The Implementation of Bassiouni’s Recommendations:
Much has been Achieved but National Reconciliation Remains an
Issue
The Chairman of the National Commission for implementing Bassiouni’s
recommendations Ali bin Saleh Al-Saleh presented his final report
on 20 March 2012, in order to explain Government achievements regarding
the implementation of Bassiouni’s recommendations. The implementation
process was a difficult one and the timeframe was very limited,
so it had to be extended for an extra few weeks. The Commission
was also aware that its task requires following the implementation
process closely alongside with the Government, and with a great
deal of professionalism and transparency.
To what extent was the Commission able to execute this task?
The Chairman of the Commission answered this question during
a press conference which was held immediately after the King received
the Commission’s report: ‘15 recommendations were implemented in
full out of a total of 26, which means more than half the recommendations;
whereas 10 were implemented partially, and will remain a work in
progress, as they require legislative and legal amendments, national
reconciliation, educational and training programmes and compensation
of those affected. One recommendation remains (No. 1722), which
awaits the Court’s ruling. This relates to the death penalty, as
no final sentence of death penalty has been issued yet.
It is understandable that full implementation of the recommendations
will require more time and continuous tracking by both the Government
and Parliament, which the King pointed to in his post-report speech.
The Commission’s report can be considered transparent, as it
refers to each of Bassiouni’s recommendations, and then explains
the work of the Commission and its efforts’ to implement them. This
makes it is easy for the observer, as well as the average citizen
to navigate the report and determine the extent of the implementation
process.
It is clear from the report that the Chairman and members of
the Commission exerted many efforts to produce this report; there
is specific documentation of what has been done and the Commission’s
proposals to the Government. The report also reflected a feeling
of responsibility, as well as providing an accurate understanding
of political and human rights problems.
Two points needs be explained before evaluating the report:
First: there is a clear harmony between the notions and methods
of Bassiouni’s recommendations and the work on the one hand and
proposals of the Commission on te other hand. Sometimes these proposals
explain Bassiouni’s recommendations, and at others they are clear
and precise in practical points which are in need of official approval.
It is also obvious that the report did not explain whether the proposals
presented to the Government by the Commission have been approved
or not. However, it is possible to determine this, whether through
the implementation itself or through the explanatory documents which
accompany it. Moreover, at times these proposals were given Government
approval, but need time to be implemented.
Second: most of the implemented recommenations were limited to
the work of two committees concerned with human rights and legislations,
as these encompass some of the most sensitive issues at hand, such
as: breaches, detainees, expulsions from work or school, destruction
of religious sites, trials, compensations, amending laws and regulations,
and procedures regulating the work of security forces. Achievements
in these issues, including the swift dealing with cases, and the
cooperation of the Government with the Commission, are very clear.
With regards to the third committee responsible for the issue
of national reconciliation, unfortunately it has failed to achieve
its desired goal. However, the members of the Commission should
not be exclusively blamed for this, because the issue has political
dimensions beyond their ability to address. (It is possible to compare
the Commission’s proposals with what has been achieved so far in
this regard on pages 73 and 74 of the report). Perhaps it is not
the appropriate time to address this issue, as it depends on the
political will and desire of both the Government and the opposition.
The issue of national reconciliation is one of the most crucial
issues awaiting a solution, otherwise violence and security tensions
will remain a threat to Bahrain’s stability. Indeed, this unresolved
issue encourages more human rights breaches, for only in a stable
political environment can human rights achievements and civil peace
be protected.
The following are Bassiouni’s recommendations, actions of the
Commission and Government achievements as stated in the report:
Recommendations and Implementations:
1716: To establish a national independent and impartial
mechanism to determine the accountability of those in government
who have committed unlawful or negligent acts resulting in the deaths,
torture and mistreatment of civilians with a view to bringing legal
and disciplinary action against such individuals, including those
in the chain of command, military and civilian, who are found to
be responsible under international standards of “superior responsibility”.
