FREEDOM OF ASSOCIATION IN THE ARABIAN GULF: THE CASE OF BAHRAIN, KUWAIT AND YEMEN ICCPR Article 22: 1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests. 2. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right. 3. Nothing in this article shall authorize States Parties to the n°519a March 2009 © University of Texas Libraries Texas © University of FIDH - AIHR. FREEDOM OF ASSOCIATION IN THE ARABIAN GULF: THE CASE OF BAHRAIN, KUWAIT AND YEMEN/3 ACKNOWLEDGMENT We would like to extend our sincere gratitude to all who helped in producing this report. First of all, thanks go to FIDH members’ organizations and partners for their help in assisting in the logistical organization of the field research missions, Sisters Arab Forum for Human Rights in Yemen, the Bahrain Human Rights Society in the Kingdom of Bahrain and the Kuwait Human Rights Society in Kuwait. We also extend our thanks to the authorities of Bahrain, Kuwait, and Yemen for the time they granted to FIDH research delegation and the valuable information that was made available for this report. Finally, special thanks go to Frontiers Association for offering access to the office and material, and to all the interviewees without whom the report would not have been possible. This report was elaborated with the support of the European Commission. The points of view presented herein reflect the opinion of the organizations endorsing the report and not under any circumstances the official point of view of the European Union. FIDH - AIHR. FREEDOM OF ASSOCIATION IN THE ARABIAN GULF: THE CASE OF BAHRAIN, KUWAIT AND YEMEN/3 TABLE OF CONTENTS Acknowledgment p.3 About this report p.5 Introduction p.6 Bahrain p.9 The legal and policy framework relating to freedom of association p.9 Specific provisions relating to the formation, functioning and dissolution of associations p.12 The right to establish an association or a union p.12 The right of associations to freely carry out their statutory activities p.19 1- The right to be free of control, interference and supervision p.19 2- The right to seek and receive funds p.23 3- The right of affiliation to regional and international organizations p.26 The right to protection from suspension, closure and dissolution p.27 The right of members to protection from prosecution and discrimination p.28 1- The right of human rights defenders not to be penalized for belonging to a non-registered organization p.28 2- The right of trade-unionists to protection from anti-union discrimination p.31 Kuwait p.32 The legal and policy framework relating to freedom of association p.32 Specific provisions relating to the formation, functioning and dissolution of associations . p.33 The right to establish an association or a union p.33 The right of associations to freely carry out their statutory activities p.38 1- The right to be free of control, interference and supervision p.39 2- The right to seek and receive funds p.40 3- The right of affiliation to regional and international organizations p.42 The right to protection from suspension, closure and dissolution p.42 The right of members to protection from prosecution and discrimination p.43 1- The right of human rights defenders not to be penalized for belonging to a non-registered organization p.43 2- The right of trade-unionists to protection from anti-union discrimination p.44 Yemen p.45 The legal and policy framework relating to freedom of association p.45 Specific provisions relating to the formation, functioning and dissolution of associations p.47 The right to establish an association or a union p.47 The right of associations to freely carry out their statutory activities p.54 1- The right to be free of control, interference and supervision p.54 2- The right to seek and receive funds p.56 3- The right of affiliation to regional and international organizations p.58 The right to protection from suspension, closure and dissolution p.59 The right of members to protection from prosecution and discrimination p.62 1- The right of human rights defenders not to be penalized for belonging to a non-registered organization p.62 2- The right of trade-unionists to protection from anti-union discrimination p.62 Comparative analysis of freedom of association in the 3 countries p.63 Conclusion p.70 Recommendations p.70 Annexes p.72 FIDH - AIHR. FREEDOM OF ASSOCIATION IN THE ARABIAN GULF: THE CASE OF BAHRAIN, KUWAIT AND YEMEN/4 FIDH - AIHR. FREEDOM OF ASSOCIATION IN THE ARABIAN GULF: THE CASE OF BAHRAIN, KUWAIT AND YEMEN/5 ABOUT THIS REPORT The present legal study that covers the right to freedom of association in three Arab Gulf countries, Bahrain, Kuwait and Yemen, was undertaken in preparation of a regional seminar, aimed at building civil societies’ capacity to participate effectively in democratic transformation, to be organized jointly by the Arab Institute for Human Rights (AIHR) and the International Federation for Human Rights (FIDH). FIDH commissioned Ms. Samira Trad to carry out the study and the field research mission. The preliminary research started in October 2007 and the field missions took place in February 2008, and the writing of the report started thereafter. It is important to mention that the cut date for the information in this report is end of February 2008. Exceptionally, some information was updated after that date. The report focuses on the current legal and policy framework of the right to freedom of association in the three countries subject of this study. It is limited to the study of three specific categories of associations - independent human rights organizations, workers’ trade unions (excluding professional and employers unions), and political parties. It analyses the compatibility of national laws and practice with international human rights standards and assesses current trends and policies. The report did not attempt to look at the historical development of these policies or legal frames, although at times this seemed relevant and necessary to gain a better understanding of the trends and policies. The analysis was limited to two fundamental aspects of the right to freedom of association: the right to form or join an association and the right to function freely. As such the research concentrated on the five main factors that constitute the basic and fundamental rights of the freedom of association: the right to exist without prior authorization; the right to be free from control and interference in internal management and running of the organization; the ability to manage funding openly and transparently; the right to be affiliated to regional and international organizations; the right to carry out activities without fear of prosecution, suspension or dissolution. An assessment of the right of migrants to form and join non-governmental organizations and trade unions based on the principle of non-discrimination between nationals and non-nationals; the right not to be penalized for belonging to a non registered organization; the right to protection against anti-union discrimination, were as well components of this study. The analysis is therefore limited to the organic elements, bearing in mind that a study of the full spectrum of freedom of association and the rights at stake would exceed the scope and objectives of our current study. The information, analysis and findings of this report are the result of a twofold research methodology relying on both theoretical as well as field research. Firstly, primary and secondary sources, existing literature and related legal documents, were collected and reviewed. Secondly, field research including interviews with relevant officials and civil society actors were carried out in the three countries. Although the study approaches both legal and practice, the legal aspects are still predominant in the analysis. The focus of both the theoretical and the field research was the countries’ international obligations and the extent to which national legislations and other administrative regulations related to freedom of association and the related policies are in conformity with relevant international standards. The field research aimed at analyzing in more depth legal framework and the practical implementation of policy and the realities of freedom of association with respect to human rights NGOs, trade unions, and political parties. In Bahrain, FIDH interviewed five governmental bodies, six human rights NGOs, three political associations and one alliance of political associations, and five trade unions (See list inAnnex 2). In Kuwait, FIDH delegation interviewed five different governmental bodies and Parliamentarians; as well as the representative of the International Labor Organization in Kuwait and representatives from three NGOs, three political blocs, one Trade Union, and four experts (See list in Annex 3). In Yemen, FIDH delegation interviewed seven different governmental bodies, eleven human rights NGOs (including two working on migrant issues), three political parties (including a representative of a group of five opposition political parties), and three trade unions (See list inAnnex 4). Comprehensive annexes related to the three countries are available in a CD-Rom attached to this report. FIDH - AIHR. FREEDOM OF ASSOCIATION IN THE ARABIAN GULF: THE CASE OF BAHRAIN, KUWAIT AND YEMEN/4 FIDH - AIHR. FREEDOM OF ASSOCIATION IN THE ARABIAN GULF: THE CASE OF BAHRAIN, KUWAIT AND YEMEN/5 INTRODUCTION associations with the aim of “securing their lives and their possessions.”5 Montesquieu considers that the modern state itself is an association.