Bahrain Report

 Report 57                                                                                                           Report – dated 6 December 2012

BAHRAIN AND THE FOUR FREEDOMS

The Kingdom of Bahrain is a nation cherished by many for its multicultural heritage and abundance of warm, hospitable people. The general perception is that the concept of democracy is a quintessential aspiration in a Middle East where democracy is the exception rather than the rule. However in the few instances in which democracy is given its head (e.g. the experiments in Algeria and Palestine) the results often seem unpalatable and are then undermined by an intolerant West. We would be the last to insist on the concept that Bahrain becomes truly democratic. Nevertheless, if we are to preserve the Bahrain we know and have come to love, changes must be made to accommodate the aspirations of its people. Therefore this report will focus on those reforms that would transform Bahrain, making it more sustainable as a Kingdom and reduce levels of social turmoil which Bahrain has been subjected to for years. 

While King Hamad Al Khalifa deserves credit for his decision to establish the Bahrain Independent Commission of Inquiry (BICI), and for his prompt endorsement of its recommendations, it should be noted that some of the recommendations have not been fully implemented. It is also important to note that while the BICI report was a comprehensive investigation, it only covers a small period within a situation that continues week on week.

We believe that the full and speedy implementation of the recommendations published in the BICI report would go a long way towards easing the tension in Bahrain and restoring the trust desperately needed to push forward the processes of reconciliation and reform.

The NCF also believes that it would also be helpful to look at the situation in Bahrain under the heading of 'human security'. 

The notion of ‘human security’ rather than ‘national security’ is one that is too often ignored. President Roosevelt’s four freedoms: Freedom of Religion, Freedom of Expression, Freedom from Want, and Freedom from Fear, serve as the basis of this concept of human security, and it is these four freedoms that this report focuses on in regard to Bahrain.   

Our understandings of these freedoms, in relation to Bahrain, are as follow:

• Freedom of Speech and Expression: This goes beyond the freedom to talk and express oneself. It includes any act of seeking, receiving and conveying information, regardless of the medium used, which obviously includes the freedom of the press.

• Freedom of Religion: The freedom of every person to worship in his own way in equality with other religions and without persecution.

• Freedom from Want: Freedom from hunger and economic desperation, as individual freedom cannot truly exist without economic security. 

• Freedom from Fear: Freedom to be able to live in an environment where you neither expect arrest without trial, nor to be the object of violent protest, nor of violent suppression of protest. An environment where you are free from the fear of persecution for your beliefs or views. 
  

Between 2008 and 2010, Bahrain improved its ranking in the Economist Intelligence Unit’s Democracy Index by eight places.  However, by 2011 it had slipped 22, ranking at 144 out of the 167 countries in the Index. 

 

With general elections scheduled to be held in 2014, the government of the Kingdom of Bahrain should redouble efforts to reverse this decline through ongoing reforms in an attempt to make those elections a time for celebration rather than conflict. 

The Next Century Foundation recommends that the 2014 elections be a target date for the government of Bahrain to address its internal issues. The expedient implementation of the findings of the BICI report would go a long way to ensuring this happens.

FREEDOM OF RELIGION

Article 22 of the Bahrain Constitution and legislative framework provides for the freedom of an individual to profess one’s faith. However, in practice limits have been placed on this freedom. Of a total population of 1,234,571, there are 866,888 Muslims and the rest are a mix of Christians, Hindus, Jews and Bahais.[1] These groups live and worship side-by-side, practising their religion without interference from the government or other religious groups.  However, the Shi’a community claim to be victims of systematic discrimination on religious grounds.

Bahrain does not publish statistics on the sectarian breakdown of its citizens and Shi’ite population estimates vary greatly. Tensions between these two groups (Shi’a and Sunni) have resulted in socio-economic problems and limits being placed on the extent to which the Shi’a may participate in government.[2] These tensions came to the fore and, combined with other political, social and economic factors that cut across ethnic and sectarian lines, contributed to the uprisings on 14^th February 2011.

The NCF proposes four initiatives to begin to tackle the continuing tensions:

1.     Avoid defining the conflict along sectarian lines.  

Most of those who participated in the uprisings over the past year have been from the Shi’a community. This has led many to the view that the conflict is sectarian. However, the conflict is not and has not been wholly sectarian.  The protests cut across both religious and class divides; many problems exist outside the Shi’a-Sunni framework. 

