Issue 20 • September 2010

Confronting Violence and Respecting Human Rights

Sooner or later, violence and riots will result in confrontation between the Government and those behind it. In the beginning, the Government did not wish to use its legal rights against instigators of violence because it was focusing on the newly established democracy and political process. However, because the violence has stretched beyond the limit and has been continuing for years, the Government has reached the confrontation point and has decided it is time to enforce the law. The recent arrests were expected and can be justified legally. The Government has the right to enforce law and order within its jurisdiction in order to protect its citizens’ In this issue interests and the stability of the country. On the other hand, the security forces’ failure to comply with the law and provide the detainees with their right of a fair trial is unjustifiable and Bahrain: Confronting 4 unacceptable. It is clear that there were some violations during detentions such as preventing detainees from meeting their lawyers and delaying the 6 Violence is Inevitable announcement of their place of detention. Confronting violence and riots has gained consensus in the country. This 6 Parliamentary Elections is clear from the statements of various political parties and civil society organizations, which condemn the escalation of violence and endangering 8 Promote Human Rights the public interests. But violating the law in order to confront advocates of violence is a 8 Haggag: Great Achievements different matter. For it is against Bahraini law and the Constitution and most importantly does not help in putting an end to the street violence. Also, violation of the law by some members of the security forces during for Arab Activists 10 riots pushes the public to provide support and sympathy to the rioters, and violation of the law also undermines the Government’s justification to 10 Are Human Rights impose law and order. 10 The law can be imposed without the need for any violations as enforcing Deteriorating in Bahrain? the law never contradicts human rights principles. In fact, the law intrinsically protects these principles. It is important to distinguish between firmly 10 enforcing the law and between breaching it, which could lead to even more violations. 12 We know that Bahrain has suffered from unjustifiable violence for years and that the margin of freedom was exploited in an attempt to ruin the political process. We also know that the Government is looking for solutions for such exceptional situations. But when the Government decides to resort to severe measures, it is important to remember that Bahrain’s strength lies in respecting the law and that the strength of its security will be tested when it confronts violence through the law. In summary, there is consensus to condemn the continuing violence as well as respecting human rights. However, confronting violence should be only through the Bahraini law and in accordance with human rights principles. http://www.bahrainmonitor.org/ Contact Us: [email protected] Bahrain Human Rights Monitor, Telephone: +44 77 7566 8596 London WC1N 3XX, UK News

Human Rights Society, ended with Strikes, Clashes and 150 inmates being punished by preventing them from receiving visits Investigations inside twice consecutively. Jaw Prison The National Institution for Human Rights presented an urgent request On 25 July 2010, 300 prisoners to the Ministry of Interior to visit the organized a general strike inside Jaw Central Prison demanding prison. The Bahrain Human Rights that the Government improve Society also presented a similar the circumstances of the strike, their conditions. According to request and said that it received the clashes that took place and the prisoners, food is prevented tens of complaints from prisoners the measures that were taken. The from getting in from outside and and their families regarding their delegation expressed its satisfaction sports have been prohibited. conditions. On 5 August 2010, the with the level of services and They demanded that an impartial Secretary General of the Bahrain transparency among prison officials. committee be established in order human Rights Society (BHRS), According to Al Wasat newspaper in to investigate these allegations. On Abdualla Drazi, and some of the an interview with Kamal Aldeen on the other hand, the authorities say families of the inmates met the 12 August 2010, the NIHR will issue that a group of prisoners refused Inspector General of the Ministry its own report regarding the outcome to eat, and obey orders. They also of Interior Brigadier, Ibrahim of the visit and its recommendations. stated that some demanded that Habib Ghaith, to discuss the latest the doors of the cells be kept open, developments in the prison. Escalation of Violence the time allocated for exercises On 10 August 2010, a delegation against Women be extended to midnight and to from the National Institution of be allowed to possess dangerous Human Rights (NIHR) including its The latest statistics compiled tools such as razors. The strike President, Salman Kamal Aldeen, by female societies, which shelter led to clashes and resulted in one visited Joe Prison and met several female victims of violence, indicated injury and, according to the Bahrain inmates. The delegation discussed that all forms of violence against

The King: On 17 August 2010, the King called for correcting the legal Implementing the Law to Protect Civil Peace status of institutions that work illegally. It seems that the King On 12 August 2001, H.M . the King stressed the importance was referring to Haq Movement, Al King Hamad bin Esa Al Khalifa, of ‘implementing laws without any Wafa Al Islami and the dissolved announced at the beginning of the hesitation against any act that Bahrain Centre for Human Rights. holy month of Ramadan that ‘there are aims to hinder our development, He added that ‘the legal statuses some citizens especially as they can express their of these institutions need to be who insist on opinions within the legal means that corrected. They should also work living abroad are available to all’. He also added within the law which organises their and insulting that ‘all forms of incitement should activities in the Kingdom within a their country be stopped and instigators bear clear legal framework, which is the without any the full responsibility for this and case in developed countries’. The reason’. should stop all shameful practices. King also stressed that the recent He added The Ministry of Interior as well as security measures will be within the that these other Ministries need to take the framework of the law and stated that individuals ‘can return to Bahrain necessary measures to stop them ‘as we live in a country of institutions and express their opinions freely as in order to protect our families the door is open for all those who and children from danger and our and law, all security measures wish to join their families during this beloved country and its respected taken recently will be referred to the holy month’. On 13 August 2010, citizens.’ judiciary’.

