Based on Government reply and Comments from the Bahrain Center for Human Rights :

The UN (CERD) Committee Criticizes Bahrain[i]

The Committee on Elimination of Racial Discrimination (CERD):

Calls for Establishing a national human rights institution, finds the Political Associations act of 2005 unduly restrictive, asks about the arrest of human rights activists in 2007, and requests steps to ensure protecting female domestic workers

Background: At its 1700th meeting held on 11 March 2005, the Committee on Elimination of Racial Discrimination (CERD) adopted its concluding observations, after considering the Bahrain Government’s sixth and seventh periodic reports.

The Bahrain Government sent its comments to the Committee in a document dated 19 October 2006 (a UN translation of the document is attached). On 28 February 2007, the Committee held a meeting in Geneva with a delegation from the Bahrain Center for Human Rights (BCHR) where expert members of the Committee received and discussed updating information and BCHR’s comments on the Government reply. (BCHR Comments to the CERD is attached)

Based on the Government reply and BCHR Comments, the Committee issued a press report including the following remarks: (link)

The Committee on the Elimination of Racial Discrimination this morning reviewed its follow-up procedure, hearing a progress report from Committee Expert Morten Kjaerum on the status of States parties with regard to follow-up to the Committee's concluding observations (..)Committee Expert Morten Kjaerum said that since August 2006 the Committee had received three full follow-up reports from States parties that had been requested to make them: France, Bahrain and Georgia.

Concerning Bahrain, whose periodic report (CERD/C/BHR/CO/7/Add.1) had also been examined at the sixty-sixth session of the Committee, the Committee had requested information on implementation of four specific areas in its concluding observations. The Committee had recommended that Bahrain establish a national human rights institution, living up to the Paris Principles; that Bahrain encourage the establishment and working of integrationist institutions; that steps be taken to prevent and redress serious problems experienced by female domestic workers; and that all without distinction should enjoy the right to work, housing and social security equally.

In its reply, Bahrain did not enumerate specific steps, but had relied on citing relevant legislation regarding those issues, or by simply stating that the Government encouraged the work of civil society organizations. Mr. Kjaerum felt the replies did not seem to provide sufficient information on the areas concerned. With regard to support for human rights organizations, the Committee should ask about the Political Associations act of 2005, which had been found to be unduly restrictive, and ask for information about the arrest of human rights activists in January 2007. Concerning domestic workers, the Committee could request what steps were being taken, in particular to ensure that the legislation in place protected female domestic workers, in particular with regard to debt bondage, passport withholding, rape and physical assault.”

(Kindly: Find the three aforementioned documents attached)

[i] This report is issued by the Bahrain Center for Human Rights (BCHR) – 15 March 2007

BCHR Vice-President Nabeel Rajab Summoned by Public Prosecution BCHR Demands Investigation of Alleged Conspiracy Perpetrators, not Activists

Bahrain Center for Human Rights 12 March 2007 Ref: 07031201

[acidfree:177 align=right]The vice-president of the Bahrain Center for Human Rights, Nabeel Rajab, has been summoned for investigation by the Public Prosecutor, reportedly due to his role in publicizing the Bandargate scandal. It is likely that the investigation will be followed by the laying of charges, and possibly arrest of Mr Rajab.

Last Thursday, Mr Rajab received a letter from the Public Prosecutor asking him to present himself at the offices of the Criminal Investigation Directorate (CID) in Adliya on Wednesday, 14 March.

The letter did not specify the reason for the summon, but informed sources revealed that it was in response to a complaint by an individual listed in the Bandargate report. The complainant, according to the source, is Adel Abdullah, a health ministry employee mentioned in the Bandargate report as being responsible for setting up internet forums to promote sectarianism.

It is believed that the summon, and possible criminal charges, is the latest attempt by the Bahrain government to threaten and silence activists who continue to highlight the Bandargate scandal, as well as to prevent the BCHR from carrying out its activities.

The 'Bandargate scandal' is an alleged conspiracy by high-level government officials to economically and politically suppress the majority Shia population of Bahrain using various methods, including the rigging of elections. The details of the plot were revealed in a report authored by Dr Salah Al Bandar, a British consultant to the government, and issued by the Gulf Centre for Democratic Development in September 2006. (See BCHR reports: "Conspiring Against the Shia", October 2006 and "A Political Scandal", September 2006).

Previous attacks

Previous actions by the government to quash public discussion of the Bandargate scandal include:

• BCHR president, Abdulhadi Alkhawaja, and two other activists are currently being prosecuted, facing criminal charges of up to 15 years in prison, after they continued to highlight the scandal (BCHR Ref: 07022501)
• In January, two political activists were sentenced to prison for distributing leaflets calling for the boycott of the November 2006 national elections (BCHR Ref: 07022601)
• Dr Salah Al Bandar, the whistleblower of the scandal, was forcibly deported from Bahrain by government authorities, after he delivered copies of his report to the Press.
• Following the revelations of the scandal in October 2006, the Higher Criminal Court, presumably under the directives of the government, issued a ban on all news, information and discussion of the Bandargate case. (See BCHR Ref: 06100500)
• Since the ban, the Bahrain government has been continuously threatening activists and journalists (BCHR Ref: 06101201), and blocking websites and blogs (BCHR Ref: 06110200, Ref: 06103001, and Ref: 06102600) that have been discussing the scandal in public

[acidfree:356 align=right] This is not the first time that Mr Rajab has been the target of the government. In July 2005, he was severely beaten by government security forces when he was monitoring a peaceful demonstration organized by the 'Committee of the Unemployed' (see Human Rights Watch statement, July 22, 2005 and BCHR Ref: 05090601). He continues receiving treatment for some of the injuries sustained at the demonstration until today.

