17 Sep, 2006

BCHR and Human rights organizations condemn the on-going deterioration of humanitarian situation in Darfur

Cairo, September 17, 2006

In the Global Day of Solidarity with Darfur:

Human rights organizations condemn the on-going deterioration of humanitarian situation in Darfur and call upon the Sudanese Government to accept the deployment of the UN forces

Statement from 31 Organizations in 10 Arab Countries

The undersigned Human Rights organizations called upon the Sudanese Government to accept the deployment of UN forces in Darfur to monitor the implementation of the Abuja Peace Agreement and protect civilians. The said organizations reiterated that the on-going deterioration of human rights and humanitarian status in Darfur is attributed to the fact that the parties to the conflict, topped by the government, have disregarded a series of agreements that have been concluded since 2004 to reach a cease fire, protect civilians, disarm the government-backed militias "Janjaweed" and safeguard humanitarian protection and relief, until the Abuja Peace Agreement was signed on May 5, 2006. The said organizations called upon the international community and the Arab League to intensively pressurize the Government of Sudan to accept the UN Forces.

The organizations added that during the three months that followed the Peace Agreement, no improvement has taken place at the security level, as some ceasefire breaches by the parties to the conflict have been monitored. Then successive assaults followed, which claimed the lives of civilians at the hands of the Jandjawid militias and the government forces, together with armed opposition parties. The head of the UN mission in Khartoum Yan Brunik pointed out last August that the international organization's estimates show that about 1600 civilians have been killed in exchanged attacks between the parties to the conflict in the province. According to a report issued by the UN Secretary General last June, about 250 thousand persons have been displaced during the first half of this year. It has recently been reported that about 1000 people have been forced out in the aftermath of the government's attacks in northern Darfur which claimed the lives of dozens of civilians. The UN World Food Programme warned against the deteriorating food status of about 6 million people in Darfur, due to shortage of necessary funding. Furthermore, the ongoing violence in the province and the lack of a convenient security environment for the relief teams and the humanitarian organizations hinder the delivery of aids to about 3 million persons in Darfur and on the borders with Chad. Cases of rape and sexual violence are incessantly repeated against displaced women, while the Sudanese police take no procedures to identify the perpetrators.

The government has not respected its obligations to disarm the Janjaweed militias which committed crimes against humanity, as well as war crimes, since the dispute broke out in 2003. The government has not taken any procedures to bring perpetrators of these crimes to justice. Meanwhile, Sudanese Officials are disseminating counter propaganda against the UN presence in the province and against the International Criminal Court which is vested, according to the Security Council resolution no. 1593, with the authority to investigate the crimes committed in the province.

It is worth mentioning that since 2003 more than 2 million people in Darfur have been displaced and live in camps in Sudan or in refugee camps in Chad. Furthermore, hundreds of thousands of civilians have been killed due to armed assaults, rampant diseases and malnutrition. It is also worth mentioning that the Abuja Peace Agreement has been signed on May 5, 2006 between the Sudanese government and Minni Minyawi wing of the Sudanese Liberation Movement. Yet this agreement was countered by other factions, out of their dissatisfaction with the mechanisms of power and wealth sharing set out in the agreement, and due to lack of sufficient guarantees for the implementation of its provisions. The agreement has also overlooked the issues of justice, and compensation for the victims of conflict. The agreement has provided for several principles related to human rights. Nevertheless, such principles have not been practically applied since the signing of the agreement. The African Union has raised the numbers of its troops in Darfur from 300 to more than 7000 persons, and changed the mission of this force from controlling the ceasefire to protecting endangered civilians. Nevertheless, the African Union mission suffers a shortage of capabilities, a lack of technical support as well as obstacles continuously placed before it by the Sudan government, a matter which eventually hinders the effective performance of its role. Moreover, the mandate of the African Union mission will terminate by the end of the current month. The Security Council issued resolution no. 1706 on August 31, 2006, which provides for expanding the scope of the UN troops in Sudan to include Darfur. However, this is conditional upon the consent of the Sudanese government as per the resolution.

In this context, and concurrently with the proceedings taking place today worldwide in solidarity with the people of Darfur, the undersigned organizations reiterate the following recommendations:

1. Calling upon all the parties to the conflict, topped by the Sudanese government to immediately stop any military actions that threat the lives of civilians, and that all parties should bear their responsibility as regards the implementation of the Abuja Peace Agreement, and should respect the ceasefire, to put an end to the state of security disorders in the province.

2. urging the Sudanese government to support the arrangements necessary for transferring the peacekeeping and civilians protection missions to the UN, in execution of the Security Council resolution no. 1706 and calling upon the international community and the Arab governments to exercise pressures on the Sudanese government to approve the resolution, together with the necessity to support the African Union troops in the province until its mission is transferred to the UN.

3. Calling upon the international community to mobilize all resources in order to provide the humanitarian aids necessary for the life of displaced persons and refugees; and to exercise pressures for creating a secure and stable atmosphere for the humanitarian organizations and relief teams to work in the province.

4. Stressing the fact that any agreement necessarily requires the consent of all the parties concerned, and that it may not be imposed on the refusing bodies. In this context, the organizations urge the main mediators in the peace process not to close the dialogue with the armed movements that reject the agreement in its current form. The mediators should also try to reach satisfactory solutions to all parties, together with stressing the necessity of holding the Inter Darfurian Dialogue, proposed by the agreement, with the participation of all parties including the factions that reject the agreement. In this regard, the participation of the Arab and African civil community as observer should be ensured, provided the conference is vested with broader powers to reach resolutions acceptable by all parties.

5. Calling upon the Sudanese government, and other governments concerned, to fully cooperate with the International Criminal Court, and to facilitate the mission of the Attorney General assigned to investigate the atrocities committed in the province, and to hold the perpetrators of war crimes and crimes against humanity accountable before the international court.

6. Calling upon the Sudanese government to promote the judicial system in the Sudan to guarantee its independence and integrity; to put an end to the policy of escaping penalty; and to realize justice and equity to the victims of human rights violations.