2 women have increased recently. the detainees have the right to be push the country to more political During the first half of this year, released immediately or have a fair and security tension and threaten the number of domestic violence and un-politicised trial according to the civil peace and the security incidents has reached 928 cases. Article 20 (C) of the Constitution, of the society. The societies also According to the statistics, May which reads: ‘the accused is innocent stressed in the statement their 2010 witnessed the most cases of until proven guilty in a legal trial at belief in civilised political dialogue domestic violence with a number which he has had all the guarantees between all political and social of 153 cases. On the other hand, necessary for the exercise of the parties including official bodies. This according to new statistics, 10% right to defence in all phases of the is because dialogue is a meeting of domestic violence cases affect investigation and trial in accordance point and that understanding the men who are abused by their wives with the law’. The societies also requirements of the various parties physically and verbally. Statistics rejected all acts of violence, arson can help diffuse any political or also show that women are primarily and vandalism of public and private security tension. subjected to physical abuse more properties. However, at the same The National Islamic Forum than any other form and that wives time; they rejected the excessive stressed the necessity of are the main victims and then use of force by the security forces. implementing the law without any children. These political societies include: hesitation. It also pointed to the the National Democratic Action fact that Bahrain enjoys a wide and Political Societies: Society, Waad, the Islamic Action, unprecedented margin of freedom Consensus to Amal, the National Brotherhood and is ahead of many counties in the Society, Al-Wefaq and the National region. Each citizen is able to express Condemn Violence Democratic Assembly. his opinion openly through the press On 16 August 2010, six Al-Wefaq and the National or through their MPs in the House of political societies expressed their Democratic Assembly also rejected Representatives. Therefore, there is concern over the recent security the sectarianisation of political and no justification for breaching the law developments. They affirmed that human rights issues as this can and using violence.

Ministry of Interior: dealt with similar situations with pardon and clemency till the number We will Use the Full Force of the Law of individuals who were pardoned by the King reached 2387’. In On 19 August 2010, the Minister confrontations and the increase in addition to this, he stated that ‘the of Interior, Sheikh Rashid bin Abdula the accusations against the State for Government’s hard work to provide Al Khalifa, commented on the recent not taking swift measures. He stated a decent living for citizens including arrests of tens of individuals who that ‘this has made it necessary to housing, health care, social benefits, were involved in violence and riots tackle the present security situation improving wages and passing and said and put an end to the political and legislations for their interest has that ‘anyone security lawlessness’. failed to change the behaviour of monitoring With regards to increasing security those involved in vandalism. It is the security measures, the Minister stated that also clear that some re-offend after situation and this was carried out due to ‘the being pardoned’. the continued increase of vandalism even through The Minister openly announced acts of the holy month of Ramadan’. He that offenders will be brought to incitement also pointed out that ‘an increase ‘account using the full force of the and vandalism during the past in dangerous acts will harm the civil law in order to impose law and order’. period, will understand the danger peace and will have catastrophic He also added that ‘it should be this causes to people’s social and consequences on the country, which known that the violence taking place economic lives as well as the harm its is something that cannot risked or is a serious matter and such acts are causes to the country’s reputation’. delayed’. He also highlighted that dangerous and illegal crimes which He pointed to the possibility of civil ‘in the past years the Government are prohibited in Islam’.

