ITUC: The
year was marked by sustained protests and a violent crackdown by the
authorities alongside a pervasive campaign against trade union members and
ordinary workers participating in the protests.
In
March, troops from neighbouring countries were deployed and martial law
declared in efforts to contain the protests. Autumn elections to replace
parliamentarians who resigned over the handling of the protests were boycotted
and denounced by opposition groups.
Migrant
workers were victims of systematic violence. In November, King Hamad promised
to implement reforms after the release of a highly-critical report by the
Independent Commission of Inquiry which detailed beatings, torture, arbitrary
arrests, dismissals and a range of other serious rights violations aimed at the
country’s trade unions in particular. However, violent and deadly dispersals of
protests continued till the year’s end.
Violent repression of protests
Protests
erupted in Bahrain
on 14 February, the anniversary of a 2002 referendum which approved the
National Action Charter, which included the ruling family’s commitment to
democratic reforms. Thousands of demonstrators marched in the capital Manama and other cities.
Police used teargas and live ammunition against demonstrators leading to the
death of a male protestor. The following day, police again killed one person
during the protestor’s funeral procession. Demonstrations, violent reprisals
and deaths continued throughout February and March. While protestors sought to
stress the non-sectarian and secular nature of the protests, many saw the
protests as being symptomatic of the tensions between the majority Shia
community and the minority Sunni leadership.
In
February, the General Federation of Bahrain Trade Unions (GFBTU) announced a strike
which was widely supported by trade unions. This was then called off following
government promises to respect the right to peaceful protests. This promise was
not respected.
(Video added by Labour time)
On
15 March the authorities issued a State of National Safety (SNS) – a state of
emergency - and troops from neighbouring countries including 1000 from Saudi Arabia
were deployed. The monument in the middle of the Pearl
roundabout was demolished as an attempt to symbolically cleanse the city of the
main focal point for protestors. Hundreds were injured. In the weeks that
followed, the authorities arrested hundreds of protestors and dragged people –
mainly Shiites - from their homes and into detention. Many were tortured and most
had no access to legal support or outside contact. Troops occupied the main
Salmaniya hospital where protestors were taken for treatment; ambulances were
prevented from transporting casualties, with the wounded being treated in
mosques and houses, often secretly.
In
April, the authorities released some 300 people from detention while at the
same time arresting others. On 1 June, martial law was lifted but fresh attacks
on protestors in towns and villages around the capital took place the next day.
Sentencing of detainees, often in military courts, continued until October with
estimates of those imprisoned coming to some 2,500. Torture and forced
confessions were widespread and sentences were heavy. Human rights groups
estimate that at least 34 people were killed during the protests and at least
four people died in custody after torture. Hundreds were injured.
The
year ended with shocking brutality against peaceful demonstrators on 1 December
and 16 December, Bahrain’s
National Day. Scores were injured after being tied up and beaten. The injured
were taken to private homes for treatment due to the continued repression of
medical workers and their patients. The protests had been timed to coincide
with a four day visit of the UN and Bahrain’s National Day.
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,
however the government has promised to adopt a law in this regard. A lawful 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”
vastly exceeds the ILO definition.
Migrant workers -
abuses remain and discrimination rife:
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, it is estimated 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%. 77% of the workforce is made up
of migrant workers, most of whom come from South Asia
and work in low-skilled, low-paid jobs. The majority are highly vulnerable
temporary workers, concentrated in the construction industry and domestic
service sector, where working and living conditions are harsh.
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.
2011 saw a marked increased in the number of
complaints from foreign domestic workers with some 216 official cases. Most
concerned the non or late payment of wages. Households were also increasingly
using illegal means to hire domestic workers due to the sharp increase in
charges from labour agencies after the temporary ban on foreign workers imposed
by sending countries during the protests. The breakdown in the rule of law during
the protests resulted in increasing violence and the emergence of xenophobia
against South Asian migrants exacerbated by sectarian issues.
Violence towards
migrant workers:
In the midst of the political crisis, the General
Federation of Bahrain Trade Unions (GFBTU), reported attacks on workers
including migrant workers. Since 17 March, eight migrant workers have died and
approximately 88 sustained various injuries. Ten Pakistanis are in a critical
condition. Seven Bangladeshis have been hospitalised, three have died and four
are under treatment. The murder of a Bahraini man by a Bangladeshi worker
sparked angry reactions from politicians. The Bahrain
government put a ban on recruitment of any further ‘untrained’ workers from Bangladesh.
Many migrants are unable to leave or unwilling to
leave due to outstanding debts. Some were relocated to safer parts of Bahrain but
many have remained in the middle of the conflict areas. One Sunni Bangladeshi
national was reportedly attacked by Shiite demonstrators who cut off his
tongue. Temporary bans were put in place by many sending countries during the
protests.
Systematic violence towards migrant workers in Bahrain and
south Asians in particular intensified during the protests. Bangladeshi, Indian
and Pakistani expatriate communities were targets of widespread violence and
intimidation which was further fuelled by reports of the government recruiting
mercenaries from South Asian countries, in particular Pakistan.
