VZCZCXRO1085
PP RUEHDE RUEHDIR
DE RUEHMK #2013/01 3440650
ZNY CCCCC ZZH
P 100650Z DEC 06
FM AMEMBASSY MANAMA
TO RUEHC/SECSTATE WASHDC PRIORITY 6146
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 02 MANAMA 002013 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR EB, NEA/ARP 
USDOL FOR ILAB/JRUDE 
USDOC FOR 4520/ITA/MAC/ONE FOR THOFFMAN 
USTR FOR DBELL AND JBUNTIN 
 
E.O. 12958: DECL: 12/07/2016 
TAGS: ELAB PGOV BA BILAT ECTRD HUMRIT
SUBJECT: OFFICIALS HIGHLIGHT MOTIVES FOR STRIKE BAN 
 
REF: A. BELL-BONDY DECEMBER 7 EMAIL 
     ¶B. MANAMA 1979 
     ¶C. MANAMA 1175 
 
Classified By: Ambassador William T. Monroe, reasons 1.4 (b) and (d) 
 
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SUMMARY 
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¶1. (C) GOB officials state that the sector-specific strike 
ban issued November 20 is consistent with regulations called 
for in the recently revised Bahraini Workers' Trade Unions 
Law.  It was intended to be applied on a case-by-case basis 
to prevent strikes that could threaten national security or 
welfare.  Officials appear open to modifying the ban, 
Executive Order (E.O.) 62, consistent with Bahrain's previous 
commitments to international labor standards.  End Summary. 
 
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STRIKE BAN TO BE APPLIED SELECTIVELY 
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¶2. (C) Commenting on Prime Minister Shaikh Khalifa Bin Salman 
Al Khalifa's November 20 issuance of E.O. 62, which extended 
the range of sectors for which strike activity could be 
banned, Ministry of Cabinet Affairs Director of Legal Affairs 
Dr. Jameel Al-Alawi told EconOff December 6 that the order 
merely represented a clarification that had been foreshadowed 
by the recent revision of the Worker's Trade Unions Law, 
which contains Bahrain's right-to-strike provisions (Refs. B 
and C).  That amendment gave the Prime Minister the authority 
to identify key industries where strikes would harm national 
security or disrupt the lives of citizens, and would thus not 
be permitted. 
 
¶3. (C) Dr. Jameel said that contrary to some interpretations, 
the move was not a retreat from Bahrain's commitment to honor 
international labor standards on collective bargaining. 
Instead, the GOB views E.O. 62 as the logical next step in 
the evolution of their labor law framework.  (Note: Bahrain's 
recent amendment to the Worker's Trade Unions Law further 
stipulates that labor disputes at any entity deemed a "vital 
installation" shall be resolved through arbitration.  End 
Note.) 
 
¶4. (C) Dr. Jameel did note that the E.O. had been drafted by 
the Ministry of Labor without his input.  He believed that 
the MoL drafters had focused on preventing social disruption 
and that they had not given thought to ensuring that the 
sectors they had identified did not conflict with Bahrain's 
international labor treaty commitments.  However, he said the 
GOB had deliberately elected to identify these key sectors by 
Prime Ministerial decree because decrees such as this 
executive order could be selectively applied and easily 
modified, unlike actual laws.  He predicted that the 
government would readily amend the decree if labor treaty 
conflicts were pointed out to MoL officials. 
 
¶5. (C) Labor Market Regulatory Authority Deputy Chief 
Executive Ausamah Al Absi told EconOff December 4 that 
although E.O. 62 had broadly identified several vital 
sectors, it was deliberately general so as to allow the 
government the flexibility to apply it on a case-by-case 
basis, in line with the national interest.  For example, he 
said the provision against strikes at bakeries was never 
intended to apply to all bakeries; he said it was actually 
drafted to prevent strikes at Bahrain's sole flour mill. 
 
¶6. (U) Per Ref. A request, an unofficial translation of E.O. 
62 is provided as follows: 
 
(Begin unofficial translation) 
 
Prime Ministerial Executive Order Number 62 of 2006 
 
Calls for demonstrations and strikes are banned at vital 
installations.  Vital installations are designated as: 
security, civil defense, airports, seaports, health centers 
and pharmacies, all means of transportation of people or 
products, telecommunications, electricity, water, bakeries, 
educational institutions, and oil and gas. 
 
(End unofficial translation) 
 
MANAMA 00002013  002 OF 002 
 
 
 
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COMMENT 
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¶7. (C) GOB officials appear not to have anticipated concern 
elicited by E.O. 62.  The order seems to have been drafted 
without the benefit of expert legal counsel.  If that is the 
case, it indicates bureaucratic clumsiness, but probably is 
not a sign of any labor policy reversal.  Post awaits 
Washington guidance (Ref. B) on engaging local officials to 
shape any appropriate modifications of E.O. 62, consistent 
with Bahrain's previous commitments in the face of 
international labor standards.  End Comment. 
 
 
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MONROE