Bahrain's Human Rights: Solutions For A Brighter Future

Bahrain's human rights record has been described as dismal by Human Rights Watch, with reports of torture, forced disappearances, and the marginalization of the native Shia Muslim population. The government has been accused of suppressing protests, targeting Shia clerics, and denying basic rights to stateless people.

In recent years, there have been reports of arbitrary arrests, censorship, and restrictions on freedom of expression, assembly, and association. The government has also been criticized for its treatment of prisoners, with reports of inhumane conditions, denial of medical care, and failure to investigate allegations of torture.

While Bahrain has taken some steps to address human rights concerns, such as releasing some prisoners and improving prison conditions, serious issues remain. The country's political opposition and human rights activists continue to face repression, and the government has been accused of failing to hold officials accountable for human rights abuses.

International organizations, such as Human Rights Watch and Amnesty International, have consistently raised concerns about the human rights situation in Bahrain and called for greater respect for fundamental freedoms and the protection of human rights defenders.

Torture and other ill-treatment

History of Torture in Bahrain

Bahrain has a history of using torture, particularly during the State Security Act era from 1974 to 1999. This period saw the routine practice of torture, with individuals detained at demonstrations and public gatherings being subjected to various forms of abuse. The issue of immunity for past violations has been a concern, with a 2002 royal decree granting amnesty to state security officers involved in human rights abuses. Despite international condemnation and calls for reform, no alleged perpetrator has been tried for torture or ill-treatment.

Current Situation and Recent Incidents

While there was a decline in reports of torture and ill-treatment in recent years, it remains a serious issue. Here are some recent incidents and patterns:

• Inadequate Medical Treatment: Imprisoned human rights defenders, such as Abdulhadi Al-Khawaja, have been denied adequate medical treatment. Authorities have arbitrarily cancelled hospital appointments and subjected individuals to long waits in harsh conditions while shackled and without ventilation.
• Prison Conditions: Overcrowding and poor sanitation in prisons like Jaw Prison and the Dry Dock Detention Center have led to health risks and the spread of infections.
• Hunger Strikes: In August and September 2021, hundreds of Shia prisoners staged a hunger strike to protest their ill-treatment, including being kept in their cells for 23 hours a day and restrictions on religious ceremonies. This strike led to some concessions from prison authorities.
• Physical Assault and Pepper Spraying: There have been reports of guards physically assaulting and pepper-spraying prisoners, such as the incident involving Ahmed Jaafar at Jaw Prison in August 2021.
• Coerced Confessions: Torture has been used to coerce confessions from detainees, with techniques including beatings, electric shocks, and suspension in painful positions.
• Targeted Groups: Shia prisoners and critics of the government, such as Shia cleric Mohamed Sanqoor, have been particular targets of ill-treatment and repression.
• Lack of Accountability: Despite some investigations and concessions, there is still a lack of accountability for torture and ill-treatment. Oversight mechanisms are not independent, and Bahrain has denied access to international rights monitors and UN special procedures.
• Death Row and Executions: There are currently 27 individuals on death row, 25 of whom are at imminent risk of execution. Bahrain ended a moratorium on executions in 2017 and has carried out several since then, despite concerns about unfair trials and coerced confessions.

Freedom of expression

Bahrain has been criticised for its treatment of human rights defenders, journalists, and opposition leaders, with the government often targeting these individuals for their social media activity.

Bahrain has been criticised for its suppression of online and social media activity, with the government prosecuting several public figures for their posts on social media. In May 2019, the Interior Ministry declared that it would prosecute people who follow "inciting accounts" or share their posts on Twitter.

In 2020, the government escalated its suppression of online activity, prosecuting several public figures for their social media activity. These include prominent lawyers Abdullah Al Shamlawi and Abdullah Hashim.

Independent Media

All independent Bahraini media have been banned from operating in the country since 2017, and all opposition groups have been dissolved. Foreign journalists rarely have access to the country, and international rights groups are routinely denied access.

Nabeel Rajab, one of Bahrain's most prominent human rights defenders, was released from prison in June 2020 to serve the rest of his five-year sentence under the alternative sanctions law. His conviction arose from his 2015 tweets alleging torture in Jau Prison and criticising Bahrain's participation in the Saudi-led military campaign in Yemen.

In May 2022, police summoned a Shia cleric, Mohamed Sanqoor, for giving a sermon criticising what he described as the inhumane treatment of prisoners. Authorities interrogated him for three days before releasing him without charge.

In December 2021, authorities detained opposition activist Ebrahim Sharif for tweets condemning the government's policy on Israel, Palestine, the USA, and the Red Sea. He was released a week later, with the prosecution suspended but the charges not dropped.

In March 2022, authorities arrested Hajer Mansoor, Ali Muhana, Muneer Mushaima, and Najah Yusuf – all former prisoners or family members of prisoners – for peacefully protesting next to Bahrain's Formula 1 racetrack. They were released after several hours without charge.

