Civil Society and Democratization in the Arab World. Annual Report. 2004
Published July 2005

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Bahrain

Capital : Manama
Date of Independence : 15/8/1971
Area : 620 Km
Population (in millions) : 0.69 (est. 2005)
Rate of Population Increase : 1.51 (est. 2005)
Ethnic Groups : 63% Bahrainis, 19% Asians, 10% other Arabs, 8% Iranians
Religious Groups : Shi’a Muslims 70%, Sunni Muslims 30%
Illiteracy : 11%
No. of Provinces : 12 municipalities
Polity : Traditional monarchy
Head of State : Hamad Bin Issa al-Khalifa
No. of Political Parties : There are no political parties
GDP (in millions)ppp : $13,100 (2004)
GDP per Capitappp : $19,200 (2004)

Overview

Bahrain is an archipelago of 30 islands and a population of about 670,000. It has been ruled by the al-Khalifa family since 1783 after expulsion of the Persians. After more than a hundred years as a British protectorate Bahrain gained its independence in 1971. At present its King, Hamad Bin Issa al-Khalifa, is supreme ruler of both the executive and legislative branches of government, and members of his family control the top military and political posts.

I. Political Rights and Civil Liberties:

1. The Executive, Political Parties and Elections. Political parties are prohibited in Bahrain, as in all other Gulf states. However, different political currents have been permitted to form “political associations,” of which at present there are 16 representing the Left the Liberals and the Islamists, as well as associations of independents, most of which have close connections to the government. These “political societies” are permitted to run candidates in elections. In February 2004, a group of these political societies call on the government to enter with them in a dialogue with the aim of effecting political reform. In an ironic turning in October, Parliament began debate of a bill that would legalize the formation of political parties. The proposed legislationwhich constitutes a major step of political reformis vehemently opposed by the existing political societies who expect that it would load to their demise. Human rights organizations also have been allowed to take part in political activities. Bahrainis may influence their government but have no means for changing it. The King appoints the cabinet as well as the 40-member Consultative Council, the upper house of parliament, which can effectively overrule any decisions made by the Council of Representatives, the elected 40-member lower house. Collectively the two Councils constitute the National Assembly. The legislative and municipal elections held in 2002 were considered free and fair, and opposition political associations were allowed to campaign openly without hindrance; even those that boycotted the elections were allowed to stage large rallies. Three hundred and twenty candidates, including 34 women competed for the 50 municipal seats. The results showed a resounding victory for the Islamists who won 27 seats, of which 23 went to the Shias, and four to the Sunnis. In the parliamentary elections 177 candidates, including eight women, ran for the 40 seats. The results of the parliamentary elections were also a sweeping victory for the Islamists, who won 24 seats. No woman won. Following these two elections the legislative apparatus of the state―The National Assembly―was completed in 2002 with the appointment by the King of the 40 members of the Consultative Council. Deserving special note, is that the appointments to the Council included six women, one of whom was a Christian, 10 businessmen, five officers, and two Jews.

2. The Judiciary, Trials, and Detention. The Judiciary in Bahrain is not independent. Although there is little evidence that the government interferes in the rulings of particular cases, it remains that judges are potentially subservient to the executive since all judges are appointed by the King, in consultation with the Supreme Judicial Council. Nevertheless, defendants receive due process protections and trials are public and fair. Members of the Royal family hold all top security posts. Citizens are also free from arbitrary arrest and detention; and since the government’s abolition in 2001 of the State Security Act the Courts have refused police requests to hold detainees for more than 60 hours. But the government has the right to tap telephone conversations and monitor private correspondence. I 2002 the government created the first National Council for Human rights to be established in any of the Gulf states.

3. Civil Society and the Freedom of Association. Law No. 21 of 1989 regulates the creation and operation of non-governmental organisations and associations. It permits the formation of political, cultural and educational associations, imposing little restrictions on them in practice. Thus numerous advocacy associations were established, including some that focused on human rights. In 2002, 65 new associations were established of which 11 were political and 13 catered to the interests of professional groups. A considerable opening had already begun in 2001 when the Emir of Bahrain called a referendum to change the country into a constitutional monarchy, with himself as King. He promised then political reforms that would ensure greater participation by the people. In line with this new orientation, state security courts were abolished and a general amnesty was given to political prisoners. Since then 300 new civil associations were established, of which 16 were of a political nature. Also, human rights organizations have been permitted to engage in political activities. In 2002, a landmark law permitted the formation of independent labor unions without need for government permission. That law also gave workers the right to strike in defence of their “direct economic interests,” thereby banning politically motivated strikes and ensuring the depoliticization of the unions. The year 2003 witnessed an increased activity on the part of the political associations. Six of them drafted a declaration on 2/3/2003 outlining the required reforms, which included the call for increased political and personal freedoms, a serious effort by the government to combat bureaucratic corruption, and the enhancement of the role of women in the political, economic and cultural domains. In February 2004, a crisis developed when the government closed down four political associations critical of the government on ground that by calling on the government to reform they violated a clause of the Constitution which allows individuals to address the government but prohibits corporate entities from doing so. On 28/9/2004 the government closed down the Bahrain Center for Human Rights following its conference on “Poverty and Economic Rights.”

