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The
formation of the Human Rights Committee of the Bahrain Consultative
Council in October 1999, six months after H.H. the Amir, Shaikh Hamad
Bin Isa Al Khalifa, ascended to the throne, was part of an overall
atmosphere of openness and liberalization in Bahrain, both politically
and economically. The most salient features of this development was the
enhancement and consolidation of the institutional State and opening and
creating new avenues and channels for citizens to enable them to
exercise their rights and enhance these rights.
The Committee
has powers and prerogatives which are not less than those of any similar
human rights committee or organization. The most important of these
powers and prerogatives are following up human rights and advocating
their protection and proposing the appropriate solutions. It also
reviews legislation and regulations in force in the State of Bahrain, in
respect of matters which are part of human rights and recommends changes
as it deems necessary.
The assessment
of the activities and accomplishments of the Human Rights Committee
seems to be a colossal task, particularly when the experience is new,
and that the complaints and grievances reported to it are still limited.
The Committee during the past period has focused its activities
virtually on laying down its Bye-Laws and on promoting itself both
locally and internationally. In addition, the fact that the Committee
treats many of the investigation it conducts as confidential makes the
assessment task more difficult.
The Human
Rights Committee has submitted a number of recommendations to the
concerned authorities, which have acted on a number of them, and are
still studying some others. Some of the Committee's most remarkable
achievements over the past period have been the release of a number of
detainees, the reinstatement of many of them to their former jobs and
the return of a number of citizens who used to live abroad. Among those
achievements were also Bahrain's accession to one of the Human Rights
conventions and urging the competent authorities to examine another one,
in addition to submitting a number of recommendations in respect of the
legislation in force in Bahrain to enhance human rights.
Furthermore,
the Committee has held a number of meetings with some international
bodies concerned with human rights. These activities can be summed up as
follows:
First: Following up Human Rights issues of
Bahrainis and championing them
In this
framework, the Human Rights Committee has received 48 letters from
citizens, of different contents, in which the applicants solicited the
Committee to discuss matters related to the detention of their
relatives, enforcement of final judicial orders against them,
facilitating the return of some others from abroad or helping others to
obtain Bahraini passports. The Committee studied every letter
separately, reviewing the dimensions of the problem which is subject of
the complaint and approaching the party concerned with the problem in
order to comprehend all the aspects and dimensions of the subject, with
due regard to all views. The concerned bodies dealt with the issues with
full transparency, clarity and openness, by providing all the necessary
information and data.
In the course
of discussing these grievances, the Committee put forward a number of
suggestions which were conveyed to Bahrain's leadership and the
competent authorities, which were taken very seriously. These included:
1) To quickly review the status of the detainees and to release those
who have not been charged, while putting those indicted to trial in a
speedy manner. The leadership has paid due attention to this issue and
responded to the Committee's recommendations with a great deal of
open-mindedness. To this effect, the Amir issued a number of orders
releasing scores of detainees for humanitarian considerations, exceeding
900 persons. There are other cases being examined, and the detainees
will be released according to statements made by authoritative sources.
2) To allow the return of all the detainees to be reinstated into their
former jobs. The Government has also taken this into consideration and
consequently the Prime Minister, Shaikh Khalifa Bin Salman Al Khalifa,
has instructed the Government organizations and agencies and the private
sector to provide job opportunities for them. A committee was formed at
the Ministry of Labour and Social Affairs to put these directives into
action, and the Employment Bureau at the Ministry undertook a number of
measures to provide professional and psychological counseling to these
people and thus provide them with special care. The formalities related
to their return were expedited, without passing through the ordinary
process which other job seekers usually follow. Statistics indicate that
most of those who were affected were around 24 years of age, and each
category was dealt with separately, as follows:
(a)
Some of them were studying, and they were convinced to return to their
schools and educational institutions. While some were convinced, others
were given the necessary training and qualification at Bahrain Training
Institute and other training institutions to find suitable jobs for
them.
(b) Some others were working in government departments, and most of them
were reinstated into their jobs after the Prime Minister's instructions.
(c) The third group included those who were working in the private
sector, and the companies in which they were working agreed to reinstate
them after letters were sent to them to this effect from the Ministry of
Labour and Social Affairs.
(d) The fourth group included those who were jobless, and most of them
were placed in suitable jobs.
Statistics indicate that the majority of those who were released until
the end of 1999 have been employed, while there are tireless efforts to
employ those who were released after that date.
3) To
facilitate and speed up formalities and remove obstacles which hinder
the return of Bahrainis living abroad. The Committee's efforts were in
concordance with the leadership's desire, and hence Amiri orders were
issued allowing Bahrainis living abroad to return to the homeland.
