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    Arab Political Systems: Baseline Information and Reforms Bahrainwww.carnegieendowment.org/arabpoliticalsystemswww.fride.org/eng/Publications/Publication.aspx?Item=77

    BAHRAIN

    UPDATES AND FORTHCOMING EVENTS ......................................................................................3

    UPDATES AND FORTHCOMING EVENTS ......................................................................................3

    STATE INSTITUTIONS/SEPARATION OF POWERS......................................................................4

    STATE INSTITUTIONS/SEPARATION OF POWERS......................................................................4

    !"!#$%I&!B'()#*................................................................................................................................+,!-I,(%I&!B'()#*.............................................................................................................................

    0$1I#I('2...............................................................................................................................................3,4#(,-4&!')5!)%.............................................................................................................................

    RIGHTS ...................................................................................................................................................10

    RIGHTS ...................................................................................................................................................10

    P!'4)(,,IB!'%I!.............................................................................................................................6,!-I,(%I4)'!-$,(%I)-%*!!"!'#I!48'I-*%.........................................................................66'!#!)%-4&!')5!)%I)I%I(%I&!(88!#%I)-'I-*%.....................................................................6

    POLITICAL FORCES............................................................................................................................16

    POLITICAL FORCES............................................................................................................................16

    P4,I%I#(,P('%I!...............................................................................................................................63#I&I,4#I!%2.......................................................................................................................................67

    ELECTION RESULTS...........................................................................................................................19

    ELECTION RESULTS...........................................................................................................................19

    Carnegie Endowment for International Peace91779 Massachusetts Ave. NWWashington .C. !""#$%!1"#www.carnegieendowment.org

    &undaci'n (ara las )elaciones Internacionales * eli+logo E,terior-C &eli(e I/- 9 % 10 dcha. !"12 Madrid.www.fride.org

    At A Glance

    Population9 0uly :3 est. 3;9 citiens@

    -1P Per #apita

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    Arab Political Systems: Baseline Information and Reforms Bahrain

    CONSTITUTIONAL REVISION..........................................................................................................20

    CONSTITUTIONAL REVISION..........................................................................................................20

    CORRUPTION........................................................................................................................................21

    CORRUPTION........................................................................................................................................21

    RATIFICATION OF INTERNATIONAL CONVENTIONS.............................................................22

    RATIFICATION OF INTERNATIONAL CONVENTIONS.............................................................22

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    Arab Political Systems: Baseline Information and Reforms Bahrain

    Updates and Forthcoming Events

    4n 8ebruary :9 :9 fifty>fie local9 regional9 and international human rights

    organiations issued a callto Bahraini Ding *amad to release demonstratorsand human rights actiists and to refrain from torturing detainees. *uman'ights Eatch issued a statementon 8ebruary 63 calling on the Bahrainigoernment to inestigate allegations of torture and abuse of politicaldetainees.

    ( Bahraini court charged political actiist *ussain 5ansoor on 0anuary :9

    : the assault and attempted murder of a security officer during a protest.%he trial was postponed to 8ebruary 67. ( 8ebruary trial for fifteen other

    protestors was also postponed to 8ebruary :+ after lawyers boycotted thehearing9 in protest of its late>afternoon timing. Bahrain is currently detaining at

    least fifty actiists9 arrested between 1ecember :6 and : following 1ecember67 demonstrations in which one protestor was Cilled. In a 0anuary :6statement9*uman 'ights Eatch expressed serious concerns oer allegations of tortureand mistreatment of detainees.

    %he Bahrain #enter for *uman 'ights reealed on 0anuary :9 : that the

    5inistry of Islamic (ffairs refused to approe the distribution of the noelOmar, A Martyrby Bahraini noelist (bdullah Dhalifa9 alleging that it defamesa religious figure. #licC herefor more information.

    Bahrain issued a law to combat human trafficCing on 0anuary ;9 :. %he law

    stipulates a prison penalty and fines ranging from :9 to 69 Bahrainidinars

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    Arab Political Systems: Baseline Information and Reforms Bahrain

    State Institutions/Separation of o!ers

    %he Dingdom of Bahrain defines itself as a hereditary constitutional monarchy9 but

    the powers of the Cing are too extensie for Bahrain to be considered aconstitutional monarchy by the Eestern definition of a monarchy where the Cingrules but does not goern.

    Bahrain officially gained independence from -reat Britain on (ugust 69 6;76

    after 66 years as a protectorate.

