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Bahrain: Carry out a step-change now to build a more rights-respecting, democratic and prosperous future that benefits all Bahrainis equally

Posted on by Salam Media
06
Sep

London / Beirut

06 September 2022

Bahrain: Carry out a step-change now to build a more rights-respecting, democratic and prosperous future that benefits all Bahrainis equally

The Government of Bahrain (GoB) should implement a step-change in its conduct and adherence to international human rights standards in advance of the 7-9 November, 2022, United Nations’ (UN) Universal Periodic Review (UPR).

Addressing the context of this UPR cycle on Bahrain, Jawad Fairooz, Salam for Democracy and Human Rights’ Director said that:

“2022 is a pivotal year and now is the time to build a rights-respecting, democratic and prosperous future for all Bahrainis equally. Human rights are linked to good governance.”

Jawad Fairooz added that:

“Human rights are linked to good governance and  the government needs to open a new chapter. They published its National Human Rights Plan in July 2022; the UPR will take place in November and parliamentary elections are expected to be held in the same month, while in December 2022 the General Assembly is expected to consider it biannual resolution on the moratorium of death penalty.”

The UPR is a cyclical review of a government’s implementation of international human rights obligations carried out and coordinated by other states under the UN umbrella. While not legally binding, recommendations from counterparts and peers carry significant moral weight.

In respect to improvement by the GoB in its adherence to international human rights commitments, SALAM DHR urges its international partners to publicly call on the GoB to:

  • Take immediate steps to ensure a free and fair parliamentary election as a means to future-proofing adherence to international human rights obligations and advancing a culture of human rights in Bahrain;
  • Make the national human rights plan on human rights a reality, by engaging with all stakeholders, and establish transparent and accountable standards in relation to the themes it addresses; and
  • Engage openly and transparently with international human rights bodies, whether intergovernmental, governmental or non-governmental.

Salam for Democracy and Human Rights (SALAM DHR) has issued, both alone and jointly with other organisations, six reports on Bahrain for the UPR. Each report reviews the GoB’s commitments and the recommendations made by states during the last UPR cycle in 2017.

Democracy and Human Rights, Bahrain Forum for Human Rights and Human Rights Sentinel

  1. Political and Civil Rights in Bahrain , solely issued by SALAM DHR;
  2. Torture in Bahrain, with the Bahrain Center Against Torture and with the support of the World Organisation Against Torture (OMCT)
  3. On the right to a nationality and human rights challenges pertaining to statelessness in Bahrain, jointly issued with Rights Realization Centre (RRC), MENA Statelessness Network (Hawiati), the Global Campaign for Equal Nationality Rights(GCENR), and the Institute on Statelessness and Inclusion (ISI), and
  4. Bahrain – Economic, Social and Cultural Rights, with Rights Realization Centre; and the organisation issued a related briefing, entitled
  5. Bahrain – End the use of the death penalty: Summary recommendations to states for the Universal Periodic Review (UPR) of Bahrain

See below for specific recommendations made in each of these reports.

SALAM DHR’s core recommendations are for the GoB to:

  • Immediately  release all prisoners detained for solely exercising their rights of freedom of expression and peaceful assembly;
  • Undertake an open and transparent, genuine consultation on the National Action Plan on Human Rights, in line with international best practice;
  • Immediately repeal legal provisions and end practices forbidding Bahrainis to take part in public life by arbitrarily banning  both peaceful political associations and banning scores of those who present as candidates or who seek to vote;
  • End arbitrary restrictions on creation and management of charitable or civil society organisations (CSOs) and sports clubs  –  non-governmental associations (NGOs) – and ensure that their registration be in line with international best practice
  • End the culture of impunity for officials by ensuring to investigate in an independent and impartial process, all allegations of torture and/or ill treatment and bring to justice in fair prcedures any official accused of having tortured or ill treated, irrespective of when the alleged act took place;
  • Declare an immediate moratorium on executions with a long term view to reviewing the place of the death penalty in Bahraini law and its abolishment;
  • Independently review with a view to the prompt restoration of the citizenship to all those stripped of it following procedures considered internationally as arbitrary or summary and provide compensation, including the restoration of full citizenship;
  • End excessive and arbitrary restrictions on the public expression of faith such as those imposed on the Shi’a community on occasions of religious significance such as ‘Ashoura, including by those imprisoned; and
  • End discriminatory access to state employmentand/or services on a sectarian basis

