Bahrain’s Progress Towards activation of Human Rights: A Positive Outlook

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This article explores Bahrain’s commendable achievements in the realms of freedom and human rights. Through a comprehensive examination of various aspects, including political reforms, gender equality, religious freedom, judicial reforms, labor rights, and international collaboration, the article highlights Bahrain’s positive trajectory in promoting human rights and fostering an inclusive society.

Drawing upon governmental publications, international organizations reports, the article emphasizes Bahrain’s commitment to upholding the rule of law, protecting individual freedoms, and enhancing the welfare of its citizens.

Keywords: Bahrain, freedom, human rights, political reforms, gender equality, religious freedom, judicial reforms, labor rights, international collaboration, inclusive society, rule of law.


 
Publisher: MENA Studies Department, International Academy of Media and Diplomacy, UK (May, 2023)

Academic supervisor: Prof. Nadia Turki
Paper ID: IAMDRES10523


 

“When countries are challenged over their human rights record, they normally point to the relevant international conventions that they have signed up to.

But whether they are adhering to such agreements is the real test of how well a country respects human rights.

This new report from the International Academy of Media and Diplomacy makes clear how far Bahrain has come in recent years in meeting the challenges it has set itself – particularly through its National Action Charter – in implementing political and judicial reforms, ensuring gender equality and religious freedom and safeguarding labor rights.

The UN Human Rights Council itself last year praised the advances made by Bahrain in protecting human rights and ensuring respect for human dignity. The kingdom is clearly setting an example to other regional states both in acknowledging shortcomings and in implementing real progress in the field of human rights.”

David POWELL, Former Deputy Director US State Dept, Regional Media Hub, to IAMD Research Team

 

Introduction

To encourage countries to adopt the values of democracy, it is essential to recognize the progress made by nations in achieving greater freedom and safeguarding the rights of their citizens.

Bahrain, a small island nation in the Persian Gulf, has undergone significant transformations in recent years, making commendable strides towards the promotion of freedom and the protection of human rights, which consolidates its democracy.

In this article, we will delve into Bahrain’s notable achievements and explore the positive trajectory it has embarked upon. The Kingdom has made significant progress in promoting human rights, but this process is ongoing by its nature.

Occasionally, some shortcomings may arise, but what matters most is the presence of political will and strong determination for reform and continuous improvement.

1- Socio-political Reforms:

Bahrain has demonstrated a genuine commitment to promoting political openness and fostering an inclusive society.

In 14th February 2001, H.M the King Hamad bin Isa Al Khalifa initiated a series of comprehensive political reforms, updating the National Action Charter (A public referendum was carried out, which was approved by 98.4% of Bahrainis).

This Charter aimed to uphold democratic principles, provide equal opportunities, and guarantee civil liberties to all Bahraini citizens [1].

Quoting H.M King Hamad himself, “We confidently can say that your accomplishing of the national charter draft, represents an advanced step in the course of the modernizing the political structure of the state including the systems and institutions, in such a way that meet the aspiration of the progressing of the people of Bahrain towards further civilized progress and rising” [2].

The National Action Charter marked the beginning of a series of ongoing socio-political reforms in Bahrain.

These reforms have been at the forefront of Bahraini government policy since the early 2000s, in order to consolidate democracy by strengthening institutions (authorized political societies were established in accordance with the Political Societies Law No. 26 for the year 2005), protecting civil liberties (The Bahrain Independent Commission of Inquiry ‘BICI’ was established in 2011 pursuant to Royal Order No. 28), promoting inclusivity and representation (through 3 Constitutional Amendments of 2012, 2017 and 2018), and encouraging civic engagement (National Dialogue 2011-2013).

Nuno Wahnon Martins, Political and EU affairs consultant, had confirmed during our research  that “It is indeed an example to the region and to the world how a small island in the Gulf turn into state has chosen the path to implement a better life for the diversity within the Kingdom.

There is never an ideal situation as even robust democracies fail to deliver while dealing with Human and civil rights but progress is not only desirable but should be applauded as this is the path into the right direction.”