Government officials and Bahrain state television have repeatedly blamed Iran for inciting the popular unrest (Iran’s agenda being to strengthen Shi’a influence) but this is seen by the opposition as side-stepping and belittling the real issues. They view it is an indication that the government does not take their problems seriously.   Although Bahrain may legitimately feel threatened by Iran and its aspirations to establish ascendency in the region, it is dangerous for the Bahrain government, through state television, to point the finger elsewhere rather than address the issues within its own borders and amongst its own people. [3]

The government has made attempts to refrain from using the sectarian nationalist narrative that is frequently employed by opposition groups. However, instances have occurred. It is crucial that all media outlets, particularly those owned or controlled by the state, should abide by a strict code of conduct that would safeguard against involvement in spreading hatred or inciting violence. The Bahrain Journalists Association has adopted a new Code of Ethics as of 20 Jan 2012. It is important that this code is adhered to as it will encourage the promotion of the values of justice, equality, tolerance and peaceful coexistence. Moreover, it is the duty of the Government in any society to ensure the impartiality of state controlled media outlets and their accessibility to the opposition and to all sectors of the community. The Information Affairs Authority has received advice on how to achieve structural reform to enhance neutrality, pluralism, credibility, rule of law and national cohesion. It should act on that advice.

The main opposition bloc and the leading opposition party, al Wefaq, have often tried to avoid sectarian divisions, calling for Sunnis and Shiites alike to ‘wave the flag of democracy’.  Even though al Wefaq is regarded as the moderate opposition, it must be recognised that there are extremist threads in the complicated and ever-shifting warp and weft of Bahrain’s political fabric.  As the conflict has continued, more idealistic, hard-line voices have emerged who have taken advantage of increasing anger on the streets.  This serves to emphasise the need for a quick political resolution of the issues that divide the people of Bahrain.  

Another opposition faction that has attempted to avoid defining the conflict along sectarian lines is Wa'ad, a secular leftist party whose secretary-general Ebrahim Sharif has been in jail since April 2011. Wa'ad are not particularly popular - all the popular forces today are Islamists, as elsewhere - but they represent an important trend among intellectuals and business people. They have a strong track record of campaigning against sectarianism. Many Wa'ad politicians have married across the sectarian divide (including Ebrahim Sharif, whose wife is a secular Shi’a).

Ebrahim Sharif has always called for reform under a constitutional monarchy (as for that matter has Al Wefaq), and has been resolutely against violence. A growing section of the opposition has been calling for a republican option, as support for groups such as Al Wefaq declines. Large swathes of those protesting are best described as the “silent opposition”. These are individuals who are out on the street but are not affiliated with a political party and go under the “February 14” banner. Most opposition groups have to listen to these protestors or risk losing legitimacy.

Time is of the essence: the longer the resistance continues, the louder the extreme voices will become.  The government of the Kingdom of Bahrain must begin to strengthen the moderate, pragmatic groups among the opposition, and stop defining the conflict along sectarian lines. It must acknowledge the fact that there are some Sunnis in opposition to the government.  If the conflict continues to increase its sectarian nature, moderates in the opposition are likely to be forced to choose sides, and invariably they will choose those the side they see as ‘their own’.  The moderate opposition would then be lost.

 2. Address the issue of citizenship within Bahrain.

The issue of citizenship has long been a contentious one.  Less than half of Bahrain’s population are Bahraini citizens due to the influx of migrants and guest-workers.  There have been accusations that the Bahrain government has practised ethnic discrimination in regards to its policy of granting citizenship i.e. attempting to favour Sunni over Shi’a during the naturalization and citizenship processes.  A Bahrain representative has argued that these were unfounded allegations, and that between 2000-2010, as many as 11,000 Shi’as had gained citizenship[4], yet through calculations of the difference between the actual rate of growth of the number of citizens and the natural population growth rate since 2001 best estimates are that 60,000 foreigners have been granted citizenship during this period. The number of non-Shi’as being granted citizenship is therefore comparatively high.