3 Article

Bahrain: The Inevitability of Confronting Violence Advocates Hasan Moosa Shafaei

The recent events in Bahrain to violence escalation. The are a natural and logical result development projects have also of the political and security been damaged in the areas that path that the country has been witnessed continuous rioting for taking for nearly a decade. The several years. arrests which took place in the What distinguishes the current context of violence, riots and confrontation is the fact that vandalism of properties were the arrests in the past involved also expectable. These arrests teenagers in general who were represent a turning point in the detained for a limited period of confrontation with some parties time then released. However, the that the Government accuse of recent arrests targeted political instigating violence and riots. leaders and prominent figures Hasan Moosa Shafaie The Government’s decision to who reject the political system violence and insulting language take tough measures came late and believe that the law does not to extent that there was no for some observers, and came apply to them. For instance, they room for reconciliation. The on time for other observers refuse to register themselves advocates of violence always because violence had escalated as a political society or obtain a wished to escalate the situation and commercial streets, touristic licence for organizing protests or thinking that they could achieve and social sites, which have demonstrations. These groups their objectives, however this never been targeted before, were believe that it is not necessary turned out to be contrary to their targeted this time. This pushed to adhere to peaceful political expectations. the Government to interfere firmly action and that setting fires, using in order to stop the deterioration Molotov and cutting electricity off Now that the Government of the security situation in are peaceful activities. These has decided to carry out a Bahrain. leaders were hoping that the comprehensive confrontation It is difficult for violence and situation would escalate due with the advocates of violence, riots to become part of a newly to the response of the security it is legitimate to ask whether the established democratic process. forces to violence. They had Government will adhere to human It seems that the Government’s hoped that clashes would take rights standards with regards attempt to separate security from place injuring some people and to detention, investigations and politics in order to protect the new result in the arrest of rioters and trial. It is clear that violations have political process from any harm that the situation would finally taken place such as the failure to has failed. It also seems that develop and ruin the political provide lawyers for the detainees, the attempt to control extremists process itself. preventing their families from by letting them participate in the The regime in Bahrain was meeting them, failure of revealing political process has also failed. hesitant about taking tough the exact location of their The political process has been measures knowing that this is not detention and failure to identify harmed in a way or another in the country’s interest. But the the law according to which they due to violence, or at least extremists misunderstood this have been detained. Some of has lost some of its vitality due hesitation as weakness and used these issues have been dealt with 4 but others have been delayed. next October. Some people who perceive the recent events This situation has caused some believe that the elections will be as being part of an Iranian concern to international human less exciting due to the security conspiracy. For example, on 21 rights organizations, which situation and the existence of August Al Qabas newspaper issued statements in this regard. detainees. Others believe that published an article based on There is no objection to the the Government is going to Bahraini intelligence information. Bahraini Government’s right to provide sufficient incentives for The newspaper stated that a impose law and order, confront the elections. On the other hand, network of 250 individuals were riots and advocates of violence Al- Wifaq Society, which is the arrested in Bahrain a few days or detain and investigate with largest Bahraini society, said that ago and that the network has anyone who threatens the security the incidents will not affect its strong links to a military body of the country. The problem is participation in the next election. in Iran and planned to act as how far the Government is willing However, it seems that Al – soon as Iran is attacked. On to respect the legal and natural Wifaq needs to put more effort 23 August 2010, the Bahraini rights of the detainees as stated in order to convince its voters to national security denied the in the domestic legislations and participate in the election. This is news and said that the detainees international conventions. Failing if it really wants to win the same have no connections to Iran to do so would be regarded as a number of seats it won in the and also denied ‘the existence human rights violation. 2006 elections. of any connection between On the ground, there are Some people, including the detainees and the Islamic many security procedures that both Sunnis and Shias, view Republic of Iran’. prevent the continuation of the situation from a sectarian This does not mean that violence, vandalism and rioting. perspective and describe the violence will end or that the Based on the large number of recent confrontations as a conflict political process is safe. There security forces on the street and between the ‘Sunni Government’ will always be some people who the fact that internal instigation and the Shia citizens in are against the political system in has almost stopped, violence Bahrain. Others emphasised principle and not only the political should decrease. There is also this sectarian perspective for process. However, the measures political consensus between their own political interests and taken so far should prevent the different parties to condemn mobilisation. The extremist wing violence from occurring and stop violence and riots and support does not represent the Shia those who instigate it. the Government’s right to impose majority who are participating in After the situation calms down, law and order. the political process and have the political process needs a new On the legal level, unlike their own institutions, figures start in order to bring life back into previous situations, which ended and interests. This Shia majority politics, which has lost its vitality. with royal pardon, the detainees does not view itself as being in This can be achieved through could be imprisoned this time. conflict with the Government and strengthening the relations Most importantly, the trials does not feel that it is targeted in between the legislative and should be public and fair and the confrontation with violence executive authorities. This is in in the presence of human rights advocates. The President of Al- addition to a better performance organisations. Wifaq Society, Sheikh Ali Salman, by the House of Representatives On the political level, all stated during a Friday prayer that and passing new laws that confrontations and their the majority of Shia are harmed expand the margin of freedom repercussions should end before and unhappy about the riots. including the new Press Law and the elections on the 23rd of Also, there are some people the NGOs law etc. 5 Point of View

