Human Rights Implementation in Bahrain

Introduction

The Kingdom of Bahrain has experienced significant changes in fostering democracy as well as partnership establishment in decision making via the rule of law. This has been witnessed since when King Hamad bin Isa Khalifa raised to the throne in 1999 (Beetham, 1999). It began in 2001 through the adoption of the National Action Charter. It created a way for the restoration of parliament life as well as municipal and parliamentary elections in 2002. This led to the amendment of the constitution in 2012. These amendments have led to the strengthening of both supervisory and legislative powers for the elected House of Representatives. Besides, it has led to the presentation of an action program to the House of Representatives for approval or rejection. It is through these fundamental changes that crucial impact was felt in the Human rights and public freedoms. Besides, it has led to ensuring enjoyment and freedoms amongst the general public in the Kingdom. National human rights institutions are mandated through the legislative or constitutional mandate to promote and protect human rights.

Findings

Human rights Implementation

Human rights in the Kingdom of Bahrain are implemented in several ways. National human rights institutions play a significant role in human rights implementation. They have the mandate to promote and protect human rights through the constitution and legislative power. One such is through the “Paris Principles,” which monitor national institutions’ incompetence in judicial issues. They have the authority to get, examine, and sent complaints to humans for more competent authorities to handle it (House, 2017). Besides, they do inform competent authorities, inform them of the kind of procedures to follow, and assist in settlement of the complaints.

Criminal justice is a crucial area focused on human rights implementation. The government accepted recommendations done on the criminalization of torture. Through this, a particular Investigation unit was created through a resolution from the attorney general No. 8/2012 (Alshehri, 2016). The unit carries out investigations about incidents of death, torture, inhumane treatments based on the Istanbul protocol. Besides, the government-supported recommendations made about freedom of speech and expression. This step led to a review of cases in civilian courts with all cases based on freedom of expression of speech dropped. The government also supported fully the recommendations done about the establishment of the Arab court of Human Rights, thus depicting its commitment to human rights. Either the proposal done about the release of political prisoners was implemented.

Despite supporting the implementation of freedom of expression by the government, no substantive steps have been taken to protect this freedom and to eliminate torture in the country effectively. However, the government is focused on subjecting Bahraini people to torture and ill-treatment (Al-Kaabi, 2010). This is a culture supported by the ones who commit such crimes. Besides, some legal departments and reforms are created, which only demonstrate the ineffectiveness of the government investigative units as well as the unacceptable continuation of the practices. Lack of new investigations into the charges relating to convictions made on such cases is enough evidence relating to torture and lack of expression in such cases. An instance of the use of force and torture in the interrogation process by the government in the case of the former leader in the Bahrain teachers’ association. Jalila al-Salman was imprisoned while calling for a teachers’ strike in March 2011 (Alshehri, 2016).  Upon her arrest, she filled various files on torture against the state government, which happened during the interrogation process. Lieutenant al-Manaai beat her and forced her to sign a confession.

Another area of consideration is gender equity and the empowerment of women. In 2001, a Royal Order was issued, which established a Supreme council for women. This is one amongst the various mechanisms which are now created to support women’s rights. National strategy for the advancement of women was created in 2005 led by King of Bahrain King Hamad bin Isa. A National model meant to address women’s needs was also established in 2010 whose theme was the establishment of equal opportunities and justice for all.  Besides, international conventions and reports were formed in 2002 and 2014, which addressed discrimination against women. Launching awards, as well as initiatives for supporting and empowering women in 2006, 2008, 2010, and 2011, is another critical area (Al-Kaabi, 2010). The poverty and women section meant to give benefits to women through household benefits and allowances such as social salary, orphans and widows sponsorship, etc. Either, public efforts are meant at poverty eradication and improving the economic status of women through training and rehabilitation, programs and services, and loans offered to women. Another way this is achieved is through education in which formal education for women started in 1928, and women have achieved great success in all educational levels (Al-Kaabi, 2010). For instance, elementary and intermediate educational levels are compulsory in Bahrain. Besides, education is offered for free to both Bahraini and non-Bahraini for both genders in the elementary, intermediary, and secondary schools.

The area of gender and equity in human rights is critical and widely addressed in Bahrain. Women are now in power and get involved in decision making. Since the 1970s, Bahrain women have filled leadership positions and have proven their competence to occupy such positions. Women and the economy is another area covered in Bahrain’s constitution since 2002 in which women were assured of their rights without discrimination (Duxbury, 2011). Other achievements made in the promotion of gender equality include the launching of Bahrain women associations and societies in 2006.

