Interim Report - Report No 364, June 2012

Case No 2882 (Bahrain) - Complaint date: 16-JUN-11 - Follow-up

Allegations: The complainant alleges serious violations of freedom of association, including massive dismissals of members and leaders of the General Federation of Bahraini Trade Unions (GFBTU) following their participation in a general strike, threats to the personal safety of trade union leaders, arrests, harassment, prosecution and intimidation, as well as interference in the GFBTU internal affairs

1. 232. The complaint is contained in a communication from the International Trade Union Confederation (ITUC) dated 16 June 2011. The ITUC sent supplemental information in communications dated 10 November 2011 and 3 February 2012.
2. 233. The Government sent its partial observations in a communication dated 29 February 2012.
3. 234. 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. The complainant’s allegations

1. 235. In its communication dated 16 June 2011, the ITUC submitted a complaint, on behalf of its affiliates, including the General Federation of Bahraini Trade Unions (GFBTU), against the Government of Bahrain for serious violations of the ILO principles of freedom of association.
2. 236. The ITUC refers to earlier complaints submitted by the GFBTU of serious violations of freedom of association and, in particular, the denial of the right to organize of public sector workers and restrictions to the right to strike and denounces the absence of any measures to implement the relevant recommendations of the Committee on Freedom of Association.
3. 237. The ITUC then refers to the GFBTU’s convening of two general strikes on a series of economic and social demands as well as in support of democratization and reform on 20 February and 13 March 2011. The first strike was called off after one day. The second strike was called off after nine days following the intervention of Saudi and United Arab Emirates (UAE) troops, and after assurances by the Government that it would open a dialogue and a commitment that no reprisals would ensue.
4. 238. Soon after the end of the strikes, many state-owned and private sector companies as well as ministries fired a large number of union members and leaders (to date the GFBTU have registered 1,876 workers) who had participated in the general strikes or supported those actions. In many cases, the letter of dismissal explicitly stated this participation as the main reason justifying the measure.
5. 239. There have been continuous threats to the personal safety of trade union leaders including arrests, harassment, prosecution and intimidation. Furthermore, there is an ongoing campaign in the media (on Bahraini TV channels in particular) against the GFBTU and its leadership.
6. 240. The ITUC adds that, on 12 June 2011, the Joint Committee of Major Companies issued a communication urging the leaders of the GFBTU to resign from their position without delay or face criminal as well as civil legal charges for their role in what they refer to as an illegal strike. All attempts by the trade unions to reinstate social dialogue had been rejected by the Government. In these circumstances, the ITUC requested that the Governing Body consider referring this case to the Fact-Finding and Conciliation Commission on Freedom of Association.
7. 241. In its communication dated 10 November 2011, the ITUC provides further information on behalf of Education International (EI) and the GFBTU. The complainant recalls the events of February 17 when the security forces moved in the Pearl roundabout and, using tear gas and batons, dispersed the protestors. Tanks occupied the area. Several people were reported killed and hundreds sustained injuries. Public security forces continued the attacks into the following day, using live rounds against protestors and mourners, leaving more dead and wounded.
8. 242. On 19 February, the GFBTU welcomed the proposed national dialogue initiative of the Crown Prince, while stressing that a precondition was the cessation of the use of force against peaceful protesters. To ensure the protection and safety of citizens, the GFBTU called for a general strike starting on 20 February, which it suspended that same day after the army withdrew from the streets and guarantees were made to provide for respect of freedom of assembly.
9. 243. In the following weeks, the demonstrations continued. Trade union leaders and union members participated in them, demanding economic, social and political reforms. Throughout this period, the GFBTU issued public statements emphasizing national and labour unity, affirming the GFBTU’s support for the national dialogue initiative (which had failed to materialize), and stressing the necessity for the Government to fulfil its commitments, including respect of basic freedoms and investigations into the violent aggressions perpetrated against peaceful protesters.
10. 244. Events took a dramatic turn when, on 13 March, state security forces fired tear gas and rubber bullets at protesters in an attempt to clear the sit-ins, with reports of unidentified armed civilians also attacking protesters. Hundreds of protesters were wounded and hospitalized. In response to the use of excessive force against protesters and the endangerment of civil peace, the GFBTU called for a general strike with the purpose of finding a solution to the crisis without delay and without further bloodshed.
11. 245. Instead, on the following day, 14 March, Gulf Cooperation Council Peninsula Shield Forces, consisting mainly of Saudi and UAE troops, arrived in an armoured convoy at the request of the Government of Bahrain. On 15 March, the King declared a three-month state of emergency under article 36(b) of the Constitution, which prohibited most forms of public assembly and speech related to such assembly, as well as the operation of non governmental organizations, political societies and unions. Reports also emerged of security forces occupying medical facilities, denying access to care to the wounded, harassing doctors and nurses and redirecting the wounded to military facilities – where they were certain to be detained and interrogated.
12. 246. Stressing that the security situation and aggressions against commuting workers did not allow for the resumption of work until a return to normalcy, the GFBTU maintained the general strike. After meeting with the Minister of Labour and the President of the Shura Council, who communicated assurances from the Deputy Prime Minister that aggressions against workers would cease and no reprisals would occur, that the checkpoints would ease and security would be provided for national and resident workers, the GFBTU called off the strike on 23 March. It urged workers to coordinate with their trade unions and the management of their enterprises to record any violations to their safety and present them to the GFBTU. It also stressed the need for workers to exert every effort to preserve social and national cohesion and called on management in the public and private sectors to be understanding of the exceptional circumstances and safeguard the rights of all workers. The GFBTU also reiterated the necessity of preparing enabling conditions for genuine dialogue leading to a solution to the crisis.
13. 247. On 24 March, the GFBTU and the Bahrain Chamber of Commerce and Industry (BCCI) issued a joint statement (attached to the complaint) calling on all those responsible in the public and private sectors to show understanding for the exceptional circumstances the country was going through with regards to workers. Both parties stressed that dialogue was the best means to exit from the crisis. The BCCI praised the decision of the GFBTU to call off the strike and resume work.
14. 248. In the following weeks, however, the BCCI underwent a political change due to a shift in the internal balance of powers, which tilted the organization in favour of the Government. Around this time, prominent trade union leaders and hundreds of rank and file members were fired; some faced criminal prosecution for their role in organizing and participating in strikes and/or demonstrations. In demanding the dismissal of workers who went on trade union endorsed strikes or who otherwise demonstrated for political and socio-economic reforms, largely in state-owned or invested enterprises (including Bahrain Petroleum Company (BAPCO), Aluminium Bahrain (ALBA), Bahrain National Gas (BANAGAS), Gulf Air, Bahrain Telecommunications Company (BATELCO), АРМ Terminals, Arab Shipbuilding and Repair Yard (ASRY), Gulf Aluminium Rolling Mill Co. (GARMCO) and Bahrain Airport Services (BAS)), the Government actively worked to intimidate and dismantle an independent, democratic and non-sectarian trade union movement. The Government also persecuted public sector union members and leaders.
15. 249. On 12 June, the Joint Committee of Major Companies, which includes companies wholly or partly owned by Mumtalakat, the Government’s investment arm, which is also represented on the board of the BCCI, issued a communication to the GFBTU leadership, asking its executive council of 15 members to “voluntarily” resign immediately or face civil and criminal prosecution.
