Interim Report - Report No 371, March 2014

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

Allegations: The complainants allege serious violations of freedom of association, including massive dismissals of members and leaders of the 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’s internal affairs

1. 171. The Committee last examined this case at its March 2013 meeting, when it presented an interim report to the Governing Body [see 367th Report, paras 181–212, approved by the Governing Body at its 317th Session].
2. 172. The Government sent its observations in communications dated 16 September and 7 October 2013.
3. 173. 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. 174. At its March 2013 meeting, the Committee made the following recommendations [see 367th Report, para. 212]:
   • (a) The Committee requests the Government to continue to keep it informed of the progress made to resolve all remaining cases of dismissals following the events of February and March 2011.
   • (b) The Committee requests the Government to provide a copy of the Code of Conduct and Ethics of the Bahrain police and to provide information on the training to sensitize police officers, including as regards how many officers have been trained, the frequency of the training and the content.
   • (c) The Committee urges the Government to conduct an inquiry without delay into the specific allegations made about a media campaign in 2011 against the GFBTU, and the communication allegedly issued by the Joint Committee of Major Companies so as to clarify the facts and ensure that the results of any threats or harassment are remedied. It requests the Government to keep it informed of developments in this regard.
   • (d) The Committee expects the Government to expedite the investigations into the allegations of torture and ill-treatment of Abu Dheeb and Jalila al-Salman so as to clarify the facts and punish those responsible, should the allegations prove to be true, and urges the Government to inform it of the outcome of these investigations without delay. Regretting that the Government has provided no information on the steps taken to provide necessary medical attention to Abu Dheeb, the Committee urges it to ensure that he immediately receives any necessary medical attention and to keep it informed of the steps taken in this regard.
   • (e) The Committee urges the Government to provide detailed information on the charges brought against Abu Dheeb and Jalila al-Salman and copies of the court judgments concerning their cases. Observing that Abu Dheeb is still serving his sentence, the Committee requests the Government to ensure that he is immediately released should it be found that he has been detained for the exercise of legitimate trade union activity.
   • (f) The Committee requests the Government to take steps to amend the Trade Union Act, in full consultation with the social partners concerned, so as to clarify that general labour federations may be formed freely.
   • (g) Recalling its previous conclusions concerning the provision in the Trade Union Act, banning from trade union office, persons held responsible for violations leading to the dissolution of a trade union or its executive body, and particularly that this provision should not be susceptible to being used for convictions related to the exercise of legitimate trade union activity of peaceful demonstration, the Committee requests the Government to review this provision with the social partners concerned, with a view to its amendment, so as to ensure that workers may elect their representatives free from government interference.
   • (h) The Committee urges the Government to take concrete steps without delay, in full consultation with the social partners concerned, with a view to amending the Trade Union Act and the Prime Minister’s Decision No. 62 of 2006 in line with its recommendations in Cases Nos 2433 and 2522. The Committee further requests the Government to indicate the manner in which the freedom of association rights of domestic workers are ensured. Recalling the emphasis placed on the freedom of association of domestic workers in the Domestic Workers Convention, 2011 (No. 189), the Committee invites the Government to consider the possibility of ratifying this Convention.
   • (i) The Committee requests the Government to continue to keep it informed of any developments in its consideration of the ratification of Conventions Nos 87 and 98 and invites the Government to avail itself of ILO technical assistance to support training and capacity building of the relevant partners for the promotion of the principles embodied in these Conventions.
   • (j) Noting with deep concern the new allegations of violations of freedom of association, the Committee requests the Government to provide its observations thereon without delay.
2. 175. The additional allegations provided by the ITUC and the GFBTU, in the communication dated 14 February 2013, just prior to the previous examination of the case, concerned:
   • – the failure on the part of the Government to implement the tripartite agreement of 2012, the Committee on Freedom of Association recommendations and the recommendations made in the Bahrain Independent Commission of Inquiry (BICI) report;
   • – the imprisonment, without a fair trial, of Mehdi Abu Dheeb, President of the Bahrain Teachers’ Association (BTA) and his mistreatment in detention;
   • – further restrictions introduced to limit freedom of assembly and expression, in the regulations on rallies and demonstrations;