Nationality was reviewed and fully supported by the government of Bahrain through the various recommendations. There are some set of recommendations which majorly focus on the issue of discrimination stemming from Bahrain citizenship Act of 1963. For instance, all male children born to Bahrainis gain citizenship at birth while the women married to Bahraini men do not at any time gain citizenship. This issue is a result of stateless children whose rights, physical, and intellectual being ends up being neglected.

Education and disability legislation is fully supported by the Government of Bahrain. The government has signed international treaties meant to protect the rights of these children. Children with a disability, according to Children’s law 2012, enjoy similar rights with others. However, there are additional guarantees for supporting treatment, rehabilitation, and integration in the community. Despite these steps to protect children’s rights, there are several reports which show acts of vandalism, abuse, and detainment of Bahraini children.

Family law is another area of human rights implementation by the Government of Bahrain. However, there is no legislation made to support the pledges supporting family law. It has not codified family law based on Shia and Sunni. Women can marry right from 15 years old in Bahrain while 4% of the females between 15 and 19 years are married. Nothing is being done to push this marriage age. This points out to the fact that women face extreme discrimination under the law, especially in divorce.

Another area is training police personnel to respect human rights. Bahrain police officers regularly use extreme and violent measures in an attempt to quell peaceful protestors. There are various times in which the police force has been accused of misusing lethal weapons such as tear gas, leading to the death of several protestors. The government of Bahrain, through criminal justice, has made efforts meant for improving its law enforcement practices. For instance, there are set standard minimum laws on how to treat prisoners in prisons. However, no much impact is witnessed in the police department so far. The police forces have continued to arrest people even without presenting a charge of arrest or without informing them.

Media and press laws are yet to be implemented. According to reports on reporters without Borders, Bahrain was ranked 163^rd out of the 180 surveyed countries based on press freedom. Bahrain government has a long history of persecuting reporters. For instance, the 2002 media law opened the opportunity and offered courts the power of sentencing journalists up to five years based on the offenses committed. The online and social media face the harshest conditions and terms. Thus the Media freedom is highly reduced

Combating human trafficking and labor law is a critical area in which the government of Bahrain has taken significant steps. However, government efforts have little effect on migrant labor and human trafficking. Human is trafficked majorly for domestic purposes, construction and in sex industries. Enforcement of human trafficking laws remains inefficient with the individuals and corporations involved in importing these persons failing to face justice. The primary practice of human trafficking in Bahrain involves luring people and promising them lucrative paying jobs. The workers are then forced to work for sex or do manual labor for meager wages lower than they had been promised (Kinninmont, 2012). The employers also prohibit workers from leaving the country, in most cases taking revoking their passports and effectively trap them in the country. Domestic workers are not protected by law. Sex work remains a crucial challenge in Bahrain. Migrant workers continually suffer abuse in their employers’ hands but are prevented from leaving the country. They also face significant difficulty in an attempt to organize or join Bahrain worker’s unions. The vulnerability of migrant workers in Bahrain is continually evidenced through attacks and deaths. In January 2013, 450 Pakistanis were tortured and deported from Bahrain. Also, 13 migrant workers were killed while eight were injured due to inferior safety measures for migrant workers (Ebrahim, 2016).

National implementation of Human rights in the Kingdom of Bahrain

Right from the time, King Hamad bin Isa Al Khalifa took power, the Kingdom of Bahrain has undergone significant changes in human rights. The first aspect is the creation of the National Institution for Human rights (NIHR). This ensured that the efforts put in taking human rights fully into effect were complemented (Kinninmont, 2012). Besides, the body has the authority to get documents and information considered necessary for law enforcement. The body is allocated sufficient resources necessary for carrying out its duties to the nation. Based on law, in Article 21, the Board of Commissioners’ annual reports are to be prepared to document NIHR efforts, duties, and activities.

Secondly, the implementation of advisory opinions brought forward by the National institution for Human rights. This duty goes all the way to the conduction of assessments and compliance with national legislation. The advisory opinions delivered include an appreciation of work done by the Shura council. It also includes the proposal for amending Law Decree No.3 about the election of Municipal council members (Jones, 2017). The second provision focused on the Criminal procedure code draft. NIHR provision shows that there is a need for independent and regular oversight for reform and rehabilitation institutions. Legal provisions also provide the opportunity for one to file either verbal or written complaints through independent judicial oversight. The other area is the House of Representatives, which recognizes the efforts by NIHR based on human rights issues. The third proposed law is on the amendment of some of the enactments about child Law No. 37 of 2012. NIHR also recognizes its function in key areas of human rights.

