Interim Report - Report No 211, November 1981

Case No 1043 (Bahrain) - Complaint date: 01-JUN-81 - Closed

1. 572. The complaint of the World Federation of Trade Unions (WFTU) is contained in letters dated 1 June and 16 July 1981; that of the Bahrain Workers Union is contained in letters dated 2 June, 9 May (received by the ILO on 26 June 1981) and 12 July 1981. The Government sent its reply in a letter dated 12 July 1981.
2. 573. Bahrain has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), nor the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainants' allegations

1. 574. In its letter of 1 June 1981, the WFTU alleges that trade unionists Rada El-Djabal, Mohamed Reda El-Mararadji and Abdeljalil El-Arradi have each been sentenced to seven pears' imprisonment for carrying out trade union activities. According to the WFTU, they were sentenced in closed court of the maritime military base of El-Mahret without the judicial guarantees to allow them to defend themselves and the defence witnesses and counsel (including the ex-Minister of Labour, who is the practising chairman of the Lawyers' Association of Bahrain) were reprimanded by the court.
2. 575. In its further letter, the WFTU alleges that two more trade unionists - Ahmed Abdel Gaffar Mohamed and Mohamed Abdel Gaffar Mohamed - have been sentenced to three years' imprisonment for carrying out trade union activities, in closed court without any judicial guarantees. It states that other trade unionists are still in detention waiting to be sentenced including Youness Abdel Rida Kassir, Youssef Ali Zaied, Abdel Rasoul Ali Galoum, Ahmed El Saied Mohamed El-Roussaoui, Khaled Abdel Azir El Kassir, Abdel Mohamed Galoum, Moussa Jaafar Alaoui, Mohamed Houssein Rached, Ali Mouhsen Abdallah, Jalal Mohamed Halouaji, Sami Ali Maki Maukeich, Abdel Sunad Housein Pathi, Mohamed Iskander Mohamed, Ahmed Ali Houssein Zeinal, Mohamed Ali Galoum Wadi, Nasser Hassan El Hadad and Mirza Mohamed Ali El Fardan. In addition the WFTU alleges that other trade union leaders who were previously detained - Adellah Montejouch, Hassan Sarhan and Abdel Karim Salman - are living in difficult conditions in prison and that the Bahrain Government is continuing to take legal action against all trade union activists and workers engaged in any trade union activity.
3. 576. In its letter of 2 June 1981, the BWU explains that in February 1980, the Ministry of Labour and Social Affairs agreed to continue discussions with the BWU through a common Committee regarding freedom of association. The following month, a delegation of the International Confederation of Arab Trade Unions was invited by the Ministry to visit the country; it held discussions with the Ministry which led to undertakings by the latter to pass a law establishing the right to form trade unions, to create the appropriate conditions to enable all workers to participate in legal association activities, to allow free trade union elections, and to set free all detained unionists. However, the BWU claims that the Government did not fulfil its obligations, but imprisoned the official speaker of the Constitutional Committee of the BWU and many workers and unionists, inflicting torture on some of them, so that one, Jameel Ali, died. According to the BWU, the Government has sentenced Radhi Al-Jalal and Jaled Al-Aradi to seven years' imprisonment, along with the President of the Bahraini Constitutional Committee of the BWU, Abdullah Mutaiwei, who has been in prison since 1976. Public reaction to these measures allegedly forced the Minister to resign.
4. 577. The BWU further alleges that the Government has not observed article 142 of the 1976 labour law (Decree Law No. 23) for the private sector which reads:
   • Employers and workers of each establishment to be determined by a statutory order made by the Minister for Labour and Social Affairs shall form a joint Committee for co-operation in resolving disputes, securing improved social conditions for the workers, organising social services, determining wages, increasing productivity and in any other matter of mutual interest to the two parties thereto.
   • It also claims that Bahrain labour legislation makes no reference to the freedom to form trade unions.
5. 578. In its letter of 9 May 1981 (received by the ILO on 26 June 1981), the BWU repeats the specific allegations of the WFTU set out in paragraph 574 above, giving the date of the sentencing of the three trade unionists as 27 April 1981 and adding that the Government's abuses of trade unionists have been going on since the end of 1979 and have forced many families and elements in Bahrain to leave the country.
6. 579. To its letter of 12 July 1981 the BWU attaches several reports and documents relating to the trade union situation in Bahrain. Firstly, there is a BUD report on the Bahrain Labour Law for the Private Sector of 16 June 1976 alleging that: it does not give workers the right to form trade unions of their own choosing; that the workers were not consulted during the drafting of the Code; that it does not recognise the right to strike; that part-time and agricultural workers are excluded from its terms; that it does not fully treat arbitrary dismissal but only mentions indemnities and in fact allows dismissal without indemnity or notice for reasons including non-recognition of employers' directives concerning workers' safety; that it enforces the use of an intermediary to settle labour disputes; that it allows the Minister to decide on the methods of designating workers' representatives on joint Committees and that it includes various unsatisfactory provisions concerning maternity leave, hours of work, etc. Secondly, the BWU attaches the report on the situation of Bahrain workers and workers' organisations prepared by the delegation from the International Confederation of Arab Trade Unions. According to this report, which is also signed by the then Minister, an interim Workers' Committee had been set up to work towards the creation of a trade union organisation to represent Bahrain workers and the then Minister was trying to introduce labour legislation to govern trade union action; the Chairman of the Council of Ministers is also quoted as being in favour of taking measures to set up healthy workers' organisations, unaffected by political tendencies. Thirdly, the BWU attaches a copy of a letter dated December 1980 from the Chairman of the interim Workers' Committee to the Minister complaining that its work was hampered by lack of funds, lack of premises and meagre membership (the four employers which had joined the Committee only employing 5 per cent of the Bahrain workforce) and threatening resignation of the Committee unless these problems were overcome. Lastly, the BWU attaches a copy of newspaper reports dated 6 August 198q of alleged government torture of workers.

