Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 348, Noviembre 2007

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

1. 43. The Committee last examined this case, which concerns legislation prohibiting government employees from establishing trade unions of their own choosing, at its November 2006 meeting. On that occasion, the Committee noted with interest that the draft amendment to article 10 of the Trade Union Act grants public workers and employees the right to establish trade unions of their own choosing, and also allows workers in both the public and private sectors to establish more than one union per enterprise. Further noting the Government’s indication that the draft amendment was currently before Parliament, the Committee reiterated its expectation that the said amendment would be adopted and promulgated in the very near future, and also requested the Government to keep it informed of developments in this respect [see 343rd Report, paras 19–21].
2. 44. In a communication of 22 March 2007, the General Federation of Bahrain Trade Unions (GFBTU) states that the Government has not fulfilled its obligation to amend article 10 of the Trade Union Act but, to the contrary, replied to a request by the Parliament for a proposed legislative amendment on the matter in the following manner:
3. – “Though the Government wishes to uphold trade union action, it nevertheless is also committed to ensuring the proper uninterrupted operation of public utilities. These services are provided for benefit of the public. Consequently, the Government deems that public interest requires a study of the impact of approval of the draft legislation on the proper operation of these utilities, especially in light of the terms of article 21 of the Trade Union Act, which allows trade union members to trade strike action and declare a work stoppage without the approval of their authorities. The Government also needs to assess whether the strike could lead to any excesses and or affect the smooth and organized operation of public services. Needless to say, the public, which attaches great importance to public utilities and their continued organized operation would suffer great hardship should such services be paralysed or cease to operate and provide their vital services. From the above it is clear that, to approve this amendment at present would harm the operation of public services, especially as in the Kingdom of Bahrain, the experience of civil service workers in trade union creation, or membership thereof, is in its infancy and taking its first steps. More time is required for them to firmly establish themselves in society, before government workers can be given the right to set up their own trade unions. It should also be noted that authorizing government workers to set up their own trade unions has given rise, in certain Arab countries, to many obstacles which could affect the proper operation of public services in them. On the basis of the above, the Government finds that the proposed amendment should be postponed until sufficient time has elapsed to confirm the success of the trade union experience, as well as to take account of the principle of gradual legislative application” (extract from memorandum on the draft legislation amending certain provisions of the Trade Union Act issued by Legislative Decree No. 33 of 2002).
4. – Draft Law No. 19 further restricts trade union rights and does not amend article 10 of the Trade Union Act so as to allow workers in the public sector to establish trade unions.
5. 45. The GFBTU further states that the Civil Service Administration had issued Directive No. 3 of 2007, concerning organizations established by groups of civil servants. Directive No. 3, which is attached to the complainant’s communication, makes reference to the efforts of certain groups of civil servants to establish trade unions, issue statements to the media and submit a petition on wages to the authorities. It further states that organizations of civil servants are illegal under article 10 of the Trade Union Act as such servants are only allowed to join trade unions set up by other categories of workers. It indicates that the authorities may, under Chapter 11 of the Civil Service Law, take disciplinary action against staff that have set up or joined such illegal organizations.
6. 46. The complainant states that the Government has pursued a policy of harassment against members of public sector trade unions alleging, in particular, that the Government had questioned Ms Najjeyah Abdel Ghaffar, the deputy head of the postal workers’ union, over statements to the press she had made concerning the hardships faced by postal workers; Ms Najjeyah Abdel Ghaffar was subsequently suspended for three days without pay. Mr Jamal Ateek, the head of the postal workers’ union, was also questioned on 18 March 2007. Attached to the complainant’s communication are several communications addressed to Ms Najjeyah Abdel Ghaffar from the postal authorities, including a communication of 18 January 2007 notifying her that the disciplinary action of suspension without pay for three days was being imposed for having issued statements to the press, in violation of civil service regulations and circulars. The communication states in particular that Ms Najjeyah Abdel Ghaffar was in breach of civil service Circular No. 1, 2007, regarding the right of workers governed by civil service regulations to join trade unions, as she had spoken to the media in her capacity as Deputy President of the unauthorized Bahrain Post Trade Union.
7. 47. The Government transmits a copy of Law No. 49 of 2006, amending certain provisions of the Trade Union Act by a letter dated 10 April 2007. In its communication of 15 June 2007, the Government indicates that the issue of public sector organizations was being studied by the National Council and that no action could be taken until the legislative authorities had studied and taken a decision regarding this matter.
8. 48. The Committee notes with regret the Government’s indication that the establishment of public sector organizations was being considered anew by the legislative authorities –despite its previous indications that a draft amendment to article 10 of the Trade Union Act, which allowed public sector workers to establish trade unions of their own choosing, had been submitted to Parliament in 2006. The Committee duly notes the concerns raised in the Government’s memorandum to Parliament relating to the possibility of strike action in the civil service and would draw the Government’s attention to the following principles whereby certain restrictions may be placed on the civil service in this regard. The right to strike may be restricted or prohibited (1) in the public service only for public servants exercising authority in the name of the State or (2) in essential services in the strict sense of the term (that is, services the interruption of which would endanger the life, personal safety or health of the whole or part of the population). A minimum service could be appropriate as a possible alternative in situations in which a substantial restriction or total prohibition of strike action would not appear to be justified and where, without calling into question the right to strike of the large majority of workers, one might consider ensuring that users’ basic needs are met or that facilities operate safely or without interruption [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, paras 576 and 607]. Coming back to its original recommendation in this case concerning the right to organize of civil servants, however, the Committee must once again stress 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 must therefore once again strongly urge the Government to take the necessary measures, without delay, to amend article 10 of the Trade Union Act in accordance with this principle and recalls that the technical assistance of the Office is available in this regard.
9. 49. As regards the disciplinary action taken against Ms Najjeyah Abdel Ghaffar, the Committee considers that one of the fundamental principles of freedom of association is that workers should enjoy adequate protection against all acts of anti-union discrimination in respect of their employment such as dismissal, demotion, transfer or other prejudicial measures. This protection is particularly desirable in the case of trade union officials because, in order to be able to perform their trade union duties in full independence, they should have a guarantee that they will not be prejudiced on account of the mandate which they hold from their trade unions. The Committee has considered that the guarantee of such protection in the case of trade union officials is also necessary in order to ensure that effect is given to the fundamental principle that workers’ organizations shall have the right to elect their representatives in full freedom [see Digest, op. cit., para. 799]. The Committee requests the Government to take the appropriate steps to compensate Ms Najjeyah Abdel Ghaffar for the period of suspension without pay imposed upon her, and to ensure that no further disciplinary action is taken against 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.