7. Pressurizing the Sudanese, government and the provincial governments in Darfur, to combat the forms of violence against women, especially the cases of sexual violence prevalent in Darfur, through the investigation of rape cases, the facilitation of complaint procedures, as well as streamlining the tasks of NGOs concerned with the psychological rehabilitation of victims.

The undersigned organizations:

1. Amel Center for Treatment and Rehabilitation of Victims of Torture (Sudan)

2. Al-Khawei Institute (Iraq).

3. Arab Network for Human Rights Information ( Egypt ).

4. Andalus Institute for Tolerance and Anti Violence Studies ( Egypt )

5. Bahraini Center for Human Rights

6. Bahraini Youth Society for Human Rights

7. Cairo Institute for Human Rights Studies

8. Center for Egyptian Women’s Legal Assistance

9. Center for Human Rights and Democracy Studies – Morocco

10. Civil Society Forum (Yemen).

11. Damascus Center for Human Rights Studies

12. Egyptian Organization for Human Rights.

13. Egyptian Association for Supporting Democratic Development.

14. Egyptian Center for Women's Rights

15. Filastiniyat

16. Human Rights Association for the Assistance of Prisoners ( Egypt ).

17. Khartoum Center for Human rights and Environment Development (Sudan)

18. land center for Human Rights

19. Moroccan Organization for Human Rights.

20. Palestinian Organization for Human Rights (Lebanon).

21. Saudi Center for Human Rights.

22. Sudanese Organization Against Torture " SOAT"

23. Sisters' Arab forum for Human Rights (Yemen).

24. Syrian center for media and freedom of Expression

25. Syrian Human Rights Organization.

26. The Association for Democracy Development

27. The Arab program for Human Rights Activists (Egypt).

28. The Yemeni Organization for the defense of Human Rights and democratic freedoms.

29. The Egyptian Association for Community Participation Enhancement

30. The Association for the Defense of Right and Liberties "ADDL" (Lebanon ).

31. The Committee for the Respect of Freedoms and the Humans Right in Tunisia.

16 Sep, 2006

Only 2 weeks after Banning Seminar Bahraini Authorities Ban Public Seminar with Threats and Security Blockade

Only 2 weeks after Banning Seminar on “Political Neutralization:

Bahraini Authorities Ban Public Seminar with Threats and Security Blockade

Fear of Excessive & Disproportionate Penalties for Activists

Bahrain Centre for Human Rights

Ref: 06091600

In a disturbing development which occurred yesterday evening, the Bahraini Interior Ministry banned a Public Seminar which was to be held by the HAQ Movement (Movement of Liberties & Democracy), under the pretext that it violates the Public Gathering Code. The Venue, in which the Seminar was to be held, was surrounded by special security forces and surveillance helicopters, hours before the event took place. The Local Police Precinct approached the Head of the Venue in which the Seminar was to be held, with orders that the Seminar be cancelled, and that a permit be requested in accordance to the Decree No. 18 of the year 1973 of Public Meetings, Processions and Gatherings (“Bahraini Gatherings Code”) . In a statement to the BCHR HAQ’s official spokesman stated that the movement refuses to submit to the controversial Code and will defy it, and declared that they would not request permission to exercise their natural rights. The movement did not wish to enter into a confrontation with the security forces or compromise peoples safety, therefore it chose to postpone the seminar until next week.

The Seminar was expected to shed light on the campaign carried out last month in the United States and the United Kingdoms by the “HAQ” movement, during which the representatives of the movement submitted a petition to the office of the United Nation Secretary General, signed by 82,000 Bahrainis calling for a new constitution. Significantly, The Bahraini Prime Minister had recently issued public threats against the activists who lead the campaign (BCHR Ref: 06090301) and the BCHR fears that the authorities might take action against members of the Movement in accordance to the highly excessive penalties associated with the gathering Code.

On a related matter, the BCHR has learnt that the authorities had banned another Seminar 2 weeks ago which was to be organized by political societies on the issue of “Political Naturalization”. Similar pretexts were used as justification for the banning. The Venue in which the Seminar was to be held, the “Al-Uruba Club” has previously been closed down by the authorities for hosting the BCHR seminar on “Poverty and Economic Rights”. The Gathering Code has been used to prevent many events since, and the recent amendments made to the former merely increases it restrictiveness and enhance it capability of violating such basic rights as freedom of gathering, freedom of assembly and freedom of Speech long guaranteed by the Universal Declaration of Human Rights.

The Bahraini Gathering Code, has been condemned by local as well as international Human Rights Organizations in that it restricts freedom of speech as well as freedom of gathering in a way as to impose censorship on any entity which opposes the authority, and provides the authorities with an overall authority to ban any gathering or event. In an open letter to the Bahraini King prior to approval of additional restrictive amendments to the Code, Human Rights Watch warned that: “ that the law as presently drafted has the potential to undermine rather than protect the right of peaceful assembly as codified in Article 21 of the International Covenant on Civil and Political Rights (ICCPR).”[1] Furthermore, in a joint letter by Amnesty international and Article 19, the law was criticized on numerous bases, and its penalties were described as “excessive and disproportionate for speech-related conduct”[2].

The BCHR calls once again for an immediate review of the Bahraini Gathering Code, which if kept in its current state will allow the authorities to impose further restrictions and violations on people’s Civil liberties and Human Rights. The Centre also calls for the protection of activists who merely exercise their right to freedom of speech, assembly and gathering.

[1] Human Rights Watch: Letter on the Amendments to Law 18 (1973) on Public Gatherings, 8th June 2006

[2] Joint Letter by Amnesty International and ARTICLE 19 regarding Public Gathering Law, 15th June 2006

15 Sep, 2006

Call for an end to the Harassment of Human Right Activists in the Region, Harassment of Prominent UAE Human Rights Activists

Call for an end to the Harassment of Human Right Activists in the Region Harassment of Prominent UAE Human Rights Activists by Special Security Forces Bahrain Centre for Human Rights Ref: 06080400

A wave of condemnation has spread throughout the Human Rights community following the continuous harassment of Dr. Mohammed Al-Rokan, a prominent Human Rights Activist , Law Professor at the UAE University and member of BCHR board of advisors. Dr. Al-Rokan has been arrested twice in the past three months due to Vocalizing his opinion on certain Human Rights issue in the region and in the UAE. The State Security forces have been accused of harassing Mr. Al-Rokan in an attempt to intimidate him and prevent him from continuing in his activities.

