UN:UPR BAHRAIN JUNE 2008 – Bahrain Freedom Movement

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1. The Working Group on the Universal Periodic Review (UPR), established in accordance with Human Rights Council resolution 5/1 of 18 June 2007, held its first session from 7 to 18 April 2008. The review of Bahrain was held at the 1st meeting held on 7 April 2008. The delegation of Bahrain was headed by H.E. Mr. Nizar Albaharna. For the composition of the delegation, composed of 31 members, see appendix below. At its 6th meeting held on 9 April 2008, the Working Group adopted the present report on Bahrain. 2. On 28 February 2008, the Human Rights Council selected the following group of rapporteurs (troika) to facilitate the review of Bahrain: Slovenia, the United Kingdom of Great Britain and

UNITEDNATIONSAGeneral AssemblyDistr.GENERALA/HRC/8/1922 May 2008Original: ENGLISHHUMAN RIGHTS COUNCILEighth sessionAgenda item 6UNIVERSAL PERIODIC REVIEWReport of the Working Group on the Universal Periodic ReviewBahrain ∗∗ Previously issued under the document symbol A/HRC/WG.6/1/BRA/4; minor revisionshave been added under the authority of the secretariat of the Human Rights Council, on the basis ofeditorial changes made by States through the ad referendum procedure. Annex is circulated asreceived.GE.08-13607A/HRC/8/19Page 2-CONTENTSParagraphs PageIntroduction……………………………………………………………………………………………. 1 – 4 3I. SUMMARY OF THE PROCEEDINGS OF THE REVIEW PROCESS …….. 5 – 59 3A. Presentation by the State under review………………………………………. 5 – 17 3B. Interactive dialogue and responses by the State under review……….. 18 – 59 6II. CONCLUSIONS AND/OR RECOMMENDATIONS…………………………….. 60 – 61 12III. VOLUNTARY COMMITMENTS OF THE STATE UNDER REVIEW… 62 13AnnexComposition of the delegation………………………………………………………………….. 14A/HRC/8/19Page 3Introduction1. The Working Group on the Universal Periodic Review (UPR), established in accordance withHuman Rights Council resolution 5/1 of 18 June 2007, held its first session from 7 to 18 April2008. The review of Bahrain was held at the 1st meeting held on 7 April 2008. The delegation ofBahrain was headed by H.E. Mr. Nizar Albaharna. For the composition of the delegation,composed of 31 members, see appendix below. At its 6th meeting held on 9 April 2008, theWorking Group adopted the present report on Bahrain.2. On 28 February 2008, the Human Rights Council selected the following group of rapporteurs(troika) to facilitate the review of Bahrain: Slovenia, the United Kingdom of Great Britain andNorthern Ireland and Sri Lanka.3. In accordance with paragraph 15 of the annex to resolution 5/1, the following documents wereissued for the review of Bahrain:(a) A national report submitted in accordance with paragraph 15 (a)(A/HRC/WG.6/1/BHR/1);(b) A compilation prepared by the Office of the High Commissioner for Human Rights(OHCHR), in accordance with paragraph 15 (b) (A/HRC/WG.6/1/BHR/2);(c) A summary prepared by OHCHR, in accordance with paragraph 15 (c)(A/HRC/WG.6/1/BHR/3).4. A list of questions prepared in advance by Italy, the United Kingdom of Great Britain andNorthern Ireland, Germany, Ireland, Sweden, Denmark and Finland was transmitted to Bahrainthrough the troika. These questions are available on the extranet of the Universal Periodic Review.I. SUMMARY OF THE PROCEEDINGS OF THE REVIEW PROCESSA. Presentation by the State under review5. At the 1st meeting, on 7 April 2008, the Minister of State for Foreign Affairs of Bahrain,Nizar Albaharna, presented the national report of Bahrain. Bahrain was deeply committed to humanrights and at the forefront of United Nations reform efforts that led to the creation of the HumanRights Council and the UPR. It welcomed its selection, by drawing of lots, as the first State toundergo the review, and regards this as a privilege and a responsibility. The strength and size of itsdelegation is one indicator of how seriously it takes the UPR. The national report has been preparedthrough a process that sought the full involvement of the country, and civil society has beenconsulted in the process of its preparation. Bahrain had also developed a media andcommunications strategy to raise public awareness and encourage participation in all aspects of theUPR process.6. Bahrain then addressed questions raised in advance by some of the countries. It respondedthat (a) civil society had been consulted on the preparation of the national report; (b) the reformprogramme culminating in the adoption in 2002 of the National Charter confirmed the principles ofequality, non-discrimination and the rule of law and democracy; (c) the people of Bahrain enjoyequality before the law without discrimination, as manifested in the coexistence of differentreligions and other creeds; (d) public assembly is recognized in accordance with the law, however,if the meeting is non-peaceful or is harmful for public security, it would not be permitted; (e) thatthere is cooperation between Government and NGOs, and if NGOs or human rights defenders haveA/HRC/8/19Page 4a complaint, they have access to the judiciary in accordance with the law. Bahrain added thatprotecting society against terrorism does not affect human rights defenders as their action does notcome under the definition of terrorism; (f) that freedom of the press is assured in accordance to theconstitution and relevant laws. In addition a new draft law on freedom of the press is the subject ofconsultation; (f) that the Constitution guarantees equality between men and women; (g) thatcorporal punishment is prohibited in schools and a new draft law on the child interest is beingconsidered; (h) that capital punishment, while in the book, is hardly applied as its application islimited to most serious crimes and usually is commuted to life imprisonment; (i) that migrantworkers are protected by labour law and that female domestic workers are governed by the civil lawin accordance with their contracts. A new draft law is being considered on this issue. TheGovernment has taken several measures to prevent and punish possible violence or abuse of femaledomestic workers including adopting the law against trafficking in persons; (j) that a draft law oncitizenship is being debated to avoid the negative effect which could result from not grantingnationality to the children of Bahraini mothers who are married to non-Bahrainis; (k) that the RomeStatute establishing the International Criminal Court was signed and Bahrain is in the process ofstudying the issue of ratification; (l) that a