The Contentious Relationship Between Bahrain
& The International Human Rights Community
The issue of human rights in Bahrain with its foreign ramifications
has occupied a significant portion of the activities and concerns
of the government in Manama over the past few years, pushing it
to focus its efforts on nurturing it and seeking to achieve results
in this field by addressing the challenges and obstacles standing
in the way. It has therefore become necessary for parties with an
interest in this subject and its associated political and media
implications to be aware of its potential and means that could supplement
their efforts in achieving the desired and stated goal of furthering
human rights in Bahrain.
There are however, a number of basic hypothetical observations
on the stance visa-vis international human rights organizations.
Firstly, human rights organizations are actually pressure groups
or lobbies. Up until recently they were referred to as pressure
groups before being renamed as civil society organizations or non-governmental
organizations (NGO’S).
All civil or human rights organizations in all parts of the world
are in reality pressure groups (lobbies) in the sense that they
press those in power to achieve specific goals that benefit its
members such as the trade unions which are established to protect
the interests of specific categories such as doctors, engineers,
journalists and workers; or those that exert pressure on decision
makers to improve the situation pertaining to issues that are in
the interest of the general public such as the environmental campaigners,
human rights or other organizations.
The role or function of these pressure groups is to mobilize
forces and efforts through media campaigns and petitions to members
of the parliament, cabinet ministers and others who occupy influential
posts. They could also work to sway domestic and sometimes international
public opinion to achieve their goals.
When the Bahraini government opened the door to the establishment
of hundreds of NGO’s, it should have anticipated coming under some
form of pressure to either reform policies, amend legislations or
further other causes.
For example, those advocating for women rights, environment,
workers or the handicapped will carry out their main task by highlighting
the shortcomings in government performance and legislations, then
launch awareness campaigns to enlighten the public on the hardships
faced by those they are standing up for. Following that, they would
proceed to mobilize and sign up those willing to work and volunteer
for the cause, then they would address the authorities, seek the
support of their counterparts in similar organizations at home or
abroad, convene conferences and criticize the government’s lack
of action or slow response.
What all this means is that NGO’s carry out a persistent pressure
campaign and that every time authorities implement certain demands,
they move on to press for more demands and would only stop when
international standards stipulated by international agreements and
treaties ratified by the state are met. Even in cases where a country
has not acceded to a particular international convention, the pressure
does not subside but rather more domestic and international pressure
would be applied to push for the ratification and subsequent adherence
to those treaties. This happened in Bahrain and elsewhere and is
still taking place in scores of countries all over the world.
Therefore the decision makers and officials in the concerned
government should not denounce the existence of NGO’s pressure whether
local or foreign. They should not ask questions such as; “why did
they not stop criticizing us?” “Why did they not appreciate our
efforts?” “Why are they singling us out?” “Why focus on deficiencies
and negatives and not look at the pros and achievements?”
These questions may not be relevant because the basic premise
of the work of these groups is to examine the shortcomings and push
to rectify them and achieve greater results for those they are campaigning
on their behalf. Though some fleeting praise might come the government’s
way within the general context, it must be noted that the role of
the NGO’s is not to allot large spaces for commendation and flattery
of the state, as they are primarily interested in tracking and remedying
other deficiencies then moving on to other causes.
Secondly, resorting to the principle of state sovereignty as
a line of defense against allegations of abuse is no longer a viable
excuse to prevent international human rights organizations from
intervening in the internal affairs of any country in the world.
The concept of sovereignty can no longer be used elaborately
to argue that a country has the right to do what it pleases on its
territory and amongst its subjects.
The decrying assertions by any government such as “Why are others
interfering in our affairs?” or the tendency to address the international
human rights community, whenever there is criticism, on the grounds
that the state can do whatever it sees fit, or the insistence that
the state is merely implementing local law. All these types of responses
live in a virtual world that does not exist in contemporary international
relations.
Why do these arguments not hold water?
The answer simply lies in the fact that the issue of human rights
and other causes are now enshrined in international law, United
Nations Charter as well as conventions acceded to by the states.
Therefore the non-implementation of these treaties is deemed as
a breach of the state’s obligations.
In the past, countries were interested in international law only
in terms of the regulation of relations with other states, and each
country was able to do what it wanted within its territory and among
its people.
But times have now changed as the international community has
established mechanisms that allow it to pursue, hold accountable,
monitor, follow up and even prosecute. Internal affairs are no longer
the sole property of governments.
We now live in a world that collectively share the same human
rights concepts while Societies and human rights organizations share
the burden of defending people whoever and wherever they are. In
today’s world of globalization, there is a consolidation of the
organizations that work in the same field (environment, human rights,
women, press freedom), whereby local human rights groups have now
become part and parcel of the larger human rights community in the
world and thus benefit from its support and advocacy.
On the other hand, the states are now domesticating international
treaties and laws by incorporating them into their legal system.
As such it is inconceivable that anyone would refer to local laws
when the state itself has ratified treaties that impose obligations
other than those contained in the domestic law and that also compel
it to amend its domestic legislations in order to conform to the
international law.
This means that the state cannot isolate or separate itself from
what is happening in the world even if it has not ratified a certain
treaty. The reason being is that the majority of the international
community has acceded to it, so the state would then be bound by
it from a moral and customary standpoint (granted of course that
the state can express reservations on certain clauses without undermining
the substance of the convention.) It also means that any state must
now address the international human rights community using its language
and abiding by its standards, and must also understand the provisions
of international conventions whenever others interfere in a specific
internal issue that falls within the premises of those treaties.
To sum it all up, it is no longer possible to isolate citizens
or local human rights organizations from the impact of the outside
world. There is now something big in common between the entire humanity
in terms of concepts, mechanisms and tools. Even if a state decides
to abolish or bar the establishment of NGO’s this will not change
the fact that there will continue to be international human rights
organizations that will defend people’s rights, and criticize governments’
actions and coordinate with local activists who will defy the ban
and continue to communicate through the media and modern social
networking sites which cannot be controlled by the state.
No country in today’s world could isolate itself from the global
concepts or the international humanitarian law that is built on
them, nor can it stay immune from its effects on local policies
and conditions. Whether the state chooses to cooperate with or boycott
the international human rights community, it will not make the impact
go away. All choices come with consequences, and the choices for
states do not have to be black versus white but rather based on
which options are more useful or less harmful.
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