Bahrain: Parliamentary Elections and Human Rights Promotion

Bahrain is approaching the date for which prevent persons entitled to vote from in the Bahraini society, and should holding legislative elections scheduled for exercising their rights effectively. Persons not work to fuel them. Programmes of 23 Oct 2010. It will be the third election entitled to vote must have a free choice political societies should be based on a since Bahrain started the political reform of candidates; such electoral participation comprehensive national basis, and away ten years ago making Bahrain one of cannot be realized without ensuring from sectarian loyalty. The elections the emerging democracies in the world. freedom of expression, assembly and are the best peaceful means in the fight It is obvious that the next parliamentary association. Hence, comes the importance against violent tendencies that usually elections are of paramount importance of political participation of all factions affect members of communities governed in order to strengthen democracy in of society without exclusion. Elections by oppressive regimes. Furthermore, Bahrain; handle conflict with the forces are the most important mechanisms the elections result in producing means of extremism and violence, which want to for political reform particularly when all and mechanisms for monitoring and hold sabotage the political process; as well as political forces and segments of society to account officials as well as fighting facing the regional negative tensions that are actively involved. corruption. are reflected on the region and Bahrain. That is why elections are so crucial for The need for the Role of civil society political stability in Bahrain. There are two democratic experiences participation of al in the elections in the Gulf, the first is the Kuwaiti political societies To have a complete elections, it is experience, which started in the sixties necessary to strengthen the political of the last century; and the other is the The upcoming Bahraini elections participation of all without exclusion, and Bahraini experience, which was cut off in present a great opportunity to promote promote participation of all citizens in the seventies and then resumed in 2000 the process of political reform and free and fair elections, which may require through a reform project championed democratization, as well as to identify implementation of several actions and by the King of Bahrain. It is clear that the sizes of political and social forces activities by political societies and civil the Parliament of Bahrain does not have and their weights in the Bahraini society. society organizations such as round the powers enjoyed by the Parliament of They present an opportunity to measure table seminars, conferences and panel Kuwait because the draft laws adopted whether some political forces are declining discussions involving political societies by the House of Representatives of or progressing for their participation in the and representatives of civil society and Bahrain must also be approved by the political process. citizens to discuss ways and means to appointed Shura Council in order to be The elections is also an opportunity promote a free and fair elections and how valid. However, this does not detract for the political forces that boycotted to engage everyone in it. Such activities from the vital role played by the Bahraini the previous elections in measuring the should aim to raise the awareness of Parliament. However, there is need to extent of their national commitments to citizens and civil society institutions of fully empower the Bahraini Parliament in the political process as a whole, their international standards for free and fair order to keep up with the ongoing political willingness to contribute positively to elections, and the role they can play in transition in Bahrain. the management of public affairs of the promoting participation in elections, as well Article 25 of the International Covenant country and take responsibility. This is as to promote the concept of citizenship. It on Civil and Political Rights recognized a human right guaranteed by Article 25 is important to emphasize the concept of (the right of every citizen to take part in of the ICCPR referred to above. The citizenship as the primary source of rights the management of public affairs, and parliamentary elections in 2002 were and duties, and that there is no place for the right to elect or be elected). Thus, the boycotted by four political societies discrimination between citizens on the elections are an inherent right for every namely: the Al-Wifaq Society, which is basis of race, colour, religion, sex, belief citizen to participate in the management of considered the strongest political society and sect. In general, the electoral process state affairs. Elections must be based on in Bahrain; the National Democratic should include the minimum international objective and reasonable criteria such as: Action, the National Democratic Alliance standards for elections, which we will ensuring the right of citizens to participate and the Islamic Action. But all societies cover in the next issue of this newsletter. in the management of public affairs; (except the Islamic Action) took a u-turn It is important to point to the need for conducting periodic, genuine and credible and participated in the 2006 elections. civil society to play a role in activating the elections. Positive measures should be It must be recalled the importance of dialogue on the mechanisms required taken to overcome specific difficulties such elections and the role of political elites for holding credible parliamentary as illiteracy, language barriers, poverty, or and their impact on the containment of elections, as well