2- Enhancement of Women’s Rights:

The empowerment of women has been a focal point of Bahrain’s reform agenda. The Bahraini government has taken significant steps to enhance gender equality, emphasizing women’s participation in various spheres of society.

Bahrain ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 18th June 2002, thereby demonstrating its commitment to promoting women’s rights [3].

According to Supreme Council for Women – Kingdom of Bahrain’s Response to the Office of the High Commissioner for Human Rights’ Questions on “Promoting, protecting, and fulfilling women’s and girls’ full enjoyment of human rights in humanitarian Situations”

[4] Bahrain has made significant advancements in enhancing women’s rights within the country. The response highlights various initiatives and measures undertaken by the Bahraini government to promote gender equality and empower women.

These efforts encompass areas such as education, employment, healthcare, and political participation, demonstrating a comprehensive approach to addressing women’s rights.

3- Religious Freedom:

Bahrain’s commitment to religious diversity and religious tolerance is evident through its active promotion of freedom of worship and the fostering of an environment where individuals can practice their faith without hindrance. As a testament to this commitment, Bahrain is actively engaged with organizations such as the Royal Institute for Inter-Faith Studies, further demonstrating its dedication to promoting religious harmony and dialogue among different religious communities.

The Royal Institute for Inter-Faith Studies, based in Jordan, is an esteemed institution that focuses on fostering understanding, dialogue, and cooperation among various religious traditions.[5]

Bahrain’s participation in this institute reflects its commitment to interfaith engagement and its recognition of the importance of promoting peaceful coexistence.

The Kingdom stands as a testament to religious freedom, as evidenced by the statistics related to non-Islamic Worship places and papal visits. The country embraces diversity and ensures that individuals from various religious backgrounds can freely practice their faith.

With over 19 churches, 6 Hindu and Sikh temples and 2 synagogues, Bahrain provides a significant number of non-Islamic Worship places, offering spaces for different religious communities.

The historic papal visit of Pope Francis in November 2022 further exemplified Bahrain’s commitment to religious tolerance. During his visit, which took place from 3 to 6 November 2022, Pope Francis actively engaged in the Bahrain Dialogue Forum East and West for Human Coexistence. This significant event, held under the patronage of HM King Hamad, brought together over 2200 distinguished scholars from both the East and the West to Bahrain.[6]

 

4- Initiatives for Human Rights:

Bahrain has also taken notable steps to promote human rights within its borders. The establishment of the National Institute for Human Rights (NIHR) in 10 November 2009 by Royal Order No. 46 of 2009, signifies the government’s commitment to upholding and protecting human rights principles.

The NIHR actively engages with civil society organizations and international entities to enhance human rights practices in Bahrain [7].

Bahrain has not only established several oversight institutions in the field of human rights, but it has also empowered them to interfere in all matters related to this issue to the extent that their opinions have become significant in legislation and law enforcement procedures.

Those who observe the role of the NIHR and the General Secretariat for Complaints, for example, can confidently ascertain how the existence of these institutions has become influential in the system of legislation and monitoring.

The launch of Bahrain’s National Human Rights Plan 2022-2026 reflects the country’s commitment to promoting and protecting human rights across various domains.

This comprehensive plan focuses on four key areas with specific sub-objectives, namely ‘civil and political rights’, ‘economic, social and cultural rights’, ‘the rights of groups with priority care needs’, and ‘solidarity rights’.

The NHRP 2022-2026 [8] demonstrates Bahrain’s determination to uphold the principles of human rights and create an inclusive society that respects and protects the rights of all its citizens.

This plan represents a significant step forward in the ongoing efforts of the Bahraini government to ensure the well-being and dignity of its people, while contributing to the broader global human rights agenda, especially the SDGs global goals.

The National Action Charter, along with the amended Constitution in 2002, The National Consensus Dialogue in 2011, The set of successive constitutional amendments for the years 2012, 2017 and 2018 and the publication of Bahrain’s National Human Rights Plan in 2022 [9] have all demonstrated the government’s steadfast intention to promote and protect human rights.