national human rights institution would be establishedsoon, in accordance with the Paris Principles. The institutions which are already operating in aspecific field are the Supreme Council of Women and the National Committee on Childhood; (m)that any proven cases of forced marriage will be dealt with in accordance with the law; (n) thatBahrain has already pledged to considering those international human rights instruments whichhave not yet been ratified; and (o) that the Constitution provides for the full independence of thejudiciary and ensures the equality of everyone before the law as well as judicial remedies.7. Bahrain asked whether good practices and experiences could be shared in the areas ofprotecting human rights in counter-terrorism activities; preventing occasional abuse of freedoms ofspeech, expression, assembly and association to promote xenophobia, hatred and incitement toviolence; and protecting and preventing violations of rights of children, women and workers.8. The State had also formulated a draft action plan on implementing Bahrain’s voluntarypledges to the Human Rights Council, its voluntary commitments contained in the national reportand the outcomes of the UPR. Following the outcome of the present review, Bahrain will hold anational consultation to discuss ways of implementing the recommendations of the UPR andinclude them in the action plan. Bahrain is committed to monitoring and evaluating itsimplementation and will report annually thereon both to the Human Rights Council and at thenational level.9. Bahrain informed the Working Group of its draft action plan to implement its pledges,voluntary commitments and UPR outcomes. Bahrain informed also that in November 2007, theCabinet approved the creation of a national human rights institution, which is expected to be formedduring 2008. Bahrain is actively studying the need for a National Human Rights Action Plan.Bahrain committed to reviewing all existing international human rights instruments with a view toratifying them as soon as possible. For this purpose, Bahrain will seek international cooperation andassistance to strengthen its capacities. Bahrain also reiterates its commitment to review existingreservations made upon ratification, with a view to ascert
aining the feasibility of withdrawing suchreservations. Thus, for example, Bahrain has already withdrawn its reservation to article 20 of CAT.The Ministry for Foreign Affairs created an Inter-Ministerial Task Force to study and makeproposals to the appropriate authorities regarding ratification and national legislative incorporationof human rights instruments. These will focus on human rights treaties such as the InternationalConvention on the Protection of the Rights of All Migrant Workers and Members of Their Families,the Conventions on Rights of Persons with Disabilities, the Convention on the Protection of Personsfrom Enforced Disappearance, the Convention against Corruption and the United NationsA/HRC/8/19Page 5Convention on Transnational Organized Crime, as well as on provisions of the Optional Protocoland declarations under treaties already ratified, such as articles 21 and 22 of the Convention againstTorture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and article 14 ofthe International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). Afurther focus will be on incorporating treaty definitions of concepts such as “torture” and “racialdiscrimination” into national legislation. Having just ratified the International Covenant on Civiland Political Rights (ICCPR), Bahrain welcomed the dialogue about ways to provide effectiveremedies in cases of violations of human rights.10. The Inter-Ministerial Task Force will further undertake monitoring of implementation oftreaty obligations, develop specific implementation activities and strengthen capacities forimplementation. Training on human rights for the police, law enforcement officials and the staff ofother government ministries and authorities relevant to the implementation of such treatyobligations will be increased, as determined and directed by the Task Force. Bahrain had alsopledged to ensure timely reporting under the treaties and to provide follow-up to concludingobservations of the treaty bodies.11. As regards cooperation with special procedures, Bahrain committed to responding in a timelymanner to requests for country visits or for requests for information by mandate-holders and isexamining the feasibility of extending a standing invitation approach to all special procedures,beginning with a case by case approach to individual special procedures. Bahrain will alsofollow up, in a timely and effective manner, on the findings and recommendations of specialprocedures of particular relevance to Bahrain. Bahrain also committed to participating in variousUnited Nations organs, as well as continuous and effective participation in Global Conferencefollow-up/periodic review processes, including the forthcoming Durban Review Conference.Starting with a regional seminar on UPR experiences during the year 2008, Bahrain will fosterregional cooperation with the Human Rights Council and will work to integrate human rightsconsiderations in regional processes such as the Forum for the Future.12. The draft law on NGOs will be fast-tracked for enactment and its implementation will bemonitored and reported on annually. Bahrain also pledged to adopt a human rights-based approachto development and hold workshops and seminars on human rights to increase public awareness.13. Regarding the rights of all workers in Bahrain, inspection of workers’ housing will beintensified, ensuring its suitability from the humanitarian, health and security aspects. Work willcommence to monitor and regulate the private sector with regard to the human rights of workers,especially in respect of their housing. The protection of the rights of domestic workers will beenhanced, especially foreigners or women.14. Bahrain’s legislature will be presented with the issue that domestic law continues to lack adefinition of racial discrimination that embodies the terms set out in article 1 of ICERD.15. Even though cases of torture do not exist in Bahrain, Bahrain constantly strives to improve theperformance of law enforcement personnel in this area, including by requesting United Nationsassistance in further developing human rights educational curricula, as well as in holding workshopson human rights.16. Bahrain is in the process of implementing the articles of its new anti-trafficking