    #onstitution promulgated in 8ebruary ::

    E"ecutive #ranch

    %heki!is the head of state. *eF

    > (ppoints and dismisses the Prime 5inister and the cabinet.> *as wide>ranging executie and legislatie powers.> (ppoints the president and members of the #onsultatie #ouncil.> Is the commander in chief of the armed forces.> Is chairman of the *igher 0udicial #ouncil and appoints Gudges.> *as the right to call for a referendum on any issue he deems important.> #an rule by decree and dissole parliament.> *as the right to eto laws passed by the )ational (ssembly.> *as the power to amend the constitution and propose9 ratify9 and

    promulgate laws.

    S"#ik" H$%$& 'i I($ A) *"$)i+$ succeeded his )$,# +$,"#-as !mir

    in 5arch 6;;; and became Cing in 8ebruary ::.

    %he (l Dhalifa family9 BahrainHs rulers since 67:9 belongs to itsminority unni 5uslim Is appointed by the Cing.

    > Is the head of goernment.> Proposes Is appointed by the Cing.> Is headed by the prime minister.

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    http://www.bahrain.gov.bh/images/constitutione.pdfhttp://www.bahrain.gov.bh/pdfs/constitution.pdfhttp://www.bahrain.gov.bh/english/RunIndex.asp?count=5http://www.bahrain.gov.bh/english/RunIndex.asp?count=4http://www.bahrain.gov.bh/english/RunIndex.asp?count=4http://www.bahrain.gov.bh/english/RunIndex.asp?count=6http://www.bahrain.gov.bh/english/RunIndex.asp?count=14&SID=1&Name=Ministrieshttp://www.bahrain.gov.bh/english/RunIndex.asp?count=14&SID=1&Name=Ministrieshttp://www.carnegieendowment.org/http://www.fride.org/http://www.bahrain.gov.bh/images/constitutione.pdfhttp://www.bahrain.gov.bh/pdfs/constitution.pdfhttp://www.bahrain.gov.bh/english/RunIndex.asp?count=5http://www.bahrain.gov.bh/english/RunIndex.asp?count=4http://www.bahrain.gov.bh/english/RunIndex.asp?count=6http://www.bahrain.gov.bh/english/RunIndex.asp?count=14&SID=1&Name=Ministrieshttp://www.carnegieendowment.org/http://www.fride.org/
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    > Is largely composed of members of the (l Dhalifa family9 who hold ten of the:6 cabinet positions9 including Cey ministries such as oil9 defense9 interior andforeign affairs.

    > Includes two female ministers> (pproximately one>third of the cabinet members are hiHi 5uslims

    ( new cabinet was sworn in by the Cing on 1ecember 669 :3. #licC

    "#-#for a list of members.

    $egislative #ranch

    ( unicameral )ational (ssembly was established in 0une 6;7: and was dissoledin (ugust 6;7. 8rom 6;7 to :: there was no )ational (ssembly andlegislatie powers were assumed by the cabinet.

    (ccording to the 8ebruary :: constitution9 legislatie authority is ested in the

    Cing and the )ational (ssembly. %he )ational (ssembly is now bicameral andconsists of an appointed #onsultatie #ouncil and an elected #hamber of 1eputies.

    %he )ational (ssemblyF

    > *olds annual sessions and can be called to an extraordinary session by royaldecree if the Ding deems it necessary.

    > )eeds a Juorum of more than half of its members to hold a alid meeting.> Passes resolutions by an absolute maGority of the members present.> ets up a special committee to deal with complaints submitted by citiens. %his

    committee seeCs explanation from the authorities and then informs the personconcerned of the result.

    #onsultatie #ouncil Eas originally established in 1ecember 6;;: as an adisory body with theright to propose legislation.

    > Eas endowed with law>maCing powers9 such as proposing and amending laws9as the upper house of the legislature by the :: constitution.

    > *as forty members appointed for four>year renewable terms. %he Cing appointsthe president and the members of the #ouncil9 the president then chooses two

    ice>presidents.> Ehen the two houses are conened together9 the president of the #ouncil

    seres as chairmen of the session.> In the eent of a deadlocC9 the president of the #ouncil casts the tie>breaCing

    ote.> %he Cing appointed a new council on 1ecember 9 :3. 4bserers beliee the

    Cing appointed mainly liberal candidates to offset the ictory of Islamists inelections to the lower house. %he new members include 6 women. #licC "#-#for a full list of members.

    #hamber of 1eputies

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    > *as forty members elected by uniersal adult suffrage for four>year terms inforty electoral districts.

    > *as role in considering legislation9 such as proposing and amending laws9 butlegislatie authority still resides with the Cing.

    > #an not draft or initiate legislation.

    > #an be dissoled by the Cing9 who can also recall a dissoled #hamber. If the#hamber is dissoled9 elections are to be held within four months of thedissolution.

