BHRWS

Labor Rights in the Kingdom of Bahrain Reality and Challenges
Prepared by: The Al Doy Trade Union Rights Center (DTURC) Under the umbrella of Bahrain Human Rights Watch Society (BHRWS)
On the Occasion of the Labor Day, The First of May, 2007

a. Introduction 2007 was considered an important year as per the labor rights in the Kingdom of Bahrain. Many trade union leaders in the Private Sector have been dismissed and many have been subjected to administrative harassments in the Public Sector where trade unions have not yet been recognized by the Government. An example of such leaders is unionist Najiyyeh Abdul Ghaffar of the Post Office Trade Union. Besides, the tragic situation of the expatriate labors in relation to their wages, accommodation, work, safety and so on, especially in the construction and contracting sector is continuing with lots of infringements and ongoing deterioration. The situation of expatriate labors and their appalling status is generating concerns from many local and foreign rights groups/organizations. This category of labors makes the greater portion of the workforce, but it still weak and unorganized. Besides, this labor sector is not represented in the labor trade unions or in the General Federation of Bahrain Trade Unions. The premises where expatriates work almost lack the basic conditions that cater for human rights. The expatriate laborers are not represented in the trade unions, thus, have no right to practice collective negotiations nor have they got the right to go on strikes. These expatriate laborers, who recently carried out a number of walkouts to complain about poor conditions, delay in wage payment, discrimination and low wages, comprise 70% of the laborers (especially Asian) in the private sector. There is an increasing concern and frustration due to the restricted walkout which is lawful according to the Bahrain Labor Law. The budget of the General Federation of Bahrain Trade Unions (GFBTU) is still subsidized by the Government although the GFBTU continues to collect contributions from unions. The economic, social and cultural rights are considered similar to the right to work, the right to strike, the right to enjoy health and health care for laborers the importance of which is not less than those of the economical and social rights. As for the right for job opportunities, the report points out a retreat in the ability to provide such job opportunities along with general decline in the level of the actual wages to a degree that leaves most workers under the bottom line of poverty. The report also records violations relating to the safe work conditions.

b. Positive aspects The Labor Law for the Private Sector is distinct from the other GCC countries. It allows the formation of trade unions, although this law is still below the International Labor Organization Standards. A new labor law draft is being discussed by the legislative authority and the Ministry of Labor claim that this drat law is advanced and conformant to the international labor standards. However, the GFBTU stated that it has some defects and that many of the suggestions forwarded by the GFBTU in the draft law were omitted. The draft law provides for the right to form labor unions and the right of GFBTU to establish unions for the Bahrain laborers, but it did not allow for multi-unions. It only allows for one union per each establishment without a prior permission to form one. The draft law does not allow the Government employees to form labor unions. An amendment to the draft law is currently being discussed by the legislative authority. Unions are not subject to the administrative solution and are thus not allowed to participate in the political activities.
c. Causes for concern Poor conditions of laborers of whom are expatriates The Trade Union Law does not prevent expatriates from joining the unions, but they prefer to stay away from the activities of the unions. Al Doi Center encourages the Government of Bahrain to take the necessary measures to provide complete protection to all expatriates against discrimination. The Center also calls upon the Governemt to eliminate all obstacles that prevent these laborers from enjoying their economical, social and cultural rights, especially, education, housing and health. Until 2007, bilateral agreements which the government of Bahrain reached with the countries of origin of an important substantial number of expatriate workers in Bahrain were not concluded. The Center also expresses concerns toward a substantial volume of discrimination against expats working in house labor, especial female expats from Asia, in particular their work conditions and their inability to benefit from the protection postulated by the Labor Law for the Private Sector, which comprises harsh discrimination against these female laborers in relation to their gender/ethnic origin. The Center urges the Government to take prompt effective measures to prevent and handle the serious and dangerous problems that such laborers usually face in the houses, such as holding their travel documents, illegal confinement in the house, rape, physical abuse, etc. as well as informing them of their rights. A new law that enjoys consent of the three parties (Government, laborers, and the business people) which conforms to the standards of the International Labor Organization must be introduced to provide appropriate protection for the expatriate laborers who comprise 70% of the labor force. Besides, the Government is urged to totally stop the dismissal of union leaders and refrain from exposing them to harassment because of their unionist activities.

The right to approved strikes without restrictions: The Law gives the right to strike, which is considered one step forward, nevertheless, there are many limitations. For example, in the case of dispute between workers and their employer, endeavors must be made to reach amicable solution for the dispute. If the conciliation committee failed in the arbitration the law suggests more reconciliation and arbitration. Strikes are prohibited in the “vital public institutions”. The list includes, Security, Civil Devence, Airports, Seaports and transportation, which goes beyond the definition of the International Labor Organization for vital Services.
Collective negotiations: The current Labor Law does not particularly postulate for the collective negotiation.

Human Trafficking The Kingdom of Bahrain is considered a destination for men and women from a number of countries from South Asia, Philippines, - and with less volume- China, Indonesia, former USSR, Morocco and Ethiopia. The trafficked victims are subjected to drudgery. The Kingdom started to legislate and enact some judiciary standards to apply to the trafficking of people, hence, exerting substantial efforts in implementing them. The Law does not cover house maids, although they can appeal for justice before courts, but this is subject to very long procedures. The Kingdom of Bahrain decreed a comprehensive law to combat people trafficking and published lots of booklets and had them translated into languages such as Urdu, Thai, Sinhalese, English and Pilipino to be distributed among expatriate workers. The Kingdom also published a booklet that comprises the rights and obligations of expatriate laborers.
Lack of protection for expatriate laborers in relation to their retirement rights. Also there is no minimum wage limit, thus, the expatriate workers, especial the unskilled, receive very law wages. The employment agents play a role in exploiting such laborers. Besides, the sponsorship system is one of the reasons behind these workers falling victims of exploitation and ill treatment. The “free visa” workers are one results of the sponsorship system as it represent one aspect of exploitation and drudgery, where the types of exploitation is widely practiced. The lack of effective inspection on premises and labor accommodation is another cause for these premises to lack the least hygienic and humane conditions and the absence of safety means which leads to fatal accidents and the spread of contagious diseases. The lack of effective and efficient claims mechanisms and the procedures of the labor courts are reasons of labors not receiving their fair rights.

