UNITED
NATIONS
A
General Assembly
Distr.
LIMITED
A/HRC/WG.6/1/BHR/2
[date]
Original: ENGLISH
HUMAN RIGHTS COUNCIL
Working Group on the Universal Periodic Review
First session
Geneva, 7-18 April 2008
ADVANCE UNEDITED VERSION
25 February 2008
COMPILATION PREPARED BY THE OFFICE OF THE HIGH COMMISSIONER FOR
HUMAN RIGHTS, IN ACCORDANCE WITH PARAGRAPH 15(B) OF
RESOLUTION 5/1 OF THE HUMAN RIGHTS COUNCIL
Bahrain
UNITED
NATIONS
A
General Assembly
Distr.
LIMITED
A/HRC/WG.6/1/BHR/2
[date]
Original: ENGLISH
HUMAN RIGHTS COUNCIL
Working Group on the Universal Periodic Review
First session
Geneva, 7-18 April 2008
ADVANCE UNEDITED VERSION
25 February 2008
COMPILATION PREPARED BY THE OFFICE OF THE HIGH COMMISSIONER FOR
HUMAN RIGHTS, IN ACCORDANCE WITH PARAGRAPH 15(B) OF
RESOLUTION 5/1 OF THE HUMAN RIGHTS COUNCIL
Bahrain
This report is a compilation of the information contained in the reports of treaty bodies, special
procedures, including observations and comments by the State concerned, and other relevant official
United Nations documents. It does not contain any opinions, views or suggestions of the Office of the
High Commissioner for Human Rights (OHCHR). It follows the structure of the general guidelines
adopted by the Human Rights Council. Information included therein has been systematically
referenced in endnotes. The periodicity of the review for the first cycle being of four years, most
documents are dated after 1 January 2004. In the absence of recent information, the latest available
reports and documents have also been taken into consideration, unless outdated. Since this report only
compiles official United Nations documents, lack of information or focus on specific issues may be
due to non ratification of a treaty, and / or to a low level of interaction or cooperation with
international human rights mechanisms.
I. BACKGROUND AND FRAMEWORK
A. Scope of international obligations1 (The following is a timetable, see the original document)
Core universal
human rights treaties
Date of ratification,
accession or succession
Declarations/
Reservations
Recognition of specific competences of
Treaty Bodies
ICERD2 27/03/1990 Yes (art. 22) Individual complaints (art.14): No
ICESCR3 27/09/2007 Yes (art. 8(1)(d)) –
ICCPR4 20/09/2006 Yes (arts. 3, 9(5),
14(7), 18 and 23)
Inter-state complaints (art.41): No
CEDAW5 18/06/2002 Yes (arts. 2, 9(2),
15(4), 16, 29(1))
–
CAT6 06/03/1998 Yes (art. 30(1)) Inter-state complaints (art. 21): No
Individual complaints (art. 22): No
Inquiry procedure (art. 20): Yes
CRC7 13/02/1990 No –
CRC-OP-AC8 21/09/2004 Yes (art. 3(2)) –
CRC-OP-SC9 21/09/2004 No –
Core treaties to which Bahrain is not a party: ICCPR-OP110, ICCPR-OP211, OP-CEDAW12, OP-CAT13, ICRMW14,
CPD15 (signature only, 2007), OP-CPD16 and CED17.
Other relevant main instruments 18 Ratification, accession or succession
Convention on the Prevention and Punishment of the Crime of Genocide Yes
Rome Statute of the International Criminal Court No
Palermo protocol19 Yes
Refugees and Stateless Persons20 No
Geneva Conventions and their Protocols 21 Yes except Protocol III
ILO Fundamental Conventions No 29, 105, 87, 98, 100, 111, 138 and
182.22
Yes except Nos. 87, 98 and 100.
UNESCO Convention against Discrimination in Education No
1. The Committee Against Torture (CAT) welcomed Bahrain’s accession to international
human rights treaties, including the Convention Against Torture, in 1998, as well as the
withdrawal of its reservation to art. 20 of the Convention in the same year.23 Bahrain’s
accession to the CEDAW in 2002 was also welcomed. 24
2. The Committee on the Elimination of Racial Discrimination (CERD), the Committee
on the Rights of the Child (CRC) and the Special Rapporteur on Trafficking in persons,
especially women and children recommended that Bahrain ratify the ICRMW.25 Further,
CERD strongly recommended that the State ratify the ICCPR and the ICESCR26, which
occurred in 2006 and 2007 respectively. Bahrain was urged to make the optional declaration
under article 14 of the ICERD, to make the declarations under articles 21 and 22 of the CAT,
as well as to ratify the OP-CAT.27
B. Constitutional and legislative framework
3. The promulgation of the amended Constitution and the creation of the Constitutional
Court in 2002, as well as the establishment of a new bicameral parliament with an elected
chamber of deputies were welcome developments.28
A/HRC/WG.6/1/BHR/2
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4. In 2005, CAT noted (i) the establishment of the Higher Judicial Council which draws
a clear dividing line between the executive branch and the judiciary and thereby reinforces a
separation of powers stipulated in the Constitution, (ii) the abolition of the State Security
Court, and (iii) the repeal of the State Security Law.29
5. CAT expressed concern at the lack of a comprehensive definition of torture in
domestic law and recommended that Bahrain adopt a definition consistent with article 1 of the
Convention.30 Also of concern was the blanket amnesty extended to all alleged perpetrators of
torture or other crimes by Decree No. 56 of 2002 and the lack of redress available to victims
of torture. It was recommended that Bahrain amend the Decree to ensure that there is no
impunity for officials who have perpetrated or acquiesced in torture or other cruel, inhuman
or degrading treatment.31
6. It was recommended that Bahrain incorporate in its domestic law a definition of racial
discrimination that includes the elements set forth in article 1 of ICERD.32
C. Institutional and human rights structure
7. Both CAT and CERD called on Bahrain to consider the establishment of a national
human rights institution (NHRI), in accordance with the Paris Principles.33 In reference to
Bahrain’s follow-up report, CERD noted that a draft law establishing an NHRI was under
consideration and wished to receive additional information on progress, in particular on the
extent to which the NHRI, if created, would comply with the Paris Principles.34
D. Policy measures
8. The adoption of the National Action Charter in 2001 was a welcome achievement.35 It
outlines reforms aimed at enhancing non-discrimination, due process of law and the
prohibition of torture and arbitrary arrest and stating, inter alia, that any evidence obtained
through torture is inadmissible.36
9. Information concerning the establishment in 2002 of an Inter-Ministerial Anti-
Trafficking Task Force with a mandate inter alia, to develop a national plan of action against
trafficking in persons was received with interest by the Special Rapporteur on trafficking in
persons, especially women and children.37
10. In response to a request by the OHCHR on human rights obligations related to
equitable access to safe drinking water and sanitation, Bahrain informed of its National plan
of action, development programmes, public policies or emergency responses on the issue38.