The right of free association is restricted by the government’s refusal, so far, to allow the formation of political parties. The Political Rights Law passed in July 2002―which banned holding pre-election meetings in government buildings, mosques, and schools―is also alleged to constitute a constraint on freedom of speech and association. In October 2003 the International Parliamentary Union accepted Bahrain as a member.

The Constitution provides for the freedom of assembly, but the government restricts this by requiring permits for public eventssomething that is not routinely granted. The law prohibits unauthorized public gathering of more than five persons, and the government periodically limits and controls political meetings. However, since 2001 political discussions in clubs and at social gatherings have taken place regularly and were not obstructed by the government. Demonstrations that took place during the year were not interfered with, even those that the government did not approve of, so long as they remained peaceful. Several demonstrations, which included more than 2500, were staged to protest Law 56/2002 which granted amnesty to government officials accused of torture. Some 3500 people claimed they were tortured, and were supported in their protest by a petition to the King signed by 33000 citizens asking that the law be rescinded. By year’s end no decision had been taken.

4. Freedom of Speech and the Media. So far freedom of speech is limited but is on the rise. Radio and television are state-owned and mainly broadcast the government’s views and its achievements. But privately owned newspapers and magazines reflect a diverse range of views, and regularly criticize government policies on almost all issues. Outright criticism of the Royal Family is rare, but unflattering coverage has not provoked repression. In November 2002 a new press law prohibited arbitrary closure of any publication; but it contained vaguely worded prohibitions such as “the propagation of immoral behaviour” or “defamation of the state”all of which would open the door to discretionary interpretations by the government.

Law No. 47 of 2002 regulates the press and governs all printed material. Some statutes in that law impose considerable restrictions on journalists, who are often dragged to court accused of having contravened its terms. For example, on 12/6/2003 Mansour Gamri, editor of the daily “Wasat,” was brought to trial for having publishedwhen he shouldn’t havean item of news regarding the release of three men accused of terrorism. Access to the internet is unrestricted.

5. Freedom of Religion. Islam is the state’s official religion and the government controls all religious institutions. All religious groups must be licensed in order to operate, though the government has not been enforcing this condition strictly. The religious affiliation of Bahrain’s population is 70% Shia Muslims, 28% Sunni Muslims and 2% Christians and Jews. While the Constitution guarantees freedom of religion for all, there is a distinct bias by the ruling Sunni elite against the Shi’a despite their majority within the population. Thus Shi’a mosques are much less subsidised by the government than their Sunni counterparts, and few top positions in the government are given to Shi’as. The government has lately, however, taken several steps in recognition of Shi’a rights: In 10/3/2003 it allocated a special TV station for the Shi’a, and major Shi’a feast celebrations were broadcast on the state television channels also. On 25/4/2004 the government blocked the website of Bahrain on line for its critical comments of the regime.

6. Women and the Marginalized. Women enjoy most of the same rights as men except for the legal discrimination imposed by Islamic law with regard to divorce, inheritance and the guardianship of men over their wives. Although the law prohibits discrimination in the workplace on the basis of gender, ethnicity or religion, nevertheless, in practice there is a marked bias against women in the workplace. There are currently a large number of women’s groups which are seeking to redress much of the wrongs that women suffer on account of the prevalent ossified traditional tribal culture. Although no women were elected in either the legislative (in which only six ran) or municipal elections, 52% of the voter turnout at the polls were women. On 25/4/2004 the woman was appointed, for the first time, in the cabinet. Only 37 out of the 532 top echelon posts in the government are occupied by women. There is one woman of ministerial rank, one as ambassador, and 32 out of 281 at the level of director general. On August 22, 2001 the government founded the High Council for Women, headed by the wife of the Emir, in order to advise on women’s affairs. In 2003 the King appointed 6 women to the Consultative Council; and on 10/10/2004, the powers of the Council were widely expanded to include the suggestion of legislative bills in favor of women’s rights.

Although 21 out of the 40 members of the Consultative Council are Shi’a, and one third of the cabinet ministers are Shi’a, yet the Shi’a complain of some political discrimination against them and attempts to marginalize them. They cite as example the gerrymandering made by the government to dilute the voting strength of the Shi’a community. Nearly 200,000 of the 700,000 people living in Bahrain are migrant workers who are sometimes subject to mistreatment without having legal recourse to protection.

II. Prospects for Democratic Change

Although the political opening in Bahrain during the last few years is a welcome step in the right direction, it is nevertheless a small one. For any significant democratic change the entire existing political system needs to undergo radical restructuring. Civil Society has become more dynamic as evidenced by numerous demonstrations demanding reforms and the release of political prisoners. However, one cannot speak of a genuine democracy in Bahrain in the absence of competing political parties, an elected legislature, a fully independent judiciary and a separation between the three branch of government. Such restructuring, however, will prove quite difficult to implement unless the entrenched power of the existing tribal system gives way to a culture that embraces modern institutionsa culture that would look on competing opposition parties as a vehicle for presenting alternative solutions to the country’s problems, rather than the present suspicious view which tends to perceive political opposition as a threat to social unity.