Mr Rajab recently returned from trips last month to Washington DC and Geneva where he and other BCHR delegates met with representatives of several international organizations to discuss the Bandargate scandal and the general human rights situation in Bahrain. Some of the groups with whom meetings were held are: the Carnegie Endowment for Peace, Amnesty International, Human Rights Watch, and several committees of the Office of the United Nations High Commissioner for Human Rights.

Investigate accused perpetrators, not activists

The BCHR condemns the continued threats and attacks on activists who merely seek transparency and justice by highlighting the Bandargate scandal.

"The Bahrain government has so far refused to investigate any of the individuals implicated in the Al Bandar Report, and instead chooses to threaten and attack anyone who asks for accountability of the government officials," said Abdulhadi Alkhawaja, president of the BCHR.

"This policy of the government only provides further evidence, in the eyes of the public, to the claims of sectarian conspiracy detailed in the report," he added.

BCHR Reiterates Demand for Domestic Workers to be Included in Labour Law

Bahrain Center for Human Rights 8 March 2007 Ref: 07030800

On the occasion of International Women's Day 2007 the Bahrain Center for Human Rights calls on the government and civil society to reaffirm the rights of all women in Bahrain, and in particular, would like to highlight the plight of the thousands of migrant domestic workers who are living among us.

In an address to the United Nations on Tuesday, Her Highness Shaikha Sabeeka Al Khalifa, wife of His Majesty King Hamad and chairwoman of the Supreme Council for Women, asserted that: "Women (in Bahrain) today enjoy comprehensive rights, have equal rights and responsibilities with men and can fully participate in public life and political action." (Gulf Daily News, March 7)

The BCHR disputes this portrayal by Her Highness Shaikh Sabeeka, finding instead that Bahrain continues to be male-dominated in almost all sections of society and that the situation for women is far from acceptable.

In addition, very few genuine steps are being taken -- by either the government or civil society -- to rectify the one-sided system.

Some of the pressing problems facing women in Bahrain are that:

• women continue to be discriminated against in the workplace and denied senior posts in both the private and public sectors
• family law in Bahrain is uncodified and governed by all-male religious Sharia courts -- influential sections of the religious establishment oppose a codified family law, while the government now seems uninterested in pursuing the matter (see Women's Petition Committee statement, 1 Nov 2006);
• the Sharia courts and Public Prosecution have resorted to threatening activists who dare to criticize its anti-women policies (see BCHR Ref: 05060301 and Ref: 07011401);
• children and spouses of Bahraini women married to non-Bahraini men are not entitled to citizenship;
• sexual harassment and domestic abuse against women is commonplace, with very little institutional support for victims -- spousal rape is not considered a crime according to Bahraini law.

The BCHR feels, however, that special attention must be given to the plight of female migrant domestic workers, as they have been by and large ignored and excluded from the discourse on women's rights in Bahrain.

Female migrant workers are also women

Across the world, women and children are the most vulnerable section of society to the effects of economic, political and social ills. For migrant women, the conditions are even worse.

In Bahrain, migrant workers employed as domestic helpers are not protected by the country's labour law.

Upon arriving to the country they are subjected to mandatory health testing related to sexual and reproductive health without consent or counselling.

Problems faced by these women include long (or undefined) working hours, low salaries and late payment of salaries, poor and repressive living conditions and psychological, physical and sexual abuse.

Extreme local cases have seen women being trafficked into prostitution.

However, few are able or willing to seek legal redress - many because they are unaware of their rights, but also because they do not have access to the institutions where they could seek help.

"In addition, because domestic helpers are required by law to live with their sponsor (employer), leaving the home to file a court case has lead to the jailing of abuse victims in the past," BCHR vice-president Nabeel Rajab said.

"In an act of true solidarity between women, we would like to see the plight of migrant women being highlighted in Bahrain on this International Women's Day," he added.

"The BCHR calls on all concerned parties to work to ensure the protectection of these women's rights, and to give them the respect they deserve."

Labour Law must cover domestic workers

The BCHR reiterates demands made earlier regarding migrant domestic workers (see BCHR Ref: 07010200):

To the Government:

• Take immediate steps to amend the Labour Law such that domestic workers are included under its scope.
• Create legislation and practical steps to guarantee at least one day off from work each work for all domestic helpers.

To worker unions and women's groups:

• Encourage female migrant workers to participate in your organization's activities.
• Make domestic worker's rights issues a permanent part of your organization's agenda.

Reported brutal beating of civilians by special security forces and alleged political recruitment of Iraqi Sunnis into special security forces

Bahrain Center for Human Rights 1 March 2007 BCHR Ref: 07030100

[acidfree:1071 align=right] [acidfree:1070 align=right]

The Bahrain Center for Human Rights (BCHR) calls for an investigation into allegations regarding the brutal beating of a Bahraini citizen Saeed Ibrahim (32 years) from Sanabis.