Freedom of religion and belief

Background

Bahrain's constitution states that Islam is the official religion, and Sharia law (Islamic law) is the principal source for legislation. Article 22 of the constitution provides for freedom of conscience, the inviolability of worship, and the freedom to perform religious rites and hold religious parades and meetings, in accordance with the customs observed in the country. However, the government has placed some limitations on the exercise of this right.

Restrictions on Religious Freedom

The Bahraini government's policy and practices contribute to the generally free practice of religion. Members of other religious groups who practice their faith privately do so without interference from the authorities and are permitted to maintain their places of worship and display religious symbols. The government funds all official religious institutions, including Shi'a and Sunni mosques, Shi'a ma`tams (religious community centres), and Shi'a and Sunni waqfs (religious endowments).

The government permits public religious events, most notably the large annual commemorative marches by Shi'a Muslims during the Islamic months of Ramadan and Muharram.

Forced Religious Conversion

Bahrain has no history of engaging in forced religious conversion. Foreign nationals, as well as local minorities, are able to practice their religion without interference from the government or other religious groups.

Status of the Jewish Community

The small Jewish community in Bahrain has been safe from attacks and vandalism. While some anti-Zionist political commentary and editorial cartoons appeared, usually linked to the Israeli-Palestinian conflict, outside of a political context, the Jewish minority is fully respected and allowed to operate freely. Jewish people in Bahrain regularly practice their faith privately without interference from the government.

Improvements and Positive Developments

In November 2022, Pope Francis became the first Catholic Pope to travel to Bahrain, holding mass for a crowd of almost 30,000 people.

Concerns Regarding Freedom of Religion and Belief

Restrictions on Religious Freedom

• The Bahraini government has been criticised for repressing some peaceful protests and twice blocking Shi'a Muslims from reaching the main Shi'a mosque in the country.
• The government has been accused of arbitrarily and punitively cancelling prisoners' phone calls and visits.
• The government has been accused of denying adequate medical treatment to imprisoned human rights defender Abdulhadi Al-Khawaja.
• The government has been accused of failing to credibly investigate and prosecute officials and police officers who allegedly committed serious violations, including torture.
• The government has been accused of revoking the citizenship of almost 300 people in recent years, rendering most of them stateless.
• The government has been accused of blocking some individuals from boarding flights to Bahrain, including human rights activists.
• The government has been accused of preventing some religious groups from holding group religious ceremonies in prison prayer rooms.
• The government has been accused of denying some individuals permission to leave prison to attend funerals.
• The government has been accused of monitoring and controlling the collection of funds by religious organisations.
• The government has been accused of controlling the content of sermons by sending circulars to mosques and monitoring clerics' adherence to a pledge of ethics.
• The government has been accused of preventing some individuals from delivering sermons at mosques.
• The government has been accused of preventing some individuals from accessing Friday prayers at the Imam al-Sadeq Mosque in Diraz.
• The government has been accused of banning prayer gatherings.
• The government has been accused of not permitting the publication of books and media that are perceived as criticising Islam or other religions.
• The government has been accused of favouring Sunni Muslims for senior positions in the Ministry of Interior and the military, and for other government positions.
• The government has been accused of providing inferior educational, social, and municipal services in most Shi'a neighbourhoods compared to Sunni communities.
• The government has been accused of enforcing Ramadan fasting restrictions in public spaces on non-Muslims.

Abuses Involving Violence, Detention, or Mass Resettlement

• The government has been accused of providing inadequate medical treatment to some Shi'a prisoners.
• The government has been accused of isolating prisoners participating in hunger strikes and refusing them medical services.
• The government has been accused of targeting the family members of prominent Bahraini activist Sayed al-Wadaei in retaliation for his human rights work.
• The government has been accused of targeting individuals who wish to exercise their right to freedom of religion and expression, including members of the Al Tajdeed Society, who were charged with "insulting" religious texts and "violating the foundations of Islam".
• The government has been accused of targeting individuals who criticise normalisation with Israel.
• The government has been accused of targeting individuals who chant pro-Palestinian poems.
• The government has been accused of targeting individuals who remove religious banners during Muharram, a holy month for Shi'a Muslims.
• The government has been accused of preventing foreign preachers, religious chanters, and organised foreign tour groups from taking part in processions during Ashura.
• The government has been accused of preventing direct flights to Najaf and Baghdad in Iraq, and to Iran and Syria, which predominantly affects travel by Shi'a Muslims who wish to visit holy sites.

Abuses Involving Discrimination or Unequal Treatment

• The government has been accused of giving Sunni citizens hiring preference in government positions and in state-owned businesses.
• The government has been accused of favouring Sunni candidates in senior civil service recruitment and promotion processes.
• The government has been accused of providing inferior educational, social, and municipal services in most Shi'a neighbourhoods compared to Sunni communities.
• The government has been accused of enforcing Ramadan fasting restrictions in public spaces on non-Muslims.

