Labor provisions in free trade agreements establish official processes for receiving complaints ("submissions") from interested organizations that believe a trading partner is not fulfilling the labor commitments it made. In the United States, the U.S. Department of Labor, specifically the Monitoring & Enforcement of Trade Agreements Division within ILAB's Office of Trade and Labor Affairs, receives and reviews submissions made under the labor chapters of our trade agreements.


Current Status: Review of Submissions

ILAB has accepted labor submissions for review concerning several countries. Our decision to review a public submission does not indicate any determination as to the validity or accuracy of the allegations contained in the submission. This will be addressed in the report that follows our detailed review and analysis.

 

Submission Under U.S.-Bahrain FTA

Labor consultations held (June 22-23, 2014)

On May 6, 2013, the U.S. Government formally requested cooperative labor consultations with Bahrain in a joint letter from the Acting Secretary of Labor and the U.S. Trade Representative. Consultations began when an interagency delegation met with the Government of Bahrain on July 15 and 16, 2013. Consultations continued in Manama on June 22 and 23, 2014, and our ongoing dialogue with the Government of Bahrain uses the DOL report's recommendations as a basis for working with the Government of Bahrain to address the concerns raised in the report related to freedom of association, the right to organize and bargain collectively, and the right to freedom from discrimination in employment and occupation. 

In April 2011, the Department of Labor (DOL) received a  submission from the AFL-CIO with a statement from the General Federation of Bahrain Trade Unions alleging that Bahrain had violated its commitments under the Labor Chapter of the Bahrain – United States Free Trade Agreement regarding the right of association, particularly non-discrimination against trade unionists.

The review process was extended to adequately consider detailed and voluminous information received from the Government of Bahrain and Bahraini workers, amendments to the Bahraini Trade Union Law, and labor-related developments in international fora regarding Bahrain, in particular at the International Labor Organization. In addition, two delegations visited Bahrain in October 2011 and February 2012 as part of the review. 

After reviewing the submission, DOL issued a public report in December 2012 finding that trade unionists and leaders were targeted for dismissal, and in some cases prosecuted, in part for their role in organizing and participating in the March 2011 general strike, and that dismissals also reflected discrimination based, in part, on political opinion and activities. The report also finds religious (sectarian) discrimination against Shia workers. The report also makes specific recommendations intended to serve as a road map for the Consultation process moving forward.

More Information

The Submission Process

A labor submission must meet certain criteria. The allegations must raise issues relevant to the labor provisions in the NAALC or FTA and illustrate a country's failure to comply with its obligations. OTLA's procedural guidelines provide a detailed explanation of what is required. If the submission meets these criteria, OTLA will accept the submission for review. OTLA then conducts the review and issues a public report on its findings generally within six months of accepting the submission. Depending on the outcome of the review, OTLA may recommend further actions, including that the U.S. request Consultations with the other country. The U.S. requested the first labor-related consultations ever under an FTA Labor Chapter on July 30, 2010 with Guatemala.

If Consultations fail to resolve the issue(s), FTA dispute settlement procedures may be invoked under certain circumstances. The procedures and remedies vary depending on the particular FTA, and the NAALC limits which labor issues can be taken to dispute settlement.