Report in which the committee requests to be kept informed of development - Report No 340, March 2006

Case No 2433 (Bahrain) - Complaint date: 13-JUN-05 - Closed

Allegations: The complainant organization alleges that Circular No. 1 of 10 February 2003 on the right of civil service workers to join workers’ unions strictly prohibits government workers and employees from establishing unions of their own choosing, and that the authorities have repeatedly refused to register six unions in the public sector

309. The complaint is contained in communications dated 13 June and 17 October 2005 from the General Federation of Bahrain Trade Unions (GFBTU).

1. 310. The Government provided its observations in communications dated 19 July and 8 December 2005.
2. 311. Bahrain has ratified none of the Conventions on freedom of association.

A. The complainants’ allegations

1. 312. In its communication of 13 June 2005, the General Federation of Bahrain Trade Unions (GFBTU) challenges the continued denial of the right to organize of Bahraini workers in the public sector. The negative responses of the Government to the repeated requests of the GFBTU to register six trade unions in the public sector constitute a breach of articles 27 and 28 of the Bahrain Constitution and article 5 of the National Charter, which explicitly allows for the right to organize of all workers without any distinction or discrimination.
2. 313. The GFBTU also alleges that Circular No. 1 of 10 February 2003 on the right of civil service workers to join workers’ unions, and article 10 of the Trade Union Act of 24 September 2002, both of which strictly prohibit government workers and employees to establish trade unions of their own choosing, are another flagrant violation of freedom of association.
3. 314. The complainant organization points out that it has made every effort to find an acceptable solution to this ongoing problem, including: repeated meetings during the last two years with the Minister of Labour, where the GFBTU explicitly raised the issue and indicated that a complaint would be filed to the ILO if a solution was not found; a joint meeting with the Minister of Labour, in presence of International Confederation of Free Trade Unions (ICFTU) and ILO representatives, where GFBTU officials requested the Minister to withdraw Circular No. 1 of 10 February 2003; communications sent on 5 June 2004 to the ILO Director-General, the Director-General of the Arab Labour Office (ALO), the General Secretary of the International Confederation of Arab Trade Unions (ICATU) and the General Secretary of the ICFTU; judiciary proceedings filed against the Council of Civil Service (the GFBTU attaches the court decision refusing to hear the case for lack of jurisdiction); press releases denouncing the problem; speeches delivered by GFBTU representatives at several sessions of the International Labour Conference (including the June 2005 session), at the Arab Labour Conference, and at trade union meetings inside and outside Bahrain.
4. 315. In its communication of 17 October 2005, the GFBTU provides: a copy of the letter of its General Secretary, requesting the Ministry of Transport to extend the Ministerial Decree concerning union leave to the executive officers of the Federation and to the President of the Trade Union of Post Office Workers; and a copy of the Ministry’s reply, which clearly indicates that it does not recognize the existence of the Trade Union of Post Office Workers since it falls within the context of a public service union. The letter states that it is not possible to grant union leave to public servants and that any trade union entity or organization which has not been established in conformity with article 10 of Act No. 33 of 2002 is considered illegal.
5. B. The Government’s reply
6. 316. In its communication of 19 July 2005, the Government states that the current Trade Union Act (the “Act”) promulgated through Decree No. 33/2002, was elaborated in consultation with the General Federation of Bahrain Trade Unions, as a social partner directly concerned by that law. Article 10 of the Act allows public servants, like their private sector counterparts, to join trade unions so as to benefit from the services offered by these unions.
7. 317. Although Bahrain has not ratified Convention No. 87, the authorities of Bahrain, with a view to safeguarding the interests of public servants, are currently examining amendments to article 10 of the Act, to authorize public servants to establish their own trade unions in order to defend their legitimate professional interests. The amendment is currently being debated in Parliament, which is the competent body for such amendments under article 32 of the Constitution; the Government cannot therefore interfere in that process.
8. 318. The Government adds that, with a view to furthering the work of trade unions, the Ministry of Labour has adopted Ministerial Decree No. 9/2005 on the right of paid union leave for trade union activities.
9. 319. In its communication of 8 December 2005, the Government mentions the utmost importance it attaches to the role of trade unions in the strengthening of cooperation between workers and employers, in order to improve the stability of industrial relations in the country. To this end, the Government makes constant efforts to help trade unions: it has adopted the Ministerial Decree mentioned above; in addition, it has granted 150,000 dinars and a piece of land to the GFBTU.
10. 320. As regards the prohibition to establish trade unions in the public sector, the Government points out that it flows from article 10 of Act No. 33/2002, which expressly and unambiguously provides that public servants may only join trade unions but that they cannot establish such organizations. On that legal basis, the courts have dismissed the lawsuit filed in this respect by the GFBTU. The Government reiterates that an amendment to article 10 is currently before Parliament; if it is adopted, public servants will have the right to establish trade unions like their private sector counterparts.

