigration and passports
PDF_Ar

Ministerial Decision No. 47 of 1986 implementing the provisions of Decision No. 25 of 1976 regarding the entry visa to Bahrain as amended by Decision No. 39 of 1986 for foreigners entering Bahrain through the Bahrain bridge, between Saudi Arabia and Bahrain
PDF_Ar

Aliens immigration and residence Act of 1965
PDF_Ar;PDF_Eg

Law No. 24 of 1986 amending provisions of the Aliens Act of 1965
(available in the Official Journal No. 1722 of November 1986)

Ministerial Decision No. 80 of 1989 setting the fees of services offered by the general administration of immigration and passport
PDF_Ar

Ministry of interior Resolution No. 193 of 1999 on granting residence permits to foreign nationals who are sponsored by Bahrainian nationals
ILO PDF_Eg

Decision No 87 of 2006 on the multi entry residence permit
PDF_Ar

Decision No. 74 of 2007 on giving foreign nationals residence permit through the personal sponsorship system
PDF_Ar

Migration and Labor

Article 8 (1 B) of the Aliens Immigration and Residence Act of 1965 requires foreigners to pay a deposit that may be used for their deportation. However, labor migrants may have their employer pay the deposit or submit an undertaking to the Director of Immigration for deportation costs
PDF_Ar; PDF_Eg

Article 15 of the Aliens Immigration and Residence Act of 1965 requires that foreigners who are 16+ not reside in Bahrain without a residence permit
PDF_Ar; PDF_Eg

Decision No. 2 of 1970 on foreign permits and sponsorship
GLMM PDF_Ar

law No. 11 of 1971 regarding the inheritance and settlement of estates of non-Muslim aliens
PDF_Ar

decision No. 17 of 1976 concerning the terms and conditions on the contracts between employers and foreign labor recruitment agencies
PDF_Ar

Decision No. 19 of 1976 determining the cases and work activities in which work without a rest period is permitted
PDF_Ar

Article 2 of Decree No. 24 of 1976 guarantees participation in social insurance schemes to all employees without discrimination based on gender, nationality or age
PDF_Ar

Decree No. 27 of 1976 amending Articles 38 and 139 of the social insurance law
PDF_Ar

Decision of the Minister of Labor and Social Affairs No. 10 of 1981 regarding raising the percentage of the grant given to foreigners permanently leaving the country
PDF_Ar

Decree No. 12 of 1977 suspending certain provisions of the social insurance law
PDF_Ar

Decision No. 12 of 1977 providing protection for workers in construction, civil engineering and ship building work
PDF_Ar

Law No. 3 of 1983 regarding the treatment of GCC citizens in the economy of Bahrain
PDF_Ar

Decision No. 2 of 1994 concerning the formation of a medical committee to determine the physical fitness of foreign workers
PDF_Ar

Decision No. 14 of 1994 lists situations resulting in the suspension of work permit renewal for non-Bahraini workers, as well as cancellation and situations of exemption
PDF_Ar

Decision No. 21 of 1994 discusses the agreement between employers and recruitment offices that recruit non-Bahraini workers
PDF_Ar

Decision No. 8 of 1994 on the conditions for granting work permits for non-Bahrainis
PDF_Ar

Decision No 9 of 1994 on the validity of work permits for non-Bahrainis, its renewal and fees
PDF_Ar

Decision No. 10 of 1995 amending Decision No. 9 of 1994 on the validity of work permits for non-Bahrainis, its renewal and fees
PDF_Ar

Decision No. 19 of 2004 amending Decision No. 9 of 1994 on the validity of work permits for non-Bahrainis, its renewal and fees
PDF_Ar

Decision No. 40 of 2002 amending some provisions of Decision No. 21 of 2001 concerning the regulations of local transfer of employment
PDF_Ar

Royal Act No. 19 of 2006 brought forth the Labor Market Regulatory Authority (LMRA) which regulates the labor market, issues visas, regulate and control manpower licenses, recruiting agencies, employment offices, and business practices of self-sponsored expatriates.
PDF_Ar

