HUMAN RIGHTS IN BAHRAIN
History and background
Torture
Main articles: Torture in Bahrain
In 2005, the United Nations Committee Against Torture reported in a judgement that "there is no systematic torture in Bahrain" since it had started the implementation of reforms in 2001. [1]
The World Organisation Against Torture (OMCT)'s director general Erick Sottas said in September 2005 at a press conference at the Bahraini Foreign Ministry after a three day visit that his organisation "have been condemning for years the cases of tortures in Bahrain. However, after the reforms, the issue of torture has been dealt with." [2]
Civil and political rights
Parliamentary and municipal elections take place every four years, since the restoration of elections in 2002, when women were also given the vote for the first time as part of reforms by King Hamad. Bahrain has a bicameral legislature with the lower chamber of parliament, the (Council of Representatives of Bahrain), elected by universal suffrage, and the upper chamber, the (Shura Council), appointed directly by the King. Those represented in the Shura Council include members of Bahrain's Christian and Jewish communities.
The Prime Minister and government ministers are not elected. They are appointed directly by the King, but ministers can be removed by parliamentary no-confidence votes. The current Prime Minister, Khalifah ibn Sulman Al Khalifah, is the King's paternal uncle and has been in office since 1970. Twelve of the twenty-three cabinet ministers appointed in November 2006 are members of the Al Khalifa royal family.
Bahrain has a complex civil society, which pre-date the reforms introduced by King Hamad, and has its roots in the emergence of the labour movement and the development of an educated middle class in the 1930s. According to a 2006 study on civil society in Bahrain by the European University Institute, ''Voices in Parliament, Debates in Majalis, Banners on the Street: Avenues of Political Participation in Bahrain'':
For the average politically active Bahraini, there are usually a number of outlets according to the European University Institute:
The government’s moves to join international treaties protecting human rights have often been opposed by parliament. The initial attempt to get parliamentary ratification of the Optional Protocol to the International Covenant on Civil and Political Rights was blocked in February 2006 on the grounds that leading MPs said contradicted Islamic laws. Al Menbar Bloc president Dr Salah Abdulrahman complained that the covenant would allow citizens to change religions without any restrictions, noting "This means that Muslims could convert to another religion, something against the Islamic law, since those who do so should be beheaded," he said. "Under the convention, women have the right to marry without their father's consent, while in Islam they should do so if she was a virgin".[3]
It was not until June 2006 that a second attempt was made to ratify the country’s accession to the Covenant, meaning that Bahrain did not formally accede to the treaty until September 20 2006. [4]
Civil society has been prominent in supporting specific legislation promoting human rights through parliament. One recent campaign is the call for Bahrain’s government to ratify the Rome Statute of the International Criminal Court. It is being led by the Bahrain-branch of the Coalition for the International Criminal Court and wants to government to transfer the draft bill on ratification to parliament at the earliest. The Bahraini Coalition for the ICC is headed by Nasser Burdestani (who is also the head of the Bahrain-branch of Amnesty International), who commented:
Citing the role that Bahrain plays in the region and the domino effect, the Coalition for the International Criminal Court Co-ordinator for the Middle East and North Africa, Amal Basha, said Bahrain's ratification could have a significant impact among the neighbouring Gulf countries: "We believe that Bahrain could serve as a real catalyst by ratifying as soon as possible," she said. "It would provide a serious boost to the growing world movement to ensure accountability for the worst violations of international human rights and humanitarian law." [5]
Racism and sectarian discrimination
Bahrain has a complex confessional mix, with a population composed of Sunni and Shia Arabs, Persians, Huwalas, Jews and long standing Indians. In addition, since the oil boom the population has been swollen by hundreds of thousands of immigrants, mainly from the Indian sub-continent, south east Asia and elsewhere in the Arab world.
The government is composed of Sunni and Shia Ministers, and has faced accusations that it is discriminating in favour of both Sunnis and Shias. In August 2007, Bahrain’s Labour Ministry was accused by MP Mohammed Khalid of sectarianism and discriminating against Sunni job applicants after thousands of discarded job application forms from the Ministry were found dumped in municipal trash cans [6].
In 2007, it was announced by the Education Ministry that school would be given new religion courses that promote respect for different sects through encouraging studies of the various Sunni and Shiite schools of thought, and highlighting common features. The move follows calls by Shiite scholars and MPs for changes in school textbooks and for giving Shiite sects greater prominence in the syllabus, following criticism of previous syllabus that was seen by some as questioning some facets of Shiite belief[7].
