Bahrain - 2011

Population:
Capital: Manama
There was a marked increase in strikes and walk-outs by both local and migrant workers in 2010, with most strikes in construction companies. Migrant workers, estimated at some 70-80% of the workforce, continue to face discrimination despite a welcome end to the sponsorship system. Workers enjoy only limited trade union rights, and only one union is allowed at each workplace.

reported violations - 2011

Documented violations - actual number of cases may be higher

Background

Elections were held in October despite a boycott boycott A collective refusal to buy or use the goods or services of an employer to express disapproval with its practices. Primary boycotts are used to put direct pressure on an employer, while a secondary boycott involves the refusal to deal with a neutral employer with the view of dissuading it from patronising the target employer. from several opposition parties and amid allegations of vote rigging and the detention of several opponents for criticising Bahrain’s human rights record. The economy is forecast to improve but unemployment continues to be a long term problem. In April the Bahraini Parliament approved a minimum wage law but only for government employees and members of the Armed Forces.

reported violations- 2011

Documented violations - actual number of cases may be higher

Trade union rights in law

Despite some initial guarantees, trade union rights are not adequately secured. The Constitution recognises the right to form a union for lawful objectives and by peaceful means, provided that the fundamentals of the religion and public order are not infringed. Only one trade union is allowed at each workplace, and all unions must belong to the General Federation of Bahrain Trade Unions. A law that would have allowed more than one trade union per company was vetoed by the Shura council in February 2009. Workers in the private sector are protected against anti-union dismissal, and the law provides for the possibility of reinstatement. While foreign workers may join trade unions, they are not sufficiently protected in law.

Workers are not allowed to engage in collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
, however the government has promised to adopt a law in this regard. A lawful strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
can only be called after three-quarters of the members of the union’s general assembly approve of the action. The list of “essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.

See Guide to the ITUC international trade union rights framework
” vastly exceeds the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights
definition.

reported violations - 2011

Documented violations - actual number of cases may be higher

In practice

Migrant workers: abuses remain:

Bahrain has taken serious steps to reduce human trafficking, but problems remain. Bahrain was the first country in the region to grant migrant workers the right to organise and the first country to abolish the “Kafal” (sponsorship) system. Anti-trafficking laws are also in place. Nevertheless, the Labour Market Regulatory Authority estimates that approximately 10% of migrant workers are in Bahrain under illegal “free visa” arrangements - a practice that can contribute to debt bondage - while others put the figure at 25%.

Most migrant workers are employed in domestic work, entertainment and construction, and come mainly from Asia and some African countries. Despite the end of the sponsorship system they face serious discrimination and women migrant domestic workers are particularly vulnerable to abuses. The withholding of passports remains the norm. In January 2010 alone, Bahrain saw two cases of suicide and two cases of attempted suicide by migrant workers.

reported violations - 2011

Documented violations - actual number of cases may be higher

Violations

Nursing union closed:

On 23 March authorities closed down the Bahrain Nursing Society. A member of the trade union, Ibrahim al-Demastani, was released on bail after a week in detention. Al-Demastani, a nurse, had reportedly administered first aid to Husain Ali Hasan al-Sahlawi, who was accused of violent demonstration and subsequently shot at by Special Forces. Another defendant, Abdul Aziz Shabib, an X-Ray Technician, was also arrested and later released on bail. Both individuals were accused of abusing their professional positions and hiding a wanted man.

The Bahrain Nursing Society defended al-Demastani and asserted that he was carrying out his ethical duties and that even in a state of war, health care professionals are obligated to treat everyone. It is believed that this statement led to the closure of the society.

Striking migrant construction workers forced to leave: Hundreds of construction workers went on a two-day strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
at the start of July to protest underpayment and poor living conditions. The strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
was called off after the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
leaders reportedly agreed to leave Bahrain and return home. The company director said that 10 men who had been “instigating the workers” to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
had agreed to voluntarily leave the country and return home while complaints about living conditions, wages and overtime would be looked into. However, the Bahrain Human Rights Watch Society stated that the men had feared they were made into scapegoats and would be victimised if they stayed at work, so they had little choice but to accept repatriation despite their right to protest.
Strikers scared back to work : Some 450 workers, including 50 Bahrainis and others from India and the Philippines, at the Al Sharqiya Mixed Concrete Company staged an impromptu strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
over pay issues on 2 November. The workers complained that they had been unfairly discriminated against over pay rises. They returned to work a day later after management threatened that their strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
was illegal due to a lack of notice and that they would therefore be sacked or, in the case of the foreign workers, deported. The workers however warned they could strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
again if their demands for pay rises were not met. Bahraini employees were paid twice as much as non-Bahrainis.
Forced labour and withholding of documents:

In late July it was reported that around 115 migrant workers from the Indian states of Tamil Nadu, Rajasthan and Andhra Pradesh were stranded in a Tubli labour camp without food or water. The workers claimed that they had not been paid nor worked for three months and that the employer, the S Projects Company, had cut off electricity supply to the camp. The workers had had their documents removed, as is commonplace in Bahrain. Labour Ministry officials and the Indian Embassy tried to obtain passports and payments from the company and arrange for the workers to return to India. Complaints were also filed. The S Projects Company was previously known as Royal Tower Construction, which operated a Gudaibiya labour camp that was destroyed by fire in 1996 - killing 16 Indian workers whose families are still waiting for compensation despite a court order.

In a separate case in November 2010, 16 migrant workers from India lodged a compliant at the Indian Embassy over their treatment at the hands of the Suney Cleaning Company. The men alleged that they had not been paid for months and had no money to live. The company finally agreed to pay the outstanding wages and return the passports.

Domestic workers abused:

In August reports emerged of the abuse of Salma Begum, an Indian migrant who fled her employer on 3 August after physical and mental abuse, non-payment of any wages and withholding of documents. Ms. Begum was promised a monthly salary of BHD 50 but did not receive any money, was subjected to daily beatings and denied adequate food and sleep. After visiting the Indian Embassy, Ms. Begum attempted to file a police complaint but was told that her employer had already reported her as a runaway worker.

In November, the General Federation of Bahrain Trade Unions (GFBTU) called for strict new regulations to help protect the rights of domestic workers, including the provision of contracts in advance to domestic workers and the issuing of mobile phones. The calls came after another case of abuse of a foreign domestic workers emerged. Filipino Imelda Munar, 40, suffered serious head injuries on 5 November after she tried to escape from the second floor of her sponsor’s apartment. Ms. Munar reportedly wrapped herself in a blanket before jumping from the balcony in an attempt to minimise the risk of injuries. According to the GFBTU there is an increasing number of suicides and abuse cases among foreign domestic workers.

reported violations - 2011

Documented violations - actual number of cases may be higher

Briefings

From Bahrain to Malaysia: Mobilising to Defend Migrants' Rights
From Bahrain to Malaysia: Mobilising to Defend Migrants’ Rights

Videos

The Cost of Living
The Cost of Living
Video message from Salman Jaffar Al Mahfoodh (GFBTU- Bahrain)
Video message from Salman Jaffar Al Mahfoodh (GFBTU- Bahrain)

Interviews

Gros plan sur Fadhel Abbas Ali (GFBTU-Bahreïn)
Spotlight interview with Fadhel Abbas Ali (GFBTU-Bahrain)
Spotlight on Salman Jaffar Al Mahfoodh (GFBTU- Bahrain)
Spotlight on Salman Jaffar Al Mahfoodh (GFBTU- Bahrain)

reported violations

Documented violations - actual number of cases may be higher
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