| The State Department web site below is a permanent electronic archive of information released prior to January 20, 2001. Please see www.state.gov for material released since President George W. Bush took office on that date. This site is not updated so external links may no longer function. Contact us with any questions about finding information. NOTE: External links to other Internet sites should not be construed as an endorsement of the views contained therein. |
TITLE: BAHRAIN HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
BAHRAIN
Bahrain is a monarchy with no democratically elected
institutions or political parties. The Al Khalifa extended
family has ruled Bahrain since the late 18th century and
dominates its society and government. The Constitution
confirms the Amir as hereditary ruler. The current Amir,
Shaikh Isa Bin Sulman Al Khalifa, governs Bahrain with the
assistance of his brother, the Prime Minister; his son, the
Crown Prince; and an appointed Cabinet of Ministers. In 1975
the Government suspended some provisions of Bahrain's 1973
Constitution, including those articles relating to the National
Assembly, which the Government disbanded in the same year.
There are few judicial checks on the Amir and the actions of
his Government. Social ties and interpersonal associations are
important and are formed in a complex web of family, tribal,
economic, and religious affiliations. Bahrainis belong to the
Shi'a and Sunni sects of Islam, with the Shi'a comprising over
two-thirds of the indigenous population. There are important
sectarian and ethnic divisions among the Shi'a. Despite their
minority status, the Sunnis predominate because the ruling
family is Sunni and is supported by the armed forces, the
security service, and powerful merchant families.
The Ministry of Interior is responsible for public security.
Under its auspices, the Public Security Force (police) and the
extensive and efficient Security Service are responsible for
maintaining internal order. The Bahrain Defense Force (BDF)
defends against external military threats. It does not play
any role in internal security.
Bahrain has a mixed economy, with government ownership of many
basic industries, including the important oil and aluminum
industries. Possessing limited oil and natural gas reserves,
Bahrain is intensifying efforts to diversify its economic base
and has attracted companies doing business in banking,
financial services, petrochemicals, and light manufacturing.
The Government has used its modest oil revenues to build an
advanced infrastructure in transportation and
telecommunications and has become a leading regional financial
and business center.
Although there was little formal change in the human rights
situation in 1993, Amiri decrees in March and May authorized
the release of 75 prisoners, including political detainees, and
granted amnesty to a number of Bahraini exiles living abroad.
The appointive Consultative Council (Majlis Al-Shura,
established by Amiri decree in 1992), held its first session
from January to June and reconvened for a second 6-month period
in October.
Civil liberties, however, remain circumscribed in Bahrain. The
main human rights concerns continue to include the denial of
the right of citizens to change their government; the
occasional practice of arbitrary and incommunicado detention;
the absence of impartial inspection of detention and prison
facilities; restrictions on the right to a fair public trial,
especially in the Security Court; and restrictions on freedom
of speech and press, freedom of assembly and association,
women's rights, and worker rights.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no known political or other extrajudicial killings.
b. Disappearance
There were no known disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture is prohibited by law, and there were very few credible
reports of torture in 1993. Little is known about what happens
inside Bahrain's prisons, however, since nonofficial visits are
generally prohibited. There is anecdotal evidence that
Bahraini police occasionally have used primitive forms of
torture, such as beating the soles of prisoners' feet, when
questioning criminal suspects. Bahrain's small size and social
structure would make it extremely difficult for the Government
to conceal serious abuses if they were frequent or systematic.
The Government continues to deny that torture takes place, but
it has not implemented minimal procedural safeguards that would
help deter such practices, nor has it allowed inspection of
detention facilities by impartial international organizations,
despite its announced willingness to do so. Allegations of
torture are all the more difficult for the Government to rebut
because of governmental regulations permitting the practice of
incommunicado detention and detention without trial. There
were no known instances in 1993 of authorities being punished
for human rights abuses committed in previous years.
d. Arbitrary Arrest, Detention, or Exile
Under provisions of the Security Law of 1974, most often
applied to those suspected of antiregime activity, persons may
be detained and arrested for attempting to exercise the rights
of free speech, association, or other rights. In recent years,
there has been some loosening of control on activities
previously considered "subversive." There were several
credible reports that the security forces held persons
suspected of engaging in antiregime activity for questioning in
1993. In all cases, the suspects were released with a warning
within 2 or 3 days, after the authorities determined that there
was not enough evidence to make a formal arrest. The Embassy
confirmed one case in 1993 of detention without trial for 80
days, as allowed under the 1974 Security Law. The individual
in question was released by Amiri decree on Bahrain's National
Day before formal charges could be brought against him.
