To esteemed Mr. / Juan Somavia
Director of the ILO
October 10, 2011
Greetings,
Subject: Bahrain’s commitment to decent work standards and the violations against trade union action
On the occasion of World Day for Decent Work which falls on October 7 of each year, we first congratulate you on this occasion and thank you for the accurate and special follow up you provide to the workers’ conditions in the Bahrain. With reference to our letter sent to you on June 8th, 2011 regarding the violations that workers suffer from and the situation with unions, we now address the issue again in light of recent developments.
To esteemed Mr. / Juan Somavia
Director of the ILO
October 10, 2011
Greetings,
Subject: Bahrain’s commitment to decent work standards and the violations against trade union action
On the occasion of World Day for Decent Work which falls on October 7 of each year, we first congratulate you on this occasion and thank you for the accurate and special follow up you provide to the workers’ conditions in the Bahrain. With reference to our letter sent to you on June 8th, 2011 regarding the violations that workers suffer from and the situation with unions, we now address the issue again in light of recent developments.
Since Mr. Guy Ryder’s visit to Bahrain, together with a delegation including a representative of the International Labour Organization in April of this year, the Government of Bahrain announced the formation of a national committee chaired by the Minister of Labour Mr. Jamil Humaidan to discuss the situation of the laid-off workers. However, instead of stopping the dismissals that were based on political and sectarian discrimination in light of the formation of such Committee, the dismissals are now increasing according to the statistics provided by the General Federation of Bahrain Trade Unions where the number of laid off workers recorded by the 27th of September was (2724) workers of both genders[1]. Dismissals also include more than 50 trade unionists and it is expected that the actual number is much more than that, if we take into account the number of detainees who were arrested in light of the recent political movement that the government has suppressed in March but continues the killing and torture to date.
The above mentioned national committee concluded its report and within it mentioned that the vast majority of dismissals were contrary to the Bahrain Labour Law[2], however the number of workers who were returned to their jobs is very limited . Also, the report does not mention the cases of workers who were repatriated to their jobs yet subjected to extortion in terms of forcing them to waive their rights to receive the wages of the months in which they were dismissed or suspended from work in, or making them choose between the continuation of the dismissal or returning to work with contracts with new unfair conditions or forcefully change their working positions[3], bearing in mind that the major dismissals/harassments took place in companies either wholly owned by the government or those of which the government owns majority of shares in, as well as government sector entities and organisations[4].
The latest update is that, in addition to separation processes, the government began to refer a number of labour unionists to the criminal courts accusing them with charges that are not clear under the current regulations. Also, there were referrals to the Court received by the President of the Gulf Air Union and two employees of the company, and by the Chairman of the DHL union and 6 others members of union and a number that is currently unknown of the laid off workers from the public sector. According to information confirmed at BCHR, some staff who were laid off in Ministry of Information, Ministry of Education and the University of Bahrain all received subpoenas and will appear in courts for trials in mid-October[5].
At the level of trade union action, Targeting the trade unionists and trade unions independent organization is still going on, where they fired more than (50) trade unionists, and the companies freezed the regular meetings between them and the trade unions and stopped the deduction of contributions of workers in trade unions, despite the prior written agreements between the parties, as well as the marginalization practiced by departments of a number of companies, in terms of forming a mock labor committees in the facility and meetings with trade unions ignoring the unions which were formed on base of the law of Bahrain Trade Unions and its members were elected by the public in their conferences[6].
Finally, the King of Bahrain issued a royal decree amending the Trade Unions Act[7], in which he approved the trade union pluralism at one establishment and on the level of labor unions, which is a good practice that conform with the international standards in this regard, but all the other articles come in the context of the striking the movement of independent trade union in Bahrain. The law states that the Minister of Labour is responsible for determining which of the trade unions or associations has the right to collective bargaining and representation of workers of Bahrain in the Arab and international forums, which is contrary to what was provided in the law of labour previously, as the legitimacy of representation of the Union or the federations is given to the most representative union of workers, and not a ministerial decision. In addition the law deny the trade unionist the right to run for administration membership of any labor organization for 5 years if it is proved that he is responsible for resolving trade union organization.
The recent amendments to the law on trade unions come in the context of the ongoing attack on the labor and union movement, and we are in the Bahrain Center for Human Rights express our deep concern of these arbitrary procedures against the workers and their autonomous institutions.
We address you in conjunction with the anniversary of decent work, which the workers of the world celebrate the World Day for Decent Work, and recall in this framework the agreement concluded by the ILO in March 2010, and on the sidelines of the Arab Labour Conference, with the Government of Bahrain, represented by the Ministry of Labour and with the participation of the General Federation of Bahrain Trade Unions and the Bahrain’s Chamber of Commerce and Industry[8], on the implementation of the Decent Work Agenda, and we wondered, how can work be decent in Bahrain while all of the above violations occur every day and still continuing.
The Center urges you to take actions in your organization based on that agreement, and urging the Government of Bahrain to abide to the international labor standards, both those included in the Decent Work Agenda, or declaration of fundamental principles at work, in addition to the conventions ratified by Bahrain.
The Bahrain Center for Human Rights, documented and documents daily arbitrary actions that affect the workers and trade union organizations in Bahrain, and will give you in the coming weeks a comprehensive report of cases of dismissals and the campaign that the trade union movement in Bahrain is exposed to.
We would like to emphasize also that the Bahrain Center for Human Rights is ready to provide any documents now at your request to draw a clearer picture of the violations by the regime against the rights of workers in Bahrain.
Again, please accept our sincere thanks.
Nabeel Rajab,
President of the Bahrain Center for Human Rights
On October 10, 2011
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Please find all supportive documents linked in the references below.
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[1] According to the latest list issued by the General Federation of Bahrain Trade Unions. [2] 1300 workers entitled to return to work after arbitrarily dismissal, AlWasat newspaper, 07 July 2011 http://www.alwasatnews.com/.. [3] A copy of the conditions that the workers are forced to sign and accept in order to return to their jobs (Gulf Air – ALBA) gulf-air-contract [4] HRW: Bahrain: Revoke Summary Firings Linked to Protests hrw.org/news/2011/07/14/bah.. [5] Copy of summon to trial
Copy of referral to interrogation at ministry of interior, this was sent to an employee at the information affairs authority
[6] ITUC: Bahrain’s Anti-union Repression www.ituc-csi.org/bahrain-s.. [7] Text of the decree law amending some provisions of the Trade Unions Act www.bna.bh/portal/ne.. [8] The statement issued by the ILO on the signing of the agreement http://www.ilo.org/public/arab..