Order No. 4 of 2006 concerning the obliging employers of the private sector to transfer salaries of their workers to banks
PDF_Ar

Decision No. 71 of 2007 regarding work permits for foreigners working for government entities
PDF_Ar

Order No. 72 of 2007 concerning working according to the guide of procedures of law regulating the labor market and situations are are in breach of the law
PDF_Ar

Decision No. 73 of 2007 regarding the conditions to accept electronic applications by the Labor Market Regulatory Authority (LMRA)
PDF_Ar

Order No. 74 of 2007 concerning inspection on those whose laws of labor market apply to
PDF_Ar

Decision No. 121 of 2007 regarding the Entry Visa and Residence Permit of Dependents of Foreign Workers and Business Owners
PDF_Ar

Decision No. 122 of 2007 concerning the rules and procedures on moving the body of foreign workers
PDF_Ar

Decision No. 79 of 2009 regarding the procedures for transfer of foreign workers to a different employer
PDF_Ar

Decision No. 26 of 2008 on the fees imposed on employers who issues work and residence permits, their renewal for the families and dependents of foreign workers
PDF_Ar

Decision No. 28 of 2008 regarding the reimbursing work permit fees and lower fees when changing profession
PDF_Ar

Decision No. 75 of 2008 on the rules and procedures for conciliation in cases of violating the law regulating the labor market
PDF_Ar

Decision No. 76 of 2008 regulating work permits for foreign workers
PDF_Ar

Decision No. 77 of 2008 on the commitments of employers whose workers violate the terms of the work permit
PDF_Ar

Order No. 79 of 2009 respecting the procedures of foreign workers transfer to another employer
Link to law_Eg

Decision No. 15 of 2011 amending Paragraph A of Article 25 of Law No. 19 of 2006 regulating the labor market
PDF_Ar

Law No. 36 of 2012 issuing the labor law for the private sector
PDF_Ar

Order No. 1 of 2013 regulating the records of employers
PDF_Ar

Order No. 4 of 2013 amending some provisions of order No. 76 of 2008 concerning the regulation of work visas for foreign employees except for domestic servants
PDF_Ar

Decision No. 18 of 2013 regarding the standard regulations for regulating work
Link to Decision

Decision No. 22 of 2013 regarding work contracts substances
PDF_Ar

Decision No. 25 of 2013 specifying naturally intermittent jobs in which a worker may be required to spend more than eleven hours each day at the workplace
PDF_Ar

Decision No. 67 of 2013 amending Article 1 of Decision No. 26 of 2008 on the fees regarding work and residence permits, and their renewal for the family and dependents of foreign workers
PDF_Ar

Decision No. 1 of 2014 regarding the regulation of recruitment offices' licenses
PDF_Ar

Decision No. 2 of 2014 on regulating permits for professional work of expat business owners
PDF_Ar

Decision No. 3 of 2014 regarding the regulation of licenses granted to manpower supply agencies
PDF_Ar

Decision No. 4 of 2014 regulating the permits of domestic workers
Link to Decision

Decision No. 5 of 2014 on granting expat workers temporary license to work in the health sector
Link to Decision

Order No. 29 of 2014 concerning specifying and regulating basic health care for workers of corporations
PDF_Ar

Law No. 40 of 2014 amending some provisions of law no. 19 of 2006 regulating the labor market
PDF_Ar

Decision No. 17 of 2017 regarding professional activities which a foreign employer may not undertake without a permit from the labor market regulatoryauthority
PDF_Ar

Nationality Laws

Articles 8 & 9 of the 1963 Bahraini Citizenship Act postulate that citizens of Bahrain may lose their nationality if they acquire a foreign nationality, voluntarily or otherwise; and provide a set of criteria for acquiring a Bahraini citizenship
Official Eg translation of the law; Link to Constitution_Ar

Article 17 (1) of the 2002 Constitution indicates that Bahrainis cannot be stripped of their nationalities, except in cases of treason and such other cases as prescribed by law
Official Eg translation of the constitution; Link to Constitution_Ar