Inter alia, the State has established comprehensive programmes/action plans for integration of
Bahrain water resources management.39
11. A 2006 UNDP report informed that Bahrain issued a decree requiring that democracy
and human rights be taught in the State’s schools.40
II. PROMOTION AND PROTECTION OF HUMAN RIGHTS ON THE GROUND
A. Cooperation with international human rights mechanisms
1. Cooperation with Treaty bodies (The following is a timetable, see the original document)
Treaty Body
Latest report
submitted and
considered
Latest
concluding
observations
Follow-up
response Reporting status
CERD41 2003 March 2005 October 2006 8th and 9th periodic reports due in 2007
CESCR42 – – – Initial report due in 2009
HR Committee43 – – – Initial report due in 2007
CEDAW44 – – – Initial report overdue since 2003; 1st and
2nd combined reports received in 2007
CAT45 2004 May 2005 November 2006 2nd periodic report due in 2007
CRC46 2001 January 2002 – 2nd and 3rd periodic reports
overdue since 2004
CRC-OP-AC – – – Initial report overdue since 2006
CRC-OP-SC – – – Initial report overdue since 2006
2. Cooperation with Special Procedures
Standing invitation No
Latest visits or mission
reports
The Special Rapporteur on trafficking in persons, especially women and children (29
October -1 November 2006)47; Working Group on Arbitrary Detention (19-24 October
2001).48
Visits agreed upon in
principle
Special Rapporteur on the human rights of migrants.
Visits requested and not
yet agreed upon
No
Facilitation/Cooperation
during missions
The Special Rapporteur on trafficking in persons, especially women and children thanked
the respective Governments for their collaboration in facilitating meetings with officials
from various branches of Government. She particularly welcomed the openness with which
the authorities discussed issues concerning trafficking in persons. She regretted that due to
the timing of the visit prior to the parliamentary elections in Bahrain, she was unable to
meet with members of the Shura Council.49
Responses to letters of
allegation and urgent
appeals
Between 01 January 2004 and 31 December 2007, 29 communications (letters of
allegations and urgent appeals) were sent to Bahrain. 64 individuals were covered by these
communications, including 9 women. Between 01 January 2004 and 31 December 2007,
Bahrain replied to 20 communications which represents 69 percent of communications sent.
Follow-up to visits No
Responses to
questionnaires
on thematic issues
Out of 13 questionnaires sent by the Special Procedures mandate holders50 between 01
January 2004 and 31 December 2007, Bahrain responded to the two of them within the
deadlines.51
12. Both CAT and CRC welcomed the visit to Bahrain in 2001 by the Working Group on
Arbitrary Detention, which was granted unrestricted access to all prisons and police station
holding cells, and was able to speak freely and without witnesses to prisoners it selected at
random.52
3. Cooperation with the Office of the High Commissioner for Human Rights
13. In 2002 the former High Commissioner Mary Robinson visited Bahrain. During recent
years, Bahrain has regularly provided financial contributions to OHCHR, as well as to the
Voluntary Fund for Victims of Torture. In February 2004, Bahrain hosted a workshop
organised by the Arab Institute for Human Rights and supported by OHCHR on the
evaluation of training methods for vulnerable groups and popular education.53
B. Implementation of international human rights obligations
1. Equality and Non-discrimination
14. In 2005, CERD requested Bahrain to take measures to give effect to the provisions of
the ICERD.54 It regretted that no statistics were provided on cases of application of relevant
provisions of domestic legislation concerning racial discrimination. CERD recommended that
Bahrain consider whether the lack of formal complaints could be the result of the victims’
lack of awareness of their rights, lack of confidence in the police and judicial authorities, or
the authorities’ lack of attention, sensitivity, or commitment to cases of racial
discrimination.55
15. Bahrain was called on by CERD to ensure that everyone, without distinction as to race,
colour, or national or ethnic origin, enjoys the rights to work and to health and social security,
adequate housing and education in accordance with the Convention. 56 CERD expressed
concern at the reportedly disparate treatment of, opportunities afforded to, and discrimination
faced by, members of some groups, in particular the Shia, when it comes to economic, social
and cultural rights.57 CRC was concerned about the disparities in access to social services
available in Shia communities in comparison to those in largely Sunni areas and about the
enjoyment of rights by the bidoon and by non-national children, particularly children with
disabilities. It was recommended that Bahrain (i) continue its efforts to ensure that all children
within its jurisdiction enjoy all the rights set out in the Convention without discrimination and
(ii) continue to prioritize and target resources and social services for children belonging to the
most vulnerable groups. 58 CERD took note of the State’s follow-up report setting out
constitutional provisions which ensure that everyone, without distinction based on race,
colour, descent, or national or ethnic origin, enjoys the right set out in Art 5 of ICERD, and
requested information on concrete steps taken to ensure the implementation of these
provisions for all persons in Bahrain.59 CERD welcomed the organization of training
programmes for the judiciary and law enforcement officials on the promotion and protection
of human rights in the field of racial discrimination.60
16. A 2006 UNDP Report noted that Bahrain lacked a unified personal status code.61 The
Special Rapporteur on the independence of judges and lawyers, together with the Special
Rapporteur on violence against women, its causes and consequences, noted that Bahrain does
not have a codified family law that stipulates clear and equitable norms on divorce or child
custody.62 The broad discretionary powers of Sharia courts in the application of personal
status law and criminal law and reported failures to take into account clear evidence of
violence against women confirmed in medical certificates were also addressed.63 Two Special
Rapporteurs added that due to the absence of a codified family law, judges can decide cases
according to their personal interpretation of Sharia, which reportedly tends to favor men.64
They were concerned that a considerable number of women in Bahrain could be trapped in
violent relationships, because they fear having to renounce child custody rights or property
rights in order to be granted a divorce.65 It was recommended that Bahrain consider adopting
a Family Code, including fair standards of proof and other measures to prevent and punish
violence against women, especially domestic violence. 66 The above-mentioned UNDP report
noted that the King of Bahrain formed a committee to prepare a family law bill, and although
the committee had completed its work, as of 2005, the bill had yet to be passed into law.67
17. While CRC noted in 2002 the significant achievements in the status of women in
Bahrain, it expressed its concern about: (a) discrimination against females and children born
out of wedlock under existing personal status law (e.g. inheritance, custody and guardianship);
and (b) certain vocational courses at the secondary level that are restricted to one sex. CRC
recommended that Bahrain (a) take effective measures to prevent and eliminate discrimination
on grounds of sex and birth in all fields of civil, economic, political, social and cultural life; (b)
