Effect given to the recommendations of the committee and the Governing Body - Report No 383, October 2017

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

1. 17. The Committee last examined this case, in which the complainants alleged serious violations of freedom of association, including massive dismissals of trade union leaders and members following their participation in a strike, threats to the personal safety of trade union leaders, arrests, harassment, prosecution and intimidation, as well as interference in trade union affairs, at its October 2016 meeting [see 380th Report, paras 87–98, approved by the Governing Body at its 328th Session]. On that occasion, the Committee made the following recommendations [see 380th Report, para. 98]:
   • (a) The Committee urges the Government to carry out an independent inquiry without delay into the allegations concerning Abu Dheeb’s health and safety prior to his release and to provide copies of the judgments condemning Abu Dheeb and Jalila Al-Salman as well as any information relating to their appeals.
   • (b) Recalling that workers should have the right to form organizations of their own choosing regardless of their political opinions, the Committee requests the Government to inform the BTA that, should it wish to re-establish, it will be able to do so without encountering any legislative or administrative obstacles.
   • (c) Bearing in mind the Government’s commitment in the 2012 tripartite agreement to work on the possibility of ratifying Conventions Nos 87 and 98, the Committee expects consultations to be held with relevant parties without delay on this and on bringing the Trade Union Act into conformity with freedom of association principles, taking into account the Committee’s previous comments. The Committee draws the Government’s attention to the importance of respecting its previous commitments and once again reminds the Government that it can avail itself of ILO technical assistance. The Committee requests the Government to keep it informed of any developments in this regard.
   • (d) The Committee requests the Government to provide detailed information on the outcome of the investigations into, and to solicit information from the employers’ organization concerned on the precise allegations of anti-union discrimination and interference by the employer in trade union affairs in the following companies: ALBA, BAS, ASRY, GARMCO, BATELCO, BAPCO, BAFCO, Gulf Air, Yokogawa Middle East, KANOO cars and Sphynx cleaning. The Committee further invites the complainant to provide any additional information at its disposal in relation to its complaints of anti-union discrimination in these companies.
2. 18. In its communication dated 14 February 2017, the Government indicates that the Special Investigation Unit – an independent and neutral authority established by the Ministry of the Interior pursuant to high-level directives issued by His Majesty, the King of Bahrain – conducted an investigation into the health and safety of Mahdi Abu Dheeb during his detention. The investigation unit reviewed all necessary records and documents, heard statements of the parties concerned and concluded that there was lack of evidence for any of the facts alleged by Abu Dheeb. The Government states, however, that Abu Dheeb has the right to appeal this decision and submit new evidence and documents to the judicial authority, in line with article 20 of the Constitution and the applicable laws. It also informs that in addition to the Special Investigation Unit, other national institutions are engaged in the protection of prisoners’ rights, such as the National Institution for Human Rights, the Prisoners and Detainees Rights Commission and the General Secretariat for Grievances, and that both Abu Dheeb and Jalila Al-Salman can bring their allegations to any of these institutions or to the court.
3. 19. In relation to their detention, the Government also indicates that Abu Dheeb and Jalila Al Salman both came before the courts, obtained a fair trial with the right to a defence and came before the High Criminal Court of Appeal in open session, which reduced their sentence of imprisonment from ten to five years for Abu Dheeb and from three years to six months for Jalila Al-Salman. Reaffirming that the judiciary is an independent authority pursuant to article 104 of the Constitution, the Government adds that the release of Abu Dheeb after the expiry of his sentence forms part of this case and that both trade union leaders served the sentence handed down to them and are entitled to lodge an appeal with the Court of Cassation or submit a request for rehabilitation as established under the national legislation, but have not yet done so.
4. 20. The Government further states, in relation to the dissolved Bahraini Teachers’ Association (BTA), that the authorities concerned informed the BTA’s governing body that it could be re-established in accordance with the Civil Associations and Social and Cultural Clubs, Private Youth and Sports Organizations and Private Institutions Act (Act No. 21 of 1989), as amended, but that no application to this effect has been received so far.
5. 21. Concerning 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 Government informs that a number of consultations were held with the competent government authorities at which the extent of the conformity of the local legislation with the provisions of the Conventions and the possibility of fulfilling all of their requirements were considered. The Government also endeavours to bring negotiations with the social partners, conducted through bilateral meetings with employers’ and workers’ organizations, to a conclusion and hold tripartite meetings in the near future.
6. 22. With regard to the requested amendments of the Trade Union Act (TUA), the Government reiterates that it is a progressive law guaranteeing a number of benefits and rights for workers and regulating trade union activities in line with international labour standards, and that the introduction of amendments to national legislation entails a series of constitutional measures – amendments must be submitted to the National Assembly (the Council of Representatives and the Consultative Council) and approved before being promulgated. The Government also affirms that the vital sectors in which strikes are prohibited are set out in the Prime Minister’s Decision No. 62 of 2006, which pays due regard to the international labour standards applicable in comparable laws and the guidelines of the Committee, which give member States the right to determine vital installations where stoppage of work could lead to the disruption of daily life. In line with this principle, section 21 of the TUA, promulgated by Legislative Decree No. 33 of 2002, as amended by Act No. 49 of 2006, added further services, including educational institutions and oil and gas installations to the list of essential services on grounds of public interest. The Government adds that resort to conciliation and arbitration for the resolution of collective disputes between workers and employers in these services is compulsory, which reduces resort to strikes and is consistent with international labour standards and comparable laws on this matter. It also states that while the identification of the vital installations in which strikes are prohibited is left to the decision of the Prime Minister, this ensures that the list can be amended if one of the installations ceases to be considered as vital.