as to its role in urging impediments to freedom of movement, sectarian, tribal and ethnic tendencies the political forces and citizens to engage 6 in the elections. Civil society should also candidates and voters but did not win any Human Rights Society participated in work to encourage the political forces to seats. In the 2006 parliamentary elections monitoring the last elections in Bahrain, promote youth participation in the electoral there were 16 female candidates but only also participated in monitoring the elections process at all stages, and should work one woman won a seat. in several countries including Kuwait to raise awareness among young people On the other hand, opponents of the and Lebanon. It is important to mention about the constitutional and international quota system argue that the Bahraini the availability of national expertise to standards for free and fair elections and society must mature, culturally and accomplish this monitoring work. But the importance of participation. politically, so that it does not see the some countries have reservations against nomination and election of women a the presence of foreign observers for The quota system between strange or unfamiliar phenomenon, and elections, or even against the U.N. to monitor the elections process. It is known acceptance and rejection that women themselves need to make efforts to reach Parliament on equal that the U.N. has monitored the electoral Bahraini women have been able to footing with men without the need for a process in a number of countries in various develop women’s political participation special resolution or sympathy. Moreover, regions, particularly in countries with in the management of public affairs there is a difficulty in making constitutional fragile democratic experiences especially in Bahraini through the institutions of amendments acceptable to all and which in the post-armed conflict and civil wars, local authorities and municipalities and will enforce the quota system and give or when the U.N. provides assistance in involvement in civil society organizations women the proportion of seats in the the context of the process of building State and voluntary institutions and national House of Representatives (e.g. 30%). institutions (Bosnia and Herzegovina is advisory councils such as the Supreme an example). In general, the nature and Council for Women’s Affairs. But women Candidates must quality of assistance provided by the U.N. for the elections is determined in light of include human rights the particular circumstances of the State in their programs concerned. So far, the Bahraini government has a There is need to include human position against the presence of foreign rights in the programs of candidates observers but has agreed to have local for the upcoming elections because observers. Furthermore, there seems to this commitment will lead to a greater be no insistence from civil society to have political stability and respect for human foreign observers for the elections. The rights, and will work as a barrier against experience of the last election did not sectarian violence. The importance of this show fraud, which requires the presence of failed to access Parliament through commitment is that it makes MPs engaged foreign observers. However, the Bahraini elections for many reasons including the in policy-making that seeks to reform the Government should provide all assistance culture of society, weak potential of women human rights situation as a matter of high and create conditions to help civil society and lack of support from political societies. priority in their agenda when they reach organizations and local observers to do Thus the idea of applying the quota system Parliament. This entails a moral obligation their work. Such domestic monitoring task was born to reserve seats in Parliament on their part to fulfill the promises they is essential in order to give credibility to the for women. The idea was endorsed by made during the campaign. Reform of electoral process. The monitoring process the Women’s Federation and its affiliates legislation to conform to international should cover all stages of the elections but rejected by the Supreme Council for human rights instruments is the beginning including: the preparations for the elections Women’s Affairs. of the right track towards respect for including the campaign period; registration Supporters of the quota system human rights by institutions and executive of voters; vote counting; results and follow- believe that the system is a procedure to bodies concerned. It is the responsibility of up. enhance the progress of women’s political civil society in Bahrain to put pressure on The BHRM calls on the parties participation through the allocation of all candidates for the inclusion of human concerned to facilitate monitoring the seats for women in either Parliament or rights in their programs. upcoming legislative and municipal the municipalities, or a mechanism to elections, and to facilitate the work of the address the marginalization of women Election monitoring observers to do their work to the fullest, in decision-making bodies. The question in order to ensure fair elections and to remains about the extent to which the Monitoring the elections is an internal prevent interference by government quota system will help in promoting matter related to the state. The State agencies. It also emphasizes the need women’s representation in Parliament of must therefore provide an appropriate to avoid any practices that might cast Bahrain. The Bahraini women participated environment for national observers. The doubt on the credibility and integrity of the for the first time in the 2002 elections as Transparency Society and the Bahrain elections. 7 Interview

