Effect given to the recommendations of the committee and the Governing Body - Report No 350, June 2008

Case No 2433 (Bahrain) - Complaint date: 13-JUN-05 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 25. The Committee last examined this case, which concerns legislation prohibiting government employees from establishing trade unions of their own choosing, at its November 2007 meeting. The Committee noted with regret that the establishment of public sector organizations was being considered anew by the legislative authorities – despite the Government’s previous indication that a draft amendment to article 10 of the Trade Union Act allowing public sector workers to establish trade unions of their own choosing had been submitted to Parliament in 2006. Stressing once again that all public service employees (with the exception of the armed forces and police) should be able to establish organizations of their own choosing to further and defend their interests, the Committee once again strongly urged the Government to take the necessary measures, without delay, to amend article 10 of the Trade Union Act in accordance with this principle, and recalled that the technical assistance of the Office was available in this regard. It also requested the Government to compensate Ms Najjeyah Abdel Ghaffar, the Deputy head of the postal workers’ union, for the period of suspension without pay imposed upon her for statements she had made to the press concerning the hardships faced by postal workers, and to ensure that no further disciplinary action was taken against members of public sector trade unions for activities undertaken on behalf of their organizations pending the amendment to article 10 of the Trade Union Act [see 348th Report, paras 43–49].
2. 26. In its communication of 17 February 2008, the General Federation of Bahrain Trade Unions (GFBTU) states that, in spite of the Committee’s previous recommendations, the Civil Service Bureau has not compensated Ms Ghaffar and has, in fact, again suspended her, for the period of 9–19 February 2008. Ms Ghaffar was also informed that she would be subject to administrative investigations upon her return to work following the suspension period. The GFBTU attaches a 3 February 2008 disciplinary order issued by the Civil Service Bureau; the order indicates that Ms Ghaffar has been suspended without pay for ten days, from 9 to 19 February 2008, for statements that appeared in the newspaper “Al-Wasat” on 24 July 2007.
3. 27. In a 17 March 2008 communication, the GFBTU indicates that Ms Ghaffar has again been suspended without pay and attaches a copy of a 21 February 2008 disciplinary order issued by the Civil Service Bureau. The said order indicates that Ms Ghaffar has been suspended without pay from 23 February to 4 March 2008 for statements that appeared in the newspaper “Al-Watan” on 1 October 2007 as well as for her confession, obtained in the course of an administrative investigation, that she continued to defend the postal workers’ union – an “illegal and unlawful entity”.
4. 28. In a communication of 6 February 2008, the Government states, with regard to the issue of public sector employees’ organizations, that the Kingdom of Bahrain has not yet ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and that furthermore the parliament was still considering legislative amendments to allow public sector workers to establish their own trade unions.
5. 29. As concerns the Government’s statement that it has not ratified Convention No. 87, the Committee recalls that when a State decides to become a Member of the International Labour Organization, it accepts the fundamental principles embodied in the Constitution and the Declaration of Philadelphia, including the principles of freedom of association [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 15]. Noting that parliament was still considering amendments to the legislation, the Committee stresses once again that all public service employees (with the exception of the armed forces and police) should be able to establish organizations of their own choosing to further and defend their interests. It once again strongly urges the Government to take the necessary measures, without delay, to amend article 10 of the Trade Union Act in accordance with this principle and recalls that the technical assistance of the Office is available in this regard.
6. 30. The Committee notes with regret that, in spite of its previous recommendations concerning Ms Ghaffar, according to the complainant she has not been compensated for her period of suspension without pay and has, in fact, been suspended without pay on two additional periods – from 9 to 19 February and 23 to 4 March 2008 – for having made statements to the press. The Committee further notes from the disciplinary order attached to the complainant’s communication that Ms Ghaffar had been subject to administrative investigations, over the course of which she had confessed to defending her union, which was characterized as an “illegal and unlawful entity”. In these circumstances, the Committee must once again recall that one of the fundamental principles of freedom of association is that workers should enjoy adequate protection against all acts of anti-union discrimination in respect of their employment such as dismissal, demotion, transfer or other prejudicial measures. This protection is particularly desirable in the case of trade union officials because, in order to be able to perform their trade union duties in full independence, they should have a guarantee that they will not be prejudiced on account of the mandate which they hold from their trade unions. The Committee has considered that the guarantee of such protection in the case of trade union officials is also necessary in order to ensure that effect is given to the fundamental principle that workers’ organizations shall have the right to elect their representatives in full freedom [see Digest, op. cit., para. 799]. The Committee requests the Government to take the appropriate steps to compensate Ms Najjeyah Abdel Ghaffar for the periods of suspension without pay imposed upon her, and to ensure that no further disciplinary action is taken against her or other members of public sector trade unions for activities undertaken on behalf of their organizations, pending the amendment to article 10 of the Trade Union Act.