    > %he #onsultatie #ouncil has effectie eto power oer decisions made in the#hamber of 1eputies.

    !ach house may propose9 amend or reGect legislation9 but the #abinetKs 4ffice of

    ,egal (ffairs must draft the text of laws. %he Cing or the prime minister presentsbills to the #hamber of 1eputies9 which in turn refers them to the #onsultatie#ouncil.

    ( law is considered ratified if six months hae passed from the date of itssubmission by the )ational (ssembly to the Cing without the Cing returning it forreconsideration.%he Cing may eto laws passed by the )ational (ssembly9 whichin turn may oerride a eto by a two>thirds maGority ote. If the legislatureoerrides a eto9 the Cing must promulgate the law within one month.

    $ltimate decision>maCing power remains in the palace. %he legislature has so far

    not passed any law proposed by a member of the )ational (ssembly9 all enactedlaws being goernment>proposed initiaties.

    %he goernment draws up an annual budget and submits it to the )ational

    (ssembly for discussion and approal. %he )ational (ssembly does not monitorstate financial affairs as9 by irtue of 1ecree )o. 63 in 0uly ::9 the 8inancial#ontrol Bureau reports directly to the Cing. It does not reiew income orexpenditures of the palace9 royal family9 5inistry of 1efense or Interior.

    %udiciar&

    BahrainHs legal system is based on a mix of British #ommon ,aw9 Islamic law9

    tribal law9 and other ciil codes9 regulations9 and traditions.

    %he constitution proides for a nominally independent Gudiciary that has the right

    of Gudicial reiewL howeer9 courts are subGect to goernment pressure regardingerdicts9 sentencing9 and appeals.

    5embers of the ruling family are well represented in the Gudiciary. In the past9 the

    Cing and other senior goernment officials hae lost ciil cases brought againstthem by priate citiensL howeer9 the Gudgments were not always implementedexpeditiously9 if at all.

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    %he constitution specifies that the Cing appoints all Gudges by royal decree. %he

    constitution does not proide a legislatie branch confirmation process for Gudicialappointees nor does it establish an impeachment process.

    C-,(

    Cii) $& C-i%i$) C-,(

    > %he #iil ,aw #ourts settle all ciil and commercial cases9 includingcases regarding the personal status of non>5uslims. %hese courts are structuredin a three leel hierarchyF> (t the first leel are the #ourts of 5inor #auses (t the second leel is the *igh #iil #ourt of (ppeal that has

    Gurisdiction oer larger ciil and commercial disputes and personal status casesinoling non>5uslims. It is presided oer by three Gudges.> %he final court of appeal for all ciil matters is the upreme #ourt of(ppeal %he criminal law courts settle all criminal cases. %hese courts are alsostructured in a three leel hierarchyF

    > %he ,ower #riminal #ourt has one Gudge and rules on misdemeanorcrimes.> %he *igh #riminal #ourt has three Gudges and rules on felonies.(ppeals are made at the #riminal *igh #ourt of (ppeal9 which also has three

    Gudges.> %he upreme #ourt of (ppeal

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    S#i$) C-,(

    > %he tate ecurity #ourt established in 6;; was abolished in 8ebruary:6 following decrees issued by the Cing. %he defense forces maintain aseparate court system for military personnel accused of offenses under the

    5ilitary #ode of 0ustice. %he 5inistry of Interior has a similar court system fortrying police officials.

    > %he *igher 0udicial #ouncil9 established in eptember :9 is chairedby the Cing. It is responsible for superising the courts and the PublicProsecution 4ffice. Its members are appointed by the Cing and include Gudgesfrom the upreme #ourt of (ppeal9 the haria ,aw #ourts9 and the #iil *igh#ourts of (ppeal.

    > %he #onstitutional #ourt9 created in ::9 has Gurisdiction oer theconstitutionality of laws. It consists of a president and six members who are all

    appointed by the *igher 0udicial #ouncil. %hese seen Gudges sere nine>yearterms and cannot be remoed before their terms expire. (ny member of thegoernment9 including the Cing9 can challenge the constitutionality of laws inthis court9 where the decisions are final and Mbinding on all state authorities.N

    In :+9 the goernment tooC initial steps to improe the Gudicial process with the

    transparent recruitment of new Gudges9 training of Gudges and prosecutors9establishment of an office of mediation9 and steps to speed up court procedure.

    $ocal Government

    %he local goernment consists ofF

    > goernoratesF C$i,$) G#--$,#9M"$--$ G#--$,#9 N-,"#-G#--$,#9C#,-$) G#--$,#9 S,"#- G#--$,#

    > 6: municipalities

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    %here is no substantial relationship between the municipalities and the

    goernorates. Both the twele municipalities and the fie goernorates areadministered from the capital and are subserient to the national goernment.