   • – labour law amendments facilitating arbitrary dismissal (section 111 of Labour Law No. 36 of 2012);
   • – financial and political backing for an alternative, government-backed, sectarian-based rival federation, the Bahrain Labour Union Free Federation (BLUFF);
   • – the preparation of legislation to criminalize strikes and legalize retaliation measures against strikers;
   • – measures taken to replace the GFBTU with the BLUFF in tripartite committees;
   • – a defamation campaign against the GFBTU, spearheaded by the BLUFF leadership with the participation of pro-government parliament members and columnists, accusing the GFBTU of treason, defaming Bahrain’s image and abiding to a foreign agenda, including references to the ILO and the ITUC. Requests for Government action have allegedly been met with demands that the ILO complaint be withdrawn.
3. 176. The GFBTU further provided detailed allegations concerning anti-union acts by a number of enterprises:
   • – Aluminium Bahrain (ALBA): punitive measures taken by the management with respect to workers who were establishing an alternative union to the BLUFF, resulting in the dismissal of Hussain Ali Al-Radi, Vice-President of the founding committee, Abdel Menhem Ahmad Ali, Secretary, and Nader Mansour Yaakoub, founding committee member. The Ministry of Labour has refused to respond to the grievances they have made. Following the first founding Congress, the union’s Secretary-General, Yousif al Jamri, was demoted and punitive measures were taken against executive board members Abdallah Chaaban and Mohamad Achour. Membership dues continue to be transferred to the management-backed union, despite the withdrawal of 500 workers, and the management refuses to recognize and meet the trade union leaders of the newly formed union.
   • – Bahrain Airport Services (BAS): the company refuses to restore the check-off system for union dues, forcibly shutting the union office, unilaterally taking over the management of the savings fund, refusing to respond to GFBTU calls for dialogue and negotiation, while meeting regularly with the BLUFF-affiliated union. Yousuf Alkhaja, President of the BAS trade union, has still not been reinstated. Moreover, Governing Body member Abdullah Hussein’s airport access permit has not been renewed due to his trade union work.
   • – Arab Shipbuilding and Repair Yard (ASRY): the trade union’s representation on joint committees has been cancelled, while management supports the establishment of a rival union affiliated to the BLUFF. Migrant workers have been pressured to withdraw from the GFBTU-affiliated union and affiliate with the BLUFF union.
   • – Aluminium Rolling Mill: the unilateral cancellation of facilities provided to the Aluminium Rolling Mill Workers’ trade union for a full-time president; management has provided support for the creation of a rival union; intimidation and pressure placed on migrant workers to withdraw from the GFBTU-affiliated union and affiliate to the rival management-supported union; favouritism towards the rival union by according free time to its president; the unilateral ending of the collective bargaining process; and the unilateral reduction of privileges obtained through collective agreements.
   • – Bahrain Telecommunications Company (BATELCO): the absence of dialogue on the part of the management with respect to mass dismissals; the freezing of the joint union–management committee under the pretext of confusion due to the recent trade union plurality; the unilateral withdrawal of trade union privileges; and the placing of all three unions at the workplace on an equal footing, despite the representativeness of the GFBTU.
   • – Bahrain Petroleum Company (BAPCO): the management has unilaterally put in place an alternative negotiation mechanism replacing a decade-old agreed mechanism; three trade union board members remain suspended; the trade union office at Jabal Camp has been demolished; all trade union offices have been locked up by management; documents have been confiscated from the Awali office; management issued a circular calling on workers to withdraw their membership from the GFBTU-affiliated union; and all facilities previously granted to the union have been cancelled by management.
   • – Gulf Air: the management dismissed Hussein Mehdi, the GFBTU-affiliated union board member, under the pretext that he was divulging work secrets. Management sent an email asking workers if they wanted to remain members of the GFBTU-affiliated union.
   • – Yokogawa Middle East: management refuses to hold negotiation meetings with the trade union and refuses to delegate its representatives to attend a meeting with the Ministry of Labour to resolve these issues. The President of the union has been transferred and harassed in reprisal for his trade union work and he has not been granted full-time trade union status to enable him to carry out his representative functions.
   • – Bahrain Aviation Fuelling Company (BAFCO): the re-dismissal of the trade union president, Abdul Khaleq Abdul Hussain, in January 2013, after having transferred him to a job without any specific tasks. All his attempts to rectify the situation were ignored.
   • – The continued refusal to reinstate: former board member of the Banks trade union, Ayman Al Ghadban; the President of the trade union at KANOO cars, Hassan Abdul Karim; and board members of Sphynx trade union for cleaning.
4. 177. Finally, the GFBTU alleges that government-controlled newspapers have been propagating hostility against the ILO and that the Government had banned certain ILO officials from entering the country.

