Bahrain's Speech Rights: Freedom Or Suppression?

Bahrain's human rights record has been described as dismal by Human Rights Watch, with the country's treatment of its Shia Muslim population coming under particular scrutiny. The country's press freedom is severely restricted, with websites blocked, journalists allegedly tortured, and editors fired. The government has also been accused of targeting the families of prominent Bahraini activists, as well as threatening and harassing their wives, children and relatives with torture.

In 2018, Bahrain passed political and civil isolation laws that bar former political opposition party members from running for parliament and sitting on the boards of governors of civil organisations. The laws also allow the government to deny Good Conduct Certificates to former prisoners, which are required to obtain employment, apply for university or even join a sports or social club.

The Bahraini government has also been accused of using academic partnerships to hide its abysmal human rights record.

Bahrain's human rights record

The Bahraini government has also been accused of suppressing protesters during the 2011 Arab Spring, which brought further human rights complaints, including the destruction of Shia mosques. The Bahrain Independent Commission of Inquiry was established in 2011 to assess the incidents that occurred during the period of unrest, and the report confirmed that there were some incidents of physical and psychological abuse of detainees. However, the report was criticised for not disclosing the names of individual perpetrators of abuses and for only holding accountable those who actively carried out human rights violations.

In addition, Bahrain has a growing problem of stateless people, known as Bedoon, who are descendants of Iranians and make up a large portion of Bahrain's stateless population. These stateless people are denied many rights, such as the right to hold legal residency, travel abroad, buy houses, hold government jobs, own land, start a business, borrow loans, and send their children to public schools.

Bahrain has also been accused of racism against ethnic Iranians, with reports from 2013 and 2016 indicating that Bahrainis of Iranian descent with a Shia background face systematic racism, while Sunni Achomis do not. Native Bahrainis, who are Shias, also face similar prejudices due to their religious background.

Bahrain has also been accused of sectarian discrimination, with reports indicating that the country is practising "a form of sectarian apartheid" by not allowing Shias to hold key government posts or serve in the police or military. According to the Bahrain Centre for Human Rights, while Shias exceed 70% of the population, "they occupy less than 18% of total top jobs in government establishments".

Bahrain has also been accused of targeting the family members of prominent political prisoners and human rights activists, with reports indicating that the authorities have detained family members of these individuals following their peaceful protests.

In terms of civil and political rights, Bahrain has been criticised for not providing equal rights to women, with a bill prompted by women's rights activists in 2005 to introduce a unified personal status law to protect women's rights in marriage, divorce and other family matters being opposed by large-scale demonstrations organised by Salafists and Shia Islamists.

In terms of freedom of expression, Bahrain has been accused of restricting this right, with the government claiming that the press is free, while the Penal Code of 1976 has been widely criticised by local and international human rights bodies for granting the regime widespread powers to suppress dissent. Human Rights Watch has noted that freedom of the press is severely restricted, with websites being blocked, journalists allegedly being tortured, and editors being fired.

In terms of freedom of association, this right has also been curtailed by an association law that prohibits organisations from involvement in political activities. The National Democratic Action Society party (Wa'ad) was banned on terrorism charges in 2017, with Amnesty International criticising the ban as a "flagrant attack on freedom of expression and association".

Overall, Bahrain's human rights record has been the subject of significant criticism from international organisations and human rights groups, with reports indicating that the country has systematically eliminated a broad range of political rights and civil liberties, dismantled the political opposition, and cracked down on persistent dissent.

Freedom of expression and assembly

Bahrain's constitution provides for freedom of expression and assembly, but these rights are restricted in practice. The government has been accused of targeting and marginalizing the Shia Muslim population, and critics of the government have been imprisoned, exiled, or silenced.

Freedom of Expression

The constitution provides for freedom of expression, but this is restricted in practice. The government owns all national broadcast media outlets, and the private owners of Bahrain's main newspapers have close ties to the state. The only independent newspaper, Al-Wasat, was banned in 2017. Self-censorship is encouraged by the vaguely worded Press Law, which allows the state to imprison journalists for criticizing the king or Islam or for threatening national security. Insulting the king is punishable by up to seven years' imprisonment.

Journalists face legal and bureaucratic obstacles to their work in practice. The authorities have refused to renew the credentials of several Bahraini journalists working with foreign outlets. International journalists face difficulty obtaining an entry visa.

Freedom of Assembly

The constitution provides for freedom of assembly, but this is also restricted in practice. A permit is required to hold demonstrations, and a variety of onerous restrictions make it difficult to organize a legal gathering. Participants can face long jail terms, particularly if the demonstrations involve clashes with security personnel. Police regularly use force to break up political protests, most of which occur in Shia villages.