Activities that could lead to detention, questioning, warning,
or arrest include: membership in illegal organizations or
those deemed subversive; painting antiregime slogans on walls;
joining antigovernment demonstrations; possessing or
circulating antiregime writings; preaching sermons with a
distinct antiregime political tone; or harboring or associating
with persons committing such acts.
Under the State Security Act of 1974, persons accused of
subversive or antiregime acts may be detained without trial for
a period not to exceed 3 years. Detainees have the right to
appeal such detentions after a period of 3 months and, if the
appeal is denied, every 6 months thereafter from the date of
the original detention. There were no credible reports of
persons being detained for more than a few days in 1993 under
the provisions of the 1974 Act, and the Government is not
believed currently to be holding any prisoners without charge.
In addition to overseeing the Security Service and police, the
Ministry of Interior also controls the office of the Public
Prosecutor, whose officers initially determine whether
sufficient evidence exists to continue to hold a prisoner in
"investigatory detention." The Ministry is responsible for all
aspects of prison administration. In the early stages of
detention, prisoners and their attorneys have no recourse to
any authority outside the Ministry of Interior.
Exile has been utilized by Bahraini authorities in dealing with
individuals suspected of antiregime activity. In the early
1980's, following the Iranian revolution, there were confirmed
reports that young Bahraini men suspected of antigovernment
activity were forced to reside outside Bahrain without benefit
of trial. Bahraini authorities maintain that, in many cases,
individuals were presented with the evidence against them and
given a choice of standing trial or living outside Bahrain for
a specified period of time. In April the authorities briefly
detained three Bahrainis, residing in Lebanon, at the airport
and refused them entry. Bahraini officials contend that all
three could have been charged with belonging to a subversive
organization if they had entered Bahrain. In the same month,
Amnesty International reported that the Government was
preparing to exile Hashim Al-Musawi, a Bahraini convicted in
1988 of antiregime activity, after he had completed his 5-year
sentence without any new charges having been brought against
him.
e. Denial of Fair Public Trial
A person arrested may be tried in an ordinary criminal court
or, if required by the prosecution, in the Security Court.
Ordinary civil or criminal trials provide procedural guarantees
for an open trial, the right to counsel (with legal aid
available when necessary), and the right to appeal. Security
cases are tried directly by the Supreme Court of Appeal,
sitting as the Security Court. Procedures in Bahrain's
Security Court do not provide appropriate safeguards. For
example, the Security Court is exempted from adhering to the
procedural guarantees of the Penal Code, proceedings are held
in secret, and there is no right to judicial review of the
legality of arrests. Although there were no such reports in
1993, in the past there have been credible allegations that
convictions in the Security Court have been based solely on
confessions obtained while in official custody and possibly
elicited under duress. There were no reports of security court
trials in 1993.
Bahraini attorneys are appointed by the Ministry of Justice and
Islamic Affairs to act as counsel. Sentences imposed by the
Security Court may, at the discretion of the Court or the
request of the defendant's family, be referred to the Amir for
clemency.
The Bahrain Defense Force (BDF) maintains a separate court
system for military personnel accused of offenses under the
military code of justice. Military courts do not review cases
involving civilian criminal or security offenses.
The number of prisoners decreased in 1993. Between 270 and 300
persons were believed to be held in Bahraini prisons, some of
whom may be political prisoners. The number of political
prisoners in Bahrain cannot be determined precisely because the
Government does not release data on security cases, such cases
are not tried in open court, and prisoners convicted of
security offenses are not always allowed visits.
