Informe provisional - Informe núm. 374, Marzo 2015

1. 70. The Committee last examined this case at its March 2014 meeting, when it presented an interim report to the Governing Body [see 371st Report, paras 171–194, approved by the Governing Body at its 330th Session].
2. 71. The Government sent its observations in a communication dated 27 October 2014.
3. 72. 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. 73. At its March 2014 meeting, the Committee made the following recommendations [see 371st Report, para. 194]:
   • (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.

B. The Government’s reply

1. 74. In its communication dated 27 October 2014, the Government indicates that in the light of the Kingdom of Bahrain’s success in settling 99 per cent of the cases of workers dismissed in the wake of the events of February and March 2011 and in order to consolidate cooperation between the parties and to resolve the pending matter, the Ministry of Labour, the Bahrain Chamber of Commerce and Industry (BCCI) and the GFBTU concluded, on 10 March 2014, a tripartite agreement finalizing the matter of the dismissed workers. The agreement includes the general principles for finalizing outstanding cases and strengthening tripartite cooperation between the three parties in order to close this file. In this context, the parties to the agreement sent a letter to the ILO requesting the Governing Body to decide that the complaint brought by a group of Workers’ delegates at the 100th Session of the ILC alleging non-observance of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), called for no further action on its part. The Government points out that the Governing Body welcomed the Supplementary Tripartite Agreement, 2014, reached by the parties concerned, decided that the complaint required no further action on its part and declared the matters closed. The Government cites the decision of the Governing Body, which:
   • (a) welcomed the Supplementary Tripartite Agreement, 2014, reached by the Government, the General Federation of Bahrain Trade Unions (GFBTU) and the Bahrain Chamber of Commerce and Industry (BCCI) which, together with the Tripartite Agreement, 2012, addressed all the issues contained in the complaint and provided for measures to settle all the remaining matters;
   • (b) invited the Committee of Experts on the Application of Conventions and Recommendations, in its examination of the application by the Government of Bahrain of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), to follow up on the implementation of the Tripartite Agreement, 2012, as well as the Supplementary Tripartite Agreement, 2014;
   • (c) invited the Office to provide technical assistance, if so required, by the Government of Bahrain, the GFBTU and the BCCI for the full and effective implementation of the Agreements referred to above;
   • (d) decided that the complaint called for no further action on its part; and
   • (e) declared closed the procedure under article 26 of the ILO Constitution concerning the abovementioned complaint.
2. 75. The Government indicates that the Ministry of Labour continues to collaborate with the parties with a view to settling any outstanding individual cases and to restore normal labour relations. In light of the above, the Government requests the Committee to close the issue of the dismissed workers.
3. 76. As regards the allegation of a media campaign against the GFBTU, the Government points out that in accordance with the Constitution and the legislation in force, protection of all persons on its territory is one of its primary duties. It notes that no directives were issued to restrict the freedom of union activists or prevent them from travelling. Many of them carry out their activities in complete freedom. The Government further indicates that no complaint about a media campaign against the GFBTU has been submitted to the Ministry of Labour or the judiciary by that organization and that no sanctions against it have been taken by the Government. The Government did not stop it from carrying out its duties either inside or outside of the country. To the contrary, according to the Government, the GFBTU has recently seen a marked upsurge in the activities and events it organizes, alongside the ongoing cooperation between it and a number of bodies inside and outside the country. The GFBTU’s participation in tripartite delegations to several international Arab events, of which the most recent was the 41st session of the Arab Labour Conference, as the member on behalf of the Workers’ group is an indication of the Government’s continuing collaboration with the GFBTU. The Government further refers to the report of the independent Bahraini fact-finding committee, which had reviewed a sample of the national television, radio and press coverage during the events of February and March 2011 and found no evidence of media coverage containing hate speech.
4. 77. As regards the Committee’s request for information about the case of the president and vice-president of the Bahrain Teachers Association, the Government indicates that a special investigation unit of the Public Prosecutor’s Office had begun an investigation into the allegation that Abu Dheeb was tortured in custody. The case is still under investigation by that unit, which has questioned him and requested the records of the police interrogation. Furthermore, an investigation has been opened by the Public Prosecutor into the allegations that Jalila al-Salman was subjected to torture and abuse while in detention, following a claim to that effect by her attorney. The plaintiff’s testimony has been heard and the Public Prosecutor has requested the records of the police interrogation. This case is still under investigation.
5. 78. As regards the Committee’s request for steps to be taken to amend the Trade Union Act and the Prime Minister’s Decision No. 62 of 2006, the Government indicates that the said Act is a progressive text, which contains numerous privileges and rights for workers. It considers that the regulations governing trade union activity in the Kingdom of Bahrain are consistent with the international labour standards. The Government further points out that any amendment to national legislation requires a series of constitutional measures, with the amendment needing to be proposed and adopted by the National Assembly before being promulgated. In this respect, the Government explains that the third legislative season of the National Assembly has ended and the country was preparing for the election for the fourth legislative season (November 2014). The Government will inform the Committee of any progress in this matter.
6. 79. As regards the ban on strikes in a number of vital sectors, the Government affirms that the essential services in which it is forbidden to strike are set out in the Prime Minister’s Decision No. 62 (2006), which pays due regard to the international labour standards and the principles developed by the Committee on Freedom of Association, which give member States the right to determine those essential services where the stoppage of work would disrupt daily life. This principle is enshrined in section 21 of the Trade Union Act, promulgated under Statute No. 33 (2002), as amended by Act No. 49 (2006), which added further services, including educational institutions and oil and gas enterprises on the list of essential services on grounds of public interest. According to the Government, while the list of essential services in which strikes are forbidden is determined by the Prime Minister, if it becomes clear that one of such services is no longer vital, the list can be amended. The Government indicates that the national legislation provides for the recourse to compulsory conciliation and arbitration to resolve collective labour disputes in these services in order to help forestall resort to strike action by the employees. In the Government’s opinion, this is consistent with international labour standards.
7. 80. On the question of ratification of Conventions Nos 87 and 98, the Government indicates that it is continuing its consultation with the social partners and will inform the Committee of any progress in this regard.
8. 81. The Government further states that the situation of trade union rights in a number of private-sector companies referred to in the complaint (ALBA, BAS, ASRY, GARMCO, BATELCO, BAPCO, BAFCO, Gulf Air, Yokogawa Middle East, KANOO cars and Sphynx cleaning) has not been affected. All trade union organizations are still in place and carry out their activities. Their leaders and members enjoy full rights under the Trade Union Act. The Government points out that no trade union has submitted a complaint to the Ministry of Labour regarding impairment of rights or harassment. The Ministry’s relevant agencies are fully prepared to investigate and resolve such claims in accordance with the law.