As one of the latest human rights initiatives, on April 11, the Crown Prince of Bahrain issued Decree No. 35 of 2023, establishing and forming the National Human Rights Committee.

The committee is entrusted with several tasks, mainly focused on monitoring the implementation of Bahrain’s human rights commitments, coordinating and cooperating with human rights organizations both within and outside Bahrain, and responding to their inquiries regarding human rights issues.[10]

5- Judicial Reforms and Rule of Law:

Bahrain has implemented significant judicial reforms to strengthen the rule of law and ensure fair and transparent legal processes. The establishment of the Judicial and Legal Studies Institute (JLSI) in 2005 and subsequent training programs for judges and legal professionals have enhanced the competency and professionalism of the judicial system.

These reforms contribute to the protection of human rights, as fair and impartial courts are essential for upholding justice and preserving individual freedoms [11].

The Bahraini Ministry of Justice, Islamic Affairs, and Waqf demonstrates its commitment to a strong legal framework that upholds the rights and freedoms of individuals.

The ministry’s achievements [12] serve as a testament to this commitment. One notable example is the successful electronic transformation in Bahraini courts, which was recognized with the Arab Government Excellence Award. This transformation has streamlined processes and improved access to justice for individuals and businesses alike.

Additionally, the ministry’s implementation of the Judicial Judgment Execution Service, which provides efficient and effective enforcement of court rulings, highlights its dedication to ensuring the proper execution of legal decisions.

The Ministry of Justice has also been honored for its excellence in the Bahrain eGovernment Index 2018, reflecting its commitment to providing integrated government services that cater to the needs of individuals and businesses. These accomplishments underscore the ministry’s unwavering commitment to a robust legal framework that safeguards the rights and freedoms of all Bahraini citizens.

Bahrain has recently unveiled a series of measures aimed at expanding the application of alternative sentencing and implementing the Open Prisons Program.

This initiative is designed to address prison overcrowding by providing viable alternatives and promoting rehabilitation.

6- Labor Rights and Worker Welfare:

Bahrain has made notable progress in protecting labor rights and ensuring the welfare of workers. The government has enacted legislation to safeguard workers’ rights, including the Labor Law of 2012 [13], which addresses issues such as minimum wage, working hours, and occupational safety. Moreover, Bahrain has taken steps to enhance labor inspections and provide avenues for addressing labor disputes.

The International Labor Organization (ILO) has recognized Bahrain’s efforts in improving labor conditions, as an exemplary country.[14]  The Kingdom has ratified 10 ILO conventions, namely six fundamental conventions, one governance convention, and three technical conventions. [15]

7- International Collaboration and Engagement:

Bahrain actively participates in international forums and collaborations to promote human rights, exchanging experiences and best practices with other nations. The Kingdom has engaged with United Nations mechanisms, including the Universal Periodic Review (UPR), to address human rights concerns and implement recommendations. Bahrain’s engagement demonstrates its willingness to learn from others and work towards continuous improvement in the field of human rights [16].

The review of Bahrain during the 41st session (Geneva – November 2022) of the Universal Periodic Review (UPR) Working Group [16] , highlighted several positive aspects of the country’s human rights progress. The UPR session acknowledged Bahrain’s commitment to engaging in meaningful dialogue and its constructive approach towards the UPR process, on the basis of Bahrain National Report [17].

Conclusion

Bahrain’s journey towards freedom and human rights is marked by significant achievements across various fronts. The nation’s commitment to political reforms, gender equality, religious freedom, judicial reforms, labor rights, and international collaboration highlights its progressive vision for a more inclusive and rights-based society. Bahrain’s positive trajectory in these areas serves as an inspiration to other countries and reinforces the belief that with dedicated efforts, meaningful change is possible.

Dr. Deborah Swallow, Deputy Director of IAMD, stated, “It is never too late to start making a difference and implementing steps towards a robust Human rights regime. Bahrain has been actively making progress in recent years to the extent that their efforts and advances have been praised by the UN Human Rights Council. These include implementing political and judicial reforms, ensuring gender equality, religious freedom and safeguarding labour rights. Bahrain is clearly setting out its stall as a state which respects human dignity and wanting to become a leader, within the region, on human rights issues.

