Freedom of Association in Bahrain

Freedom of Association in Bahrain
by Sayed Yousif – 26, September 2012 – Sayed Yousif Shehab

The organizations of labor in Bahrain fall into two categories; Trade Unions, which are subject to Trade Unions Law, and Societies, which form civil society organizations working under umbrella of Non-Governmental Organization Law, and overseen by Ministry of Social Development.

After the signing of the FTA with the US, Bahrain adopted some economic and political legislation to comply with the agreement conditions, though it is presented as reform project led by the ruler Hamad Bin Isa, who issued new laws on trade unions, telecommunication, intellectual property, environment, and governmental procurement.

As for trade union, the law which was issued in 2002 assured the right of labor to establish their own unions, nevertheless, it restricts their rights to strike, which shall be approved by three quarter of general assembly, and involve noticing the employer two weeks before commencement. Moreover, it is prohibited in all vital and important facilities, and shall avoid harming the property of the state, which are all unrealistic conditions.

When the law was issued at first, it was prohibiting setting up more than one union in each establishment. Nonetheless, governmental perception started to change after the general strike, which GFBTU called for in support for the majority of citizens who demonstrated at the Pearl Square, demanding political and socio-economic reform. Until that time, the labor movement was dominated by the opposition factions, mainly Shiite Islamists of Al-Wefaq Society and Leftists who support Wa’ad Society. Therefore, and as part of the comprehensive crackdown, the regime attempted to weaken GFBTU as sole representative and the only umbrella for all trade unions across the state by threatening its board of director members, dismissal, and last but not least, through funding competitive GONGO unions such as the Free Federation of Trade Unions, which was found in July, and comprise trade unions from various industries, which violates Article 8 in the amended law, that involve “similarities” between joined unions.
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