a. The Constitution
The government has referred constitutional amendments that were agreed in the National Consensus Dialogue to the legislative authority for discussion and passage.
The most salient amendments include: participation of the popular will in the selection of the cabinet through submission of the government's programme to parliament for its approval; transfer of the speakership of the National Assembly to the speaker of the Council of Representatives; the requirement to consult with the speaker of the Consultative Council, speaker of the Council of Representatives, and the president of the Constitutional Court before dissolving the Council of Representatives; and the establishment of rules for the selection of members of the Consultative Council.
b. National laws and legislation
• Family provisions law: The beloved monarch of the country, the King of the kingdom of Bahrain, issued Law No. 19 2009 on Family Provisions (Sunni School) after it was approved by the Consultative Council and the Council of Representatives.
• Activation of article 25 of the Law on the Labour Market Regulatory Authority, and the issuance of Decree 79 of 2009 on Procedures for Transferring a Foreign Worker to Another Employer.
• Decree Law No. 35 2011 amending several provisions of Law No. 33 of 2002 on Workers Trade Unions allows any two or more similar trade unions to establish a trade union federation.
• Law No. 1 of 2008 on the Combating of Trafficking in Persons TIP has been promoted through the establishment of a unit to combat trafficking in persons in the Ministry of Interior, the assignment of a special public prosecutor to investigate TIP cases, and the establishment of a shelter (safe house) for foreign female TIP victims. In addition, a safe house has been designated to shelter homeless foreign women subject to deportation to their countries without being charged in a criminal case to protect them from TIP crimes.
Bahrain is also in the process of establishing a shelter for male TIP victims. A number of TIP cases have been adjudicated, and other such cases are under investigation (one of the commitments mentioned in the first report).
A/HRC/WG.6/13/BHR/1*
c. Draft national laws
• The Bahraini government has referred a new draft law to the legislative authority for study and passage. The law includes a special chapter regulating the work of domestic workers and the like.
• A draft law amending several provisions of the 1963 Nationality Law is currently being discussed with the concerned authorities with a view toward authorizing the granting Bahraini citizenship to the children of Bahraini women married to foreigners according to objective rules and standards that protect the rights of this group and do not conflict with the principle of state sovereignty. The concerned authorities in Bahrain are seeking, in cooperation with the legislative authority, to expedite examination of this draft law.
• Child protection law: The government has submitted a draft child protection law in implementation of the UN Convention on the Rights of the Child. The most salient provisions of the law include raising the age of majority to 18 and establishing the right of children to health and education. The government will work to implement this law in cooperation with the legislative authority.
• Draft law regulating the activity of NGOs: Decree Law No. 21 of 1989 has undergone a number of amendments consistent with the development of the activity of civil society organizations. The most recent such amendment, in 2010, requires the conversion of NGOs into associations. That notwithstanding, the state, desiring to develop NGO activity, has, in cooperation with an international organization, formulated a new draft law on NGOs as an outcome of the visions of the National Consensus Dialogue.
d. National measures and policies
• A centre for the protection of children has been established. It evaluates and monitors children exposed to abuse, physical and psychological harm, neglect, and sexual assault. It provides and facilitates evaluation, investigation, treatment, and follow-up services for such children in coordination with the various relevant government and private entities, and it operates a round-the-clock hotline (child support and help line).
• An National Fund for the Compensation of Victims harmed in the incidents of February-March 2011 has been established under Decree Law No. 30 of 2011.
In addition, Decree No. 13 of 2012 was issued to regulate the fund's operating method. The fund's management comprises five members, including two from the judiciary, two from civil society organizations, and one from the government.
• A national committee has been established to follow-up on the national model for integrating women's needs in development.
• The Supreme Judicial Council has issued rules regulating visits and inspections of prisons, detention sites, and sites where precautionary measures are executed. The visits and inspections are carried out by a group of judicial officials, including the president of the Court of Appeal and members of the Public Prosecution Office. They examine detention and arrest warrants, ascertain that inmates receive decent treatment and the necessary medical and
A/HRC/WG.6/13/BHR/1*
social care, listen to prisoner complaints, and ascertain whether arrests have been conducted legally.
• The Supreme Judicial Council has decreed the establishment of a chamber in the major court and minor court to examine claims for damages arising from the incidents that occurred in Bahrain last year.