According to a recent Frontline report, the UAE authorities have confiscated the passports of Mr. Al-Rokan and he is not allowed to participate in media interviews or allowed to write articles in the press. The Report states that the two arrests occurred first in July, after an interview by the former to an Arab Television Channel on the Lebanon War, and the second arrest occurred on August 23rd where state security forces arrested him from his office. He was later released without facing any charges.

The BCHR is greatly concerned upon hearing allegations, that the State Security forces attempted to blackmail Mr. Al-Rokan, by threatening to smear his reputation with charges of indecent conduct, an approach that is becoming common with Special Security Forces. Bahrain has witnessed similar cases, the most recent being the case of Mr. Abdel-Raouf Al-Shayeb, president of the Victims of Torture Committee who was sentenced to 1 year in jail after he was tried with charges related to alleged aid of prostitution. He later received political asylum in Britain where he currently resides.

Moreover, the BCHR has learnt that another UAE Human Rights activist, Mr. Mohamed al-Mansoori, a human rights lawyer and President of the Independent Jurists association, has also suffered continuous harassments due to his line of work. A warrant of arrest has been issued in the UAE on Mr. Al-Mansoori, who is currently in London.

The BCHR condemns the harassment of Human Rights Activists in general, and Mr. Al-Rokan and Al-Mansoori in particular, and calls for an intervention of Human Rights Organizations around the world in order to secure their safety and freedom.

15 Sep, 2006

In a heated Session which BCHR Vice-President was Prevented from Attending “The Supreme Criminal Court” adjourns the trial"

In a heated Session which BCHR Vice-President was Prevented from Attending

“The Supreme Criminal Court” adjourns the trial of the Dana detainees until the 26th of September

Detained Activist Plea to Judge to Look into Continuous Mistreatment

Bahrain Centre for Human Rights

Ref: 06091400

The Supreme Criminal Court, with the chairmanship of Judge Mohammed Al Khalifa, adjourned yesterday, the trial sessions of the Dana detainees until September 26th in a session which ended in the families’ shouts and cries and the fainting of two of the detainees, because of their bad health condition and their strike which has reached its 14th day. The defendants who fainted as well as a distressed mother of one of the detainees were moved to hospital, the detainees were later returned to their detention Centre in the Dry Dock.

After the prosecution witnesses testified and were cross examined before the judge and defense, the defendant Moosa AbdAli, an activist with the Unemployment Committee who fainted at the end of the session, stood before the court to demand the judge look into, “their deteriorating health conditions, and the fact that prison guards in the past week, only call for an ambulance after one or two hours detainees faint,” informing the Judge that they, “went on a hunger strike because for the four past trial sessions prosecution witnesses had not attended and court sessions were postponed.” He also pointed out in an intense tone that, “they were exposed to physical torture, and the torture scars are still there, and one of the defendants who is 15 years old got sexually molested, which violates the Child Rights Agreement which Bahrain had joined.”

Abdali also mentioned that, “the defendant is innocent until proven guilty, that is why I request the court’s justice in releasing us on bail, so we can be able to file complaints to the public prosecution about our abuse, and we had already sent three letters to the Interior Minister without getting any reply.”

Significantly, one of the articles of Bahraini Law stipulates that it is possible that “the judge receives complaints from the defendants directly without the need for them to even go to the public prosecution,”. The Judge requested that the lawyers present a written complaint of the former, whether or not any action will prevail is still to be seen.

The defense, (Fatima Al Hawaj and Abdullah Al Shamlawi), posed questions during the session to the prosecution witnesses and they are (an officer with a major rank, and a policeman) about the details of arrest of the defendants.

Al Hawaj asked the two witnesses about using tear gas or rubber bullets, but they denied. One of the witnesses said that the defendants threw stones at them specifically and not randomly.

However, at the same time they were not clearly answering some of the particular questions claiming that they do not remember, as a long time had passed since the Dana incidents happened. One of them said that he found a fire extinguisher with one of the defendants, and when he was asked by the defense about it he said that he “did not keep it.” Furthermore both witnesses confirmed that they did not hear any call by the riot police to the demonstrators to disperse before the attack, a procedure they must conform to before attacking any demonstration.

Al Hawaj called upon one of the defendant’s wife as a denial witness, and the witness said that she was with her husband in Dana Mall for shopping, to “prepare for the awaited baby” and she went to the restroom but when she came out she could not find her husband. She called him several times without getting a respond, “even with a deliberate hang up some times” as she states, until she found out that the riot police had arrested him.

Several people protested in front of the court’s building, carrying slogans that demand the release of the detainees. A concentrated presence of security was noticed in front of the court’s building and inside the session.

Significantly, the Vice-President of the Bahrain Centre for Human rights Nabeel Rajab and one of the activists that was accompanying him, were prevented from attending the trial session.

12 Sep, 2006

Ministry of Social Development Threatens Civil and Human Rights Societies with Legal and Administrative Action

Ministry of Social Development Threatens Civil and Human Rights Societies with Legal and Administrative Action

Societies Law of 1989 Used Yet Again to Intimidate Societies

Bahrain Centre for Human Rights

Ref: 06091100

Sources from the Ministry of Social Development went on record to the Alayam Daily Newspaper, on the 5th of September, 2006 with threats of legal and judicial review of a number of civil Societies, amongst them the Bahrain Youth Society for Human Rights, and the Bahrain Child Society. The Ministry claims both Societies have failed to receive permits which enables them to function. The Bahrain Youth Society for Human Rights’ request for a permit was previously refused by the Ministry, and so was the request made by the Bahrain Child Centre. The Societies law of 1989 prohibits minors under the age of 18 of organizing themselves or establishing a Society.

