Running Head: HUMAN RIGHTS

Human Rights’ implementation in the Kingdom of Bahrain

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Human Rights’ implementation in the Kingdom of Bahrain

Introduction

The Bahrain kingdom, since 1999 has undertaken a main program of reform,

emphasizing on economic and political development, and the promotion and protection of human

rights that are protected by and enshrined in its constitution and would pursue this focus in the

future. The Bahrain kingdom is committed to keeping the law for its people prosperity and to

protecting fundamental freedoms and human rights. All the national programs and policies

include, and would continue to include the dimensions of human rights. The women role has

been promoted by Bahrain that it sees as vital in society. Moreover, women have their complete

political rights and stood and voted as participant in the 2002 Municipal and Parliamentary

elections (Nakhleh, 2011 ).

In Shura Council, women are presented and it has accomplished the highest position in

private as well as public sector. Established in year 2001, the Women Supreme Council along

with several non-governmental societies of women and other companies, are adopting innovative

approaches for the empowerment and advancement of women socially, economically, and

politically. The non-governmental sector and civil society are also developing. Up to three

hundred and sixty eight non-governmental companies have been developed within an apparent

legal framework, consisting of several groups of human rights, among which are society of the

Bahrain human rights that carried out recently the Amnesty International’ local branch and

inspection of prisons of Bahrain (Nakhleh, 2011 ). Compared with the 1990’s mid civil unrest

period, in Bahrain the situation of human rights in last 2 years has witnessed vital improvements.

For example, there are very few reports of ill-treatment and torture or arbitrary arrest cases.
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Discussion

Bahrain is studying actively becoming the International Covenant party on cultural,

social, and economic rights and also the International Agreement on Political and Civil Rights, of

which the Bahrain Government has denoted as Parliament. The Bahrain has sustained to

financially contribute to the UN commissioner office for human rights and to other programs

also on a current basis. These contributions are aimed to reinforce the Office work and

implementation of programs of human rights. Where possible, the Bahrain would continue these

contributions in the future. Also the Bahrain government is cooperating with the mechanisms of

UN special human rights and also the UN high commissioner office for human rights that have

caused visits from Mrs. Mary Robinson, the ex-high commissioner in year 2002, and from

Arbitrary Detention working group in year 2001. Bahrain predicted a visit in near future from the

“Special Rapporteur on Trafficking in Persons”, as part of its dealing with trafficking in person

campaign and in an international cooperation spirit. Moreover, Bahrain is devoted to the 60/251

UN general Assembly resolution that created the council of human rights having elected to the

council membership, would help in creating a commitment for the human right’s cooperation and

conducive international atmosphere (Nuruzzaman, 2015).

By its council membership, the Bahrain is committed to help the machinery of UN

human rights, including the UN high commissioner office for human rights. Furthermore, the

Bahrain is committed to the consultation principles and cooperation and dialogue with all the

members of UN, and in particular members of human right council, in the spirit of openness and

transparency, to strengthen fundamental freedoms and human rights worldwide. As it has done

always, Bahrain would continue to promote solidarity, tolerance, and respect. With non-

governmental companies, the Bahrain would continue its coordination and cooperation that are
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honest partners in general in developing the council work and in particular on human rights.

Within the global community, the Bahrain would perform with other actors to strengthen and

develop human rights by the implementation of standards and principles of human rights

enshrined in international and national agreements (Nuruzzaman, 2015).

Impunity, ill-treatment and torture

The torture use is prohibited clearly by Bahraini legislation. The constitution Article

19(d) states that “No person is subjected to the mental or physical torture, degrading or

enticement treatment and for these acts the law shall give the penalty”. Moreover any confession

or statement shall be void or null if it is showed to have been prepared under enticement or

duress or degrading threat or treatment thereof. It was stated by Penal code article 208 that

“imprisonment shall be the punishment given to all public officials who threat or force, or

torture, either by a third party or personally, against any accused individual, expert or witness to

pressurize him to declare to having conducted any crime or in respect thereof give information or

statements. The punishment shall be the imprisonment of life that should be the torture use or

pressurized lead to the death”. Notwithstanding these provisions, the torture use against detainees

in order to excerpt confessions has been prevalent, specifically from year 1994 until year 1997

during the “civil unrest” (Friedrich, 2011).

