The Shura Council in Bahrain is poised for another vote on a contentious draft law concerning the employment of expatriate workers in the public sector. The proposed legislation, originating from the Council of Representatives, seeks to impose stricter requirements – a master’s degree and a minimum of 10 years’ experience – for non-Bahraini nationals seeking government jobs. However, the Shura Council’s Legislative and Legal Affairs Committee is strongly recommending rejection, arguing existing laws already adequately address the concerns regarding prioritizing Bahraini citizens for public sector employment.
Shura Council Committee Recommends Rejection of Expatriate Employment Law
The core of the debate revolves around whether new legislation is necessary to limit the hiring of expatriate workers when the current Civil Service Law already prioritizes Bahraini nationals. The committee’s report, released ahead of Sunday’s vote, reiterates its previous rejection of the draft law, following its return from the Council of Representatives after MPs reaffirmed their approval. This marks a second attempt by the elected chamber to push through the more stringent regulations.
The MPs’ Proposal: A Closer Look
The draft law put forward by MPs aims to create clearer boundaries for employing non-Bahrainis in government positions. Beyond the educational and experience prerequisites, the proposal includes a maximum contract length of two years, renewable only once for a similar period. Crucially, it mandates that any expatriate contractor be required to train a Bahraini counterpart, with the ultimate goal of facilitating a skills transfer and ensuring citizens are first in line for public sector opportunities.
This initiative stems from a desire to bolster Bahrainization – the process of increasing the number of Bahraini nationals employed in both the public and private sectors – and to develop a more skilled local workforce. However, the Shura Council committee believes these objectives are already being effectively pursued through existing frameworks.
Existing Laws Already Address Concerns
The committee’s primary argument centers on Article 16 of the Bahraini Constitution, which explicitly grants Bahrainis priority in public office, permitting the employment of non-nationals only in specific circumstances defined by law. They contend that the current Civil Service Law and its associated regulations already embody this constitutional principle.
Civil Service Law: A Sufficient Framework
The Civil Service Law, according to the committee, requires Bahraini nationality for all appointments, with exceptions made only when a suitable Bahraini candidate cannot be found. The details of this exception are governed by implementing regulations and instructions issued by the Civil Service Bureau.
The committee argues that the proposed draft law essentially duplicates these existing safeguards. The conditions outlined in the draft – proving the absence of a qualified Bahraini candidate, setting educational and experience standards, and re-evaluating the need for an expatriate at contract renewal – are all already addressed within the current legal framework. Furthermore, the existing regulations offer greater flexibility to accommodate the diverse requirements of different jobs and their associated technical and professional needs.
Progress in Bahrainization Efforts
The committee also highlighted the ongoing efforts of the Civil Service Bureau in collaboration with government bodies to implement a national plan for job localization. These efforts have already yielded positive results, with a reported 23% decrease in contracts for expatriate workers between 2019 and 2024. This demonstrates, according to the committee, that the existing system is already proving effective in increasing the representation of Bahraini nationals in the public sector.
Additionally, the committee emphasized that the current system allows for a nuanced approach, considering the specific skills and expertise required for each position. A rigid requirement for a master’s degree and 10 years of experience, they argue, could hinder the government’s ability to attract specialized talent necessary for certain roles. Skills development and targeted training programs, rather than blanket restrictions, are seen as the more effective path forward.
The Path Forward: Rejection and Continued Implementation
The Shura Council’s Legislative and Legal Affairs Committee has firmly reiterated its recommendation to reject the draft law. Their reasoning is clear: the existing legal framework is sufficient to achieve the stated goals of prioritizing Bahraini citizens and fostering local skills development.
The upcoming vote on Sunday will be a crucial moment, potentially signaling a continued reliance on the existing Civil Service Law and the ongoing Bahrainization initiatives led by the Civil Service Bureau. The debate underscores the ongoing tension between the desire to protect national interests and the need to attract qualified professionals to support Bahrain’s economic growth. Ultimately, the decision will shape the future landscape of expatriate employment within the Bahraini public sector and influence the ongoing efforts towards a more localized workforce.