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Members of the National Commission for
implementing Bassiouni’s recommendations
with the presence of the latter |
Implementation actions taken:
The Attorney General issued a decision on 28 February 2012, to
establish a special unit within public prosecution that is dedicated
to the task of determining accountability, named (Special Investigations
Unit). The features of this Unit would be as follow:
It would be led by a senior public prosecutor
It would be supplemented by experienced and independent criminal
investigations and forensic experts.
The newly created Unit will have available to it a senior independent
investigations counsellor (appointed by the Supreme Judicial Council),
experienced in prosecuting and investigating crimes; this person
will also be familiar with international standards on human rights
investigations.
Guidance will be provided to this Unit on how to apply the principle
of Superior Responsibility, which is already part of Bahraini law.
1717: To place the office of the Inspector General
in MOI as a separate entity independent of the Ministry’s hierarchical
control, whose tasks should include those of an internal “ombudsman’s
office”, such as that which exists in many other countries. The
new Inspector’s General’s office should be able to receive individual
or organisational complaints, protect the safety and privacy of
the complainants, carry out independent investigations and have
the authority to conduct disciplinary and criminal proceedings as
required by CAT, the ICCPR and the Bahrain Criminal Code to the
Prosecutor General. The office should also promulgate and enforce
police professional standards and carry out legal and sensitivity
training for police officers.
A decree establishing both the ombudsman and Internal Affairs
department was issued on 28 February 2012. The Decree.
On 30 January 2012, the Minister of Interior approved a new Code
of Conduct for Bahraini Police. The Code of Conduct was drafted
in consultation with legal and policing Western experts and is based
on various international policing codes including Code of Conduct
for Law Enforcement Officials and the European Code of Police conduct.
It adopts the ‘principles’- based approach, setting out the broad
duties of police officers in relation to various aspects of their
work, including the use of force, respect for human dignity and
maintaining the rule of law. The Code constitutes a new social contract
between the police and the Bahraini community.
The MOI has finalized a detailed Police Manual setting out the
duties of police officers, including procedures to be followed when
arresting persons. This manual will be issued to all security officers,
and will be made part of training programme for police officers.
A new programme for human rights and legal training (on the procedures)
has already begun for new police officers. Existing officers will
also be trained in similar programme, which will now be enriched
by the new Code and the Manual.
Technical assistance on this recommendation will be provided
by the United Nations Office on Drugs and Crime (UNODC), the UN
office with the exclusive mandate for criminal justice. A formal
agreement is currently being finalized with the UNODC to provide
such assistance.
1718: To amend the decree establishing the NSA to
ensure that the organisation is an intelligence gathering agency
without law enforcement and arrest authorities. The NSA should also
have an independent office of inspector general to carry out the
same internal “ombudsman” functions mentioned above with respect
to the MOI. Legislation should be adopted to provide that even during
the application of a State of National Safety the arrest of persons
should be in accordance with the Code of Criminal Procedure.
The implementation:
Issue of Decree Law No. 115 to limit the jurisdiction of the
National Security Agency to intelligence gathering agency with no
law enforcement and arrest powers.
Issue a decree on 28 February 2012 on the establishment of the
Office of the Independent Inspector General and the Office of Professional
Standards at the National Security Agency.
In response to the request of the National Commission dated 14
December 2011, the Cabinet approved on 8 January 2012 legislative
amendments that ensure that arrests of persons will be in accordance
with the ‘Code of Criminal Procedures even during the state of national
safety’.
1719: To adopt legislative measures requiring the
Attorney-General to investigate claims of torture and other forms
of cruel, inhuman or degrading treatment or punishment, and to use
independent forensic experts. Such procedures should guarantee the
safety of those raising such claims. Furthermore, the legislation
should provide for remedies for any person claiming retribution
for having raised a claim of torture or other forms of cruel, inhuman
or degrading treatment or punishment.
The implementation:
In response to the recommendation of the National Commission
dated 14 December 2011, the Cabinet approved on 8 January 2012,
legislative amendments that give the Attorney General the exclusive
jurisdiction to investigate claims of torture and other forms of
cruel in humane or degrading treatment or punishment, and protect
any person claiming retribution for having raised a claim of torture
or other forms of cruel, inhuman or degrading treatment or punishment.
