The thinking behind the methodology and process was that the universal periodic review is not a one-off event but rather a process comprising several activities and events that take place over the course of successive four-year periods.
(a) Methodology for preparing the report
The methodology adopted by the Government involved a combination of the following actions:
• Gathering of information from government departments
• Interactive surveys with governmental and non-governmental organizations
• Consultation with, and involvement of, stakeholders
• Contributions to the review and feedback on the draft report
• Comments and input from national sources on the interactive dialogue between the delegation of Bahrain and the working group of the Human Rights Council tasked with examining the report
• Development of a plan of action to implement the outcome of the review
The above-mentioned methodology was used having due regard to the following values and principles: transparency; participation; responsiveness; accountability; non-discrimination; and inclusiveness.
(b) Process for preparing the report
At the outset, a detailed information note was drawn up to explain to the working group tasked with drafting the report for the Human Rights Council the requirements and nature of the report and the procedures to be followed in preparing it (Annex 1). The same note was distributed, in Arabic and English, to governmental and non-governmental organizations and the media in Bahrain. It was posted on the Internet and distributed in leaflet form.
The note contained, inter alia, the following details: basis of the review; principles and objectives; the review process and modalities; outcome of the review; adoption of the outcome;
follow-up to the review.
The Ministry of Foreign Affairs then drew up a plan of action for Bahrain’s universal periodic review report, identifying the different stages of preparation and opportunities for stakeholders to participate, provide input and take part in each of the following steps in the process:
• Collection of information for the State report (including the creation of a hotline)1
• Soliciting feedback on the State’s draft report, which was published on a special website2
• National launch of the report, timed to coincide with its submission to the Human Rights Council
• Formulation of an action plan to implement the outcome of the universal periodic review
• Transmission, via the website of the Ministry of Foreign Affairs, of a webcast of the review of the report before the Human Rights Council, and installation of a live feedback and commentary service for use during the interactive dialogue
• Dissemination of the outcome of the review (in Arabic and English)
• Follow-up on implementation of the outcome of the review
• Submission of further periodic reports to the Human Rights Council on follow-up to, and implementation of, the outcome of the review
In addition to the foregoing, a consultation and communications plan was drawn up and disseminated (Annex 2) to all stakeholders involved in preparation of the report and follow-up on the outcome. The plan entails:
• A truly interactive dialogue not just between the Government of Bahrain and the Human Rights Council but also between the Government and civil society
• Wide-ranging national consultations with relevant stakeholders (Annex 3) (c) Time constraints
The time frame for preparation of the report represented something of a constraint with regard, for example, to coordination with all the relevant parties.
3. Bahraini Constitution and policies, laws and institutions for the promotion and protection of human rights
(a) The reform process
The protection and safeguarding of human rights in Bahrain are guaranteed within an
institutional framework on the basis of the rule of law. The Kingdom of Bahrain acted promptly, in the context of national renewal in different spheres of national action, to adjust to the many new developments taking place at home and abroad. In order to strengthen national action, the National Action Charter was issued, defining the general framework for the future objectives of the State in different areas of national action and the role of State institutions and the constitutional powers. The Charter was adopted following a referendum held on 14 and 15 February 2001 in which
98.4 per cent of voters gave it their approval. The National Action Charter sets out the guiding principles of national action and the role of State institutions and the constitutional powers.
In keeping with the wishes of the people, who embraced the principles set out in the Charter, and with a view to creating a better future in which the nation and the citizen enjoy greater
prosperity, progress, growth, stability and well-being, the Constitution of Bahrain of 6 December 1973 was amended in line with the Charter. The amended Constitution was
promulgated on 14 February 2002. The amendments reflect the evolved state of thinking in Bahrain.
Hence, the political system for which they provided was a constitutional monarchy based on the principle of shura (consultation) - the ideal model for government in Islam - and the principle of popular participation in the exercise of power - a concept that underpins modern political thought.
The ruler skilfully chose experienced citizens to form a consultative council, while the people exercised their own free will in electing representatives to a chamber of deputies, the will of the people being embodied in the two chambers that together form the National Assembly. The Constitution states that:
• The system of government is based on separation of the legislative, executive and judicial powers, between which cooperation is effected in accordance with the Constitution.
• The King is the Head of State and its supreme representative. The King protects the legitimacy of government and the sovereignty of the Constitution and the law, and safeguards the rights and freedoms of persons and institutions.
The Constitution guarantees respect for human rights in accordance with the lofty values and great human principles embodied in the National Action Charter.3
The Constitution provides a solid basis for the protection of rights and freedoms. Article 31 states: “The public rights and freedoms provided for in this Constitution shall be regulated or restricted only by, or in accordance with, the law, and such regulation or restriction shall not detract from the essence of the right or freedom concerned.”
The right to a judicial remedy is a public right which the Constitution guarantees to all. The law guarantees legal aid, as provided by a committee of lawyers, for persons who cannot afford a lawyer and in cases where the presence of a lawyer is a legal requirement (criminal and juvenile cases).