B. The Government’s reply

1. 178. In its communication dated 16 September 2013, the Government recalls the steps it has taken to implement the tripartite agreement of March 2012, adding that, since February 2013, a small number of additional cases (12) have been resolved. According to the Government, the remaining unresolved cases (49 of 4,624) are either pending in court and/or pending the decision of a worker to accept the re-employment or other resolution offered.
2. 179. In reply to the Committee’s recommendations, the Government transmitted the Code of Conduct and Ethics of the Bahrain police, adopted by Ministerial Resolution No. 12 of 30 January 2012. In addition, the Government provides information on the steps taken to implement the recommendation in the BICI report with regard to the establishment of a police ombudsman to investigate allegations of police misconduct and concerning the follow-up given to police training, including training new recruits in human rights and other courses on international human rights law were given to commissioned and non-commissioned officers. The Government estimates that additional human rights training will be provided to another 400 officers and 1,800 personnel. Supervision of the jails and detention centres is carried out by the courts and Public Prosecution, while independent monitoring is undertaken by the International Committee of the Red Cross (ICRS) under a Memorandum of Understanding signed on 8 December 2011. Additionally, the new Police Ombudsman is in the process of establishing a separate directorate to make announced and unannounced visits.
3. 180. As regards the allegation of a media campaign against the GFBTU, the Government indicates that it has seriously reviewed this allegation but points out that no evidence indicative of such a campaign has been provided. The Government states that it permits freedom of the press, and news outlets routinely publish unflattering stories and offensive allegations against many Bahrainis. At the same time, there have also been media stories supportive of the GFBTU. The Government concludes that no further action can be taken on this matter absent some evidence provided to demonstrate such a targeted media campaign. As regards the 12 June 2011 communication by the Joint Committee of Major Companies proposing possible legal action against the GFBTU, the Government reiterates that it did not support such action, which in the end was not taken.
4. 181. The Government also refers to the setting up of the Special Investigation Union (SIU) by Decision No. 8 of the Attorney General on 27 February 2012, which has the responsibility of determining the criminal liability of government officials. The SIU has initially prioritized 46 cases of death referred to it, 12 cases of which led to criminal referrals and the prosecution of members of the security forces, and a number of convictions and prison sentences. The SIU is also handling more than 100 torture or mistreatment case allegations, including those related to Abu Dheeb and Jalila al-Salman which were filed in March and April 2012. According to the Government, the judicial police investigators are continuing to establish whether the necessary corroborating evidence and witnesses for a potential criminal referral exist.
5. 182. The Government further provides the list of charges brought against Abu Dheeb and Jalila al-Salman, ranging from exploiting their offices in the BTA to commit criminal acts and incitement of illegal strikes intended to paralyze the educational system, to threats against the Minister of Education and promoting the overthrow of the State. Their appeals are pending with the Court of Cassation.
6. 183. As regards the Committee’s request for steps to be taken to amend the Trade Union Act, in full consultation with the social partners concerned, so as to clarify that general labour federations may be formed freely, the Government recognizes the concern raised by the amendment and has taken steps to modify it in consultation with the two federations in Bahrain. The Government expects the change to be implemented in law shortly. As regards the concerns raised about the provision enabling disqualification from trade union office of officials who had criminal convictions, the Government supports the Committee’s view that this should not be subject to abuse with a view to restricting the exercise of legitimate trade union activity and remains in ongoing consultation with both federations to ensure the appropriate implementation. As regards the recommendations made by the Committee in previous cases (Cases Nos 2433 and 2522), the Government indicates that it remains in consultation with the social partners and will continue to take the recommendations of the Committee into account. As regards domestic workers, the Government indicates that their freedom of association is protected under article 19 of the Bahrain Constitution. The Government appreciates the invitation to consider ratification of the Domestic Workers Convention, 2011 (No. 189).
7. 184. As regards the new allegations, the Government states that only general allegations have been made without any detail. Moreover, the Government categorically refutes the existence of any government policy against the GFBTU or the favouring of another union and in this regard recalls that it has been involved in dialogue and negotiations with the GFBTU over an extended period on the possibility of building upon the 11 March 2012 tripartite agreement.
8. 185. In conclusion, the Government states that it is one of the leading countries in the Arab region regarding implementation of international labour standards. In this regard, the Government states that it is keen to take every necessary step towards ratifying ILO Conventions Nos 87 and 98 in cooperation with the concerned parties and as per the Constitution and national laws.