take all appropriate measures, such as comprehensive public education campaigns, to prevent
and combat negative societal attitudes, particularly within the family; and (c) train members
of the legal profession, especially the judiciary, to be gender sensitive. Religious leaders
should be mobilized to support such efforts.68
18. A Common Country Assessment (CCA) of 2002 indicated that women face strong
employment discrimination in both the public and private sectors, in areas such as
participation in the workforce, likelihood to receive promotions, competitiveness for senior
positions, salary, and job opportunities.69 A 2006 UNDP report noted that the requirement for
Bahraini women to secure their husbands’ approval before obtaining a passport was abolished
and women were allowed to work as traffic police.70 The CCA added that one of the root
causes hindering women’s participation in decision-making processes is the general public’s
attitude towards female politicians and leaders. 71 In 2007, the proportion of seats held by
women in the national parliament was 2.5 per cent.72 Awareness and education campaigns
aimed at dismantling gender stereotypes were called for. At the same time, the CCA noted
that Bahrain’s achievement in the area of gender balance in education is remarkable.73
19. The situation of migrant workers was also of concern, and CERD, as highlighted also
by UNHCR,74 urged Bahrain to take necessary measures to extend full protection from racial
discrimination to migrant workers and remove obstacles that prevent the enjoyment of
economic, social and cultural rights, notably in the areas of education, housing, employment
and health. Bahrain was asked to provide information in its next periodic report on any
bilateral agreements it has entered into with the countries of origin of migrant workers in its
territory.75 In its follow-up letter in 2007, CERD commended the legislative provisions
adopted to protect immigrant domestic workers, and welcomed information on steps taken to
effectively implement these provisions.76 The publication of the foreign workers’ manual was
also welcomed.77
20. Allegations of substantial prejudice against women migrant domestic workers, their
working conditions, and their lack of protection under the Labour Code were also raised by
CERD,78 as highlighted by UNHCR.79 According to information received by the Special
Rapporteur on the human rights of migrants and three other mandate holders,80 women
domestic migrant workers are explicitly excluded from the labor laws for the private sector,
many have to work 15 to 17 hours a day, seven days a week, and their employers often restrict
their freedom of movement. Since their legal status in Bahrain depends on the continued visa
sponsorship of their employers, those who attempt to escape from exploitative situations risk
arrest, prolonged administrative detention and deportation. Furthermore, it was reported that
public authorities often privilege employers in disputes involving migrant workers.81 Bahrain
was requested to take effective measures to prevent and redress the serious problems faced by
female domestic workers, including debt bondage, passport retention, illegal confinement,
rape and physical assault. 82 Further, CERD wished to receive information on specific
measures and concrete steps taken to protect female migrant domestic workers, in particular
in relation to those issues.83
21. Also of concern was the fact that a Bahraini woman is unable to transmit her
nationality to her child when she is married to a foreign national, and that a foreign man is
unable to acquire Bahraini nationality in the same manner as a foreign woman. CERD
requested Bahrain, as highlighted also by UNHCR84, to consider modifying these provisions
and stressed that States should ensure that particular groups of non-citizens are not
discriminated against with regard to access to citizenship or naturalization.85
22. The absence of a defined minimum age for marriage, and inconsistencies in other
areas of Bahraini law with respect to minimum ages were addressed by CRC. It recommended
that Bahrain: (i) review and amend its legislation so that the minimum-age requirements are
gender neutral, are explicit, and are enforced by law; and, in particular; (ii) establish a genderneutral
minimum age for marriage.86
2. Right to life, liberty and security of the person
23. In 2005, CAT welcomed reports that systematic torture no longer takes place
following 2001 reforms87 but noted with concern: (a) the persistent gap between the
legislative framework and its practical implementation with regard to Bahrain’s obligations
under the Convention; (b) the large number of allegations of torture and other ill-treatment of
detainees committed prior to 2001; (c) the absence of data on complaints of torture and illtreatment,
and the results of investigations or prosecutions related to the provisions of the
CAT; and (d) reports of the beating and mistreatment of prisoners during three strikes in 2003
at Jaw Prison, followed by the establishment of an investigative commission whose findings
have not been made public. Bahrain was called on to provide complete information about
these events.88
24. CAT also expressed its concern at (a) reports of extended periods of incommunicado
detention following ratification of the Convention and prior to 2001, particularly during
pre-trial investigations; (b) inadequate safeguards available to detainees, including access to
external legal advice while in police custody, to medical assistance and to family members,
and (c) lack of access by independent monitors to all places of detention without prior notice,
notwithstanding assurances by Bahrain that it will allow access to civil society
organizations.89
25. Bahrain should respect the absolute nature of article 3 of CAT in all circumstances and
fully incorporate it into domestic law.90 It was recommended that Bahrain establish an
independent body mandated to visit and/or supervise places of detention without prior notice,
and allow impartial organisations and non-governmental organizations (NGOs) to visit
prisons and places of detention.91 Further, it was requested that all detained persons should
have immediate access to a doctor and a lawyer, as well as contact with their families, and
that detainees held by the Criminal Investigation Department are given prompt access to a
judge.92 Furthermore, CAT recommended that law enforcement, civil, military and medical
personnel, and public officials undergo training on issues related to torture.93
26. Three mandate holders shared their concern with respect to the alleged
disproportionate use of force by the Bahraini security forces when dispersing peaceful
demonstrators. Many of the demonstrators were reportedly beaten and some required hospital
treatment.94 In its reply, the Government stated that if injuries were sustained, it happened
while the policemen were taking precautionary measures to protect themselves from a direct
attack.95
27. Trafficking in persons is not presently a crime under Bahrain’s Penal Code. In its
pledges and commitments in 2006, Bahrain indicated that a draft law on the issue of
trafficking was being prepared96 which, as the Special Rapporteur on trafficking in persons,
especially women and children learned with interest, contains a definition of trafficking
reflecting that contained in the Palermo Protocol.97 On the issue of preventing forced marriage
in the context of trafficking in persons, the Special Rapporteur recommended, as highlighted
also by UNHCR,98 that Bahrain (among others) amend its legislation so that victims of forced