Political Opposition

Formal political parties are illegal in Bahrain. A 2005 law makes it illegal to form political associations based on class, profession, or religion, while a 2016 amendment prohibits serving religious clerics from engaging in political activity. The law permits "political societies", with some of the functions of a political party, to operate after registering with the government, but the authorities have closed down almost all opposition political societies since 2016 and jailed many of their leaders.

The most popular, the Shia Islamist society Al-Wefaq, was forcibly disbanded in 2016 for allegedly encouraging violence. In 2018, the monarch banned individual members of dissolved groups from competing in elections. In December 2021, Lebanon deported non-Lebanese Al-Wefaq members after Manama criticized the group’s activity there. The second-largest opposition group, the secularist National Democratic Action Society (Wa’ad), was banned in 2017.

Human Rights Defenders

Bahraini human rights defenders and their family members are subject to harassment, intimidation, and prosecution. Many were either in prison or in exile as of 2021.

Political isolation laws

Bahrain's political isolation laws, passed in 2018, bar former political opposition party members from running for parliament and serving on the boards of governors of civil organizations. The laws also target activists and human rights defenders who were arrested during the 2011 pro-democracy and anti-government uprising. The laws have been interpreted by Bahraini lawyers and civil society to target former lawmakers and others who resigned or boycotted their elected posts to protest repressive government policies.

The laws have been used to prevent former members of the country's two major opposition parties, al-Wifaq and Wa'ad, from running for office. In the 2018 parliamentary elections, at least 12 former opposition figures were prohibited from running by Bahrain's Ministry of Justice. Many others believed they would fall victim to the law and boycotted the elections.

The laws have also impacted civil society organizations. For example, the Bahrain Human Rights Society, the Bahrain Women's Union, and the Bahraini Society for Resisting Normalization have struggled to form boards and carry out their activities due to the laws. The laws allow the Ministry of Labour and Social Development to appoint new members to boards with vacancies, leading to fears that the boards may eventually be stacked with government loyalists.

In addition to the political and civil isolation imposed by these laws, the Bahraini government also uses a form of economic sanction against opposition figures by denying them "Good Conduct Certificates". These certificates are required to obtain employment, apply for university admission, or join a sports or social club. Former prisoners often wait months or years for the certificate, and some opposition figures are denied it outright.

The Bahraini government should repeal the political isolation laws, end the practice of denying certificates of good behavior, and restore full legal, political, and civil rights to all Bahraini citizens. It should also restore the previously dissolved political societies and lift all restrictions on opposition figures regarding candidacy in elections.

Good Conduct Certificates

To obtain a Good Conduct Certificate, individuals must submit a letter from their employer requesting the certificate and stating its purpose, along with a recent photograph, a completed form, biometric data, and a copy of their passport and residence permit (if applicable). Foreign nationals who have previously resided in Bahrain must have done so for at least six months continuously.

The Bahraini government has been criticised for using Good Conduct Certificates as a means to economically and socially marginalise former political opposition members, dissidents, and human rights defenders. The certificates are often denied or delayed for these individuals, hindering their ability to support themselves and their families. This practice is part of a broader campaign of repression that includes arbitrary arrests, frequent summons, and abusive interrogation practices.

Arrests and summons of critics

The Bahraini government has been accused of targeting critics, including political activists, human rights defenders, lawyers, journalists, Shia clerics, and peaceful protestors, with arbitrary arrests and frequent summons.

In 2011, the government responded to the uprising with a brutal crackdown, and called in a Saudi-led intervention force from the Gulf Cooperation Council. The Bahrain Independent Commission of Inquiry (BICI) found that between February and April, at least 19 individuals were killed by the authorities, eight of them due to excessive use of force by security forces, and five others due to torture.

In 2015, the use of long sentences to punish critics for speech-related offenses reached its height. Between 2011 and 2015, security authorities created severe conditions for those even mildly critical of the authorities. Bahrainis who wrote only a few sentences on social media could face up to five years in prison.

In 2018, the government passed the political isolation laws, barring former political opposition party members from running for parliament and sitting as members on the boards of governors of civil organizations. The laws also retroactively criminalized participation in these opposition groups and any other dissolved political society.

In 2021, the government summoned several family members of Bahrainis imprisoned or killed by government forces and warned them against protesting around the anniversary of the 2011 uprising. On 5 March, police 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.

In 2022, the government summoned a member of the Bahraini Society for Resisting Normalization to the Hora police station three separate times. The society was planning a public event advocating against the normalization of relations with Israel. During the interrogations, the member was repeatedly questioned about the event and pressured to cancel it. The event was ultimately canceled.

In 2024, the government summoned and arrested two people on claims of religious blasphemy.

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