According to eye witnesses, a busload of special secret security forces (notorious for using excessive force against civilians) entered the village of Sanabis last weekend, snatched Ibrahim from his family's grocery shop and beat him brutally, leaving him bleeding.

Similar violations have occurred in Bani Jamrah and other villages in Bahrain. Villagers claimed that the special security agents were speaking Arabic with an Iraqi accent.

Traditionally the special security forces in Bahrain are non-Bahraini and recruited from Jordan,Yemen and Balochis from Pakistan.

The allegations that Iraqi Ba'athis are being employed by the Bahrain authorities have been addressed by a document leaked recently by former consultant to the Bahraini Government, Dr Salah Al Bander.

According to the report[1], issued by the UK-based Gulf Center for Democratic Development of (GCCD), the Bahraini Authorities employ a humanitarian-front plan; granting refuge to Iraqis fleeing civil war in Iraq- for its own internal political agenda. In the third section of the said report (pages 99-114), focus was placed on the priorities of naturalization, its challenge and strategy. It monitors the priorities in targeted nationalities as sources of naturalization, and sets the requirement for naturalization of 50 thousand people per year so that a 'sectarian balance' is achieved by the end of 2010. Out of the recommendations of this part of the report states:

• "There are more than 120 thousand Iraqi Sunnis in Jordan, fugitives from tyranny and Shiite persecution in Iraq. Make use of this quantity in facilitating the presence of at least 30 thousand of them in Bahrain. Despite the rough nature of the Iraqis compared to the Bahrainis, this will help in elevating the temperature of the Bahraini Sunnis.
• Discrimination and persecution facing Iraqi Sunnis since the fall of Saddam, is still virtually undisclosed in all parts of the Islamic world. Bahrain can use this in its propaganda campaigns, directed internally, to pre-empt the current Shiite schemes"[2]

"These allegations and the excessive use of force by the Bahraini security forces against civilians need to be investigated thoroughly by an independent and trustworthy body", BCHR vice president Nabeel Rajab said.

"I also repeat the call for a tribunal to be set to investigate the first Bander report", he added.

"The situation in Iraq is tense, sectarian oriented and leading to a civil war, where people have been arbitrarily killed based on identity and sectarian grounds".

Rajab added: "Suggestions that the Bahraini Authorities drawing from such disastrous situation, and importing Sunni Iraqis with Ba'athi background to use against the local Shia population in special security forces is extremely worrying, as it paves the path for a replica of the Iraqi case."

The BCHR calls for an honest and independent investigation into Sanabis incident

We urge the Bahraini Authorities to answer, in public, citizens concerns and fears that Iraqis are being brought into the country to be employed in the state security bodies and deployed for suppression of popular activities calling for democracy and more freedoms.

We also call for the Bahraini Authorities to answer questions over the shocking Bandergate report, which was leaked over 4 months ago but has never been dealt with in appropriate manner, to alleviate these fears and concerns.

Notes

[1] "Bahrain: 2005-2010, the Action Plan of Secret Web", January 2007, GCCD, UK.

[2] See page 107 of the GCCD report

BCHR cautiously welcomes the release of Leaflet Detainees; calls for repeal of Penal Code of 1976 and Press Law

Bahrain Center for Human Rights 26 February 2007 Ref: 07022601

[acidfree:815 align=right][acidfree:719 align=right] The Bahrain Center for Human Rights welcomes the release of two Bahraini political activists, known as the "Leaflet Detainees", who were sentenced to prison last month for distributing political leaflets. However, the BCHR calls for steps to be taken to end the continuous government practice of using detention and prosecution to harass human rights and political activists, and journalists.

Dr. Mohammed Saeed Al-Sahlawi (dentist, age 35) and Hussain AbdulAziz Al Hebshi (insurance sales executive, age 32) were arrested on 16 November 2006, after they were found in possession of internet-downloaded publications calling for the boycott of the November 2006 national elections, deemed by the government as "subversive literature". The pair were charged with "promoting the change of the state system through illegal means and without a legitimate reason", and "spreading false news and rumours, which would cause disruption of public security, and damage public interest", on the basis of articles 160, 161 and 168 of the Draconian Penal Code of 1976 (for details, see BCHR Ref: 07010801).

Despite pleas for their release from a wide range of local and international human rights organizations, the courts convicted the pair on January 30, with Dr Al Sahlawi receiving a one-year prison sentence and six months for Mr Al Hebshi. The pair were released from prison yesterday morning, reportedly based on a royal pardon from HM the King, Shaikh Hamad bin Isa Al Khalifa.

Veiled warning to all activists

While the release of the detainees has been welcomed, the BCHR remains deeply concerned that the purpose of their detention and prosecution by the government was to stifle any public criticism of it.

"Although the 'Leaflet Detainees' are now free, the three months they spent in detention, without compensation or apology, was enough to serve its purpose as a veiled threat to other activists and journalists who are critical of the government's actions," BCHR vice president Nabeel Rajab said. "The case of the Leaflet Detainees is just one of many such recent government attempts to silence dissenters in the country."

