Rapport intérimaire - Rapport No. 367, Mars 2013

1. 181. The Committee last examined this case at its June 2012 meeting, when it presented an interim report to the Governing Body [see 364th Report, paras 232–308, approved by the Governing Body at its 315th Session].
2. 182. The International Trade Union Confederation (ITUC) sent new allegations in communications dated 11 November 2012 and 19 February 2013. New allegations were submitted in a letter from the General Federation of Bahrain Trade Unions (GFBTU) dated 14 February 2013.
3. 183. The Government sent its observations in a communication dated 25 October 2012.
4. 184. 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. 185. At its June 2012 meeting, the Committee made the following recommendations [see 364th Report, para. 308]:
   • (a) The Committee welcomes the tripartite agreement whereby the parties committed to continue their efforts to ensure the full reinstatement in both public and private sectors of all the remaining workers to the maximum extent possible no later than 30 May 2012. The Committee requests the Government to continue to provide information on the implementation of this agreement and the status of any remaining court cases.
   • (b) The Committee notes that the BICI report, referred to by the Government, has made specific recommendations concerning the promulgation and enforcement of police professional standards and the need for legal and sensitivity training for police officers and requests the Government to keep it informed of the training provided.
   • (c) The Committee expects the Government to transmit its observations on the allegations of intimidation and harassment of trade union leaders and members without delay and to ensure that sufficient measures are taken to protect trade unionists from any such acts.
   • (d) Noting the recommendations in the BICI report for the independent investigation of claims of torture and other forms of cruel, inhuman or degrading treatment or punishment, the Committee expects the Government to provide information without delay on the specific steps taken to investigate the allegations of torture in relation to BTA leaders Mr Abu Dheeb and Ms Jalila al-Salman and the outcome of these investigations and, in light of the concerns raised by the complainants over Mr Abu Dheeb’s health, to ensure that he immediately receives all necessary medical attention.
   • (e) The Committee expects that Mr Abu Dheeb will be immediately released should it be found that he is detained for the exercise of legitimate trade union activity. It further urges the Government to provide full particulars on the status of his and Ms Jalila al-Salman’s appeals, as well as the specific charges brought against them and copies of any court judgments in their case.
   • (f) The Committee requests the Government to provide information in its next report on the status of the unions at ASRY, BAS and GARMCO.
   • (g) The Committee requests the Government to confirm that the amendments to the Trade Union Law will have no negative impact on the right of workers to establish and join the organization of their own choosing and for these organizations to form and join federations and confederations of their own choosing and that the GFBTU will continue to function legally and be fully recognized. It further requests the Government to take steps if necessary to amend the relevant provision, in consultation with the GFBTU, so as to clarify that general labour federations may be freely formed.
   • (h) The Committee expects the Government to ensure full respect for the principle that workers should in practice be able to establish and join organizations of their own choosing in full freedom and without government interference.
   • (i) The Committee requests the Government amend the legislation banning from trade union office persons held responsible for violations leading to the dissolution of a trade union or its executive body and, in the meantime, confirm that this provision cannot be used for convictions relating to the exercise of legitimate trade union activity or the exercise of the right to peaceably demonstrate.
   • (j) The Committee urges the Government to take the necessary measures in the very near future to ensure the full implementation of its previous recommendations in Cases Nos 2433 and 2522, especially as regards the need to ensure fully the freedom of association rights of public servants and to bring the Trade Union Law and the Prime Minister’s Decision No. 62 of 2006 in line with its recommendations concerning strike restrictions.
   • (k) The Committee requests the Government to indicate the manner in which domestic workers will be fully ensured their freedom of association rights under the new Labour Code and to take the necessary measures to ensure that all workers, without distinction whatsoever, may freely form and join the organization of their own choosing. It requests the Government to transmit a copy of the draft which is before the legislative authority.
   • (l) The Committee expects that the Government will avail itself of the technical assistance and support of the ILO in the area of capacity building and training for a smooth reintegration and the improvement of workplace relations and social dialogue in the very near future and requests the Government to keep it informed of developments.
   • (m) The Committee welcomes the Government’s commitment in the tripartite agreement to work on 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), and requests the Government to keep it informed of the steps taken in this regard.