3. Address the demolition of Shi’ite mosques and places of worship.

A number of Shi’ite places of worship have been demolished by the government since the 14^th February protests.  The government of the Kingdom of Bahrain has not denied that these sites have been demolished, though it does dispute the motive behind them. The BICI Report set the number of demolished places at 30 and the government of Bahrain has unconditionally accepted this. The government claims that these buildings were illegal and without the proper permits, but the timing and nature of the demolitions calls this into question. The BICI report acknowledges that only 5 out of 30 places of worship had requisite building permits while also stating, “the Commission notes with some concern the timing of demolition (1 March 2011 to 11 May 2011), which relates it to events of February and March. The Government of Bahrain must have been aware of the construction of these structures and that they lacked proper legal permits and did not conform to building regulations. Nonetheless, the Government of Bahrain had not stopped the construction of these structures nor taken action to remove them for a number of years. The Government should have realised that under the circumstances, in particular the timing, the manner in which demolitions were conducted and the fact that these were primarily Shia religious structures, the demolitions would be perceived as a collective punishment and would therefore inflame the tension between the Government of Bahrain and the Shia population.”[5] Fortunately, the Government suspended its action.  However, the first week of December 2012 witnessed the removal of some Shi’a mosques that were being reconstructed. And during the Shi’a ceremony of Muharram in November 2012, the Interior Ministry jailed two Shia preachers and summoned scores for interrogation on the religious content of their speeches, something that has never happened before in Bahrain.   There is no clear evidence that the Government intended to punish the citizens for their religious practices. However, the timing of such actions clearly helped to inflame the situation.

 In an attempt to address this, on 22 May 2011, the King announced that new Shi’a places of worship would be built. The BICI report also recommended ‘a follow up on the King‘s statement to the effect that the Government of Bahrain will consider rebuilding, at its expense, some of the demolished religious structures in accordance with administrative regulations’. In section 1336, the Commission welcomes the Government of Bahrain addressing this question at the earliest possible time. A report by the Bahrain Centre of Human Rights, published on 26^th March 2012, claims that rebuilding has begun on five mosques.  The report also claims that when residents tried to rebuild the mosques themselves, they were prevented from doing so by the authorities, citing the example of the Ameer Mohammed Mosque, which has been rebuilt and demolished twice. The government of Bahrain claims that work has begun on 12 places at a total cost of US$26 million and that actual construction work has begun on five, while land has been fenced for the remaining seven on which construction work is to be phased in.  It should be noted, however, that reconstruction has not necessarily taken place on the sites of the existing mosques. Some of these places of worship were on sites that have had religious significance (e.g. burial sites) for over 200 years and were built because of the religious significance of the site.

Although some of the building may have been without the proper permits and thus been deemed illegal, the demolition of Shi’ite places of worship is perceived by the Shi’a community as persecution and fuels both resentment and violent backlashes.  It also further radicalises the opposition and diminishes their desire for dialogue.   The issue of the sanctity of religious places is supremely sensitive, and by not working more quickly and with more dedication to reverse the damage done, the government will only foster greater division between itself and Bahrain’s Shi’a community.

4. Remove laws and conventions that deliberately prevent Shi’ites from gaining influence.

Although there have been great improvements in the openness of Bahrain’s politics, there are still areas which need improvement. There are several practices in Bahrain’s politics that deliberately prevent or restrict Shi’a participation in the governance of Bahrain, thus leaving them politically disenfranchised.  In the 2010 elections, although Al Wefaq won only 18 out of the 40 of the seats in the Council of Deputies, they garnered a majority of the votes.  Thus, despite gaining more than 50%  of the votes, they only won 45% of the available seats.[6]

The geographic boundaries of constituencies in Bahrain are mapped out along ethnic lines to establish political advantage.  The number of voters in each voting district varies greatly, from 12,000 to 500, which of course is seen as a deliberate attempt to restrict the number of seats Shi’ite political parties are likely to win.  Because Bahrain in any case has a bicameral system with a government appointed by the King rather than by parliament, the manipulation of constituency size to this degree is unnecessary to guarantee the survival of the monarchy. The practice should be abandoned. The districting issue has been put on the negotiation table as part of the National Dialogue.

A further issue is that of election monitoring.  Though observers from Bahrain’s non-governmental organisations, independent political and civil societies groups regularly monitor elections, international observers are barred. This is not to say that Bahrain’s election results should be called into question, but international election monitors should be allowed access to comply with international best practice.  These issues should certainly be addressed before the 2014 elections.

