The BCHR insists on continuing its activities and urges all concerned to interfere
13 June 2005
The BCHR insists on continuing its activities and urges all concerned to interfere
13 June 2005
The Bahrain Centre for Human Rights (BCHR) followed up with concern the statement made by the Minister of Social Affairs to Al-Ayam daily newspaper, where she said that “the Center has gone beyond the limits in sending a delegation to Geneva, and organizing a seminar in Belad Al-Qadeem on the events in Geneva”. She had added that “the Centre officials had broken the law through involvement in activities without having a proper legal status. Their case had been referred to the Public Prosecution, and there is a legal penalty for these violations”.
On the other hand, the high court of appeal will give its final decision tomorrow, June 14 2005, on the case submitted by the BCHR against the Government’s order on Spt. 2004 to close the Center. The decision by the BCHR’s general assembly to raise a case was a bid to test the extent of reforms and independence of the judiciary. International reports issued recently, including the report by U.S. State Department and the recommendations of the Committee Against Torture, stated that the judiciary in Bahrain is not independent, especially in cases involving the government.
The BCHR urges all defenders of freedom and those concerned with the protection of human rights defenders to interfere immediately. It also warns that the success of the authorities in curbing the Centre’s activities will leave all other civil society institutions under the mercy of the government, and this will never be in the interest of reforms or the protection of rights and freedoms.
Background:
Despite a government decision to close the Bahrain Center for Human Rights for organizing a seminar on economic rights and corruption, the BCHR has continued its activities including submitting alternative reports and participating in the Geneva meetings of the U.N. Committee Against Racial Discrimination and the Committee Against Torture. Government delegations in those meetings faced questions on the closure of the BCHR. Recommendations by those international committees were clear in lifting all restrictions facing the activities of human rights organizations and the necessity of cooperating with them. The two committees had reiterated that the non-government activists who participated in their meetings and provided them with information should not be subjected to any kind of threat or pressure.
The position of the BCHR’s general Assembly:
In replying to the Minister’s statement on the legitimacy of the Centre and its activities, Bahrain Centre for Human Rights (BCHR) reiterates that it does not intend to back track on the decision passed by its general assembly to continue its voluntary activities since this is a right and a responsibility shouldered by the members.
Members of the BCHR obtain their right in pursuing their activities from a natural right stipulated in the international human rights conventions in general and the international agreements to which Bahrain has become a member in particular, and which are now a part of Bahraini laws. All these conventions state clearly that the right of individuals to form associations is an original right which must not be restricted except within a democratic mechanism in such a manner that does not jeopardize this right. The Constitution of the Kingdom of Bahrain stipulates that the law must not jeopardize the essence of the rights stipulated in the Constitution. For all the above, the Law on Societies which was issued in the absence of democracy, does not enjoy any legitimacy both in terms of issuance or content. Therefore, it must not be used to restrict the activity of societies, and is not suitable as a framework for the activities of human rights associations.
The Bahrain Center for Human Rights was established with the will of its founders and its general assembly. Its fate is, therefore, decided by its general assembly and not by any government body, especially since the role of the Center is to monitor the government and not to be controlled by it. The founders had agreed at the outset to register the Center within the provisions of the Societies Law, because of penal pressures on one hand, and the promises to amend the law on the other. Now, since the law has not been amended, but used arbitrarily to close the Center, the members of its general assembly have decided to bear all the pressures and disconnect the Center from the Societies Law.