Haggag Nayel: The Arab Human Rights Movement has Achieved many of its Ambitions

The Arab Program for Human Rights Activists (APHRA) is a regional human rights organization concerned with defending human rights in the Arab World. The objectives of the organization are similar to those of Front Line which works on an international level from its base in Ireland. The APHRA was registered in Cairo in April 1997 as a practical and positive development in collective dialogue regarding the problems, needs and aspirations of activists working in human rights in the Arab World. For many years this Program has served and strengthened the Arab human rights movement in various Arab countries. The BHRM interviewed the President of the APHRA, Haggag Nayel and asked him the following questions: such as Saudi Arabia and Libya Haggag Nayel To what extent have you been able to had no human rights organisations achieve the ambitions of the APHRA? whatsoever. There were also some such as developing a human rights The APHRA was established as countries in which the human rights syllabus for schools and universities. non-profitable and non-governmental movements worked abroad. For Also, terms such as human rights and organization in 1997. During this instance, the Sudanese human rights civil society have now been included in period, the political and human rights organisation conducted their activities the official discourse of Arab countries. situation in the Arab World was quite from Cairo. Also, during the eighties, The laws of Arab countries have also different because the number of the Bahraini Human Rights Society permitted the establishment of human activists was no more than 600. Also, carried out its activities from Europe rights organisations and the security defending human rights was restricted and the Bahraini Committee for Human forces no longer interfere directly in politically and legally. For example, Rights established its headquarters in their activities. In general, the APHRA the Egyptian law of Private Association Damascus. In addition to this, the Arab has succeeded in achieving a large and Institutions Act No. 32 of 1964 did Organisation for Human Rights, which part of its ambitions and objectives with not allow civil society organizations was rejected by all Arab countries, was the cooperation and partnership of the to work in the human rights field. For registered in Cyprus. From this came Arab human rights movement. this reason, the human rights activists the need to establish the APHRA in in Egypt resorted to establishing non- order to defend activists wherever they You say that part of your objectives profitable companies according to the may be and discuss their problems and is to create new mechanisms to protect civil law in order to avoid the restrictions needs as well as their requirements human rights activists in the Arab of this law which was referred to as Act. and ambitions. World and support the continuous 37. Looking at the situation of the communication between human rights Moreover, the NGOs at that time activists in the Arab World- despite the activists; in addition to creating an did not succeed in spreading a human existence of complications, problems independent voice for expressing their rights culture in the region. As a and violations- it is possible to say that: needs and problems. How far did you result of this, controversies spread -the Arab movement for human rights succeed in this? regarding the political backgrounds of has achieved a lot of its aspirations Undoubtedly, the objectives of the human rights activists, which accused on both quantitative and qualitative APHRA were put forward during special them of following Western agendas. levels. On the quantitative level, the historical and political circumstances. Additionally, several human rights number of organisations concerned Hence, these circumstances affected activists were arrested and detained with defending human rights in the our visions and objectives during during this period in Egypt, Tunis, Arab World has increased significantly the establishment of the program. Morocco and Syria. The program as well as the number of activists However, we have succeeded in started its practical activities during a concerned with defending human achieving many of our aspirations. For time of great restrictions in the Arab rights. On the qualitative level, the Arab instance, in 1999 we discussed the region. During this period, countries movement has accomplished greatly issue of female activists in Morocco 8 and also brought together activists and the Arab laws and regulations that read the opening speech. We have their organisations in the Arab World restrict civil and political rights in the no objection to cooperating with and those working in exile in Paris Arab World. The second edition of Arab governments as long as this will in 2001. We also published reports Railings, which is still under printing, promote and improve human rights. and recommendations and organised tackles laws and regulations that APHRA has an ambitious project since media and legal campaigns, which limit or restrict the economic, social 2005 entitled ‘Towards more Effective allowed us to say that we were behind and cultural rights in the Arab World Roles for Activists in Social Issues’. the return of many exiles to resume . Moreover, the ‘urgent statement’ The APHRA has been working on the their activities in their countries. method is used by the Program as an issue of education in Egypt in order Moreover, the Al-Nushata’ magazine- active and quick mechanism constantly to improve the quality of educational we have published 32 editions so far- throws the light on one of the legal products. This is in addition to has become an independent voice for articles, which need to be changed or increasing the role of civil society all activists’ opinions and problems amended in the Arab countries. The organisations in the partnerships of despite their diversity. The continuous APHRA organised a comprehensive administering education in 2009-2011. communication with the activists is a project for two years entitled ‘Together Also, the APHRA has been working constant mechanism and objective of for the Elimination of Laws and Special towards combating corruption in Egypt the Program. This is achieved through Courts’ in Egypt which resulted in the and emphasising the role of human the use of modern technological means abolishment of some military orders as rights organisations in this issue since as well as an enormous network of co- well the State Security Law of 1980 that 2008. The APHRA is also working on a ordinators and correspondence, which was established in accordance to Law project to support the decentralisation covers the whole Arab region. No. 105. of councils. The strategic plan is available and is being implemented in There are many national legislations Most reports issued by international steps and phases for assessment and in the Arab World that need to be human rights organisations criticise amendment purposes. the human rights situation in the made compatible with international region. Is there a plan by the APHRA, conventions and agreements; The Arab human rights organisations with the cooperation of Arab human especially those which constitute an are facing many difficulties and rights organisations and governments, obstacle to human rights activists. problems. Can you tell us about the to improve the human rights situation? What is the role of the APHRA in difficulties and problems that have We don’t believe that the reports are encouraging the Arab governments to affected your performance? criticising human rights in the region. achieve this? The answer is quite difficult because The reports describe the reality of Generally, the legislations in the Arab we really did not have many problems human rights and hence it seems that World need to be changed in order and obstacles that stopped us from they are criticising the governments. to agree with the International Bill for achieving our goals. This does not The real problem lies in the fact that Human Rights especially, the laws security forces are given wide authority mean that our work is completely free relating to civil society organizations, in the Arab World. Therefore, we find of problems. It is possible to summarise the media, publications, state security, that most human rights reports always our difficulties in the following: martial law, penal codes and political end with recommendations directed Funding problems: parties. at governments in order to develop Local funding for human rights Due to the importance of this issue, human rights. The main objective of activities is almost non-existent in the it has always been at the centre of all human rights organisations is to region and most organisations depend the attention of the APHRA since its develop human rights in the region on foreign funding for their human rights establishment. The APHRA is in the The APHRA cooperates with and development projects. Sometimes, process of releasing a series of reports organisations and sometimes with the number of projects decreases due to discuss this subject, seven of which ministries on several human rights to the lack of funding, which affects our have already been published and projects. For example, we have cause and objectives negatively. discussed the legislations in: Egypt, organised a training project on the Despite the lack of funding, we in Tunisia, Sudan, Bahrain and Yemen. fair trial standards in Egypt, Bahrain the APHRA are able to maintain the This is in addition to publishing the first and Morocco. The Bahrain Ministry continuation of certain activities such edition of Railings, which discusses of Justice launched this project and as: our magazine Al- Nushata’, the 9 Issue