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    Rights

    ersonal li#erties

    %he :: constitution states that citiens are eJual before the law in public rightsand duties. It also states that there should be no discrimination among citiens onthe basis of sex9 origin9 language9 religion or creed. In practice9 political9 economic9and social discrimination against non>citiens9 hiHi 5uslims9 and women widely

    persists. In 5ay :+9 the #hamber of 1eputies reGected a law maCingdiscrimination a crime punishable under the countryHs 6;73 Penal #ode.

    %he constitution prohibits arbitrary arrest and detention.

    %he constitution prohibits torture and other cruel9 inhuman9 or degrading treatment

    or punishment. 8ollowing the reforms of :69 systematic torture no longer taCesplaceL howeer9 there has been no attempt to inestigate allegations of torturecommitted by goernment officials in the past.

    4n (ugust 6+9 :3 the Cing ratified the MProtecting ociety from %errorist (ctsN

    bill that allows for extended detention without charge or Gudicial reiew. ( pressstatementby $) pecial 'apporteur on the promotion and protection of humanrights 5artin cheinin expressed concern that the lawHs definition of terrorism istoo broad. (ccording to an (mnesty Internationalreport9 the law restricts freedomof association and assembly and heightens the risC of torture and arbitrarydetention.

    Ding *amad Bin Isa al>Dhalifa ratified on 0uly :9 :3 amendments to the

    association law that prohibit demonstrations in public places9 set prison terms of upto six months for organiers of unauthoried protests9 and allow the police to attendand breaC up any public meeting. %he law also forbids non>Bahrainis from

    participating in political protests. *uman rights actiists hae criticiedgoernment>proposed amendments to the association law sensitie by the interior minister. (ccordingto the law9 rally organiers must inform the authorities three days before thescheduled date and assume full ciil and criminal responsibility for damage to

    priate or public property during a demonstration. %he law also bans carryingfirearms or Cnies during demonstrations9 stipulates that rallies may not be held

    before 7am or after 66pm9 and notes that funeral processions may not be turnedinto political rallies.

    %he constitution proides for freedom of religion. In practice the goernment

    places limitations on this right. %he constitution declares Islam as the official

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    http://www.unhchr.ch/huricane/huricane.nsf/view01/DFD0DF732FDD5BD7C12571B6003C995C?opendocumenthttp://web.amnesty.org/library/Index/ENGMDE110032006?open&of=ENG-2MDhttp://web.amnesty.org/library/Index/ENGMDE110032006?open&of=ENG-2MDhttp://www.carnegieendowment.org/http://www.fride.org/http://www.unhchr.ch/huricane/huricane.nsf/view01/DFD0DF732FDD5BD7C12571B6003C995C?opendocumenthttp://web.amnesty.org/library/Index/ENGMDE110032006?open&of=ENG-2MDhttp://www.carnegieendowment.org/http://www.fride.org/
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    religion. %he goernment also funds9 monitors9 and subGects all official religiousinstitutions to some controls9 including hiHi and unni mosJues. %he International'eligious 8reedom 'eportproides an oeriew of eents related to this issue inBahrain in :+.

    %he )ew 2orC>based organiation *uman 'ights Eatch proides a comprehensieoeriewof human rights deelopments in Bahrain.

    $egislation Regulating the E"ercise of Rights

    P)i,i$) P$-, L$5(

    > Political parties are illegal in Bahrain. Political societies9 which de factooperate as parties9 hae been sanctioned and licensed by the goernment since

    :6.

    > Political societies are allowed to select election candidates9 act as parliamentaryblocs9 hold internal elections9 campaign for public support9 and host politicalgatherings.

    > %hePolitical 'ights ,awof 0uly :: is intended to regulate electioncampaigns. It prohibits Melection meetingsN at worship centers9 uniersities9 and

    public institutions. (fter this law went in to effect9 the freJuency of publicmeetings declined and so did press coerage.

    > In 0une :+9 the )ational (ssembly reGected a draft of a law that would haeallowed the formation of political parties.

    E)#,-$) L$5

    > %he!lection ,aw of ::grants the right to ote to Bahraini citiens9 womenas well as men :6 years of age and older. #itiens of -## countries who areBahraini residents as well as non>residents who own property in Bahrain arealso allowed to ote. #itiens of non>-## countries are not allowed to ote.

    > %he !lection ,aw of :: regulates the political actiities of candidates9

    prohibiting speeches at most public locations and limiting the areas wherecampaign materials can be placed. *oweer9 these regulations are onlysporadically enforced.