 5. Both the opposition and the government should make stronger commitment to dialogue

Having attained positions in parliament, opposition groups should utilise this key forum, particularly since a parliamentary majority could obtain a legislative veto.

Al Wefaq needs to find a credible way to re-engage in the parliamentary political process and the government needs to help facilitate this. To encourage Al Wefaq to re-engage serious concessions should be made by the government. Stepping back into the National Assembly without such concessions could be political suicide. If nothing is done and the situation continues to become more polarised, Al Wefaq may lose its popularity in the street and find itself pushed aside as hard-line opposition voices grow louder.

All opposition parties should also take part in the National Dialogue. If the National Dialogue meetings are to be successful and credible, the full spectrum of Bahrain’s political views should be present. To encourage opposition groups to a take part in such dialogue, bilateral meetings should also be organised to take place alongside the National Dialogue between the opposition (i.e. only the opposition not the pro-government parties) and the government. This would build confidence on the part of opposition groups and guarantee that their legitimate grievances are being heard.  It should however be noted that a number of opposition members are in prison and therefore cannot attend any National Dialogue.

FREEDOM OF EXPRESSION

Article 19 of the International Covenant on Civil and Political rights[7] states that "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice".  Of course, total freedom of expression does not exist absolutely in any country, but freedom of expression remains an essential part of society, especially one as diverse as Bahrain.  Suppression of the ideas and desires of any group in a society inevitably leads to the radicalisation of those who feel stifled. If they are not able to express themselves in words they will do so in actions.

The Government of Bahrain declared a three month state of emergency and banned protests to “maintain security” and safeguard “civil peace” in March 2011. The government claimed that demonstrators had threatened “national security” by calling for the overthrow of the government. Protests have now once again been banned,[8] this time just before the beginning of Muharram, which has effectively created a situation of Marshall Law.

The NCF recommends three initiatives:

1. Enforce constitutional protections guaranteeing freedom of expression and of the press.

Articles 23 and 24 of the constitution of the Kingdom of Bahrain guarantee freedom of expression, both in terms of opinion and the press.  In order for the people of the Kingdom of Bahrain to have confidence in the integrity of the government and its promises, guarantees must be given. Any form of suppression of press freedom is counterproductive and therefore serves no useful purpose. Indeed, greater press freedom might act as a safety valve, actually reducing tension.  

2. Address the treatment of opposition members.

Since February 14^th, opposition members and activists have been imprisoned without trial and there have been reports of torture and death in custody. The ICRC has been in country since January 2012, freely visiting police stations, temporary detention facilities, jails and detainees. However restrictions have been placed on human rights organisations such as Amnesty International and Human Rights Watch.

Though the government has agreed to retry key opposition leaders, many have not been released. Even after dropping charges for 328 people, relating to freedom of speech, some remain incarcerated for their participation in meetings and rallies challenging the monarchy.[9]

Bahrain has extended a crackdown on the opposition by revoking 31 activists nationalities claiming that they damaged national security.[10] Some may perceive these actions as being a policy driven in retaliation for the unrest last year. 

In order for national dialogue to work, the government must convince the opposition of their integrity.  Imprisoning opposition members and activists, often in the absence of due process of law, will only damage the government’s credibility.

3. Do more.

A true culture of freedom of expression will require that the Government of the Kingdom of Bahrain sets a better example. Perhaps the best start that could be made would be the reform of State TV. 

FREEDOM FROM WANT

The Human Development Index, as included in the 2011 UNDP Human Development Report, ranked Bahrain 42^nd out of 187 countries with comparable data.  This would suggest a high level of well-being, especially when compared to other Arab countries in the region. However, disparities in wealth are patent.  The poorest neighbourhoods of Manama and the most underdeveloped villages of the island are, for the most part, inhabited by the Shi’a community.   In 2010 unemployment figures were reported as just 3.7%, which shows an increase in employment through a global recession. However, a particular worry is that Shi’a citizens are underrepresented in the higher tiers of many public sector jobs.   This leads to accusations that the government favours non-Shi’a. 