B. The complainant’s new allegations

1. 186. In its communication dated 9 November 2012, the ITUC transmits new allegations of the re-arrest, on 7 November 2012, of Jalila al-Salman, Vice-President of the Bahrain Teachers’ Association (BTA). According to the complainant, Ms al-Salman, who was acting as Chairperson of the BTA during the continuing detention of Mr Abu Dheeb, was transferred to the women’s prison of Isa Town after being summoned without explanation to the Investigation Department in Manama. Neither her lawyer nor her family were allowed to accompany her.
2. 187. The complainant recalls that Ms al-Salman and Mr Dheeb were condemned, in September 2011, by a military court after being forced to sign “confessions” while in detention. The guilty verdict was upheld by the Manama Appeal Court on 21 October, which has been appealed to the Supreme Court. The complainant calls for their immediate release as their case is unsubstantiated and the institution of a full, impartial and independent investigation into their report of ill-treatment. The complainant also calls for the re-legalization of the BTA and guarantees for a respectful and inclusive dialogue to promote social justice and a peaceful transition to democracy.
3. 188. In its communication dated 19 February 2013, the ITUC supplements its allegations in this case with an update prepared by Education International (EI) concerning the fate of the leaders of the Bahrain Teachers’ Association (BTA). The EI indicates that requests for Abu Dheeb’s release on bail have been successively denied and, following a decision by the court of appeal upholding the guilty verdict on 21 October 2012, Jalila al-Salman was summoned to serve the remaining time of her six-month prison term in the women’s prison in Issa Town. She was released on 25 November 2012 having concluded her prison term, while Abu Dheeb is still serving his five-year prison term in Jaw prison. Their lawyers have made a last appeal to the Bahraini Court of Cassation.
4. 189. In its communication dated 14 February 2013, the GFBTU provides detailed information on the continuous violations of freedom of association at both national and enterprise level. In particular, the GFBTU refers to the non-reinstatement of workers dismissed for their trade union activism, the continuous arrest and detention of trade unionists, restrictions on their right to assembly and demonstration, restrictions on the freedom of association in the public sector, sanctions for attempting to establish organizations, favouritism in respect of particular organizations, reprisals and intimidations. The GFBTU further refers to the financial and political backing of an alternative government-backed rival federation, Bahrain Labour Union Free Federation (BLUFF), established on a political and sectarian basis. The GFBTU refers to many incidences of interference with its affiliates at enterprise level and favouritism towards BLUFF affiliates. The GFBTU adds that BLUFF leadership includes a number of pro-government columnists and parliament members that have been spearheading a defamation campaign against the GFBTU. The GFBTU states that it has been advised by the Government first to withdraw its complaints to the ILO before it can bring an end to this campaign.

