Amnesty International: Human Rights in Bahrain at the Crossroads
On 11 February 2011, Amnesty International issued a report on
the human rights situation in Bahrain under the title: (Crackdown
in Bahrain ... Human Rights at the Crossroads) in which Amnesty
International pointed to the deteriorating human rights situation
in Bahrain since mid-August 2010. The report addressed a number
of important human rights issues including: torture, fair trials,
freedom of expression, and freedom of movement.
The report said that Bahrain is at crossroads with regard to
human rights, that the reforms that have been made since 2001 are
now not in conformity with the ambitions set by Bahrain, and inconsistent
with international human rights as well as the Constitution of the
Kingdom of Bahrain. The setbacks in human rights included violations
of freedom of expression, association and assembly, as well as increased
restrictions on human rights associations. In the context of justice
and fair trials, the report highlighted the trial of the so-called
the (Terrorist Network). The report pointed out that the Anti-Terrorism
Act of 2006 contains a broad and vague definition of ‘terrorism’,
which undermines the principle of legality that requires laws to
be clearly and precisely formulated in order to enable individuals
to know what constitutes a crime. The law also constitutes a threat
to exercising the legitimate right to freedom of expression, association
and assembly.
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The report pointed to the creation of more than 500 NGOs in Bahrain
over the past decade working on a wide range of human rights issues
including children’s and women’s rights, rights of migrant workers
and trafficking in persons. The report pointed out that a few of
such NGOs work on monitoring and documenting human rights violations.
The report added that two of these organizations, namely the Bahrain
Center for Human Rights and the Bahrain Youth Society for Human
Rights had been banned in 2004 for violating Law No. 21 of 1989,
which regulates the activities of NGOs. The report continued that
despite the ban, the Centre and the Youth Society continue, through
the Internet, to publish reports on various human rights issues
and violations, especially violations by the security forces.
Amnesty International report stated that NGOs continued to face
severe restrictions under the Law No. 21 of 1989, which prevents
them from engaging in political activity. The law allows the Ministry
of Social Development to intervene in internal affairs and activities
of NGOs, access their files, suspend their executive offices, and
withdraw their licenses. NGOs must obtain permission from the Ministry
of Social Development in order to be able to obtain funding from
outside the country, and must declare the purpose of funding. They
must also get permission to organize local and international meetings,
training seminars, or workshops on human rights issues.
The recommendations of the report were comprehensive and in line
with the findings of Amnesty International delegation, which visited
Bahrain in October 2010. The report urged the Bahraini government
to take a number of immediate steps to address alleged human rights
violations, and prevent the committing of more of them. The report
also called upon the Bahraini authorities to carry out prompt, thorough
and independent investigations into all cases of allegations of
torture, publicly condemn the practices of torture, and declare
unequivocally that Bahrain will not tolerate such violations.
The report also noted the need to establish effective judicial
mechanisms to ensure the right to fair trial, in practice, including
the right of the accused to be tried before an independent and impartial
tribunal, the right to have defence counsel of one’s choice at all
stages of the proceedings, and the right to be presumed innocent
until proven guilty according to law.
In the area of freedom of expression, the report urged the Bahraini
authorities to respect and protect the right to freedom of expression,
including media freedom, in line with Bahrain’s obligations under
international law. The report called upon the Bahraini authorities
to respect and protect the right to freedom of movement and freedom
of assembly and association, and to guarantee that all human rights
organizations, as well as human rights defenders are able to carry
out their work without interference or hindrance.
On the other hand, the report called upon the Government of Bahrain,
with the participation of civil society organizations, to conduct
a serious review of a number of Bahraini laws, in order to make
them fully compatible with international humanitarian law and international
human rights standards, and in order to meet Bahrain’s obligations
to the Human Rights Council under the Universal Periodic Review
mechanism.
Within the reforms process, the report pointed to the ratification
by Bahrain of the main human rights treaties such as the Convention
on the Elimination of All Forms of Discrimination against Women
in 2002, the Optional Protocols to the Convention on the Rights
of the Child in 2004, the International Covenant on Civil and Political
Rights in 2006, and the International Covenant on Economic, Social
and Cultural Rights in 2007. Bahrain has also become a party to
the Arab Charter for Human Rights in 2006. Furthermore, the Bahraini
government adopted new laws regarding the administration of justice
and the formation of political associations. Bahrain has also established
the Supreme Judicial Council in 2000 and the Supreme Constitutional
Court in 2005.
In October 2010, Amnesty International sent a fact-finding delegation
to Bahrain to research concerns associated with the August/September
2010 incidents, which resulted in arrests and ill-treatment of detainees.
The report is based on the results of that visit. The report pointed
to the meetings held by Amnesty International delegates with senior
government officials including the Ministers of Interior, Justice,
Islamic Affairs, Social Development, Foreign Affairs, Information,
as well as the Public Prosecutor. The delegation also met with members
of the National Foundation for Human Rights, several human rights
organizations, civil society organizations, women and youth. The
delegation monitored some of the trials held at the time of the
visit.
The report stated that Amnesty International delegates had received
assurances from the Bahraini officials they met affirming the Bahraini
government’s commitments to human rights as well as addressing any
allegations of human rights violations that Amnesty International
brings to their attention. The report also noted the commitments
made by Bahrain under the international conventions ratified by
Bahrain including the International Covenant on Civil and Political
Rights (ICCPR), the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (CAT). Amnesty International
said in this regard: (In ratifying these treaties, the Bahrain government
promised both the people of Bahrain and the ... international community
that it would uphold and respect their provisions. It must do so).
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