2) On 8 December 2011, it was announced that all cases of cruel,
inhumane or degrading treatment have been transferred from the Ministry
of Interior to the Attorney General’s Office.
Technical assistance regarding this recommendations will be provided
by the United Nations Office of Drugs and Crime , International
Institute of Higher Studies in Criminal Science and American Bar
Association Rule of Law Initiative.
1720: To make subject to review in ordinary courts
all convictions and sentences rendered by the National Security
Courts where fundamental principles of a fair trial, including prompt
and full access to legal counsel and inadmissibility of coerced
testimony, were not respected be subject to full review in the ordinary
courts.
Implementation action taken:
All live cases are being reviewed in the civil courts to ensure
the right for a fair trial has been complied with in cases before
the National Safety Courts. Where final judgements were rendered
in the National Safety Courts, and cannot be opened up on appeal,
on 2 January 2012, the Supreme Judicial Council announced that it
had formed a committee to review all such final judgments ( which
number 30) to ensure that the accused was provided with his or her
fair trial rights. Out of the 30 final judgments (involving 31 people).
13 people had already served their sentences and had been released.
This left 18 accused still in detention. In relation to these 18
accused, the Supreme Judicial Council decided that:
- 6 would have their sentences reduced to time served, and could
be released.
- Charges would be dropped against 5 accused of speech related
activity. This resulted in 4 out of the 5 accused being released
immediately, with one person still detained on other charges. All
5 of the accused would have their records expunged of the speech
related charges.
- Convictions against 7 persons would be maintained.
1722: The Commission makes the following recommendations
with regard to the use of force, arrest, treatment of persons in
custody, detention and prosecution in connection with the freedom
of expression, assembly and association. a. To conduct effective
investigations in accordance with the Principles on the Effective
Prevention and Investigation of Extra-Legal, Arbitrary and Summary
Executions of all the deaths that have been attributed to the security
forces. Likewise, all allegations of torture and similar treatment
be investigated by an independent and impartial body, following
the Istanbul Principles. The investigation of both types of alleged
violation should be capable of leading to the prosecution of the
implicated individuals, both direct and at all levels of responsibility,
with a view to ensuring that punishment be consistent with the gravity
of the offence.
Implementation:
The Public Prosecutor is pursuing 107 cases of deaths, Torture
and mistreatment of civilians, so far involving 48 officers (as
the investigations progress more officers may become implicated).
1722 (b): To establish a standing independent body
to examine all complaints of torture or ill-treatment, excessive
use of force or other abuses at the hands of the authorities. The
burden of proving that treatment complies with the prohibition of
torture and other ill-treatment should be on the State.
Implementation:
A special unit was established within Public Prosecution, dedicated
to the task of determining accountability.
1722 (c): To implement an extensive program of public
order training for the public security forces, the NSA and the BDF,
including their private security companies, in accordance with UN
best practices. To ensure future compliance with the Code of Conduct
for Law Enforcement officials and Basic Principles on the Use of
Force and Firearms by Law Enforcement Officials, the security forces
should be trained in the human rights dimensions of detention and
interrogation, and in particular the obligation to refuse to participate
in any actions involving torture and other prohibited ill-treatment.
Implementation
- A new training programme on appropriate conduct by the Public
Security officers is currently being implemented.
- The NSA commenced comprehensive training programme for its
personnel on 22 January. It will include classes on fundamentals
of human rights, appropriate professional conduct and how to interact
with members of the public.
- The Bahrain Defence Force has similarly incorporated a Code
of Conduct for Law Enforcement Officials, and the Basic Principles
on the Use of Force and Firearms by Law Enforcement Officials into
training programme, as well as fundamentals of human rights.
1722 (d): To avoid detention without prompt access
to lawyers and without access to the outside world for more than
two or three days. In any event, all detention should be subject
to effective monitoring by an independent body. Moreover, every
person arrested should be given a copy of the arrest warrant and
no person should be held incommunicado. Arrested persons should
have access to their legal counsel and family visits in the same
way as any person detained under the Bahrain Code of Criminal Procedure.
