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.
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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.
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