The authorities in Bahrain threatened the Bahrain Centre for Human Rights (BCHR) to withdraw its permit (license) should it conduct any political activity. This threat came in the form of an official letter addressed to BCHR’s President, Nabeel Rajab; and signed on 12th May 2004 by Hind bint Salman Al Khalifa, the Assistant Undersecretary at the Ministry of Labour & Social Affairs, was sent by fax to the BCHR on 16th May, 2004.
The authorities in Bahrain threatened the Bahrain Centre for Human Rights (BCHR) to withdraw its permit (license) should it conduct any political activity. This threat came in the form of an official letter addressed to BCHR’s President, Nabeel Rajab; and signed on 12th May 2004 by Hind bint Salman Al Khalifa, the Assistant Undersecretary at the Ministry of Labour & Social Affairs, was sent by fax to the BCHR on 16th May, 2004.
This is the second formal warning given to BCHR in seven months. A previous letter was sent by the ministry on 20th October, 2003, threatening to close the BCHR, after it had held a public symposium on ‘Discrimination and Privileges, the Unwritten Law,’ on 16th October, 2003.
The BCHR calls for urgent action to:
- Defend the BCHR’s rights to operate freely
- Safeguard the freedom of societies in Bahrain
- Amend the Societies Law No.21 of 1989
Attachments:
- The text of the letter sent by the ministry
- The BCHR General Objectives
- Notes by the BCHR
- Excerpts of the Societies Law No.21 of 1989 (including articles 18 and 50)
Attachment (1): The text of the letter sent by the ministry
Mr. Nabeel Rajab,
President,
The Bahrain Centre for Human Rights,
In reference to the political activities conducted by the Bahrain Centre for Human Rights (BCHR), we would like to bring to your notice the following:
Firstly, the BCHR’s political activities explicitly contradicted with Article 18 of the Law on Societies issued by Decree No. 21 – 1989 which without any doubt prohibits conducting ‘political activities’.
Secondly, the BCHR’s practice of political activities contradicts with the objectives mentioned in the BCHR’s constitution.
For the above mentioned two reasons, the Ministry of Labour and Social Affairs stresses the necessity for the BCHR to abide by the said law on societies, in addition to to the objectives mentioned in the BCHR’s constitution. In case these rules are violated, the ministry regrettably will withdraw the BCHR’s license, in compliance with article 50 of the law on societies.
Thank you four your cooperation,
Signed by:
Hind bint Salman Al Khalifa
Assistant Undersecretary for Social Affairs
Attachment (2): The BCHR General Objectives
- Familiarisation with national and international principles, legislation and laws related to human rights.
- Researching and easening difficulties regarding the implementation of international laws related to human rights and participating in improving laws, at the international level.
- Promoting of civil and political rights and development of the abilities of civil society organization.
- Combatting all forms of discrimination.
- Promoting of economic, social and cultural rights.
- Encouraging scientific research and developing usage of modern technologies to spread knowledge, document and exchange information related to human rights.
Attachment (3): Notes by the BCHR
The current letter referred to BCHR’s ‘political activities’ without specifying any particular activity. From its side, the BCHR considered the letter as vague and that it was not clear what the authorities meant by political activities
Promoting civil and political rights…’ is one of the main objectives of the BCHR, which is stated clearly in its constitution and literatures.
The letter came after a campaign organized by the BCHR to release 15 persons detained , on 30th April, 2004, for petitioning for changes in Bahrain’s constitution. The campaign was in the form of peaceful protests organised by the committee of the families of the constitutional petition detainees, demanding immediate release of the detainees and dropping off all charges which were based on the restricted 1976 Penal Code.
(Other notes are to be send later)
Attachment (4): Societies Law No.21 of 1989: A Sword Threatening Societies
It is noted that the Law covers organisations with different objectives and nature including political, human rights, professional, cultural and social societies. They also include such categories as women, youth and foreign community societies as well as the sports clubs. Encompassing all these societies in a single law complicates the drafting and enforcement of this Law.
Restricting the Right to Set up Societies:
The Bahrain Societies Law prohibits the activities of any unlicensed society. The provisions of the Law and Model Form of the Constitution contain detailed standards and specifications so that it becomes difficult to obtain a licence without complying with it. At the same time, the law lays down flexible conditions allowing the Government to reject applications for setting up any society, if it wants to.
Article 3 states that every society that is established contrary to the public order, or for an illegal purpose, or for prejudicing the security or form of the government or its social system shall be invalid.
Article 11 gives the concerned administrative authority the right to reject registration of the society where the society does not need of its services, where there is another society that meets such need, if its establishment is contrary to the State security and its interest or if it is established with a view to reviving a society that was previously dissolved. This Article sets forth procedures for filing complaints with the same administrative authority for a length of time that extends to 4 months before it becomes possible to refer the matter to the law courts, which are in turn bound by the same law and falling under the government influence.
Restricting the Right to Amend the Constitution and to Control:
According to Article 14, every amendment of the society’s constitution follows the same procedures for chartering the society. The administrative authority has the right to reject the proposed amendment. According to Article 15, societies shall be subject to strict control as the concerned department has the right to have access to records, documents and correspondence.
Restricting the Right to Engage in Politics:
According to Article 18, a society shall not engage in politics. Of course, this applies to political societies and human rights societies.
Restricting the Right to have Links with Overseas Entities:
According to Article 20, a society shall not without prior permission (from the concerned department) be affiliated with, join or participate in a society or organization based outside Bahrain. The lapse of 45 days without adopting a decision with respect to the application shall be deemed as a rejection thereof. The Law does not contain the right to file a complaint rendering the department’s decision final.
Restricting Domestic and Overseas Finance:
For finance, a society shall not without prior permission obtain funds from a foreign organization nor send any of the above to overseas persons or organisations. For the raising of funds locally, a licence shall be issued from the Minister (Article 21). The Minister’s right to adopting the decision shall be absolute as there is no possibility to file a complaint.
Minister’s Right to Merge Societies, Appointing Management and Suspending its Resolutions:
Article 23 allows the concerned minister to appoint the society’s manager or executive committee if the society commits any violations that necessitate such action and where the minister does not wish to dissolve them. The Minister shall be empowered to decide the merger of more than one society where they seek to achieve similar objectives, consolidating their management or amending their objects for the reasons that he feels ensure the proper realization of the objectives for which they are established (Article 24).
Also the Minister is empowered to suspend the execution of any resolution adopted by the society in breach of the law, society’s constitution, public order or ethics. Such decision may be challenged before the law court (Article 28). In other words, the Minister adopts the decision and enforces it against the society which will be prosecuted not the contrary.
Control and Supervision at General Meetings:
According to Article 30, the concerned government directorate has the right to convene a general meeting.
Article 33 requires societies to notify the administrative authority of every general meeting 15 days before its convention in addition to forwarding copies of the letter of invitation, agenda and enclosed documents. The administrative authority shall be empowered to designate the officer it deems fit to attend the meeting. According to Article 38, the Ministry must be provided with copies of the minutes of the meeting and resolutions adopted thereat.
Intervention in the Specifications of Candidates for Management and its Meetings:
According to Article 43, the minister may add conditions to be fulfilled by anyone who has the right to be nominated for membership of the executive committee of any society.
According to Article 45, the administrative authority is entitled to request the convention of any meeting of the executive committee of any society if this is deemed necessary.
Minister’s Right to Temporarily Close the Society:
According to Article 50, the minister has the right to dissolve or close any society for a period of 45 days if it proves unable to realize its objectives or disposes of its funds in areas other than the specified ones, if it fails to convene its general meeting for two successive years or if it violates public order.