In accordance with tradition, the Government continued to
release and grant amnesty to a small number of prisoners,
including self-declared political prisoners, on major Islamic
holidays. In 1993 the Government released 15 such prisoners in
March during the Eid Al-Fitr holiday and another 8 in May
following the Eid Al-Adha celebrations, as well as another 52
released by Amiri decree on December 16. Despite the
amnesties, a small number of persons convicted in trials in the
early to mid-1980's for antiregime activity remain in Bahraini
jails, although most are nearing the end of their 12- to
15-year sentences. Government sources have indicated that the
small number of prisoners convicted for nonviolent antiregime
activity in the 1980's and still remaining in custody will
shortly be released either through governmental amnesty or upon
completion of their sentences. It is not expected, however,
that the small number--approximately 10--of persons sentenced
to life imprisonment for actively taking up arms against the
Government will be granted amnesty.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Under the law, the Ministry of Interior is empowered to
authorize entry into private premises without specific judicial
intervention, although the Ministry is thought to use such
power rarely. Domestic and international telephone calls and
correspondence are subject to monitoring. Police informer
networks are extensive and sophisticated.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
While the Constitution provides for the right "to express and
propagate opinions," Bahrainis are not, in practice, free
publicly to challenge the legitimacy of, or even express
opposition to, the regime in speech or writing. Political
meetings are not permitted. Gatherings that might take on a
political tone frequently are monitored; however, the informal
relaxation of some governmental restrictions on freedom of
speech and assembly begun in 1991 continued in 1993. Although
some subjects--particularly the Hawar Islands dispute and
anything directly critical of the ruling family--remain
strictly taboo, the local press's coverage and commentary on
economic, commercial, and labor issues is increasingly open,
and private discussion of political issues was more widespread
than in the past.
The Information Ministry exercises broad authority over local
media. All newspapers are privately owned but routinely
exercise self-censorship of stories on sensitive topics. In
1993 the Government shut down the Arabic daily Akhbar
Al-Khaleej for 3 days after the newspaper, apparently
inadvertently, published a news wire story accompanied by a map
showing the Hawar Islands, which are claimed by both Bahrain
and Qatar, as part of the territory of Qatar. The Government
does not condone unfavorable coverage of its domestic policies
by the international media and has occasionally revoked the
press credentials of offending journalists. Since the Ministry
also sponsors foreign journalists' residence permits, this
action can lead to deportation. There were no reports of such
actions in 1993.
The State owns and operates all radio and television stations.
Radio and television broadcasts in Arabic and Farsi from
neighboring countries and Egypt can be received without
interference. Since 1991 Cable News Network (CNN) has been
broadcast 3 hours a day on a local television channel without
censorship and is available on a 24-hour basis by
subscription. The British Broadcasting Corporation's World
News Service is carried on a local channel 24 hours a day free
of charge and uncensored. U.S. Armed Forces Radio is also
available. Many senior government officials, ruling family
members, and major hotels use satellite dishes to receive
international broadcasts, and well-to-do private citizens are
using dishes to receive television programs from outside
Bahrain. The Ministry of Information closely controls access
to satellite dishes, and the importation or installment of
dishes without prior government approval is illegal.
Although there are no formal regulations limiting academic
freedom, as a practical matter academics try to avoid
contentious political issues. In general, there is greater
latitude to discuss politics in an academic setting.
Nevertheless, strict limits are observed, and research,
publications, and discussions critical of the Government are at
best highly infrequent.
b. Freedom of Peaceful Assembly and Association
Despite the Bahrain Constitution's affirmation of the right of
free assembly, all public political demonstrations or meetings
are prohibited. Religious gatherings that may take on
political overtones are also strictly controlled. In March the
Bahraini security services reportedly prevented a joint
Sunni-Shia political seminar from taking place at a local
mosque and briefly detained the scheduled speakers for
questioning. Political organizations are prohibited, but many
social and sports clubs have traditionally served as forums for
discreet political discussion, although these are also closely
monitored by the Government. Since the Gulf war, the
Government has been more tolerant of informal discussion of
political issues than in the past, but organized discussions
and meetings are still discouraged.
c. Freedom of Religion
Bahrain's population is overwhelmingly Muslim, and Islam is the
state religion. However, Christians and other non-Muslims,
including Jews, Hindus, and Baha'is, enjoy considerable freedom
to practice their religion and maintain their own places of
worship. Bibles and other Christian publications are displayed
and sold openly in local bookshops, which also sell Islamic and
other religious literature. Adherents of faiths other than
Islam maintain places of worship and may display the symbols of
their religion. Some small groups worship in their homes.
