Informe provisional - Informe núm. 377, Marzo 2016

1. 186. The Committee last examined this case at its March 2015 meeting, when it presented an interim report to the Governing Body [see 374th Report, paras 70–89, approved by the Governing Body at its 323rd Session].
2. 187. The Government sent its observations in a communication dated 5 October 2015.
3. 188. In a communication dated 8 October 2015, Education International (EI) associates itself with the complaint presented by the International Trade Union Confederation (ITUC) and the General Federation of Bahrain Trade Unions (GFBTU) and provides additional information.
4. 189. 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).
5. 190. At its March 2015 meeting, the Committee made the following recommendations [see 374th Report, para. 89]:
6. 191. In its communication dated 8 October 2015, EI associates itself with the present case and submits additional information concerning the fate of the leaders of the BTA. In particular, the complainant indicates that the health of Abu Dheeb, who is still serving a five-year sentence in Jaw prison, is deteriorating and that prison officers prevent him from receiving medication for hypertension and diabetes and supportive shoes for back pain from a slipped disk that the complainant maintains was due to the torture Abu Dheeb suffered during solitary confinement. The complainant further indicates that Jalila al-Salman continues to suffer from a job ban and restrictions to her right to free speech. The complainant also states that since the BTA was dissolved in 2011, it has not been allowed to be re-established.
7. 192. In its communication dated 5 October 2015, the Government indicates that a special investigation unit of the Public Prosecutor’s Office had begun an investigation into the allegations of torture in detention of Abu Dheeb and Jalila al-Salman, the president and vice president of the Bahraini Teachers Association (BTA), including the examination of the relevant medical records with the competent authorities. The Government further specifies that the veracity of the allegations made by Abu Dheeb and Jalila al-Salman was not established by the special investigation unit and therefore both complaints were filed without further action. The Government further adds that the complainants have the right to: appeal the special investigation unit’s decisions, submit additional evidence or documentation and request the judicial authorities to examine their allegations.
8. 193. 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 in relation to the Prime Minister’s Decision, which prohibits strike action in certain vital sectors, it will hold the necessary consultations with the relevant parties when the sectors concerned are reviewed and will update the Committee in respect of all developments in this regard.
9. 194. With regard to a series of allegations of anti-union discrimination and interference by the employer in trade union affairs of several private sector companies (ALBA, BAS, ASRY, GARMCO, BATELCO, BAPCO, BAFCO, Gulf Air, Yokogawa Middle East, KANOO cars and Sphynx cleaning), the Government states that the Ministry of Labour and Social Affairs had launched investigations into the situation of trade unions in the aforementioned companies, in the course of which the competent authorities conducted field visits, communicated with a number of trade unions and examined all of the available documentation. Through the investigations, the authorities concluded that the trade unions examined continued to conduct their activities normally and enjoyed all of the rights established under the Trade Union Act. The Government further indicates that groups of workers were forming new trade unions in a number of companies, in accordance with the Trade Union Act which allows trade union pluralism at the enterprise level. The Government also affirms that the Ministry of Labour and Social Affairs is prepared to analyse any complaint received from the aforementioned unions and to take the necessary measures in accordance with the laws and regulations of Bahrain.