The Ministry claims that the Youth Society continues to participate and organize events both in Bahrain and outside. It stated that other societies are working without permits, and they will be addresses shortly, but the former had previously received an official warning and have chosen to continue their work. The Societies Law of 1989, the sources clarify, prohibit any society from commencing in any work without an official permit. On the other hand, members of the Youth Society deny receiving any previous warning, and have informed the BCHR that their participation in International Human Rights Conferences and Sessions outside Bahrain as well as their organizing of events internally is a fundamental part of their freedom of association and freedom of speech, protected by the International Declaration of Human Rights.

Significantly the Head of the Youth Society, Mr. Mohammed A-Masqati assisted in the organization of the first regional workshop on human rights in cooperation with the Yemeni Youth Development Centre in The Republic of Yemen, from the 26th to the 31st of August, the workshop was attended by youth from a number of Arab countries. The Society had also recently organized a workshop “Youth and the Challenge of Human Rights” from the 2nd to the 5th of July. The workshop aimed at training over 30 Saudi and Bahraini youth on Human Rights issues and hosted a number of Human Rights activists, amongst them Mr. Al-Khawaja, the President of the Bahrain Centre for Human Rights.

On a related matter, the BCHR has learnt that the Women’s Petition Committee have also received a harsh verbal warning from individuals in the Ministry, threatening to drag the head of the Society Ms. Ghada Jamsheer to court again. Ms. Jamsheer has been in and out of court on matters relating to Womens Rights for the past years.

The BCHR calls for an end to these continuous threats against Civil and Human Rights Societies by the Ministry of Social Development, and yet again requests an immediate review of the Societies Law of 1989, which the BCHR was closed down in accordance to 3 years ago, after the arrest of the Centers President Mr. Abdul-hadi Al-khawaja. The Ministry had claimed that the Centre was working outside its jurisdiction therefore justifying its closure, and continues, up to date, to threaten the Centers members with legal prosecution due to their continued work. The Societies Law has been denounced and criticized by International Human Rights Organization more than once in the past, and the BCHR feels that a failure to put an end to this law might result in the closing down of additional Societies in the future.

4 Sep, 2006

BCHR Urgent Action:Moosa Abdali on Hunger Strike Since Friday Protesting his Detention

Activist Renews Hunger Strike & Requests Meeting with Interior Minister

Moosa Abdali on Hunger Strike Since Friday Protesting his Detention

Reports of Mr. Abdali’s Referral to Hospital Twice Since Strike

Bahrain Centre for Human Rights

REF: 06090401

The BCHR has learnt that, Mr. Moosa Abdali, 26 years, Ekr Village, an active member of the Unemployment Committee, has decided to renew his hunger strike in prison in order to protest his arrest and has requested a meeting with Lt. Gen. Sheikh Rashid bin Abdullah al-Khalifa, the Minister of Interior to discuss his case. The Minister, had assured Mr Abdali, after a meeting with Mr. Abd-Ali, his father, and Nabeel Rajab, vice-president of the Bahrain Center for Human Rights on December 4th, 2006 that he would start an investigation into the allegation made by Mr. Abdali that he was abducted and severely beaten, and bring those responsible to justice. (Refer to BCHR report describing allegations made by Mr. Abdali that a number of plainclothes persons affiliated with or acting on behalf of Bahraini security forces abducted Mr. Abdali on the night of November 27, Ref:04020603). Nothing had come of these promises, and Mr. Abdali had decided to suspend his cooperation with the authorities(BCHR Ref:06010101) before his arrest in connection to what became know as the “Dana Mall” case which he is currently facing charges participation in an unauthorized gathering (Ref:06081701).

The Defendants in the Dana Mall case have repetitively protested against prison condition and treatment, and have previously gone on a hunger strike which ended after security officials promised them better conditions and possibly, a speedy trial (Ref: 06082201). According to Mr. Abdali, these promises have not been kept, therefore since last Friday, he has renewed his hunger strike. Reports have been received that Mr. Abdali has been moved to the Bahrain Defense Force hospital (BDF) twice since the strike.

The BCHR requests an urgent intervention on behalf of the activist Moosa Abdali, and once again protests against the authorities targeting of active members of Civil and Human Rights Societies in a systematic manner in order to silence them. The BCHR will be following the Dana trial, the next hearing to be held on the 14th of September, 2006, and will relate details of the trial as it proceeds into its 6th month without witnessing any substantial development, and with no indication of any end in sight.

Kindly refer to BCHR Website for relevant documents and reports at: www.bahrainrights.org

4 Sep, 2006

Political Naturalization in Bahrain: Various Violations of Citizens and Foreign Workers Rights

Political Naturalization in Bahrain:

Various Violations of Citizens and Foreign Workers Rights

Causes of Worry, Categorizing the Naturalized and General Recommendations September, 2006

REF: 06090302

The Bahrain Centre for Human Rights (BCHR) is concerned in regards to the progression of the political naturalization. Members of the Representative Council revealed that the authorities might have granted extraordinary citizenships to almost 10 thousand residents, both Asians and Arabs. This number is added to approximately 30 thousand who might have been extraordinarily granted citizenship during the last 10 years[1]. It is also believed that there are political motives behind the extraordinary naturalization campaigns and especially that they are not carried out openly and are based on racial and sectarian basis, and their timing might be related to the elections which will take place in Bahrain in a few months time.

The BCHR's causes of worry are listed in the following matters:

Discrimination and inequality: Naturalization is carried out selectively based on tribal or sectarian origin and not based on the equal right of foreigners in getting the citizenship. [2] Article (6) of the Bahraini citizenship law of 1963 permits granting citizenship with conditions; among them is that the applicant must have residing in Bahrain for 15 years if the applicant is an Arab and 25 years for non-Arabs. However, the basic drawback is in the way the law is enforced: the law does not impose on the authorities to grant the citizenship automatically to those that the law is applicable to, which gives a free scope to discrimination and favouritism in granting the citizenship based on unwritten laws and according to the authority?s tendency and mood, a major problem considering the lack of transparency and accountability.

Abuse of power that is granted exceptionally: A large percent of those that have been granted the citizenship have not fulfilled the regular legal requisites, especially the period of residence, therefore they are granted the citizenship by using an extraordinary authority which the law grants to the king in granting citizenship.