It should be noted that:

• BCHR president Abdulhadi Al Khawaja, and HAQ Movement (an opposition political society) secretary-general Hassan Mushaime are currently being prosecuted for "crimes related to internal state security", each facing upto 15 years imprisonment

(see BCHR Ref:07022501).

• Popular local blogger Mahmood Al Yousif is currently facing a libel case, punishable by imprisonment, for criticizing the minister of municipalities and agriculture on his blog (see BCHR Ref:07020900)
• Suad Fathalla is being threatened and harassed for criticizing the Public Prosecution and Sharia courts on a television discussion programme about women's rights in Bahrain (see: Ref:07011401)

In recent years, numerous other activists and journalists have been detained and prosecuted for expressing criticism of the government. There have also been a number of cases where prominent activists have been targeted for physical attack by security forces during peaceful demonstrations, or personally attacked by masked men.

"The continued harassment of activists violates government commitments to freedom of expression and press guaranteed by articles 23 and 24 of the Constitution of Bahrain and by international human rights instruments", Rajab said.

He added: "Instead of pursuing activists and journalists, the Public Prosecutor should be prosecuting known torturers like Ian Henderson and Adel Flaifel or the inciters of sectarianism accused in the Bandargate report who currently walk free in Bahrain. Additionally, the Penal Code of 1976 and the Press Law of 2002, under which activists and journalists are repeatedly prosecuted, must be repealed or amended such that they comply with international human rights standards."

Prime Minister commends treason accusations against BCHR president. BCHR demands investigation of Al-Bandar Scandal, securing of freedom of expression, and an end to harassment and prosecution of activists

Bahrain Center for Human Rights (BCHR) 25th February 2007 Ref: 07022501

As a part of a campaign against a one week visit by the Bahrain Center for Human Rights (BCHR) to the United States, Anwar Abdulrahman, the editor-in-chief of “Akhbar Al-Khaleej” and “Gulf Daily News, wrote an editorial on the 18th of February titled: “Globalization conspiracy” which criticized a meeting organized by the 'American Enterprise Institute' (AEI) in Washington. The article, which was commended on the following day by the Bahraini Prime Minster, included the following:

... on Wednesday morning in Washington, this same group [AEI] staged an extraordinary meeting with Bahraini citizen Abdul Hadi Khowhaja and British passport holder of Sudanese origin Dr Salah Al Bander, of 'Bandergate' fame. Its declared aim - to discuss Bahrain's future structure.

[...]

In opening remarks Bletka described Bahrain as a dictatorial regime whose reforms are purely cosmetic. Dr Al Bander then pronounced that although Bahrain has achieved much, it has failed to establish an impartial judicial system, the Press is stifled..

[...]

Toby Jones' paper in the 'conference' alleged that our election was unfair, branding MPs non-democratically chosen and therefore not truly representative of Bahrain's people. Finally, Abdul Hadi Khowhaja's address referred to all political reforms as a sham... Abdul Hadi Khowhaja's address referred to all political reforms as a sham.

[...]

Is this not an act of conspiracy? Is this not a betrayal of trust? Is this not an act of treason by any country's standards?

[...]

It seems clear that America's legal framework is seriously flawed and compromised if it can judge a country merely by listening to two known agitators. It makes us wonder. Is America run by sane or insane people, allowing their country to drift into serious moral decadence? American officials visiting Bahrain or living here are only too happy to praise excellent relations between the two countries. As a result trade has passed the $1 billion mark for the first time. Yet they allow such a shameful gathering to take place in their land.

[...]

I can find no better expression than that used by 16th Century English writer Sir John Harrington, who said: "Treason doth never prosper, and if it prospers, none dare call it treason".

Prime Minister Hails Accusations:

On 19th February, Akhbar Al-Khaleej published as a headline a statement by the Prime Minister, Shaikh Khalifa Bin Salman Al-Khalifa, commending the aforementioned Editorial. The Prime Minister also said: “Forums, TV Satellites and external activities should be used to exhibit the achievements that have been acquired in the Kingdom of Bahrain.. not for undermining it.” The Prime Minister stressed on: “exploiting openness to serve the country and its stability, and discouraging those who attempt to abuse this openness and use the mosques and religious places to achieve their objectives”. This statement is understood to be pointing to Abdulhadi Al-Khawaja, the President of Bahrain Center for Human Rights and Hassan Mushaima, the general secretary of HAQ Movement, who were arrested on the 2nd of February, 2007 for delivering speeches criticizing government violations including the scandal which was revealed in the Al-Bandar Report (see Ref:07020201).

It is worth noting that the release of Mr. Al-Khawaja, Mr. Mushaima and Shaker Mohamed took place on the same date of their arrest. The release was on bail, based on their current residential address. The release took place after the spread of protests in different places in the country. Following which the two semi-governmental newspapers (Akhbar Al-Khaleej and Al-Watan) started a campaign to defame the charged activists, demanding that the government punish them. The two newspapers did not publish the speeches based on which they were accused or the press conference that was organized by both Mr. Al-Khawaja and Mr. Mushaima following their release.

Reasons Behind Defamation and Prosecution:

Mr. Al-Khawaja revealed in that press conference that the true reason behind the arrests, defamation and prosecution is because both the Bahrain Center for Human Rights and the HAQ Movement had been actively engaged in revealing the Government human rights violations, sectarian discrimination, political naturalization and the ransacking of public wealth and lands; as well as for the active role of the two organizations in publicizing the Al-Bandar Report, the scandal that reveals the involvement of high givernment authorities in a secret web and plan to monopolize the election, implement sectarian exclusion and penetrate civil society.