After the protests of 14^th February, the Bahrain Independent Commission of Inquiry (BICI) reported 1,624 complaints from people alleging they had been fired or suspended from their jobs over the protests.  Many of these were from the Shi’a community. However, claims have been made that all 1,624 have been given the opportunity to be reinstated.[11]

Socio-economic inequality is an issue that can ferment resentment in any society. Creating a more defined ‘us versus them’ framework will only boost fundamentalist and hard-line voices within the opposition. The government of the Kingdom of Bahrain must address the socio-economic inequalities that exist within Bahrain’s borders in order to tackle any further frustration and unrest.

The government still invests heavily in its public relations in Washington and London, so evidently cares greatly about its political and economic relations with these key Western capitals. The unrest in Bahrain has strained the country's relations with its traditional friends in the US and UK, who face criticism at home over their ties with Bahrain.

An ongoing uprising in the nation will only put further strain on an already hard-hit economy and strategic relationships in the West. It is in the best interest of the government to stem the island nation’s economic troubles as this will help bring a quick and peaceful resolution to the unrest.

Through the publication of the BICI report the Kingdom of Bahrain have been using international best practice to address the problems that occurred and ways for Bahrain to move forward. The reforms being made are ongoing and are being produced in legislative form. However, without the full implementation of the reforms such legislation only acts as a facade. [12]

FREEDOM OF FEAR 

In Bahrain, freedom from fear is inextricably linked to freedom of religion and of expression.  Trust in the government is the cornerstone for any successful and legitimate state, and if the government of the Kingdom of Bahrain wishes to see progress in terms of national dialogue and an end to unrest, they must increase the confidence of their citizens in their own security forces in order to pre-empt any tension that might arise in the run up to the 2014 elections. 

The NCF recommends two principal proposals:

1. Ensure that the security forces reform their practices.

Incidents of police brutality towards those in custody have significantly reduced but instances still occur. The tactics of security forces should always be open to reform. Social media and networking sites are showing footage of violence on both sides of the conflict, but it is the tactics of the security forces that have attracted the most attention and criticism.  BICI found that the security forces were responsible for thirteen civilian deaths that occurred during the protests, and even goes on to describe the violent causes of these deaths. It should be noted that the BICI report only looks at a three month window during 2011, and that further deaths have occurred since.  The commission also reported deaths due to torture in police custody, and many deaths that occurred after the protests were due to the inhalation of tear gas. Furthermore, the commission found that ‘Bahrain security forces systematically raided houses in order to arrest individuals, and in so doing terrified the occupants. The security forces intentionally broke down doors, forced entry and sometimes ransacked the houses. This practice was often accompanied by sectarian insults and verbal abuse.’ [13]

The excessive force used by the Bahrain security forces must be thoroughly addressed if there is to be any hope of rebuilding the trust so crucially needed between citizen and state.  The government must now abide by its own rule of law and maintain the principle that no one is above the law, even and especially those in all hierarchies of the security forces.  The government of the Kingdom of Bahrain must continue to implement the BICI recommendations that there should be full investigations into any reports of torture, murder and harassment by security forces. The implementation of accountability measures such as the appointment of a Ministry of Interior Ombudsman are steps in the right direction but are by no means of themselves sufficient.

The Bahrain government have recently made restitutions of $6.2 million (BD 2,340,000) to be paid to 39 families over the deaths of 39 relatives.[14] This is a significant confidence building exercise by the state, however financial restitutions will have to be matched with sincere reforms. [15]

Chief author of the BICI report, Cherif Bassiouni, has been critical of the reform process. He stated that progress had been made but the reform process has stagnated. In relation to reforms in the security services he stated: “If you have approximately 200 cases and you refer only nine cases to trial in a period of a year and you have one conviction, it doesn’t seem to be a satisfactory result.”

2.  Consider further clemency for medical professionals and guarantee the provision of adequate               

     healthcare to all.

Since February 2011, 95 medics have been detained by security forces. Although the behaviour of some of the medical professionals was difficult to reconcile with the exercise of their medical responsibilities, some of the allegations against them were unfounded.[16] Furthermore, a report by Physicians for Human Rights accuses the government of politicising and militarising the health system, claiming that the Government of Bahrain has denied a large segment of the population safe access to impartial medical care, resulting in widespread fear among civilians seeking medical treatment.