The third chapter covers the role played by the NIHR in the protection and promotion of human rights. These institutions achieve this goal through the creation of human rights culture. They utilize conferences, workshops, training conferences, and lectures done to the general public and specific groups. Besides, educational brochures are printed and distributed to educational institutions to spread the word.

The right of expression and freedom of opinion is another significant aspect. This area calls for democracy and freedom of expression in society. It allows for the free exchange of development views and strategies (Ulrichsen, 2014). People can easily transmit ideas and opinions without being limited by borders. This right is also practiced and extended to the media and press. It also entails freedom of religion, thought, and conscience. Article 22 of the constitution of Bahrain has guaranteed this freedom of expression to everyone in this Kingdom. Freedom of speech entails one communication, views, and opinions without being limited. The right of expression allows communication of various forms of information, including the right to public comments, cultural and artistic expression, right to political views, and religious expression and beliefs.

Participation of Bahrain to the international framework of Human Rights Conventions

Historically, the Kingdom of Bahrain has been placed in an ancient civilization. This Kingdom was built of peace and harmony. The country’s history and location have shaped the region and supported the coexistence of people from different religious and cultural backgrounds. A reform project was created in 2001, which reaffirmed the protection and promotion of human rights (George, 2018). This was supported by the subsequent support through the constitution of 2002, as well as the following constitutional amendments approved by the 2012 legislature (George, 2018). Other freedoms reflecting this reform include freedom of religion, expression, labor laws, and criminalization of human trafficking.

The Kingdom of Bahrain has ratified as well as signing several regional and international agreements and conventions. These include the Arab Charter on Human rights, the international covenant on Civil and political rights, and social and cultural rights (Cuinn et al. 2016). Besides, the Kingdom ratified a convention on the elimination of all forms of discrimination against women. Also, there is a convention against torture and convention of the rights of the child. Optical protocol to the convention on the right against prostitution and pornography, the right of the child regarding child sale and rights of persons with disability include other significant conventions.

Also, the Kingdom of Bahrain has established itself to be a role model for integrity and transparency. Also, the Kingdom of Bahrain has created a human right mechanism, which ensures that the National Institute for Human rights is independent (Cuinn et al. 2016). This is also in line with the Paris principles through the establishment of Prisoners and detainees’ rights commission; the Ombudsman office created in the ministry of interior and special investigations unit in the public prosecution unit.

Also, the National Institute for human rights through the supreme council for women has continued with its active role in political education. Besides, it is actively involved in the protection of rights and liberties for women.

Consequently, the Kingdom of Bahrain works together with the United Nations as well as other international bodies, both governmental and non-governmental. It has collaborated with the United Nations Office on Drugs and Crime as well as in the international institute of Higher Studies in Criminal Sciences. The result of this was the establishment of strict laws that prohibited inhumane treatment, torture, and cruel treatment towards people (Lawson, 2019). The international policing laws created have also led to independence in the judiciary arm. The Kingdom of Bahrain ensures that all areas like economic, educational, and developmental spheres are taken care of in addition to the legislative governance and control. It also carries out media, and educational programs aimed at increasing tolerance, peaceful coexistence and national unity between people.   The primary international human rights instruments which Bahrain has ratified are nine. Every one of these committees is established with experts for monitoring and implementation of the activities for the state. Also, there are some optional treaties which are supplemented by optional protocols.

Discussion

In comparison with the mid-1990s civil unrest period, the human rights situation in Bahrain for the last few decades has witnessed significant improvements. There are lower cases of instances of torture as well as ill-treatment. Despite that, the means that led to the deterioration of human rights in the previous decades are still in place. For instance, the use of incommunicado detention, which results in torture and ill-treatment of the imprisoned person, is a crucial area. In December 1994, the unrest kicked off where thousands of people went into streets calling for the restoration of the national assembly (Eyadat & Okasheh 2018). The national assembly was dissolved in 1975 through an order by late Amir, Shaikh Issa bin Salman Al Khalifa in addition to constitution sections, which were suspended at the same time. In this period, human violations happened at large, which included the detention of children and women without trial. Ten people died in custody as a result of the use of force and torture to the detainees. The circumstances of their death suggested that they might have been killed through extrajudicial methods in addition to grossly unfair trials. Forcible exiles were witnessed. Amnesty international noticed that Bahrain’s rights and responsibilities were not being utilized in this period. They came in and called for proper utilization of the laws to ensure order at such times. The high number of people who fell victim to human rights are majorly the Shi’a Muslims who form the majority population.