7. 23. Finally, with regard to the allegations of anti-union discrimination and interference by the employer in trade union affairs in a number of enterprises (ALBA (enterprise A), BAS (enterprise B), ASRY (enterprise C), GARMCO (enterprise D), BATELCO (enterprise E), BAPCO (enterprise F), BAFCO (enterprise G), Gulf Air (enterprise H), Yokogawa Middle East (enterprise I), KANOO cars (enterprise J) and Sphynx cleaning (enterprise K)), the Government indicates that: (i) the relevant agencies in the Ministry of Labour and Social Affairs had been in contact with trade union representatives and leaders from enterprises (B), (C), (D), (E), (G), (H) and (I), who notified in official reports that there were at present no obstacles with company management, they were conducting their activities normally and held periodic meetings with the management; (ii) the Ministry continues to investigate the situation of trade unions in enterprises (A) and (F); (iii) the absence of trade union representatives at enterprise (K) is due to the fact that the company's business has decreased and the relationship between union representatives and the company has ended; and (iv) there appears to be no trade union at enterprise (J). The Government concludes by saying that it strives to continually reconcile trade unions and management, to maintain positive relations between the two parties with a view to ensuring continuation of work in the concerned companies and to maximize social dialogue.
8. 24. The Committee takes due note of the information submitted by the Government and observes in particular that the governing body of the dissolved Bahraini Teachers’ Association (BTA) was informed that it could be re-established under the same legislation as previously, but no application to this effect has been received so far, and that an investigation conducted into the allegations concerning BTA President Abu Dheeb’s health and safety prior to his release did not find any evidence of the alleged mistreatment. The Committee trusts in this regard that, should Abu Dheeb wish to do so, he can freely and without any obstacles challenge this decision in a court of law or resort to one of the institutions for the protection of prisoners’ rights enumerated by the Government.
9. 25. While further noting that, according to the Government, Abu Dheeb and Jalila Al-Salman, obtained a fair trial, served their respective sentences and did not appeal to the Court of Cassation, the Committee regrets that the Government has still not provided the Committee with copies of the judgments condemning the trade unionists, despite having been requested to do so on a number of occasions. Recalling in this regard that the detention of trade unionists on the grounds of trade union activities constitutes a serious obstacle to the exercise of trade union rights and an infringement of freedom of association [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 66], the Committee once again requests the Government to provide copies of the judgments handed down in the cases of Abu Dheeb and Jalila Al-Salman, as well as any information on their appeals to the Court of Cassation or their requests for rehabilitation. The Committee expects that Abu Dheeb and Jalila Al-Salman can, at present, freely exercise their trade union rights in conformity with freedom of association principles.
10. 26. Welcoming the Government’s indication that a number of consultations with the competent government authorities were held with regard to the possibility of ratifying Conventions Nos 87 and 98 and that further tripartite meetings with the social partners are envisaged, the Committee trusts that, in line with its commitment in the 2012 tripartite agreement to work on the possibility of ratifying these Conventions, the Government will be able to report progress in this respect in the near future.
11. 27. However, the Committee notes with regret that, despite its repeated requests – in this case, as well as in cases Nos 2433 and 2552 – to amend the Trade Union Act (TUA) and the Prime Minister’s Decision No. 62 of 2006 in order to bring them into conformity with freedom of association principles, the Government simply reiterates information provided previously concerning the determination of essential services and the difficulties in amending national legislation, without reporting any progress or indicating the steps taken or envisaged towards a legislative amendment. In these circumstances, recalling that it has been highlighting the need for legislative reform for a number of years, the Committee requests the Government once again to hold consultations with the social partners concerned without delay in order to bring the Trade Union Act into conformity with freedom of association principles, fully taking into account the Committee’s previous comments. The Committee requests the Government to keep it informed of any developments in this regard and reminds it once again that it can avail itself of ILO technical assistance, if it so wishes.
12. 28. In relation to the allegations of anti-union discrimination and interference in trade union affairs, the Committee notes the Government’s indication that while the majority of the trade unions report no issues in conducting trade union activities, some enterprises are still undergoing investigation and a few are said not to have trade unions. Bearing in mind the Government’s commitment to reconcile trade unions and management and to maintain positive relations between them, as well as the lack of new information from the complainant in this regard, the Committee requests the Government to provide an update as to the situation of trade unions in the enterprises where investigation is ongoing and trusts that any remaining issues will be properly addressed without further delay. The Committee also trusts that workers in the concerned enterprises can freely exercise their right to organize and that increased social dialogue among the social partners will significantly contribute to preventing anti-union discrimination and interference in trade union affairs in the future.