C. The Committee’s conclusions

1. 186. The Committee recalls that this case concerns grave allegations of widespread arrest, torture, dismissals, intimidation and harassment of trade union members and leaders following a general strike action in March 2011 in defence of workers’ socio-economic interests. The complainant further alleged acts of interference in the GFBTU’s internal affairs through, inter alia, the amendment of the trade union legislation.
2. 187. As regards recommendation (a), the Committee notes the Government’s indication that the remaining unresolved cases are either pending in court and/or pending the decision of a worker to accept the re-employment or other resolution offered. The Committee, noting the signing in March 2014 of a Supplementary Tripartite Agreement, requests the Government to continue to keep it informed of the progress made to resolve the remaining cases in accordance with this agreement and the tripartite agreement of March 2012.
3. 188. As regards recommendation (b), the Committee notes the copy of the Code of Conduct and Ethics of the Bahrain police, adopted by Ministerial Resolution No. 12 of 30 January 2012, provided by the Government, as well as the detailed information on human rights training of the police.
4. 189. As regards recommendation (c) concerning allegations of a media campaign against the GFBTU, the Committee notes the Government’s indication that it has seriously reviewed this allegation but finds no evidence indicative of such a campaign. The Government states that it permits freedom of the press, and news outlets routinely publish unflattering stories and offensive allegations against many Bahrainis. At the same time, there have also been media stories supportive of the GFBTU. The Government concludes that no further action can be taken on this matter absent some evidence provided to demonstrate such a targeted media campaign. As regards the 12 June 2011 communication by the Joint Committee of Major Companies, proposing possible legal action against the GFBTU, the Government reiterates that it did not support such action, which in the end was not taken. The Committee observes, nevertheless, that the GFBTU has referred to a defamation campaign which has accused them of treason, defaming Bahrain’s image and abiding to a foreign agenda, including references to the ILO and the ITUC. The Committee once again requests the Government to review this matter with the GFBTU so as to enable it to conduct an independent inquiry to ensure that Government authorities are not linked to these statements and to issue a high-level public statement to clarify that trade union leaders and members should not be harassed or intimidated for carrying out legitimate trade union activity domestically or globally. It requests the Government to keep it informed of developments in this regard.
5. 190. The Committee notes the Government’s indication that the judicial police are still investigating the specific allegations of torture and ill-treatment of Jalila Al-Salman and Abu Dheeb while in detention. The Committee once again deeply regrets that there is still no detailed information on the results of these investigations and expects that the Government will expedite these investigations without delay. The Committee further notes the information provided by the Government on the charges brought against them, but would once again request copies of the court judgments in their cases. Observing that their appeals are still pending before the Court of Cassation, the Committee urges the Government also to provide copies of these judgments once they have been rendered and to ensure that Abu Dheeb is immediately released should it be found that he has been detained for the exercise of legitimate trade union activity.
6. 191. As regards the allegations concerning various amendments to the Trade Union Act and the Prime Minister’s Decision No. 62 of 2006, the Committee notes the Government’s statement that it is reviewing these provisions with the two federations in Bahrain and that it will take into account the conclusions and recommendations of the Committee in this regard. The Committee expects that the resulting amendments will bring Bahraini law and practice into conformity with Conventions Nos 87 and 98, thus facilitating the Government’s ratification of these fundamental Conventions, and reminds it that ILO technical assistance is available in this regard. The Committee requests the Government to keep it informed of the progress made.
7. 192. The Committee also notes the Government’s indication that the freedom of association rights of domestic workers are ensured through the Constitution and expects that the Government will take steps without delay for specific legislative provisions to ensure effective implementation of these rights.
8. 193. Finally, the Committee notes the series of allegations of anti-union discrimination and interference by the employer in trade union affairs in the following companies: ALBA, BAS, ASRY, Aluminium Rolling Mill, BATELCO, BAPCO, BAFCO, Gulf Air, Yokogawa Middle East, KANOO cars and Sphynx cleaning. The Committee regrets that the Government has not provided any detailed information in reply to the specific allegations raised by the GFBTU in its communication dated 14 February 2012 and requests it to conduct inquiries in this regard without delay and provide information on their outcome. The Committee further invites the Government to solicit information from the employers’ organization concerned on these allegations so that its views, as well as those of the enterprises concerned, may be made available to the Committee.

