Arab Reform Br ief

May 58 2012

Arab Reform Briefs are monthly analysis and insights from engaged Arab scholars or activists dealing with all key reform issues in the social, economic, political and legal domains.

Protest movements and Constitutional Reform in

Abdulnabi Alekry*

On 14 February 2011, in the wake of the events in Tunisia and Egypt, groups of young Bahraini activists called for a sit-in in the Louloua Roundabout in . The movement soon expanded, and was met with repression by the regime. The protesters’ demands were initially merely about reform. Yet the King’s intransigence has resulted into a radicalization of the movement.

“If the sky was a ceiling and the earth a referendum, it issued a new constitution, mattress, and all who surround you are according to which ‘the ’ friends, you must be then in the Louloua changed to ‘the Kingdom of Bahrain’, headed Roundabout.” by the King who assigned himself wide legislative, executive, judicial, and political The call for a popular uprising in Bahrain on prerogatives, at the expense of both the February 14, 2011 referred to a significant ‘Council of Representatives’ and the judicial date. On the same day ten years before, a authority. referendum on the ‘National Action Charter’ was held. Both King (then Emir) Hamad Bin The issuing of the constitution of 2002 was a Isa Al Khalifa and the opposition agreed on blunt coup against the ‘National Action that charter following a long political crisis Charter’ and against the Bahraini people’s that lasted for a quarter century. Soon enough, will, as 98.4 % of voters had voted for it, in the regime reversed the document, which was their efforts to retrieve the Constitution of meant to be the base for a constitutional 1973, which the Bahraini people struggled for reform. On the first anniversary of the

*President of the Bahrain Transparency Society 2 a quarter century to regain and activate, after comprehensive, fundamental reform of the it was suspended on 26 August 1975. political, economic, and social system of the state and society. One of the most important The charter was made of two amendments features of the constitutional reform only: changing the name of the country to the movement was organizing an annual ‘Kingdom of Bahrain, and consequently Constitutional Conference, which convened change the title of the head of the state from for four years since 14 February 2004. The Emir to King; and forming an appointed Conference elected a secretariat that council, as a consultative body only, coordinated and organized the opposition’s while the legislative authority remained in the activities and the civil society organizations, hands of the elected Council of and secured external support for the election Representatives. The Head of the Charter of a constitutional assembly that would draft a Committee Abdullah Bin Khaled Al Khalifa, contractual constitution instead of the who was then Minister of Justice gave a Constitution of 2002. The authorities televised statement in which he declared that viciously opposed the Constitutional the reference authority will be the Conference to the extent that it prevented the Constitution and that the Charter will be a guests from entering the country to attend its mere guide for advice. first meeting on 14 February 2002.

Both the opposition and the people realized A public petition signed by some 85,000 that the new ruler (who assumed office on 6 citizens was issued in mid-2004 that called on March 1999) wanted to give legitimacy to his the King to respond to the people’s demand reign, and to renew the legitimacy of the Al for a constitutional reform. The King, Khalifa family. Still, they (the people and the however, refused to meet the delegation that opposition) were ready to accept this, in carried the petition, and the King’s Office return for commitment to a reform plan that also refused to accept the petition, although it would comprise constitutional reforms. was sent by registered mail. Moreover, security forces arrested a number of those But the King put the people and the who were collecting signatures. opposition in front of a fait accompli. The opposition, who had just moved its struggle In their political and electoral platforms, all from underground into the public arena, was opposition parties demanded a contractual taken by surprise. The opposition was allowed constitution for the country and the carrying to register as ‘societies’ – and not as ‘parties’ out of constitutional, legislative, and as they were calling for. It took the opposition institutional reforms in the state’s agencies, so two years to organize itself and make plans as to transform the Kingdom of Bahrain into a for a constitutional conference, which held its democratic constitutional kingdom. These first session on 14 February 2004. It parties included the National constituted a broad movement that comprised Islamic Society, the National Democratic political and societal parties and figures Action Society (Wa'ad), the Islamic Action calling for a constitutional reform and a Society (Amal), the Progressive Democratic contractual constitution which would serve as Tribune (al-Minbar), The Nationalist a constitutional reference authority for a