Religious tracts of all Islamic sects, cassettes of sermons
delivered by Muslim preachers from other countries, and
publications of other religions are readily available.
Proselytizing by non-Muslims is not encouraged, and
anti-Islamic writings are prohibited, but conversions from
Islam to other religions are tolerated. Both Sunni and Shi'a
sects are subject to governmental control and monitoring, but
there is no interference with routine worship, preaching, or
religious activities. Public religious events, most notably
annual commemorative marches by the Shi'a, are permitted but
are closely watched by the police. There are no restrictions
on the number of Bahrainis permitted to make pilgrimages to
Shi'a shrines and holy sites in Iran and Iraq; however, owing
to conditions in Iraq, very few Bahrainis make pilgrimages
there. Religious study in, and pilgrimages to, Iran were
strongly discouraged in the past. Although the Government
continues to monitor travel to Iran and scrutinizes carefully
those who choose to pursue religious study there, Bahraini
travel to Iran for pilgrimages, business trips, tourism, and
family visits is increasingly common.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Bahrainis are free to move within the country and change their
place of residence or work. Passports, however, may be denied
on political grounds. At least 3 to 5 percent of the
indigenous Bahraini population, mostly Persian-origin Shi'a, do
not have passports and cannot readily obtain them (see Section
5). Bahrainis living abroad who are suspected of political or
criminal offenses may face arrest and trial upon return to
Bahrain. The Government is reported to have issued limited
"1-year validity" passports to persons whose travel it wishes
to restrict. In 1993 the Government continued an amnesty
program initiated in 1992 to allow the return of certain
persons who, because of their known opposition to the
Government, have resided outside of Bahrain since 1980.
Permission was given to 128 exiles and their family members to
return to Bahrain. The Government waived charges against them
for disrupting the security of the State and violating passport
and immigration laws. A few amnestied returnees were picked up
for resuming their dissident activities, but all were released
into the custody of their families after being warned by the
authorities.
Bahrain does not generally accept refugees; however, in
practice refugees are not repatriated to countries from which
they have fled. Some Iranian emigres who fled Iran since 1979
have been granted permission to remain in Bahrain, but they
have not been granted citizenship.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens do not have the right or ability peacefully to change
their government or their political system, and political
activity in general is strictly controlled by the Government.
Since the dissolution of the National Assembly in 1975, there
have been no formal democratic institutions, and neither
political parties nor opposition organizations are permitted.
The Government makes all appointments to government positions.
About one-third of the Cabinet ministers are Shi'a, although
they do not hold security-related offices. The ordinary
Bahraini may attempt to influence government decisions through
submission of written petitions and informal contact with
senior officials, including appeals to the Amir and other
officials at their regularly scheduled public audiences, called
majlises.
On December 16, 1992, the Government announced the formation of
an all-appointive 30-member Consultative Council, known as the
Majlis Al-Shura. The Majlis held its first session from
January 16 to May 25 and opened its second, 6-month session on
October 2. The members of the Majlis are evenly divided
between Sunni and Shia and were deliberately chosen to
represent the major constituent groups of Bahrain, including
representatives from the business, labor, professional, and
religious communities. There are no members of the ruling
Al-Khalifa family in the Majlis, and religious "extremists" are
conspicuously absent. The Chairman of the Majlis is a Shi'a
who formerly was Minister of Transport and Communications.
Although the Majlis has no formal legislative power, it may
draft proposed legislation for the Government to approve and is
empowered to summon Cabinet ministers to answer questions at
its closed deliberations. During its first session, the Majlis
undertook to debate a number of contentious social and economic
issues, particularly in the areas of unemployment, labor
policy, and education. A number of proposals were drafted and
are now under consideration by the Government. The Government
has accepted and implemented some of the recommendations. The
Government has also acted on a number of Majlis Al-Shura
proposals designed to combat Bahrain's rising unemployment
rate, including a proposal to institute training programs for
Bahrainis, toughen entry requirements for foreign workers, and
deport a number of illegal expatriate workers.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are no local human rights organizations. Because of the
restrictions on freedom of association and expression, any
independent, domestically based investigation and public
criticism of the Government's human rights policies would face
major obstacles. The Government has consistently characterized
as baseless charges of torture and denial of access to
detainees. The Government maintains that it is "not opposed"
to visits in good faith by "bona fide human rights
organizations," but, in practice, international human rights
organizations have found it difficult to operate in Bahrain.