Implementation:
The Supreme Judicial Council issued a statute regulating visits
and inspections of prisons, detention centres and places where precautionary
measures are taken. The statute provided that the Chief of Justice
of the Court of Appeals. The Chief Justice of the High Court, penalty
enforcement judge, Juvenile Court judge, and the relevant members
of Public Prosecution shall be assigned the task of visiting prisons,
review incarceration orders and arrest warrants, and ascertain fair
treatment, and health and social conditions of inmates. The statute
provided rules of implementation of those tasks by inspecting prison
cells, ascertaining proper health conditions, ensuring that inmates
are properly classified and segregated, and that each category of
inmates is treated commensurate with the status of the category,
in addition to inspecting food and clothing of inmates, inspecting
of work areas of convicts who are carrying out sentences with labor,
and ensuring that convicts are working in proper environment under
suitable conditions, talking to inmates, listening to their grievances,
and examining any complaints they have, and in particular abuse
related complaints, and taking immediate legal action to resolve
them. The office of the Prosecutor General shall be notified of
violations or comments found during inspection. It shall also be
ascertained that no one is illegaly imprisoned , and that Persecution
General Orders and court sentences are being carried out as stated.
The Commission reviewed and commented on the final report of
the Foreign Affairs, Defence and National Security Committee of
the Shura Council, along with the draft law of reform and rehabilitation
institutions.
The Commission also reviewed – upon its request- the Ministerial
Order issued by H.E. Minister of Interior on 22 December 2011, directing
the Inspector General to take all necessary steps to guarantee the
rights of the accused. Including the appointment of lawyer of his
or her choice, allowing family visits in accordance with the Law
of Criminal Procedures and introducing an arrest warrant.
The Ministry of Interior issued signed a memorandum of understanding
with the International Red Cross Society on 8 December 2011. The
International Red Cross Society will visit all detention centres
and will provide the Ministry of Interior advice on and assistance
in these reform efforts.
1722 (e): The Commission recommends that the GoB
establish urgently, and implement vigorously, a programme for the
integration into the security forces of personnel from all the communities
in Bahrain.
Implementation:
The Commission asked the relevant authourities a number of questions
as follows: how many persons were actually hired? In which governorates
were they appointed? Will the recruitment be limited to community
police only, or will it extend to include other security sectors?
The Commission requested information on action taken and to be taken
in the future. It also found that the implementation on this recommendation
required a clear and specific programme including the assimilation
of persons from all sects in various security agency, and not in
the community Police only. This should also be done by adopting
transparent process and in accordance with specified time schedule.
The Ministry of Interior commenced implementation of a plan to
recruit 500 Bahraini men and women from all sects and in all governorates
to join the community Police , subject to satisfaction of recruitment
conditions.
1722 (f): To train the judiciary and prosecutorial
personnel on the need to ensure that their activities contribute
to the prevention and eradication of torture and ill- treatment.
Implementation:
The Government of Bahrain has agreed to implement this recommendation
through a training programme developed by International Institute
of Higher Studies in Criminal Sciences in Italy.
The Commission was provided with a copy of the training programme
developed to implement this recommendation in collaboration with
the German Foundation for International Legal Cooperation, American
Bar Association, the International Institute of Higher Studies in
Criminal Sciences and the University of Nottingham in the UK.
1722 (g): There should be audiovisual recording of
all official interviews with detained persons.
Implementation:
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Members the National Commission during a meeting
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On 22 December 2012, The Minister of Interior ordered that all
steps be taken (including ordering the purchase of the relevant
equipment) to enable the audiovisual recording of all officials
interviews with suspects, witnesses or detained persons.
On 5 January 2012, the Ministry of Interior approved a detailed
plan for the installation of audiovisual equipment, including architectural
drawings. The first police sation to be fitted with the equipment
will be in Hoora. Audiovisual equipment will be fitted in 33 interrogation
rooms within two months. On 28 Feruary 2011, the Attorney General
confirmed that the Public Prosecution office will be supplied with
the required audiovisual recording.
1722 (h): To review convictions and commute sentences
of all persons charged with offences involving political expression,
not consisting of advocacy of violence, or, as the case may be,
to drop outstanding charges against them.