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Democratic Rally, the National Democratic addition, it has the right to rewrite the final Rally, and Al-Ekha (Brotherhood) National form of the drafts presented by MPs. Society. One of the most important aimed at The regime divided the country into 40 creating a balance between the different constituencies that remarkably varied in terms powers, so that the King would be the symbol of number of voters. Consequently, of the country’s sovereignty and unity. constituencies known to be loyal to the Based on the Constitution of 2002, the King regime were given a greater weight than that issued 56 laws by Royal decrees within the given to the opposition strongholds. For eight months that separated the issuance of example, 16,000 voters in the first the Constitution in February and the Constituency in the Northern Province, where parliamentary elections in October. These the opposition enjoys great influence, are decrees dominated the system of the country represented by one representative, whereas for the following years. It was impossible to the Southern Province, which has the same initiate any constitutional amendments, let number of voters but is loyal to the regime, is alone writing a new constitution. This made represented by 6 representatives. introducing essential legislations or changes Besides, the regime used the votes of the in the state’s structures without the King’s personnel of the army, the security forces, and consent next to impossible. Because of these the intelligence, as well as those who were laws, the King now enjoys the power to newly granted the citizenship for political appoint and dismiss the Prime Minister, reasons, in order to defeat opposition ministers, senior public servants and military candidates and favor loyalists. This way, the officers, diplomats, and judges, and to fire regime secured the majority at the Council of them. He also enjoys the right to issue Representatives. The major opposition group, legislations during the parliamentary recesses. the Al Wefaq National Islamic Society, which Amending or rebuffing any of these passed obtained 64 % of the voters’ ballot in the laws requires two thirds of the members of elections that took place in October 2010, both chambers (the Representatives and the failed to secure more than 18 seats out of the Shura councils) in a joint session (the 40 seats in the assembly. Other opposition National council), which is usually headed by groups could not have any seat. Nevertheless, the Speaker of the Shura Council. In addition, the safety valve for the regime is the Shura there are provisions in the Constitution that Council, the forty members of which are can never be amended such as the two- appointed, and which enjoys the same chamber system. Any constitutional prerogatives as the Council of amendment requires two thirds of the Representatives. Its speaker is by default the members of the two chambers. The King can head of the National Council, which turn down any law passed by the two comprises both chambers, and enjoys a chambers; to reissue it, two thirds of the two casting vote when the votes are equally chambers in a joint session are required. divided. The executive power has priority over other As it is obvious, the constitutional reforms authorities to propose legislative drafts. In have reached a deadlock at the Council of Representatives. Besides, similar to its

4 attitude towards the petition of the registered The February 14 Movement and the opposition, the regime refused a public constitutional reform petition that was organized by the Within this environment characterized by unregistered Haq (Rights) Movement for dissatisfaction and a lack of hope regarding Liberty and Democracy, which was signed by the political process, the tornado that started over 100,000 citizens in 2009. The petition, in Tunisia and invaded the Arab world, which was addressed to the United Nations crossing the borders and calling on the Arab Secretary-general, demanded that the United peoples to stand up for their freedoms, arrived Nations helped restructure the constitutional in Bahrain. In early February, a group of system in Bahrain. An aide of the Secretary- young activists called on Facebook to launch general received a copy of the petition, but a protest on February 14. Over 70 thousand nothing was made in this regard. citizens interacted with the call. The protest This impasse is one of the main reasons for movement turned out to become a mass the people’s frustration over the political popular movement that managed to attract all process. As a result, many activists the opposition forces, registered and abandoned the registered organizations and unregistered, as well as the civil society joined the unregistered ones such as Haq, organizations, numerous civil society headed by , and Wafa’ individual activists, and ordinary crowds that (Loyalty), headed by Abdulwahab Hussein, called for change. Tens of thousands of both of whom are serving a sentence life for people who had not had any political being charged of calling for republic, and the activities before took to the streets. Islamic Bahrain Freedom Movement, headed The wide participation of women and youth by Dr. Saeed Shehabi, a London-based was remarkable in different aspects of the activist. All of these groups are in fact splits protest movement, such as demonstrations, of the mother Shiite Islamic group, Al Wefaq sit-ins, and public forums and debates that National Islamic Society, headed by Sheikh took place in the Louloua Roundabout over a . hectic month. Women and youth also Throughout the period between December participated in developing the political 2006 and February 14, 2011, the protest demands and determining the goals, and took movement escalated against the regime and part in the meetings of the opposition its policies, especially with the protest against leaderships. They significantly influenced the smothering the public freedoms, granting negotiations that took place between the citizenship for political motives, sectarian registered opposition and the authorities, discrimination, the possession of state money represented then by the Crown Prince Sheikh and properties, and corruption. These protests Salman Bin Hamad Al Khalifa. put together many political groups, civil society organizations, registered and unregistered, as well as civil society activists.