D. The Committee’s conclusions

1. 195. 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.
2. 196. As regards recommendation (a), the Committee notes the Government’s indication that the allegations of torture and ill-treatment of Jalila Al-Salman and Abu Dheeb, who has been in detention since 2011, had been investigated by a special investigation unit of the Public Prosecutor’s Office, which also examined the relevant medical records, and that these investigations did not establish the veracity of the allegations made by Jalila Al Salman and Abu Dheeb. The Committee also observes the Government’s indication that while both complaints were filed without further action, the complainants have the right to: appeal the special investigation unit’s decisions, submit additional evidence or documentation and request the judicial authorities to examine their allegations. The Committee notes with deep concern that this investigation was concluded after four years out of a five-year prison term for Abu Dheeb and recalls that the freedom of expression which should be enjoyed by trade unions and their leaders should also be guaranteed when they wish to criticize the government’s economic and social policy [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 157]. The Committee further notes, with deep concern the allegations of Abu Dheeb’s deteriorating health and the prison officers’ prevention of his receipt of necessary medication and requests the Government to reply to these allegations without delay and to take the necessary measures to ensure that Abu Dheeb immediately receives all necessary medical attention. The Committee further notes with regret that, once again, the Government has not provided any information on the outcome of the appeals brought by Jalila Al-Salman and Abu Dheeb before the Court of Cassation, nor has it provided copies of the court judgments handed down in their cases. The Committee, therefore, once again urges the Government to provide, without delay, copies of the judgments condemning Abu Dheeb and Jalila Al-Salman and to provide any information relating to their appeals and requests the Government to ensure that Abu Dheeb is immediately released should it be found that he has been detained since 2011 for the exercise of legitimate trade union activity, as this would then mean that he would have been wrongfully detained for four years. The Committee urgently requests to be kept informed of any developments in this respect. Finally, the Committee notes with concern the additional information received from the complainant regarding the refusal to allow the BTA to be re-established and the continued job ban and restrictions on freedom of expression of Jalila Al-Salman. The Committee recalls that the right to express opinions through the press or otherwise is an essential aspect of trade union rights and that all practices involving the blacklisting of trade union officials or members constitute a serious threat to the free exercise of trade union rights and, in general, governments should take stringent measures to combat such practices [see Digest op. cit., paras 155 and 803]. The Committee further recalls that workers should have the right to form organizations of their own choosing regardless of their political opinions. The Committee, therefore, urges the Government to remove any obstacles to the re-establishment of the BTA and to ensure that Jalila Al-Salman can exercise her legitimate right to freedom of expression and that she is not blacklisted due to her trade union activity.
3. 197. As regards recommendation (b), concerning the Committee’s request for measures to be taken to amend the Trade Union Act and the Prime Minister’s Decision No. 62 of 2006 in order to bring Bahraini law and practice into conformity with freedom of association principles, the Committee notes the Government’s indication that it will hold the necessary consultations with the relevant parties when the sectors concerned by the Prime Minister’s Decision are reviewed and will update the Committee in respect of all developments in this regard. Bearing in mind the Government’s commitment in the 2012 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 374th Report, para. 86], the Committee expects consultations to be held by the Government without delay on this and on the Trade Union Act, taking into account the Committee’s previous comments and the need to ensure effective implementation of the freedom of association rights of domestic workers [see 364th Report, paras 300–305]. The Committee once again reminds the Government that it can avail itself of ILO technical assistance and requests the Government to keep it informed of any developments in this regard.
4. 198. With regard to recommendation (c), concerning allegations of anti-union discrimination and interference by the employer in trade union affairs in a number of private sector companies (ALBA, BAS, ASRY, GARMCO, BATELCO, BAPCO, BAFCO, Gulf Air, Yokogawa Middle East, KANOO cars and Sphynx cleaning), the Committee notes the Government’s indication that: (i) the Ministry of Labour and Social Affairs has launched investigations into the situation of trade unions in the aforementioned companies; (ii) the competent authorities conducted field visits, communicated with a number of trade unions and examined all of the available documentation; (iii) through the investigations, the authorities concluded that the trade unions examined conducted their activities normally and enjoyed all of the rights established under the Trade Union Act; (iv) groups of workers were forming new trade unions in a number of companies, in accordance with the Trade Union Act which allows trade union pluralism at the enterprise level; and (v) the Ministry of Labour and Social Affairs is prepared to analyse any complaint received from the concerned unions and to take the necessary measures in accordance with the laws and regulations of Bahrain. Recalling 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 [see 371st Report, para. 176], the Committee requests the Government to provide detailed information on the outcome of its investigation and to solicit information from the employers’ organization concerned in relation to the following allegations:
   • – 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.
5. 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.