The Government extended a formal invitation to Amnesty
International in 1992 but no arrangements for a visit had been
made by the end of 1993.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
Islamic law (Shari'a) governs the legal rights of Bahraini
women. Specific rights vary according to Shi'a or Sunni
interpretations of Islamic law, as determined by the
individual's faith or the court in which various contracts,
including marriage, have been made. Bahraini labor law does
not discriminate against women; however, some women's groups
complain about informal discrimination in the workplace,
including inequality of wages and denial of opportunity for
advancement.
While both Shi'a and Sunni women have the right to initiate a
divorce, religious courts may refuse the request. Although
local religious courts may grant a divorce to Shi'a women in
"routine" cases, occasionally Shi'a women seeking divorce under
unusual circumstances must travel outside of Bahrain, as the
Ja'afari sect courts in Bahrain are said to lack a religious
scholar of sufficient rank to issue rulings in controversial
cases. Women of either sect may own and inherit property and
may represent themselves in all public and legal matters. In
the absence of a direct male heir, Shi'a women may inherit all
property; in contrast, Sunni women--in the absence of a direct
male heir--inherit only a portion, with the balance being
divided among uncles and male cousins of the deceased.
In the event of divorce, the courts routinely grant Shi'a and
Sunni women custody of daughters under the age of 9 and sons
under age 7. In all circumstances except mental
incapacitation, the father, regardless of custody, retains the
right to make certain legal decisions for his children, such as
guardianship of any property belonging to the child until the
child reaches legal age. A non-Bahraini woman automatically
loses custody of her children if she divorces their Bahraini
father. Women may obtain passports and leave the country
without the permission of a male head of the household.
Bahraini women are free to wear the clothing of their choice (a
large percentage wear Western dress outside the home), to work
outside the home, and to drive a car without an escort. As the
Bahraini economy has developed, women have increasingly taken
jobs previously reserved for men.
Women constitute over 20 percent of the Bahraini work force.
The Government has encouraged the hiring of women, enacted
special laws to promote female entry into the work force, and
is a leading employer of women. Bahrain's Labor Law does not
recognize the concept of equal pay for equal work, and women
are generally paid less than men. Except for a few exempted
professions, women are prohibited from working at night.
Generally, women work outside the home during the years between
secondary school or university and marriage. Women make up the
majority of students at Bahrain's universities. There are
women's organizations which seek to improve the status of women
under both civil and Islamic law.
Increasingly women have expressed the view that, despite
growing female participation in the work force, women in
Bahrain are not significantly advancing their rights and that
much of their lack of progress is due to the influence of
Islamic religious traditionalists, especially in the
government-run school system and in the Shari'a courts. Other
women, however, desire a return to more traditional religious
values and support calls for a return to Islamic patterns of
social behavior.
Violence against women is known to occur, but knowledge of
incidents is usually kept within the family in this traditional
society. In general, there is virtually no public attention
to, or discussion of, violence against women and no government
policies that address it. Women's groups and health care
professionals state that spouse abuse is relatively common,
particularly in poorer communities. There are very few known
instances of Bahraini women seeking legal redress for violence,
and anecdotal evidence suggests that the courts are not
receptive to such cases.
Cases of foreign women working as domestic servants being
beaten and sexually abused have been reported to local
embassies and the police. Most victims are too intimidated to
sue their employers. Those who do, however, appear to be
received sympathetically in the courts. In December a Bahraini
court sentenced a Bahraini couple to prison terms after their
extreme neglect led to the death of an expatriate domestic
worker. Anecdotal evidence from other embassies and local
contacts indicate that other serious abuses occur but are
infrequently reported.
Children
The Government of Bahrain has often stated its commitment to
the protection of children's human rights and welfare within
the social and religious framework of this traditional
society. The Government honors this commitment through
enforcement of its civil and criminal laws and an extensive
social welfare network.
The status of children in Bahraini society is dictated by
tradition and religion to a greater extent than by civil law.