Further information

In respect to specific recommendations made in the reports cited above, SALAM DHR calls on the GoB to:

On civil and political and civil rights

  • Immediately  release all prisoners detained for solely exercising their rights of freedom of expression and peaceful assembly;
  • Undertake an open and transparent, genuine consultation on the National Action Plan on Human Rights, in line with international best practice;

With respect to parliamentary elections expected in the last quarter of 2022:

  • Immediately repeal legal provisions and end practices forbidding Bahrainis to take part in public life by arbitrarily banning scores of those who present as candidates;
  • Repeal restrictions in contravention to international human standards relating to participation in public life by lifting arbitrary  restrictions on  the right to vote;
  • Repeal arbitrary provisions used to ban peaceful political associations that present candidates for election such as Al-Wefaq Islamic Society, and the National Democratic Action Society (Wa’ad).
  • Repeal arbitrary provisions regarding who can stand for and take leadership roles in political associations;
  • End the practice of changing electoral districts in order to accord specific citizens a more significant role in society, including in relation to access to resources;
  • End arbitrarily imposed restrictions on the right to vote by detainees and ensure that such restrictions be in line with international best practice and international standards;

With respect to the establishment and administration of non-governmental organisations:

  • End arbitrary restrictions on the right to form charitable or civil society organisations (CSOs) and sports clubs  –  non-governmental associations (NGOs) – and ensure that their registration be in line with international best practice
  • End arbitrary restrictions on those who wish to stand for board or other leadership roles in CSOs; and
  • End the multi-step hierarchy of restrictions on the administration of CSOs as represented by unpublicised regulations imposing security checks on such individuals

On  torture:

  • End the culture of impunity for officials by ensuring to investigate in an independent and impartial process, all allegations of torture and/or ill treatment and bring to justice in fair prcedures any official accused of having tortured or ill treated, irrespective of when the alleged act took place;
  • Legislate to require an independent assessment followed where relevant by redress, rehabilitation and compensation in line with international best practice to all those who believe that they faced torture or ill treatment;
  • Extend, without pre-condition, a request to the UN Special Rapporteur on Torture, to undertake, without delay, a review of laws, procedures and practices in Bahrain tha have resulted in scores of allegations of torture;
  • Implement without delay all of the recommendations made by the Committee against Torture made in its 2017 Concluding Observations of Bahrain’s implement of the Convention against Torture;
  • Establish an independent and impartial pathway for the conduct of officials which has no association or hierarchical relationship with the Public Prosecutors Office or Ministry of Interior and is separate from the Ombudsman or Special Investigations Unit to investigate all allegations of torture in Bahrain;
  • Conduct an impartial and independent review of any case in which the defendant, their representative or state bodies recorded allegations of torture, in order to conduct a fair trial in keeping with international fair trial standards;
  • Declare an immediate moratorium on executions in line with the biannual resolution expected at the United Nations General Assembly in December 2022 with a long term view toreviewing the place of the death penalty in Bahraini law and its abolishment;
  • Implement in an objectively and verifiable manner all previous recommendations made by the Committee against Torture and other UN human rights treaty bodies;

On the right to a nationality and deprivation of citizenship:

With respect to citizenship rights:

  • Implement recommendations made by treaty bodies in relation to nationality in order to ensure that all Bahrainis have full and gender-equal nationality rights,including to  confer nationality on their children and spouse; and ending the stripping of citizenship upon the termination of marriage, including  by withdrawing reservations to Article 9 of CEDAW;

With respect to deprivation of citizenship and the stateless in Bahrain:

  • Independently review with a view to the prompt restoration of the citizenship to all those stripped of it following procedures considered internationally as arbitrary or summary and provide compensation, including the restoration of full citizenship;
  • Removal Penal Code provisions that provide for the stripping of citizenship, including Article 353;
  • Removal executive decision-making powers over citizenship through the repeal of Article 10 of the current nationality law which empowers the Minister of the Interior to revoke nationality and ensure that the citizenship stripping procedure is in line with international human rights standards;
  • Review laws and practices relating to citizenship to ensure compatibility with the Institute on Statelessness and Inclusion’s Principles of Deprivation of Nationality in a National Security Context
  • Ensure that all  stateless persons in Bahrain  be able to access education, healthcare and other social services in line with international human rights standards;
  • Commit openly and transparently to not harassing, arbitrarily detaining or subjecting to other human rights violations those on Bahraini soil whom the GoB has stripped of citizenship, nor such treatment of family members;
  • Commit to a cessation of all deporations of those made stateless by government decision;
  • Allow and facilitate the return to Bahrain of all those made stateless by government decision, in line with international human rights standards; and
  • Ratify and fully implement the 1954 and 1961 statelessness conventions.

On economic, social and cultural rights:

With respect to the place of women in society:

  • Withdraw  reservations to Articles 2 and 16 of the Convention the Elimination of Discrimination Against Women, as called for by the Committee on the Elimination of Discrimination against Women;
  • Ensure gender equality in relation to inheritance and nationality laws (see above);
  • Amend the penal code to remove the exemption from criminal prosecution of those accused of rape, sexual assault or immoral acts if the women declares she wishes to marry the offender

With respect to expression of religious belief:

  • End excessive and arbitrary restrictions on the public expression of faith such as those imposed on the Shi’a community on occasions of religious significance such as ‘Ashoura, including by those imprisoned;

With respect to employment practices:

With respect to migrant workers:

  • Ensure that all migrant workers have non-discriminatory access to economic, social and cultural rights, including by protecting them from discrimination in employment and removing the barriers they face with regard to access to adequate housing, education and health care and services; and
  • Ensure that domestic workers and those engaged in the informal economy, are protected by labour laws and regulations with a view to ensuring their right to just and favourable conditions of work, including with regard to remuneration, rest and leisure, limitation of working hours and protection against unfair dismissal.

On the death penalty:

  • Commute all death sentences awaiting approval by King Hamad;
  • Declare an immediate moratorium on executions in line with the biannual resolution expected at the United Nations General Assembly in December 2022
  • Take immediate steps to narrow the application or the death penalty with a view to removing it from Bahrain’s laws, such as by reviewing provisions relating to drug-related offences and the Law on Narcotic and Psychotropics Substances;
  • Conduct a thorough and public review of the place of the death penalty including in relation to the administration of justice in death penalty cases;
  • Publish disaggregated demographic and procedural data on death penalty cases in order to determine whether its impact is discriminatory and whether – in what contexts – it relied on confessions; or whether allegations of tortue were made in the course of the administration of justice
  • Act publicly, in concert with the Office of the High Commissioner for Human Rights (OHCHR) in order to review the Opinion of the UN Working Group on Arbitrary Detention (WGAD) in respect of Mohamed Ramadhan and Husain Moosa; and 12 cases named in the August 2020  joint Open appeal to His Majesty, King Hamad bin Isa Al Khalifa

In July 2022 SALAM DHR set out its own vision for comprehensive human rights reform, entitled General Determinants to a Vision of Human Rights Reform in Bahrain, by way of response to the GoB’s National Human Rights Plan.