law anddeveloping its campaign against trafficking in human persons. Campaigns against trafficking inhuman persons and on empowerment of women will be monitored and reported on at six-monthlyintervals.A/HRC/8/19Page 617. The Ministry of the Interior stresses its continuous commitment to ensuring that peaceful andlawful assemblies and gatherings take place free from unlawful interference. A programme ofhuman rights education will be developed, directed both at law enforcement officers and at civilsociety organizations to explore the possibility of developing a voluntary code of conduct andbehaviour applicable to all present at lawful assemblies and gatherings to ensure full compliancewith the rule of law.B. Interactive dialogue and responses by the State under review18. During the ensuing interactive dialogue a number of delegations welcomed Bahrain for itscommitment and positive and highly constructive approach toward the UPR process, as illustrated,inter alia, by the attendance of a large delegation. Bahrain was also welcomed for the preparationof a report of high quality and civil society participation in the preparation thereof. Statementsduring the interactive dialogue were made by 36 delegations.19. On behalf of the Arab Group, Palestine noted achievements in the area of human rights andwelcomed that Bahrain had prepared in a democratic manner for the UPR review, including throughwide participation. Palestine further welcomed the establishment of a human rights administration,even before the UPR mechanism had been established, reflecting Bahrain’s commitment to the UPRmechanism. It further highlighted the number of voluntary commitments undertaken by the country.It also noted that Bahrain was ranking among the 40 countries with a progressive humandevelopment, despite its geographic position and condition, as well as its shortage of resources.Palestine suggested that the example of Bahrain could set an Arab standard, which has set anexample to all.20. India congratulated Bahrain for the cooperative, open and positive approach during thepreparation of the review. India welcomed the assertion by Bahrain of its commitment todemocratic and pluralistic principles and to respecting human rights. India inquired about the statusof a legislative proposal to establish a national human rights institution and offered further bilateralcooperation in this regard. Furthermore, India asked for details about steps already taken as well asthose planned, which could favourably impact on the condition of foreign workers.21. Congratulating Bahrain for its national report, Pakistan suggested that the involvement ofstakeholders and the setting up of a hotline should be replicated in other countries. Pakistan notedwith appreciation efforts undertaken in the area of human development, to improve labour policiesand the close cooperation with ILO and UNDP. Freedom of expression has been encouraged andthe number of newspapers and media outlets has increased. It also noted Bahrain’s efforts toenhance the situation of women in society, as well as women’s increased political participation.Pakistan invited the delegation to comment on how these series of steps regarding the advancementof women were perceived by the citizens. It also asked about plans to synthesize the good work andto replicate the good consequences in comparable circumstances elsewhere.22. Qatar welcomed the decision to establish a national human rights institution, adopted in 2007.It noted with appreciation the decision of the House of Representatives in 2005 to integrate a specialcourse in human rights and democracy into all school curricula, as well as recent free elections andwomen’s right to vote. Qatar invited the State under Review to provide information on human rightsinstitutions Bahrain was planning to establish in the governmental or
civil spheres.23. Tunisia referred to the national association of journalists, who had received an internationalaward. Noting with appreciation Bahrain’s progress in the area of audiovisual media, Tunisia askedhow the country intended to adapt to international developments in this area.A/HRC/8/19Page 724. The United Arab Emirates welcomed the constitutional reform undertaken, which hadrequired an in-depth study of the situation of human rights, and requested further information aboutefforts to give a higher profile to women.25. Saudi Arabia welcomed a number of achievements, such as political will to ensure theimplementation of international commitments, the renaissance of economic, social and culturalrights and efforts undertaken in the area of health, education and the situation of women. It alsonoted guarantees in the area of the media and journalism to ensure openness, tolerance, constructivecriticism and appropriate judicial and non-judicial guarantees. Saudi Arabia wanted to know moreabout the cooperation of the country with relevant organizations such as ILO.26. Turkey welcomed Bahrain’s cooperation with the special procedures of the Human RightsCouncil and noted that there were no requests for follow-up visits. It suggested that Bahrain shouldbe acknowledged for its draft national action plan and the relevant high-level steering committee. Italso noted Bahrain’s campaign against human trafficking, and its participation in the preparation forthe Durban Review Conference and welcomed Bahrain’s consideration of the Convention onMigrant Workers. Turkey encouraged Bahrain to maintain active cooperation with the HumanRights Council and stakeholders.27. Malaysia noted Bahrain’s continuous commitment to enhance human rights, which beganwith the reform process in 2001. Malaysia was impressed by the action taken to meet the voluntarypledges, such as ratification of ICCPR and the International Covenant on Economic, Social andCultural Rights (ICESCR), and the withdrawal of the reservation to article 20 of CAT. It furthernoted with appreciation achievements in the area of health, education and human and socialdevelopment. Malaysia wanted to hear about efforts in promoting cultural education and raisinghuman rights awareness.28. While noting progress in the area of human rights, Algeria indicated that the UPR exercisemust be an objective one, taking account of historical or cultural specificities. Algeria notedprogress with regard to rights of children and women following the adoption of respective laws andencouraged Bahrain to continue to make progress.29. In response to a number of questions, Bahrain reiterated its commitment to the protection