In a letter addressed on May 19, 2004, to the King Hamad Bin Issa Al Khalifa of Bahrain, the International Federation for Human Rights (FIDH) expressed its concern at the deterioration of the human rights situation in Bahrain.
The FIDH has been informed of the arrest and detention of several political activists in Bahrain on the basis of collecting signatures fo a constitutional reforms petition addressed to King Hamad Bin Issa Al Khalifa. The petition was criticising the constitutional amendments adopted in 2002 and requesting more powers to be attributed to the elected members of the parliament.
On 30 April 2004, 17 Bahrainis were arrested for collecting signatures. On 6 May, 5 other activists were arrested in their homes. A Constitutional Petititon Detainees Committee was constituted, whose spokesman, Mr. Abdullah Al Sabea, was arrested in an attempt to stage a protest opposite Government house on 9 May. He was released on bail as were several others, and three people were released free of charge. 11 people remain in prison to date.
The 20 activists were charged with attempting to overthrow the political system (article 160 of 1976 Penal Code); encouraging hate of the State (article 165); using illegal means to try to petition His Majesty King Hamad (article 166); distributing falseness and rumours (article 168). These charges may lead up to life imprisonment. “These arrests violate freedom of expression, as embodied by the Universal Declaration on Human Rights and other international instruments, it also contradicts the Bahrani constitution which states that citizens are entitled to take part in Public affairs (article 1.c) and which guarantees freedom of opinon (article 23)”, said Sidiki Kaba, the President of the FIDH.
Further, the FIDH learnt with great concern that on May 16, the Bahrain Center for Human Rights (BCHR), who has been defending the rights of the arrested political activists, received a letter from the Minister of Labour and Social Affairs threatening to withdraw the Center’s licence would it continue its political activities, as it contradicts Law No 21 of 1989 on Societies. In October 2003, the BCHR had already received a warning.
Moreover, the latest issue of Al-Mushahid Assiyasi (9-15 May 2004) - an arabic magazine published in England -, covering the recent petition, was confiscated by the Bahraini authorities.
The FIDH called on the Bahraini authorities to:
Release detained activists and drop charges against them, as these sanction their exercice of freedom of expression;
Reform the Societies law of 1989 in order to conform with the Declaration on Human Rights Defenders adopted by the UN General Assembly on 9 December 1998;
Reform the 1976 Penal Code in order to guarantee freedom of expression;
Ratify International Human Rights Instruments, including the International Covenant on Civil and Political Rights of 1966;
Background
Political parties are not allowed in Bahrain, however, several societies conducting political activities are tolerated. Under the past years, Bahrain witnessed a certain improvement in the human rights situation, for example, in 2001, human rights societies were allowed. In spite of progress of political participation, the past restrictive laws have not been abrogated. In particular, law No. 21 of 1989 on Societies provides a rather restrictive framework prohibiting political activities and overseas links and allowing the Minister of Social Affairs to appoint managment of a society or close down any society temporarily (article 50). The 1976 Penal Code also includes many articles allowing for repression of activities of societies, and of press freedom. Indeed, prior authorization is requested for any activity and gives the executive power to take direct administrative measures against societies.
The Constitutional amendments adopted in Bahrain in 2002 and challenged by the said petition, established an appointed chamber with similar powers as the elected chamber and increased the powers of the King. Four societies, the National Democratic Action, the Islamic Action, Al Wefaq National Islamic, and the National Democratic Coalition had expressed their intention to organise a public gathering on 21st April 2004 to launch the constitutional reforms petition, adopted by a number of lawyers and activists following a conference held on 14-15 February 2004. On April 6, 2004, the Minister of Labour and Social addressed the said societies threatening them of legal action if these societies carried out the meeting.