B. The Government's reply

1. 580. In its letter of 12 July 1981, the Government states that the allegation that certain persons have been sentenced to imprisonment for undertaking trade union activities is not substantiated by the facts; they were, in effect, charged and convicted in a court of law established under the Constitution of the State of Bahrain with contraventions of sections 159, 164 and 185 of the 1976 Criminal Law (Decree Law No. 15) which relate to membership of a proscribed illegal society, incitement to sedition against the Constitutional authority of the State and physical intimidation of citizens. The Government adds that throughout the hearing the accused were afforded the protection of the court and were represented by legal counsel who are members of the Law Society of Bahrain.
2. 581. Regarding the allegation concerning workers' representation, the Government refers to the 1976 Labour Law for the Private Sector, as amended by Amiri Decree No. 8 of 1981 and subsidiary legislation enacted thereunder in terms of Orders Nos. 9 and 10 of 1981 made by the Minister for Labour and Social Affairs it states that these enactments promote the further strengthening and progressive development of joint bargaining and tripartite machinery through a freely-elected joint Committee at the level of the undertaking and through representation of workers, and employers' organisations on the General Committee for Bahrain Workers and the Bahrain Chamber of Commerce and Industry, respectively.
3. 582. Lastly, the Government states that the BWU's claim to be a recognised association representative of workers' interests in Bahrain is unjustifiable as it is located outside the country (in Syria).