Some
Bangladeshi expatriates in Bahrain
say they have been forced to take part in pro-government rallies. Violent
attacks have been exacerbated by the fact that Bangladeshi and Pakistani
migrants are predominately Sunni and seen as pro-regime by many.
(Video added by Labour time)
Groups have also claimed that the influx of Sunni
nationals from outside in the last 15 years is the government’s attempt to
change the sectarian demographics of Bahrain. Reports also emerged of
migrants being recruited to take the place of dismissed and striking workers in
violation of the right to strike
and putting migrants further at risk as they cannot easily refuse.
Over 2000 expatriates fleeing their homes sought
refuge at the Pakistani embassy after attacks by protestors on their
neighbourhoods. In one instance, 40 South Asians were locked in a restaurant
which protestors then attempted to set on fire before being stopped by
intervention from community leaders. Discriminatory legal structures such as
the kafala system and the multi-tiered visa process which gives different
levels of rights to individuals based on nationality further entrench
xenophobic attitudes.
Violations
Dismissals in
public and private sectors for involvement in the protests:
Between 2,600 and 3,500 workers in both the public and
private sectors were dismissed for their alleged involvement in the protests of
2011. Many workers had to identify their co-workers from police photographs of
marchers. The government has so far failed to reinstate the vast majority. Some
of those who have been reinstated had to agree to unacceptable and illegal
conditions to get their jobs back, including agreeing not to join a union.
Government workers, especially those in health,
education and municipal services, continue to be suspended or fired for their
actual or suspected participation in trade union and political activity earlier
in the year. Numerous trade union leaders are also now facing criminal
prosecution.
Campaign against
trade unions and the General Federation of Bahrain Trade Unions (GFBTU):
The government pursed a sustained campaign against
trade unions. Many trade union members and activists were targeted for
imprisonment and accused of leading a conspiracy to overthrow the regime.
Salman Jaffar Al Mahfoodh, the General Secretary of the GFBTU was arrested
along with many from the GFBTU leadership. By the end of 2011, six members of
the GFBTU executive board remained dismissed, as well as some 44 members of the
executive board of GFBTU-affiliated unions.
In November, the government announced the dissolution
of the GFBTU and unilaterally amended the trade union law to prohibit the
establishment of a general federation of labour, such as the GFTBU; empowering
the Minister of Labour to determine which union federation engages in national
level bargaining and represents Bahraini workers at international fora; and
prohibiting trade union leaders found guilty of charges from running again for
five years.
It is feared that an amendment to allow multiple
unions and to prohibit unions based on religious or sectarian lines will be
used to deregister existing trade unions by falsely claiming they were formed
on sectarian lines.
Teachers union
leaders arrested:
Despite national legislation which prevents the
unionisation of teachers, the Bahrain Teachers Association has generally acted
as a union. In April, however, it was dissolved. On 25 September, the president
and female former vice-president, Mahdi ’Issa Mahdi Abu Dheeb and Jalila
al-Salman were sentenced to ten and three years’ imprisonment respectively by
the First Instance Court of National Security, a military tribunal. Jalila
al-Salman was taken from her home on 19 October by more than 30 security
officials, including riot police and later refused bail. Jalila was arrested
after speaking out about the continued repression and abuse of teachers in Bahrain.
It is believed that both Jalila and Madhi were
targeted solely on account of their leadership of the BTA and for peacefully
exercising their rights to freedom of expression, association and assembly.
Both alleged that they have been subjected to beatings and abuse while in
prison. Another nine BTA officials are facing criminal prosecution, including
the General Secretary, Mrs Sana Abdul Razzaq.
Nineteen students at Bahrain University
were arrested alongside members of the Teachers’ Association and the payment of
salaries of certain lecturers and union members was stopped. 111 employees of
the Education Ministry were reportedly punished for participating in protests.
The employees will reportedly be prosecuted for “flagrant violations” of the
country’s civil service law, as a teachers strike during the
protests was described as politically motivated and aimed at “crippling schools”.
Over 8,000 teachers have been affected since the beginning of the crackdown.
Education institutions were closed and salaries not paid or delayed. According
to the BTA, 2,500 teachers have been brought in from Egypt to replace dismissed Bahraini
teachers. Another 6,500 unqualified local recruits have been hired.
Beatings, arrests
and death sentences for medical staff:
On 23 October, sentences were confirmed for a group of
20 doctors, nurses, and paramedics on charges including forcibly taking over
the Salmaniya Medical Complex and refusing treatment to patients based on
sectarian affiliation.
The court also convicted them of transparently
political offences, such as “instigating hatred against the ruling system,”
“incitement to overthrow the regime,” and “spreading false news.” They were
handed sentences ranging from five to 15 years each. They reported abuse and
torture in detention including sexual abuse and weeks of solitary confinement.
Reports also emerged of the disappearance of some
medical workers.