16. 250. The dismissals continued for months. Government workers, especially those in health, education and municipal sectors (which by the nature of their work frequently interface with the public), continued to be suspended or fired for their actual or suspected participation in, inter alia, political activity earlier this year. Dismissals increased since June, as the Government, through “investigation committees”, sought to cleanse the public service of workers it deemed to be a threat due to their political opinions. Roughly 550 municipal workers were fired or suspended. The GFBTU also reported that at least 132 teachers were fired, as well as 14 university professors who were fired on 12 August. Teachers facing dismissal report having to appear before a disciplinary board with no opportunity to mount a legal defence of any kind. The salaries of those under investigation were either stopped completely, or halved. Further, it appears that pro-government employees are replacing dismissed workers. According to the Bahrain Teachers Association (BTA), 2,500 teachers have been brought in from Egypt to replace dismissed Bahraini teachers, together with another 6,500 unqualified local volunteers. This is resulting in the serious deterioration of the quality of education.
17. 251. At the time of the complaint, the Minister of Labour had refused to discuss the dismissals of government workers with the GFBTU, disclaiming any responsibility and instead referring government workers to the Civil Service Board. 2,815 workers in both the public and private sector were dismissed or suspended, affecting 14,069 family members. Despite public promises to the contrary, the Government largely failed to reinstate workers illegally dismissed. The GFBTU indicated that only 336 workers had been reinstated at the time of the complaint and 212 workers had their suspensions revoked. Many of the reinstated workers had to agree to unacceptable, indeed illegal, conditions to get their jobs back. Workers had to agree not to take part in any further political activity, to waive the right to join legal complaints pending before the Ministry of Labour and Ministry of Justice, to waive any payments or benefits they may have been due and to agree not to join the union. Some workers, who worked on indefinite term contracts were brought back on fixed-term contracts. Though employed, there is no question that the Government continues to retaliate against these workers because of their political opinion, and would not hesitate to fire them again were they to resume once again legal expression of their views.
18. 252. Trade union leaders have and continue to face criminal charges. For example, the Vice President of the BTA, Jalila al-Salman and Roula al-Saffar, head of the Bahrain Nursing Society, stood trial before a military tribunal and were sentenced, before those sentences were vacated and the cases transferred to civilian criminal courts. The transfer to civilian courts is a positive step, though these leaders should not be facing charges in the first place. The Government has also commenced prosecutions against leaders at Gulf Air, DHL, GARMCO, BAPCO, among others, with the clear intent of undermining the union. Senior journalist Mansour Al Jamry, Editor-in-Chief of Al Wasat newspaper is on trial along with three other senior staff charged with publishing false information about the police crackdown, a charge that carries a one-year prison sentence.
19. 253. As regards the teachers, the complainant explains that, on 13 March, the Ministry of Education announced the temporarily closure of all schools and suspended the university academic year. When the schools reopened for staff on 20 March, teachers refused to return to work and volunteers were recruited to fill in for striking teachers. Nineteen students from the Teachers College in Bahrain were detained and 18 academics and administrators of the University of Bahrain, including the Dean of the Business School, were dismissed. Board members of the BTA were arrested on 29 March and the female General Secretary, Sana Abdul Razzaq, on 30 March. Security forces twice raided the house of BTA President Mahdi Abu Dheeb (on 20 and 29 March) and interrogated his wife and children. He was eventually arrested on 6 April.
20. 254. All public school teachers who were affiliated to the BTA decided not to go to work in support of the pro-democracy movement but also for fear for the life of the teacher union leader Mahdi Abu Dheeb. Since the declaration of a state of emergency in March, the authorities conducted pre-dawn raids on the homes of many students, teachers and teacher union leaders, detaining some for months with no trial and depriving their families of any knowledge of their whereabouts. Many other students were expelled, including 63 students on 12 June. According to BTA, more than 8,000 teachers have been affected by the crackdown, creating a climate of fear amongst educators.
21. 255. On 25 September, the National Safety Court of First Instance – a Bahraini military court – sentenced Jalila al-Salman and Mahdi 'Issa Mahdi Abu Dheeb to three and ten years’ imprisonment respectively for their involvement in peaceful protests last March. An appeal was scheduled to be heard in a civilian court on 1 December. They were tried on charges including “inciting hatred towards the regime”, “calling to overthrow and change the regime by force”, “calling on parents not to send their children to school” and “calling on teachers to stop working and participate in strikes and demonstrations”. An analysis of the statements has found no evidence of advocated violence of any kind.
22. 256. Moreover, reliable reports indicate that both Mahdi Abu Dheeb and Jalila al-Salman have been tortured in detention. On 7 June, a family member of the BTA President explained to members of EI that Mahdi Abu Dheeb had been in detention for 61 days and lost a lot of weight due to the torture and other ill-treatment. He was kept in solitary confinement in a windowless room. He did not have access to a lawyer until 7 June. Other eyewitnesses confirmed that Mahdi Abu Dheeb had been brutally tortured on a daily basis during the first three months of his detention from April to July 2011. After his arrest, he was taken to the Criminal Investigation Directorate (CID) headquarters in Adliya where he was first handcuffed, blindfolded, beaten on the head, ears, kidneys and back and insulted about his religious beliefs. He was also forced to stand for long periods of time. On the second day of his detention, he was taken from his cell and hung from the ceiling and brutally beaten with a plastic hose. Although he signed a forced confession, the beatings continued and he was threatened to be hung again. On 9 April, he was transferred to the Bahrain Defence Force Royal Medical Services. On the way to the hospital he was beaten again. After receiving treatment, a police officer warned him that he would be beaten again if he did not follow their instructions. Mahdi was taken to cell No. 2 at Al-Grain military prison where co-detainees witnessed how he continued to be tortured. He was forbidden from praying according to his religion. The torturers also threatened to rape him several times. In one month, Mahdi lost around 15 pounds, his health deteriorated and his kidneys were affected by the beating.
23. 257. On 9 May, he was taken back to the CID for interrogation by an officer. The officer refused to acknowledge the marks of torture on Mahdi’s body. Another person entered the room and threatened Mahdi to call in “specialists”, one to beat him, one to rape him and another one to torture him by electric shock. They threw cigarette ash on Mahdi’s head. After signing new forced confessions to be used by the military prosecution, Mahdi was allowed to go to the restroom where he saw his face for the first time in one month. Mahdi was never allowed to see a lawyer until at the first military court session. After he returned to the Al-Grain prison following his interrogation, he was beaten again. On 11 September, Mahdi started a hunger strike to protest his detention and the incarceration of his colleagues as well as the fact that his two letters to the military prosecutors remained unanswered. On 12 October, Mahdi was transferred to the Jaw prison which houses 450–500 inmates and is known by human rights activists for its appalling detention conditions. New inmates are reported to be mistreated heavily while in detention. Mahdi Abu Dheeb did not get treatment for diabetes and high blood pressure during his detention.
24. 258. The BTA female Vice-President Jalila al-Salman’s house in Manama was raided on 29 March by more than 40 security officers. She was reportedly taken to the CID in Manama where she remained for about a week during which she was beaten and held in solitary confinement. She was believed to have been transferred to the custody of the military and held there for two months, before being transferred again to a detention centre in Issa Town.
25. 259. In several cases, the employer has unilaterally cancelled dues deductions in apparent retaliation for trade union activity carried out earlier this year. These dues deduction arrangements had been in place for many years and were never previously breached. For example, at ASRY, workers noted that their paystubs, which had reflected the deduction of dues in April, no longer reflected dues deductions in May or afterwards. At no point had these workers resigned from the union or had the worker or union asked the employer not to deduct dues from the pay checks. The ASRY Trade Union wrote to the company and the Ministry of Labour in June regarding the cancellation of the dues check-off; neither letter received a response. The intent of the move is obvious – to starve the union of financial resources needed to represent its members.
26. 260. Similarly, the BAS cancelled the dues check-off arrangement with the Bahrain Airport Services Trade Union. It had argued that the workers had asked to have the dues deduction cancelled. Apart from being untrue, it is not even the proper procedure. A worker would resign from the union and the union would inform the employer that the worker is no longer a member and to stop deducting dues. The union protested the employer’s cancellation of the check-off system in November 2011.