Charges and punishment:

The Public Prosecution announced that it will bring Mr. Al-Khawaja, Mr. Hassan Mushaima and Mr. Shaker Mohamed to court based on four charges: Promotion to change the political system of the state, public incitement of hatred against the regime, announcement of false news and captious rumors, propagation of excitatory propagandas that could damage the order and devastate public interest and public incitement to disobey the law and praising issues that are considered crimes. These charges could lead to imprisonment of more than 15 years based on articles no. 160, 165, 168, 173 under “crimes related to States Internal Security” of the Penal Code that was issued by decree no. 15 of 1976 after dissolving the National Assembly, and amended to be more stringent by decree law no. 9 for the year 1982 (See attachment for translation of the articles). International human rights bodies and organizations have repeatedly denounced the security measures in the Bahraini Penal Code. Recent international reports revealed that Bahraini judicial laws lack impartiality and integrity, which will reduce the opportunity for the accused to receive a fair trial.

Based on the above, the Bahrain Center for Human Rights urges the following actions:

1. To maintain freedom of expression and to halt harassing and prosecuting human rights defenders and political activists for expressing their views and opinions.
2. To amend the Penal Codes in conformity with the international standards of Human Rights and to stop using restrictive laws that strangles freedoms.
3. To drop false charges against Mr. Al-Khawaja, Mr. Mushaima and Mr. Shaker and to stop the media campaign against them.
4. To remove the ban on publicizing and using information related to the Al-Bandar Scandal and to urgently and impartially investigate and reveal the truth about it.

For further information: Nabeel Rajab: Mobile: +397 39633399, Email: nabeel.rajab@bahrainrights.org Website: www.bahrainrights.org

Attachments

Articles of the Penal Code no. 15 of 1976 amended by decree law no. (9) 1982 based on which the president of the BCHR and others were charged

• Article 160: Should be punished by imprisonment for no more than ten years any person who promotes or favors in any manner the overthrow or change of the political, social or economic system of the State with the use of power or threat or any other illegal method.
• Article 165: Should be punished by imprisonment or a fine anyone who incites with the use of one of the publicity methods hatred of the ruling regime or contempt towards it.
• Article 168: Should be punished by imprisonment for no more than two years and/or a fine not acceding BD200 any person who willfully broadcasts any false or malicious news, statements or rumors or spreads adverse publicity, if such conduct results in disturbing public security, terrorizing people or causing damage to the public interest
• Article 173: Should be punished by imprisonment for no more than two years and/or a fine for no more than BD200 anyone who incites others with the use of one of the publicity methods to non-compliance with the laws or praises something that is deemed a crime.

23 February 2007

The Bahrain Centre for Human Rights is extremely concerned to learn that since the beginning of this year four migrant workers have committed suicide in Bahrain.

The BCHR urges that serious and decisive measures are taken to investigate the causes behind such actions, and that steps are taken to work towards preventing such incidents from happening again.

On January 3 an Indian man’s body was discovered after he hung himself from the ceiling fan in his Hoora apartment.

On January 20 a 47-year-old Indian man died after throwing himself off the pedestrian bridge.

In the third incident, on January 21, a man’s body was discovered after he hung himself at the Commerce Towers in Manama.

A 49-year-old Bangladeshi man has also been reported as having committed suicide this month. “Suicide attempts are recognized as a cry for help,” BCHR vice president Nabeel Rajab said.

“These tragic events should be heard as an alarm going off in Bahrain and the reasons which led to these men taking their own lives should be investigated.

“Bahrain needs to examine the terrible conditions that migrant workers live in here.

“It is often the case that financial difficulties compounded with loneliness, alienation and miserable living conditions have a very negative psychological effect on migrant workers.

“Both local stakeholders and embassy officials need to take responsibility for protecting the rights of these workers, the most fundamental of which is the right to live – in dignity and health.”

The BCHR calls for an investigation into the situations surrounding the recent multiple suicides.

Based on the investigation’s results, measures should be taken – and implemented - to try and prevent such incidents from recurring.

View in external player Listen to audio only (mp3)

Video of seminar held at the American Enterprise Institute, Washington DC, on the subject: Reform in Bahrain: One Step Forward, Two Steps Back? (February 13, 2007)

Speakers are:

• Salah al-Bandar, Gulf Centre for Democratic Development
• Abdul Hadi Al-Khawaja, Bahrain Center for Human Rights
• Toby Jones, Swarthmore College

REFORM IN BAHRAIN On the Path towards Democracy Dr Salah Al Bander Secretary General GCDD

American Enterprise Institute Washington DC, 13 February 2007

Thank you, Chairperson Ms Pletka,

I want to commend the AEI for holding this discussion panel about the Reform in Bahrain. We express our appreciation for this opportunity to speak to you today about our efforts to let Bahrain become a sustainable, striving, and stable democracy.