Implementation:
On 24 December 2011, the attorney General confirmed that all
charges relating to freedom of expression will be dropped, with
cases only being pursued against those persons accused of violent
crime. This decision benefits 334 people. On 2 January 2012, the
Supreme Judicial Council announced that a committee of civilian
judges will review all convictions with a view to commute sentences
of all persons convicted of offences involving freedom of expression,
not violence incitement.
1722 (i): To commute the death sentence imposed for
murder arising out of the events of February/March 2011, in the
light of the preference of Article 6 of the ICCPR for the abolition
of the death penalty and the concerns regarding the fairness of
trials conducted by the National Safety Court.
Implementation:
At the time of writing this report, as no final death sentences
has been passed, this recommendation was inapplicable.
1722 (j): To compensate and provide remedies for
the families of the deceased victims in a manner that is commensurate
with the gravity of their loss.
Implementation:
Decree 13 of 2012 was issued on 26 January 2012, on the creation
of a national victims’ compensations fund which will be managed
by a new committee composed of five individuals appointed by the
Supreme Judicial Council. This Committee will receive and consider
requests for compensation. It is empowered to award whatever form
of redress fit. It may therefore award financial compensation, or
order that a formal apology be offered to the victim, or require
that steps are taken by the relevant body to ensure that the abuse
does not occur again.
The Supreme Judicial Council announced on 27 February 2012, the
establishment of Special Compensation Courts, these courts will
expedite the conclusion of such claims for compensation.
The Ministry of Justice and Islamic Affairs launched the ‘civil
Settlement Initiatives’. Under this imitative applicants can settle
their claims in a consensual manner.
1722 (k): To compensate and provide remedies for
all victims of torture, ill-treatment or prolonged incommunicado
detention. In this connection, the Commission welcomes the Royal
Decree Law No. 30 of 2011, for the establishment of the National
Fund for the Reparation of Victims on 22 September 2011.
Implementation
(see the implementation of recommendation K)
1723 (a): The Commission makes the following recommendations
with regard to demolition of religious structures, termination of
employees of public and private sectors, dismissal of students and
termination of their scholarships .a. To ensure that the remaining
dismissed employees have not been dismissed because of the exercise
of their right to freedom of expression, opinion, association or
assembly.
Implementation:
As stated by the Civil Service Bureau, 179 of 180 dismissed workers
have been reinstated effective as of 1 January 2012. The remaining
employee was not reinstated based on a final court decision which
was made before the issue of the Government’s instructions to reinstate
all dismissed.
6 of the workers of the University of Bahrain: refused to return
their jobs for unknown reason. As for the 19 dismissed faculty members,
17 returned to their jobs, while two did not return due to their
travel out of Bahrain.
Private Sector: As stated by the Ministry of Labour, 1893 of
2462 dismissed cases reviewed by the Government were settled. 336
workers (including retirees) were hired by other companies in jobs
of equal pay and benefits. Another 139 workers are still awaiting
employment through the efforts of the Ministry of Labour. The Commission
continues to follow up all cases related to this issue.
1723 (b): To use all its powers to ensure that public
corporations and other employers who dismissed employees for failure
to appear for work at the time of the demonstrations treat them
in a way that is at least equal to that provided by the GoB to civil
servants.
Implementation:
The Government of Bahrain expended intensive efforts to reinstate
dismissed private sector workers, resulting in the settlement of
93% of cases of public enterprise, and 76% of all remaining workers
remain and are in the process of being reinstated. (see the implementation
of recommendation 1723 (a)
1723 (c): To reinstate all students who have not
been criminally charged with an act of violence and to put in place
a procedure whereby students who were expelled on legitimate grounds
may apply for reinstatement after a reasonable period of time, and
to adopt clear and fair standards for disciplinary measures against
students and to ensure that they are applied in a fair and impartial
manner.
Implementations
All students that have not been convicted with acts of violence
have been reinstated. Students charged but not convicted have also
been reinstated. If students are convicted, both the University
of Bahrain and the Bahrain polytechnic will have procedures in place
to facilitate their readmission after a reasonable period of time.