C. The Government’s reply

1. 190. In its communication dated 25 October 2012, the Government provides the following information in reply to the Committee’s recommendations. The Government states that it has made positive progress in the implementation of the Tripartite Agreement in order to resolve the issue of the dismissed workers following the events of February–March 2011. The Government states that about 98 per cent of the cases have been resolved either by reinstatement or ensuring that they would obtain fair compensation and employment in other places and in appropriate positions with salaries not less than their previous job. The remaining cases involving labour disputes between the company and the worker have been referred to the competent authority (that is the Civil Service Bureau or the judiciary).
2. 191. As regards the implementation of the recommendations of the report of the Bahraini Independent Commission of Inquiry (BICI report), concerning the recommendation to disseminate and implement high standards for the police and security forces with adequate training, the Government refers to the independent national commission created by Royal Decree to ensure the follow-up to the BICI recommendations and the report it issued on 20 March 2012, which noted the implementation of legal training courses by the Ministry of the Interior for public security forces, in order to enhance protection of human rights, particularly in the context of public order, detention and interrogation, as well as the issuance of a police code of conduct for officials in charge of the enforcement of law and fundamental principles on the use of force and firearms in line with the best practices of the United Nations.
3. 192. As regards allegations of threats or harassment of trade union leaders, the Government indicates that no directives have been issued to restrict the freedom of any trade union activist or prevent him or her from travelling and many of them practice their activities freely, either at work or at the social level. Any victim of an aggression can lodge a complaint with the competent authorities.
4. 193. As regards the recommendation to investigate allegations of torture in detention, the Government refers to the authority of the public prosecution to defend human rights and carry out relevant investigations. In response to the BICI recommendation to establish an independent and impartial mechanism to determine the accountability of those in government who have committed unlawful or negligent acts resulting in death, torture and mistreatment, the Attorney-General established the Special Investigations Unit which carries out its work in accordance with international standards and the Istanbul Protocol. The Unit has begun investigating a number of cases and has inspected some prisons and areas of pre-trial detention. The Unit issues a monthly progress statement.
5. 194. As regards the allegations of ill-treatment and torture of Abu Dheeb, the Government states that the judicial police were asked to conduct inquiries and the case is still under investigation. The prosecution opened an investigation into the allegations of torture and ill-treatment during imprisonment and an investigation was made by Ms al-Salman and the judicial police are still investigating the matter.
6. 195. All trade unions at the Arab Shipbuilding and Repair Yard Company (ASRY), the Bahrain Airport Services Company (BAS) and the Gulf Aluminium Rolling Mill Company (GARMCO) have not been affected and enjoy all rights under the Trade Union Act, regardless of the establishment of new trade unions by workers given the possibility of trade union pluralism. No union has lodged any complaint in this regard. The authorities are fully ready to investigate such cases and resolve them in accordance with the law.
7. 196. The Government maintains that the GFBTU is sound both before and after the amendments to the Trade Union Act. The GFBTU was able to organize its General Conference in September 2012 with the participation of all its affiliates in full freedom and without any interference from the Government. The Government deals with the GFBTU as an independent organization with a role to play at national level, but emphasizes that it maintains the same distance from all federations and trade unions. The Ministry of Labour plays its role in monitoring the implementation of the Act and will endeavour to ensure that no trade union is established on religious or sectarian grounds.
8. 197. While confirming that the provision banning from trade union office persons held responsible for violations leading to the dissolution of a trade union or its executive body was aimed at protecting trade unions to achieve their objectives, the Government indicates that it will consider the Committee’s observations when amending the Trade Union Act in the future, as required by workers’ interests.
9. 198. As regards Cases Nos 2433 and 2552 concerning the right to organize in the public sector and the determination of vital enterprises where strikes may be prohibited, including with respect to vital economic sectors, the Government states that it continues to follow up the Committee’s recommendations and will endeavour to comply with international labour standards in all its steps. The Government states that it will keep the Committee informed of developments.
10. 199. As regards the right to organize of domestic workers, the Government refers to the steps taken in the new Labour Code for the private sector, of August 2012, to provide benefits to workers previously not covered by the Labour Code, such as domestic workers, including the regulation of their employment contracts, wages, leave and termination payments. The Government indicates that it will send an English version of the Code as soon as it is translated. The Government considers that the Code constitutes a qualitative added value for the regulation of the principles of collective bargaining and social dialogue and hopes that it will 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 in the future.