Let me start, distinguished ladies and gentlemen, by going straight to the heart of the matter by saying that work, like this today, should continue to drive for dismantling the structures of containment, institutional discrimination and exclusion in Bahrain. Of course, it would be in everyone's interest if conflict could be prevented before it broke out. Timely preventive measures are far easier and cheaper in political and human terms than efforts to try to stop or slow down confrontation once it has begun. Let me say, also, that the Bahrain reform experiment has come a long way since the 1990s. Despite everything, the recent elections are one more major milestone on the path of democratisation in Bahrain.

The 1990s Bahrain is perhaps a classic example for a benchmark and merits serious consideration when we talk about democratic change in Arabia. We have to take into consideration the ruling families in the Gulf as a prime source of instability and oppression toward their citizens.

That period has demonstrated in stark terms the need for better risk assessment. It was vital to establish an early policy formulation within the Government of Bahrain, the opposition structures, and by the strategic partners of Bahrain: The American Administration here in Washington.

At the moment Bahrain's experiment with political reforms is facing serious, perhaps insurmountable risks and hurdles. Its progress towards the promised Constitutional Monarchy will continue to move backwards and becomes even slower after the 2006 elections. In my judgement, for the foreseeable future, however, we have little else to expect but witness a slowdown, and even complete reversal, of the so-called "the Reform Project by HM the King".

One of the greatest threats to democratic governance in Bahrain is the alarming discovery of the “Secret Organisation” in August 2006 and the revealing operating plans in January 2007. It has a 5-years detailed action plan designed in order to ensure Sunni domination over the country’s majority Shiites.

The official response to this ugly, Sectarian Apartheid is deliberate efforts to discredit the GCDD and avoid facing the serious issues raised by the reports.

Crises sometimes happen to be turning points in history, serving as eye-openers that stimulate a fundamental reversal of behaviour. In the case of Bahrain it reflects a unique reality always mixing the dangers of crises with the opportunity for change. As we all recognised in this room today Bahrain reform has reached a cross-roads.

It is clear that wise decisions and calculated moves taken by the opposition will determine whether the country is able to continue its authoritarian regime with a period of stability, peace and welfare, or whether this time it will simply experience a painful revival of the mid 1990s, therefore following Iraq’s example.

King Hamad is avoiding the public vision that is well recognised in the National Charter, as a Bill of Rights. He is doing so by establishing an underground system, which makes it possible for the Royal Court to avoid the legitimate accountability, and strengthen outright control of the civic society while maintaining a positive image abroad as a model Constitutional Monarchy.

In this context, it is possible to speak of a Control System, consisting of dominance over political actors, institutions, and over the rules of the democratic game: the 4 basic elements are:  a strong central system of governance linked directly to the Royal Court along with the active weakening of all other institutions, including the elected ones (Municipalities and Parliaments, trade unions, associations) and the judiciary.  Full control over the media in order to govern public opinion. Control over all aspects of elected bodies, converting them from being a tool to express the will of the people into a means of legitimising the decisions made by the regime.  Weakening the civic society so that it can no longer fulfil its function in the system and is being gradually replaced by substitutes of bogus NGOs that are absolutely dependent on the system and do not have an independent foundation.

We witnessed the regime's pre-emptive tactics to contain change before the elections and we are going to witness even more during the 2007. For example from the saga of the Constitution to strengthening the Government's powers and decreasing the powers of Parliament, amending the election rules to ensure a stable set of loyalists, adoption of tougher media control, restricting, de-legalising and even criminalising certain types of civil society activities. Last but not least, exploiting the instrument of sectarian tension: that is, manipulation of public consciousness and collective memory to instigate public fear, spreading stereotypes, and lies about the domestic opposition.

What the election period and after exposed clearly is the extreme reliance of the regime on a central system of manipulation based in the Royal Court over political actors, institutions and the rules of the game.

The core objectives of the Royal Court are, FIRST, strengthening the powers of the Supreme Defence Council alongside the weakening of all other institutions; SECOND, complete dominance and control over the opposition, and THIRD, ultimate control over the elected Council of Representatives, turning the winning of the opposition to 63% of the votes from a means of empowerment of the people into the means of legitimisation of the regime's decisions.

The year 2006 is marked by a whole set of failures by AlKhalifa's regime, and brought further changes in the direction of outright authoritarianism. This, indeed, well documented in the reports of AI, HRW and the American DOS Bureau of Democracy, Human Rights, and Labour annual report on Human Rights Practices published by the March 2006.

And I am sure that my colleagues Mr Al-Khawaja and Dr Toby Jones will elaborate further on these issues.

Continuation of offsetting reforms since 2003, and intensified pressure on civil society should be highlighted in this respect. Nevertheless, the overall situation caused by the wider political participation of the opposition forces gave more room for much more optimism with regard to the prospects of democratic change in Bahrain. It showed more developed forms of political participation, stronger feelings of citizen competence and higher level of civic culture.

Indeed, with the decreasing support base of the regime, more than 98% as reflected in the massive popular National Charter referendum of the 2001 to less than 37% of a core political base of minority Muslim Brotherhood and Wahabi socities after the 2006 election is a case for reflection.

Looking from the outside at what has been going on in the country over the last 5 years, it is clear that Bahrain's experiment is in BAD shape more than anyone could imagine.