Article 18 of the 2002 Constitution guarantees equality and non-discrimination for all without distinction as to sex, origin, language or religion
Official Eg translation of the constitution; Link to Constitution_Ar

Article 19 (b) of the 2002 Constitution guarantees and protects the right of persons to move freely without any restrictions within the country, unless under the provisions of the law and under judicial supervision
Official Eg translation of the constitution; Link to Constitution_Ar

Decision No. 15 of 1976 issuing the implementing regulation of law. No. 11 of 1975 regarding passports
PDF_Ar

The Bahraini Citizenship Act of 1963
PDF_Ar; PDF_Eg

Law No. 10 of 1981 amending the citizenship act of 1963
PDF_Eg; PDF_Ar

Law No. 11 of 1975 regarding passports
PDF_Ar

Law No. 9 of 2000 amending Law No. 11 of 1975 regarding passports
PDF_Ar

Decision No. 1 of 2007 on the implementation of law No. 46 of 2006 regarding identity card
PDF_Ar

Rights and Entitlements of Foreign Nationals

Smuggling and Human Trafficking

Article 2, Law No. N 1 of 2008 issuing the Anti-trafficking law that penalizes trafficking offenders of imprisonment and a fine, including the costs of the trail, deportation (if a foreigner)
Link to Law_Ar

Law No. 15 of 1976 issuing the Penal Code
PDF_Ar

Law No. 21 of 1980 Amending Article 29 of the Aliens (Residence and Immigration) Act of 1965 places an imprisonment punishment for no less than six months for individuals entering irregularly, and all those who aid or encourage them
PDF_Ar

Law No. 36 of 2012 issuing the labor law for the private sector

Article 65 of Law No. 24 of 1976 requires employers to display an announcement about the entity responsible for treating his employees in case of injuries at work

Law No. 36 of 2012 issuing the labor law for the private sector

Article 65 of Law No. 24 of 1976 requires employers to display an announcement about the entity responsible for treating his employees in case of injuries at work

Statistics and Figures:

This section provides links to regularly updated sites that provide statistics on migrants and refugees in different countries around the world.

Below are links to various databases that provide statistics and figures relevant to the movement of people in and out of Bahrain:

The World Bank
WB-Bahrain

Gulf Labor Market, Migration and Population Program through the Gulf Research Center
GLMM-GRS

UNFPA Migration Indicator
UNFPA-Migration

UNHCR Statistics Database
UNHCR-Stats

Bibliography

This section includes a comprehensive list of sources and links to journal articles, books, webpages, etc. for each country in the database that address migration and refugee topics within the context of education, health, legal, psychosocial, political, among others. Each listed source includes a brief description of the material and a link.

Migrants:

Link to Researchers

Bel-Air De Francoise. "Demography, Migration, and the Labour Market in Bahrain." European University Institute and Gulf Research Center (2015): 1-17. PDF

Keyword: demography, migration, labor migrants, labor market, labour market, labour migrants, Bahrain, national and foreign labor, naturalization

This report provides an extensive account of the population of foreign workers in Bahrain, their occupations and their numbers in the labor force. Further, the report demonstrates that due to the demographic configuration of the labor migrants in Bahrain, labor reforms are difficult to reconcile, and especially the Bahranisation of the workforce.

Dito, Mohammed. "Migration Policies and Challenges in the Kingdom of Bahrain." The American University in Cairo (2007). PDF

keyword: migration, policies, challenges, Bahrain

This article provides a historical account of migration to Bahrain, early migration to Bahrain following the discovery of oil and identifies challenges and recommendations on migration policies in Bahrain.

Gardner, Andrew. "Strategic Transnationalism: The Indian Diasporic elite in Contemporary Bahrain." Civil & Society 20.1 (2008): 54-78. (Summary adapted from resource) Link to Article

Keyword: transnationalism, Indian Diasporic, elite, Bahrain

This article explores the lives of the middle and upper classes of the substantial Indian diaspora in Bahrain, providing an ethnographic description of the diasporic elite minority. The ethnographic description is a product of a year long "experience narrative " of 66 interviews. The author finds that while many aspects of their day to day experiences differ from those of their impoverished diasporic countrymen and women, the diasporic elite minority also face a verity of noteworthy vulnerabilities and dilemmas unique to their class position. Finally, the author argues that the diasporic elite deploy a strategic transnationalism against the systemic vulnerabilities that are inherent in the sponsorship system in Bahrain.