ofhuman rights and expressed hope for an increased cooperation with the international community inthe area of human rights. With regard to the establishment of institutions, Bahrain noted that theCabinet had passed a decision on the establishment of a national human rights institution in 2007,which hopefully would be formed during 2008. Referring to the rights of workers, it noted that adraft action plan reflected some of the issues to be supported and strengthened, such as intensifyingthe inspection of the workers’ housing situation, and highlighted ongoing coordination with existingbodies in the area of workers’ rights. Bahrain also referred to the law on unemployment insurance,which applied to both Bahrainis and non-Bahrainis. With respect to the dialogue in the country,Bahrain reported that it was received favourably by the community, and stressed that the process ofthe preparation of the State report had provided an opportunity to interact with all stakeholders whohad provided comments both through a website as well as the press. Bahrain indicated that themajor problem is spreading awareness of human rights as a process. Furthermore, Bahrain informedabout the Supreme Council of Women, which had been set up to ensure the rights of women,equality between men and women, as well as women’s participation in human development.Relevant activities were being implemented in cooperation with civil society. A focus on action,decision-making and economic, social and cultural rights would ensure a better standard of livingfor women, through the active participation of women in this process. Bahrain emphasized thatIslamic Sharia ensures the dignity of women.A/HRC/8/19Page 830. Libya welcomed significant achievements, such as in the area of freedom of expression, therights of prison inmates, a training programme on human rights and democratic principles, asuccessful campaign against illiteracy, and efforts to protect all workers, including foreign workers.31. Noting the impressive economic and social indicators, Cuba invited Bahrain to provide moreinformation on the “schools for the future project”, which focuses on modern informationtechnology as well as on cooperation with civil society, including during the preparation of thenational report.32. Slovenia asked the following questions which could lead to recommendations: how hadBahrain tried to achieve a gender perspective in consultations for the preparation of the nationalreport; and what was being planned for the next stage, including the outcome of the review.Slovenia recommended that reservations to the Convention on the Elimination of All Forms ofDiscrimination against Women (CEDAW) be removed, that the Optional Protocol be ratified andthat national legislation be harmonized with the Convention. Bahrain was invited to inform aboutplans in this regard.33. China welcomed Bahrain’s efforts in the area of judicial reform and the setting up ofinstitutions to provide institutional guarantees. China asked how Bahrain will implement measuresto create jobs and what difficulties they foresee.34. Sri Lanka noted with optimism Bahrain’s efforts to balance a number of challenges, such aspolitical stability, social development, protection from terrorist threats with the protection andadvancement of human rights. Furthermore, Sri Lanka noted with appreciation a reference to aUNESCO report indicating Bahrain’s high rate of primary school enrolment, as well as an equallyencouraging UNDP report documenting a decree that human rights education be taught in schools.35. Switzerland welcomed the importance Bahrain’s report placed on the recommendations oftreaty bodies and special procedures, as well as the fact that each chapter was introduced byvoluntary commitments. It recommended that a non-discriminatory family code which, according toUNDP had been drafted in 2005, be adopted and enter into force without delay. It was furtherrecommended that an extensive information campaign be undertaken once the code was adopted. Inthe context of women migrant workers, Bahrain was invited to provide details on measures taken toguarantee the rights of foreign female domestic workers; and in particular about any measures toremedy the fact that this group was explicitly excluded from the labour laws for the private sector.36. Bangladesh was encouraged by Bahrain’s willingness to review its legal frameworkapplicable to migrant workers; and welcomed plans in regard to the establishment of a nationalinstitution.37. Bahrain noted several special measures for the protection of female migrant workers,including the establishment of a home to shelter victims of violence, which provides severalservices, and the setting up of a hotline for any kind of violence against domestic workers. Bahrainalso discussed a law on the protection of victims of violence within homes, as well as of a specialhome for the protection of those who might be exposed to violence, including domestic workers,will soon be inaugurated. Bahrain indicated that it has been working on implementing CEDAWsince ratification in 2002, to provide women full equality with respect to rights and obligationsbearing in mind the Sharia. Family laws are based on Sharia; such laws are regulated in most Araband Islamic countries in the same manner. Civil society is also working and participating in theprocess of encouraging the enactment of family law affairs in Bahrain, as well as awareness inuniversities and schoo
ls. With respect to trafficking, Bahrain has taken a responsible and realisticA/HRC/8/19Page 9view of the problem, recognizing that it’s a global problem. It listed certain measures taken tocombat trafficking, such as participation in a conference on trafficking, accession to the Conventionon Transnational Organized Crime, the establishment of a 2002 inter-ministerial task force toaddress trafficking, which has been a source of many initiatives, the close cooperation with civilsociety in holding training and capacity-building programmes, the opening of a shelter to protectwomen who might be exposed to violence, provide health care, assistance and legal counselling.There is also a unit within the Ministry of Interior in charge of investigating cases of forcedtrafficking. Bahrain indicated that it is an observer at the International Organization for Migration(IOM) and has worked closely in holding training and capacity-building programmes. Bahrain alsonoted the passing, last month, of a law banning human trafficking, including prosecution andproviding