C. The Committee’s conclusions

1. 82. 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. 83. As regards recommendation (a), the Committee notes the Government’s indication that it has succeeded in resolving 99 per cent of cases of dismissals occurred following March 2011 events and that the March 2014 Supplementary Tripartite Agreement is being followed up by the Committee of Experts on the Application of Conventions and Recommendations in respect of remaining issues under Convention No. 111.
3. 84. As regards recommendation (b) concerning allegations of a media campaign against the GFBTU, the Committee notes the Government’s indication that an independent fact finding commission has reviewed this allegation but found no evidence indicative of such a campaign.
4. 85. As regards recommendation (c), the Committee notes the Government’s indication that the allegations of torture and ill-treatment of Jalila Al-Salman and Abu Dheeb while in detention are still under investigation. The Committee deplores that nearly four years after the allegations have been made, the investigations have not yet been concluded. It urges the Government to expedite these investigations and emphasizes that in cases of alleged torture or ill-treatment while in detention, governments should carry out inquiries into complaints of this kind 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 of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 56]. The Committee requests the Government to inform it of the results of the investigations without delay. The Committee regrets that no information has been provided by the Government on the outcome of the appeals brought by these trade unionists before the Court of Cassation. It therefore once again requests the Government to provide copies of the court judgments, including on appeal, in their cases. It further requests the Government 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 and to keep it informed in this respect.
5. 86. As regards recommendation (d) concerning the Trade Union Act and the Prime Minister’s Decision No. 62 of 2006, the Committee notes that the Government considers that the legislation as currently in force is in line with the international labour standards. The Government adds, however, that any amendment requires a series of constitutional procedures, while the third session of the National Assembly has ended and the country was preparing the November 2014 election of the fourth session of the National Assembly. With reference to Case No. 2552 examined in its 349th and 356th Reports (March 2008 and March 2010, respectively), the Committee recalls that it has been commenting upon the need to amend the above pieces of legislation for several years now. Bearing in mind the Government’s commitment in the tripartite agreement to work on the possibility of ratifying Conventions Nos 87 and 98 and its indication that it hoped that the Labour Code would be a catalyst for the development of the relationship between the production parties, thereby contributing to the elaboration of the decision to ratify Conventions Nos 87 and 98 [see 364th and 367th Reports (paras 307 and 211, respectively), thus facilitating the Government’s ratification of these fundamental Conventions, the Committee reiterates its request made in the framework of Case No. 2552 and expects that the resulting amendments will bring Bahraini law and practice into conformity with freedom of association principles. It reminds it that ILO technical assistance is available in this regard. 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. The Committee requests the Government to keep it informed of the progress made in the above legislative matters.
6. 87. Finally, as regards recommendation (e) concerning allegations of anti-union discrimination and interference by the employer in trade union affairs in a number of companies; the Committee notes the Government’s indication that: (1) there has been no violation of trade union rights at these enterprises; (2) no trade union has submitted a complaint to the Ministry of Labour regarding impairment of rights or harassment; and (3) the Ministry’s relevant agencies are fully prepared to investigate and resolve such claims in accordance with the law. The Committee recalls that it had previously requested the Government to conduct inquiries without delay into the specific allegations raised by the GFBTU in its communication dated 14 February 2013 and to provide information on their outcome. The Committee recalls that these allegations concerned anti-union acts by a number of enterprises [see 371st Report, para. 176]:
   • – 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.
7. 88. The Committee recalls that the Government is responsible for preventing all acts of anti-union discrimination and it must ensure that complaints of anti-union discrimination are examined in the framework of national procedures which should be prompt, impartial and considered as such by the parties concerned, [see Digest, fifth (revised) edition, 2006, para. 817]. The Committee therefore reiterates its previous request and 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.