Report of the Bahrain Independent Commission of Inquiry

Chapter VII — Other Human Rights Issues
g. Decree Law No. 3 of 2008 on the General Authority for
Social Insurance; and
h. Decree Law No. 48 of 2010 promulgating the Civil Service
Law.
1437. The Bahraini Act No. 32 of 2006, amending Decree Law No. 18 of
1973, concerning public meetings, demonstrations and gatherings, authorises
the holding of peaceful gatherings and demonstrations, subject to notification
of the authorities by three of the organisers, and calls on the authorities to
provide the necessary protection for peaceful demonstrations and gatherings.
1438. Decree Law No. 33 of 2002 promulgating the Law on Trade Unions
states:
Trade union organisations shall aim at protecting the lawful rights
of their members, defending their interests and improving their
working conditions. In particular, they shall endeavour to attain
the following objectives: (a) dissemination of trade union
awareness among workers; (b) improvement of the cultural
standard of workers; (c) promotion of professional and
occupational standards of workers; (d) improvement of health,
economic and social standards of workers and their families; and
(d) participation in Arab and international labour forums and
events and presenting the viewpoint of Bahrain workers. 710
The law applies to both private and public sector employees. 711 The law
prohibits trade unions from: (i) engaging in any activity outside of the
purposes prescribed by law; (ii) using force, violence, threats or illegal
measures to obstruct or attempt to obstruct the rights of others; or (iii)
engaging in any political activity. 712
1439. Decree Law No. 33 of 2002 also provides that a strike “is a legitimate
means to defend workers’ rights and interests”, but prohibits workers in “vital
facilities” from striking. 713 The vital facilities identified under the law are:
security, civil defence [police], airports, ports or harbours, hospitals,
transportation, wired and wireless communication, electricity and water.
Public Sector Employee Law
1440. Decree Law No. 48 of 2010 pertains to employees in the public sector
and requires the employing agency to conduct an investigation and impose
disciplinary penalties on an offending employee 714 if the employee
contravenes any of the provisions of the Decree Law, the Executive
Regulations, their implementing instructions, or “the requirement of his duties
or behaves in a manner prejudicial to the dignity of his position.” 715 The
710 Decree Law No. 33 of 2002, art 7.
711 Decree Law No. 33 of 2002, art 2.
712 Decree Law No. 33 of 2002, art 20.
713 Decree Law No. 33 of 2002, art 21.
714 Decree Law No. 48 of 2010, art 22(2).
715 Decree Law No. 48 of 2010, art 22(1).
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