• The Ministry of Interior has issued a Code of Behaviour for Police Personnel.
• National Strategy for the Child.
• National Strategy for Persons with Disabilities.
• National Strategy for the Elderly.
e. Official authorities and government organizations concerned with human rights • Public Prosecution Office: A specialized Public Prosecution Office has been
established to monitor the integrity of the enforcement of criminal justice measures and to conduct active investigations according to the Istanbul Principles [Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (2000)] and United Nations Criminal Justice Standards. This is accomplished through training and the necessary consultations regarding the requirements of procedural, administrative, and legislative rules. A specialized office attached to the Public Prosecution Office has been established to handle human rights and detainee affairs and to receive complaints in these areas. It examines and follows up on cases referred to it. It also trains the judicial apparatus and members of the Public Prosecution Office to help them prevent and eliminate torture and abuse. A special investigation unit attached to Public Prosecution Office has also been established. It has jurisdiction to investigate, take action in, and determine liability in crimes of torture, injury, and abuse committed by government officials.
• Ministry of Interior: A Complaints and Human Rights Department was established in 2004. It receives complaints against ministry employees. It handles the complaints with complete transparency, referring them to the Legal Affairs Department to ascertain the legality of measures taken. A Human Rights Committee was established in 2005 to be concerned with human rights issues. It prepares training courses and lectures on the enforcement of laws and measures concerning human rights. An independent Office for the Secretary-General of Grievances has been established in the ministry. It receives and examines complaints submitted to any agency against members of the general security forces. It is currently preparing a study on the creation of a structure for a public inspectorate based on the recommendation of the Bahrain Independent Commission of Inquiry. The Ministry of Interior has also signed an MOU with the International Committee of the Red Cross. The MOU provides for: ICRC visits to Bahraini prisoners to ascertain whether the Prison Administration is observing the minimum rules for treating prisoners; the ICRC's provision of support and guidance to the ministry to avoid any shortcomings in this regard; and the ICRC's provision of training in human rights rules and standards for the treatment of prisoners. The ICRC is currently conducting a field visit to implement the MOU. In addition, the Ministry of Interior is on the way to signing an MOU with the United Nations Office on
A/HRC/WG.6/13/BHR/1*
Drugs and Crime to build the capacity of police officers to fight crime within the framework of international human rights standards.
• The Ministry of Human Rights and Social Development: Decree No. 60 of 2011 changed the name of the Ministry of Social Development to the Ministry of Human Rights and Social Development. The decree also created the human rights sector.
• The Ministry of Education: The Ministry of Education has formed a team to prepare an educational working plan in the area of human rights to support educational curricula and strengthen the culture of human rights. The goals of the plan are to:
o Develop awareness of the values of citizenship and human rights among students, teachers, and school administrations.
o Disseminate the values of citizenship and human rights in the school environment.
o Prepare teaching and training aids and place them at the disposal of instructors and teachers.
o Deepen human rights concepts in educational curricula.
The plan is being activated in academic year 2011-2012. A number of activities have been carried out to:
o Plan the integration of human rights education in all sectors of the educational system in Bahrain.
o Design teaching, learning, evaluation, and educational activities consistent with the goals of human rights education.
o Develop a schedule for the development of the school environment to harmonize with the goals of human rights education.
o Build the capacities of leaders in education who are concerned with human rights.
o Disseminate a culture of human rights education and human rights practices in schools and outside schools among parents and in the media.
o Develop a guide for teachers involved in human rights education (one of the commitments in the first report).
• The Supreme Council for Women: The general secretariat has been restructured and the Women's Grievance Centre has been updated, so that it is now an integrated women's support centre providing for the needs of women in various groups, including divorced, abandoned, nursing, head-of-household, and battered women. The centre provides counselling and guidance services, family problem prevention and treatment services, legal aid, legal counselling, and other important functions.
• The National Foundation for Human Rights: Royal Decree No. 46 of 2009, issued on 11 November 2009, establishes the National Foundation for Human Rights and provides for its operating budget. The foundation's members were
A/HRC/WG.6/13/BHR/1*
appointed in April 2010, and its general secretary was appointed in December 2010 (one of the commitments in the first report).
f. National machinery for strengthening and protecting human rights:
• The National Committee for Following up on and Implementing the National Model for Integrating Women's Needs in the Government's Work Programme: This committee is the machinery for national follow-up. It will strongly support the efforts being made in this regard to transform the integration concept into a tangible reality that takes into account the needs of both men and women in the development system.
