Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 389, Junio 2019

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

1. 15. The Committee last examined this case, in which the complainants alleged serious violations of freedom of association, including massive dismissals of trade union leaders and members following their participation in a strike, threats to the personal safety of trade union leaders, arrest, harassment, prosecution and intimidation, as well as interference in trade union affairs, at its October 2017 meeting [see 383rd Report, paras 17–28]. On that occasion, the Committee once again requested the Government to provide copies of the judgments handed down in the cases of Abu Dheeb and Jalila Al-Salman, as well as any information on their appeals to the Court of Cassation or their request for rehabilitation. It further requested the Government to report any progress made with regard to 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 to hold consultations with the social partners concerned without delay in order to bring the Trade Union Act (TUA) into conformity with freedom of association principles. Finally, the Committee requested the Government to provide an update as to the situation of trade unions in enterprises where an investigation was ongoing in relation to allegations of anti-union discrimination and interference.
2. 16. In its communication dated 25 September 2018, the Government provides information on the current economic and labour situation in the country and emphasizes that, since 2011, the year of the complaint, the situation has returned to normal, with 99 per cent of the cases concerning dismissals settled through dialogue and tripartite cooperation between the parties concerned. The Government adds that, in recent times, positive relations have developed between trade unions and company management as a result of the efforts and action taken by the Ministry of Labour and Social Development to reconcile the parties.
3. 17. In relation to the detention of Abu Dheeb and Jalila Al-Salman, the Government reiterates that they both obtained a fair trial, were able to appoint a lawyer, all judicial guarantees were available to them, and the judgments originally handed down against them were later modified by the Civil Court of Appeal. Both individuals have now served their sentences, enjoy full rights and may submit an application for rehabilitation in accordance with the rules and laws established. The Government also recalls that the Bahrain Teachers Association (BTA) is a former civil society organization established in 2001 but dissolved in 2011, it is not considered to be a trade union and no longer has any legal status under Bahraini law.
4. 18. Concerning the possibility of ratifying Conventions Nos 87 and 98, the Government indicates that even without ratifying the Conventions it already has a progressive system based on the principle of labour pluralism as provided for in the TUA, protection against anti-union discrimination and the right of workers to strike to defend their interests, as well as other guarantees provided for in the Labour Code for the private sector, including collective dispute resolution and collective agreement measures.
5. 19. With regard to the requested amendments of the TUA, the Government indicates that the prohibition of strikes in specific economic sectors is a prerogative of the Government who takes economic interests into account in order to protect the society while providing other safeguards to protect the interests of the labour force, and that despite numerous tripartite and bipartite meetings, neither social partners nor other parties concerned addressed this issue at the internal level. The Government therefore believes that such prohibition does not affect freedom of association in the country.
6. 20. Finally, the Government expresses its hope that the Committee will close this case since all the allegations have been settled and the parties concerned have not submitted new information or observations with regard to the substance of the complaint. The Government also expresses its willingness to cooperate with the social partners to study any proposals that may be presented in the context of national tripartite dialogue.
7. 21. The Committee takes due note of the information submitted by the Government on the current economic and labour situation in Bahrain, in particular that the majority of dismissals have been settled through dialogue and cooperation and that positive relations have developed between trade unions and the management of enterprises, as a result of the Government’s efforts and action taken to reconcile the parties. The Committee understands that this also refers to the enterprises in which anti-union discrimination was previously alleged in the present case and trusts that the Government’s efforts will prevent any future anti-union practices and will contribute to maintaining harmonious labour relations in those enterprises.
8. 22. The Committee deeply regrets that, despite having been requested to do so on a number of occasions, the Government once again failed to provide copies of the judgments condemning Abu Dheeb and Jalila Al-Salman and simply reiterates information provided previously with regard to their trial. In these circumstances, the Committee is obliged to recall once again that the detention of trade unionists for reasons connected with their activities in defence of the interests of workers constitutes a serious interference with civil liberties in general and with trade union rights in particular [see Compilation of decisions and principles of the Freedom of Association Committee, sixth edition, 2018, para. 123]. While further noting the Government’s affirmation that Abu Dheeb and Jalila Al-Salman now enjoy full rights, the Committee also observes that the BTA, after having been dissolved in 2011, no longer has any legal status under Bahraini law and understands from this information that the trade unionists can thus not fully enjoy their trade union rights. In view of the above, the Committee expects the Government to take the necessary measures to ensure that, should the BTA wish to be re-established under the applicable legislation, it will not be faced with any administrative obstacles and that Abu Dheeb and Jalila Al-Salman will be able to freely exercise their human rights and trade union rights in conformity with freedom of association principles. The Committee invites both the Government and the complainants to provide updated information as to the current status of the BTA.
9. 23. With regard to the possibility of ratifying Conventions Nos 87 and 98, the Committee notes that the Government enumerates a number of trade union rights recognized at the national level but does not indicate whether any concrete steps have been taken towards actual ratification. The Committee trusts that, in line with its commitment made in the 2012 tripartite agreement, the Government will progressively work on the possibility of ratifying these Conventions.
10. 24. The Committee further notes with regret that, despite its repeated requests to amend the TUA and the Prime Minister’s Decision No. 62 of 2006, in order to bring them into conformity with freedom of association principles, in particular in terms of the list of services in which strikes can be restricted or prohibited and the manner in which such services are determined, the Government only reiterates information provided previously and asserts that prohibition of strikes in specific economic sectors is a prerogative of governments and that the social partners have not raised this issue at the national level. The Committee recalls in this regard that 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). To determine situations in which a strike could be prohibited, the criterion which has to be established is the existence of a clear and imminent threat to the life, personal safety or health of the whole or part of the population [see Compilation, op. cit., paras 830 and 836]. Further recalling that it has been asking for legislative amendments to this effect for several years, the Committee requests the Government to continue to engage with the social partners with a view to bringing the TUA into conformity with the above, fully taking into account the Committee’s previous comments.