As stated by the polytechnic, 54 expelled students were readmitted,
while 8 declined due to their study abroad. None of the academia
or administration staff were dismissed. University of Bahrain has
taken necessary actions to amend its bylaws ( to include investigation’s
rules and procedures) in compliance with international standards.
The bylaws will be reviewed by the UNESCO experts.
1723 (d): To follow up on the statement by HM King
Hamad to the effect that the GoB will consider rebuilding, at its
expense, some of the demolished religious structures in accordance
with administrative regulations. The Commission welcomes the GoB
addressing this question at the earliest possible time.
Implementation:
On 12 January 2012, the Government announced that 12 mosques
would be built. Construction work has already begun on 5 which had
both a royal decree and a building permit. Construction on the remaining
7 sites will begin very shortly. The status of remaining sites is
under review pending taking required legal procedures
The Jaafari Endowments Administration, in coordination with the
Ministry of Justice, Islamic Affairs and Endowments, Ministry of
Municipalities Affair and Urban Planning, Ministry of Works, and
Survey and Land Registration Bureau aims to complete the legal,
administrative and technical requirements for issuance of title
deeds of all mosques and houses of worship, as well as for issuance
of building permits, resolution of overlapping border lines of properties
with some mosques and houses of worship, in preparation for their
reconstruction in accordance with Royal directive.
1724 (a): The Commission makes the following recommendations
with regard to media incitement issues: a) To consider relaxing
censorship and allowing the opposition greater access to television
broadcasts, radio broadcasts and print media. The continuing failure
to provide opposition groups with an adequate voice in the national
media risks further polarising the political and ethnic divide.
Implementation:
The Commission approved a number of recommendations and wrote
to the Government concerning those recommendations. They are as
follows:
Assigning the Media Affairs Authority to develop a national media
strategy based on consolidating common national values and calling
for reconciliation in all aspects which contribute to the interest
and development of the country.
Adopting a fair, professional and balanced media policy towards
the opposition, by ensuring that the media adopts points of view
related to expediting reform at the legislative and executive levels,
and catering for more of the living requirements of citizens. The
official media organizations should announce the programmes to gain
the confidence of citizens. This cannot be done without allowing
all the political and social forces to appear in the official local
media.
Diagnosing and remedying any government discrepancies towards
citizens through television and radio programmes.
Covering seminars and events organized by political associations,
focusing on their content in the media, and addressing them objectively.
This would give all parties the responsibility of addressing those
issues, provided that such actions are in compliance with Bahrain’s
Constitution and applicable laws.
Qualifying media personnel to gain skills commensurate with international
standards, in order to create specialized media expertise, focusing
in the coming period on personnel concerned with political and social
affairs to ensure their neutrality and best performance.
To stop all actions which could incite feuds and conflicts in
official media.
To accelerate the issuing of laws that regulates audio and visual
printing and publishing industry, both traditional and electronic,
to consolidate the constitutional principle guaranteeing the freedom
of expression, without prejudice to the unity of the people, and
without inciting sectarian division, taking into consideration the
events which took place in Bahrain and resulted in the existing
sectarian prejudice, in which information and social media played
a role.
The Commission was informed at the time that the Information
Affairs Authority have taken the initiative and conducted advanced
discussions with international experts from France to assist in
the drafting of proposals for implementing this recommendation.
The Commission also wrote to the Government requesting information
on action taken to diagnose and remedy any remissness on the part
of the state towards citizens in television and radio programs.
Moreover, the Commission recommended the easing of censorship on
the Internet.
Implementation Actions Taken
The Information Affairs Authority, in consultation with a team
of French experts, has set out a detailed plan on the implementation
of this recommendation. The plan includes the creation of a Higher
Media Board to monitor and sanction any content that incites hatred.
It also signed a memorandum of understanding with the Management
Consulting Centre of Excellence to prepare a Media code of honour
for Bahrain Radio and TV, to ensure the respect of a media code
of conduct, within a framework of pluralism, neutrality, credibility,
rule of law, and preserving national unity. The IAA has already
signed training contracts with international media outlets (BBC
and Radio France). The Government of Bahrain has also agreed to
the establishment of a high level education institute to train future
journalists and other communication experts, as well as the establishment
of an integrated media city to attract Arab and international radio
and television media companies, and to develop the media in collaboration
with the private sector, and pave the way for the establishment
of private satellite channels.