The 2006 events also pulled off the beautiful public relation masks and revealed the ugly and vicious mugs underneath. For the overwhelming majority it was the real face of reforms. It showed a regime with institutional tools of exclusion and outright discrimination against the majority of its citizens. Of course, many people knew the reality behind the masks was not quite the same, BUT 2006 sudden confrontation with that reality was for many people profoundly shocking, including myself, and a challenge to action.

Years ago my professor at Cambridge said to me "AlKhalifa rule for the last 300 years yielded only crude force, that the appeal to moral sense, to justice, to fair play, was completely worthless and out of their consideration. I remember, I differed with him then. I hope that I will find one reason today as not to accept, even in part, his wise judgement.

Bahrain is now firmly at the league of few states that democracy promotion groups are increasingly confronting not only outright repression, but the efforts, largely associated with authoritarian regimes, committed to undermining, countering and reversing democratic changes. As the GCDD reports revealed the tools of exclusion seem to be not only well-endowed with repressive capabilities and financial means, but also with the intellectual resources.

On the other hand, it is reasonable to say that there are 3 surprising circumstances that are clear now in Bahrain:  Radicalisation of the democratic forces, and in a broader sense, a larger part of the community affected by repression is very clear about its awareness and understanding of the challenges that are confronting;  Ability of civil society to spontaneously organise around more focused issues and political campaigns and even direct actions;  Limitation on the regime's ability to restrict access to information.

One part of the purpose of today’s meeting is to hear more about the bilateral relationship between America and Bahrain and how we view the long term constructive engagement between them in order to ensure the stability and security of the country in the post-2006 election period.

As we all remember in May 1996, four Saudi men were publicly executed for bombing the al-Uliyya US mission in the Saudi capital, al-Riyadh. This was the first public political execution since the takeover of the Makkah Grand Mosque in 17 years earlier. A month later another attack took place in al-Khobar Towers. In both cases the Saudi corrupt regime managed to convince the Americans that they were victims like them and it is nothing to do with their tyrany. Five years later there was 9/11 and the rest is history.

Since 2001, Bahrain is considered a major non-NATO ally and hosts the US Navy's 5th Fleet with its rising role in the regional conflicts: Iraq, Afghanistan and Iran. The Free Trade Agreement followed and October 2006 was a turning point in the alliance with US. For the first time the Bahrain Royal Navy, unlike other Gulf States, participated effectively on the "Leading Edge" operation off the Iranian waters which consisted of an interception of a ship carrying nuclear materials for a country that wanted to build a nuclear capability. Today, Bahrain Royal Court is very happy to be seen as a closer ally to the Free world.

Bahrain and Kuwait have a significant Shi'a community and both know very well that if they allied with US position they could face serious domestic unrest and political instability. This is the reason behind the recent extensive exchange visits between the ruling families of Kuwait and Bahrain. Bahrain is putting a lot of pressure on Kuwait in order to positively mediate with Washington in order to allow the King further space to deal with the rising tide of internal opposition as a threat to its own national security and American interests. It intends to persuade the American Administration that they are victims to a bunch of militant Hizbullah-like fanatics. The Royal Court is urging America and the free world to keep silent towards the intension of the King to crush the opposition in the near future, possibly before this summer. If Washington accepted the Royal Court position it will have lasting implications for Bahrain, the Gulf region, the United States, and beyond.

The most serious issue which nobody likes to talk about is the current marriage of convenience between the Royal Court, the minority Muslim Brothers and the Wahabis in order to contain the majority of the political opposition under the guise of combatting the Shi'a and Iranian plots. This will no doubt destabilise the whole Middle East and possibly far beyond.

The plans of the Secret Organisation up front looks as if it concerns a Sunni block against a Shi'a block. However, the intention is far beyond Bahrain.

Bahrain is the capital of Islamic banking. From Bahrain the Muslim Brothers and the Wahabiis control a network of 300 Islamic financial institutions in 40 countries. Since 9/11 this network is growing by more than 20% annually. Today they control total assets of more than 300 Billion Dollars. 70% of all deposits in the 6 GCC countries are now in the hands of these Islamic Banks and by 2013 will be more than Trillion Dollars. The political objective is to fully control the administration of these resources, the sooner the better.

It is important to mention here that it is much easier for a Shi'a to join the Royal Guard or the Bahrain Defence Force than any of these Banks. It is exclusively run by and through a network of patronage connected directly to Sunni Islamists in these countries.

The political reconstruction process since 2001 reached its end by December 2006. Five years of political tension and setbacks were deepened rather than defused by the 2006 election.

Bahrain still faces many challenges before democratic governance is secured. The current diplomatic efforts by the Royal Court to win Washington approval, actively or passively, for its bending oppressive measures against the civic society should not be allowed. The American Administration must continue to be engaged positively with developments in Bahrain and protect the fundamental rights of the people if the factors contributing to its instability are to be proactively solved.

Unfortunately, the setbacks to reform are closely associated to the development of the closer ties between Bahrain and the US.

So, WHAT IS WAITING FOR US IN 2007 AND BEYOND? Looking to the future, what is being done to inspire trust in the path toward democracy?

The MOST critical issue is to inspire the confidence of the people in the integrity of the recent elections, and a belief that voting is worthwhile. The second most critical is NOT to allow the King to use the current regional tension as an excuse to crush what ever is left of his reform project.

