THE OBSERVATORY for the Protection of Human Rights Defenders :BAHRAIN
Political context
THE OBSERVATORY for the Protection of Human Rights Defenders :BAHRAIN
Political context
The review by the Human Rights Council member States of Bahrain’s report during the Universal Periodic Review in April 2008 provided an opportunity for NGOs to launch a public debate on the situation of human rights in the country, particularly on the question of torture and cruel, inhuman and degrading treatment and the systematic discrimination faced by the Shia majority. Moreover, in May 2008, the Government launched an action plan in the presence of a representative of the United Nations High Commissioner for Human Rights in which the Minister of Foreign Affairs affirmed the determination of his country to establish a National Human Rights Institution (NHRI), which should begin its work in January 2009. However, since that announcement, several Bahraini human rights NGOs have repeatedly reminded the authorities of the necessity for this national institution to conform with the Paris Principles .
Furthermore, while the Shura Council (Upper House of Parliament) approved a bill abolishing criminal penalties for press offenses , the Government had still not submitted it to the National Assembly by the end of 2008. Press freedom thus remained largely threatened. For instance, on June 28 and 29, six journalists, of which three were working for the news organisation’s political group al-Wefaq and three for the website Awaal.net, were arrested by the police. Similarly, Mr. Abdullah Bu-Hassan, member of the National Democratic Action Society, was arrested on June 18, 2008 for “inciting hatred and insult against the regime”, following an article in which he criticised the political decisions of the Government and denounced its discriminatory practices .
New obstacles to freedom of expression may also arise following the publication on November 5, 2008 of a press release in which the Minister of the Interior called for the strict enforcement of Articles 134 and 134 bis of the Criminal Code against any person who “participates in meetings abroad or with international bodies to discuss the internal affairs of the Kingdom” . This article stresses that “every citizen who participates abroad without governmental permission at a conference or seminar that discusses the political, economic and social situation in Bahrain, which may weaken the economic confidence in the country, its diplomatic relations or its prestige is liable to an imprisonment of a minimum of three months and a fine”. These provisions, drafted in 1976 when Bahrain was under a state of emergency, are considered as liberty-killer by most human rights organisations, which are calling for the drafting of a new criminal code.
Administrative, legislative and judicial obstacles to freedom of association
Freedom of association remained not guaranteed insofar as Act No. 21 of 1989 regulating civil societies made necessary the prerequisite approval of any association, with the silence of the authorities signifying the rejection of that request. Therefore, several NGOs, such as the National Committee for the Unemployed and the Bahrain Youth Society for Human Rights (BYSHR) , were still awaiting as of the end of 2008 for the Government’s response to their registration application. Similarly, the Bahrain Centre for Human Rights (BCHR), closed in September 2004, had still not been re-opened by the end of 2008. Without legal recognition, these NGOs are threatened with closure and their founders are threatened with reprisals. For instance, Mr. Mohammed Abdul Nabi Al-Maskati, President of BYSHR, incurs an imprisonment of six months and a fine of 500 Dinars (about 1,040 Euros) for “the activation of an unregistered organisation without prior notification of the registration statement”. He has waited since 2005 for registration permission from the Ministry of Social Affairs. The beginning of his trial was scheduled for January 15, 2009.
Administrative and judicial obstacles to freedom of peaceful assembly and reprisals against defenders taking part in demonstrations
Act No. 32 of 2006 regulating public gatherings provides for the mere prior notification of public rallies and meetings. However, taking into consideration the nature and purpose of the gathering, the law instructs the Director of Public Safety to determine whether the presence of police forces is necessary. In addition, the law prohibits organising a rally between sunset and sunrise and prohibits any speech or comment likely to affect public order or moral, without specifying the meaning of these two concepts. In September 2008, two decisions of the Civil Service Bureau (CSB) and the Ministry of the Interior reinforced these restrictions on the right to peaceful assembly by prohibiting students and governmental employees, subject to punishment, to participate in unauthorised rallies.