resources, which contains a comprehensive definition of trafficking. Bahrain indicatedthat this law was hailed by IOM as a model for the region.38. France raised the following issues which it indicated should lead to recommendations: (a)which measures were taken to strengthen the independence of the judiciary; (b) it requested moreinformation on reforms with respect to forced marriage, particularly on providing assistance tovictims of forced marriage; and (c) if Bahrain intended to sign the Convention on EnforcedDisappearances.39. The Russian Federation drew attention to Bahrain’s request in its national report that theOffice of the High Commissioner for Human Rights (OHCHR) undertake a programme for stafftraining of penitentiary bodies and asked the delegation of Bahrain for more information on thisproject. The Russian Federation also noted the draft law on the provision of citizenship to childrenwhere the father is not a Bahraini citizen, and indicated that it should be a priority when examinedand should come into force as soon as possible.40. The Netherlands was impressed by serious commitments taken by Bahrain regarding humanrights defenders and the position of migrant workers, including women domestic workers. It invitedand recommended Bahrain to keep the Human Rights Council informed of new legislation on thislatter issue. The Netherlands firmly supported Bahrain’s intention to move to a standing invitationto all special procedures, and asked whether the Minister could indicate which Special Procedureswould be the first to enjoy such an invitation. In this regard, the Netherlands recommended thatBahrain extend such an invitation to all special procedures as soon as possible.41. Egypt noted difficulties faced by countries to ensure that legislation complies with theConvention on the Rights of the Child (CRC) and requested information on this issue.42. The representative of Sweden asked the following specific questions, indicating that theycould be adopted as recommendations as well: (a) what measures are taken to ensure that the draftpress law, which prohibits certain expressions of opinion and allows prison sentences to beextended in certain cases, is not unduly restrictive on freedom of expression; and (b) what measuresare taken to ensure equality before the courts, including with respect to family law?43. Sudan referred to Bahrain’s human rights achievements, including medical care which hasincreased life expectancy; provision of clean water to all; the guarantee of first aid services; theissuing of Law No.1/2008 on the prohibition of trafficking; and providing decent housing to all.Sudan asked about efforts undertaken to implement CRC and its protocols to achieve humandevelopment.A/HRC/8/19Page 1044. Canada was struck by the innovative idea of using the Internet in the preparation of the report.It asked for more information on what Bahrain is doing to promote freedom of expression andassociation.45. Mauritania indicated that Bahrain is moving toward increased compliance in areas such ashealth, education, women’s rights and freedom of expression, and that Bahrain occupies asignificant place in the human development index of the UNDP report, showing efforts to promoteand protect human rights. In regard to the situation of women, Mauritania inquired aboutachievements in this area since 2001.46. In its responses, Bahrain referred to significant progress with regard to freedom of expression,referring to eight newspapers and 66 publications reflecting the concerns of the population. Anassociation of journalists was set up in 2003 to deal with the needs of journalists. Bahrain referredto modernizing legislation, particularly to ensure greater transparency, all with a view to ensuringconstitutional rights. It also referred to considerable variety of the media, without interference of theState. TV and radio have undergone significant developments in regard to internationalprogrammes. Bahrain also submitted to the legislative authority amendments to its legislation in thearea of freedom of expression. Bahrain indicated that article 104 of the Constitution provides for theindependence of judges in their decisions and verdicts and in the exercise of their functions, alsohighlighting the fact that judges can only be removed, in accordance with the law and on the basisof judicial verdict, by Royal Decree.47. Morocco indicated the great strides in the areas of democracy, state of the law andguaranteeing all human rights and fundamental freedoms, while respecting Islamic law, as stated inthe Vienna Declaration. The policy of attaching as much importance to economic, social andcultural rights, as to civil and political rights, is manifested in the importance Bahrain attaches to theright to health, crystallized by a tenfold increase in its budget, as well as the promotion of the rightto work as a fundamental right. Morocco asked Bahrain to provide statistics on coordination of themanagement of complaints between the Ministry of Interior and the royal diwan.48. The United Kingdom of Great Britain and Northern Ireland indicated that Bahrain hastravelled a long way on the road to democracy since 1999 and welcomed the participation of theShia political party, Al Wefaq, in the 2006 elections. This move towards democracy has beenaccompanied by an improvement in the human rights situation, particularly as regards civil andpolitical rights. It also noted that there were no political prisoners in Bahrain. It hoped to continueregular bilaterals on press freedom, the elimination of discrimination, and all obligations under theICCPR. It (a)requested details on steps taken to ensure that counter-terrorism legislation complieswith the ICCPR; (b) asked whether Bahrain was willing to set a deadline to introduce its press law;(c) requested further information on equalizing parliamentary constituencies; and (d) recommendedthat Bahrain consider inviting the United Nations to a workshop on follow-up to the UPR.49. The representative of Kuwait noted that Bahrain’s report indicates the indivisibility of humanrights, pursuant to the Vienna Declaration, and that Bahrain was granted the highest award of theUnited NationsHABITAT programme. It requested information on effective steps taken to widenand enhance freedom of expression and opinion in Bahrain.50. In its responses, Bahrain indicated that the Ministry of Education has developed a new schoolsubject dealing with citizenship, human rights and democracy, which is taught from primary schoolthrough to secondary school, and explains the content of relevant international human rightsinstruments, in particular the rights of children and women. There were also human rights subjectsin all curricula. Bahrain also referred to a programme ensuring computer and Internet access, aimedA/HRC/8/19Page 11at ensuring that coming generations can enjoy new technologies. Bahrain indicated that it ensuresthe settlement of any conflict related to the migrant workers through arbitration and/or the courtsirrespective of gender or nationality. Bahrain added that there is a hotline to