marriages are not dependent upon their spouses for legal immigration status and that
governments should recognize forced marriage, especially in the context of trafficking in
persons, as a condition giving rise to a claim of asylum based on gender-related violence and
other forms of human rights violations, and ensure that the women and girls are not
deported.99
28. The Special Rapporteur on trafficking in persons, especially women and children
noted that Bahrain’s Labour Code of 1976 contains various provisions protecting against
abuse and exploitation of foreign workers, with the exclusion of domestic workers.100 In
extreme cases, domestic migrant workers may also be subjected to physical or sexual abuse
and face the possibility of rape and other forms of violence by their employers.101
29. The 2002 CCA indicated that the Ministry of Health formed a committee which drew
up a child protection plan including a detailed timetable to deal with the problem starting in
January 1999. The plan incorporates three main areas: remedial action, education and law
enforcement and justice. Despite significant constitutional reviews and adherence to
conventions, there has been an increase in reported cases of child abuse and rape. The CCA
noted that there is a need for a behavioural and attitudinal change as well as for more effective
enforcement of laws pertaining to child abuse. The child protection committee offers a good
service to children who suffer from abuse, but it lacks the necessary abilities and authority to
protect such children.102
3. Administration of justice and the rule of law
30. Bahrain was encouraged by CAT to fully ensure the independence of the judiciary and
include female judicial officials in its judicial system.103
31. In 2005, CAT expressed concern at the apparent failure to investigate promptly,
impartially and fully the numerous allegations of torture and ill-treatment and to prosecute
alleged offenders, and in particular the pattern of impunity for torture and other ill-treatment
committed by law enforcement personnel in the past.104 Further, the inadequate availability in
practice of civil compensation and rehabilitation for victims of torture prior to 2001 was an
issue of concern and it was recommended that Bahrain ensure that its legal system provide
victims of past acts of torture with redress and an enforceable right to fair and adequate
compensation.105
32. In 2002, CRC regretted that no information was provided in Bahrain’s report
concerning the serious allegations of torture and arbitrary arrest of persons under 18 referred
to in other reports. It strongly recommended Bahrain to: (a) investigate effectively all cases
of torture and inhuman and degrading treatment or punishment by police officers or other
government officials and bring the perpetrators to justice; (b) pay full attention to the victims
of these violations and provide them with adequate compensation, recovery and social
reintegration; and (c) include in its subsequent reports information concerning the above
recommendations.106
4. Freedom of expression, association and peaceful assembly
33. In 2005, CAT expressed concern regarding limits on human rights NGOs to conduct
their work within the country and abroad.107 It urged Bahrain to remove inappropriate
restrictions on the work of NGOs.108 Bahrain, in its follow-up report, provided examples of
activities conducted by NGOs and indicated that individuals were to apply for permission to
establish an association.109 In its pledges to the Human Rights Council, Bahrain committed to
continue to work to promote its NGOs, especially those dealing with human rights.110
34. There was concern over the banning of the Bahrain Centre for Human Rights
(BCHR).111 CERD requested that Bahrain permit integrationist multiracial organisations and
movements and create an enabling environment for them, and encouraged it to maintain
dialogue with all civil society organizations, including those critical of its policies. The
Special Representative of the Secretary General (SRSG) on the situation of human rights
defenders expressed concerns that the decision to dissolve the BCHR was an attempt by the
authorities to silence the organisation and other human rights defenders in the country, and to
prevent them from carrying out their legitimate activities in defence of human rights.112 The
Government responded that the Ministerial Order to close BCHR was made after the group
repeatedly and clearly demonstrated that it was more interested in political campaigning than
in human rights issues.113 Within the framework of the follow-up procedure, CERD took note
that Bahrain had set up laws and policies to encourage the activities of civil society
organisations, and requested to receive additional information on the Political Associations
Act (2005). It also requested information on certain human rights activists and on any charges
brought against them.114 The SRSG on the situation of human rights defenders invited
Bahrain to review the Law on Societies and other relevant regulations to ensure that Bahrain’s legislation adequately protects the right of persons to freely organize to defend human rights.115
35. The SRSG on the situation of human rights defenders noted that the use of criminal
charges such as “encouraging hatred of the State” and “distributing falsehoods and rumors”
frequently implies the risk of suppressing legitimate free speech, and is particularly worrying
when such charges are raised against a person for having denounced alleged human rights
violations.116 Further, she remained concerned about the heaviness of the alleged sentences
for defamation, which is still a criminal offence in the country.117
36. Three mandate holders118 raised the case of a leading human rights defender who
appeared in court on charges of insulting the judiciary; defamation and slander of a family
court judge; and slander of the husband of a victim of domestic violence. The charges arose
from petitions and articles issued by a women rights organization, of which the human rights activist was the director. In this role, the defendant reportedly organized protests, vigils and a
hunger strike in an effort to draw attention to how the existing family court system
discriminates against women. Concern was expressed that the charges brought against the
defendant were a direct attempt at silencing her work in defending women’s human rights.119
In its detailed reply the Government stated, inter alia, that the criminal case brought against
the plaintiff had nothing to do with her work as a human rights activist.120
37. The release of three human rights defenders from detention was welcomed by the
SRSG on human rights defenders121 who shared her concerns that their arrest and detention
were aimed at preventing their activities as human rights defenders122 as they were allegedly
arrested during a peaceful demonstration and it was feared that their organizations might be
closed.123 She also welcomed reversal of the decision to close a non-governmental
organization.124
5. Right to an adequate standard of living
38. A 2007 report of the World Health Organisation (WHO) noted comprehensive health
services are provided to citizens of Bahrain free of charge through the primary health care
system.125 Accessibility and coverage are almost 100%. The expenditure on health however
is relatively low compared with other countries with similar income levels. The performance
of the health care system has been impressive with very low infant and maternal mortality
rates. Obesity is an emerging problem and communicable diseases are largely under control.