Recommendations
It is necessary that the unionist and labor rights are observed. Laws must ensure the rights of laborers. House labor must be included under the umbrella of the labor law. A deterrent legislation must be postulated to deter those who violate the labor rights. There must be a minimum wage limit. Labor inspection must be facilitated. The unionist organizations must be supported and enhanced. The right must be granted for the employees in both the private and public sectors go form unions. There must also be a total halt of harassments and dismissal to unionists. Labor legislations must be amended to conform with the International Labor Standards, especially the right to strike and respecting the right of the working woman. Facilitating surveillance of expatriate labor accommodation. Executing speedy labor courts.

Push to protect expat workers

By BEGENA P PRADEEP

A CALL went out yesterday to further protect the rights of expatriate workers in Bahrain. There are no law prohibiting expatriate employees from joining trade unions, but they prefer to stay away out of fear of losing their jobs or not advancing in the company, the Bahrain Human Rights Watch Society (BHRWS) to mark the International Labour Day, which falls today.

"The government should provide adequate protection for expatriates who make up 70 per cent of Bahrain's labour force," said society regional and international relations director Faisal Fulad.

"Necessary measures must be taken to provide full protection to expatriates from racial discrimination, and prevent their economic, social and cultural rights from being violated.

"Bahrain should sign bilateral agreements with all countries whose citizens work in the kingdom in significant numbers, like the recent ones signed with India, Nepal and Sri Lanka."

Mr Fulad said that the dismissal of trade union leaders without substantial reason will not be tolerated.

"In the event of a dispute between workers and employers, they must first seek an amicable settlement of the dispute through reconciliation and if this fails, further steps are taken," he said.

Mr Fulad also called for better measures to eliminate human trafficking.

"Much of Bahrain's expatriate workforce is subjected to forced labour and the government is trying to deal with this alongside eliminating human trafficking," he said.

"The rights of domestic employees are often violated as there is no established minimum wage for them.

"The Bahrain Labour Act does not cover domestic workers, although they could seek justice at the courts, which are normally a lengthy procedure.

"We are also concerned about the presence of a great deal of prejudice and discrimination against domestic help, particularly women from Asia.

"These women do not benefit from the protection given by law to expatriate employees in the private sector."

"Bahrain can ensure workers' rights only if trade unions and labour laws are respected.

"There needs to be regular labour inspection to ensure that workers' rights are protected

http://www.gulf-daily-news.com/Story.asp?Article=216104&Sn=BNEW&IssueID=31042

Unionists allege harassment by govt
Sandeep Singh Grewal
Staff Reporter

The suspension of Postal Workers Union (PWU) office-bearers took a turn for the worse yesterday with the government probe panel summoning president Jamal Atteq Juma for explanation for hobnobbing with the Press.
As hundreds protested against the suspension of vice-chairman of PWU Najeeha Abdul Ghaffar outside the Muharraq post office yesterday, Juma told the Tribune that the panel had asked him to be present tomorrow and explain why he aired his grievances to the media.
Incidentally, Najeeha has also been suspended for the same reason. She received a 10–day suspension notice effective from yesterday. She will not be paid wages for the period according to a copy of the notice secured by the Tribune.
“I did not invite the Press during my five-day hunger strike in December. The authorities want to put pressure on us by pressing baseless charges,” said Juma.
He said the notice handed by the Postal Directorate at the Ministry of Transport and the Civil Service Bureau asks him to attend the probe panel meet. “They are pressing the same charges against me which I am not ready to accept. They could suspend me for 10 days like Najeeha,” he said.
Meanwhile, unionists showed up in full strength demanding the management to revoke the 10-day suspension notice given to Najeeha.
“ We are calling upon the ministry to reverse their decision of suspending Najeeha. They cannot continue harassing unionists,” said Abbas Bahari from the Bahrain Nursing Society.
The General Secretary of the General Federation of Bahrain Trade Unions, Abdul Qaffar Abdulla said that a complaint has been lodged at the International Labour Organisation highlighting the plights of Najeeha and Juma.
“We have sent letters to the Minister of Labour and taken the case of PWU at the ILO. The government should stop harassing unionists and allow trade unions to be formed in public sector,” he said. Najeeha’s case has also been taken up by the Women’s Trade Union at the Arab Women Organisation.
“We will be holding a series of meeting with government bodies regarding Najeeha’s case,” said Women Union head Suad Mubarak. Several employees of the Muharraq post office stayed away from the protest in fear of facing problems with the management.
Tribune spoke to Najeeha who thanked all the unionists to show their support. She said her case hearing was slated tomorrow and did not want to make any comments as it could affect the case.
Ibrahim Sharif, a political activist, urged the authorities to unionise government employees. “The authorities are talking about forming multiple trade unions which could encourage sectarian problems in companies. Bahrain signed the Free Trade Agreement with the US which demands human rights respect and recognition of trade unions.”