deal with violenceagainst women domestic workers, and ongoing inspection of employment agencies and houses.Contracts are for a limited time, and the salaries of workers are clearly set out. Legislation alsoindicates that migrant workers can become union members without any conditions, and Bahrainreferred to the law regarding unemployment benefits which are available if migrant workers losetheir jobs. Bahrain also indicated that in the area of equality between men and women, it is alwaysseeking to ensure and enhance the principle of equality without discrimination, and to enact laws topromote equality, for instance for retired women, or for those who decide to stay home. Bahrainreferred to laws enacted to ensure maternity leave, to ensure integration of women, and to supportthose who choose to stay at home to be involved in convenient economic activity if they so choose.A law was also enacted with the aim of enshrining the equality between men and women in theState budget law.51. Azerbaijan noted Bahrain’s accession to relevant international instruments and the adoption ofmany important national laws such as the exercise of political rights, freedom of expression,political societies and social security. Azerbaijan also noted current Bahraini policy regardingassistance to unemployed people as well as the impressive record of educational and healthservices. Health services cover 100 per cent of Bahrain and the State provides free health care. Italso noted that steps initiated by the Government, particularly the establishment of the SupremeCouncil for Women, create favourable conditions for women to participate actively in public life ofthe country. According to the national report, it can be concluded that Bahrain includes humanrights dimensions into all its relevant policies. According to Azerbaijan, Bahrain sets a goodprecedent for UPR and looks forward to benefiting from some of the useful practices in this regard.52. Indonesia noted Bahrain’s institutional framework for the rule of law which guaranteeshuman rights, constitutionally protected human rights norms, distinct roles of the executive and theindependent judiciary, and ongoing efforts to advance womens’ rights. Indonesia was alsoencouraged by national provisions for the protection of people with disabilities and expressed anunambiguous commitment to combating trafficking in persons. Indonesia sought clarification onwhat Bahrain currently considers as the greatest challenge in its long term strategies to take thepromotion of human rights to the next level. In this regard, does Bahrain consider the role ofnational human rights institutions inseparable from its future endeavours to apply human rightsnorms?53. Djibouti took note of efforts to expand the political space, including the new draft law offreedom of the press, and to future empower women. It also welcomed the establishment of acommittee to deal with human rights issues and was encouraged with sound economic decisionsthat have improved health, education and housing. It asked Bahrain to elaborate on specificmeasures to address problems of unemployment.54. Oman drew attention to the fact that Bahrain has taken concrete steps to ensure cooperationwith human rights bodies. It noted that Bahrain’s national UPR report proves that the Governmenthas been constantly working to draft a wide-ranging human rights programme.55. Jordan indicated that Bahrain has set a high standard and a model to be followed in the UPRprocess. Bahrain has taken giant steps in promotion and protection of human rights. Human rightscan only be improved in a healthy environment, which is why Bahrain attaches importancelegislatively (i.e. against discrimination) and institutionally to protect human rights. Freedom ofbelief and expression are sacred rights and Bahrain is known for support of pluralism and freedomA/HRC/8/19Page 12of belief. Jordan requested more information on the way in which it has proceeded to guaranteemonotheism and freedom of expression. While welcoming Bahrain’s achievements, it called onBahrain to follow the example of other countries, for instance in the area of impunity.56. The United States of America appreciated the delegation’s highly constructive approach,including concerning the role of civil society in the preparation of the reports. Bahrain’s opennessand constructiveness towards the UPR process is vital and deeply appreciated. The United Stateshoped to hear more in the future on the integration of the Shia in society, the impact of the 2002constitutional reforms on human rights, and the situation of expatriate workers. The United Stateswelcomed Bahrain’s addressing these issues today and previously, and Bahrain’s continued effortstowards improving its human rights performance.57. Lebanon was most struck by Bahrain’s education indicators, as illustrated in the nationalreport and in the UNDP report. Education is compulsory and free to all in Bahrain. It requestedinformation on what sorts of solutions have been found to guarantee this educational renaissancewhich has made this country an example to follow.58. Yemen asserted the statement made by the representative of Palestine, welcomed Bahrain’sefforts to promote and protect human rights and requested information about efforts invested byBahrain to improve education in the country.59. In response, Bahrain indicated that reforms initiated by the King and reflected in the adoptionof the National Charter and the constitutional amendments have enabled women to participateactively in political life, including the right of women to stand for election and to vote. A broadrange of laws were enacted to combat corruption; efforts were taken to regulate work in the home.All political societies agreed to the establishment of the Supreme Council for human rights.Regarding commitments under international human rights instruments, in addition to those alreadymentioned, Bahrain began to consider, as to the human