    > %he !lections #ommittee oersees elections in Bahrain. %his committee is ledby the 5inister of 0ustice and Islamic (ffairs who appoints a subcommittee tooersee elections in each district. %he chairman of each subcommittee must bea member of the Gudiciary. !ach electoral candidate may appoint a member tosere on the !lections #ommittee.

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    http://www.state.gov/g/drl/rls/irf/2004/35495.htmhttp://www.state.gov/g/drl/rls/irf/2004/35495.htmhttp://www.state.gov/g/drl/rls/irf/2004/35495.htmhttp://www.hrw.org/doc?t=mideast&c=bahraihttp://www.bahraintoday.net/pages/LbD.pdfhttp://www.bahraintoday.net/pages/LbD.pdfhttp://www.bahraintoday.net/pages/PEL.pdfhttp://www.bahraintoday.net/pages/PEL.pdfhttp://www.carnegieendowment.org/http://www.fride.org/http://www.state.gov/g/drl/rls/irf/2004/35495.htmhttp://www.state.gov/g/drl/rls/irf/2004/35495.htmhttp://www.hrw.org/doc?t=mideast&c=bahraihttp://www.bahraintoday.net/pages/LbD.pdfhttp://www.bahraintoday.net/pages/PEL.pdfhttp://www.carnegieendowment.org/http://www.fride.org/
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    > 5embers of the #hamber of 1eputies are elected in + separate electoraldistricts. In some cases9 the districts were gerrymandered to benefit theminority unni population.

    > !lection dates must be set + days in adance9 while election reruns must be

    announced days in adance. ( schedule of eligible oters is published foreach district before elections.

    L$5 + A((i$,i(

    > %he,aw of (ssociations9 1ecree )o. :69 issued in 6;; and 1ecree)o. 6 issued in 6;; regulates the internal operations of associations9 theirfund>raising actiities9 and their relationship with the goernment. %he law9under which all types of associations are reJuired to register9 explicitly

    prohibits inolement in politics. It proides extensie scope for goernmentinterference in the running of an association9 including control oer financial

    affairs. %he 5inister of ,abor and ocial (ffairs has the power to dissole anysociety9 dismiss its board of directors9 and to install a director of thegoernmentKs choice.

    > Ding *amad ratified a controersial Political (ssociations ,awin(ugust : despite ehement opposition from BahrainKs political societies.%he new law stipulates that associations can be formed as long as they are not

    based on class9 profession9 or religion and raises the minimum age of societymembers from eighteen to twenty>one. It also imposes restrictions on foreignfunding and reJuires all existing political societies to re>register with the

    5inistry of 0ustice by )oember :9 :. Political associations hae beenprotesting the law since it was passed by parliament in 0uly and established acoalition to push for amendments. %he Bahrain #enter for *uman 'ights urgedsocieties to defy the law and continue their actiities without re>applying for alicense.

    > %he new constitution gies Bahrainis the right to set up priate scientific orcultural associations9 proided that they are established peacefully and for legalobGecties.

    > %he #onstitution proides for the right of free assemblyL howeer9 the 6;7

    Public -atherings ,aw %he opposition al>EefaJ parliamentary bloc submitted on eptember6;9 :7 draft amendments to the controersial Public -atherings ,aw. %hecurrent law stipulates that permission of the 5inistry of Interior is to be

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    http://www.bah-molsa.com/arabic/sec8a.htmhttp://www.bah-molsa.com/arabic/sec8a.htmhttp://www.legalaffairs.gov.bh/htm/K2605.htm?%D8%A7%D9%84%D8%AC%D9%85%D8%B9%D9%8A%D8%A7%D8%AA+%D8%A7%D9%84%D8%B3%D9%8A%D8%A7%D8%B3%D9%8A%D8%A9http://www.legalaffairs.gov.bh/htm/L1873.htm?%D8%A7%D9%84%D8%AA%D8%AC%D9%85%D8%B9http://www.legalaffairs.gov.bh/htm/K3206.htm?%D8%A7%D9%84%D8%AA%D8%AC%D9%85%D8%B9http://www.carnegieendowment.org/http://www.fride.org/http://www.bah-molsa.com/arabic/sec8a.htmhttp://www.legalaffairs.gov.bh/htm/K2605.htm?%D8%A7%D9%84%D8%AC%D9%85%D8%B9%D9%8A%D8%A7%D8%AA+%D8%A7%D9%84%D8%B3%D9%8A%D8%A7%D8%B3%D9%8A%D8%A9http://www.legalaffairs.gov.bh/htm/L1873.htm?%D8%A7%D9%84%D8%AA%D8%AC%D9%85%D8%B9http://www.legalaffairs.gov.bh/htm/K3206.htm?%D8%A7%D9%84%D8%AA%D8%AC%D9%85%D8%B9http://www.carnegieendowment.org/http://www.fride.org/
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    obtained three days before a public gathering and that rallies may not taCe placewithin meters of a school or a health center. %he ,aw proides for a Gailsentence of up to six months for iolations. al>EefaJHs amendments seeC toreduce the notice period to :+ hours9 remoe geographical restrictions9 andreduce the Gail sentence to one month