Public discussion of child abuse is rare, and the preference of
the authorities has always been to leave such matters within
the purview of the family or religious groups. In 1993,
however, the government-controlled press featured commentaries
decrying "growing" trends of child prostitution, abuse, and
begging. Bahraini authorities actively enforce the laws
against prostitution, including child prostitution, procuring,
and pimping. Violators are dealt with harshly and can be
imprisoned or deported if non-Bahraini. In some cases,
authorities reportedly will return Bahraini children arrested
for prostitution and other crimes to their families rather than
actively prosecute them, especially for first offenses. In
January a local women's society held a seminar on the legal
rights of children in which some participants called for
greater governmental protection of children, including the
establishment of a separate juvenile court. Juvenile cases
currently are heard in the regular courts 1 day a week. Other
Bahrainis, however, insist that the protection of children is a
religious, not a secular, function and would oppose greater
governmental interference in this traditional sphere.
Independent and quasi-governmental organizations such as the
Bahraini Society for the Protection of Children and the Mother
and Child Welfare Society play an active part in the protection
of children by providing counseling, legal assistance and
advice, and, in some cases, shelter and financial support to
distressed children and families.
National/Racial/Ethnic Minorities
A group of 3,000 to 5,000 mostly Persian-origin Shi'a
Bahrainis, commonly known as "bidoon" (those without), enjoy
less than full citizenship under the Bahraini Citizenship Act
of 1963. Without citizenship these individuals reportedly are
unable to buy land, start a business, or obtain government
loans. The law does not address the citizenship rights of
persons who were not registered with Bahraini authorities prior
to 1959, creating a legal lacuna for such persons and their
descendants and resulting in economic and other hardships. The
Government maintains that the figure 3,000 to 5,000 is too high
and that many of these persons in fact own property and
businesses.
Religious Minorities
Although there are notable exceptions, Sunni Muslims enjoy a
favored status in Bahrain in comparison with the Shi'a. Sunnis
generally receive preference for employment in sensitive
government positions and in the managerial ranks of the civil
service. Shi'a Bahrainis are not allowed to hold significant
posts in the Bahrain defense and internal security forces. On
the other hand, Shi'a Muslims occupy most of the senior
positions in the major government-owned industries and are
disproportionately represented in the educational sphere as
secondary school teachers, professors, and university
administrators. In general, however, employment opportunities
for Shi'a are more restricted than for Sunnis, and Shi'a tend
to be employed in lower paid, less skilled jobs. Social and
municipal services in most Shi'a neighborhoods, particularly in
rural villages, are inferior to those found in Sunni urban
communities. In an effort to remedy social discrimination,
improve living conditions for the Shi'a, and encourage
integration, the Government has built numerous subsidized
housing complexes open to all Bahrainis on the basis of
financial need.
People with Disabilities
Bahraini law protects the rights of people with disabilities,
and a variety of governmental, quasi-governmental, and
religious institutions are mandated with the support and
protection of disabled persons. The Regional (Arabian Gulf)
Center for the Treatment of the Blind is headquartered in
Bahrain. Bahraini society tends to view people with
disabilities as special cases in need of protection rather than
as fully functioning members of society. Nonetheless, the
Government is required by law to provide vocational training
for disabled persons wishing to work and maintains a list of
certified, trained disabled persons. The Labor Law of 1976
also requires that any employer employing over 100 employees
engage at least 2 percent of its employees from the
Government's list of disabled workers. The Ministry of Labor
and Social Affairs works actively to place people with
disabilities in public sector jobs, such as in the public
telephone exchanges. The Government's housing regulations
require access be provided to disabled persons. Most large
public buildings (including the Ministries of Foreign Affairs
and Defense, the University, and schools) are equipped with
ramps and other aids which make them accessible to disabled
persons.
Section 6 Worker Rights
a. The Right of Association
The partially suspended 1973 Constitution recognizes the right
of workers to organize, but trade unions do not exist in
Bahrain, and the Government does not encourage their
formation. Article 27 of Bahrain's Constitution states:
"Freedom to form associations and trade unions on national
bases and for lawful objectives and by peaceful means shall be
guaranteed in accordance with the conditions and in the manner
prescribed by the law. No person shall be compelled to join or
remain in any association or union." In response to labor
unrest in the mid-1950's and in 1965 and 1974, however, the
Government passed a series of labor regulations which, among
other things, allow the formation of elected workers'
committees in the larger Bahraini companies.