rights instruments, with the view toacceding to such relevant instruments. Bahrain has also begun studying the Convention on theRights of Persons with Disabilities, as with the Convention on the Protection of Persons fromEnforced Disappearance with the competent authority with the view to adopting relevantprocedures. Bahrain highlighted that the judiciary is independent and that there is a separation ofpowers. The Islamic Sharia prohibits forced marriage. Bearing in mind the Constitution andrelevant rules, there are two levels of legal reforms: (i) amended procedure of Sharia courts alongwith the establishment of Solidarity Fund for Women; (ii) the training of judges, lawyers and otherjurists by the Ministry of Justice and Islamic Affairs through the Institute of the Judicial Training incooperation with other bodies such as the Association of American Bar. Bahrain also indicated thathealth is guaranteed to all residents without discrimination. On the issue of unemployment, Bahraininsisted that it must invest in its people, and that all reforms are based on truly human development.Although the number of unemployed people in Bahrain is small (7,000 people), Bahrain does notwant this number to grow. The Government has established the labour market reform authority anda labour fund, with financial resources invested in training to cut unemployment and to improveliving conditions of people, to ensure greater salaries and compensation, for Bahrainis andnon-Bahrainis working in the country. In preparation for this dialogue and in the four years to come,the two guiding concepts were commitments and results. The concepts that will guide Bahrain infour years are achievements and sustainability.II. CONCLUSIONS AND/OR RECOMMENDATIONS60. The State under review considered the recommendations made during the interactivedialogue which are contained in section II B above, and agreed on the following:A/HRC/8/19Page 131. A gender perspective be included in the planning of the next stages, including theoutcome of the review (Slovenia).2. Initiating a public campaign with the view to removing reservations to CEDAW,ratifying the Optional Protocol and harmonizing national legislation wi
th theConvention. Bahrain was invited to inform about plans in this regard (Slovenia).3. With regard to the recommendation of Switzerland reflected in paragraph 35above, Bahrain can conduct wide consultations between different partners, inparticular the legislative authority, with the view of adopting a family law.4. Bahrain could consider signing the Convention on the Protection of Persons fromEnforced Disappearance (France).5. The draft law on the provision of citizenship to children where the father is not aBahraini citizen would be considered a priority (Russian Federation).6. With regard to the recommendation of the Netherlands reflected in paragraph 40,Bahrain would inform the Human Rights Council in the next review of Bahrainthat will be held after four years on the status of adoption of new legislation onfemale domestic workers.7. The draft press law ought not to be unduly restrictive on freedom of expression(Sweden).8. Bahrain could consider inviting the United Nations to a workshop on follow-up tothe UPR (United Kingdom of Great Britain and Northern Ireland).9. The positive dynamism of the information sector of Bahrain be recorded (Tunisia).61. With regard to the other recommendations, the State under review offers the followingcomments:1. While independence of the judiciary is preserved by the Constitution and laws,efficiency and performance are the main areas that the judiciary and theGovernment are working to enhance.2. Forced marriage is a crime in the laws of Bahrain and is covered by the CriminalCode and the anti-trafficking law. Victims are entitled to remedies and protectionin accordance with the laws of Bahrain.3. Bahrain would consider inviting special procedures in the future.III. VOLUNTARY COMMITMENTS OF THE STATE UNDER REVIEW62. Reference is made to the commitments made by the State under review in its national reportto the UPR.A/HRC/8/19Page 14AnnexComposition of the delegationThe delegation of Bahrain was headed by H.E. Dr. Nizar Albaharna, Minister of State forForeign Affairs, and composed of 30 other members:H.E. Sh. Abdelaziz Al-Khalifa, Assistant Undersecretary for Coordination and Follow-up,Ministry of Foreign Affairs;H.E. Mr. Abdullah Abdullatif Abdullah, Ambassador, Permanent Representative,Permanent Mission of Bahrain in Geneva;Dr. Shaikha Maryam Al-Khalifa, Deputy Chairwoman, Supreme Council for Women;H.E. Dr. Abdulaziz Hamza, Undersecretary, Ministry of Health;Mrs. Sameera Rajab, Member of Shura Council (Consultative);Mrs. Latifa Algaoud, Member of Nuwab Council (Representative);Mrs. Masooma Mohamed, Deputy President, Legal Affairs Service;Colonel Mohamed Buhamooda, Assistant Undersecretary of Legal Affairs, Ministry OfInterior;Sh. Muneera Al-Khalifa, Director of Referendum and Elections Department, Legal AffairsService;Dr. Yusuf Abdulkarim, Director of Legal Affairs, Ministry of Foreign Affairs;Mr. Osama Alofi, Director of Public Prosecutions, Ministry of Justice And Islamic Affairs;Mr. Ali Alaradi, Counsellor of the Minister On Legal And International Affairs, Ministry ofInformation;Mr. Ali Jasim Alardi, Director of Information Systems, Ministry of Foreign Affairs;Mr. Abdullah Aljowder, Head of Legal Affairs, Ministry of Social Development;Mrs. Suha Ali, Director of the Secretary-General Office, Supreme Council of Women;Mrs. Nadia Alqahiri, Acting Director of Legal Affairs, Ministry of Labour;Dr. Ibrahim Ali Badawi Elsheikh, Legal Counsellor, Ministry of Foreign Affairs;Mr. Khalid Alkhaja, Senior Specialist, Ministry of Education;Captain Rashed Bunajma, Adviser, Legal Directorate, Ministry of Interior;Mr. Khalifa Alkaabi, Minister Plenipotentiary, Ministry of Foreign Affairs;A/HRC/8/19Page 15Mr. Yasser G. Shaheen, Deputy Permanent Representative, Permanent Mission of Bahrain inGeneva;Ms. Muna Radhi, Second Secretary, Permanent Mission of Bahrain in Geneva;Mrs. Arwa Ebrahim, Second Secretary, Ministry of Foreign Affairs;Mr. Mohamed Al-Haidan, Second Secretary, Ministry of Foreign Affairs;Mr. Bader Al-Helaibi, Second Secretary, Ministry of Foreign Affairs;Mr. Khaled Almansour, Second Secretary, Ministry of Foreign Affairs;Mr. Hamad Sayyar, Third Secretary, Ministry of Foreign Affairs;Ms. Latifa Al Khalifa, Third Secretary, Ministry of Foreign Affairs;Mr. Ammar M. Rajab, Third Secretary, Permanent Mission of Bahrain in Geneva.