urgent statement and the regional political calculations regarding specific organisations? reports concerning human rights. human rights activities. Therefore, at It is good that there are many human Legal problems concerning funding: times it forces hotels and clubs in which rights organisations in the Arab World The response of the government to the activities take place to cancel their and we hope to see even more in each funding requests is always delayed. bookings. The APHRA has encountered Arab country. As this will improve the According to Egyptian law Article 17, similar problems during the project situation in the region and expand the organisations are prohibited from ‘Together to Save Darfur’ when the foundation of the APHRA which aims to receiving any funding from a foreign Egyptian Government cancelled the communicate with, and defend, human body, whether it is based in or outside project in the first quarter of this year rights activists. However, a closer look Egypt, without the prior permission due to the Sudanese elections. This at the new established human rights of the Ministry of Social Affairs. It is organisations during the last ten years was based on the excuse that the also prohibited to send any donation shows that none of them is specifically project could strain relations with the without prior permission- excluding concerned with defending human rights Sudanese Government. books, newsletters, art and science activists. For they are all concerned magazines. For this reason, a delay in with human rights in general or any funding request for more than six Currently there are many human specialise in defending a specific group months threatens our activities. This rights organisations in all the Arab of people or a specific right. Therefore, has been the case over the last two countries, and the APHRA is no longer the APHRA is the only Arab institution years. alone in the region. What role do you in the region which is specialised in Problems relating to activities: play and what distinguishes you defending human rights activists in the Sometimes governments have from international, Arab and regional Arab World.

In the Light of the Recent Incidents: Are Human Rights Deteriorating in Bahrain?

International and regional human Program for Human Rights Activists the detainees must be released or be rights organisations were surprised by and Cairo Centre for Human Rights brought before the Public Prosecutor the recent arrests of individuals who Studies. All the statements of these within 48 hours of arrest as required have been accused of inciting violence organisations are similar in content and under the penal code. and terrorism in Baharain. The surprise objectives, although some were stern No one expected that the recent related to the performance of the and inaccurate. For example, Amnesty security measures were based on security forces during the first days of International stated on 18 August 2010 the Law ‘to Protect Society from their detention and the public statements that the ‘The latest arrests mark an Acts of Terrorism’ which was passed regarding what had occurred. However, increased clampdown on opposition by the Parliament in 2006. This for close observers the arrests were and civil society activists’. Law was criticised by human rights expected for some time because of the The reactions of these human rights organizations inside and outside the political dimension of the escalation of organisations raised several questions country. According to this Law, the violence and riots. Hence, there had to including: security forces have the right to detain be a time when the Government would individuals for a maximum period of 15 take firm steps to put an end to it. 1-The legal framework for days before bringing them before the This escalation attracted the attention detention: Public Prosecutor or releasing them. of many international human rights Hence, the fact that the detainees were organisations including Amnesty Since the first days of the arrests, prohibited from contacting their families International, Human Rights Watch, the there has been discussion over the or legal representatives was covered by British Bar Association, the Committee Government’s violation of the law this Law. to Protect Journalists, the International when dealing with the detainees. What caused a misunderstanding Federation for Human Rights, the World The statements of both Amnesty and is that the security authorities failed to Organisation Against Torture, the Arab Human Rights Watch highlighted that clarify the law it based its procedures 10 on. Human Rights Watch stated that such organizations and will eventually deteriorating or that Bahrain is moving the authorities did not point to the Law lead to ignoring their reports. According towards becoming a police state or to for Combating Terrorism regarding the to the Government and some observers, retract the achievements it made at the recent arrests. However, after some the international delay, on 21 August 2010, a security human rights source announced that the arrests organizations did were in fact based on this law. Within not understand the the required legal period of 15 days, nature of the political on 26 August 2010, Abdul Jalil al- change taking place Singace was brought before the Public in Bahrain as well Prosecutor, allowed to meet his lawyer as the available and his detention place was revealed. margin of freedom. This was the issue which was raised They also did not by Amnesty on 18 August 2010, which understand the called upon the authorities to reveal the aggressive nature whereabouts of the detainees. of the opposition’s work and the harm 2- The relations between that they could inflict human rights organizations upon the country. This issue is not related to freedom of political and human rights arenas. We and the authorities in expression or with practicing peaceful also do not think that the stability of the Bahrain: political activities. country can only be maintained if its accomplishments are undermined. International human rights 3- The future of Moreover, despite the Government’s organizations expressed their concern human rights: disappointment regarding the lack regarding the future of human rights and of appreciation of international providing detainees with their legal rights There are many questions relating to organisations for its accomplishments, in Bahrain. Although Bahraini authorities what has already been discussed such we think that there is a strong will to have constantly announced that they as: are human rights going to deteriorate continue with the reforms started a will adhere to the law and guarantee in Bahrain, especially if relations decade ago. The excitement over the fair trials, this has not had a positive with international organizations are reform project is probably not going effect on the reactions of human rights weaken? Is the Government less keen to be the same as before due to the organisations. This has made Bahraini on adhering to international human constant violence and the limited officials feel that these organisations rights standards, the Constitution and trust between politicians and between do not accept information provided by the local law? Will the existent security the Government and international them. And since these organisations campaign continue for a long time and human rights organisations. A mature do not search for varied information stop human rights from developing and performance by all politicians and sources, this renders their prospective improving? activists will play an essential role in inaccurate and imbalanced. Therefore, These are some valid and worrying developing Bahrain politically and on a the Government considers their reports questions and not merely hypothetical. human rights level in the near future. to be biased and exaggerated. Some of these questions have been This time, it is most likely that the It is feared that the Government’s raised by prominent human rights Government will not be lenient with increasing sense of disappointment figures during the last three weeks and violence advocates. However, it is will reflect badly onto its relationship by those who have been following the also likely that it will not decrease the with international human rights current situation closely. We would like available margin of political and civil organisations. If the policy of openness to emphasize that the worsening of the freedoms. Human rights activists inside and cooperation with international relations between the Government and and outside Bahrain are demanding human rights organizations has been human rights organizations is not in the more adherence to human rights neglected by some actors from within best interest of the country. We do not standards when confronting violence Bahrain, this will weaken relations with think that human rights in Bahrain are and riots. 11 The Monitor