According to article 37 of the Constitution, international treaties have the force of law once they have been signed, ratified and published in the Official Gazette. In this way, they acquire the status of a domestic law. This illustrates what the status of international human rights treaties is in Bahraini domestic law.
(b) State authorities and human rights Legislative authority
Legislative authority is vested in the King and in the National Assembly, consisting of the Consultative Council and the Chamber of Deputies.
The Consultative Council
The Council consists of 40 members, appointed by royal order, and it draws on their experience in different walks of life in the Kingdom. The Consultative Council was established pursuant to Royal Decree No. 41 of 2002. The number of women members increased from 6 in 2002 to 10 in 2006. No law may be enacted before being approved by both the Consultative Council and the Chamber of Deputies. The Consultative Council does not have any of the oversight powers that the Chamber of Deputies enjoys, however.
The Chamber of Deputies
The Chamber consists of 40 members who are elected by direct, secret ballot for a four-year term. The Chamber has a lawmaking role and oversees the actions of the executive authority by various means, in particular through parliamentary questions and answers and the establishment of committees of inquiry.
The executive authority
Executive authority is vested in the King, the Prime Minister and government ministers. The executive is responsible for the formulation and implementation of the State’s general policy, for overseeing the conduct of government and for protecting the interests of the State. The Constitution defines the tasks, functions and responsibilities of the King, the Prime Minister and government ministers. The executive ensures the enforcement and implementation of the law and safeguards the interests of the State.
The judicial authority
The judicial authority is one of the three powers of State. It is dealt with in articles 104 to 106 of the Bahraini Constitution, which state that the honour of the judiciary and the integrity and impartiality of judges constitute the basis of government and a guarantee of rights and freedoms.
There can be no external influence over a judge in the taking of decisions, nor can there be any interference in the course of justice. The law guarantees the independence of the judiciary and provides safeguards for judges and their decisions.
The Bahraini legislature passed a separate law on the judiciary, stipulating the conditions of appointment and the responsibilities, powers and duties of judges. The Judicial Authority Act issued by Decree Law No. 42 of 2002 clearly reflects the concern of the legislature of the Kingdom of Bahrain to support the judiciary and enable it to play its role in the smooth delivery of justice for all citizens, both men and women alike. Under the Act, the areas of competence of the courts of
Bahrain are distributed as follows:
The civil courts
The civil courts have competence for all civil, criminal and commercial cases and matters of personal status of non-Muslims. Each judicial division has two levels of jurisdiction. The Court of Cassation is at the top of the judicial hierarchy and for parties at law serves as a supreme judicial body with competence for overseeing the proper and correct application of the law.
The sharia courts
The sharia courts have competence for personal status matters of Muslims. They are divided into the Sunni courts and the Ja`fari courts. Personal status issues of non-Muslims are dealt with by the civil courts and are regulated by special laws.
The Constitutional Court
The Supreme Constitutional Court verifies the constitutionality of laws and regulations. This court is an independent body.
(c) Domestic laws on the promotion and protection of human rights
In addition to the constitutional and legislative texts which require respect for human rights, the executive recently approved a number of laws that have a direct bearing on different aspects of human rights. The laws in question are listed below.
• Decree Law No. 14 of 2002, concerning the exercise of political rights: this law allows citizens, both men and women, to exercise their political rights by expressing their views in every referendum held in the Kingdom in accordance with the Constitution and by
standing for, and electing members of, the Chamber of Deputies in accordance with the relevant conditions.
• Decree Law No. 33 of 2002, concerning trade unions: this law was passed in conformity with the Bahraini Constitution, which grants workers the right to form trade unions. This is one of the first laws of its kind in the region. Trade union activists have now set up
independent trade unions, which are brought together under the banner of the General Federation of Trade Unions of Bahrain.
• Decree Law No. 47 of 2002, concerning the regulation of the press, printing and publishing: this law attributes responsibility for disciplining journalists to the Press Association alone and relieves editors-in-chief from having to appear in court on a regular basis in response to summonses. It attributes personal liability to the writer, and makes the suspension of newspapers subject to the issuance of a court order. With regard to false reports, it shifts the burden of proof onto the party challenging the veracity of the report, and does not require journalists to prove that the story is true, as was the case in the past.
• Act No. 26 of 2005, concerning political associations: the Act recognizes the right to form and join political associations and regulates their activities. There are currently 18 such associations, 3 of them represented in the Chamber of Deputies.
• Act No. 18 of 2006, concerning social security: this Act guarantees Bahraini citizens, both individuals and families, their basic necessities in kind or in cash.
• Act No. 32 of 2006, amending Decree Law No. 18 of 1973, concerning public meetings, demonstrations and gatherings: this Act authorizes the holding of peaceful gatherings and demonstrations, subject to notification of the authorities by three of the organizers. The authorities provide the necessary protection for peaceful demonstrations and gatherings.
The Act limits administrative authority to issue a decision banning such gatherings by imposing a number of rules, including that the decision is subject to judicial scrutiny.