While the Bahraini constitution provides for freedom of conscience, the inviolability of worship, and the freedom to perform religious rites, there are concerns that the government is not upholding these rights in practice, particularly in relation to the Shi'a Muslim community. The government has been accused of restricting the freedom of religion and belief through arbitrary detentions, discrimination, and unequal treatment.

Freedom of peaceful assembly

The right to peaceful assembly is severely restricted in Bahrain. The government requires permits for demonstrations, and even when these are granted, security forces often forcibly disperse protestors. The government has also been known to impose long sentences on protestors, using overly vague and exploited national security laws.

Since the 2011 pro-democracy uprising, thousands of individuals have been convicted for expressing their conscience. Notably, twelve of the country's most prominent Shia religious and political leaders are imprisoned, eleven of whom have been detained since 2011 for their participation in pro-democracy protests.

The government justifies its campaign against dissent through a vague and abusive elaboration of its anti-terrorism and national security laws, which give rise to further human rights violations.

Case Studies

Abdulhadi Al-Khawaja

Abdulhadi Al-Khawaja is a human rights defender and a former president of the Bahrain Centre for Human Rights (BCHR). He was also a coordinator with Frontline Defenders until the 2011 pro-democracy uprising. In April 2011, Al-Khawaja was arrested without a warrant and jailed for 20 days without a lawyer. He was charged with the establishment, administration, and membership of an illegal group that aimed to overthrow and change the country's political system by force, using terrorism as a means to achieve its goals. On 12 June 2011, Al-Khawaja was sentenced to life imprisonment. The following year, the UN Working Group on Arbitrary Detention concluded that Al-Khawaja had been arbitrarily detained and that his arrest was due to his exercise of the fundamental rights to freedom of expression, peaceful assembly, and association.

Naji Fateel

Naji Fateel is a prominent activist and board member of the Bahrain Youth Society for Human Rights (BYSHR), which has worked to promote youth involvement in Bahrain's struggle for human rights since 2005. In May 2013, Fateel was arrested in his home in Bani Jamra and was reportedly tortured, sexually harassed, and interrogated without a lawyer. He was charged with the establishment of a group whose purpose was to undermine the provisions of the Constitution and the law and to restrict the personal freedoms of citizens, using terrorism as a means to achieve its goals, as well as unlawful assembly.

Initially, he was sentenced to six months' imprisonment only for his attendance at illegal gatherings. However, he was subsequently tried under terrorism charges in July 2013 and sentenced to 15 years' imprisonment that September. However, after allegedly assaulting prison officers and damaging prison property during the March 2015 Jau Prison riots, Fateel was sentenced to another 10 years for a combined 25-year sentence.

Sheikh Ali Salman

Sheikh Ali Salman is the Secretary-General of Al-Wefaq, one of the largest political opposition societies in Bahrain until its dissolution in 2016, and a Twelver Shia cleric, a key religious figure in Bahrain. He was reportedly tortured, detained without trial, and exiled in 1994 for over 15 years. Since the 2011 uprising, he has been arrested at least four times. On 28 December 2014, Salman was arrested again, just two days after his re-election as Secretary-General and having called for a democratic regime and accountability. He was charged with inciting a change of regime by non-peaceful means and insulting the Ministry of Interior.

Salman was initially sentenced to four years' imprisonment in June 2015. However, in September, the Appeals Court more than doubled his sentence from four to nine years. In 2018, Salman was sentenced to life imprisonment on alleged spying charges for his international advocacy efforts in Qatar. The UN Working Group on Arbitrary Detention has concluded that Salman's detention violated his freedom of peaceful assembly and association, as well as several other fundamental rights.

Freedom of association

The government has also used the Law for Political Societies, the Public Gathering Law of 1973, and the Press Law of 2002 to prohibit political parties and control their freedom of association, expression, and peaceful assembly.

Political societies cannot contact political groups outside Bahrain without official approval and may not accept "donations" or "benefit" from a foreign person or entity.

The government has also imposed numerous restrictions on the right to strike and prohibits strikes in "vital and important facilities" such as "security, civil defence, airports, ports, hospitals, transportations, telecommunications, electricity and water facilities".

In 2011, King Hamad bin Isa Al Khalifa amended the Trade Union Law to allow more than one trade union federation in Bahrain, a move many unionists considered to be retribution for the call by the General Federation of Bahrain Trade Unions (GFBTU) for mass labour strikes during the February-March pro-democracy demonstrations in 2011.

In 2017, Bahrain introduced a unified standard contract for domestic workers, which requires detailing the nature of the job, work and rest hours, and weekly days off. But the standard contract does not limit working hours, set out the minimum wage or rest days to which workers are entitled, and lacks enforcement mechanisms to ensure the rights of domestic workers are respected.

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