Identifier
Created
Classification
Origin
06MANAMA1979
2006-11-29 13:43:00
CONFIDENTIAL
Embassy Manama
Cable title:  

GOB SPECIFIES BAHRAIN STRIKE BAN SECTORS

Tags:  PGOV ELAB BA BILAT HUMRIT ECTRD 
pdf how-to read a cable
VZCZCXRO1361
OO RUEHDE RUEHDIR
DE RUEHMK #1979/01 3331343
ZNY CCCCC ZZH
O 291343Z NOV 06
FM AMEMBASSY MANAMA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 6082
INFO RUEHZM/GULF COOPERATION COUNCIL COLLECTIVE PRIORITY
RUEHC/DEPT OF LABOR WASHDC PRIORITY
RUCPDOC/DEPT OF COMMERCE WASHDC PRIORITY
RHBVAKS/COMUSNAVCENT PRIORITY
RHMFISS/HQ USCENTCOM MACDILL AFB FL PRIORITY
C O N F I D E N T I A L SECTION 01 OF 03 MANAMA 001979 

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USDOC FOR 4520/ITA/MAC/ONE
USTR FOR JBUNTIN

E.O. 12958: DECL: 11/22/2016
TAGS: PGOV ELAB BA BILAT HUMRIT ECTRD
SUBJECT: GOB SPECIFIES BAHRAIN STRIKE BAN SECTORS


Classified By: DCM Susan L. Ziadeh for reasons 1.4 (b) and (d).

C O N F I D E N T I A L SECTION 01 OF 03 MANAMA 001979

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USDOC FOR 4520/ITA/MAC/ONE
USTR FOR JBUNTIN

E.O. 12958: DECL: 11/22/2016
TAGS: PGOV ELAB BA BILAT HUMRIT ECTRD
SUBJECT: GOB SPECIFIES BAHRAIN STRIKE BAN SECTORS


Classified By: DCM Susan L. Ziadeh for reasons 1.4 (b) and (d).


1. (U) This is an action request. Please see para 12.

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Summary
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2. (C) Prime Minister Shaikh Khalifa Bin Salman Al Khalifa
issued an executive order November 20 that bans labor union
strikes at facilities deemed to be in vital sectors. Going
beyond the text of the 2002 Labor Union Law, the order
extends the vital sectors definition to the oil, gas, and
education sectors and even to health centers, pharmacies, and
bakeries. The General Federation of Bahraini Trade Unions
(GFBTU) said it would present the case to international labor
organizations to demand the right to strike. GFBTU Deputy
Secretary General Sayed Salman Al Mahfoodh said that the

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federation would also raise the issue with the new parliament
after the elections and push to limit the government's
authority to identify sectors with a ban on strikes. Several
leaders of large Bahraini unions Emboffs spoke with expressed
their concern about the weakening of the power of Bahraini
workers. Director of Labor Relations at the Ministry of
Labor Shaikh Ali Bin Abdulrahman Al Khalifa said that there
had not been opposition to earlier legislation in this area,
and he dismissed the reaction to the PM's order as largely
political due to the elections. End summary.


3. (U) A 2006 amendment to the 2002 Labor Union Law gave the
Prime Minister the authority to issue an executive order
changing the sectors in which a ban on strikes would be
enforced, which previously had been security, civil defense,
airports, sea ports, hospitals, transportation,
telecommunications, electricity, and water. The PM issued
executive order 62 of 2006 on November 20 that extends the
ban to health centers, pharmacies, means of transportation
(people and products),oil and gas, education, and bakeries,
in addition to the sectors stated in the 2002 law. According
to the order, strikes are banned in locations at which the
occurrence of strikes "could disturb the national security or
disrupt the course of daily life for the public."


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Labor Federation Indignation
--------------


4. (U) The GFBTU issued a statement November 21 rejecting
the PM's order, saying that it would take the case to Arab
and international labor organizations to demand the rights of
workers to strike. GFBTU spokesperson Jaffar Khalil said
publicly that the federation considered this a step backward
for Bahrain's union movement. The order goes against the
trade union law, which accepts strikes as a peaceful and
legitimate form of action to protect the economic and social
benefits of workers. Khalil said that the federation would
consider legal action to prevent enforcement of the order.
He said that the federation agreed that there could be
restrictions on strikes in the health care sector and
electricity production, but the federation was against the
ban on strikes in the other sectors.