Bahrain Human Rights Monitor Condemns Attack against Journalist Mohanad Abu Zaytoun

On 26 August 2010, the Bahrain Human Rights Monitor represent the first line of defense of public freedoms. (BHRM) issued a public statement condemning the violent It is widely believed that this attack on the chief editor assault against Mr. Mohannad Abu Zaytoun, chief editor of of Al Watan newspaper, which is the first of its kind, is Al Watan newspaper that took place on 25 August 2010 attributable to the fact that Al Watan newspaper was the in the capital Manama. It is believed that two masked toughest among the press in the face of currents of riots men violently assaulted and wounded Abu Zaytoun in the and violence. The BHRM pointed to the sequence and shoulder with a sharp object, and attempted to burn his acceleration of the recent violence after the Government car by throwing a petrol bomb (Molotov) on it. Following had announced the arrest of dozens of people described by the assault, Abu Zaytoun was taken to the hospital for the Government as instigators and participants in riots and treatment. violence that continued for a long time. In solidarity with Abu Zaytoun, the BHRM announced The BHRM called upon everyone to resort to the voice of its full support to him stressing his right to physical safety reason, sound arguments and logic far from the methods and security. The BHRM confirmed the need for concert and means of violence that undermine human rights in efforts to protect press freedoms and journalists from all Bahrain, warning of the danger of widening the circle of attacks aiming at the freedom of opinion and expression violence. It also called for the adoption of a national strategy guaranteed by the reform project as well as the Charter to combat violence pointing out the need to by-pass of National Action and the Constitution of the Kingdom of persons who intend to disrupt the legislative elections to be Bahrain. Furthermore, BHRM called for serious work and held on 23 October, and not allow them to undermine this collaboration with the Bahraini press to strengthen the important national right because it is one of the significant state of the rule of law and protect freedom of opinion and political rights guaranteed by international conventions, the expression cautioning at the same time from the violence Constitution and national law, and because elections are and attacks on civilians especially opinion writers, who the best way for the community development and stability.

BHRM Condemns Violence and Calls for Respect for human rights

The Bahrain Human Rights Monitor (BHRM) condemned “Violence and freedom do not meet. It is strange enough the unjustified violence that occurred on 15 August 2010, that some people have used violence at a time a climate which included arson, assault on public property and of freedom is available in Bahrain. Violence does not blocking the streets with burning tires, throwing Molotov serve the cause of democratization, human rights and cocktails at policemen, and endangering the lives of civilians. the upcoming elections in next October”. He went on to At the same time, the BHRM calls upon the Government say: “All should respect different opinions and the right of to respect human rights, and abide by the Constitution and peaceful expression. Those who don’t accept this, they put all international conventions, which the Government has human rights in a difficult position, undermine human rights pledged to implement, especially with regard to freedom achievements and block the progress of human rights and of expression, arbitrary arrest and detention, and fair trial democracy.” guarantees at all stages, from the stage of arrest and until The BHRM urged everyone to calm down and, further, the later stages of appeal. to find practical solutions to help the peaceful expression The acts of violence and vandalism have been going on for of different views and not turn them to an instrument of several months in several areas in the provinces of Bahrain violence, warning of widening the circle of violence and and they are likely to continue by reason of the arrest of counter-violence at this critical time where Bahrain is about seven people for allegedly inciting violence and encouraging to conduct municipal and legislative elections. BHRM also youth groups and minors to resort to sabotage. According called on security agencies not to use the events, whatever to security authorities, the arrested persons belong to an their size, to undermine human rights. In this regard, BHRM organized network designed to damage national security called the security authorities to bring charges against those and that could undermine the stability of the country. arrested and refer them to the court for fair trials or release President of the BHRM, Hasan Moosa Shafaei said: them immediately.