Worker representation in Bahrain today is based on a system of
Joint Labor-Management Consultative Councils (JCC's)
established by Amiri decree. Since 1982, 12 JCC's have been
established in the major state-owned industries. The JCC's are
composed of equal numbers of appointed management
representatives and worker representatives elected from and by
company employees. The selection of worker representatives
appears to be a fair process, and worker representatives appear
generally to genuinely represent worker interests. Under
Bahraini law, the Ministry of Interior may exclude worker
candidates with criminal records or those deemed a threat to
national security. The elected labor representatives of the
JCC's select the 11 members of the General Committee of
Bahraini Workers (GCBW) established in 1983 by law, which
oversees and coordinates the work of the JCC's. The Committee
also hears complaints from Bahraini and foreign workers and
assists them in bringing their complaints to the attention of
the Ministry of Labor or the courts. Although the Government
and company management are not represented on the GCBW, the
Ministry of Labor closely monitors its activities and must
approve the distribution of GCBW funds (raised by government
taxes on employers) and the rules and procedures of the GCBW.
The JCC-GCBW system now represents close to 70 percent of the
island's indigenous industrial workers, although both
government and labor representatives readily admit that
nonindustrial workers are underrepresented by the system. In
1993 the GCBW announced the extension of the JCC system into
the private sector and the planned formation of at least five
new JCC's in private companies. The Ministry of Labor
supported these moves and has urged the formation of JCC's in
all public and private sector companies employing more than 200
workers. Although 67 percent of the Bahraini work force is
expatriate, expatriates are underrepresented in the work of the
GCBW, and none currently participate on its board. It is a
longterm goal of the Government to replace expatriate workers
with Bahrainis and to create new jobs for Bahrainis seeking
employment.
Bahraini labor law is silent on the right to strike, and there
were no strikes in 1993, but strikes with a political
connotation were repressed in the 1960's and early 1970's.
Actions perceived to be detrimental to the "existing
relationship" between employers and employees or to the
economic health of the State are forbidden by the 1974 Security
Law. There are no recent examples of major strikes, but
walkouts and other job actions have been known to occur without
governmental intervention and with positive results for the
workers.
The GCBW represents Bahraini workers at the International Labor
Organization (ILO) and in the Arab Labor Organization, but does
not belong to any international trade union organizations.
b. The Right to Organize and Bargain Collectively
As in the case of strikes, Bahraini labor law neither grants
nor denies workers the right to organize and bargain
collectively outside the JCC system. While the JCC's described
above are empowered to discuss labor disputes, organize
workers' services, and discuss wages, working conditions, and
productivity, the workers have no independent, recognized
vehicle for representing their interests on these or other
labor-related issues. JCC's do in fact make suggestions to
management on some working conditions and limited aspects of
wage issues, but management must agree before a proposal can be
put in force.
Minimum wage rates are established by Council of Ministers'
decree. Increases in wages above the minimum, which are
subject to discussion in the JCC's, are set by management, with
government salaries for comparable work often serving as an
informal guide. Private businesses generally follow the
Government-JCC lead in establishing their wage rates.
There are two export processing zones, but labor law and
practice are the same in these zones as in the rest of the
country.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is legally prohibited, and the Labor
Ministry is charged with enforcing the law. The Ministry
enforces the labor laws with periodic inspections and routinely
fines violators. New provisions to the Labor Law passed in
November stiffened the maximum fines imposed and mandated
imprisonment for certain violations. The press often performs
an ombudsman function on labor problems, reporting instances in
which private sector employers occasionally compelled foreign
workers from developing nations to perform work not specified
in their contracts, as well as Ministry of Labor responses.