The Committee’s recommendations

1. 194. In light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to continue to keep it informed of the progress made to resolve the remaining cases of dismissal following the 2011 demonstrations, in accordance with the March 2012 Tripartite Agreement and March 2014 Supplementary Tripartite Agreement.
   • (b) The Committee requests the Government to review with the GFBTU its allegations relating to a defamation campaign against it, so as to enable the Government to conduct an independent inquiry to ensure that Government authorities are not linked to these statements, and to issue a high-level public statement to clarify that trade union leaders and members should not be harassed or intimidated for carrying out legitimate trade union activity domestically or globally. It requests the Government to keep it informed of developments in this regard.
   • (c) Deeply regretting, once again, that there is still no detailed information on the results of the investigations into the allegations of torture and mistreatment of Abu Dheeb and Jalila al-Salman while in detention, the Committee requests the Government to expedite these investigations without delay and to provide copies of the court judgments convicting them. Observing that their appeals are still pending before the Court of Cassation, the Committee urges the Government also to provide copies of these judgments once they have been rendered, and to ensure that Abu Dheeb is immediately released should it be found that he has been detained for the exercise of legitimate trade union activity.
   • (d) The Committee expects that the amendments to the Trade Union Act and the Prime Minister’s Decision No. 62 of 2006 will be made in the very near future and that they will bring Bahraini law and practice into conformity with Conventions Nos 87 and 98, thus facilitating the Government’s ratification of these fundamental Conventions. The Committee reminds the Government that ILO technical assistance is available in this regard and requests the Government to keep it informed of the progress made. The Committee also expects that the Government will take steps without delay for specific legislative provisions to ensure effective implementation of the freedom of association rights of domestic workers.
   • (e) Finally, the Committee requests the Government to conduct inquiries without delay into the series of allegations raised by the GFBTU, in its communication dated 14 February 2012, of anti-union discrimination and interference by the employer in trade union affairs in the following companies: ALBA, BAS, ASRY, Aluminium Rolling Mill, BATELCO, BAPCO, BAFCO, Gulf Air, Yokogawa Middle East, KANOO cars and Sphynx cleaning. It further requests the Government to provide information on the outcome of these inquiries. The Committee invites the Government to solicit information from the employers’ organization concerned on these allegations so that its views, as well as those of the enterprises concerned, may be made available to the Committee.