Manipulating the law and the procedures: While many applications that fulfil the requirements were frozen for many years claiming that the requester was not able to prove cancelling his/her original citizenship, in the political naturalization that procedure is either overstepped or by-passed. In addition, the laws of the countries of origin are violated since they do not permit dual?citizenship like India and Saudi Arabia. Whilst the governments of some of those countries overlook the fact that their citizens have obtained the Bahraini citizenship, the naturalized Syrians for example tackle paying fines to their country?s authorities for not carrying out the military service.

Falsifying information: In order to issue a citizenship and identity documents for the naturalized who do not originally live in Bahrain, for example like the Saudi Arabians, or to register those naturalized in certain areas for electoral purposes, the authority?s employees enter fake addresses by confirming addresses in uninhabited areas such as Hawar Islands or by using addresses of houses that are inhabited by other people.

Deprivation of citizenship: Although the citizenship is granted extraordinarily to ones who have not fulfilled the criteria of residence and who already hold citizenships of their original countries, hundreds of people who are entitled to it are deprived from it either due to their ethnic origin or their sectarian background even though they do not have any other citizenship[3]. There still are hundreds of families who suffer from psychological, economic and social effects resulting from deprivation of citizenship, though all the required criteria for citizenship were met. The majority of these families are from Persian origins from both the Sunni and Shi'a sect. Article 15 from the Universal Declaration of Human Rights stipulates that "everyone has the right to a nationality". Moreover, children who come from a Bahraini mother are deprived from the Bahraini citizenship because of their father's different nationality, although Bahrain is a member in The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) which states in article 9 that "state parties shall grant women equal rights with men with respect to the nationality of their children." The case of Al-Satrawi's family emerges as an outrageous example of depriving Bahraini families of their right to citizenship and dispersing them as refugees in different countries[4].

Violating economic and social rights of citizens and foreign workers: Bahrain suffers from an escalating unemployment rate, low wages and a housing shortage. A large percent of citizens and foreigners suffer from this dilemma[5]. The government, instead of making economic reforms that include organizing foreign workers? import and improving the status of wages and work circumstances for citizens and foreigners in general, the authority, and for political purposes, turns towards settling foreigners in large numbers which adds to the deterioration of living standards and residential conditions as well as increasing social problems. Naturalizing foreign workers does not necessarily mean guaranteeing their rights and improving their living standards, it rather robs them from some privileges such as residential and emigration allowances. The Bahraini authorities refrain from joining the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and justifies this by claiming that settling foreigners jeopardizes the demographic makeup in Bahrain, however we find that the government is currently granting citizenship extraordinarily to a large number of them, based on political purposes and benefits that will be reaped.

Violating political rights: manipulating elections to reinforce supremacy and tyranny: The timing of the naturalization's process, its degree and the way the beneficiary are chosen, affects the elections directly, which prejudices the rights of the people and raises racial and sectarian discord and that is to the advantage of the authority?s dominance over the state?s institutions. The wide-ranging naturalization process that the authority is performing is associated with changing the law that is related to political rights, so as to granting the naturalized the right to nominate and elect instantly instead of waiting 10 years.

Using the foreigners as mercenaries and granting them privileges[6]: The government recruits workers from other countries of a certain ethnic and sectarian background to work in security and military apparatuses. The government favours them over regular citizens in work privileges and services, and uses them in suppression apparatuses, like the Special Security Force, which is widely accused of using excessive force against citizens in peaceful gatherings. It also provides them with closed residence compounds and extraordinarily grants them citizenships in large numbers.

Arising racial and sectarian tension and hatred towards foreigners (xenophobia): Due to racial and sectarian discrimination in granting the Bahraini citizenship, and the political and economic prejudice resulting from the authority's aforementioned policies, the way is paved for racial and sectarian tension on both the political and social level, which causes inflexibility and hatred towards foreigners in general, which does not exclude those who obtained the citizenship in a normal way.

Lack of transparency: Even though the authority denies the existence of selective naturalization for political aims, it refuses to reveal the number of people that have been naturalized, their identities and the countries they came from.

Lack of monitoring and accountability: The government prevented the Council of Representatives from investigating the naturalization policies and practices, and that was done through a decree it had issued which prevents the Council from questioning the government on matters preceding its formation. The representatives and political societies as well as institutions of the civil society are tentative and hesitant in discussing the political naturalization in a serious and sincere way as it might wrong the countries king?s actions, which exposes them to the authority?s resentment and perhaps severe legal pursuing.

Categorizing the naturalized:

In order to evaluate the naturalization case correctly, and in order to pose recommendations and suitable solutions, the naturalized have been categorized into 6 main types:

The first type: those who deserve the citizenship according to international human rights standards: They are the residents, who do not hold any other country's citizenship, and they meet the regular criteria like the period of residence or are born in Bahrain from a father that does not hold the citizenship. They are those that the International Law for Human Rights defends, as it is stated in the Universal Declaration for Human Rights as well as the international conventions that are related to it, that everyone has the right to a nationality. Considering that granting them the citizenship is in accordance with the Bahraini law, their right to a nationality should be secured from both the legal and humane aspects. The Bahraini law should be changed to be proportional with the international commitments in regards to granting citizenship to Bahraini mother's children.

The second type: those who deserve the citizenship by meeting the criteria of the national local law: They are those who hold the citizenship of another country and who came normally to the country to work, and who meet the basic regular criteria such as the period of residence. They, according to the country's law, have the right to request the citizenship. Even though they posses their original country's nationality, their obtained rights, that result from residing for a long period in a new country, qualifies them in getting a legal status and privileges that the natives of the country benefit from.

They have the right get a citizenship automatically as long as they meet the legal criteria. Abstaining from giving them the citizenship should be justified, according to clear standards that are not based on discrimination and the estimations of the authority's employees. In case there is a public policy in limiting the grant of citizenship for public benefit purposes, then that should be done by law and it should include standards and clear procedures that are not based on discrimination, along with asserting transparency.