27. 261. At one time, the union at GARMCO represented 750 of 780 employees. Following the events of 13 March, the trade union went to extraordinary lengths to ensure that production would continue despite the total lack of security and road-blocks. The union even proposed that its members go from three eight-hour shifts to two 12-hour shifts to avoid curfews and other logistical obstacles. A month later, however, the investigations commenced and numerous terminations and suspensions followed. On 8 May, the entire union executive board was fired after the union filed a complaint regarding the dismissals. The company then circulated a petition denouncing the union. About 130 workers signed it but several have subsequently stated that they were forced or tricked into signing the petition. The company then unilaterally decided to no longer “recognize” the union. Trade union officials have been barred from the premises and the union offices have been burglarized by company officials.
28. 262. On 9 October, the Government of Bahrain unilaterally and without notice amended the trade union law in an effort to silence the independent and democratic voice of Bahraini workers, the GFBTU. These amendments marked yet another serious attack on the fundamental rights of Bahraini workers, the passage of which was an obvious (and illegal) act of retaliation by the Government for the exercise of trade union activity. The complainant fears that the amendments will be used to establish and promote government backed unions that will be used to mouth a defence of the government’s anti union and anti-democratic policies to the international community. The amended articles of the Trade Union Law include:
    • Article 8(1), which was amended to prohibit the establishment of a general labour federation, allowing instead only the establishment of a federation of “similar” trade unions.
    • Article 8(3) allows the Minister of Labour to determine which trade union may represent Bahraini workers in international forums and in national level bargaining. These rights belong (as they do in most countries) to the most representative trade union(s) – here the GFBTU. This is a naked attempt by the government to prohibit the GFBTU from further denouncing government-sponsored violations of trade union rights before the International Labour Organization (ILO).
    • Article 10, which allows for the establishment of multiple unions at the enterprise level, so long as the union is not formed on the basis of sect, religion or race. Legislation permitting multiple unions in an enterprise is fully consistent with international law. The timing of this reform raises obvious questions about the government’s motivations. Similarly, trade unions absolutely should not discriminate on the bases of sect, religion or race. The GFBTU is a non sectarian organization and no GFBTU-affiliated trade union has been formed on any of these prohibited bases. However, the complainant is concerned that the government will look for and find trade unions with a large Shia majority – which is to be expected given that the vast majority of working class Bahrainis are in fact Shia. The law could be invoked to deregister trade unions claiming that they were established along religious or sectarian lines even where there is no evidence of any such intent.
    • Article 17, which now includes language barring trade unionists who are held responsible for violations that led to the dissolution of a trade union organization or its executive council are prohibited from nominating themselves to the membership of the executive council of any trade union organization within five years from the date of decision or final judicial ruling on the dissolution of the union. While a law barring the election of a trade union leader convicted of a crime related to his or her integrity, such as corruption or fraud, may be appropriate, this amendment is an obvious attempt to remove the trade union leadership that participated in the political mobilization earlier this year. As mentioned above, the trade union leaders of a number of major enterprises, including Gulf Air, GARMCO, BAPCO, and DHL have been summoned to appear before the courts on charges related to the demonstrations earlier this year. If convicted, it could lead to the dissolution of the executive council, and potentially the union. If those unions dissolve, it would strike a severe blow to the GFBTU.
29. 263. Even before the Trade Union Law was amended in 2011, the labour laws of Bahrain were well out of compliance with the principles of freedom of association and collective bargaining. The most serious shortcomings, described below, must also be addressed through a process of social dialogue.
    • Article 2 of the Labour Law explicitly excludes from coverage several broad categories of workers. While some excluded workers are covered by a separate labour relations regime, such as civil servants and seafarers, others workers appear to be wholly unprotected. Among this latter category are domestic servants and “persons regarded as such,” temporary workers performing ancillary services of an employer for a duration of less than one year and most agricultural workers. The children of an employer (of any age) are also excluded.
    • The labour laws of Bahrain have been interpreted to prohibit public sector workers from forming unions. On this basis, the Government has refused to recognize six legitimate public sector unions. While Article 10 of Legislative Decree No. 33 of 2002 (the Trade Union Law) provides that “the workers of any establishment, of any particular sector, of any particular activity or of similar or associate industries or professions may establish their own trade union subject to the provisions of the law”, according to Circular No. 1 of February 10, 2003, civil service workers are expressly prohibited from forming their own unions. Indeed, such workers may only join currently existing unions in the private sector. The relevant text of Circular 1 states: [A]s supported by Clause 10 of the Trade Union Law - 33 of 2002, it is impermissible under the law for the employees governed by the Civil Service Commission to form trade unions within ministries or government agencies that are governed by the Civil Service Administration, for that is considered in violation of the law. Their right is restricted to joining the unions that were formed by workers governed by the law for the Private Sector or the Maritime law.... In support of this opinion, all trade union organizations, both general assemblies and executive boards and labour committees that have been formed or are still in existence following their formation by workers in the government sector, are considered illegal organizations. Therefore, they are considered as if they do not exist. And it is the duty of all workers who work under the Civil Service Administration regime, if they chose to practice trade union activity in accordance with the law, to seek membership in the trade unions that were formed under the provisions of the Labour Law for the Private Sector or the Maritime law. Officials from the GFBTU have repeatedly requested the Minister of Labour to withdraw Circular No. 1 and the Government promised that Parliament would in fact consider an amendment to the Trade Union Act that would allow public sector workers to establish their own trade unions. However, in a subsequent communication dated 22 March 2007, the Government informed the GFBTU that any such amendment to the law would be postponed until the trade union movement in Bahrain had an opportunity to mature. Since then, there has been no effort on the part of the Government to extend the right of freedom of association and collective bargaining to public sector workers. Additionally, the GOB should immediately repeal Directive No. 3 of 2007, which provides that the authorities may take disciplinary action against civil service workers that have established or joined public sector unions.
    • The right to strike in Bahrain has been unduly restricted in law and in practice. Article 21(e) of the Trade Union Law provides that, “strikes shall be prohibited in vital and important facilities such as security, civil defence, airports, ports, hospitals, transportations, telecommunications, electricity and water.” This provision was subsequently amended in 2006 by Act No. 49. Section 21 of the Act amended Article 21(e) of the law, providing that strikes would be prohibited “at strategic undertakings, which may threaten national security, or disrupt the flow of daily life for citizens.” The Act also provided that the Prime Minister would issue an order “which determined the strategic undertakings from which striking shall be prohibited.” On 20 November 2006, the Prime Minister issued Decision No. 62, which classified as “strategic undertakings” for purposes of Act No. 49 the following sectors: “security services, civil defence, airports, ports, hospitals, medical centres and pharmacies, all means of transport of persons or goods, telecommunications, electricity and water services, bakeries, educational institutions and oil and gas installations.”
    • Article 133 of the Labour Code provides that either party alone may request conciliation and arbitration in private sector to resolve collective labour disputes. Moreover, the government can compel conciliation and arbitration, even if neither party has requested it. In many cases, the employer has invoked these mechanisms, which can in practice last for years (although the law itself contemplates a more rapid resolution), in order to deny a union its right to strike. Article 140 provides that no union may strike once the employer submits an application for conciliation.
    • The Labour Code provides no substantive or procedural rights for workers with regard to collective bargaining, although collective bargaining does occur in a limited form in unionized workplaces. Such “agreements” are more often a compendium of single-issue agreements reached over time and are not the result of comprehensive collective bargaining on wages, hours and conditions of work as commonly understood. Unions have pressed for the adoption of a law on collective bargaining but have so far been unsuccessful. In some cases, employers (such as BAPCO) have refused to bargain collectively citing the lack of explicit language in the labour code.
