Definitive Report - Report No 234, June 1984

Case No 1211 (Bahrain) - Complaint date: 27-MAY-83 - Closed

1. 39. The Committee already examined this complaint at its February 1984 meeting at which it presented interim conclusions to the Governing Body [see 233rd Report, paras. 580 to 592, approved by the Governing Body at its 225th Session, February-March 1984). The Government sent its further observations in a communication dated 30 April 1984.
2. 40. Bahrain has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 41. The issue pending after the previous examination of this case was the following: the complainant organisation, the Bahrain Workers' Union (BWU), alleged that three named trade unionists had been arrested, detained, interrogated or tortured and, in one case even forced to resign from office as Vice-President of the General Union of Bahrain Workers, because of their trade union activities. The Government replied that this aspect of the complaint was incorrect and misleading since the persons concerned were, as private citizens, and not as trade unionists, assisting the police in an investigation into other matters.
2. 42. In the absence of more specific information as to the reasons for the arrest and detention of the three trade unionists named by the complainant, the Committee could only recall that the arrest and detention of trade unionists constitute particularly serious measures which should be accompanied by all appropriate safeguards, in particular judicial ones. While persons engaged in trade union activities, or holding trade union office, cannot claim immunity in respect of ordinary criminal law, trade union activities should not in themselves be used by the public authorities as a pretext for the arbitrary arrest or detention of trade unionists. The detention or internment of trade unionists, especially trade union leaders, for reasons connected with their activities to defend the interests of workers constitutes a serious violation of civil liberties in general and trade union rights in particular. [See, in this respect, 214th Report of the Committee, Case No. 1097 (Poland), para. 747.) In these circumstances, the Committee requested the Government to supply more detailed information concerning their arrest and detention and the specific reasons therefore.

B. The Government's reply

1. 43. In its communication of 30 April 1984, the Government again refutes this allegation as totally without foundation in any respect and confirms that none of the three named trade unionists has been subject to arrest or detention at any time.

C. The Committee's conclusions

1. 44. In view of the Government's specific denial of the arrest or detention of the persons mentioned by the complainant organisation, and in view of the fact that the complainant has not supplied additional, more detailed, information in support of this allegation despite having had the opportunity to do so, the Committee does not find itself in possession of sufficient facts to reach any further conclusions on this matter.

The Committee's recommendations

• The recommendation of the Committee
  45. 45 In these circumstances, the Committee recommends the Governing Body to decide that this case does not call for further examination.