C. The Committee’s conclusions

1. 321. The Committee notes that this complaint concerns allegations of continued denial of the right to organize of public sector workers and employees, and refusal to grant union leave to trade union officers. The Government does not deny the allegations but replies that Parliament is currently discussing amendments to repeal the impugned provisions of the Trade Union Act, and to authorize public servants to establish their own trade unions in order to defend their professional interests.
2. 322. The Committee notes that under article 10 of the Trade Union Act, workers in any specific enterprise, sector or activity, or in any industries or occupation, which are similar or related to each other, have the right to establish a trade union, which workers governed by the Civil Service Regulations can join, as recalled by the Government in Circular No. 1/2003 of 10 February 2003, by stating that workers covered by Civil Service Regulations may not establish trade unions, but can only join such organizations which regroup workers having occupations or professions similar to theirs.
3. 323. Recalling that all public service employees (with the sole possible exception of armed forces and police) should, like workers in the private sector, be able to establish organizations of their own choosing to further and defend the interests of their members [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 206] the Committee notes the Government’s indication that Parliament is currently discussing an amendment to the Trade Union Act designed to settle the issue. Expecting that this amendment will be adopted and promulgated in the very near future, the Committee requests the Government to provide it with a copy of the draft amendment and to keep it informed of developments in that respect, including as regards recognition of the six public service unions whose registration has been repeatedly refused.
4. 324. Recalling that the right of workers to establish organizations of their own choosing implies in particular the effective possibility to create, if the workers so choose, more than one workers’ organization per enterprise [see Digest, op. cit., para. 280], the Committee requests the Government to ensure that any new legislation adopted enables the workers concerned in the public sector, as well as those in the private sector, to establish more than one union per enterprise, if they so wish. The Committee requests the Government to keep it informed of developments in this respect.
5. 325. Noting with interest that the Government has adopted Ministerial Decree No. 9/2005 concerning the right to paid union leave for trade union activities, the Committee requests the Government to provide it with a copy of the Decree and firmly trusts that necessary time off from work, without loss of pay, or social and fringe benefits shall henceforth be granted to workers’ representatives for the effective exercise of their trade union activities.
6. 326. The Committee reminds the Government that it may avail itself of the technical assistance of the International Labour Office.

The Committee's recommendations

1. 327. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee expects that the legislative amendment allowing public workers and employees to establish trade unions of their own choosing will be adopted and promulgated in the very near future. It requests the Government to provide it with a copy of the draft amendment and to keep it informed of developments in that respect, including as regards recognition of the six public service unions whose registration has been repeatedly refused. Moreover, the Committee requests the Government to ensure that any new legislation adopted enables the workers concerned in the public sector, as well as those in the private sector, to establish more than one union per enterprise if they so wish, and to keep it informed of developments in this respect.
   • (b) The Committee requests the Government to provide it with a copy of Ministerial Decree No. 9/2005 on the right to paid union leave for trade union activities.
   • (c) The Committee reminds the Government that it may avail itself of the technical assistance of the International Labour Office.