In custody a number of prisoners died in situations suggesting that torture was the

contributory factor and their death was resulted by torture. The torture methods include: forced to

stand still for hours with solitary confinement and hands tied behind back, victim beings

blindfold, and suspension by their limbs, and severe beating on soles of victim feat and on their

back with electric cables. Over the years amnesty international has raised with Bahrain
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government, its worries about torture allegations and ill-treatment of people in detention and it

has released urgent appeals and published numerous reports detaining torture cases, specifically

during the “civil unrest” (Friedrich, 2011).

Promote gender equality and human rights

It is believed that Bahrain is the state party for all the main treaties of UN human rights.

Though the institutional and legislative framework for the international human rights regulation

observance is in place mostly, implementation needs greater consistency. The partnership of the

UN would help to institutionalize and develop new capacities to apply the references of

mechanisms of UN human rights. The equality between men and women is guaranteed by the

constitution without breaching the Islamic canon law provisions (Article 5, Shari’a).

Furthermore, Bahrain is a CEDAW participant, with reservations on different articles as they are

considered as non-compliant with the law of Shari’a (Katzman, 2010). With respect to the

women’s empowerment and gender equality, in year 2016 Bahrain has a value of gender

development index “GDI” of 0.970 signifying low disparity among men and women for the

dignified indicators: a decent living standard, knowledge, and healthy and long life. Currennt

achievements consist of a new “family law (No. 19 for 2017)”, which improves the women’s

legal status and unites personal status laws and a new rule on “violence against members of

family (No. 17 for 2015)” (Ruggie, 2015). Bahrain is on forty seventh number among one

hundred and fifty five states with respect to the gender inequality index score of 0.233. Bahrain

was ranked 131 out of 144, according to the “Global Gender Gap Index 2016”, because of the

fewer chances for economic involvement for women. The United Nations would continue to

perform with Government as well as other partners in order to contribute to the GOB capacity for
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gender-responsive programming and gender analysis and to promote equality of gender across all

working areas. The United Nations system agencies could support GoB to implement and

develop inclusive labour market codes and policies for female-friendly workplaces, in order to

increase the women population in the workforce (Watkins, 2008).

Sexual Orientation, Women’s Rights, and Gender Identity

The law of Bahrain discriminates against the women in divorce right and Bahraini

nationality transmission to their kids on a similar basis to men. The penal code article 353

exempts culprits of rape from punishment and prosecution if they wed their victims. Parliament

of Bahrain proposed a complete repeal of that law in year 2016; however the proposal was

rejected by the cabinet. The penal code Article 334 reduces the perpetrator’s penalties of so-

called honor misconducts. Sexual and adultery relations outside marriage relation are

criminalized. However no laws forbid discrimination on the basis of sexual orientation, gender

identity, or sex (Watkins, 2008).

Key International Actors

In Yemen, Bahrain pursued to take part in coalition military operations led by Saudi

Arabia. The state department, on March 23 stressed the main Bahrain role played in the Gulf

region’s security architecture, stating the kingdom was important partner of the US in main

defense actions as well as giving support in countering terrorism. In Bahrain, a main naval base

is maintained by the US. In year 2018, the two main weapons sales were approved by the state

department to Bahrain (Al Gharaibeh, 2011). It approved on April 27th, the AH-1Z attack

helicopters sale, other military equipment as well as missiles to Bahrain, for a calculated 911.4
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million dollars (Sweeney, 2009). The state department, on May 17th approved a deal of worth 45

million dollars that included thirty two hundred bomb bodies in order to arm F-16 fighters fleet

of Bahrain. The state department, as of November, had approved five main weapons sales in

2018 to Bahrain worth an approximately 1.4 billion dollars. This arms sales resumption came in

March 2017 after the United States lifted the conditions of human rights that the administration

of Obama had devoted to a sale of F-16 jets worth 2.8 billion dollars to Bahrain.

On June 14th a resolution was passed by the European Parliament on the situation of

human rights in Bahrain that entitled government to free all human rights defenders and political

activists, including Nabeel Rajab. Moreover, it called for end to the civilians’ military trials and

for the official suspension on all executions. It criticized the citizenship stripping as a reprisal

means and condemned the many death sentences (Al Gharaibeh, 2011). Furthermore, in his last

speech to the council of UN human rights in June 18, Zeid Ra’ad Al-Hussein, ex-high

commissioner of UN for human rights states that Bahrain pursued to refuse the special processes

unconditional access and his office to the state “amid constant crackdowns on legislation and

civil society that restricts further the fundamental rights of people”. Michelle Bachelet, high

commissioner, successor of Zeid decried on September during her statement at HRC’ thirty ninth

session, the greater number of revocation of citizenship cases and termed for all human right

guard’s release who are arbitrarily detained currently, including Nabeel Rajab (Joseph, 2012).