The third type: residents who do not meet the regular criteria and are granted extraordinary citizenships: They are those who hold another country's citizenship and who came normally to the country to work, but they do not meet the regular basic criteria like the period of residence. The numbers of this type cases were limited in the past until it was disclosed that the authorities were granting them citizenships in large numbers which were estimated in this past August as 10 thousand. The sources say that this might be only the first group. The citizenship is not granted by equality basis, but by lists determined by the authority which perhaps are based on unpublicized specifications like the type of religious sect. Because their naturalization was based on ethnic and sectarian discrimination, and a clear abuse of the exceptional authority therefore, based on the principle: what is based on wrong is wrong; it is essential that their right to citizenship, and everything that resulted from it, gets reconsidered with securing their civil and humane rights as residents in the country.

The fourth type: those that were recruited by the governments from other countries based on the sectarian security policy, however they meet the legal criteria: The individuals of this type also hold the citizenship of their country of origin. Even though this type meets the regular criteria such as period of residence, they were brought into the country based on the sectarian recruiting policy in the security and military apparatuses according to certain racial and sectarian specifications. Their import and employment could be considered as a violation to the constitution which stipulates employing citizens in security and military departments, and they were used for implementing violations against human rights like torture and excessive use of force.

The fifth type: those that were brought into the country among the sectarian security policy, but without meeting the legal criteria: They are the same as the fourth type in regards to holding the citizenship of another country and coming to Bahrain among the sectarian employment policy in the security and military departments, but they do not meet the basic regular criteria such as period of residence. They definitely are not qualified for the Bahraini citizenship, hence, the permanent need for them should be reconsidered, and recruitment in security and military apparatuses should first be open to citizens far from racial and sectarian discrimination.

The sixth type: citizens of neighbouring countries who do not reside in Bahrain: They are citizens of neighbouring countries and share the same tribal origins as the ruling family and its allies. However they have never resided in Bahrain and their countries do not permit dual-citizenship. Moreover, their countries do not deal or implement the same way in granting citizenship to Bahrainis. They lack the residence criteria, and they do not belong to the country in respect to rights or civil, political and economic duties, as well as not having any relation to the society. There is no legal, social or humane reason to grant them the Bahraini citizenship and the rights that result from it.

Recommendations:

The Bahrain Centre for Human Rights (BCHR) calls upon the concerned authorities and panels of human rights to intervene and prompt the following:

  • Disclosure and transparency: That the authority announces all information regarding naturalization, especially the number of naturalized individuals and their identities.
  • Permit publicized discussion, debate and finding solutions for this issue.
  • Carrying out administrative reforms in the departments that are related to granting the Bahraini citizenship and hold those in charge accountable of any violations.
  • Amending the naturalization law in a way that determines clearly the extraordinary naturalization criteria, and limits that authority so as to prevent its abuse, and achieves transparency by officially declaring the situations of granting the citizenship.
  • Putting solutions and reconsidering, within a humane enclosure, those that were granted the citizenship extraordinarily without meeting the normal criteria.
  • Implementing laws and procedures to stop any discrimination in granting citizenship and any favouritism towards the new naturalized in employment, accommodation or privileges.
  • Giving the priority to the citizens, without discriminating among them, in getting jobs or promotions in the army and security departments.
  • Giving priority in granting the extraordinary citizenship to those that are deprived of it, to the women who have Bahraini children and to the Bahraini women's children.
  • Hastening the procedures of granting the citizenship to those that are entitled to it, and issuing passports to Bahrainis that are deprived from it such as members of Al Haj Saleh Al Satrawi extended family that are until now prevented from returning to Bahrain.

Notes:

[1] Refer to the attached report: "BCHR: Manipulation of Process and Results of the Coming Elections in Bahrain", August 1st, 2006

[2] Refer to the attached report: "Discrimination In Granting Citizenship In Bahrain", March 2004

[3] The 'Deprived of Citizenship Committee' keeps documented files of hundreds of people who are deprived form the citizenship despite their entitlement to it and their existence in Bahrain for decades.

[4] Refer to the attached: "The case of Al-Haj Saleh Al-Satrawi's family as an example of violating the law and the discrimination in granting the citizenship", January 22nd, 2004.

[5]For more statistics and details refer to the report: "Poverty and Economic Rights in Bahrain: Increasing crisis threaten the political and social stability", September 2004. Half of Bahraini Citizens are Suffering from Poverty and Poor Living Conditions

[6] The United Nations appointed a Special Rapportuer to study the use of mercenaries as a means of violating human rights, and which governments may use in facing threats by opposition groups. The International Organization has faced complications, amongst them when mercenaries are granted the citizenship with the purpose of not distinguishing him/her from the citizen.

3 Sep, 2006

BCHR: Freedom of Opinion under Attack in Bahrain

The Prime Minister Publicly Threatens Activists and Members of Parliament

September 3rd, 2006

REF: 06090301

The Bahrain Center for Human Rights is gravely concerned by the threats made by the Bahraini Prime Minister against activists and members of parliament in relation to two main developments:

The disclosing of information by members of the Council of Representatives claiming that the authority is engaged in a campaign to extraordinarily grant the Bahraini nationality to 10 thousand non-Bahrainis in a step to further enforce demographic change and manipulate the coming municipal and parliamentary elections[1], and a campaign carried out last month in the United States and the United Kingdoms by the “HAQ” movement, during which the representatives of the movement submitted a petition to the office of the United Nation Secretary General, signed by 82,000 Bahrainis calling for a new constitution[2].

The prime minister, warned against “raising controversial issues which may drive wedges in the community and serve narrow personal interests”. "Democracy, openness and freedom of opinion should not be used as a pretext to violate the law, sow sectarian sedition, or falsify truths in international arenas, claiming internal liberties are curbed," .."Bahrain's opinion platforms are open in total tolerance to accommodate all stances and trends as long as they serve the national interests rather than personal designs," the Premier said. He also expressed his support for the parliamentary experience, which, he said, crowns the national project led by His Majesty King Hamad. However, he warned against misusing the parliament to raise controversial issues which could only smear the legislative lustre.[3]

Shaikh Khalifa bin Salman Al Khalifa, a powerful member of the ruling family, has been serving as Prime Minister even before the independence of Bahrain in 1971. He played a major role in dissolving the elected National Council and the semi-democratic life that took place during 1973-75. The government he was leading imposed absolute rule by assuming exclusivity of the judicial, executive and legislative powers, which led to vast human rights violations resulting in unrest and loss of lives specially in mid nineties.