Statistics show that the number of those who have returned by virtue of
Amiri orders has exceeded 100. After their return, the Government
provided them with many facilities in the form of warm welcome and
speeding up of their formalities and providing them with job
opportunities. The Committee is now examining other cases.
4) To remove administrative obstacles and red tape that impedes the
enforcement of final court orders. The Committee has received letters in
which the complainants said they have been adversely affected as a
result of such judgments not being enforced. After examining them and
inquiring with the concerned authorities, the Committee concluded that
there are some administrative obstacles which hinder the enforcement of
these judgments, and hence recommended the removal of such procedures.
The
Committee is currently receiving grievances from citizens which are
within the scope of its powers and responsibilities. During its meeting
held on 16 October, the Committee decided to hold weekly meetings during
the months of November and December to study and examine the matters put
before it in order to process them speedily.
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Second: Examining the Legislation in Force concerning Human Rights
In
spirit with the Amiri Order which was issued setting up the Committee,
the Committee has studied a number of legislation and laws in force in
the State of Bahrain, in terms of the matters which are related to human
rights and suggested effecting some changes which it deemed necessary in
this respect. The Committee has started to examine the legislation
related to women's issues in order to clear it of any discrimination
against them in favour of men, but without prejudicing the age-old
traditions, norms and customs. The Committee recommended that the
following measures be taken to give more justice to women and safeguard
their rights:
a) To quickly enact the Personal Status Law in order to organize the
relationship with various parties in the society. Relationships between
men and women are now determined, under the current legal system, by
some customs and traditions. The Government has responded to this
suggestion, and the Minister of Justice and Islamic Affairs stated on 10
August 2000 that a draft Personal Status Law is now under study. He said
the draft law is important for both the judge and the public in general.
He noted that the Shari'a Courts in Bahrain are of two types: Sunni and Ja'afri, and that the Ministry is trying, in co-operation with judges,
to lay down a common framework in order to enact a law that would guide
the courts, and that all this is now under study.
b) To amend housing decrees and orders (Order No. 10 of 1976 and the
Order issued on 5.4.1976) which allow men only to obtain houses, in
order to put both men and women on equal footing of treatment.
c) To amend Law No. 11 of 1975 in respect of granting women independent
passports without the need for consent of their husbands. The Committee
suggested that the current procedure contravenes the rights granted in
the Constitution for both men and women to travel freely, and hence
suggested that this paragraph be repealed.
The Committee is currently examining all the legislation related to
human rights and is reviewing them before reports are submitted to the
Amir and the Prime Minister to take necessary action and thus enhance
the supremacy of the law and do justice.
d) The Government has responded to the Committee's recommendations in
respect of acceding to a number of human rights conventions. In this
respect, it ratified the International Convention for Banning
Discrimination in Employment and Occupation on 20.4.2000, a move which
has won the Committee's commendation and praise.
The
Committee also recommended that Bahrain accede to the Convention
Eliminating all forms of Discrimination against women, while placing
reservations on everything that contravenes religious beliefs. In this
respect, the concerned authorities confirmed that the convention is now
being studied.
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Third: Furthering and Strengthening contacts with Organization concerned
with Human Rights
The
Committee has been seeking to strengthen its contacts and ties with the
international organizations concerned with human rights, considering
that this is one of its prerogatives assigned to it in the Amiri Order.
In this framework, the Committee has held a number of meetings with
Haleema Mubarak Al Wirazari, member of the UN sub-committee in charge of
promoting and protecting human rights in Geneva, Michael Harthman,
expert of criminal judiciary and American legal rights, Farooq Abu Isa,
the Secretary General of the Arab Lawyers Union, Faysal Abdul Qader, the
UN Resident Representative in Bahrain State, and others. During these
meetings, the Committee discussed ways and means of advocating,
promoting and protecting human rights in Bahrain State and how to enhance the
Committee's efforts.
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Fourth: Participating In Human Rights Meetings
The
Committee's powers and duties include participation in seminars,
conducting research and undertaking studies on human rights issues and
taking part in Arab and international parliamentarian meetings in this
respect.
Given
the Committee's nascence and young age, it has so far participated in
limited meetings abroad. Its activities include participation in the
meetings of the UN Human Rights Committee in Geneva on 20 April 2000,
the steps taken to register the Committee with the UN and also its
participation in the UN sponsored conference in conjunction with the
Tunisian Parliament on Arab Women on 18 November 1999.
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Fifth: Future Projects and Plans
In
October 2000, the Committee drew up a plan for the next stage. Its
chairman also asked the members to put forward a plan each, defining his
visualization on how the Committee should carry out its task as
efficiently as possible. The Committee decided to look into public
grievances and study them in order to find the proper solutions in
co-operation with the concerned ministries and authorities.
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