| Bahrain in Amnesty International Report: Human Rights Defenders
				In January 2009, Amnesty International issued public report under 
				the theme: CHALLENGING REPRESSION: HUMAN RIGHTS DEFENDERS IN THE 
				MIDDLE EAST AND NORTH AFRICA1. The report covers, inter alia, a 
				wide range of human rights violations suffered by human rights defenders 
				(HRDs), and looks at certain categories of activists who are among 
				those most targeted: media and legal professionals, women’s rights 
				defenders, trade unionists, and those who promote the rights of 
				cultural and religious minorities. The report ends with a series 
				of recommendations to governments as well as national, regional 
				and international actors aimed at protecting human rights defenders 
				and promoting their work.  
					
						|  |  We are trying here to give general overview about the issues 
				related to Bahrain. However, we strongly encourage readers to consult 
				the report in order to have a wide picture about its content. Generally 
				speaking the report is balanced and useful in dealing with the HRDs 
				issues in Bahrain. The report featured concerns and challenges faced 
				by HRDs in Bahrain, criticized specific laws particularly anti-terrorism 
				and the Bahraini Gatherings Code, but at the same time the report 
				did not ignore the positive steps taken by Bahrain to improve the 
				human rights situation.  Political Context The report acknowledged that several human rights NGOs have been 
				established in Bahrain. Some organizations, including several women’s 
				rights groups, have made a key contribution to the promotion and 
				protection of human rights in the country, by campaigning for the 
				rights of women and migrant workers, and against human trafficking. 
				According to the report, they have also monitored, documented and 
				campaigned against human rights violations in Bahrain. Some of these 
				organizations are members of the global Coalition for the International 
				Criminal Court. The report highlighted the successful campaigning 
				role played by Bahraini human rights organizations and defenders 
				for the release of detainees held for many years without charge 
				or trial in Guant?namo Bay. According to the report, they have lobbied 
				and encouraged the Bahraini government to take a number of positive 
				steps including acceding to the ICCPR in 2006 and the ICESCR in 
				2007. It must be mentioned that the ability of local human rights 
				organizations and HRDs to conduct such sorts of activities reflects 
				the relatively positive atmosphere in Bahrain that allows and helps 
				them to carry out their activities to promote the human rights situation 
				in Bahrain.  Oppressive Laws The report spoke about oppressive laws across the region, which 
				restrict the rights to freedom of expression, association and assembly. 
				However, the report quoted the 'Special Representative on Human 
				Rights Defenders of the UN Secretary-General' in saying that human 
				rights defenders can only be subjected to limitations regarding 
				“statements or actions that, by definition, are ncompatible with 
				the status of human rights defenders”, such as the advocacy of violence.
				 The report found that in a few cases, the rights to freedom of 
				association and assembly are severely undermined by national law. 
				The report stated that human rights defenders in Bahrain can be 
				prosecuted under provisions of the Penal Code that forbid acts such 
				as “encouraging hatred of the state”, “distributing falsehood and 
				rumours”, “insulting the judiciary” and “broadcasting abroad false 
				information or statements or rumours about the internal affairs 
				of the country…”. The report mentioned the case of Abdul Hadi al-Khawaja, 
				former executive director of the Bahrain Centre for Human Rights, 
				who was sentenced in November 2004 to one year in prison on charges 
				that included “inciting hatred” and accusing the authorities of 
				corruption, under provisions in the Penal Code. He was released 
				after being pardoned by the King of Bahrain2. However, the report 
				did not provide legal analysis, coupled with specific facts, to 
				show the compatibility or incompatibility of some actions with the 
				requirements of protecting HRDs. The report also failed to shed 
				light on where does the line lie between protecting human rights 
				and freedoms, on one hand, and “inciting hatred”, dissemination 
				of ‘false information’ and ‘rumours’ that undermine integrity of 
				a state, on the other hand.  The report criticized the Bahraini Law on Public Meetings, Processions 
				and Gatherings (the Bahraini Gatherings Code), adopted in July 2006, 
				which seriously restricts the rights to freedom of association and 
				Assembly, and also imposes penalties for speech-related conduct 
				where there is no threat of or incitement to violence or hatred. 
				But the report did not say if the law is relevant where there is 
				threat of or incitement to violence or hatred.  The report also criticized Bahrain for the anti-terrorism law, 
				namely; Protecting Society from Terrorist Acts, ratified in August 
				2006. The report sees it as a threat to set back human rights progress 
				due to its broad definitions and provision for the death penalty 
				that might increases the risk of arbitrary detention. However, it 
				is not clear in the report if its authors have sought clarifications 
				or safeguards from Bahrain government as to the implementation of 
				the said law in order to avoid any set back in the human rights 
				situation in Bahrain.  Patterns of Repression The report featured patterns of repression faced by HRDs in MENA. 
				The report stated that across the region, human rights defenders 
				suffer the full spectrum of human rights violations including enforced 
				disappearances; arrest, detention and imprisonment; demonstrators 
				attacked and prosecuted; prevention of international collaboration.
				 The Report did not score any incidents or reported cases against 
				Bahrain regarding enforced disappearances; and prevention of international 
				collaboration. In fact, regarding the latter, Bahraini NGOs and 
				HRDs have been enjoying very good relations with international NGOs 
				and institutions as mentioned in the report. It should be mentioned 
				that this would not have happened without the margin of freedom 
				Bahrain has been enjoying since the start of political reform in 
				2001. In the area of harassment and intimidation of HRDs, the report 
				cited as example the case of Nabeel Rajab, the director of the banned 
				Bahrain Centre for Human Rights. On 19 July 2005, Nabeel Rajab was 
				reportedly harassed and physically attacked by policemen during 
				a peaceful demonstration in solidarity with unemployed people. The 
				report indicated that his wife Somaya had been targeted as well 
				apparently because of the activities of her husband. The report 
				also featured the case of Mohammad al-Jeshi, a lawyer and human 
				rights activist, who was reportedly about to travel to Geneva to 
				attend a training course when he was stopped by security men on 
				3 November 2008. They confiscated his mobile phone and laptop for 
				more than an hour and questioned him before allowing him to board 
				the plane.  The report did not refer to any cases regarding media workers 
				and legal professionals in Bahrain.  It is inspiring to see the report dealing with ESCR. The report 
				featured abuses suffered by defenders of economic, social and cultural 
				rights. The report found that the absence of independent trade unions 
				has particularly serious consequences for migrant workers in the 
				Gulf. Bahrain has been flagged as the only notable exception for 
				allowing non-citizens to join trade unions. It is worthy in this 
				context to mention that foreign workers have established an organization 
				called the Migrant Workers Protection Society (MWPS). The organization 
				works on issues related to migrant workers and protecting their 
				rights. The MWPS is unique not only to Bahrain, but to the entire 
				Arab gulf region. However, we think that more needs to be done to 
				allow non-citizens to take part in licensed demonstrations and meetings, 
				in accordance with the law.  |