During the period from 2001-2003 a reform project was declared by the new King during which Bahrain had witnessed a new era of freedoms and a decrease of human rights violations. However, in the past two years there has been a severe decline in respects to freedoms and human rights legislations and practices. The Prime Minister, holding office for a record 36 years, who is the uncle of the king, has played a major role in reinforcing old laws and manipulating the half-elected parliament to issue new restrictive laws. [4]

[1] Refer to BCHRs recent report on the issue: “The Political Naturalization in Bahrain: Various Violations of Citizens and Foreign Workers Rights- August 2006

[2] On the issue: IGA Hosts the Organizers of the Grassroots Constitutional Petition in Bahrain

[3] Gulf Daily News, Sep 3. 2006

[4] Refer to: Freedom House: Countries at the Crossroads 2006 - Bahrain report and other international reports

29 Aug, 2006

BCHR and Arab NGOs:It is time to freeze Israel's membership in the UN

Statement It is time to freeze Israel's membership in the UN

The undersigned Arab human rights organizations and centers salute the UN human rights council for its impartial analysis of the war crisis in Lebanon and its release of a statement condemning the Israeli crimes of war. We consider that this position is an important step to establish a new objective attitude towards events in the Middle East, which monitors the accumulating Israeli violations and aggressions as one ongoing continuum and differentiates in its decisions between a party which has been the aggressor for several decades and until now (Israel) and a reaction that aims for self defense against this aggression and exercises a resistance that is, beyond doubt, a legitimate right. In this context and along the lines of the council's statement, the undersigned Arab organizations and centers consider that any attempt to isolate the repeated Israeli aggressions into separate actions, taking them out of their holistic historical context, is but an attempt to ameliorate the effect of those aggressions on the international community and western peoples and is therefore an attempt that is neither just nor acceptable. The war launched by Israel against the state of Lebanon is but a new addition to its long heritage of violation of international law, supported by an international silence and/or obvious complicity that constitute a betrayal to all human rights principles. The Israeli aggression continues since 12/7 and until this very moment despite resolution 1071 of a seize fire, the last of a series of resolutions that are constantly ignored by the Israeli government creating a scene of extraordinary contradictions, which even the most cynical would fall short of describing: Israel captures tens of thousands of Palestinians and Lebanese amidst total international silence; however when the Lebanese resistance captures two Israeli soldiers, the US and some Western governments consider it a state of emergency!! The Lebanese resistance captures two Israeli soldiers to exchange them with its POW; Israel responds with an immediate bombing of Lebanese civilians, bridges and infrastructure!! For the second time Israel bombs Qana, deliberately killing children, women, the elderly and disabled; and the governments of the "civilized world" consider that it is the existence of the Lebanese resistance and its defense of its land and self which is an act of terror!! The wounded and displaced are helped out of the affected Lebanese villages, so Israel bombs a Red Cross convoy several times as well as the UN check point and kills 4 of its staff, while the US works towards postponing a seize fire for several weeks!! The US insists that "democratization" of Palestine and the Middle East is the only solution and when the Palestinian people chose Hamas through democratic and transparent elections, Israel kidnaps its members and ministers, while the world continues to accuse the Palestinian resistance of being terrorist!! Israel continues to be supported with money and weapon while it continues to violate all UN security council resolutions, while the 7th provision of forcefully imposing the UN resolutions is applied to Iraq and Libya!! Since its establishment Israel has continued to commit massacres and mass aggressions starting from the Deir Yassin massacre in 1948, followed by Sabra and Shatila, Jenin, Qana, Gaza, Ain El Helwa etc., a phenomenon which deserves some contemplation: A state which continues to breach international law as a solid base of its daily behaviors cannot be accepted as a member of the UN and should be on top of the list of international terrorist organizations. Since Western governments of the "civilized" world cannot see beyond their political and economic interests and fear the wrath of the American administration, we appeal to all human rights organizations to join us in our call for a total isolation of the state of Israel until it submits to UN resolutions and stops blackmailing the international community for impunity and lack of accountability. We especially appeal to our colleagues in human rights organizations in those European countries which refused to endorse the UN council's resolution, to remind their governments and peoples of their historical struggles against their occupants and for their own independence. The undersigned organizations (in alphabetical order) "Ahalina" Center for Family Support and Development (Egypt) Amal center for the treatment and rehabilitation of victims of torture (Sudan) Aman network of centers of rehabilitation of victims of torture Arab Commission for Human Rights (Paris) Arab European Coalition for Rights and Liberties (Paris) Arab Network for Human Rights Information (Egypt) Arab program for human rights defenders (Egypt) Association for Environmental Health and Development (Egypt) Bahrain center for human rights (Bahrain) Center for Appropriate Communication Techniques in Development (Egypt) Center for Egyptian women's issues (Egypt) Center for the Rights of Egyptian Child (Egypt) Center for Trade Union workers services (Egypt) Committee for the Defense of Liberties, Tagammu party (Egypt) Committee for women's declaration (Bahrain) Community Development Institution (Bashayer) (Egypt) Coordinating committee of popular committees (Bahrain) Cultural renaissance association (Bahrain) Damascus Center for Theoretical Studies and Civil Rights (Sweden) Daughter of the Nile association (Egypt) Daughters of Fatma Mansour (Algeria) Egyptian Association against Torture (Egypt) Egyptian association for the promotion of community participation (Egypt) Egyptian Center for women's rights (Egypt) Egyptian Committee against Torture (Egypt) Egyptian Institution for family development (Egypt) El Khiam center for victims of torture (Lebanon) El Nadim Center (Egypt) Follow up Committee of Lebanese POW in Israeli prisons (Lebanon) Gaza Community Mental Health Program (Palestine) Habi center for environmental rights (Egypt) Health for All (Sudan) Heya institution for family development (Egypt) Hisham Mubarak Law Center (Egypt) Housing Rights Center (Egypt) Human right legal aid association (Egypt) Human Rights Center for Assistance of Prisoners (Egypt) Human rights first (Saudi Arabia) Human Rights Monitor (Marsad) (Sudan) Institution for Freedom of Thought and Expression (Egypt) International Office of Humanitarian and Charity Associations (Geneva) Journalists for human rights (Sudan) Karama Association for The Defense Of Human Rights (Geneva) Khartoum center for human rights and environmental development (Sudan) Land Center for human rights (Egypt) Medical association for rehabilitation of victims of torture (Morocco) New Woman Research Institution (Egypt) Research and information center for human rights (Egypt) Torture Rehabilitation Center – West Bank (Palestine) Truth and reconciliation committee (Algeria) Union of Arab Lawyers Youth center for human rights (Bahrain)