30. 264. In conclusion, the complainant urges the Committee to recommend that the Government of Bahrain unconditionally reinstate all public sector workers illegally fired for participating in trade union activity. Similarly, the Government must ensure that dismissed workers in the private sector are also unconditionally reinstated. Any conditions imposed on those few workers who have been reinstated that are inconsistent with national and international law should be deemed null and void. Criminal prosecutions for activity related to trade union activity should end and those already convicted should be released immediately. The recent amendments to the Trade Union Law should also be repealed to the extent they are inconsistent with international law; new amendments bringing the labour legislation into compliance with Conventions Nos 87 and 98 should be developed through social dialogue and enacted as soon as possible. Further, the ILO should monitor the recent amendments that, while consistent with the conventions, are nevertheless suspect due to the timing of their passage and the high likelihood that they will be used to further weaken the GFBTU rather than strengthen the labour movement as a whole.
31. 265. In its communication dated 3 February 2012, the complainant indicates that the first hearing of the appeal of BTA leaders, Jalila al-Salman and Mahdi Abu Dheeb, was held on 11 December 2011 and adjourned by the Supreme Court of Appeal to 19 February. Both defendants were present. Their lawyers asked for the Bahrain Independent Commission of Inquiry’s report (BICI) to be included as evidence in the file of this case. The BICI report refers to the torture and mistreatments that have been inflicted to Mahdi Abu Dheeb and other detainees during their detention. The lawyers also asked that “confessions” allegedly obtained from both activists under torture to be dropped. The request of the lawyers of the BTA to release Mahdi on bail, given his health condition, was rejected by the court. The judge finally postponed the hearing to 19 February 2012 and ordered the annexation of the BICI report in the file of the case. This postponement is in contradiction with the right of BTA leaders to a fair and prompt trial.
32. 266. Seven other BTA board members (see full list in appendix) are also on trial and 76 teachers have been sacked for similar baseless reasons. A larger number of teachers are still suspended and most BTA board members have been sacked.
33. 267. Jalila al-Salman, who is currently free on bail, reported to EI that there are serious fears for the health of the former President of BTA, Mahdi Abu Dheeb. His health condition is deteriorating day by day since he moved to Jaw Prison on 12 October, but the officials continue to deny him the urgent medical help he needs. The type of tortures and mistreatment suffered by Mahdi Abu Dheeb and other detainees in Bahraini prisons are documented in the BICI report released on November 23.

B. The Government’s reply

1. 268. In its communication dated 29 February 2012, the Government provides the following partial information in reply to the complaint. The Government asserts that the Kingdom of Bahrain adheres to all international labour principles and standards contained in the ILO Conventions and Recommendations. While Bahrain has not ratified the Arab and international Conventions on trade union freedoms, it endeavours to respect these freedoms in its national legislation, notably in the Trade Union Law No. 33 of 2002. Moreover, the Government has not taken any action in respect of participants in the strikes called by the GFBTU and a group of affiliated trade unions under its umbrella. Furthermore, no legislative action has been taken against the GFBTU, which has continued to operate, to contribute at the local and the international level and to express its opinion freely.
2. 269. The Government states that it continues to follow up on the previous recommendations made by the Committee on Freedom of Association in Cases Nos 2433 and 2552. It has coordinated with the authorities concerned to give effect to the Committee’s recommendations and has sought to develop national legislation and bring it into line with international labour standards.
3. 270. As regards the dismissal of 180 civil service employees, the Government indicates that these were revoked pursuant to the decision of His Excellency the Deputy Prime Minister and Deputy Head of the Civil Service Council. The employees concerned were reinstated in their jobs with effect from 1 January 2012, without prejudice to their rights and privileges under the law. All public sector employees who were dismissed have now been reinstated in their jobs, with the exception of a few cases that are before the courts.
4. 271. In addition, since the formation of the tripartite labour committee in accordance with the agreement reached at the 312th Session of the ILO Governing Body in November 2011 (regarding the Article 26 complaint concerning non-observance of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111)), the Ministry of Labour has undertook to discuss dismissal cases in the public and private sector, without exception.
5. 272. The Government has made active efforts to reinstate dismissed public and private sector employees in their jobs, pursuant to the directives of His Majesty the King. The report to be sent to the ILO pursuant to the Governing Body decision contains details of the reinstatement process.
6. 273. At the time of this communication, more than 90 per cent of private sector employees who had been dismissed had either been reinstated in their former posts or re-employed, by means of the efforts of the Ministry of Labour, or that measures to reinstate them in their jobs in other companies with the same benefits as before, or on better terms, were being approved. Moreover, the reinstatement procedures for a number of other private sector employees who had been dismissed and whom companies had agreed to reinstate would soon be completed. The ILO delegation visiting Bahrain from 28 February to 2 March 2012 was briefed directly in this regard.
7. 274. As regards the arrests of teachers’ association leaders, the Government indicates that the Ministry of Education reported that the BTA had violated Legislative Decree No. 21 of 1989, as amended, concerning social and cultural associations and clubs, private youth and sports organizations and private institutions, on the basis of which the Association was given legal status. The violations included engaging in politics, promoting sectarianism, jeopardizing national security and the social order and inciting teachers to neglect their professional and educational duties, including those working in kindergartens and rehabilitation institutes for persons with disabilities.
8. 275. The Ministry of Education had further indicated that it had taken legal measures stipulated in the Civil Service Act and implementing regulations to bring offenders before investigative panels composed of qualified and impartial persons while offering all safeguards established by law. A number of employees had been arrested and referred for investigation on full pay while detained. The dismissal decisions have been revoked pursuant to the directives of His Majesty the King and the orders of His Excellency the Deputy Prime Minister. All employees in respect of whom such decisions were issued returned to their jobs with effect from 1 January 2012.
9. 276. As regards the amendments to the trade union law, the Government indicates that, in order to give effect to the views expressed during the national dialogue held in July 2011, His Majesty the King issued Legislative Decree No. 35 of 2011 amending various provisions of the Trade Union Law No. 33 of 2002. These amendments are in conformity with international labour standards, notably with the Convention No. 87. The Government of Bahrain attributes great importance to these standards in its labour legislation as it believes that the national legislation needs to keep pace with the latest legislative developments in order to protect the rights of workers, who represent a large segment of Bahraini society.
10. 277. The most important amendments introduced by the aforementioned Legislative Decree are set out below:
    • (a) Under the Legislative Decree, two or more trade unions representing similar professions or sectors may form a trade union federation, provided that the general assembly of the trade union has approved the establishment of a federation and membership thereof by a majority.
    • (b) The most representative union will be designated by a decision of the Minister of Labour to represent Bahrain’s workers in international forums and at the national level in collective bargaining with employers. The Ministry of Labour emphasizes that such ministerial decisions are purely administrative procedures and will be based on international labour standards.
    • (c) Under article 10, as amended by the aforementioned Legislative Decree, workers in any specific sector or facility or in any particular activity or in similar or associated industries or crafts now have the right to establish one or more trade unions of their own, provided that these are not established on a sectarian, religious or ethnic basis. The law thus enables workers in a facility to establish more than one trade union in order to defend their interests and prevents a single trade union in a facility from exercising a monopoly.
    • (d) In order to ensure the proper functioning of trade unions and trade union federations and to prevent governing body members from possibly committing violations, the legislature has banned persons found to be responsible for violations leading to the dissolution of a trade union organization – whether a trade union, a trade union federation or the governing body of such an organization – from nominating themselves for membership of the governing body of any trade union organization for five years following the date on which a voluntary decision to dissolve an organization or a final court decision to dissolve the organization is issued.