Available data indicates a low prevalence of HIV, but accurate data was not available.126
6. Human rights and counter-terrorism
39. In April 2005, over thirty political and civic organizations signed a statement rejecting
the draft law on counter-terrorism, describing it as a major setback for public and personal
freedoms and a threat to the gains in freedom of expression, opinion and social and political
action achieved by the Bahraini people over the previous four years.127 In 2005, CAT
expressed its concern at certain provisions of the bill which would reduce safeguards against
torture and could re-establish conditions that characterized past abuses under the State
Security Law. These provisions include, inter alia, the broad and vague definition of terrorism
and terrorist organizations, as well as the transfer from the judiciary to the public prosecutor
of authority to arrest and detain, in particular, to extend pre-trial detention.128 It was
recommended that Bahrain ensure that any measure taken to combat terrorism, including the
draft law, complies with international human rights law, including the CAT.129
40. The Special Rapporteur on the promotion and protection of human rights and
fundamental freedoms while countering terrorism also shared his concerns with Bahrain
regarding some aspects of the draft law on counter-terrorism. Inter alia, the broad definition
of terrorism contained therein and the restrictions brought to freedom of association and
assembly were raised.130 Further, the mandate-holder noted that the offence of incitement to
terrorism fails to establish a clear and foreseeable threshold for criminalization and he was
concerned at the possibility, under the then draft law for an individual to be detained up to 90
days without the involvement of any member of the judiciary.131 In its response Bahrain
informed the Special Rapporteur that the definition in the draft law does not go beyond the
scope of the definition found in the regional conventions to which Bahrain is a party including
the Arab Convention for the Suppression of Terrorism. Bahrain maintained that the definition
of terrorism in the law was not broad and was consistent with the relevant international
conventions.132
III. ACHIEVEMENTS, BEST PRACTICES, CHALLENGES AND CONSTRAINTS
41. CERD appreciated the establishment in 2002 for the first time of trade unions as well
as of cultural associations of foreigners.133 Bahrain’s efforts towards greater openness and
accountability with respect to human rights, and the decision to transfer the public prosecution
office from the Ministry of the Interior to the Ministry of Justice were welcomed by the
CRC.134
IV. KEY NATIONAL PRIORITIES, INITIATIVES AND COMMITMENTS
A. Pledges by the State
42. Bahrain pledged to continue to host seminars and workshops on human rights in order
to increase public awareness of specific human rights issues. It will work with other actors
within the international community to develop and strengthen human rights, through the
implementation of human rights principles and standards enshrined in regional and
international agreements.135
B. Specific recommendations for follow-up
43. In 2005, CERD requested Bahrain to provide information within one year on the way
it has followed up on its recommendations related to: the establishment of a national human
rights institution; the integrationist multiracial organizations and movements; female migrant
domestic workers and discrimination faced by some groups, in particular the Shia.136 On 19
October 2006, the Government of Bahrain provided a follow-up report to CERD
(CERD/C/BHR/CO/7/Add.1),137 with a lengthy response to all the issues. In its reply letter to
Bahrain’s follow-up report, CERD welcomed the co-operation and the constructive dialogue
with Bahrain and asked for additional information from the government to be submitted and
included in the 8th and 9th periodic reports.138
44. In 2005, CAT requested Bahrain to provide information within one year on its
response to the Committee’s recommendations related to: inadequate access to external legal
advice while in police custody (incl. to medical assistance and to family members); different
regimes applicable, in law and in practice, to nationals and foreigners in relation to their legal
rights; overbroad discretionary powers of the Shariah court judges in the application of
personal status law and criminal law; and, in particular, reported failures to take into account
clear evidence of violence confirmed in medical certificates following violence against
women.139 On 21 November 2006, the Government of Bahrain provided a follow-up report
(CAT/C/BHR/CO/1/Add.1).140
V. CAPACITY BUILDING AND TECHNICAL ASSISTANCE
45. In 2002 CRC recommended Bahrain to seek technical assistance from, among others,
OHCHR and UNICEF on monitoring structures141 and from UNICEF on data collection.142
CRC also recommended that the State seek assistance from, among others, OHCHR and
UNICEF on the administration of juvenile justice143 and training/dissemination of the
Convention.144 Further, the Committee recommended that Bahrain seek assistance from,
among others, UNICEF on respect for the views of the child145; from UNICEF and the WHO
in the areas of adolescent health146 and violence/abuse/neglect/maltreatment147; and from the
International Labour Organisation on economic exploitation148.
Notes
1 Unless indicated otherwise, the status of ratifications of instruments listed below may be found in Multilateral
Treaties Deposited with the Secretary-General: Status as at 31 December 2006, ST/LEG/SER.E.25;
complemented by the official website of the United Nations Treaty Collection database, Office of Legal Affairs,
http://untreaty.un.org/.
