The National Charter Represents a Comprehensive Human Rights
Tool
February of each year coincides with the anniversary of the ratification
of the National Action Charter, which was adopted in February 2001.
The Charter gave birth to the Constitution and national reforms
in various fields. The Charter contains seven chapters incorporating
the most important principles of human rights in Bahrain including:
the guarantee of personal freedoms; equality; prevention of torture
and discrimination; freedom of religion; freedom of expression and
publication; the freedom to establish civil society institutions;
the Government’s duty to provide job opportunities; affirming the
rule of Law and the independence of the judiciary; granting the
people the right to participate in public affairs and create a parliamentary
system.
It is obvious that human rights issues in general are far-reaching
and comprehensive and their practical application requires a radical
change in the state’s structure, legislations and institutions’
performance. In other words, it is wrong to limit human rights to
the mere prevention of blatant human rights violations such as torture
and arbitrary arrest and providing just trials. All of these issues
are part of a series of chains in a wider system in which respect
for human rights can only be achieved through the development of
the state’s apparatus in its various aspects. For example, human
rights violations cannot be stopped without appropriate legislations
governed by the general principles mentioned in the National Charter.
These laws are set by legislators who can only be active if they
are elected. Moreover, these legislations need mechanisms and institutions
which allow them to be implemented on the ground; the institutions
themselves need to be run proficiently and officials need to be
trained. They also need to be educated in order for their mentalities-
as well as the mentality of society in general- to change through
the media and other educational means. This change, however, requires
a wide range of freedom of expression, assembly, organization and
financing.
This indicates that there is a mutual and strong relationship
between the issue of human rights and Government apparatus and any
positive change in one of them will have an effect on the other.
A change in human rights means a radical and continuous change in
the Government apparatus including the executive, legislative and
judicial authorities as well as in society itself. In short, the
human rights situation in Bahrain cannot be developed in isolation
from a comprehensive development in all related areas.
What took place after the National Charter was a development
in the entire structure of the state but to varying degrees, including
the issue of human rights, which can only flourish in the context
of an entire system. In addition, human rights defenders should
have a comprehensive view of all human rights aspects and should
not limit themselves to one aspect only. They should understand
the effect of the different yet interrelated chains in the state
and society on human rights and vice versa. This will help to clarify
the available resources that help achieving long-term objectives,
as well as identifying the obstacles that await them. This approach
will help them determine their priorities in the struggle for human
rights. With this view in mind Bahrain might need more competent
and specialized civil society institutions in order to cover all
human rights aspects in their wider context.
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