    M#&i$ L$5(

    > %he constitution proides for the freedom of speech and press9 but thegoernment limits these rights in practice9 especially in the media.

    > %he 6;3 Press ,aw regulates content of the media and reJuires all newspapersto be licensed by the goernment.

    > In ::9 a newpress lawwas issued by royal decree. %he goernment began

    implementing the law but stopped due to public protest that it would createharsh restrictions on press freedom. (lthough suspended9 the law continues to

    be enforced at the goernmentKs discretion. %he suspended press law proidesfor many rights not stated in the 6;3 Press ,aw. (ccording to the law9

    Gournalists will be treated as public serants who hae the full protection of thelaw from being harassed or assaulted. %hey also cannot be dismissed from theirorganiation without the goernment presenting a Gustifiable reason to the

    GournalistsH association. *oweer9 the :: law also establishes a host ofrestrictions and gies the information minister the power to seeC court>orderedclosures of newspapers and to refer Gournalists to courts for criminal

    prosecution. %he law proides for prison sentences in three general categoriesof offenseF criticiing IslamL criticiing the CingL and inciting actions thatundermine state security. %he law abolished controersial Gail punishments for

    Gournalists conicted of transgressions except for those three categoriesmentioned.

    > In 4ctober :9 the Bahrain 0ournalists (ssociation 0ournalists regularly practice self>censorship and many procedures to maintaingoernment control of the media are still in place. %here hae been serioussetbacCs in press freedom including the arrest of many Gournalists and online

    bloggers for attacCing what they see as goernment repression anddiscrimination. ( comprehensie report of internet filtering in Bahrain can befound "#-#.

    > %he Information 5inistry controls local broadcast media and exercisesconsiderable control oer priately owned local print media. (ccording to the

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    http://www.bahrain.gov.bh/legalaffairs/htm/L4702.htmhttp://www.bahrain.gov.bh/legalaffairs/htm/L4702.htmhttp://www.ifj.org/default.asp?index=2154&Language=ENhttp://www.opennetinitiative.net/studies/bahrain/ONI_Bahrain_Country_Study.pdfhttp://www.carnegieendowment.org/http://www.fride.org/http://www.bahrain.gov.bh/legalaffairs/htm/L4702.htmhttp://www.ifj.org/default.asp?index=2154&Language=ENhttp://www.opennetinitiative.net/studies/bahrain/ONI_Bahrain_Country_Study.pdfhttp://www.carnegieendowment.org/http://www.fride.org/
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    Bahrain 0ournalists ociety9 thirty>two libel cases were brought againstGournalists in :7. #licC "#-#for more information.

    > (ccording to the annualEorldwide Press 8reedom Indexby 'eporters withoutBorders9 BahrainHs leel of press freedom ranCs 66 of 63; countries. %heindex runs from 6 fie lawsuits hae been brought against Gournalists since :6. %henew draft law is awaiting discussion in the lower house of parliament. In :9

    parliament reGected a similar bill.

    P#-($) S,$,( L$5

    > %here are no codified personal status laws. Bahraini womenHs personal status isgoerned by Islamic law. Eomen enGoy the same legal rights as men except onthose issues of personal status regulated by the haria including diorce andinheritance.

    > ubstantial differences exist in the personal status laws relating to unni andhiHi women. hiHi and unni women both hae the right to initiate a diorceLhoweer9 religious courts may refuse the reJuest. (lthough local religiouscourts may grant a diorce to hiHi women in routine cases9 occasionally hiHiwomen seeCing diorce under unusual circumstances must trael abroad toseeC a higher ranCing opinion than that aailable in Bahrain. Eomen of eitherdenomination may own and inherit property and may represent themseles inall public and legal matters. In the absence of a direct male heir9 hiHi womenmay inherit all property. In contrast9 in the absence of a direct male heir9 unniwomen inherit only a portion.