5. (U) GFBTU Deputy Secretary General Sayed Salman Al
Mahfoodh also told the press that the order goes against all
international labor conventions that define "vital
facilities." Including airports, hospitals, educational
institutions, and oil and gas facilities as vital facilities,
and therefore banning strikes there, goes against
international standards. He said the federation would raise
the issue with the new parliament and ask it to amend the
authority given to the executive to determine the sectors in
which strikes are banned.


6. (C) In a conversation with Emboff November 23, Al
Mahfoodh stated that the federation should have been
consulted before drafting such an order. The federation must
be a partner in discussing, drafting, and amending
regulations that have the potential of weakening workers'
rights in Bahrain. Al Mahfoodh scoffed at the inclusion of
bakeries in the order's list, asking rhetorically, "What
effect does a bakery strike have on national security?"

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Political Society and Union Reaction
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MANAMA 00001979 002 OF 003



7. (SBU) In an Al Wifaq political society press release
November 23, the society stated that this kind of decision
must involve all three labor stakeholders - government,
management, and workers - and not be declared unilaterally,
since this kind of decision affects a very large number of
workers. At a gathering of supporters that evening at a
campaign tent, Al Wifaq Secretary General Shaikh Ali Salman
stated that this step affects labor's morale and weakens the
workforce. He advised the government to develop a positive
approach to increasing worker salaries and promoting a more
labor-friendly workplace.


8. (C) Batelco (Bahrain Telecommunication Company) Trade
Union President Maki Isa told Emboff November 23 that the
union was currently in the process of negotiating a salary
increase with Batelco's executive management. However, this
new order undercuts the union's bargaining position, taking
away the leverage contained in a strike threat. Without the
option of strikes in these fields, the unions, and by
extension the federation, are weakened.


9. (C) In a conversation with Emboff November 28, Bahrain
Airport Services Trade Union President Abdulla Hussein
expressed his concern that the executive order appears to
include all those involved in airport services, logistics,
retail sales, and employees in the national air carrier Gulf
Air. He said most countries only recognize air traffic
controllers as vital employees. He stated that the language
of the order is vague, so it is unclear how far it will
extend, but at the airport it could affect up to 4,000
Bahrainis who work there.

-------------- --
Ministry Claims Criticism Politically Motivated
-------------- --


10. (C) When asked about the reaction to the order by the
federation and unions, Director of Labor Relations at the
Ministry of Labor Shaikh Ali Bin Abdulrahman Al Khalifa told
Poloff November 29 that the reaction was largely politically
motivated. He drew attention to GFBTU Deputy Secretary
General Al Mahfoodh's candidacy in the parliamentary
election. Shaikh Ali said that there had not been any
objection to the 2002 legislation when it was originally
passed, nor was there opposition to the 2006 amendment
allowing the Prime Minister to specify the vital sectors. He
explained that ever since the Labor Union Law was passed in
2002, the Ministry has worked with the federation and
individual unions to try to build their capabilities to work
constructively to address the concerns of workers. Claiming
it is unique to Bahrain among all Arab countries, the
Ministry convinced employers to allow union heads to be
exempted from all work responsibilities, while receiving
their full salary, so they can focus all their attention on
worker concerns. The Ministry has held two of a scheduled
three meetings to encourage the GFBTU and the Bahrain Chamber
of Commerce and Industry to hold bilateral meetings over
issues of concern without the need for the Ministry of
Labor's involvement. In conclusion Shaikh Ali said that the
Ministry has always tried to strike a balance in its position
between labor and management. "If we back business too much,
there are problems for workers; if we back workers too much,
business will be affected, thereby affecting the economy and
the investment climate."

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Comment
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11. (C) The reaction to the PM's edict was swift and strong,
even as most of the country's attention was focused on the
then imminent elections. Although the spirit of this ban
appears more far-reaching than previous legislation, there is
an ambiguity about how far the ban actually extends in each
particular sector. It may take Ministry of Labor action or
court decisions to clarify some of these questions if and
when the executive order is applied.

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Action Request
--------------


12. (C) Although it is still unclear how far this new strike
ban will reach, on the face of it the PM's executive order
appears to retreat from the spirit of commitments voiced
during FTA negotiations to implement legislation ensuring the

MANAMA 00001979 003 OF 003


protection of labor rights. Post seeks guidance with talking
points that Emboffs may use to engage GOB officials on this
issue. In conjunction with the Bahraini parliamentary
elections, a new government will be formed within the next
seven to ten days, and Post expects several new ministerial
appointments. Post would seek to deliver talking points to
any new Minister of Labor and others concerned with FTA
implementation and labor matters.


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