1724 (b): To establish professional standards for
the media and other forms of publications that contain an ethical
code and an enforcement mechanism, designed to uphold ethical and
professional standards in order to avoid incitement to hatred, violence
and intolerance, without prejudice to internationally protected
rights of freedom of expression.
Implementation:
Urging the Bahrain Journalists Association to reconsider the
media code of honour to address the national reconciliation phase,
in order to encourage writers to promote public opinion calling
for reconciliation and tolerance and rejecting division and extremism,
emphasising the necessity of compliance by all journalists.
To emphasize joint causes which consolidate national unity and
call for sectarian tolerance, shedding more light on such causes
in all programs and reconciling differences.
To reorganize official media agencies, and attract information
and media talent capable of building a media organization to international
standards in this field.
Implementation actions include a national plan for social reconciliation
developed by the Ministry of Human Rights and Social Development
and a Memorandum of Understanding signed between the Ministry of
Education and UNESCO in response to Recommendation 1725, Paragraph
(A).
1724 (c): To undertake appropriate measures including
legislative measures to prevent incitement to violence, hatred,
sectarianism and other forms of incitement which lead to the violation
of internationally protected human rights, irrespective of whether
the source is public or private.
Implementation: The Government is working with several international
experts in human rights to draft a legislation criminalizing violations
of Article 20 of the International Covenant on Civil and Political
Rights.
1725 (a): To develop educational programs at the
primary, secondary, high school and university levels to promote
religious, political and other forms of tolerance, as well as to
promote human rights and the rule of law.
Implementation:
To ensure the development of education programmes at the elementary,
secondary and university level, aimed at promoting religious, political
and other forms of tolerance.
To Legislate regulations aimed at safeguarding the sanctity of
educational and academic institutions as required by international
laws.
To Reconsider citizenship and social education curricula at all
educational levels, and the assignment of a panel of qualified education
experts to develop and issue proper educational curricula founded
on good and mature citizenship.
To Activatethe parents’ committees at schools, and to organize
periodic events and meetings for parents to serve as a means to
bring families closer together.
To Develope rehabilitation programmes for the education sector
based on international standards.
To Issue of a code of conduct to regulate professional standards
for education and regulate their relationships with the components
of society.
Assignment of the Supreme Council for Islamic Affairs in collaboration
with the Ministry of Education to reformulate the Islamic education
curricula for the three basic levels of education.
To Call for educational curricula in all religious institutes
and schools to incorporate the values of pluralism and coexistence.
to Work with civil society organizations to restore the local
Bahraini character.
The Ministry of Education has begun reforming curricula since
November 2011, held various workshops on human rights for children
in December and January 2012, and in February intends to introduce
an intensive training program for teachers on education for human
rights. The Ministry of Education has also proposed compulsory classes
in human rights and the rule of Law at the University of Bahrain,
and signed a Memorandum of Understanding with the UNESCO.
1725 (b): In general, the Commission recommends to
the GoB the development of a national reconciliation programme that
addresses the grievances of groups which are, or perceive themselves,
to be deprived of equal political, social and economic rights and
benefits across all segments of Bahrain’s population.
Workings of the Commission and Implementation:
The Commission recommended developing a reconciliation process
addressing political, social and economic aspects, and to be supported
of international expertise in this field, taking into consideration
the principles of human rights and constitutional principles. The
Commission also met with Mr. Mark Muller of Inter Mediate United
Kingdom, and discussed what the visiting delegation could offer
in terms of experience in national reconciliation in other countries.
The Commission also emphasizes that the implemented recommendations,
such as the reinstatement of dismissed employees, reconstruction
of mosques and compensations to victims and their families promotes
national reconciliation. The National Reconciliation Plan developed
by the Ministry of Human Rights and Social Development, which includes
the formation of a committee of all ministries to oversee the plan,
and to provide US $500,000 to Civil Society Organizations to contribute
to National Reconciliation programmes and other activities, is considered
to be a step in the direction of national reconciliation.
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