Louer, Laurence. "The Political Impact of Labor Migration in Bahrain." Civil & Society 20.1 (2008): 32-53. Link to Article

Keyword: labor migrants, Bahrain, politics, governance, Shia, political movements

This paper is based on a two-month research in the context of a larger project in the GCC countries on Shia mobilization. The data includes interviews with activists, businessmen, government officials, as well as observations of political movements. The research shows that the main consequence of migration to Bahrain has been deepening the state/society conflict, which despite its historical roots, has been fostered by the collapse of the 'caste system' that used to regulate relationships between foreigners and nationals in the labor market.

Strobl, Staci. "Policing Housemaids: The Criminalization of Domestic Workers in Bahrain." Brit. J. Criminol 49 (2009): 165-183. Link to Article

Keyword: criminalization, domestic workers, Bahrain

Based on a year long ethnographic observation in 2005 of Bahrain's policewomen in the gender-segregated Women's Police Directorate, the women's prison, juvenile detention centers, social care unit and child protection units, this article addresses issues concerning the legal status of female expatriate guest workers in Bahrain. The author observes that the large presence of female domestic workers in Bahrain's local police stations for reasons related to labor disputes represents a criminalization of domestic worker-related labor disputes. Furthermore, the authors explores how Bahrain's policewomen may have been able to enter and maintain themselves as necessary to the criminal justice system because of the criminzalition of domestic workers. Their willingness to enforce laws that are arguably detrimental to expatriate women in their society has contributed to their growth in numbers within policing.

"Bahrain Immigration Detention." Global Detention Project. 2016. PDF

Keyword: detention, immigration, Bahrain, deportation

This report discusses political and legal issues that migrant workers face which renders them vulnerable to detention and deportation from Bahrain. The report provides the legal grounds for detaining and deporting migrants, a descriptions of the detention centers and the different groups of foreign nationals who face the threat of detention and deportation.

Refugees:

UN High Commissioner for Refugees (UNHCR), Submission by the United Nations High Commissioner for Refugees for the Office of the High Commissioner for Human Rights' Compilation Report - Universal Periodic Review: The Kingdom of Bahrain (2011). PDF

Keyword: UNHCR, Bahrain, refugees, protection

This report provides a brief background on issues in guaranteeing refugee protection in the Kingdom of Bahrain, as well as the country's achievements, challenges and constrains in protecting refugees.

Statelessness:

Fisher, Betsy. “Gender Discrimination and Statelessness in the Gulf Cooperation Council States.”, 23 Mich. J. Gender & L. 269, 312 (2016)  

Fisher, Betsy. “Gender Discrimination and Statelessness in the Gulf Cooperation Council States.”, 23 Mich. J. Gender & L. 269, 312 (2016) Link to Journal

Keyword: gender, nationality, children, mother, law, Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates.

"Using the Gulf Cooperation Council countries as a case study, this Article outlines the ways in which gender and birth status discrimination create new cases of statelessness. These occur when women are legally unable to convey their nationality to their children. This Article studiesgenderand birth status discrimination nationality laws and in civil registration, family, and criminal law in each GCCstate: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates. Ending statelessness will require these states to end discriminationagainst women and non-marital children in all of its forms in law and practice."

UN High Commissioner for Refugees. "Global Action Plan to End Statelessness." UN High Commissioner for Refugees (2014). Link to Article

Keyword: born, gender, protection, documentation

“To End Statelessness within 10 years, the Global Action Plan to End Statelessness: 2014-2024 establishes a guiding framework of 10 Actions to be undertaken by States with the support of UNHCR and other stakeholders to: resolve existing major situations of statelessness, prevent new cases of statelessness from emerging and better identity and protect stateless populations.”