11. 278. The above amendments are consistent with international and Arab labour standards, as stated previously. However, the fact that the aforementioned Legislative Decree introduces trade union pluralism at the level of facilities or federations does not mean that trade unions and federations will proliferate by force of law. It is for workers or trade unions to choose whether they want trade union unity or pluralism, as established by international and Arab labour standards which state that national legislation should provide for trade union pluralism and allow workers to choose trade union unity or pluralism. It should be noted in this regard that trade union pluralism prevents trade union monopolies and creates a kind of competition between trade unions and federations, which is of benefit to workers and has a positive impact on the defence of their interests.
12. 279. Furthermore, the amendments introduced by the Legislative Decree include various controls to ensure that trade unions remain focused on their assigned objective, in particular the restrictions relating to the establishment of trade unions or associations on a sectarian, religious or ethnic basis. This is in addition to the ban on the nomination of persons found to be responsible for the dissolution of a trade union organization or the governing body thereof for a specified period in order to ensure the proper functioning of trade union organizations, given that there is currently a legislative gap in this area. It should be noted in this regard that the Council of Representatives has approved the aforementioned Legislative Decree, which is currently under consideration by the Shura Council; the legislative authority in the Kingdom of Bahrain consists of both Councils.
13. 280. On the question of dismissals in the private sector more generally, the Government indicates that a number of companies and institutions affected economically by worker absences took disciplinary measures in respect of absent workers, thereby exercising their disciplinary authority enshrined in the applicable law and regulations and acting within the scope of their own approved internal rules and regulations registered with the Ministry of Labour. At the same time, under Bahraini law, workers and trade unionists subjected to disciplinary action are entitled to submit a labour complaint in order to verify that the law has been properly applied, that they have not been subjected to arbitrary dismissal and that normal legal measures have been taken in that regard in order to attempt to resolve disputes amicably. Cases in which that is not possible are referred to the competent courts for consideration, pursuant to article 110bis of the private sector Labour Code of 1976.
14. 281. As regards public sector dismissals, following the absence of a number of public sector employees from their jobs, the labour authorities set up investigative panels in connection with employee absences. The investigative panels sent their recommendations in respect of employees who were absent without an acceptable excuse to the Civil Service Bureau (CSB) for consideration and to determine the necessary action to be taken. According to data from the CSB, ministries and agencies transmitted lists of names of 2,075 employees in respect of whom the authorities had decided to take various forms of disciplinary action, including dismissal, to the CSB, which upon re examination decided that it would: drop charges in 19 cases; request the labour authorities to re-examine eight cases; refer 219 cases to the Office of the Public Prosecutor; acquit 18 employees of the charges against them; mitigate the penalties handed down by the ministries in respect of the employees concerned; and only suspend 1,631 employees from work for specified periods not exceeding ten days. In order to turn the page on the past, the CSB has played a significant and positive role by encouraging disciplinary panels to comply with the aforementioned directives.
15. 282. As regards the rights of domestic workers, although no articles in the current private sector Labour Code relate directly to domestic workers, their rights are protected under other applicable national legislation and regulations. It should be noted that certain articles of the new Labour Code, currently in its final stages before the legislative authority, protect the rights of domestic workers and those in similar employment clearly and on an equal basis with other workers.
16. 283. As regards the allegations that some companies have ceased to deal with their trade unions by suspending financial support and not recognizing them as representative of workers, the Government states that, while to date the Ministry has not received any such complaints it would take the necessary legal measures should such a complaint be submitted. The Government underscores that excellent cooperation exists between some companies and their trade unions, such as ALBA and Gulf Petrochemicals Industries.
17. 284. The Government concludes by confirming its readiness to cooperate fully with the ILO to provide any further information requested by the Committee.
18. 285. In its communication dated 15 May 2012, the Government states that 57 trade union leaders have been reinstated. However, the GFBTU submitted ten new names. While three of them have been reinstated and another four are in the process of reinstatement, the employers of the remaining three cases have submitted complaints to the court accusing them of financial misbehaviour. The Minister of Labour will exert every effort to reinstate them if the court decides they are innocent and their dismissals are related to the political events.

C. The Committee’s conclusions

1. 286. The Committee observes that this case concerns grave allegations of massive arrests, torture, dismissals, intimidation and harassment of trade union members and leaders following a general strike action in February and March 2011 in defence of workers’ socio-economic interests. The complainant further alleges acts of interference in the GFBTU internal affairs and measures taken by the Government to amend the trade union legislation in a manner contrary to the principles of freedom of association.
2. 287. The Committee takes due note of the Government’s statement that the Kingdom of Bahrain adheres to all international labour principles and standards contained in the ILO Conventions and Recommendations. While Bahrain has not ratified the international Conventions on trade union freedoms, the Government states that it endeavours to respect these freedoms in its national legislation, notably in the Trade Union Law No. 33 of 2002. Moreover, the Government asserts that it has not taken any action in respect of participants in the strikes called by the GFBTU and a group of affiliated trade unions under its umbrella.
3. 288. The Committee first wishes to express its deep concern at the numerous and serious allegations set out in the complaint. In this regard, the Committee recalls that a genuinely free and independent trade union movement can only develop where fundamental human rights are respected and in a climate free from violence and uncertainty [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, paras 33 and 45].
4. 289. As regards the question of dismissals and criminal referrals of civil servants, the Committee observes that many of these matters have also been raised in relation to the article 26 complaint concerning the non-observance by Bahrain of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee welcomes the tripartite agreement which was signed within this framework (see Annex 1), whereby the parties committed to continue their efforts to ensure the full reinstatement in both public and private sectors of all the remaining workers to the maximum extent possible no later than 30 May 2012. The parties further committed to the withdrawal of all pending court cases relating to workers dismissed from public–private and major companies in the interest of social peace and improving workplace relations, while the Government committed to reviewing the 64 cases where civil servants had been charged of criminal acts to ensure that the charges met national and international standards and to reinstate with full pay and allowances those found not to meet this requirement. In its latest communication, the Government indicates that 60 trade union leaders have been reinstated, four are in the process of reinstatement and three others are awaiting court decisions. The Committee requests the Government to continue to provide information on the implementation of this agreement, and the status of any remaining court cases.
5. 290. As regards the allegations of excessive police intervention in the general demonstrations, the Committee recalls that the authorities should resort to the use of force only in situations where law and order is seriously threatened. The intervention of the forces of order should be in due proportion to the danger to the law and order that the authorities are attempting to control and governments should take measures to ensure that the competent authorities receive adequate instructions so as to eliminate the danger entailed by the use of excessive violence when controlling demonstrations which might result in a disturbance of the peace [see Digest, op. cit., para. 140]. The Committee notes that the BICI report, referred to by the Government, has made specific recommendations concerning the promulgation and enforcement of police professional standards and the need for legal and sensitivity training for police officers and requests the Government to keep it informed of the training provided.
6. 291. The Committee notes that the Government has not replied to the allegations of intimidation and harassment of trade union leaders and members, including through an alleged campaign in the media against the GFBTU and its leadership and a communication issued on 12 June 2011 by the Joint Committee of Major Companies urging the leaders of the GFBTU to resign from their position without delay or face criminal as well as civil legal charges for their role in what they refer to as an illegal strike. The Committee expresses its deep concern at the nature of these allegations of interference which, if true, could have a significant detrimental impact on the rights of trade union leaders to exercise legitimate trade union activity. The Committee expects the Government to transmit its observations on these allegations without delay and to ensure that sufficient measures are taken to protect trade unionists from any such acts of intimidation and harassment.
7. 292. The Committee further underlines the allegations of arrest, detention and torture of Mahdi ‘Issa Mahdi Abu Dheeb, BTA President, and Jalila al-Salman, BTA Vice-President, and their sentencing to three and ten years’ imprisonment respectively by a Bahraini military court for their involvement in peaceful protests. While their cases have been appealed within the civil justice system, the Committee observes with serious concern that Mr Abu Dheeb remains in detention and that the complainant has raised grave allegations that he and Ms Jalila al-Salman have been tortured in jail.