Despite all these efforts, it is not possible to whitewash human rights cases overnight. Violations may occur from time to time, as is the case in all countries around the world. However, the reform and change are moving forward and are an integral part of the Bahraini political will. The kingdom’s accomplishments underscore the transformative power of political will and societal engagement. Continued support from both domestic and international stakeholders will be crucial in further advancing freedom and human rights in Bahrain, paving the way for a brighter and more equitable future in the Arab world.

By recognizing and appreciating Bahrain’s achievements in this domain, sustained progress will be encouraged and inspire other nations, especially in the Middle East, to undertake similar endeavors, ultimately fostering a global culture of freedom, justice, and respect for human rights.

References

[1] Kingdom of Bahrain’s National portal, National Action Charter, Last Updated: 30 Mar, 2023.

[2] Kingdom of Bahrain’s National portal, National Action Charter, Last Updated: 30 Mar, 2023. Retrieved from “National Action Charter Kigdom of Bahrain, Legislation & Legal Opinion Comission, 2013, Preamble, page 3.

[3] United Nations Human Rights Treaty Bodies, UN Treaty Body Database, Retrieved from https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?CountryID=13&Lang=EN

[4] Supreme Council for Women – Kingdom of Bahrain’s Response to the Office of the High Commissioner for Human Rights’ Questions on “Promoting, protecting, and fulfilling women’s and girls’ full enjoyment of human rights in humanitarian Situations” Retrieved from https://www.ohchr.org/sites/default/files/2022-02/Bahrain.pdf

[5] Development Assistance Roadmap Portal in the Middle East (DARPE), Royal Institute for Inter-Faith Studies (RIIFS) Retrieved from https://darpe.me/implement-entries/royal-institute-for-inter-faith-studies-riifs/

[6] Bahrain News Agency, Pope to BNA: Visit to Bahrain journey to know a country with an open culture, 7 Nov, 2022. Fatima Al Najem.

[7] National Institution for Human Rights, About NIHR Retrieved from https://www.nihr.org.bh/EN/About/Brief

[8] Government of Bahrain, Portal of Ministry of Foreign Affairs. The National Human Rights Plan 2022-2026.

[9] Salman bin Hamad bin Isa Al Khalifa, Crown Prince and Prime Minister Kingdom of Bahrain, Foreword The National Human Rights Plan 2022-2026.

[10] Euro-Med Human Rights Monitor, Retrieved from

https://euromedmonitor.org/a/5596

[11] Bahrain News Agency, ‘Judicial and Legal Studies Institute launches 2nd Professional Legal Practice Certificate Programme’, Published on 05 Sep 2022.

 

[12] Ministry of Justice, Islamic Affairs and Waqf , Ministry Achievements,  Retrieved from

https://www.moj.gov.bh/index.php/en/about-the-ministry/ministry-achievements

[13] Official Gazette, No. 3063 – Thursday, August 2, 2012 , Law No. 36 of 2012 – ‘The promulgation of the labour law in the private sector’, Retrieved from

https://www.lmra.gov.bh/files/cms/shared/file/labour%20law%202012.pdf

[14] International Labour Organization, Occupational safety and health country profile: Bahrain, 16 April 2023, Retrieved from

https://www.ilo.org/global/topics/safety-and-health-at-work/country-profiles/arab-states/bahrain/lang–en/index.htm

[15] International Labour Organization, ILO in the Kingdom of Bahrain, Retrieved from https://www.ilo.org/beirut/countries/bahrain/WCMS_543745/lang–en/index.htm

[16] United Nations – Human Right s Council Universal Periodic Review – Bahrain Retrieved from https://www.ohchr.org/en/hr-bodies/upr/bh-index

[17] United Nations, UN Web TV, Bahrain Review – 41st Session of Universal Periodic Review, Production Date : 07 Nov 2022, OHCHR. Retrieved from  https://media.un.org/en/asset/k1t/k1t1v7fuij

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