//end//

For further information:

Jawad Fairooz, Director, SALAM DHR /  @JawadFairooz / +447449926577

Drewery Dyke, International Partnerships / @drewerydyke / +447800989221

 

  1. In paragraph 15c of its August 2022 Concluding Observations, the Committee on Economic, Social and Cultural Rights called on the GoB to:“Take effective measures to eliminate discrimination on the basis of religious affiliation in the enjoyment of economic, social and cultural rights, including by enhancing its efforts to address the discrimination faced by members of the Shia community in education, employment and in the exercise of their cultural rights”
  2. As described in paragraph19 of the report, a 2006 amendment to Decree Law No.14 of 2002 stripped prisoners of the right to vote and Bahrainis convicted of “political crimes” from standing for parliament.
  3. Article 22 of the International Covenant on Civil and Political Rights (ICCPR), to which Bahrain is a state party, guarantees the right to  peaceful association, including in relation to political and non-governmental associations;  Article 25 of the ICCPR guarantees the right to participation in public life. However, Law No. 25 of 2018 amending Article 3 of Decree Law No. 14 of 2002 regarding the exercise of political rights, provides for the disqualification of candidates based on politically motivated criteria in contravention of international standards, including in respect to the role and outcome of unfair and arbitrary political trials in previous years, used as a criteria to disqualify candidacy, as detailed on pages 2-4 of the report.
  4. As set out in paragraph 18 of the report, on 3 July 2002, the King of Bahrain, by virtue of the powers afforded under the  Constitution, issued Decree Law No. 14 of 2002 (see above). It provides for the determination of electoral districts by way of a political rather than administrative decision, based on transparent criteria.
  5. As described in paragraph19 of the report, a 2006 amendment to Decree Law No.14 of 2002 stripped prisoners of the right to vote and Bahrainis convicted of “political crimes” from standing for parliament.
  6. Notably, repeal Law No. 15 of 2018 amending some provisions of the Law of Societies, Social, and Cultural clubs and Private Bodies working in the Field of Youth and Sports, and Private Institutions issued by Decree-Law No. (21) of 1989.
  7. As set out in paragraph 28 of the report, Decree Law No. 36 of 2018, amending Article 43 of Decree Law No. 21 of 1989 states that a member of a board of directors must not be subject to any restrictions (which are often administrative and arbitrary in character); the Ministry of Labour requires that candidates for boards of directors of CSOs be subject to security checks.
  8. As set out  in paragraph 29 of the report, Ministry of Labour circular (or regulation) No. 731/36/2020, issued on 15 January 2020 states that: “Registered NGOs should submit all the requested documents, needed for the ordinary general assembly [meeting], 15 days in advance of the meeting. These documents should include the names of candidates for the board of directors with their personal numbers with the purpose of subjecting them to security checks, since members of board of directors must enjoy all their civil and political rights” (ie, not be subject to state restriction)
  9. The UN Committee on Economic, Social and Cultural Rights call on the GoB in paragraph 15d their August 2022 Concluding Observations on the relevant treaty, to: “Adopt the measures necessary to prevent and reduce statelessness with a view to guaranteeing the non-discriminatory access of stateless persons to economic, social and cultural rights, and consider ratifying the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness”
  10. In paragraph 17a of its August 2022 Concluding Observations, the Committee on Economic, Social and Cultural Rights called on the GoB to:”Review all laws and regulations with a view to repealing or amending those that are discriminatory or have a discriminatory effect on women, including laws on nationality and inheritance”
  11. In paragraph 15c of its August 2022 Concluding Observations, the Committee on Economic, Social and Cultural Rights called on the GoB to:“Take effective measures to eliminate discrimination on the basis of religious affiliation in the enjoyment of economic, social and cultural rights, including by enhancing its efforts to address the discrimination faced by members of the Shia community in education, employment and in the exercise of their cultural rights”
  12. This is taken directly from paragraph 23a of the August 2022 Concluding Observations of the Committee on Economic, Social and Cultural Rights.
  13. We urge the GoB to ratify the First Optional Protocol to the International Covenant on Civil and Political Rights with a view to abolishing the death penalty.
  14. In respect to demographic data, we urge the GoB to include analysis by sex, age at time of the commission of the alleged offense, nationality;  numberof those  sentenced to death and/or on death row; the number of sentences reversed or commuted on appeal, and the number of cases in which amnesty has been granted