    R#+-%( U- Di(((i

    > %he upreme #ouncil for Eomen9 chaired by the CingHs wife haiChaabeeCa bin Ibrahim al>Dhalifa9 has led a campaign for legislation on personalstatus matter. 1efenders of the initiatie argue that the lacC of a codified

    personal status law in Bahrain gies Gudges excessie discretion in theirinterpretation of haria law and allows them to rule against women in cases ofdiorce9 inheritance9 and child custody. BahrainHs al>EefaJ )ational Islamicociety is leading the opposition to the legislation on the grounds that it is un>

    Islamic and that only religious scholars should hae a say in determiningpersonal status issues.

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    > In 0une :9 a change to the passport law was bacCed in principle by the#onsultatie #ouncil. If enacted9 the amendment would allow Bahraini wiesto obtain a passport without their husbandsH permission.

    Recent Government Initiatives Affecting Rights

    > In the three years following the death of BahrainKs emir in 6;;;9 the countrywitnessed a sustained process of political9 legal9 and social reform. %he new Cing

    pledged to transform Bahrain into a MpeopleHs CingdomN and officially changed thecountryHs name to the Dingdom of Bahrain.

    > %he first step in the reform process was the issuing of !miri 1ecree )o. 9 whichcalled on citiens to participate in a referendum on a)ational #harterof (ction on8ebruary 6+9 :6. %he )ational #harter was approed9 with a oter turnout of

    ;.

    > %he changes introduced by the )ational #harter were solidified in the ::#onstitution9 which created a bicameral legislature with one elected chamber9 asemi>independent Gudicial system9 and fie goernorates and twele municipalcouncils. (dditional reforms included an amnesty for political prisonersL lifting oftrael bans on political actiistsL reinstating dissidentsL and repealing state securitylaws. Bahrain also became the first -## country to allow the participation ofwomen in national elections.

    > In (ugust :69 the Cing announced the creation of a new upreme #ouncil forEomen in Bahrain to adise the goernment on womenKs issues. %he #ouncilconsists of fourteen experts chaired by the wife of the !mir9 heiCha abeeCa bintIbrahim al>Dhalifa. %he 5inistries of !ducation9 *ealth9 ,abor and ocial (ffairsalso designed plans for the adancement of women.

    > %he Bahrain Institute for Political 1eelopment9 a new organiation dedicated topromoting democracy9 was established by the goernment following a decreeissued by the Cing in 0une :. Its obGecties are to adise goernment officials9

    proide research and training to political candidates9 and spread awareness aboutdemocracy among the public.

    > %he Bahraini goernment announced a plan for educational reform on eptember9 :3 that will focus on improing curricula9 training teachers9 and combatingilliteracy.

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    olitical Forces

    olitical parties

    Political parties are illegal9 but there are more than 6 large and well>organiedpolitical societies.

    %he political societies include a number of unni Islamic groups9 including the

    )ational Islamic 8orum Islamic basis of Bahraini society. ItseeCs to promote Islamic attitudes in all areas of life within the frameworC of theconstitution.

    %here are two main leftist/secularist political societiesF

    > )ational 1emocratic (ction ociety Is broadly secular and represents an (rab nationalist political agenda> It was the first political group to be licensed in any -## country> It is chaired by a former 5arxist9 (bdul>'ahman (l )uaimi9 who returned

    to Bahrain from exile under the preious CingHs amnesty.

    > 1emocratic Progressie 8orum #ampaigns on a platform of strengthening democracy and pluralism> *as its antecedents within the #ommunist Party9 seeral of its founders

    being former members

    > Is chaired by (hmad al>%hawadi9 a former exile who returned to Bahrainafter being pardoned by the !mir.

    > (ims to promote the principles of the constitution and supports thedemocratic reform proGect

    %here are two dominant official hiHi political opposition organiationsF al>EefaJ

    and the Islamic (ction ociety (l>EefaJ> Is the largest political organiation with membership of at least 39.> Predominantly hiHi9 although not specifically religious.

    > 'eplaced the hiHi Bahrain 8reedom 5oement that was widely popular9though illegal in the 6;;s.

    > Its elected leader is heiCh (li alman9 an exile who returned to Bahrain in8ebruary :6.

    > Islamic (ction ociety Is the second largest political association with a narrower and more militant

    base.> 0oined al>EefaJ in calling for reforms but maintains a clear religious

    orientation with linCs to Iranian clerics and adocates a haria legal system.

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    http://www.aldemokrati.org/http://www.almenber.com/http://www.alwefaq.org/wefaq/modules/main/http://www.amal-islami.net/http://www.carnegieendowment.org/http://www.fride.org/http://www.aldemokrati.org/http://www.almenber.com/http://www.alwefaq.org/wefaq/modules/main/http://www.amal-islami.net/http://www.carnegieendowment.org/http://www.fride.org/
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    > Political roots in the iolent reolutionary group Islamic 8ront for the,iberation of Bahrain and iewed with suspicion by unnis and hiHisaliCe.