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The demands of the opposition and the reforming the political system, which would February 14 Movement result in a democratic, parliamentary, constitutional monarchy. This requires writing The opposition in Bahrain is classified in two a new contractual constitution by a fully major currents: the registered current and the elected constitutional assembly, based on the unregistered one. The first current is made up principle of citizenship. It also requires of registered parties and civil society introducing profound constitutional and organizations, as well as individuals. It works legislative reforms. The regime has employed within the framework of the valid laws which every possible ways in order to keep this impose huge restrictions on the freedoms of current a minority in parliament, and organizing, assembly, and speech. The second unrepresented in the Shura Council. These (unregistered) current is a mixture of political include splitting the organizations, attracting and human rights activists, affiliated with the their leaders, slandering them in the public three above mentioned organizations and media and the state-influenced private media, other legal and human rights groups. This and interfering in the elections so as to enable current is particularity influential among the the government to defeat some of the youth, especially the Shiite youth, who live in opposition’s candidates. The February 14 poverty and marginalization in their areas. It Uprising was launched by young activists is worth mentioning that, apart from certain from the unregistered current and a few posts in the civil service, Shiite are deprived members of Wefaq, Wa’ad, and Amal. They from joining the army, the security forces, and have developed their means over the past five the intelligence. years, using social media networks such as Both influence and activity of this current Facebook and twitter. increased with the intensifying frustration and The demands of the February 14 Movement skepticism over the political process. developed in line with the development of the Confrontation with the security forces movement itself and in line with the way the increased sharply, and wide campaigns of public interacted with it via dialogue. It must detentions took place, coupled with severe be underlined that Bahrain had never seen in violations to human rights: torture and its modern history a debate workshop similar arbitrary arrests that affected dozens of to the one it witnessed during the February 14 citizens throughout the period between 2006 Movement. Tens of thousands of Bahraini and 2011 and was the trigger for the February citizens – who came from different parts of 14 Uprising. The topmost violations occurred the country, and different social strata and on March 17, 2011, when the uprising was political views – crowded in the Louloua attacked violently. Throughout these five Roundabout. They participated in specialized years, the opposition developed its means of debates and attended the most important mobilization and organization, and symposia. The activities would continue from increasingly used social communication morning until night, and would stop only platforms such as twitter and Facebook to call between 11 p.m. and 9 a.m. for the protests and to lead them. Over the period during which the Louloua While the two currents share many goals and Roundabout was busy with activities, and demands, the registered current calls for

6 which was ended by the invasion of regime’s killing and the wide-scale violations of human troops supported by the GCC forces, big rights; demonstrations were organized in the villages 5. Carrying out an investigation in the issues and towns, starting from the Roundabout or of corruption and looting money and property pouring in it. Some 30 martyrs were killed which should be returned to the state; and hundreds were wounded in the confrontation. And it was under the street 6. Releasing all the political detainees, pressure that the leaders of Haq, who were restoring public freedoms and acknowledging arrested in August 2010 and sentenced in the rights of assembly, demonstration, and December 2010 for conspiracy to overthrow speech; the regime, were released. These leaders 7. Halting provocative official media against contributed through their enthusiasm, the uprising and repositioning it under a passionate speeches, and the support from the national leadership. people, to the upsurge of the rhythm of the These principles were not appreciated by the protests and demands. unregistered opposition, which escalated its The opposition demands for constitutional demands, occupying King Faisal Highway, reform calling for a civil disobedience, and calling for the regime’s overthrow. The registered In line with the February 14 Movement, the opposition found itself between the regime’s opposition, both registered and unregistered, hammer and the street’s anvil. worked hard to shape its demands. Marathon meetings, in the presence of representatives of On the other hand, King Hamad assigned his the civil society, were held to reach common crown Prince to contact the opposition to seek denominators. The registered organizations an exit out of the deadlock. On 13 March formed their demands of reform, after being 2012, the Crown Prince offered, in a televised contacted by Crown Prince Sheikh Salman, as interview, an initiative that included seven follows: points: 1. The dismissal of the current cabinet, 1. Forming a national unity government, headed by the King’s uncle (and regime’s 2. Reshaping the Bahraini constituencies strong man) Sheikh Khalifa Bin Salman Al fairly, Khalifa, who has occupied his post for 42 3. Amending the parliament’s prerogatives so years; as it has larger legislative and monitoring 2. Forming an elected national unity cabinet; powers, 3. Electing a constitutional assembly to write 4. Investigating the violations and a constitution on the “one man, one vote” compensating for the harmed people, basis, which would make Bahrain a single 5. Investigating the cases or corruption, constituency; making the right decisions in this regard, 4. Carrying out an investigation by an 6. Offering guarantees to the peaceful independent commission in the incidents of protesters, including those in the Louloua

