Bureau of International Labor Affairs; Office of Trade and Labor Affairs; Bahrain-United States Free Trade Agreement; Notice of Extension of the Period of Review for Submission #2011-01

The Office of Trade and Labor Affairs (OTLA) in the Bureau of International Labor Affairs of the U.S. Department of Labor has determined that an extension of time is required for its review of a public submission concerning Bahrain filed under Chapter Fifteen (the Labor Chapter) of the Bahrain--United States Free Trade Agreement (FTA). The submission was received on April 21, 2011 from the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) and alleges actions by the Government of Bahrain that, if substantiated, would be inconsistent with Bahrain's commitments under the FTA Labor Chapter. OTLA accepted the submission for review on June 10, 2011, in accordance with its published procedures and standards for acceptance. Acceptance of the submission for review does not imply a finding that the allegations are true. Rather, it triggers a 180-day fact-finding and review period (unless circumstances as determined by OTLA require an extension of time) that results in the issuance of a public report of any findings and recommendations. As part of its ongoing review, OTLA sent a delegation to Bahrain from October 22-26, 2011 to gather information on issues raised by the public submission. The Department of Labor delegation met with representatives from the Government of Bahrain, Bahraini trade unions, employers' organizations, employers, workers, and other groups with information relevant to the submission. Due to the receipt of recent information relevant to the submission and the thorough on-going review process, OTLA has determined that the circumstances require an extension of time. The extension of time is necessary to permit adequate consideration of several recent developments: <bullet> The Government of Bahrain has recently made commitments to the U.S. government and to the Bahraini public to promptly and favorably resolve the matters at issue in the AFL-CIO submission. It is important for OTLA to assess the progress made in coming weeks towards prompt and favorable resolution; <bullet> OTLA has recently received a substantial amount of information and a large volume of documents, requiring careful study and analysis. Several hundred pages of documents in Arabic require translation; <bullet> OTLA's visit to Bahrain for first hand collection of documentary and interview information, the source of much of the most substantive and relevant information, was twice delayed, to accommodate the schedule of elections in Bahrain and at the request of the Government of Bahrain; and <bullet> There have been other recent developments in response to the issues raised by the AFL-CIO submission, and on matters closely related to them. It is important that there be sufficient opportunity to assess the Government of Bahrain's response to them. These include the issuance of the Report of the Bahrain Independent Commission of Inquiry and the proposal of the Government of Bahrain to the Governing Body of the International Labor Organization (ILO) to constitute a tripartite committee to address the issue of workplace dismissals and reinstatements, to avail itself of the independent legal advice of the ILO, and to report to the ILO Director General and to the ILO Governing Body. OTLA will continue to give this matter the highest priority and to devote the resources necessary to completing the review as expeditiously as possible.