Journalists
targeted:
At least 68 journalists working for two leading
Bahraini newspapers, Al Wasat and Al Bilad, were singled out for sacking,
arrests and charges of treason during the protests. Others were forced into
exile in a systematic harassment of independent media. Senior journalist
Mansour Al Jamry, editor -in-chief of Al Wasat and his colleagues Walid
Nuwayhid, the paper’s editing manager and Akil Mirza, member of the Bahraini
Journalists Association (BJA) lost their jobs in this campaign which affected
at least 68 media staff. In October, a court convicted the newspaper and fined
Mansoor Al-Jamri and Walid Nuwayhid, Aqeel Mirza, and Ali Al-Sharifi, a
journalist, 1000 Bahraini Dinars (Euro 2,015) for “publishing news that defamed
the image of Bahrain
abroad”.
Nazeeha Saeed a reporter for France24 and Radio Monte
Carlo was arrested on 22 May over her coverage of the repression and was badly
beaten by her interrogators. In October, Jamal Zuwayyed, a columnist with
Akhbar Al Khaleej, the oldest newspaper in circulation in Bahrain, was
attacked for his reporting of the protests. Photographer Mohammed Almoukhraq
was also beaten by security forces while covering the protests. On 9 December,
during a violent clash with police who overran a peaceful demonstration, two
New York Times staff were tear gassed and detained. The government claimed the
detentions were for their own protection.
BAPCO trade union
leader dismissed: 293 workers at the Bahrain Petroleum Company (BAPCO) were
dismissed during the protests after a special committee was set up to
investigate cases of absenteeism, which was reportedly 60% of the workforce on
16 to 17 March. The BAPCO Trade Union President Abdul Ghaffar Abdul Hussain was
also dismissed for instigating employees to take part in a general strike. A subsequent
parliamentary investigation committee reported that the oil minister and BAPCO
executives should also be suspended and investigated because BAPCO employees
were “deeply involved” in the demonstrations and benefited from “undue”
administrative protection that amounted to “incitement to strike.” By August,
some 101 workers had reportedly been reinstated. The union leader remains
dismissed.
Gulf Air
unionists dismissed::
The government is pursuing criminal charges against
Gulf Air union leaders with the clear intent of undermining the union. In
April, 217 Bahrain-based Gulf Air workers were dismissed. All are members of
the General Flight Attendants Union. Amongst those dismissed were union
leaders. While some have returned to work many have not been reinstated in
their original jobs. Union leaders have been excluded. A senior member of an
aviation company said workers at his company had been targeted by the
government and that employees were questioned about their attendance and
whether they had taken leave- the security forces “were trying to use those
questions to get the employee to answer specific questions on whether they’d
been part of protests”. Several workers were questioned and one was
apprehended.
In November, Habib Alnabbool, Chair of the Gulf Air
union, went on trial after claims he was tortured, interrogated, humiliated,
blindfolded and forced to sign documents he was not allowed to read.
Grand Prix
workers dismissed: The Bahrain Grand Prix was cancelled because of the
instability. Foreign race officials later discovered that almost a quarter of
the workers at the Sakhir circuit had been detained in April and later
dismissed, reportedly for cheering the cancellation of the Grand Prix. By the
end of 2011, 29 workers remained dismissed.
DHL unionists
threatened: In October, Shukri Hassan, president of the Bahrain DHL workers’
union and eight of his colleagues went on trial accused of violating national
security.
Migrant wage
cases:
In September, a group of striking Indian workers at a
contracting company complained to the Indian Embassy of not receiving
increments for the past four to six years. In April, workers at the Habib Ali
Awachi construction company protested when they did not have enough to eat, as
a result of salary arrears of two to four months. Those that had come to the
end of their contract could not return to their home country. In December,
some1, 000 workers and 100 construction company staff went on strike over alleged
unpaid wages for the past seven months. The electricians, mechanics, plumbers,
labourers, masons, carpenters, engineers, foremen, technicians and managers say
they will not return to work unless their demands are met. The Al Hamad
Construction Company workers claim they have been working on basic salaries
between BD60 to BD300. The workers, who live in a labour accommodation near
Alba roundabout, started a march which was stopped by police. Seven people were
arrested.
A group of 54 undocumented migrants were arrested,
most of then had previously run away from exploitative employers and were charged
of absconding. They had previously run away from their employer but were unable
to pay for the alleged losses incurred by their employer which are calculated
on a daily basis. The men all have travel bans imposed against them by the
courts due to cases filed by their employer.
The workers had been unaware of the travel ban until
they tried to avail themselves of the Easy Exit scheme last year. The court had
ruled in favour of the employers and ordered each worker to pay the company
compensation ranging from BD300 to BD500. However the men have no way to pay.
In a separate case, one worker who arrived on false promises five years ago has
now been told he must pay fines amounting to around BD2, 300 (Euro 4,635). This
fine increases every month. The migrant had paid to travel to Bahrain but on
arrival found no job and was instead forced to search for temporary jobs. He is
now ill and cannot work.
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