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Roundabout sit-in, as long as they do not wounded victims were and which became a hamper traffic, center of the protest movement. The state of 7. Supporting comprehensive national emergency was announced, and the reconciliation. Command-in-chief of the armed forces was appointed as the Military Governor. The Crown Prince’s initiative ignored the unregistered opposition, which put the Ever since, Bahrain has witnessed an registered opposition once again under the unprecedented campaign of repression, which pressure of both the regime and the street. It was called ‘the second invasion’. The only became worse when some unregistered government got back at all of those who groups announced a new alliance: the participated in the protests. The army and ‘Coalition for Republic,’ which called for the security forces, supported with the GCC right of the Bahraini citizens to choose their military, occupied the country. Consequently, political system, including the option of a dozens have been shot or tortured to death; republic under the supervision of the United thousands have been arrested; and hundreds Nations. This call has resulted in many have been taken to military courts. negative outcomes. The regime became The opposition renews its demands hesitant in addressing the opposition demands, and some political and social Sunni The military-security solution was doomed forces took the regime’s side in the for failure, as it was impossible, after the confrontation about reforms. They formed a February 14 uprising, to subdue the people new anti-February 14 Movement, called the who had started tasting freedom and would National Unity Gathering. In addition, the refuse to be once again enslaved. Therefore, regime managed to attract Western countries, once the state of emergency was lifted, the which distanced themselves from the opposition resumed its activities, reorganized opposition, while the GCC countries itself, and re-formed its demands. It regained supported the Bahraini regime, fearing that Western support after the regime’s violations this might affect them. for the most basic human rights were exposed. This was made easier by the A delegation representing the Crown prince regime’s practices, especially the revenge handed these points over to the opposition crusade, which included the dismissal of coalition in an official meeting at the Wefaq 4,000 public employees from their jobs (some headquarter. The delegation also met the of whom had participated in the protests; Shiite leading religious figures represented by others did not). The Shiite majority was the Supreme Ulama Council. The opposition especially targeted in this revenge. agreed to start the negotiation on the bases of these seven points, but it demanded Gulf The seven major opposition groups resumed countries’ and international assurances to their meetings, looking for areas of guarantee the fulfillment of any agreement, as cooperation, under some new circumstances: well as the development of a mechanism to the Progressive Democratic Tribune withdrew achieve this. However, the last minute effort from the opposition coalition, due to internal was aborted when the forces attacked the conflicts; the kept Salmaniah Medical Compound, where the hesitating between being part of the registered

8 opposition or the unregistered one, as many of chances, based on the notion of citizenship its leaders had been arrested; most leaders of should be adopted; and a new media policy the unregistered opposition had been arrested encompassing views of all nationals should be and were not present in the discussions and reached. inter-opposition negotiations. Fourth – In its efforts to accomplish this and win maximum support from the citizens, the The Manama Document on reform opposition has to stick to the peaceful option, The six major opposition groups (Al Wefaq, engage in peaceful rallies, marches and sit- Wa’ad, Amal, the Nationalist Rally, the ins, focus on the media sources, keep Democratic Rally, and the Ekha National channels of communications open with the Society) developed a document that became government, and record all major human known as the Manama Document on 12 rights violations and communicate them to the October 2011. It became the document that relevant international organizations. expressed the opposition’s vision of reform Fifth – A vision of future Bahrain under the slogan ‘the people wants to reform the regime’. A developed, democratic state, under a constitutional monarchy which will enhance The opposition renewed in this document its the values and practices of democracy. commitment to discuss the seven-point paper presented by the Crown Prince. It coined the Realizing the interests of the people of principal demands of the popular movement. Bahrain without any discrimination. First – The five primary demands: an elected Exerting efforts to stop all types of violations government that represents the will of the pertaining to immigrant workers. people; a fair electoral system; a single- Strengthening ties with members of the Gulf chambered parliament that solely has the Cooperation Council, and legislative and regulatory powers; an Organization of Islamic Conference. independent judicial system; and security for Pressing for strong ties with democratic and all, via participation of all trends of society in friendly countries. the formation of the military and other security services. Developing an economic environment based on market economy and social justice. Second – To implement these reforms, a new constitution needs to be written, and adopted Looking for Bahrain as a democratic state that after being ratified by the majority of a follows the example of Tunisia and Egypt, constitutional assembly and through a public and the other well-established democracies. referendum. Six – The road to the solution: As all efforts Third – Parallel to that, three issues need to be to subdue the people and silence its voice addressed immediately: a national committee have failed, and so has the inter-government should examine the granting of citizenship on dialogue, it is imperative to start a real and the political base; sectarian and tribal serious dialogue based on the seven principles discrimination should be ended, and, instead, adopted by the Crown Prince and to launch the principles of equality, equity, and equal negotiations between the opposition and the