In 2008, unreported events or events held after sunset were violently repressed by the police, who assaulted demonstrators with tear gas and fire on them with rubber bullets. Several human rights defenders arrested at these gatherings were sentenced to heavy prison sentences. Thus, from December 21 to 28, 2007, 60 young militants were arrested by the special security forces following a demonstration on December 17, 2007 in Sanabis (west of Manama) calling for redress and reparation for victims of torture. They were accused of involvement in “unlawful gathering” and “theft and unauthorised possession of weapons and ammunition”. All those arrested denied the acts of violence and the possession of firearms. In addition, several human rights defenders denounced the continuing use of mistreatment during their detention. Several were detained in solitary confinement, hand-cuffed and blindfolded for long periods of time. Some complained of mistreatment or torture by the Criminal Investigation Bureau (CIB) to coerce them to confess . On July 14, 2008, five of them, namely Messrs. Hassan Abdulnabi and Maytham Bader Jassim al-Sheikh, members of the Unemployed and Underpaid Committee (UUC), Mr. Naji al-Fateel, member of the BYSHR, Mr. Mohammed Abdullah al-Sengais, founder of the Committee to Combat High Prices (CCHP), and Mr. Isa Al-Sarh, member of the Amal Political Society, were condemned by the High Criminal Court of Bahrain to prison terms ranging from five to seven years. Appeal of this conviction was denied on December 28, 2008.
Legislative restrictions on trade union rights and acts of intimidation against trade unionists
According to Law No. 33 of 2002 on trade unions, a union acquires legal personality after the deposit of its statutes with the Ministry of Labour. However, according to an administrative resolution by the CSB, public sector employees are prohibited to form autonomous trade unions. The six existing public sector unions are therefore refused by authorities despite their recognition by the independent General Federation of Bahrain Trade Unions (GFBTU).
Moreover, it remained difficult for trade unionists to defend workers’ rights without retaliation by their employers. For instance, several temporary work stoppages and interruption of salary payments were made against Ms. Najiya Abdulghaffar since her appointment as Vice-President of the postal union in 2003. On March 30, 2008, she was called before a committee of inquiry in order to force her to leave her post. These acts of intimidation occurred following a letter to the Minister of Social Affairs in 2003 and a statement to the press in July 2006 in which she denounced the poor working conditions for employees of the post office. Ms. Najiya Abdulghaffar filed a complaint against the decisions made against her. On December 30, 2008, the court ruled against her and confirmed the CSB decision. Similarly, Mr. Abbas al-Omran, a member of the workers’ union of BAPCO Bahrain Petroleum Company and member of BCHR, was dismissed from his job in September 2008. In 2006, he had denounced corruption within the company. Since then, he had been harassed numerous times and was ordered not to communicate with the media until his dismissal .
Smear campaigns and harassment of defenders who denounced discrimination against Shia people
In 2008, defamation campaigns were launched against defenders who denounced the discrimination faced by the Shia community. For instance, on October 16, 2008, MPs and journalists described Mr. Nabeel Rajab, BCHR President, Mr. Al Abduljalil Alsingace, Head of the human rights office at the political movement Haq for Civil Liberties and Democracy in Bahrain, and Ms. Maryam Al-Khawaja, former President of the International Association of Students in Economic and Business Sciences (IESEC), as “traitors” and “hostages of the United States” . These charges were the result of their participation in a seminar in Washington on October 15, 2008 organised by thematic commissions of the U.S. Congress on “the impact of political reform on religious freedom in Bahrain”. Similarly, on December 28, 2008, staged confessions by alleged terrorist suspects were broadcast on Government-run Bahrain satellite channel, during which the names of several human rights defenders were mentioned as “instigators of acts of violence” , including Mr. Abdulhadi Al-Khawaja, former President of the BCHR and Protection Coordinator at Front Line. Human rights defenders’ families were also subjected to acts of harassment. Thus, Mr. Nabeel Rajab’s wife was subjected to threats through postal service, electronic mail and telephone.
Restrictions on the freedom of movement of human rights defenders
In 2008, an increasing number of human rights defenders were restricted in their freedom of movement, both while leaving Bahrain or entering third countries. On December 2, 2008, Mr. Abdulghani Al-Khanjar, Spokesperson for the Bahraini National Committee for Martyrs and Victims of Torture, was prevented from entering Qatar while he was at the airport in Doha. The travel ban would be linked to the existence of a list of “political activists” drawn up by the Ministry of the Interior and transmitted to State members of the Gulf Cooperation Council (GCC) and other allies of Bahrain like Egypt and Jordan, in order to encourage them to refuse entry of persons engaged in defending human rights in Bahrain .Though this list had been drawn up at the time Bahrain was under a state of emergency (1975-2002), it is still in force and is occasionally updated. Other human rights defenders like Mr. Mohammed Majeed Aljeshi, a lawyer working on some cases with BCHR, and Mr. Nabeel Rajab suffered restrictions to their freedom of movement in 2008. For instance, in August and December 2008, the latter was stopped at the airport and interrogated by the Jordanian security services while travelling to Amman .