Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 354, Juin 2009

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

1. 13. The Committee last examined this case, which concerns legislation prohibiting government employees from establishing trade unions of their own choosing, at its November 2008 meeting. Stressing yet again that all public service employees (with the exception of the armed forces and police) should be able to establish organizations of their own choosing to further and defend their interests, the Committee had once again strongly urged the Government to take the necessary measures, without delay, to amend article 10 of the Trade Union Act in accordance with this principle. With respect to the disciplinary actions taken against Ms Najjeyah Abdel Ghaffar, the Committee requested the Government to take the appropriate steps to compensate her for the periods of suspension without pay imposed upon her, and to ensure that no further disciplinary action was taken against her or other members of public sector trade unions for activities undertaken on behalf of their organizations, pending the amendment to article 10 of the Trade Union Act [see 351st Report, paras 18–20].
2. 14. In its communication of 11 February 2009, the Government indicates that the subject matter of the complaint falls within the competence of the Government sphere. The administrative system in Bahrain does not grant any authority to the Ministry of Labour with regard to employees governed by the Civil Service Act, promulgated by virtue of Act No. 35 of 2006. Ms Najjeyah Abdel Ghaffar may file a legal action with the judiciary against the Civil Service Office or the Ministry of Telecommunications in order to consider the legitimacy of the legal claim against her. Given the fact that Bahrain enjoys an impartial and independent legal system, all parties will abide by the decisions taken by the judiciary.
3. 15. As regards amending article 10 of the Trade Union Act, the Government states that enactment and amendment of national legislation are subject to constitutional procedures. Therefore, any amendment to article 10 of the Trade Union Act will fall within the competence of the National Council. The Government has submitted the amendment to article 10 in such a way that employees in the public sector might be allowed to form their own trade unions.
4. 16. The Committee notes the information supplied by the Government. It deeply regrets that, while referring to the amendment to article 10 of the Trade Union Act proposed by Parliament in 2006, which granted public sector workers the right to establish trade unions of their own choosing, the Government now simply reiterates that the adoption of any such amendment depends on decisions taken by the National Council. The Committee recalls that it was the Government itself that intervened with Parliament in March 2007 to postpone adoption of the amendment to article 10 of the Trade Union Act [see 348th Report, para. 44].
5. 17. The Committee further regrets the Government’s indication that the remedy of Ms Najjeyah Abdel Ghaffar for the disciplinary action taken against her lies in a judicial proceeding to challenge the validity of the legal claims against her. The Committee recalls that the Government, in its communication of 26 May 2008, has indicated that the Bahraini judicial authorities have already rejected legal action taken by the General Confederation of Bahraini Trade Unions seeking authorization to form trade unions of Government employees, and that the claims against Ms Najjeyah Abdel Ghaffar occur in the circumstances where public sector workers are prohibited from forming trade unions of their own choosing, a situation which the Committee has consistently condemned as contrary to the principles of freedom of association.
6. 18. Recalling that all public service employees (with the exception of the armed forces and police) should be able to establish organizations of their own choosing to further and defend their interests, the Committee once again strongly urges the Government to take the necessary measures, without delay, to amend article 10 of the Trade Union Act in accordance with this principle. It recalls once again that technical assistance of the Office is available in this regard. The Committee also expects that the Government, pending the amendment to article 10 of the Trade Union Act, will take appropriate steps to compensate Ms Najjeyah Abdel Ghaffar for the periods of suspension without pay imposed upon her, and to ensure that no further disciplinary action is taken against her or other members of public sector trade unions for activities undertaken on behalf of their organizations.