More controversially, the Education Ministry was criticised when it included a question about sectarianism in tenth grade students' final examination in May 2007, asking them to write on "how sectarianism is now plaguing societies, weakening their capacities, undermining the efforts of its people and diverting them from the objectives of development and progress". In response to complaints from parents that students, mostly 16 years old, were too young to understand the issue of sectarianism and should not have been asked political questions in an exam that tested their creative writing aptitudes, the Ministry’s Widad Al Mousawi, responded: "By answering the questions, students express their rejection of this dangerous phenomenon. We have to be fair. If we ask students to write about drugs, does that mean that we are promoting the use of drugs? We should not hide our heads in the sand. We are looking at issues that reflect the maturity of the students and their skills in expressing their views on social issuesâ€. [8]
Elections and the reconstitution of parliament have been accompanied by a strengthening of previously banned Islamist political societies, and policies advocated by them are now on the public agenda. Al Wefaq, Bahrain’s main Shia Islamist opposition party, has for several years tried to introduce racial segregation, calling for the removal of third world immigrants from predominately Bahraini areas. In 2004, the head of Manama City Council, Al Wefaq’s Murthader Bader, called for the introduction of racial segregation [9] in the city with the removal of South Asian nationals to other parts of the country. Racial segregation it was argued would best address tensions between locals and third world expatriates that saw race riots against immigrants in March 2004. In 2006, the call was reiterated by Al Wefaq councillor Sadiq Rahma who said Asians 'make the neighbourhood dirty' [10]. The move has been criticised by Bahraini human rights groups as a 'a violation of basic human rights' [11]. After 2006’s elections, the party’s Abdullah Al A’ali used his parliamentary platform to call for legislation to restrict expatriate labour away from Bahraini families, saying "Labourers who now live in neighbourhoods with Bahraini families should be given a grace period to relocate before they face legal action." [12]
There was a flurry of race hate message sent to naturalized Bahrainis from third world countries after opposition political leaders alleged that immigration was tantamount to ‘cultural genocide’. In November 2006, Al Ayam published a collection of threats sent to naturalized citizens warning that they would have to ‘choose between the suitcase and the coffin’, promising ‘Death and fire are your destiny’ and another warned that the author hated all naturalized Bahrainis, "You are detested. You have taken from us, the sons of Bahrain, our homes, jobs and education opportunities. You will face the same destiny as the Egyptians in Iraq [after the end of the Iraq-Iran war]. It will be nails, hammers and a coffin. Your destiny is near." [13]
Freedom of speech
According to the Freedom of the Media in the Arab Countries 2006 report, Bahrain has one of the freest presses in the Middle East, with only Iraq and Jordan scoring higher. The report said that state control of the media in Bahrain was categorised at 1.39 per cent, compared to 11.11pc in Saudi Arabia and 15.28pc in Libya. The 25-page found that newspaper censorship was also among the lowest in the region, along with the seizure of machines and documents from newspaper offices.[14] The further development of the Bahraini press has been a point of public discussion between journalists, proprietors, ministers and MPs.[15]
The Penal Code of 1976, still active today, has been widely criticized by local and international human rights bodies for granting the regime widespread powers to suppress dissent. Human Rights Watch noted that the Penal Code gives the government "wide latitude to suppress public criticism"[16] and that it "has provisions that contradict international human rights standards"[17]. Amnesty International in 2004 stated the Code can be used "as a justification to restrict freedom of expression. The organization reiterates its call for the Code to be reviewed as soon a possible to ensure compliance with international human rights standards."[18]
Media and publication
Bahrain has eight daily newspapers representing a broad section of opinion. In 2002, Al Wasat was set up by Mansoor Al-Jamri, the son of Bahrain's spiritual Shi'a leader, Sheikh Abdul-Amir Al-Jamri and the spokesman of the Bahrain Freedom Movement. The paper is as broadly sympathetic to the Shia Islamist opposition, particularly Ali Salman. Akhbar Al Khaleej has traditionally been close to Bahrain's Left and Arab nationalist strands, featuring controversial columnists such as Sameera Rajab. Al-Ayam is seen as solidly pro-government, with its proprietor an advisor to the King.
The Press Law 47 of 2002 has been strongly criticised as restrictive as it specifies criminal charges against those who criticise the head of state or Islam, or "threaten national security". However, discussion in the newspapers is often robust with journalists frequently criticising government ministers: for instance one newspaper recently criticised the Minister of Housing, Fahmi Al Jowder, for lavishing "ludicrous praise" on the King[19].