C. The Committee's conclusions

1. 583. This case concerns allegations of unfair sentencing of five trade unionists; detention without trial of 17 trade unionists and ill-treatment of other detained unionists which led to the death of Jameel Ali; non-conformity of the 1976 Labour Code with ILO Convention No. 67; failure of the newly established joint Committees to guarantee worker representation; and difficulties encountered by the interim Workers' Committee set up to work towards the creation of a trade union organisation to represent Bahrain workers.
2. 584. The Committee notes in the first place that the Government questions whether one of the complainants - the Bahrain workers Union - is competent to present a complaint as it is located outside the country. In previous cases examining receivability of complaints emanating from trade union organisations outside the country in question, the Committee hat pointed out that under the procedure governing the submission of complaints relating to violations of freedom of association, such complaints must come either from organisations of workers or employers or from governments, but that it was sometimes suggested that persons purporting to act on behalf of such an organisation were not entitled to do so because the organisation had been dissolved or because the individuals lodging the complaint had ceased to be resident in the country concerned. The Committee considered that it would be altogether inconsistent with the purpose for which the procedure for the examination of allegations concerning the infringement of trade union rights had been established for it to admit that the dissolution or purported dissolution of an organisation by governmental action extinguished the right of the organisation to invoke the procedure. In such cases there might be difficult questions concerning the exact authority and knowledge of the facts of the persons claiming to act on behalf of the organisation concerned and the reliability of the testimony of persons no longer resident in the country concerned. The Committee stated that it would be prepared to consider such questions on their merits, as necessary, but that it would not regard any complaint as being irreceivable simply because the government in question had, or claimed to have, dissolved the organisations on behalf of which the complaint was made, or because the person or persons making the complaint had taken refuge outside the country concerned. In taking this view it had been influenced by the conclusions unanimously approved by the Governing Body in 1937, in the Labour Party of the Island of Mauritius Case, when considering a representation under article 24 of the Constitution of the Organisation (then article 23), according to which it would exercise its discretion in deciding whether or not a body was to be regarded as an industrial association for the purposes of the Constitution of the Organisation and would not consider itself bound by any national definition of the term "industrial association". Accordingly, the Committee considers that the complaint of the Bahrain Workers Union is receivable.
3. 585. Regarding the allegation that five trade unionists have been sentenced to long periods of detention for their trade union activities without the normal guarantees of a fair trial, the Committee notes that the Government states that they were convicted in an ordinary court of law on criminal charges and enjoyed legal representation. As the Committee is faced with directly contradictory statements, neither party submitting evidence to substantiate its version of the facts, it would limit itself to recalling generally the importance of prompt and fair trial by an independent and impartial judiciary in all cases, including cases in which trade unionists are charged with political or criminal offences which the governments consider to have no relation to their trade union functions.,
4. 586. The Committee notes that the Government has not sent its observations on the WFTU's allegation that 17 named trade unionists are still detained without trial and that three trade union leaders are imprisoned in difficult conditions, nor on the BWU's allegation that torture of trade unionists has led to the death of one of them. It accordingly asks the Government to send these observations as soon as possible.
5. 587. The Committee also notes that the Government does not comment on the specific allegations made by the BWU relating to the 1976 Labour Law for the Private Sector, as amended, and would ask it to send its observations as soon as possible.
6. 588. As regards the issue of workers' representation through joint Committees, the Committee notes that, according to the Government, the recent legislative amendments regarding the creation of worker-employer Committees in each establishment and the creation of a General Committee for Bahrain Workers promote the further strengthening and progressive development of joint bargaining. After examining the Orders made under articles 142 and 143 authorising the establishment of these Committees, the Committee notes that in certain circumstances there is a risk that workers' representatives to the joint Committees may not be elected freely, since article 3 of Order No. 9 states that "in the event of a tie in the number of votes received by nominees for election, the election Committee shall have casting votes to determine the elected nominee", and since the election Committee itself is appointed by the employer to organise the election. Moreover article 4(4) of Order No. 9 prohibits a worker or employers' representative from standing for election if he has been convicted of "any crime" within the previous five years. In this connection, the Committee would recall that article 2(b) of Recommendation No. 143 concerning protection and facilities to be afforded to workers' representatives in the undertaking defines elected representatives as those "who are freely elected by the workers of the undertaking in accordance with provisions of national laws or regulations or collective agreements ." It would also recall that on many occasions in the past it has stated that conviction on account of offences the nature of which is not such as to be prejudicial to the proper exercise of trade union functions should not constitute grounds for disqualification from trade union office and that any legislation providing for disqualification for any type of criminal offence might be regarded as inconsistent with the principles of freedom of association, in addition, the Committee notes that article 2 of Order No. 10 provides that the rules for the conduct of affairs of the General Committee for Bahrain Workers shall be approved by the Minister for Labour and Social Affairs, which would appear to conflict with the principle of freedom of association according to which workers' organisations shall have the right to draw up their Constitutions and rules without any interference from the public authorities. Article 8 of Order No. 10 relating to subsequent amendment of the rules is subject to the same limitation. Lastly, article 10 of this Order prohibits the General Committee from investing its funds or accepting donations without the prior approval of the Minister and from being involved in political activities. The Committee considers that these limitations are contrary to the principle that workers' organisations shall have the right to organise their administration and activities and to formulate their programmes without any interference from the public authorities. It would accordingly request the Government to re-examine Orders Nos. 9 and 10 of 1981 in the light of the principles set out above with a view to bringing them into conformity with the principles of freedom of association.
7. 589. Finally, the Committee notes that the Government has not sent its observations on the alleged difficulties encountered by the interim Workers' Committee, set up to work towards the creation of a trade union organisation to represent Bahrain workers. It accordingly requests the Government to send these observations as soon as possible.

The Committee's recommendations

• The recommendations of the Committee
  590. 590 In these circumstances, the Committee recommends the Governing Body to approve the present interim report, and in particular the following conclusions:
• The Committee notes that it is faced with directly contradictory statements as regards the alleged unfair trial of five trade unionists and would therefore limit itself to recalling generally the importance of prompt and fair trial by an independent and impartial judiciary in all cases, including cases where trade unionists are charged with criminal offences which the government considers to have no relation to their trade union functions.
• As regards the alleged failure of the newly established joint Committees to guarantee workers' representation, the Committee notes that several articles of Orders Nos. 9 and 10 of 1981 conflict with the generally accepted principles of freedom of association concerning free election of trade union leaders and free functioning of workers' organisations. It accordingly would request the Government to re-examine its legislation in this regard with a view to bringing it into conformity with the principles of freedom of association.
• As the Government has not yet sent its observations on the alleged detention without trial of 17 named trade unionists and ill-treatment and torture of other detained unionists leading to the death of Jameel Ali, nor on the alleged non-conformity of the 1976 Labour Law for the Private Sector with ILO Convention No. 87, nor on the alleged difficulties encountered by the interim Workers' Committee, the Committee would ask it to do so as soon as possible.