8. 293. The Committee notes the information provided from the Ministry of Education that the BTA had violated Legislative Decree No. 21 of 1989, as amended, concerning social and cultural associations and clubs, private youth and sports organizations and private institutions, on the basis of which the Association was given legal status. The violations included engaging in politics, promoting sectarianism, jeopardizing national security and the social order and inciting teachers to neglect their professional and educational duties, including those working in kindergartens and rehabilitation institutes for persons with disabilities.
9. 294. The Committee first wishes to emphasize in respect of the allegations relating to the ill treatment or any other punitive measures said to have been taken against workers who have taken part in strikes the importance it attaches to the right of trade unionists, like all other persons, to enjoy the guarantees afforded by due process of law in accordance with the principles enunciated in the Universal Declaration of Human Rights and in the International Covenant on Civil and Political Rights. Where allegations of ill-treatment and torture are made, governments should carry out inquiries into complaints so that appropriate measures, including compensation for damages suffered and the sanctioning of those responsible, are taken to ensure that no detainee is subjected to such treatment [see Digest, op. cit., paras 57 and 56].
10. 295. The Committee notes the BICI report recommendations for the independent investigation of claims of torture and other forms of cruel, inhuman or degrading treatment or punishment and expects the Government to provide information without delay on the specific steps taken to investigate the allegations of torture in relation to Mr Abu Dheeb and Ms Jalila al-Salman and the outcome of these investigations and, in light of the concerns raised by the complainants over Mr Abu Dheeb’s health, to ensure that he immediately receives all necessary medical attention.
11. 296. As regards the continuing detention of Mr Abu Dheeb, the Committee recalls that the detention of trade unionists for reasons connected with their activities in defence of the interests of workers constitutes a serious interference with civil liberties in general and with trade union rights in particular [see Digest, op. cit., para. 64]. The Committee expects that he will be immediately released should it be found that he has been detained for the exercise of legitimate trade union activity. The Committee urges the Government to provide full particulars on the status of his and Ms Jalila al-Salman’s appeals, as well as the specific charges brought against them and copies of any court judgments in their case.
12. 297. While taking due note of the Government’s reply that it has not received any complaints of unilateral withdrawal of check-off facilities or of employer refusal to recognize established trade unions, the Committee requests it to provide information in its next report on the status of the unions at ASRY, BAS and GARMCO, which were specifically mentioned in the complaint.
13. 298. The Committee further notes the concerns raised by the complainant in relation to recent amendments to the Trade Union Law No. 33 of 2002. In particular, the Committee notes the allegations that:(1) it would be no longer possible to form a general labour federation; (2) the Ministry of Labour will use its discretion in appointing workers’ organizations to represent workers before international forums and in national bargaining; (3) the timing of changes introducing pluralism at the workplace (article 10) and prohibiting discrimination by unions on the basis of sect, religion or race which may be misused to undermine the trade union movement; and (4) the restriction placed on trade union elections in relation to candidates that have committed an offense.
14. 299. The Government, for its part, states that: (1) federations can be formed if they are made of unions within a similar sector; (2) ministerial decisions designating the most representative unions are purely administrative procedures and will be based on international labour standards; (3) the amendment to article 10 enables workers in a facility to establish more than one trade union in order to defend their interests and prevents a single trade union in a facility from exercising a monopoly, while the introduction does not mean that trade unions and federations will proliferate by force of law. It is for workers or trade unions to choose whether they want trade union unity or pluralism, as established by international and Arab labour standard. In addition, these controls are necessary to ensure that trade unions remain focused on their assigned objective, in particular the restrictions relating to the establishment of trade unions or associations on a sectarian, religious or ethnic basis; and (4) in order to ensure the proper functioning of trade unions and federations and to prevent governing body members from possibly committing violations, the legislature has banned persons found to be responsible for violations leading to the dissolution of a trade union organization from nominating themselves for membership of the governing body of any trade union organization for five years following the date on which a voluntary decision to dissolve an organization or a final court decision to dissolve the organization is issued.
15. 300. The Committee wishes first to express its deep concern at the allegation that the amendments to the Trade Union Law would mean that general labour federations that cut across particular sectors will no longer be allowed. The Committee recalls that legislation which prevents the establishment of federations and confederations bringing together the trade unions or federations of different activities in a specific locality or area or on a regional or national basis would not be in conformity with the principles of freedom of association [see Digest, op. cit., paras 715 and 720]. The Committee requests the Government to confirm that this amendment will have no negative impact on the abovementioned principle and that the GFBTU will continue to function legally and be fully recognized and to take steps if necessary to amend the provision, in full consultation with the GBFTU, so as to clarify that general labour federations may be formed freely.
16. 301. As regards the amendment to article 10 introducing trade union pluralism at the enterprise level and the ban on any union that discriminates on the basis of sect, religion or belief, the Committee first recalls that it had requested the Government to take the necessary measures to introduce trade union pluralism at the enterprise level and to amend article 10 when it examined Case No. 2433 [see 340th Report, paras 321–324]. The Committee takes due note of the concerns expressed by the complainant that the timing of this change could be aimed or used in a manner so as to undermine the GFBTU and its affiliates. The Committee recalls that situations in which the authorities interfere in the activities of a freely constituted trade union by establishing alternative workers’ organizations and inciting workers using unfair means to change their membership violate the right of workers to establish and join organizations of their own choosing and expects the Government to ensure full respect for the principle that workers can in practice establish and join organizations of their own choosing in full freedom and without government interference [see Digest, op. cit., paras 344 and 309].
17. 302. As regards the ban on organizations that discriminate on the basis of sect, religion or belief, the Committee recalls that the principle of non-discrimination in respect of trade union matters, and the words “without discrimination whatsoever” mean that freedom of association should be guaranteed without discrimination of any kind based on occupation, sex, colour, race, beliefs, nationality, political opinion, etc. [see Digest, op. cit., para. 209]. Nevertheless, the Committee takes due note of the concerns raised by the complainant that the Government might use this amendment to ban or interfere with unions whose membership is largely Shia due to the large majority of Shia workers in many workplaces. It recalls in this respect that the free exercise of the right to establish and join unions implies the free determination of the structure and composition of unions [see Digest, op. cit., para. 333]. The Committee expects that the Government will ensure that this provision may only be invoked when a union’s by-laws or acts are such as to consciously discriminate against certain workers on the bases mentioned and would in no way be used to dissolve an organization solely on the basis of its membership.
18. 303. Finally, as regards the amendment which bans persons who are held responsible for violations that led to the dissolution of a trade union or its executive body from trade union office for a period of five years following their conviction, the Committee observes the concerns raised by the complainant that this amendment is an attempt to remove the trade union leadership that participated in the political mobilization earlier this year. In particular, the complainant is concerned that, if the trade union leaders of a number of major enterprises who have been summoned to appear before the courts on charges related to the demonstrations were to be convicted, this provision could lead to the dissolution of the executive council and of the union and finally could strike a severe blow to the GFBTU. The Committee recalls that a law which generally prohibits access to trade union offices because of any conviction is incompatible with the principles of freedom of association, when the activity condemned is not prejudicial to the aptitude and integrity required for trade union office [see Digest, op. cit., para. 421]. It requests the Government to amend the legislation to ensure respect for this principle and, in the meantime, to confirm that this provision cannot be used for convictions relating to the exercise of legitimate trade union activity or the exercise of the right to peaceably demonstrate.