• Act No. 74 of 2006, concerning the welfare, rehabilitation and employment of persons with disabilities: this Act requires ministries and other institutions to liaise with the Ministry of Social Development on the provision of regular, integrated and permanent services for persons with disabilities, particularly in the areas of health, social welfare, education, culture, sports, rehabilitation, employment, communications, housing, etc. The Act furthermore regulates the establishment of centres, welfare homes and workshops for persons with disabilities, as well as retirement pensions and leave for employees with disabilities.
• Decree Law No. 78 of 2006, concerning unemployment insurance: this law is the first of its kind in any State member of the Gulf Cooperation Council. With its enactment, a large number of unemployed persons have been saved from falling into indigence as a result of losing a job. The law will help to reduce the rate of unemployment, which is a growing social problem of considerable importance at the present time, and offers a decent living to the unemployed so that they can be reintegrated into the labour market. The law applies to both Bahrainis and non-Bahrainis.
• Act No. 1 of 2008, on combating trafficking in persons: this Act is evidence of the Kingdom’s commitment to international treaties on human trafficking. The Kingdom of Bahrain is the second Gulf State to pass such a law. The Act states that, for the purposes of its application, trafficking in persons means the recruitment, transfer, transport, housing or receiving of a person for the purposes of exploiting that person by means of coercion, threats, deception, abuse of position or influence or misuse of power of any kind over the person or any other unlawful means, whether direct or indirect. The Act also states that, without prejudice to any higher penalty that may apply under the Criminal Code or any other law, a term of imprisonment and a fine of from 2,000 to 10,000 Bahraini dinars (BHD) shall be imposed on anyone who perpetrates the offence of human trafficking. One article of the Act states that a committee to be called the National Committee to Combat Trafficking in Persons shall be established, pursuant to a decision of the Minister for Foreign Affairs, and shall consist of representatives of the official bodies specified in the decision, subject to coordination with them. The committee will be tasked with designing programmes to prevent and combat trafficking in persons. Similarly, a committee will be established by a decision of the Minister for Social Development to assess the situation of foreign victims of human trafficking.
(d) Official bodies and government institutions with competence for human rights Bahrain has created a number of government bodies and ministries with competence for human rights, together with institutions and committees tasked with the protection and promotion of human rights.
• The Royal Court: the Royal Court created an Ombudsman’s office to examine any complaints submitted by citizens and foreign residents and find appropriate solutions for them. It also established the Royal Charity Organization for the welfare of orphans and widows.
• The Supreme Council for Women: the Supreme Council for Women was established pursuant to Amiral Decree No. 44 of 2001. The Council plays a key role in recommending general policy on the promotion of women’s issues in the constitutional and civil society institutions. It seeks to empower women so that they can play their role in public life, and to include their endeavours in general development programmes and prevent
discrimination against women.
• The Bahraini Institute for Political Development: the Institute was established pursuant to Decree No. 39 of 2005. It holds seminars and runs workshops on the importance of political participation, and raises awareness of political and legal rights among different sections of society.
• The Ministry of the Interior: a human rights committee chaired by the Undersecretary for Internal Affairs was set up. The committee liaises with non-governmental organizations such as the Bahraini Society for Human Rights. A complaints and human rights department was set up at the Ministry to improve the Ministry’s overall performance on human rights.
• The Ministry of Foreign Affairs: the Ministry chairs the National Committee to Combat Trafficking in Persons, whose members include representatives of all relevant State ministries. In addition, the Ministry has its own human rights section.
• The Ministry of Justice: the Ministry of Justice has an institute of judicial and legal studies responsible for the preparation and training of all judges, members of the Public
Prosecution Service and of the Department of Legal Affairs, and legal advisers employed by State institutions. It improves their professional skills and develops their knowledge.
• The Ministry of Social Development: the National Centre for the Promotion of Civic Organizations was established on 10 October 2006 to strengthen and develop the capacities of civic associations in Bahrain in managing their structures and development projects.
• The Ministry of Labour: the Ministry of Labour has established a special department to deal with labour grievances. The Ministry has set up a hotline to respond to enquiries from employers and workers on labour law.
In addition to the above, we should like to mention the following:
• The National Committee for Older Persons: established by Decree No. 1 of 1984, the National Committee for Older Persons includes representatives of relevant governmental and non-governmental organizations and is tasked with formulating general policy on programmes and projects for older persons.
• The National Committee on Childhood: the National Committee on Childhood was restructured pursuant to Decree No. 46 of 2007, which defines the functions and duties of the Committee in regard to children, namely: to pursue all kinds of activities and issues that have a bearing on the educational, social, cultural and psychological development of
children of all ages and to devise a national strategy for children to help organizations with competence for children’s issues to develop and enhance their projects and programmes which serve and protect children’s rights.
• The High Committee for Persons with Disabilities: established pursuant to Decree No. 62 of 2007, the High Committee for Persons with Disabilities includes members representing relevant governmental and non-governmental organizations, and seeks to provide for the welfare of persons with disabilities.
Voluntary pledges
• Bahrain is committed to establishing a national human rights institution at the earliest opportunity, bearing in mind the relevant United Nations resolutions and, in particular, the
• Bahrain is committed to establishing a national human rights institution at the earliest opportunity, bearing in mind the relevant United Nations resolutions and, in particular, the