Positive development of human rights

In the field of human rights the government of Bahrain has taken several practical steps

and positive legislative steps, including the several political prisoners’ release, the human rights

unit setting within the Consultative Council, enabling a larger margin of expression freedom and
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giving right to the women to stand as candidates and vote in future elections for first time. The

Amir in October 1999 issued a decree approving the creation of a committee of human rights

within the “Majlis al-shura”. It was stated by Article two of the decree that the committee would

include six members, in which five members would be elected by Majlis at the start of all Majlis

session and the council president appoints one of two deputies as 6th member and as the

committee head also. The tasks of human right committee, according to the verdict include

studying all regulations and legislation of human rights in Bahrain, suggesting improvements to

protect the human rights, strengthening and establishing cooperation with the international

human rights companies, the promotion of awareness of human rights, and protect human rights

(Stork, 2011).

The UN convention was ratified by Bahrain against Punishment or Degrading or inhuman

Treatment and torture in 1998, with a reservation initially to the Article number twenty. The

Bahraini government was urged by Amnesty International to ratify other important treaties of

international human rights, specifically the “International Covenant on political and civil rights”.

Amnesty international delegates in June 1999 visiting Bahrain saw little evidence that Bahrain

government had conducted any campaigns of raising public-awareness regarding its sanction of

treaties of international human rights. The company is advising the authorities to develop

programs of sensitization with respect to the rights secured by these instruments, safeguards that

are shown in domestic rule and means in which people can access courts to get compensation of

these rights. Moreover, training of human rights for law enforcement workers is vital. These

positive steps commenced by government of Bahrain has welcomed by Amnesty International in

recent years in the field of human rights. Though, the company remains worried by severe

violations, including administrative detention use, forcible constraints and exile on defenders of
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human rights, allegations of ill-treatment and torture, and unfair trials before Country Security

Court. These concerns have been raised by Amnesty International with the authorities of Bahrain

for several years and for action the time is now overdue long (Louër, 2013).

Conclusion

In overall situation of human rights a steady improvement has emerged in Bahrain as an

outcome of civil decisions and unrest end taken by Bahrain government in the protection and

promotion of human rights. Amnesty international, while acknowledging such positive

developments, is concerned that violations of human rights, in the arbitrary detention form,

reports of ill-treatment and torture, forcible exile and unfair trials continue to happen. The

Bahrain government is urged to introduce education programs of human rights at all education

levels and start a comprehensive awareness program of human rights making use of media, in

order to ensure that all Bahrain citizens are acknowledged of their human rights as ensured by

international treaties and UDHR ratified by Bahrain.

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References

Al Gharaibeh, F. (2011). Women’s empowerment in Bahrain. Journal of International Women's

Studies, 12(3), 96-113.

Friedrich, M. J. (2011). Human rights report details violence against health care workers in

Bahrain. Jama, 306(5), 475-476.

Joseph, S. (2012). Social media, political change, and human rights. BC Int'l & Comp. L.

Rev., 35, 145.

Katzman, K. (2010). Bahrain: Reform, Security, and US Policy (Vol. 95, No. 1013). Diane

Publishing.

Louër, L. (2013). Sectarianism and coup-proofing strategies in Bahrain. Journal of Strategic

Studies, 36(2), 245-260.

Nakhleh, E. (2011). Bahrain: Political development in a modernizing society. Lexington Books.

Nuruzzaman, M. (2015). Rethinking foreign military interventions to promote human rights:

Evidence from Libya, Bahrain and Syria. Canadian Journal of Political Science/Revue

canadienne de science politique, 48(3), 531-552.

Ruggie, J. G., & Nelson, T. (2015). Human Rights and the OECD Guidelines for Multinational

Enterprises: Normative Innovations and Implementations Challenges. Brown J. World

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Stork, J., Beinin, J., & Vairel, F. (2011). Three Decades of Human Rights Activism in the Middle

East and North Africa. Social Movements, Mobilization, and Contestation in the Middle

East and North Africa, 83-106.

Sweeney, G., & Saito, Y. (2009). An NGO assessment of the new mechanisms of the UN Human

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Watkins, J. L. (2008). The Right to Reparations in International Human Rights Law and the Case

of Bahrain. Brook. J. Int'l L., 34, 559.