Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 380, Octobre 2016

Cas no 2882 (Bahreïn) - Date de la plainte: 16-JUIN -11 - En suivi

Allegations: The complainant alleges serious violations of freedom of association, including massive dismissals of members and leaders of the General Federation of Bahrain Trade Unions (GFBTU) following their participation in a general strike, threats to the personal safety of trade union leaders, arrests, harassment, prosecution and intimidation, as well as interference in the GFBTU internal affairs

1. 87. The Committee last examined this case at its March 2016 meeting, when it presented an interim report to the Governing Body [see 377th Report, paras 186–199, approved by the Governing Body at its 326th Session].
2. 88. The Government sent its observations in communications dated 8 March and 18 April 2016.
3. 89. 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. 90. At its March 2016 meeting, the Committee made the following recommendations [see 377th Report, para. 199]:
   • (a) Noting with deep concern the allegations of Abu Dheeb’s deteriorating health and the prison officers’ prevention of his receipt of necessary medication, the Committee 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 once again urges the Government to provide 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. The Committee further 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. The Committee draws the Governing Body’s attention to the serious and urgent nature of this aspect of the case.
   • (b) Bearing in mind the Government’s commitment in the 2012 tripartite agreement to work on the possibility of ratifying Conventions Nos 87 and 98, 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. 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.
   • (c) The Committee requests the Government to provide detailed information on the outcome of its investigations into, and to solicit information from the employers’ organization concerned, on the precise allegations of anti-union discrimination and interference by the employer in trade union affairs in the following companies: ALBA, BAS, ASRY, GARMCO, BATELCO, BAPCO, BAFCO, Gulf Air, Yokogawa Middle East, KANOO cars and Sphynx cleaning. 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.

B. The Government’s reply

1. 91. In its communication dated 18 April 2016, the Government indicates that Abu Dheeb, President of the Bahraini Teachers Association (BTA), was released on 4 April 2016, having served his sentence, and that complaints concerning his health in prison are not pertinent at present. It further states that the BTA was a civil society organization, established in 2001 in accordance with the Association, Social and Cultural Clubs, Special Committees Working in the Field of Youth and Sports and Private Institutions Act (Act No. 21 of 1989, as amended), which prohibits associations from engaging in politics or conducting business outside the scope of the goals for which they were established. Since the BTA contravened national laws regulating the activity of such institutions, it was dissolved in 2011, but according to the Government there is nothing to prevent individuals from forming professional associations within the framework of adherence to the current procedures and laws. However, the Government indicates that no new application to establish an association of this type had been filed.
2. 92. 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 relevant agencies in the Ministry of Labour and Social Affairs had been in contact with the trade unions in the aforementioned companies and had investigated their situation. The Ministry found that the trade unions continued to conduct their activities normally and their activists enjoyed all of the rights established under the Trade Union Act. The Government further indicates that a number of unions had reformed their governing bodies in accordance with the laws and regulations governing the matter and reaffirms that the Ministry of Labour and Social Affairs will investigate any complaint received from the mentioned unions and take the necessary measures, in accordance with the established laws and regulations of Bahrain.

The Committee’s conclusions

1. 93. 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. 94. As regards recommendation (a), the Committee welcomes the Government’s indication that Abu Dheeb was released from prison on 4 April 2016 but notes that Abu Dheeb was only released after having served his sentence. The reasons for his detention thus remain unclear, especially considering that the Government has still not provided copies of the judgments condemning Abu Dheeb and Jalila Al-Salman, which could, in the Committee’s view, clarify whether they had been wrongfully sentenced and detained for the exercise of legitimate trade union activity. The Committee deplores the nature of the Government’s reply which simply states that the complaints concerning Abu Dheeb’s health and safety prior to his release are no longer relevant and which does not provide any information on the issue or indicate the measures taken to investigate these allegations, especially in view of their serious nature. The Committee urges the Government to carry out an independent inquiry without delay into these allegations and to provide copies of the judgments condemning Abu Dheeb and Jalila Al-Salman as well as any information relating to their appeals.
3. 95. The Committee further notes the Government’s statement that the BTA had been registered under Act No. 21 but had been dissolved in 2011 for having contravened national laws, including for having engaged in politics, and that although there is nothing to prevent individuals from forming professional associations within the framework of the current procedures and laws, no new application to establish an association had been filed. Recalling that workers should have the right to form organizations of their own choosing regardless of their political opinions, the Committee requests the Government to inform the workers concerned that, should the BTA wish to re-establish, it will be able to do so without encountering any legislative or administrative obstacles.
4. 96. With regard to recommendation (b), the Committee notes that the Government does not provide any new information. Bearing in mind the Government’s commitment in the 2012 tripartite agreement to work on the possibility of ratifying Conventions Nos 87 and 98, the Committee expects consultations to be held with relevant parties without delay on this and on bringing the Trade Union Act into conformity with freedom of association principles, taking into account the Committee’s previous comments. The Committee draws the Government’s attention to the importance of respecting its previous commitments and once again reminds the Government that it can avail itself of ILO technical assistance. The Committee requests the Government to keep it informed of any developments in this regard.
5. 97. As regards 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 regrets that the Government neither provides detailed information on the outcome of its investigations into the precise allegations that had been made concerning these companies nor submits observations from the employers’ organization concerned. The Committee further notes that the Government repeats what it had previously stated, in particular that investigations were conducted, the trade unions continue to function, their activists enjoy the rights under the Trade Union Act, a number of unions reformed their governing bodies and that the Ministry will investigate any complaint it receives. Bearing in mind the repetitive nature of the Government’s reply, the Committee is obliged to request the Government once again to provide detailed information on the outcome of the investigations into, and to solicit information from the employers’ organization concerned on the precise allegations of anti-union discrimination and interference by the employer in trade union affairs in the abovementioned companies. 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.

The Committee’s recommendations

1. 98. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • The Committee urges the Government to carry out an independent inquiry without delay into the allegations concerning Abu Dheeb’s health and safety prior to his release and to provide copies of the judgments condemning Abu Dheeb and Jalila Al-Salman as well as any information relating to their appeals.
   • Recalling that workers should have the right to form organizations of their own choosing regardless of their political opinions, the Committee requests the Government to inform the BTA that, should it wish to re-establish, it will be able to do so without encountering any legislative or administrative obstacles.
   • Bearing in mind the Government’s commitment in the 2012 tripartite agreement to work on the possibility of ratifying Conventions Nos 87 and 98, the Committee expects consultations to be held with relevant parties without delay on this and on bringing the Trade Union Act into conformity with freedom of association principles, taking into account the Committee’s previous comments. The Committee draws the Government’s attention to the importance of respecting its previous commitments and once again reminds the Government that it can avail itself of ILO technical assistance. The Committee requests the Government to keep it informed of any developments in this regard.
   • The Committee requests the Government to provide detailed information on the outcome of the investigations into, and to solicit information from the employers’ organization concerned on the precise allegations of anti-union discrimination and interference by the employer in trade union affairs in the following companies: ALBA, BAS, ASRY, GARMCO, BATELCO, BAPCO, BAFCO, Gulf Air, Yokogawa Middle East, KANOO cars and Sphynx cleaning. 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.