In October 2006, the Criminal Court issued a ban on the publication of any news, information or commentary on the series of allegations in the Bandargate scandal, which has continued to date.[20]. In the following weeks, the Ministry of Information ordered Bahraini ISPs to block several websites that violated the ban, include the websites of National Democratic Action (liberal opposition political society), the Bahrain Center for Human Rights and the Arab Network for Human Rights Information[21]. The block order was accompanied by press statements from the Ministry threatening the website owners with legal action[22].
Many political websites and blogs are blocked by the government[23] [24], and as of November 2005 the government requires all Bahraini websites are required to register with the Ministry of Information[25]. In August 2006, Bahraini government authorities blocked internet access to Google Earth and Google Video.[26] [27]
Liberal intellectuals in the press have faced concerted campaigns against them by Islamists. In 2005, hundreds of Shia Islamists protested outside the Al Ayam's offices after it published a cartoon on Iran's Mahmoud Ahmedinejad's election victory; while a Sunni Islamist campaign against the paper's editor, Isa Al Shaygi, was condemned at a conference of the International Federation of Journalists: “The vicious and unprovoked attack on a respected and distinguished colleague is an example of the intolerant and undemocratic character of extremist politics that is increasingly being used against the free press."[28]
All broadcast media is owned and managed by the government. In 2005, three website administrators were arrested by security forces.[29]
Public gatherings
New political freedoms mean that public political activity and demonstrations are a common occurrence: according to the Ministry of Interior’s figures there were 498 street demonstrations in 2006, up from 259 the previous year[30]
In July 2005, Human Rights Watch said:
Despite this prediction, the European University Institute, in its study of civil society in Bahrain in 2006, ''Voices in Parliament, Debates in Majalis, Banners on the Street: Avenues of Political Participation in Bahrain'', found that:
Bahrain is the only country in the Middle East to have sacked a senior government minister as a direct result of a human rights issue. In 2004, when the security forces fired rubber bullets at a demonstration led by Shia religious leaders, King Hamad immediately fired the country’s longstanding Interior Minister (and member of the royal family) Sheikh Mohammed bin Khalifa Al Khalifa. [31]
The Interior Ministry had to resist pressure in May 2007 from business leaders to ‘crack down’ on the rioters, as well as deal with concerns that local residents would take matters into their own hands and deal with the rioters themselves. Concerns about vigilantism resulted in a call by Central Municipal Council vice-chairman Abbas Mahfoodh for closer cooperation between politicians and the Interior Ministry to stamp out rioting, after residents of the town of Tubli confronted and chased away three masked men who allegedly planned to commit acts of sabotage using Molotov cocktail firebombs. [32]
In a report issued in 2006, the "Arab Network for Human Rights Information" (a member of the International Freedom of Expression Exchange) documented two cases of human rights activists being harassed by government authorities, through physical and sexual assaults, and fabricated cases.[33]
Economic and social rights
Women's rights and gender
King Hamad’s moves to promote women’s rights have been described by Amnesty International as representing a “New Dawn for Bahraini Womenâ€[34]. In 2002, women voted for the first time in national elections and were given equal political rights.
However, these top-down reforms have proven contentious, with calls for reform opposed by conservatives and the royal family. In 2002 the decision by King Hamad to grant women the right to vote and equal political rights with men was opposed by a majority of Bahraini women, with 60% of women[35] surveyed saying they disagreed with the move. Salafists have publicly restated their opposition to women's participation in parliament, and none of the Islamist parties that dominate parliament has ever fielded a female candidate. One woman won a seat in parliament in 2006, although her victory in the sparsely populated constituency in the south of the country was seen by some as engineered by the government which wanted to see a woman represented in Council of Deputies.
A bill prompted by women's rights activists in 2005 to introduce a unified personal status law to protect women's rights in marriage, divorce and other family matters was opposed in a series of large-scale demonstrations organised by an alliance of salafists and Shia Islamists including Al Wefaq and Asalah. The demonstrations (and the implicit threat of escalation by those who organised them) forced the government to withdraw the law and was seen as a major defeat for women's rights activists.