2 International Convention on the Elimination of All Forms of Racial Discrimination
3 International Covenant on Economic, Social and Cultural Rights
4 International Covenant on Civil and Political Rights
5 Convention on the Elimination of Discrimination Against Women
6 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
7 Convention on the Rights of the Child
8 Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed
conflict.
9 Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and
child pornography.
10 First Optional Protocol to the International Covenant on Civil and Political Rights.
11 Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition
of the death penalty.
12 Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women.
13 Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment.
14 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families.
15 Convention on the Rights of Persons with Disabilities.
16 Optional Protocol to the Convention on the Rights of Persons with Disabilities.
17 International Convention for the Protection of All Persons from Enforced Disappearance.
18 Information relating to other international instruments, including regional instruments can be found in the
State’s Pledges and Commitments. The Permanent Mission of the Kingdom of Bahrain, Aide-memoire on
Bahrain’s voluntary pledges related to Bahrain’s candidature to the Human Rights Council, Letter dated 25 April
2006.
19 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,
supplementing the United Nations Convention against Transnational Organized Crime.
20 1951 Convention relating to the Status of Refugees and its 1967 Protocol, 1954 Convention relating to the
status of Stateless Persons and 1961 Convention on the Reduction of Statelessness.
21 Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field;
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed
Forces at Sea; Convention (III) relative to the Treatment of Prisoners of War; Convention (IV) relative to the
Protection of Civilian Persons in Time of War; Protocol Additional to the Geneva Conventions of 12 August
1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I); Protocol Additional
to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International
Armed Conflicts (Protocol II); Protocol additional to the Geneva Conventions of 12 August 1949, and relating to
the Adoption of an Additional Distinctive Emblem (Protocol III). Source: Switzerland, Federal department of
foreign affairs, http://www.eda.admin.ch/eda/fr/home/topics/intla/intrea/chdep/warvic.html.
22 International Labour Organization Convention No. 29 concerning Forced or Compulsory Labour and
Convention; Convention No.105 concerning the Abolition of Forced Labour, Convention No.87 concerning
Freedom of Association and Protection of the Right to Organise; Convention No.98 concerning the Application
of the Principles of the Right to Organise and to Bargain Collectively; Convention No.100 concerning Equal
Remuneration for Men and Women Workers for Work of Equal Value; Convention No.111 concerning
Discrimination in Respect of Employment and Occupation; Convention No.138 concerning Minimum Age for
Admission to Employment; Convention No.182 concerning the Prohibition and Immediate Action for the
Elimination of the Worst Forms of Child Labour.
23 CAT, Conclusions and Recommendations, CAT/C/CR/34/BHR, paras. 5(b), (c).
24 CAT, Conclusions and Recommendations, op. cit., para. 5(b); CERD, Concluding Observations,
CERD/C/BHR/CO/7, para.7.
25 CERD, Concluding Observations, op. cit., para.19. See also: CRC, Concluding observations, op. cit., para. 29
(c), and A/HRC/4/23/Add.2 (Report of the Special Rapporteur on trafficking in persons, especially women and
children), para. 19.
26 CERD, Concluding Observations, op. cit., para. 19.
27 CERD, Concluding Observations, op. cit., para. 20; CAT, Conclusions and Recommendations, op. cit., para.9.
28 CERD, Concluding Observations, op. cit.m para. 4. See also: CAT, Conclusions and Recommendations, op.
cit., para.5 (a).
29 CAT, Conclusions and Recommendations, para. 5 (a).
30 CAT, Conclusions and Recommendations, op. cit., paras 6(b) and 7 (a).
31 CAT, Conclusions and Recommendations, op. cit., para. 6 (g) and 7(d).
32 CERD, Concluding Observations, op. cit., para.11.
33 Principles relating to the status of national institutions for the promotion and protection of human rights,
General Assembly resolution 48/134, annex; CERD, Concluding Observations, op. cit. para. 12; CAT,
Conclusions and Recommendations, op. cit., paras. 6 (n) and 7 (l).).
34 Follow-up procedure, Letter dated 9 March 2007 sent by CERD to Bahrain, available at
http://www.ohchr.org/english/bodies/cerd/docs/70_Letter_Bahrain.pdf., in relation to para. 12 of the Concluding
observations of CERD, op. cit.
35 CERD, Concluding Observations, op. cit., para. 4. See also: CAT, Conclusions and Recommendations, para.5
(a).
36 CAT, Conclusions and Recommendations, para. 5 (a).
37 Special Rapporteur on trafficking in persons, especially women and children, A/HRC/4/23/Add.2, para.19.
38 Letter from the Permanent Mission of the Kingdom of Bahrain to OHCHR, dated 24 April 2007.
39 Ibid.
40 UNDP, Arab Human Development Report, New York, 2006, p. 5.
41 Committee on the Elimination of Racial Discrimination.
42 Committee on Economic, Social and Cultural Rights.
43 Human Rights Committee.
44 Committee on the Elimination of Discrimination Against Women
45 Committee against Torture.
46 Committee on the Rights of the Child.
47 Op. cit.
48 E/CN.4/2002/77/Add.2.
49 Ibid,para.2.
50 – Special Rapporteur on the right to education (A/HRC/4/29): Questionnaire on the right to education of
persons with disabilities Report of the Special Rapporteur on the right to education, the right to education of
persons with disabilities sent in 2006)
– Special Rapporteur on the human rights of migrants (A/HRC/4/24): Questionnaire on the human rights of
migrants on border control and measures to reduce/address irregular migration; expulsion; conditions for
admission/stay; rights of migrants; and the protection of migrants sent on 8 and 9 September 2006
– Special Rapporteur on trafficking in persons, especially in women and children (A/HRC/4/23): Questionnaire
on Forced marriages in the context of trafficking in persons, especially women and children Report of the
Special Rapporteur on the human rights aspects of the victims of trafficking in persons, especially women and
children sent on 26 July 2006.
– Special Representative on human rights defenders (E/CN.4/2006/95/Add.5): Questionnaire aimed at identifying
the main areas of progress and the remaining challenges that need to be addressed in relation to the
implementation of the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society
to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms sent in June 2005.
– Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people
(A/HRC/6/15): Questionnaire on the human rights of indigenous peoples sent in August 2007
– Special Rapporteur on trafficking in persons, especially in women and children (E/CN.4/2006/62) and the
Special Rapporteur on the sale of children, child prostitution and child pornography (E/CN.4/2006/67) : Joint
questionnaire on demand for commercial sexual exploitation and trafficking and demand for sexual services
deriving from exploitation sent on 25 and 26 July 2005.
– Special Rapporteur on the right to education (E/CN.4/2006/45): Questionnaire on girl’s right to education sent
in 2005.
– Working Group on the use of mercenaries as a means of violating human rights(A/61/341): Questionnaire on
Mercenaries sent in mid-November 2005.
-Special Rapporteur on the sale of children, child prostitution and child pornography (A/HRC/4/31):
Questionnaire on the Sale of Children’s organs sent on July 2006.
– Special Rapporteur on the sale of children, child prostitution and child pornography (E/CN.4/2005/78):
Questionnaire on Child pornography on the Internet sent on 30 July 2004.
– Special Rapporteur on the sale of children, child prostitution and child pornography (E/CN.4/2004/9):
Questionnaire on the Prevention of child sexual exploitation sent on 29 July 2003.
-Special Representative of the Secretary-General on the issue of human rights and transnational corporations and
other business enterprise, A/HRC/4/35/Add.3 : Questionnaire to identify policies and practices by which states
regulate, adjudicate and otherwise influence corporate actions
51 Questionnaire aimed at identifying the main areas of progress and the remaining challenges that need to be
addressed in relation to the implementation of the Declaration on the Right and Responsibility of Individuals,
Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental
Freedoms, E/CN.4/2006/95/Add.5.
Questionnaire to identify policies and practices by which states regulate, adjudicate and otherwise influence
corporate actions. A/HRC/4/35/Add.3, Report of the Special Representative of the Secretary-General on the
issue of human rights and transnational corporations and other business enterprise, para.7.
52 CAT, Conclusions and Recommendations, op. cit., para. 5(d); CRC, Concluding observations, op. cit., para. 49.
53 OHCHR Annual Report 2004, p.162.
54 CERD, Concluding Observations, op. cit., para. 9. CERD reiterated its recommendation that population data,
disaggregated by race, descent, ethnicity, language and religion, as well as the socio-economic status of each
group, be provided by Bahrain in its next periodic report (which was due in April 2007), para. 10.
55 CERD, Concluding Observations, op. cit., para. 18.
56 CERD, Concluding Observations, op. cit., para.16
57 CERD, Concluding Observations, op. cit., para.16
58 CRC, Concluding observations, op. cit., paras.28-29.
59 See the letter sent by CERD on 9 March 2007, to Bahrain. The letter is available on:
http://www.ohchr.org/english/bodies/cerd/docs/70_Letter_Bahrain.pdf.
60 CERD, Concluding Observations, op. cit., para. 6.
61 UNDP, Arab Human Development Report, 2005, New York, 2006, p. 19.
62 A/HRC/4/25/Add.1 (Report of the Special Rapporteur on the independence of judges and lawyers), at para. 43.
63 CAT, Conclusions and Recommendations, para. 6 (o).
64 Special Rapporteur on Independence of Judges and Lawyers, together with the Special Rapporteur on violence
against women, its causes and consequences. See A/HRC/4/25/Add.1 (Report of the Special Rapporteur on the
Independence of Judges and Lawyers), para. 43.
65 Report of the Special Rapporteur on the Independence of Judges and Lawyers, A/HRC/4/25/Add.1, para. 43.
66 CAT, Conclusions and Recommendations, para. 7.
67 UNDP, Arab Human Development Report, 2005, New York, 2006, p. 190.
68 CRC, Concluding observations, op. cit., para. 27.
69 United Nations Common Country Assessment (CCA) Bahrain, 2002, at p. 20.
70 UNDP, Arab Human Development Report, 2005, New York, 2006, p. 51.
71 United Nations Common Country Assessment, Bahrain, 2002, pp. 19-20.
72 Official United Nations Site for Millenium Development Goals Indicators, 24/01/08:
http://mdgs.un.org/unsd/mdg/
73 United Nations Common Country Assessment, Bahrain, 2002, pp. 19-20.
74 UNHCR submission to the UPR on Bahrain, p. 1, citing CERD/C/BHR/CO/7, para. 14.
75 CERD, Concluding Observations, op. cit., para. 14.
76 See the letter sent by CERD on 9 March 2007, to the State Party. The letter is available on:
http://www.ohchr.org/english/bodies/cerd/docs/70_Letter_Bahrain.pdf.
77 CAT, Conclusions and Recommendations, op. cit., para. 5(a).
78 CERD, Concluding Observations, op. cit., para. 15.
79 UNHCR submission to the UPR on Bahrain, p. 1, citing CERD/C/BHR/CO/7, paras.15 and 19.
80 The Special Rapporteur on trafficking in persons, the Special Rapporteur on violence against women, and the
Special Rapporteur on sale of children, child prostitution and child pornography. See Special Rapporteur on the
human rights of migrants, op. cit. (E/CN.4/2006/73/Add.1)
81 Special Rapporteur on the human rights of migrants, op. cit., para. 2.
82 CERD, Concluding Observations, para. 15.
83 See the letter sent by CERD on 9 March 2007, to Bahrain. The letter is available on:
http://www.ohchr.org/english/bodies/cerd/docs/70_Letter_Bahrain.pdf.
