Bahrain in Human Rights Watch Report 2009
Human Rights Watch is among the most important international
human rights organizations, striving to promote human rights in
Bahrain, through its extensive follow ups and its continued announcements
and reports. It is obvious that all these efforts as well as the
efforts of other international human rights organizations and activists,
have contributed largely towards making a genuine development on
the human rights situation in the country in the last few years.
However, Bahrain is still in need of more efforts in order to maintain
a close contact with these organizations at both official and public
levels, the latter being represented by civil society organizations.
These efforts are vital for improving the human rights situation,
preventing any violations that may occur and developing legislations
and local institutions in order to ensure the systematic and institutional
protection of citizens’ rights in Bahrain.
The latest Human Rights Watch's report, regarding the events
of 2008, covered a range of topics such as: freedom of expression,
freedom of press and assembly, impunity, freedom of associations
and civil societies, the rights of foreign workers, women's rights
and measures to combat terrorism. The report concluded that the
human rights situation in Bahrain has deteriorated throughout the
year 2008, and that despite the important reforms adopted by the
King of Bahrain between 2001-2002, the government (has done little
to institutionalize the protection of human rights in laws), and
that there are (arbitrary restrictions) on the practice of fundamental
freedoms.
In the area of freedom of expression and information, undoubtedly,
the current margin of freedom in Bahrain is wide and does not seem
to have decreased in recent years. However, Human Rights Watch's
report observes that the parliament did not discuss or pass any
new laws regarding the freedom of press law despite the fact that
the government had presented them with a project which aims to replace
the previous law (number 47 for 2002).
The report highlighted two cases in 2008 that represented a breach
of the law: the first regarding the arrest of six individuals working
in a monthly journal and a website. But in fact these journalists
had only been breifly interrogated and no one had been detained.
The interrogation was in relation to the publishing of certain provocative
material against the government which incited violence. The website
was then blocked, but was resumed after the provocative material
was removed.
The second case is related to the Ministry of Information's blocking
of at least 22 internet discussion forums in accordance with official
circular from the Ministry of Information. This censorship is unacceptable
in principle. However, it should be mentioned that some of these
forums do not practice their freedom of expression in a balanced
manner, do not comply with the law and at times encourage the use
of violence and incite sectarian strife.
The report also covered 'freedom of assembly' and observed that
there is a problem in defining the concept of 'public order’ and
‘public morals' included in law 32 for 2006 which regulates assembly
and protest issues. In principle, it is well established in Bahrain
that there is a large margin of freedom for people to demonstrate
and protest, which occurs throughout the year. The real problem
in this regard, and one which the report does not make note of is
the fact that most clashes between demonstrators and security forces
mentioned in the Human Right's report occurred due to two basic
reasons or at least one: firstly, on the legality of demonstration
and assembly without taking the permission from the authorities
concerned. This is not due to the fact that the authorities refused
to grant the right of assembly, demonstration or sit-in, so some
people resorted to express their legitimate rights to protest. The
issue here is strongly connected to the legitimacy of the regime
and the rule of law. Some of the organisers do not believe in the
concept of obtaining permission from the authorities because they
do not recognize the legitimacy of the political system or the country's
law. This, therefore, goes beyond the fact of depriving some individuals
or societies of their right to assemble and protest, to a deeper
and more radical issue which concerns the very existence of the
regime and law. For this reason, the issue is in need of a more
holistic approach which takes into account political and legal aspects.
Although the security forces in the country do not confront illegal
protests most of the time, in some cases they have attempted to
stop them in accordance with the law. In the past, many political
and legal parties have urged such organisers to obtain the permission
to assemble and protest in order prevent any clashes with the security
forces, among them the head of the largest parliamentary opposition
bloc 'al Wifaq'.
Secondly, concerning the use of violence during demonstrations,
and this has only occurred in protests with no permissions, where
politically incited teenagers have burned car tyres, rubbish bins
and have vandalised public properties. This has been accompanied
by clashes with security forces in which police cars have been burned
and some policemen have been seriously assaulted, sometimes up to
death.
The report also covered the subject of establishing civil society
institutions and has criticised the government for not legally recognizing
the Bahrain Centre of Human Rights, dissolved in 2008, despite the
fact that it has remained active, albeit unofficially. It is well
known fact that Bahrain, a country of about a million or more inhabitants
and residents, has over the last eight years been home to about
452 organisations and societies covering most fields and activities;
and according to the government the Bahrain Centre for Human Rights
is the only case in which it had resorted to dissolving a civil
society. This is because the Centre had become a quasi-political
society, which adopted a provocative attitude towards the government
and its members as well blatantly breaching the country's law. Furthermore,
there are now five basic human rights societies which are fulfilling
a similar role.
It is obvious however that the government has adopted a more
sensitive approach towards human rights organisations affiliated
to political parties or institutions or those of a political nature
using a legal cover; and this seems to apply to the National Committee
for the Unemployed and the Bahrain Youth Society for Human Rights
which are mentioned in the Human Rights Watch report. The authorities
have not yet responded to requests for official registration made
by them.
There is no doubt that the report of Human Rights Watch has pointed
out many of the deficiencies and included significant criticism
of the practice and legislation, but in the end the report acknowledges
the fact that Bahrain has become a popular destination for local
and international non-governmental organizations and this is obviously
due to the margin of freedom and official support for human rights
in the country.
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