D. The Committee’s conclusions

1. 200. The Committee recalls that this case concerns grave allegations of massive arrests, 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, among others, the amendment of the trade union legislation. The Committee further notes, with deep concern, the new allegations of the re-arrest in November 2012 of Jalila al-Salman, acting chair of the BTA, and the continuing detention of Abu Dheeb, BTA President, and the detailed and serious new allegations of interference, harassment and favouritism towards a government-supported federation. It requests the Government to reply to these new allegations without delay.
2. 201. As regards recommendation (a), the Committee notes the Government’s indication that it has made positive progress in the implementation of the Tripartite Agreement in order to resolve the issue of the dismissed workers following the events of February–March 2011. The Government states that about 98 per cent of the cases have been resolved, either by reinstatement or ensuring that they would obtain fair compensation and employment in other places and in appropriate positions with salaries not less than their previous job. The remaining cases involved labour disputes between the company and the worker and have been referred to the competent authority (that is the Civil Service Bureau or the judiciary). The Committee requests the Government to continue to keep it informed of the progress made to resolve all remaining cases.
3. 202. As regards recommendation (b), the Committee notes the information provided by the Government that legal training courses by the Ministry of the Interior have been conducted for public security forces in order to enhance protection of human rights, particularly in the context of public order, detention and interrogation and that a police code of conduct for officials in charge of the enforcement of law and fundamental principles on the use of force and firearms has been issued in line with the best practices of the United Nations. The Committee requests the Government to provide a copy of the police code of conduct 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.
4. 203. As regards the allegations of threats and harassment of trade union leaders, the Government indicates that no directives have been issued to restrict the freedom of any trade union activist or prevent him or her from travelling and many trade unionists practice their activities freely, either at work or at the social level. The Government adds that any victim of an aggression can lodge a complaint with the competent authorities. The Committee recalls that the complaint referred to harassment conducted through an alleged campaign in the media against the GFBTU and its leadership and a communication issued, on 12 June 2011, by the Joint Committee of Major Companies urging the leaders of the GFBTU to resign from their position without delay or face criminal, as well as civil, legal charges for their role in what they refer to as an illegal strike. The Committee regrets that the Government has not provided any information in reply to this specific allegation but simply repeats that any victim of harassment can lodge a complaint with the competent authorities. 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.
5. 204. 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 deeply regrets that there is still no detailed information on the results of these investigations, and it is all the more concerned given the new allegations of the re-arrest of Ms al-Salman. The Committee expects the Government to expedite the abovementioned investigations 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. Further 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.
6. 205. As regards recommendation (e), the Committee regrets that the Government has not provided the court judgments in the cases of Abu Dheeb and Jalila al-Salman and expresses its deep concern over the allegations of Ms al-Salman’s re-arrest in November 2012 but observes from the complainants’ most recent communications that she was released on 25 November after having served her full term. It urges the Government to provide detailed information on the charges brought against them, 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 was detained for the exercise of legitimate trade union activity.
7. 206. As regards recommendation (f), the Committee notes the Government’s indication that all trade unions at ASRY, BAS and GARMCO have not been affected and enjoy all rights under the Trade Union Act, regardless of the establishment of new trade unions by workers given the possibility of trade union pluralism. No union has lodged any complaint in this regard and the authorities are fully ready to investigate such cases and resolve them in accordance with the law.
8. 207. As regards the allegations that the recently adopted amendments to the Trade Union Act would make it no longer possible to form a general labour federation and that the Ministry of Labour would use its discretion in appointing workers’ organizations to represent workers before international forums and in national bargaining, the Committee takes note of the Government’s indication that the fact that the GFBTU was able to organize its General Conference in September 2012, with the participation of all its affiliates in full freedom and without any interference from the Government, is proof that the new legislation has not had any negative impact. Given the nevertheless clear language of the amendment and the Government’s previous statement that federations can be formed if they are made of unions within a similar sector, the Committee requests the Government to take steps to amend this provision, in full consultation with the social partners concerned, so as to clarify that general labour federations may be formed freely.
9. 208. The Government further indicates that it deals with the GFBTU as an independent organization with a role to play at national level, but emphasizes that it maintains the same distance from all federations and trade unions. Moreover, the Ministry of Labour plays its role in monitoring the implementation of the Act and will endeavour to ensure that no trade union is established on religious or sectarian grounds. As regards the recommendation to amend the legislation banning from trade union office persons held responsible for violations leading to the dissolution of a trade union or its executive body, the Committee notes the Government’s indication that this provision was aimed at protecting trade unions so that they might achieve their objectives, but that it would consider the Committee’s observations when amending the Trade Union Act in the future, as required by workers’ interests. Recalling its previous conclusions in this regard, 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.
10. 209. Noting the Government’s indication that it continues to follow up on the Committee’s recommendations in relation to Cases Nos 2433 and 2522 and will endeavour to comply with international labour standards in all its steps, the Committee regrets that the Government has not provided any information on the concrete steps taken to ensure fully the freedom of association rights of public servants and to bring the Trade Union Act and the Prime Minister’s Decision No. 62 of 2006 into line with its recommendations made over five years ago. The Committee urges the Government to take concrete steps in this regard without delay, in full consultation with the social partners concerned, and to keep it informed of developments.
11. 210. The Committee notes the information provided by the Government in relation to the new Labour Code for the private sector, of August 2012, which provides benefits to workers previously not covered by the Labour Code, including domestic workers, but regrets that the Government has not provided any information on the steps taken to ensure the freedom of association rights of these workers. Observing the Government’s indication that it will send an English version of the Code as soon as it is translated, the Committee requests it, in the meantime, to indicate the manner in which the freedom of association rights of domestic workers is ensured. Recalling the emphasis placed in the Domestic Workers Convention, 2011 (No. 189), on the freedom of association rights of domestic workers, the Committee invites the Government to consider the possibility of ratifying this Convention.
12. 211. The Committee notes the Government’s indication that the Code constitutes a qualitative added value for the regulation of the principles of collective bargaining and social dialogue and that it hopes that it will 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 in the future. The Committee 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.