Conclusion

For the Kingdom of Bahrain, time is of the essence.  The longer the current wave of unrest continues and the more isolated the opposition is from the government, the more radicalised the opposition will become.  And the more radicalised the opposition becomes, the more desperate the government will become.    Syria serves as an awful reminder of how this security dilemma can spiral out of control.  There have been calls for reform but without sincere steps towards negotiated reforms the situation will undoubtedly deteriorate.

If the government do not act fast, they are in danger of marginalising the moderate opposition and strengthening the extremist opposition. Political stagnation means that all parties will refuse to compromise, and without compromise there will be no dialogue, national reconciliation or a consensual political settlement on the horizon. The prospect of Gulf unity could further frighten the opposition as such a union appears to shore up Sunni power on the Gulf. The Bahrain opposition, in despair, might resort to more desperate tactics, possibly even to violence.  The current political stagnation in Bahrain needs to be addressed as it is negatively impacting all political, social and economic aspects of public life. All parties should accept the principle of consensus as a basic element in alleviating the problem.

If resistance goes on and the youth movement become more and more politicised, the opposition’s vision for the future will leave less and less room for negotiation.   The government of the Kingdom of Bahrain must act fast, to ensure that the political situation is resolved in time for the 2014 elections.

[Ends]

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[1] Figures from the 2010 Census, Central Informatics Organisation

[2] The Shi’a community is present in certain sectors of the government, especially government ministries such as the Ministries of Health and Industry, where up to 50% of the senior posts are staffed by Shiites.

[3] One such example is the airing of the “Al Rased” television programme on Bahrain television showing images of protesters and describing them as traitors with links to Iran (Report of the Bahrain Independent Commission of Inquiry p393).

[4] This figure was quoted at a meeting hosted by the Next Century Foundation at the Embassy of the Kingdom of Bahrain in London on the 16^th May 2012.

[5] Report of the Bahrain Independent Commission of Inquiry. P329

[6] Al Wefaq’s claim that it garnered over 50% of the vote is disputed by the government which claims that the party obtained 43% of the vote.

[7] Acceded to by Bahrain in 2006

[8] Restrictions on public demonstrations and other public gatherings were introduced on 30 October 2012. Bahrain said the ban was a temporary step.

[9] Key figures such as Nabeel Rejab, and Zainab and Abdulhadi al-Khawaja attracted international attention at their arrest. Nabeel Rejab is serving a three year sentence and claims to be held in solitary confinement. Abdulhadi al-Khawaja is currently serving a life sentence after being arrested in April 2011 for his activity as a protest organiser. His daughter Zainab al-Khawaja has been repeatedly arrested.

[10] On 7 November2012, Bahrain decided to revoke the nationality of 31 citizens for 'having undermined state security'. The decision violates the Universal Declaration of Human Rights. The men include London-based dissident Saeed al-Shehabi.

[11] In reality these claims are slightly misleading. Some employees have been placed in work other than their original occupation, often in lesser positions, whilst some others remain in the Ministry of Labour’s job placement program and have yet to find gainful employment.

[12] As Cherif Bassiouni himself recently stated: “A number of recommendations on accountability were either not implemented or implemented only half-heartedly.”

[13] Bahrain Commission of Independent Inquiry, article 1172, p.280

[14] These victims include all 35 deaths described in the BICI report as well as 4 deaths – three civilians and one police – that followed the events.

[15] Three compensation mechanisms have been established to make these restitutions however there are now details given on two of the mechanisms and the third has been effectively stopped by Royal Decree.

[16] Twenty medical professionals who were involved in the 2011 protests were sentenced to prison terms (Dr Ali al-Ekry was sentenced to 15 years in prison on more than a dozen charges; the remaining 19 doctors/medical workers received lesser prison sentences). They were accused of crimes against the state which included inciting hatred, occupying Salmaniya Hospital, and attempting to overthrow the Government.   A further 28 medical workers faced misdemeanour charges.  Of the 48 accused, 47 were Shi’a.  Following a recent trial verdict, only two of the defendants now face comparatively long prison terms. They should be treated with clemency. Then on 21 November 2012, 23 medics were sentenced to 3 months imprisonment or to pay a fine of 200 Dinars to have their prison sentences suspended. They all had the right to an appeal.