9 regime based on the opposition’s principles. Constitutional reform from the No political and societal component can be opposition’s perspective excluded from the dialogue. The opposition considers the constitutional Seventh – The international community is reforms stated in the Manama Document as expected to encourage reformers and the an introduction to the cornerstone of the other moderate elements, and exclude extremists. It comprehensive reforms. As a beginning, the should also support the national opposition current government has to be dismissed and a and a solution based on negotiations, and later new government be formed that will represent support the Bahraini economy. Support for the national will, with the participation of the democracy in Bahrain should encourage the royal family. The opposition accepts the development of democracy in the Gulf and Crown Prince as Prime Minister, who is the Arab region. expected to carry out the steps pointed out in the Manama Document. The constitutional Reform from the regime’s perspective reform will be implemented through a new The King, who felt domestic (from the constitution and new constitutional Bahraini street) and international pressures institutions which would reshape the and were aware of the calls for a negotiation- prerogatives and powers, so that the King will based solution, called for ‘national dialogue’ be a constitutional monarch who reigns but starting from July 1st. He commissioned the not rules. He will be the symbol of the Speaker of the Council of Representatives, country; the top of the authorities, but not the who is known for his loyalty, to call for and head of the authorities. His status will be oversee a national dialogue. The man invulnerable as long as he refrains from developed a team from the concerned official interfering directly in politics. parties, excluding the ministries of Defense This will substantially amend the 2002 and Interior and the National security Constitution, which states that the King is apparatus. He also called the political almost an absolute monarch: he is above the societies, the civil society organizations, and three authorities – the legislative, the 300 individuals. However, within the executive, and the judicial; he has the right to structure of the National Dialogue Forum, the freely use any property that is not owned by essential issues put forward by the individuals, and to grant it to whoever he oppositions were not defined. Hundreds of favors; he can make legislations; the King’s recommendations were raised, but none of (and the Royal Bureau’s) budget is them touched upon the essence of the political confidential and does not fall under the regime. The King asked the cabinet and the mandate of the legislative authority. Most of parliament to carry out the recommendations. the King’s expenses are not computed in the But the dialogue ended in what looked like as national budget. a public relations festival, and the crisis went The role of the Royal family is enhanced with back to the first square. the appropriation of power and fortune, which has become a fait accompli. The Royal Family members occupy the senior positions in the military, security, intelligence, and civil

10 administration. They constitute the business Conclusion elite and the permanent partners for business Those are some aspects of the constitutional families and commercial and industrial reforms which are apparently faced by serious enterprises; and they occupy the first row in obstacles and long-lasting suffering. The the field of property and real estate. The has been trying for Royal Family occupies the positions of Prime decades to reach a reform-based solution Minister, the senior commanders in the army, together with the regime, based on a the major cabinet portfolios, and the major constitutional reform that would restore public servants positions, including the senior justice for all citizens, combat corruption and positions in the companies that are fully or make the King a symbol for the country’s partly owned by the government. The royal unity and an arbitrator among the competing Family members enjoy de facto immunity. powers. Yet, the King’s insistence on During the reign of King Hamad a strange maintaining his (and the Royal Family’s) phenomenon of veneration of the King privileges together with the regime’s refusal developed. His giant photos are everywhere in to compromise any of its benefits have made different poses – on the streets and on top of it impossible to achieve any step forward in the government (and sometimes private) this field. However, more remorseful is that buildings. Songs, poems, books and films this attitude has led the Bahrainis to give up have been produced to idolize his exceptional reform and adopt more radical demands, such personality. as overthrowing the regime. But it is not only the King. The tripartite symbol of the country includes – next to the King – the Prime Minister and the Prince Crown, whose images occupy the public and private space. During the current crisis, the role of the Prime Minister was most prominent as he led the campaign against the uprising.