19. 304. The Committee further notes the allegations relating to labour provisions that have been the subject of previous recommendations by the Committee in relation to the freedom of association rights of public servants and the right to strike. In particular, the Committee recalls its recommendations in relation to Cases Nos 2433 and 2552 wherein it requested the Government to amend the Trade Union Law to ensure that public servants may form and join the organizations of their own choosing and to respect the principles concerning the right to strike and modify the list of essential services set out in the Prime Minister’s Decision No. 62 of 2006 so that it includes only essential services in the strict sense of the term [see Case No. 2433, 340th Report, para. 326 and Case No. 2552, 349th Report, para. 424]. The Committee notes the Government’s indication that it continues to follow up on the previous recommendations made by the Committee on Freedom of Association in Cases Nos 2433 and 2552 and has sought to develop national legislation and bring it into line with international labour standards. The Committee urges the Government to take the necessary measures in the very near future to ensure the full implementation of its previous recommendations.
20. 305. The Committee further notes the concerns raised by the complainant in relation to exclusions from the labour law with respect to domestic servants and “persons regarded as such”, temporary workers performing ancillary services of an employer for a duration of less than one year and most agricultural workers, as well as the children of an employer (of any age). The Committee recalls that all workers, without distinction whatsoever, including without discrimination in regard to occupation should have the right to establish and join organizations of their own choosing [see Digest, op. cit., para. 216]. The Committee notes the Government’s statement that while domestic workers are not covered by the private sector Labour Code, their rights are protected under other applicable national legislation and regulations. The Government adds that certain articles of the new Labour Code, in its final stages before the legislative authority, protect the rights of domestic workers and those in similar employment clearly and on an equal basis with other workers. The Committee requests the Government to indicate the manner in which domestic workers will be fully ensured their freedom of association rights under the new Labour Code and to take the necessary measures to ensure that all workers, without distinction whatsoever, may freely form and join the organization of their own choosing. It requests the Government to transmit a copy of the draft which is before the legislative authority.
21. 306. In view of the important matters raised above, the Committee welcomes the commitment of all parties to the tripartite agreement to work together to ensure the smooth reintegration of the workers into their workplaces and a return to social peace and the expressed commitment of the ILO to provide the tripartite partners and the enterprises concerned with the necessary support through capacity building and training for a smooth reintegration and the improvement of workplace relations and social dialogue. The Committee expects that the Government will avail itself of the technical assistance and support of the ILO in this regard in the very near future and requests the Government to keep it informed of developments.
22. 307. Finally, the Committee welcomes the Government’s commitment in the tripartite agreement to work on the possibility of ratifying the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and requests the Government to keep it informed of the steps taken in this regard.

The Committee’s recommendations

1. 308. In light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee welcomes the tripartite agreement whereby the parties committed to continue their efforts to ensure the full reinstatement in both public and private sectors of all the remaining workers to the maximum extent possible no later than 30 May 2012. The Committee requests the Government to continue to provide information on the implementation of this agreement and the status of any remaining court cases.
   • (b) The Committee notes that the BICI report, referred to by the Government, has made specific recommendations concerning the promulgation and enforcement of police professional standards and the need for legal and sensitivity training for police officers and requests the Government to keep it informed of the training provided.
   • (c) The Committee expects the Government to transmit its observations on the allegations of intimidation and harassment of trade union leaders and members without delay and to ensure that sufficient measures are taken to protect trade unionists from any such acts.
   • (d) Noting the recommendations in the BICI report for the independent investigation of claims of torture and other forms of cruel, inhuman or degrading treatment or punishment, the Committee expects the Government to provide information without delay on the specific steps taken to investigate the allegations of torture in relation to BTA leaders Mr Abu Dheeb and Ms Jalila al-Salman and the outcome of these investigations and, in light of the concerns raised by the complainants over Mr Abu Dheeb’s health, to ensure that he immediately receives all necessary medical attention.
   • (e) The Committee expects that Mr Abu Dheeb will be immediately released should it be found that he is detained for the exercise of legitimate trade union activity. It further urges the Government to provide full particulars on the status of his and Ms Jalila al-Salman’s appeals, as well as the specific charges brought against them and copies of any court judgments in their case.
   • (f) The Committee requests the Government to provide information in its next report on the status of the unions at ASRY, BAS and GARMCO.
   • (g) The Committee requests the Government to confirm that the amendments to the Trade Union Law will have no negative impact on the right of workers to establish and join the organization of their own choosing and for these organizations to form and join federations and confederations of their own choosing and that the GFBTU will continue to function legally and be fully recognized. It further requests the Government to take steps if necessary to amend the relevant provision, in consultation with the GFBTU, so as to clarify that general labour federations may be freely formed.
   • (h) The Committee expects the Government to ensure full respect for the principle that workers should in practice be able to establish and join organizations of their own choosing in full freedom and without government interference.
   • (i) The Committee requests the Government amend the legislation banning from trade union office persons held responsible for violations leading to the dissolution of a trade union or its executive body and, in the meantime, confirm that this provision cannot be used for convictions relating to the exercise of legitimate trade union activity or the exercise of the right to peaceably demonstrate.
   • (j) The Committee urges the Government to take the necessary measures in the very near future to ensure the full implementation of its previous recommendations in Cases Nos 2433 and 2522, especially as regards the need to ensure fully the freedom of association rights of public servants and to bring the Trade Union Law and the Prime Minister’s Decision No. 62 of 2006 in line with its recommendations concerning strike restrictions.
   • (k) The Committee requests the Government to indicate the manner in which domestic workers will be fully ensured their freedom of association rights under the new Labour Code and to take the necessary measures to ensure that all workers, without distinction whatsoever, may freely form and join the organization of their own choosing. It requests the Government to transmit a copy of the draft which is before the legislative authority.
   • (l) The Committee expects that the Government will avail itself of the technical assistance and support of the ILO in the area of capacity building and training for a smooth reintegration and the improvement of workplace relations and social dialogue in the very near future and requests the Government to keep it informed of developments.
   • (m) The Committee welcomes the Government’s commitment in the tripartite agreement to work on the possibility of ratifying the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and requests the Government to keep it informed of the steps taken in this regard.

Z. Appendix

• Tripartite Agreement concerning the issues raised in the framework of the Complaint concerning the non-observance by Bahrain of the Discrimination (Employment and Occupation) Convention, 1958 (No.lll), made by delegates to the 100th Session (2011) of the International Labour Conference under article 26 of the ILO Constitution

• It will be recalled that at the 100lh Session ( June 2011) of the International Labour Conference, a Complaint was filed by a number of Workers' delegates at the Conference against the Government of Bahrain concerning the non-observance by Bahrain of the Discrimination (Employment and Occupation) Convention, 1958 (No.lll), under article 26 of the ILO Constitution (The Complaint). The Complaint alleges that following the events of February 2011 in Bahrain, suspensions and various forms of sanctions, including dismissals, were imposed on over 2,000 workers from both the public and the private sectors, including trade unionists, union members and leaders, as a result of peaceful demonstrations demanding economic and social changes and expressing support for on-going democratization and reform. The Complaint alleges that these dismissals took place on grounds such as workers' opinions, belief and trade union affiliation.
• The ILO Governing Body at its 312th Session in November 2011 approved the proposal of its Officers which took note of the proposal of the Government of Bahrain to:
• " (a) establish a tripartite committee comprised of one member nominated by the Government, one member nominated by the General Federation of Bahrain Trade Unions and one member nominated by the Bahrain employers; (b) ensure that the tripartite committee has access to all relevant documents and meets weekly to address, with the assistance of independent legal advice (ILO) if requested by the Government or the workers' or employers' representatives, the issue of dismissals and reinstatements referred to in the complaint and provide minutes of its meetings to the International Labour Office; (c) provide two written progress reports to the Director-General, one in January and the second in February 2012, which would include the current individual employment status of each worker who has been alleged to have been inappropriately dismissed during the relevant period. Where appropriate, any additional information would be provided before the beginning of the March 2012 Governing Body session."