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© Copyright 2008, UPR-Info.org 1

UPR Working Group Checklist

BAHRAIN

Reviewed on 7 April 2008

Main issues raised by NGOs in their submissions but not raised during the Working Group1

– Torture

– Human rights defenders

– Religious discrimination

– Political rights: right to vote, participation in political life, fair elections

– Sexual discrimination

– Detention and prison conditions

Main issues/questions raised by States during the Working Group on which Bahrain did not provide a specific answer2

International human rights instruments

– Saudi Arabia wanted to know more about the cooperation of the country with relevantorganizations such as ILO.

– Egypt noted difficulties faced by countries to ensure that legislation complies with theConvention on the Rights of the Child (CRC) and requested information on this issue.

– Sudan asked about efforts undertaken to implement CRC and its protocols to achievehuman development

Women’s rights

– Slovenia asked the following questions which could lead to recommendations hadBahrain tried to achieve a gender perspective in consultations for the preparation ofthenational report; and what was being planned for the next stage, including the outcomeof the review.

Cooperation with Special Procedures

– The Netherlands asked whether the Minister could indicate which Special Procedureswould be the first to enjoy such an invitation.

Freedom of opinion and expression

– Sweden asked what measures are taken to ensure that the draft press law, whichprohibits certain expressions of opinion and allows prison sentences to be extended incertain cases, is not unduly restrictive on freedom of expression.

– The United Kingdom asked whether Bahrain was willing to set a deadline to introduce its press law.

– Jordan requested more information on the way in which it has proceeded to guarantee monotheism and freedom of expression.

General

– Morocco asked Bahrain to provide statistics on coordination of the management of complaints between the Ministry of Interior and the royal diwan.

– The United Kingdom requested further information on equalizing parliamentary

constituencies.

Human rights while countering terrorism

– The United Kingdom requested details on steps taken to ensure that counter-terrorism legislation complies with the ICCPR

Religious Discrimination

– The United States hoped to hear more in the future on the integration of the Shia in society, Expatriate workers

– The United States hoped to hear more in the future the situation of expatriate workers.

Recommendations made to Bahrain during the Working Group

Recommendations that enjoyed the support of Bahrain:

1. A gender perspective be included in the planning of the next stages, including theoutcome of the review (Slovenia).

2. Initiating a public campaign with the view to removing reservations to CEDAW,

ratifying the Optional Protocol and harmonizing national legislation with the

Convention. Bahrain was invited to inform about plans in this regard (Slovenia).

3. With regard to the recommendation of Switzerland reflected in paragraph 35 above,Bahrain can conduct wide consultations between different partners, in particular thelegislative authority, with the view of adopting a family law.

4. Bahrain could consider signing the Convention on the Protection of Persons fromEnforced Disappearances (France).

5. The draft law on the provision of citizenship to children where the father is not aBahraini citizen would be considered a priority (Russian Federation).

6. With regard to the recommendation of Netherlands reflected in paragraph 40,

Bahrain would inform the Human Rights Council in the next review of Bahrain that

will be held after 4 years on the status of adoption of new legislation on female

domestic workers.

7. The draft press law ought not to be unduly restrictive on freedom of expression

(Sweden).

8. Bahrain could consider inviting the United Nations to a workshop on follow-up to the UPR (United Kingdom of Great Britain and Northern Ireland).

9. The positive dynamism of the information sector of Bahrain be recorded. (Tunisia)

Recommendations which did not enjoyed the support of Bahrain and which were not singled out

– Switzerland further recommended that an extensive information campaign be undertakenonce the code was adopted. (on the family code)

– France recommended taking measures to strengthen the independence of the judiciary

– France recommended more information on reforms with respect to forced marriage,particularly on providing assistance to victims of forced marriage.

– Sweden recommended taking measures to ensure equality before the courts, includingwith respect to family law.

1 The analysis is based on issues contained in the official documents (the additional information is nottaken into account) NGOs submitted to the OHCHR and posted on the OHCHR website compared to

ones contained in the Report of the Working Group document A/HRC/WG.6/1/BHR/4. Please note

that, although great care was taken to cover everything, the list may not be exhaustive.

2 The analysis is based on the Report of the Working Group document A/HRC/WG.6/1/BHR/4. Some

issues might have been raised by Bahrain in its national report or during its presentation, but Bahrain

did not answer/comment specific questions on the issues listed during the interactive dialogue. Please

note that, although great care was taken to cover everything, the list may not be exhaustive.

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