• The High Human Rights Coordinating Committee: The concerned ministries participate in this committee, which examines correspondence concerning special human rights measures and the machinery associated therewith. The committee studies topics relating to the protection and strengthening of human rights, and it arranges the prompt preparation of responses to such correspondence (one of the commitments in the first report).
• Supervisory Committee for Monitoring Implementation of Voluntary Commitments, Recommendations, and Outcomes Pertaining to the UPR:
This committee was established after Bahrain's first UPR report to the Human Rights Council was adopted. Its members include representatives from each ministry, government institution, and civil society organization and from the National Foundation for Human Rights and the UNDP office in Bahrain. It monitors implementation of voluntary commitments, outcomes, and recommendations pertaining to the UPR (one of the commitments in the first report).
• National Committee for the Development of Education and Training: The committee supervises quality assurance regarding educational outputs and the compatibility of educational outputs with the labour market.
• National Committee for the Care of Persons with Disabilities: The committee--whose members include representatives of the relevant government agencies and civil society organizations-- is concerned with the affairs of persons with disabilities.
• National Committee for the Care of the Elderly: The committee--whose members include representatives of the relevant government and nongovernmental entities--prescribes public policies for programmes and projects relating to the elderly.
• National Committee for Childhood: The committee's members include representatives of the relevant government entities and civil society organizations. It is concerned with everything related to the affairs of children.
• National Committee to Combat Trafficking in Persons: The committee comprises government agencies and civil society organizations concerned with combating trafficking in persons (one of the commitments in the first report).
• Committee to Follow up on Foreign Victims of Trafficking in Persons: the committee comprises government agencies concerned with providing the necessary care and assistance to foreign victims of trafficking in persons (one of the commitments in the first report).
A/HRC/WG.6/13/BHR/1*
• National Team for Monitoring the Convention on the Elimination of Discrimination against Women: The Supreme Council for Women formed a team, whose members include representatives of ministries, official institutions, and the National Foundation for Human Rights.
g. Non-governmental organizations
Decree Law No. 21 of 1989 regulates the activity of NGOs. The government has also prepared a new draft law which regulates the activity of civil society organizations and which is more evolved than the previous law. In addition, the Ministry of Human Rights and Social Development has implemented a comprehensive policy to ensure the provision of technical, logistical, and financial support to nongovernmental organizations in various fields, including institutional support, to enable them to play a leading role and to train and qualify their staff in NGO activity areas. The ministry also financially supports NGO development projects that serve society as well as the Community Partnership Programme, which qualifies NGOs to be active partners with the ministry in running various social institutions. As of January 2012, the number of registered non-governmental associations and organizations totalled 569, including national and foreign organizations and non-Muslim houses of worship. The human rights associations in Bahrain include the following:
• Bahrain Human Rights Society.
• Bahrain Society for General Freedom and Support of Democracy.
• Bahrain Society for Monitoring Human Rights.
• Bahrain Transparency Society.
• Bahrain Jurists Society.
• Society for Human Rights Principles.
• Observatory for Human Rights
• Society of Man
• Human Rights Dignity Society
• Manamah Centre for Human Rights
The Ministry of Human Rights and Social Development also supports NGOs through the following support programmes:
1. Technical support programmes for NGOs (National NGO Support Centre). The following come under the umbrella of these programmes:
• Evaluation of the institutional capacities NGOs through field visits to NGOs to assess institutional performance and prepare an analytical report on each organization's performance and a pilot plan to develop institutional performance.
• Organization of training programmes for NGOs based on their actual needs, future development plans, and priority needs.
• Provision of technical advice to NGOs as needed.
• Support of the institutional capabilities of partner organizations.
A/HRC/WG.6/13/BHR/1*
2. Financial support programmes for NGOs (NGO Support Fund). The following come under the umbrella of these programmes:
• A programme for annual financial grants provided by the Ministry of Social Development in cooperation with a group of national institutions in the private sector.
• A programme to monitor development projects that have received financial grants in previous years.
3. Programmes to provide facilities for use by NGOs and various departments of the ministry to hold various meetings and training programmes.
4. Logistical support, including the provision of buildings and land for NGOs.
5. Community partnership programmes with NGOs (one of the commitments in the first report).