• The Governing Body, on the basis of the proposal of its Officers, invited the Director-General to provide any requested legal assistance or support to the Government of Bahrain or the workers' or employers' representatives in this process, and to report on the situation to the Governing Body at its next session in March 2012.
• In view of the above decision of the Governing Body and in response to a request received by the GFBTU, the ILO Director General decided to send a Mission to Bahrain. The Mission, headed by Ms. Cleopatra Doumbia-Henry, Director of the International Labour Standards (Note 1), visited the country from the 29 February to 11 March. The Government of Bahrain, the General Confederation of Bahrain Trade Unions (GFBTU) and the Bahrain Chamber of Commerce and Industry (BCCI) provided the Mission with their full support and made available to it all the information requested.
• The Mission also met with the Deputy Prime Minister, His Highness Mohammed Bin Mubarak Al-Kalifa, Deputy Prime Minister His Excellency Khaled Bin Abdallah Al Khalifa, the Minister of Labour, His Excellency Jameel Humaidan and the Minister of Human Rights and Social Development, Her Excellency Dr. Fatima Al Balooshi, Minister of Health, His Excellency Sadek El Shahabi, the Chair of the Civil Service Bureau, Mr. Ahmed Al Zayed and the Chairman of the National Follow-up Committee for the implementation of the Recommendations of the Bahrain Independent Commission of Inquiry (BICI) Report, Mr. Ali Saleh el Saleh, who is also the Head of the Shura Council.
• The Government of Bahrain, the GBFTU and the BCCI (The Parties) wish to confirm that they have made significant efforts to resolve all of the issues raised in the framework of the above- mentioned Complaint which the ILO Mission was able to witness. The Parties also confirm their commitment to fully implement the relevant recommendations contained in the BICI which was headed by Professor Bassiouni.
• Taking into account the progress made to date, we have agreed on the following:
• As a consequence of the events of February-March 2011, over 2,200 workers were dismissed from the public-private companies and the purely private companies. In the public-private companies, 1, 520 workers were dismissed while over 697 workers from the purely private companies have been dismissed.
• According to the Government, 180 civil servants were dismissed, and 1,631 were suspended for a period not exceeding ten days without pay. The implementation of these suspensions is continuing. In addition, 219 were suspended with half pay and were subject to criminal referrals. Out of the 219 suspended civil servants who were subject to criminal referrals, cases have been closed in respect of 155 civil servants with 64 civil servants remaining suspended with half pay pending resolution of their criminal cases. A further 20 medical professionals have been convicted and are currently suspended without pay awaiting the outcome of their appeal. On March 10, an announcement by the Attorney General that 15 out of the 20 medical professionals would have the criminal charges dropped and their cases would be referred instead to the Medical Disciplinary Board. The lifting of the criminal charges will result in the reinstatement of the 15 medical professionals with back pay.
• For the GFBTU, 246 civil servants were dismissed, while 415 were suspended.
• According to the Government, the total number of workers affected on the basis of the above data is over 4, 200. This number does not take into account of the numbers that were dismissed in other Governmental institutions which do not fall under the umbrella of the Civil Service Bureau. According to the GFBTU, 65 workers in Governmental institutions not covered by the Civil Service Bureau were suspended and 145 were dismissed.
• At the date of signature of this Agreement, according to the Government out of the 2,050 civil servants who were the subject of a disciplinary process or penalty, including dismissal, all have been reinstated except for 64 who remain under a criminal referral and one who had a criminal conviction. According to the GFBTU 168 of the 246 civil servants who were dismissed have been reinstated with 78 still suspended; and in the non-civil service governmental sector 54 of the 65 suspended workers have been reinstated and 96 out of the 145 dismissed workers have been reinstated.
• Concerning the public-private companies, out of 1,520 workers who had been dismissed, all have been reinstated or are in the process of reinstatement. The Government has committed to the reinstatement of all the workers concerned.
• Concerning the purely private sector, according to the Government, out of over 697 cases of dismissals reviewed, 141 have been reinstated and 301 have been re-employed in other enterprises. According to the GFBTU, out of 734 workers dismissed, 193 have been reinstated and the Government has submitted a list of 176 workers who have been re-employed and should be verified by the GFBTU. The Government and the BCCI have undertaken to take all necessary action to find alternative employment for the remaining workers who seek placements.
• The Parties agree to continue their efforts to ensure the full reinstatement in both public and private sectors of all the remaining workers to the maximum extent possible no later than 30 May. Where reinstatement is not possible, adequate compensation should be paid as well as social insurance benefits. The Parties note that majority of workers who have not yet been reinstated were working in small enterprises. The Government has committed to continue to work with the GBFTU and the BCCI for the placement of any of the remaining workers seeking new employment.
• Sixty four civil servants remain under criminal referral. The Government undertakes to review the cases in respect of these referrals to ensure that the charges meet national and international standards and to reinstate with full pay and allowances those found not to meet this requirement. The Government also undertakes to ensure that all reinstated civil servants are able to reintegrate the posts occupied by them prior to their dismissal or suspension. Where this is not possible, these workers should be provided with a position of equivalent grade, pay and benefits, including transportation allowance where applicable as well as the possibility to be re-assigned to their former job as soon as it becomes available. The Government also undertakes to remove all documents linked to the events that have been included in the personnel files of the civil servants concerned. The GFBTU calls on the Government to cease all scheduled suspensions and salary reductions of civil servants. The Government undertakes that there will be no additional suspensions of civil servants related to the events beyond those scheduled.
• All public-private companies and major companies concerned where dismissals occurred undertake to reinstate all dismissed workers and will submit a plan no later than 20 March for the reintegration of the workers which should be completed by the companies no later than 1 April. All companies have committed to work towards the smooth re-integration of dismissed workers back into their jobs and to remove from their files all documents linked to the events in question. All Parties commit to the withdrawal of all pending court cases in the interest of social peace and the favoring of improved workplace relations.
• Concerning workers in the public-private companies who have not yet been reinstated at the date of this Agreement, the Government commits to ensure that the number of non-reinstated workers is reduced to the minimum. Any pending cases of non-reinstatement will then be submitted to an appropriate tripartite mechanism for review. The Government commits to ensuring that following such a review, any remaining non-reinstated workers will be provided with alternative employment taking into account their previous employment status.
• The Government of Bahrain, the GFBTU and the BCCI undertake to work together to ensure the smooth reintegration of the workers into their workplaces and a return to social peace. In this regard, the Government also commits to work on the possibility of ratifying the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).
• The national tripartite committee that was put in place to follow-up on the November 2011 decision of the Governing Body should continue its work to ensure the full reinstatement of workers.
• ILO technical assistance
• The Parties welcome the ILO commitment to provide the tripartite partners and the enterprises concerned with the necessary support through capacity-building and training for a smooth reintegration of the workers and to support the improvement of workplace relations and social dialogue as well as training on international labour standards. Training and capacity building on international labour standards will also be extended to the Governmental agencies concerned as well as to the Judiciary and the Parliament. This assistance will include potential further legal reforms and the enhancement of institutional capacity to ensure the effective implementation of Convention No. 111. The ILO should also continue to provide assistance to address the remaining issues and to ensure the effective implementation of this Agreement.
• Done in Manama, this 11th day of March 2012
• His Excellency Jameel Humaidan, Minister of Labour
• Mr Salman Almahfoudh, President of the General Bahrain Federation of Trade Unions
• Mr Othman Sharif, Vice-President of the Bahrain Chamber of Commcerce and Industry
• Ms Cleopatra Doumbia-Henry, ILO

• (Note 1: Other members of the Mission were Ms. Karen Curtis, Deputy Director; Ms. Shauna Olney, Coordinator, Equality Conventions; Mr. Walid Hamdan, Senior Workers' Specialist; Mr. Gary Rynhart, Senior Employers' Specialist.