23 Aug, 2006

Detainees Held Incommunicado for 5 days Following unfair Trial & Complain of Police Brutality and Mistreatment

Family Members Protest against Brutal Beating of the “Dana Mall Detainees”

Bahrain Center for Human Rights

REF: 06082201

The Bahrain Centre for Human Rights (BCHR) is highly concerned upon receiving information from the “Dana Mall” (BCHR REF: 06081701) defendants families, that since Tuesday the 15th of August, the detainees had been held incommunicado. All contacts with the detainees were cut and visits were not permitted until this past Sunday morning. The BCHR was informed that the defendants were moved to a different location by the police and later moved back to the Dry-Dock Jail where they were originally detained. Family members claim that the defendants had been on hunger strike since the Court session last Tuesday and their health had deteriorated leading to more than three being moved to hospital over the past week.

Relatives confirmed that some of the defendants, namely Mr. Moosa Abdali, aged 25, Activist of the Unemployment Committee, Hassan Al-Afoo, aged 20, and Hassan Hamada, aged 16, were moved to the hospital. One family member told the BCHR that when he visited his son last Monday, he noticed signs of beating on his sons body. Others have made the same claims and told the BCHR that the beating came after the detainees staged a protest against another postponement of one month by the Court Judge last Tuesday. The authorities, the families allege, have been stalling and extending the trial while refusing to release the defendants on bail.

The Detainees have since broken the strike after negotiating with the authorities for better treatment. The BCHR received a letter from the detainees which conveyed the specifics of the incident(kindly find a translated copy attached). The Detainees complain of harsh treatment, brutal beating and sexual harassment of a minor detainee, and if these allegations prove to be true, the BCHR fears for the safety of the detainees as their detention continues to be extended, and the same Police Officers continue to supervise and enforce a questionable method of prison regulations long scrutinized for its failure to protect the rights of the prisoners.

The BCHR calls for an investigation into claims of beating and mistreatment of the detainees. The investigation has to be done and supervised by an independent entity, which must secure the safety of the prisoners should they choose to convey any information relating to any mistreatment. The BCHR also calls for the immediate release of those detainees with no viable evidence that justifies their detention, specifically the minors and the activists held on this case.

A translation of a letter from the detainees of the Dana incidents regarding the assaults they were exposed to by the riot police inside ((Dry-Dock)) prison.

The latest events: On August the 15th, 2006 we were presented to a mock trial as usual, the session was adjourned with the excuse that witnesses, members of the Security Special Force who claim to have been assaulted, did not attend. Hence, we announced our resentment towards what is happening to us of injustice and oppression. Based on that, we decided not to cooperate by not attending any more trial sessions and going on a hunger strike. When we went back to prison we performed our prayers, read the Koran and supplication and were surprised by the presence of the riot police. We were attacked and hit brutally and violently, our hands were tied up behind our backs and we were taken outside to the station’s square. We were laid down with our faces to the ground under the heat of the sun for more than two hours. We were hit with sticks and kicked with shoes until our bodies started bleeding, and some of us had their arms and legs injured, or broken and fainted. What is more important besides all that, is that one of the prisoners who is 16 year old was laid down on his stomach and one of the riot police officers came to him and told him, “If you go on a hunger strike again and you cooperate with the rest of the prisoners I will disgrace your honor and dignity and I will do so and so.” He molested him, as he took pleasure in touching his private parts and he tried to pull down his clothes until he started screaming and crying for help. The officer left him after he started crying in front of the other detainees, the policemen, the police in charge of the station, the officers and the officer who ordered bringing the riot police. After that we were taken to the cells with our hands tied up, the officers came to us and started showering us with offensive words and indecent insults. All our personal possessions and even the blankets we sleep on were confiscated. Some of us were separated; they took five of us to Al-Hid prison, and the rest stayed in Dry-Dock prison. All of us were prevented from going on the same day to hospital for treatment, as well as preventing us from calling our families or getting visits and talking to the police so that news of the assaults and humiliation does not reach outside. Both the detainees in Al-Hid prison and in Dry-Dock prison held on to the hunger strike, and after two days of the strike we demanded being gathered in the previous prison (Dry-Dock) and facilitating our matters. It was agreed upon that, on the condition of ending the strike. We agreed on that and we were gathered in Dry-Dock prison. We were surprised by the harassments of the officers and policemen in the prison. As well as being prevented from everything, even going to the restroom or going out to perform the ritual of ablution and prayers was done under harassments. When one of us was taking a shower we were prevented from going out even if it were for a necessity. Also, when anyone asks to go to hospital, he is only allowed to do that after hours of being fainted. Therefore, we went on strike again and our condition continued like this for five days. After that, a compromise was made and in accordance with it we were to end our strike, our circumstances in prison was to be facilitated and the situation was to be returned as it was before the last court session …. However, our demand to be released and end the trial sessions was not fulfilled.

In consequence of this, we demand that we get released right away because we have not committed any felony and we are political detainees and are not criminals or ravagers as the government claims. Therefore, we will continue our non-violent and repetitive pressures until we are released. We will not retreat and we will not accept to be disgraced, we are determined to continue in all which we are able to do…

((The relief is coming hopefully))

The Dana incident’s detainees