Informe definitivo - Informe núm. 230, Noviembre 1983

Caso núm. 1043 (Bahrein) - Fecha de presentación de la queja:: 01-JUN-81 - Cerrado

1. 35. This case has been examined on two previous occasions, the most recent being at the Committee's November 1982 meeting when it presented an interim report to the Governing Body. Subsequently the Bahrain Workers' Union sent additional information in relation to its complaint in a communication dated 29 December 1982; the Government sent its observations in communications dated 12 September and 10 October 1983.
2. 36. 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. 37. The allegation still pending after the Committee's most recent examination of this case relates to the death of the trade unionist Jameel Ali as a result of the ill-treatment to which he was said to have been subjected while in prison on charges of organising trade union activities.

B. Further developments

1. 38. In a communication dated 29 December 1982, the Bahrain Workers' Union again alleges government interference in the functioning of the joint committees set up in each workplace, in particular by the imposition of unfair conditions for eligibility on workers' candidates in joint committee elections, and by the withdrawal of these elections in one workplace and the consequent appointment of non-worker elements. The complainant encloses a copy of an undated memorandum presented to the Minister of Labour and Social Affairs by the workers in this particular workplace in which they complain that the employer forced the two legitimate workers' candidates to stand down thus leaving the third candidate to win the uncontested election. Despite the Minister's negative response to this request for re-opening the election, the complainant maintains that the fate of the joint committees, in general, is in the hands of the workers and is subject to their collective decisions. The Bahrain Worker's Union also encloses a copy of the Regulations of the Joint Committees (made under Ministerial Order No. 9 of 1981) according to which "if the number of candidates in any one constituency is only one, the candidate concerned shall be pronounced elected".
2. 39. In its communication of 12 September 1983, the Government states that the alleged imposition of unfair conditions for election as workers' representative to the joint committee is not substantiated in fact, and would, in any case, have constituted a contravention of the statutory requirements set out in Ministerial Order No. 9 of 1981. In addition, as regards the alleged employer interference in the joint committee elections at one named workplace, the Government states that two of the three workers' nominees did not fulfil the requirements for candidature set out in Ministerial Order No. 9 and the Election Committee was accordingly so informed. It points out that the elections by secret ballot of workers' representatives to joint committees have now been concluded in accordance with the relevant legislation.
3. 40. In its communication of 10 October 1983, the Government denies the allegation that Mr. Jameel Ali died from ill-treatment received while in detention. It states that he was admitted to the government hospital at Sulmaniya on 28 April 1980 for treatment of a complaint diagnosed as a diseased and defective kidney condition and that he died on 10 May 1980 from causes attributable to that complaint.

C. The Committee's conclusions

1. 41. The Committee notes the Government's denial of the death by ill-treatment in prison of a trade unionist and its explanation that he died from a kidney disease, while receiving treatment in a government hospital. In the absence of any supporting evidence from the complainant, it considers that this aspect of the case does not call for further examination.
2. 42. As regards the most recent allegations of employer interference in the election of workers' representatives to joint committees, the Committee notes that, according to the Government, no such interference took place and that elections of workers' representatives to the various joint committees have taken place in accordance with the legislation in force. In view of the lack of supporting evidence and the complainant's own assertion that such workings of the joint committees are, in any event, subject to collective decisions, the Committee considers that this aspect of the case does not call for further examination.

The Committee's recommendations

1. 43. In these circumstances, the Committee recommends the Governing Body to approve this report and in particular the following conclusions:
   • (a) The Committee notes the Government's explanation that a trade unionist died from a kidney disease while receiving treatment for this in a government hospital. In the absence of any supporting evidence from the complainant, it considers that this aspect of the case does not call for further examination.
   • (b) The Committee considers that the allegation of employer interference in the election of workers' representatives to joint committees does not call for further examination.