In response to sweeping poll victories by Islamists in 2006's election, Amnesty International Bahrain's head of campaigns, Fawzia Rabea, described the threat to women's rights as 'very serious' and called on women to do everything in their power to fight laws proposed by the new parliament that could limit their freedom. After newly elected Al Wefaq MP, Sayed Abdulla Al A'ali, called for legislation to restrict women's employment rights by banning women from "male-orientated jobs", Ms Rabea said, "With this type of thinking I am sure we are facing a very big challenge with parliament. I am worried about this, it is very serious." Bahrain Women's Union president, Mariam Al Ruwaie, expressed surprised at the MP's suggestions, "This does not agree with His Majesty the King's reforms, which give women and men the same rights for education and work. In Bahrain's society women make up 26 per cent of the labour force, there are more girls in schools and universities than men and their results are better...I am worried because the parliament has not started and he [Mr Al A'ali] has said something like this. It is a bad start."[36]
Ghada Jamsheer, the most prominent women's rights activist in Bahrain[37][38] has called the government's reforms "artificial and marginal". In a statement in December 2006 she said:
Labour
According to the International Confederation of Free Trade Unions annual report of 2006 unions are allowed to play an "effective role" with workers having the right to unionise. According to the ICTFU's annual report:
The ICFTU's main concern in its 2006 report was that a new labour law would be far more restrictive of worker's rights.[39] The ICFTU commented:
A visiting delegate from the International Labour Organization at a seminar in Bahrain on trade unionism, held under the patronage of the Labour Ministry, described some of Bahrain's labour laws as out of line with international standards. According to the ILO international labour standards department deputy director, Karen Curtis, the current rules governing where strikes can be held in Bahrain were too restrictive[40].
In response to the government’s labour reforms, Bahrain’s Crown Prince, Sheikh Salman bin Hamad Al Khalifa, was invited as guest of honour to the International Labour Organisation’s 96th session[41], where he used the opportunity of addressing the conference to announce that the first regional dialogue on workers' issues would be held in Bahrain. "This will offer countries that recruit manpower and those that provide it an opportunity to engage in an open and honest discussion on the impact of globalisation."[42] The ILO Director General Juan Somavia has described the Crown Prince as an innovator with a modern vision of commitment to change and a belief in dialogue. Somavia has noted that Bahrain had been one of the pioneers of Decent Work Country Programmes, beginning with a pilot programme in 2002.[43]
Migrant workers
Unlike other countries in the region migrant workers are entitled to join trade unions and have even organised public demonstrations, with one group of Indian workers marching to the Labour Ministry in Isa Town to highlight their dispute with the company that employed them. [44]
In 2007, government passed legislation to ban construction and other outdoor work between noon and 4pm during the summer – the hottest times of the day. The vast majority of those involved in this type of work being expatriate labourers from the Indian sub-continent. The move was backed by a “massive†labour inspection campaign by the Ministry of Labour to ensure that companies obeyed the decision. The ban was criticized by construction companies saying that the government’s decision would delay their projects, but according to the Ministry of Labour, migrant workers' protection representatives and human rights activities have welcomed the move.[45]
An ICFTU Annual Report 2006 found that "Foreign workers harshly treated":
A new trade union for the construction industry is expected to be launched by the end of 2007, which will particularly benefit migrant workers as they are very over represented in the construction sector. As of July 2007, the General Federation of Bahrain Trade Union has already held several meetings and a workshop with Geneva-based Building and Wood Workers' International (BWI) to discuss the proposal. Construction is said to be the biggest industry for expatriates in Bahrain and an estimated 95,000 workers are employed within the sector, and the new BWI-affiliated union would protect their rights and address issues such as health and safety issues, working hours, pay rates and workers' accommodation. [46]
Human Rights Groups
References
1. Conclusions and recommendations of the Committee against Torture : Bahrain., Committee Against Torture, United Nations Commission for Human Rights, June 21, 2005
2. Bahrain ended issue of systematic torture, Arabic News.com, September 29, 2005
3. MPs refuse to ratify rights law Gulf Daily News February 22 2006
4. Signatories of the International Covenant on Civil and Political Rights Office of the United Nations High Commissioner for Human Rights
5. Bahrain urged to ratify Rome Statute Gulf Daily News, January 7 2007
6. Job applications trashed 'by mistake', Gulf News, August 5 2007
7. Religion classes to focus on respect of all sects, Gulf News, April 20 2007
8. Examination question on sectarianism sparks row, Gulf News, May 28 2007