    (lthough the hiHi political groups are moderate and for the most part do not seeC

    to replace the ruling regime9 they are still iewed sCeptically by unni 5uslimsand by the goernment.

    %here is also a broadly centrist political society9 the (rab>Islamic Easat ociety

    sectarian platform. It has also promised tocurtail the influence of tribal affiliations. It is moderate in terms of policy9 faoringthe promotion of democracy9 human rights and respect for the role of Islam insociety.

    'ivil societ&

    %he 6;; ,aw of (ssociations regulates ciil society organiations. It prohibits

    any actiity by an unlicensed society and prohibits associations from participatingin electoral campaigns. Political associations are licensed under this law9 but defacto participate in the political process. %he 5inistry of ocial 1eelopment hasthe right to reGect the registration of any society whose serices it deemsunnecessary or contrary to state security.

    Bahrain has seen an increase in the number of nongoernmental organiations

    worCing on human rights and womenKs rights in recent years. %here are 3 )-4s

    registered in Bahrain. )-4s must report the 5inistry of ocial 1eelopment whentheir members participate in international )-4 eents.

    Bahrain has a number of independent non>goernmental human rights groups9

    including the Bahrain *uman 'ights ocietygoernment organiations.

    In ::9 the Ding promulgated a new law on labor unions that9 for the first time9

    granted worCers the right to form and Goin unions. %he law also grants non>citiensthe right to Goin unions. ( :3 amendment set the rules for collectie bargainingand striCe. %here are approximately + trade unions in the country.

    %he ,abor $nion ,aw established a union federation9 the -eneral 8ederation of

    Bahrain %rade $nions

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    ( large number of womenHs organiations exist including the Bahrain

    Businesswoman ociety

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    Election Results

    'esults of national elections for the #hamber of 1eputies on )oember : and

    1ecember :9 :3F

    > BahrainHs largest political society and the main opposition group9 thehiHi al>EefaJ )ational Islamic ociety9 won 67 of the lower houseHs + seats.> unni Islamist parties (l 5enbar )ational Islamic ociety and (l (salaIslamic ociety won 7 and seats respectiely.> 4ther pro>goernment candidates won 6 seats.( liberal candidateallied with al>EefaJ won one seat.> %he secular )ational 1emocratic (ction ociety failed to win any seats.> (lthough the :3 candidates included 63 women9 only ,atifa (l -aoud9a pro>goernment female candidate who ran unopposed9 was able to win a seat.

    > #licC "#-#for detailed results.> &oter %urnoutF 7:

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    'onstitutional Revision

    %he first constitution entered into force on 1ecember 39 6;7 and was suspended

    in 6;7. %he Cing officially announced a new constitution on 8ebruary 6+9 ::that was to be Mcarried out in accordance with the proisions of the )ational (ction#harter.N

    %he :: constitution established the #onstitutional #ourt. (ny member of the

    goernment can challenge the constitutionality of laws in the #onstitutional #ourt.%he decisions of the court are final and binding.

    #onstitutional amendments reJuire a maGority ote of two>thirds of the

    membership of the both houses of the )ational (ssembly fully assembled. If a

    proposed amendment is reGected9 it cannot be put forward again for a full year. %heprinciples of constitutional monarchy9 inherited rule in Bahrain9 liberty andeJuality9 the state religion and the bicameral system adopted in the presentconstitution are not subGect to amendment.

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    'orruption

    %ransparency InternationalHs #orruption Perception Index :7ranCs Bahrain +7th

    out of 6 countries.

    In 0anuary ::9 the Public ector (dministratie and 8inances 5onitoring

    #ommittee was created to regulate the operation of public institutions. Its first tasCwas to inestigate the usefulness of existing policies in countering corruption andto propose legislation to amend any inadeJuacies discoered.

    In 5arch :+9 the press reported on corruption in the Gudiciary and fie haria

    court Gudges were dismissed by the 0ustice 5inister on charges of corruption. %heParliament also inestigated an instance of goernment corruption inoling thegoernment pension funds.

    BahrainHs #rown Prince9 heiCh alman bin *amad al>Dhalifa9 announced on

    eptember ::9 :7 a campaign to combat corruption and bring corrupt highofficials to Gustice. ( wide>ranging inestigation into the countryHs maGorgoernment>owned companies resulted in the criminal prosecution of a number ofhigh executies in BahrainHs (luminum #ompany

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    Ratification of International 'onventions

    %he International #onention on the !limination of (ll 8orms of 'acial

    1iscrimination