Following the death of his father, Amir of Bahrain, Shaikh Hamad took power in March 1999 (van et al. 2019). They marked a new beginning of upholding and protection of human rights. Various political prisoners are now set free. Amir had committed to respect human rights in all means possible. These are some of the areas that Amnesty international pointed out in addition to other positive human rights aspects. However, Amnesty International has pointed out that gross violation of human rights is not entirely done away with in Bahrain. For instance, some of the legislation in place was used in 1974 to cause violations of human rights, and they have not yet been removed. Besides, the government of Bahrain continues to use forcible exile to punish Bahraini dissidents with their families.

Positive human rights developments have taken place in Bahrain. Such include the release of political prisoners, an increase in freedom of expression, giving women the right to take political and leadership positions as well as voting. Eight hundred political prisoners and detainees were released upon assuming of power by Amir, Shaikh Hamad. Before their release, they were to sign statements promising not to be involved in anti-government activities. In October 1999, Amir gave out a decree urging for the committee set up of Human rights in the Majlis-al-Shura (Cuinn, 2017). The committee was tasked with various human rights activities such as studying all human rights regulations and legislations used in Bahrain, coming up with ideas of amending human rights, promoting human rights awareness as well as establishing relationships at the international level.

Parliament plays a significant role in the protection and promotion of human rights. This is majorly done through the oversight of human rights activists and policies promoted by the government. The government is also actively or proactively involved in international levels to protect human rights. Thus parliament serves as the link between international and national human rights strategies. It also has a significant part to play in the establishment of the national mechanism, thus ensuring willingness to protect human rights. The challenges encountered in the implementation of human rights by the parliamentary committee can be channeled to international bodies.

Conclusion

Human Rights in Bahrain have been described through the Human rights watch to have sharply deteriorated in the latter half of 2010. Forced disappearance and torture are common in Bahrain. The government of Bahrain has led to the marginalization of Shia Muslims, who are the majority. Most stateless populations in Bahrain are Muslims, while some are Christians. These people originate from the Iranians who have lived in Bahrain for many decades now. Stateless people are denied the most basic human rights, such as the right to own land, buy a house, start a business, travel abroad, and they can get deported at any time. Torture is another major component of the government of Bahrain. The government is regularly depicted to practice ill-treatment while interrogating security suspects. Also, discrimination exists in job positions and areas of residents. Also, marriage, divorce, and custody law are known to be effective to only Sunnis in the country. Besides, the government of Bahrain states that the press has freedom of expression; however, this freedom is non-existent. Based on Human Rights Watch, the freedom of press and print media is restricted. The editors are fired, journalists repeatedly tortured, and websites closed down. The government also continues to place some restrictions on the freedom of worship granted in the constitution. The government has been in the front line creating the opportunity for women to vote and take political and leadership positions.

Recommendation

• The government of Bahrain should promote and practice freedom of speech for its people.
• Freedom of association is another major area that is not fully implemented by the government of Bahrain.
• Islam is the official religion in Bahrain based on the constitution; however, this right is not fully implemented since the government has placed limitations on its exercise.
• The constitution has offered the right to vote and hold political and leadership positions to women in the gender equality clause. However, this right is not fully attained. Other challenges facing women include sexual harassment, divorce, inheritance, and poverty.
• Labor issues are another area in which foreign workers, who make up the majority of Bahrain workforce, are not adequately protected by the constitution. For instance, foreign workers face issues like passport confiscation, physical abuse, long working hours, unsafe housing, and delay of their wages. The government, through labor unions, should ensure that the rights of migrant workers are upheld. This will reduce the deaths and injuries that migrant workers face.
• The government of Bahrain should consider settling the issue of stateless people since these people are now growing in number.
• Despite the increase in government claims on improved services and human rights practice over the years, Human Rights Watch shows that torture is a significant part of the judicial process in Bahrain. Therefore, the government of Bahrain should consider improving its legal process and follow the constitution to the latter.

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