9. Clashes spark call to relocate expats Gulf Daily News, July 29 2004
10. 'No go' rule for bachelor labourers Gulf Daily News, January 23 2006
11. Segregation of Asians slammed Gulf Daily News, January 30, 2006
12. Deputy calls for labour housing regulations, Gulf News, 13 March 2007
13. Naturalised Bahrainis face death threats, Gulf News, 11 August 2006
14. Bahrain Press one of freest, Gulf Daily News, April 8 2007
15. Bahrain's media under scrutiny, Gulf News, March 29 2007
16. Bahrain: Activist Jailed After Criticizing Prime Minister, Human Rights Watch, 29 September 2004
17. Bahrain: King Should Reject Law on Public Gatherings, Human Rights Watch, 8 June 2006
18. Bahrain: class=wikiexternal target=_blank>Amnesty International welcomes the release of Abdul Hadi al-Khawaja, Amnesty International, 22 November 2004
19. Minister criticised for lavishing 'undue praise', Gulf News, January 3, 2006
20. Bahraini Higher Criminal Court: Banning Publication of News or Information Related to the “Bandar-Gate†Scandal, Bahrain Center for Human Rights, 5 October 2006
21. Ahead of elections: Bahrain govt threatens website owners with prosecution, Bahrain Center for Human Rights, 2 November 2006
22. Banned 'blogs' face legal action, Gulf Daily News, 31 October 2006
23. Authorities block access to influential blog covering Bandargate scandal, Reporters Without Borders, 30 October 2006
24. Onslaught on freedom of expression in Bahrain continues, Bahrain Center for Human Rights, October 30 2006
25. Reporters Without Borders denounces press freedom threat in website registration, Reporters Without Borders, 26 April 2005
26. Google Earth spurs Bahraini equality drive, Financial Times, November 24 2006
27. Bahraini Authorities Block Access to Google Earth and Google Video, Bahrain Center for Human Rights, August 8, 2006
28. Journalists’ Leaders Condemn Attack on Independent Newspaper and Editor in BahrainInternational Federation of Journalists, May 15 2005
29. World Press Freedom Review 2005: Bahrain, International Press Institute
30. Bahraini rallyists 'often do not know' purpose of protests, March 26 2007
31. Voices in Parliament, Debates in Majalis, Banners on the Street: Avenues of Political Participation in Bahrain, Katja Niethammar, Robert Schuman Centre for Advanced Studies, European University Institute, 2006
While public demonstrations about various issues regularly take place, they have sometimes resulted in clashes between the police and youths. Fifteen Bahraini Shia activists were arrested between May 16 and 20 May 2007 following clashes the police. Thirteen remain in custody, (as of June 2007) according to the Bahrain Youth Society for Human Rights. In response to the problem presented by violent protestors, the Serbia-based human rights group, the Centre for Applied Non-Violent Action and Strategies, has been invited to Bahrain to teach demonstrators how to demonstrate peacefully. Under the scheme begun in 2007, peace camps will be set up in various trouble spots where specialists will advise on using protest strategies that do not involve violence. It is expected that a thousand youths will go through the training scheme. Peace camp a hit in villages Gulf Daily News, July 28 2007
32. Action against rioting urged, Gulf Daily News, May 14, 2007
33. Sexual assaults and fabrication of cases against journalists and activists: "Tunisia, Egypt, and Bahrain", Arab Network for Human Rights Information, 2006
34. New Dawn for Bahraini Women The Wire, Amnesty International, March 2002
35. In the Gulf, women are not women’s best friends, Daily Star, June 20, 2005 (republished by Yale Global)
36. Women fight to keep freedom, Gulf Daily News, November 30, 2006
37. Ghada Jamsheer, Time magazine, May 14, 2006
38. Activist on Forbes list, Gulf Daily News, 15th May 2006
39. Brutal Suppression of Workers’ Rights Detailed in Worldwide Report, International Confederation of Free Trade Unions, 7 June 2006
40. Union law 'out of global step', Gulf Daily News, 21 December 2006
41. ILO honour for Crown Prince, Gulf Daily News, June 11, 2007
42. Voice for workers, Gulf Daily News, July 12 2007
43. Crown Prince of Bahrain calls for increased social dialogue, fair globalization, announces regional labour summit, International Labour Organisation, June 11, 2007
44. Wage row workers in protest march, Gulf Daily News, February 27 2007
45. Campaign to ensure implementation of break rule in Bahrain launched, Gulf News, July 17 2007
46. New union for construction workers, Gulf Daily News, July 28 2007
See also
★ Bahrain Center for Human Rights
★ Bahrain Human Rights Society
★ List of Bahrain-related topics#Human rights in Bahrain
External links
★ Human Rights Watch: Bahrain
★ Amnesty International: Bahrain
★ Bahrain Center for Human Rights
★ Redress Trust: Bahrain
★ International Freedom of Expression Exchange: Bahrain
★ National Democratic Institute: Bahrain
★ Country Reports on Human Rights Practices - 2005, US Department of State
★ International Confederation of Free Trade Unions: Bahrain
★ Arab Human Rights Index: Bahrain
★ , Arab Press Freedom Watch Third Annual Conference, May 2004
★ Bahrain: Five years of lost opportunities, Proceeding of a seminar held under the auspices of Lord Avebury, the Vice-Chairman of the Parliamentary Human Rights Group in the House of Lords, 15 December 2005
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