VZCZCXRO1878
OO RUEHDE RUEHDIR
DE RUEHMK #0305/01 0921427
ZNR UUUUU ZZH
O 021427Z APR 07
FM AMEMBASSY MANAMA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 6666
INFO RUEHZM/GULF COOPERATION COUNCIL COLLECTIVE PRIORITY
RUCPDOC/DEPT OF COMMERCE WASHDC PRIORITY
RHMFIUU/HQ USCENTCOM MACDILL AFB FL PRIORITY
RHBVAKS/COMUSNAVCENT  PRIORITY
RUEHC/DEPT OF LABOR WASHDC PRIORITY

UNCLAS SECTION 01 OF 02 MANAMA 000305 
 
SIPDIS 
 
SIPDIS 
SENSITIVE 
 
DOL FOR ILAB/JAMES RUDE 
USTR FOR JBUNTIN 
USDOC FOR 4520/ITA/MAC/ONE - T HOFFMAN 
 
E.O. 12958: N/A 
TAGS: ELAB PHUM PGOV BA HUMRIT
SUBJECT: MINISTRY OF LABOR RESPONSE TO USG DEMARCHE ON 
STRIKE BAN 
 
REF: A. MANAMA 194 
     ¶B. STATE 13806 
     ¶C. 2006 MANAMA 1979 
 
Sensitive but unclassified; please protect accordingly.  Not 
for Internet distribution. 
 
¶1.  (SBU) Ministry of Labor Director of Public and 
International Relations Subah Salem Al Dossary passed to the 
Embassy March 26 a letter containing the Ministry's response 
to Ref B points delivered by the Ambassador to Minister of 
Labor Dr. Abdulmajeed Al Alawi on February 28 (Ref A).  The 
points express USG concerns about Prime Ministerial Executive 
Order 62 (Ref C), which bans strikes in several sectors and 
appears to go further than ILO guidelines regarding bans on 
strikes.  An unofficial translation of the Arabic letter from 
the Ministry of Labor is provided below. 
 
¶2.  (SBU) In its response, the Ministry noted that the 
International Labor Organization (ILO) has not issued a 
convention that addresses labor's right to strike.  The ILO 
has stated that each country has the right to organize the 
practice of labor's right to strike even if this requires 
banning strikes in certain sectors where strikes may disrupt 
the course of daily life for citizens.  The Ministry's 
response stated that Bahrain's identification of vital 
sectors does not differ from the vital sectors specified by 
legislation in other Arab and foreign countries.  Although 
strikes are banned in certain sectors, the response also 
noted that Bahraini legislation has made it mandatory to 
employ reconciliation and arbitration to resolve conflicts 
between workers and management in these sectors. 
 
¶3.  (SBU) Begin letter text: 
 
The Ministry of Labor's Reply to U.S. Embassy Concerns on the 
Ban of Strikes in Vital Sectors 
 
The Ministry of Labor in the Kingdom of Bahrain reaffirms 
that identification of the vital sectors where strikes are 
banned, which have been mentioned in Edict (Executive Order) 
Number 62 of 2006, has come in accordance with international 
labor standards, as well as with what is in practice (in 
other countries).  The following points need to be recognized. 
 
First, the International Labor Organization (ILO) has not 
issued a convention that addresses labor's right to strike. 
The only international agreement that has addressed this 
right is the International Protocol for Economic, Social and 
Cultural Rights, which was issued by the UN in 1966.  Article 
8 of this protocol states that strikes are to be practiced in 
accordance with local legislation of individual countries. 
By stating so, the protocol has outlined the legitimacy of 
the right to strike as a means to defend both economic and 
social rights of workers, and has given local legislation of 
each country the authority to govern labor's practice of this 
right. 
 
Second, the Union Freedom Committee at the ILO has stated on 
more than one occasion that each country has the right to 
organize the practice of labor's right to strike even if this 
requires banning strikes in certain sectors, which are called 
"vital sectors," where strikes may disrupt the course of 
daily life for citizens.  This has been principally addressed 
by Bahraini legislation in Article 21 of the Trade Unions Law 
issued as law by decree number 33 of 2002 (and amended by law 
number 49 of 2006) in which vital sectors have been defined. 
It authorizes the Prime Minister to identify those sectors, 
so that the order can be amended whenever needed, avoiding 
the difficulty of the lengthy, complicated process of 
amending legislation.  This is the approach taken with 
comparable legislation; vital sectors are defined (by 
legislation) and identification of the sectors is left to 
ministerial orders because they can be easily amended as 
required. 
 
Third, the vital sectors in which strikes are banned, which 
are specified by the aforementioned Prime Ministerial 
executive order, do not differ from the vital sectors that 
are specified by legislation in other Arab and foreign 
countries.  When those vital sectors are identified, the 
continuity of service provided to citizens has been taken 
into consideration. 
 
MANAMA 00000305  002 OF 002 
 
 
 
Fourth, the Prime Minister's executive order includes the 
same vital sectors that were listed in Article 21 of the 
Trade Unions Law before it was amended by law number 49 of 
¶2006.  The executive order included additional vital sectors 
that are essential to the general public, such as educational 
institutions and the oil and gas sectors.  It is unrealistic 
to allow strikes in educational institutions that have a 
limited time frame and a tight academic schedule.  These days 
are difficult to replace if strikes are allowed.  Moreover, 
it is illegal to strike in the oil and gas sectors because 
oil and gas are the main sources of income for the government 
of the Kingdom of Bahrain.  The executive order also banned 
strikes in transportation, which is considered an essential 
facility for the general public and which affects many other 
sectors in the country.  Identification of these sectors took 
into consideration the importance of these sectors to the 
general interest of citizens. 
 
Fifth, even though the Bahraini legislature has banned 
strikes in the aforementioned vital sectors, it has at the 
same time made it mandatory to employ reconciliation and 
arbitration to resolve conflicts between workers and 
management in these sectors.  This policy meets international 
labor standards and is in line with other laws in these cases. 
 
Sixth, the mechanism of reconciliation and arbitration has, 
in many cases, resolved conflicts between workers and 
management, thus preventing strikes. 
 
Finally, the Ministry affirms that the Prime Minister's 
executive order banning strikes in vital sectors can be 
amended if one of the listed sectors is found not to be vital 
any longer.  The Bahraini legislature did not specify the 
vital sectors; the sectors are specified by an executive 
order from the Prime Minister that is easier to amend when 
required. 
 
End text. 
 
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