84 UNHCR submission to the UPR on Bahrain, p. 1, citing CERD/C/BHR/CO/7, para. 17..
85 CERD, Concluding Observations, op. cit., para. 17.
86 CRC, Concluding Observations, op. cit., paras. 20-21.
87 CAT, Conclusions and Recommendations, op. cit., para. 5(b).
88 CAT, Conclusions and Recommendations, op. cit., para.6 (a), 6 (c), 6 (k), 6 (p).
89 CAT, Conclusions and Recommendations, op. cit., para. 6 (d) and (e).
90 CAT, Conclusions and Recommendations, op. cit., para.7 (c).
91 CAT, Conclusions and Recommendations, op. cit., para 7 (g).
92 CAT, Conclusions and Recommendations, op. cit., para. 7 (j).
93 CAT, Conclusions and Recommendations, op. cit., para. 7 (n).
94 The Special Representative of the Secretary General on the situation of human rights defenders, together with
the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and
the Special Rapporteur on the question of torture. See E/CN.4/2006/95/Add.1, para. 24 ( The Report of the
Special Representative of the Secretary-General on the situation of human rights defenders)
95 Ibid., para. 28
96 Aide-memoire on Bahrain’s voluntary pledges related to Bahrain’s candidature to the Human Rights Council,,
op. cit.
97 Report of the Special Rapporteur on trafficking in persons, especially women and children,
A/HRC/4/23/Add.2, op. cit., para.23.
98 UNHCR submission to the UPR on Bahrain, p. 2, citing Report of the Special Rapporteur on trafficking in
persons, especially women and children, A/HRC/4/23/Add.2, op. cit., para.63..
99 Report of the Special Rapporteur on trafficking in persons, especially women and children,
A/HRC/4/23/Add.2, op. cit., para. 63.
100 Report of the Special Rapporteur on Trafficking in Persons, especially women and children, op. cit., para. 14
101 Special Rapporteur on the human rights of migrants, E/CN.4/2006/73/Add. 1, para. 3.
102 United Nations Common Country Assessment (CCA) Bahrain, 2002, at p. 17.
103 CAT, Conclusions and Recommendations, op. cit., para. 7(h).
104 CAT, Conclusions and Recommendations, op. cit., para. 6 (f).
105 CAT, Conclusions and Recommendations, op. cit., para.7 (b), 7 (e), 7 (d).
106 CRC, Concluding Observations, op. cit., paras. 35-36.
107 CAT, Conclusions and Recommendations, op. cit., para. 6(l).
108 CAT, Conclusions and Recommendations, op. cit., para. 7 (m).
109 See the Follow up report from the State Party: “Comments by the Government of Bahrain”, sent to CAT on
21 November, CAT/C/BHR/CO/1/add.1.
110 Aide-memoire on Bahrain’s voluntary pledges related to Bahrain’s candidature to the Human Rights Council,,
op. cit. .
111 CERD, Concluding Observations, op. cit., para. 13.
112 A/HRC/4/37/Add.1 (Report of the Special Representative of the Secretary-General on human rights defenders,
2007), para. 35. See also CERD, Concluding Observations, op. cit., para. 13.
113 A/HRC/4/37/Add.1,para 38
114 See the letter sent by CERD on 9 March 2007, to Bahrain. The letter is available on:
http://www.ohchr.org/english/bodies/cerd/docs/70_Letter_Bahrain.pdf
115 Special Representative of the Secretary-General on the situation of human rights defenders,
E/CN.4/2005/101/Add.1, para. 49
116 E/CN.4/2005/101/Add.1, para.48 (Report of the Special Representative of the Secretary-General on the
situation of human rights defenders).
117 E/CN.4/2006/95/Add.1, para.29 (Report of the Special Representative of the Secretary-General on the
situation of human rights defenders)
118 The SRSG on human rights defenders together with the Special Rapporteur on violence against women, its
causes and consequences, and the Special Rapporteur on the promotion and protection of the right to freedom of
opinion and expression.
119 E/CN.4/2006/95/Add.1, para. 25 (Report of the Special Representative of the Secretary-General on the
situation of human rights defenders).
120 Ibid.,par.27
121 E/CN.4/2005/101/Add.1,para. 48 (Report of the Special Representative of the Secretary-General on the
situation of human rights defenders).
122 Ibid, para. 41
123 Ibid, para. 39.
124 Ibid., para. 49.
125 WHO, Country Cooperation Strategy, Geneva, 2007, p. 1, available at http: www.who.int countryfocus
cooperation_strategy ccsbrief_bhr_en.pdf (accessed on 13 February 2008).
126 WHO, Country Cooperation Strategy, Geneva, 2007, p. 1, available at http: www.who.int countryfocus
cooperation_strategy ccsbrief_bhr_en.pdf (accessed on 13 February 2008).
127 UNDP Arab Human Development Report 2005, New York, 2006, p. 30.
128 CAT, Conclusions and Recommendations, op. cit., para.6 (i).
129 CAT, Conclusions and Recommendations, op. cit., para.7 (f).
130 A/HRC/4/26/Add.1, para. 15 (Report of the Special Rapporteur on the promotion and protection of human
rights while countering terrorism).
131 Ibid., paras. 14-17.
132 Ibid, para.16
133 CERD, Concluding Observations, op. cit., para. 5.
134 CRC, Concluding Observations, op. cit., para. 35.
135 Aide-memoire on Bahrain’s voluntary pledges related to Bahrain’s candidature to the Human Rights Council,,
op. cit. .
136 CERD, Concluding Observations, op. cit., para. 24.
137 CERD, Concluding Observations, op. cit., para. 24.
138 See the letter sent by CERD on 9 March 2007, to Bahrain. The letter is available on:
http://www.ohchr.org/english/bodies/cerd/docs/70_Letter_Bahrain.pdf.
139 CAT, Concluding Observations, op. cit., para.11.
140 See the Follow up report from the State Party: “Comments by the Government of Bahrain”, sent to CAT on
21 November 2006, CAT/C/BHR/CO/1/add.1.
Available on: http://daccessdds.un.org/doc/UNDOC/GEN/G07/403/80/PDF/G0740380.pdf?OpenElement.
141 CRC Concluding Observations, para. 10(c)
142 CRC Concluding Observations, para. 12(b)
143 CRC Concluding Observations, para. 48(h)
144 CRC Concluding Observations, para. 19(d)
145 CRC Concluding Observations, para. 34(c)
146 CRC Concluding Observations, para. 40(c)
147 CRC Concluding Observations, para. 38(h)
148 CRC Concluding Observations, para. 46(c)