On the other hand, there are signs that the Council of Representatives might become more factionalised and vulnerable to manipulation by the Royal Court. There is great possibility that is going to be dissolved by the King sooner than we can imagine. What remains to be seen is the impact which this will have on developing viable democratic institutions that can effectively govern the people that they are meant to serve.

The Government of Bahrain will continue its policy to do more than block all the possibilities for the elected opposition members, both in the municipalities and the parliament, to take part in decision-making. It will continue also its policy of marginalising and controlling the role of the trade union movement. Interestingly, trade unions have more membership than the all political societies put together.

The fact remains that a stable Bahrain will require a serious effort from the international community to support the civil society, reject all methods of its control, and force the cooperation of the Royal Court in that direction.

With the set of passed laws, an extensive security network, and the mercenary forces at hand the Royal Court has turned the political system into a pressure cooker. Indeed, by insisting on implementing the published strategy of the Secret Organisation they will keep turning up the heat. This will ultimately lead to more radicalisation of the opposition itself, development of its mass popular mobilisation and organisation skills and influence leading to the eruption of violence or chaos.

However, it is clear to me it is a matter of life and death that the regime increases the elements of stability and flexibility by listening to the will of the people. The Government needs to re-establish communication with the legitimate demands of the majority community (70% of the population), and break the vertical power of the Royal Court system into 5 flexibly unconnected and independent horizontal powers.

But there is another threat to Bahrain reform, Ms Chairperson, as you have indicated. One that could kill it immediately is the silence of the US about the outright problems that were well reviewed and documented in the DOS 2005 annual report, and the one which is due next month. What is critical here not just the listing of them: ACTION is needed to change them.

Bahrain needs badly an American engagement that will strengthen the derailed reform process, empower civil society institutions, and provide a measure of accountability for facing the serious challenges and dangers that lie ahead.

There is a great need now to let the elected representatives, despite the limitations, play a more positive role at all levels of policymaking, and to send the energy of social conflict flowing into legitimate channels, stop immediately the tactics and tools that undermine the process, and give up throwing new barriers in the face of democratic forces.

The rule of law must improve, transparency, and a hands-off approach by the Royal Court, if the people were to have confidence in, and participate in, the road towards democracy.

A lack of success in these areas will undermine the credibility of the democratic process and may risk demoralising the aspirations of the majority of citizens and jeopardise their ability to actively shape and strengthen representative governing institutions. Then this is the obvious real threat to American interests in Bahrain.

If America ignores the Saudi case and continues to ignore our appeals, the risk is that the political system will collapse completely and will become too obvious. Sadly, the Royal Court continues blindly in precisely the wrong direction. However, the writing is on the wall, the regime must give way in due course to democratic participation if it is not to collapse.

The political reconstruction process since 1999 reached its starting of the end by 2002. Four years of political tension were defused by the 2006 election and the participation of the major opposition forces. However, Bahrain still faces many challenges before democratic governance is secured. The international community must continue to be engaged with developments in Bahrain if the factors contributing to its instability are to be proactively solved.

Bahrain needs badly an engagement that will strengthen the derailed reform process, empower civil society institutions, and provide a measure of accountability for facing the serious challenges that lies ahead.

I do believe that democratic transformation is a gradual process. It requires more than just free elections: It requires just and fair elections, civil liberties, the rule of law, independent judiciary and effective, horizontally accountable institutions, free civic society including the media, and more importantly civilian control over the military and security forces. Bahrain has a long way to go!! What is going in Bahrain today makes a mockery of democratic norms and values.

Ms Chairperson, ladies and gentlemen, Let me finish by saying: Old attitudes in the Gulf States die hard. The ruling families have always been suspicious, and often rather frightened, of that non-reliable, alien and unpredictable form of people participating in managing power and resources.

Thanks for your kind listening.

Bahrain blogger faces prosecution for criticizing minister

Bahrain Center for Human Rights Bahrain 09/02/2007 Ref: 07020900

The Bahrain Centre for Human Rights notes with growing concern the mounting number of attacks on freedom of expression in the country.

Prominent and popular Bahraini 'blogfather' Mahmood Al Yousif was yesterday charged BD 500 (US$1,325) bail as part of proceedings involving a libel suit brought against him by the Minister of Municipalities and Agriculture (for details, click here). The BCHR notes with concern the use of the judicial system as a means to bring pressure against Political,Human Rights activists and individuals exercising their right to peaceful freedom of expression.

In an increasingly repressive atmosphere, Bahrain has already witnessed death threats against a woman who spoke out against Sharia Judicial courts and the Interior Ministry (see Ref:07011401), the jailing of two citizens found distributing leaflets calling for a boycott of national elections (see Ref:07022601), the arrest of BCHR president Abdulhadi Al Khawaja and Haq Movement secretary general Hassan Mushaima for criticizing the government (see Ref:07022501), and violent attacks by Special Security Forces on peaceful demonstrations.

We once again urge the government to live up to the standards set by the United Nations Human Rights Council, to which it was elected last year.

"Peaceful expression is both a fundamental freedom and human right," BCHR vice president Nabeel Rajab said. "We call on elected public figures and the Bahraini government to work to protect and uphold this right. "By entertaining this libel suit, and bringing Mr Al Yousif for interrogation, the government is allowing institutions such as the Public Prosecution and the judiciary to be used to silence critics."