Once a complaint has been lodged by a worker, the Labor
Ministry opens an investigation and often takes remedial
action. A number of abuses undoubtedly go unreported,
particularly involving domestic workers and others in Bahrain
on "free visas." In the most common cases, these workers come
to Bahrain under the sponsorship of one indvidual or company
(often fronting for an unlicensed employment agency), then
switch jobs, while continuing to pay a fee to their original
sponsor. The Government has announced its intention to abolish
this illegal practice, which makes it difficult to monitor and
control the employment conditions of domestic and other
workers. The Labor Law amendments passed in November stiffened
the penalties for engaging in visa switching to include a jail
sentence of up to 6 months for each illegally sponsored
worker. However, the Government's efforts to find and deport
illegally sponsored workers make these domestic workers even
more reluctant to bring cases of abuse to the courts. Even if
the courts rule in their favor in a particular case of abuse,
the workers concerned are very likely to be deported as illegal
immigrants after the case is concluded. The intense fear of
deportation almost certainly allows some "sponsors" to impose
abusive conditions, which approach coerced or bonded labor, on
their employees. The elimination of such abuses is one
objective of the Government's vigorous campaign to crack down
on "free visa peddlers."
d. Minimum Age for Employment of Children
The minimum age for employment is 14. Juveniles between the
age of 14 and 16 may not be employed in hazardous conditions or
at night and may not work over 6 hours per day or on a
piecework basis. Child labor laws are effectively enforced by
Ministry of Labor inspectors in the industrial sector; child
labor outside that sector is less well monitored but is not
believed to be significant outside family-operated businesses.
e. Acceptable Conditions of Work
Minimum wage scales, set by government decree, exist for public
sector employees and generally afford a decent standard of
living for workers and their families. The current minimum
wage for the public sector in Bahrain is $236.60 (91 Bahraini
dinars) a month. Wages in the private sector are determined on
a contract basis. For foreign workers, employers consider
benefits such as annual repatriation and housing and education
bonuses part of the salary.
Bahrain's Labor Law, enforced by the Ministry of Labor and
Social Affairs, mandates acceptable conditions of work for all
adult workers, including adequate standards regarding hours of
work (maximum 48 hours per week) and occupational safety and
health. The Fourth High Court (labor) has jurisdiction over
cases involving alleged violations of the Labor Law.
Complaints brought before the Ministry of Labor and Social
Affairs that cannot be settled through arbitration must, by
law, be referred to the Court within 15 days. In practice,
most employers prefer to settle such disputes through
arbitration, particularly since the Court and Labor Law are
generally considered to favor the worker/employee. Under
Bahraini Labor Law, workers have the right to remove themselves
from dangerous work situations without jeopardy to their
continued employment.
In February the Government strengthened the Labor Law by Amiri
decree, announcing that significant fines and jail sentences
would be imposed upon private sector employers who fail to pay
legal wages. This law applies equally to employers of
Bahrainis and expatriates and is intended to reduce abuses
against foreign workers who in the past have sometimes been
denied legal salaries. In 1993, after consulting with the GCBW
and the Majlis Al-Shura, the Ministry of Labor and Social
Affairs submitted a further package of 29 amendments to the
Labor Law to the Government for consideration. These changes
were proposed, in part, to bring Bahrain's labor laws into
greater conformity with international norms.
The law provides equal protection to Bahraini and foreign
workers. However, all foreign workers are required to be
sponsored by Bahrainis or Bahrain-based institutions and
companies. Subject to sanctions for wrongful dismissal,
sponsors are able to cancel the residence permit of any person
under their sponsorship and thereby block them from obtaining
entry or residence visas from another sponsor. Foreign
workers, particularly those from developing countries, are
often unwilling to report abuses for fear of losing residence
rights and having to return to their native countries.
Although instances of foreign workers being denied their
guaranteed holidays, days off, and vacations without
compensation are periodically reported in the local press,
government attempts to address individual abuses in these and
other cases are often hampered by the workers' unwillingness to
make a formal complaint. In September a senior Ministry of
Labor official publicly invited a group of expatriate contract
employees to lodge official charges against their Bahraini
company after their letter protesting 13-hour workdays, 6 days
a week, with no break, no overtime, or compensatory time off
was published in the press.
In addition, the Labor Law specifically favors Bahrainis,
followed by Arab expatriates, over all other foreign workers in
the areas of hiring and firing. Because employers include
housing and other allowances in their salary scales, Asian
workers are legally paid lower regular wages than their
Bahraini counterparts, although they sometimes receive the same
or greater total compensation package because of home leave and
holiday pay allowances. Western expatriates and Bahraini
workers are paid comparable wages, with total compensation
packages often significantly greater for the former. Women are
prohibited from performing night work, except in certain
exempted fields. Women are entitled to 60 days of paid
maternity leave, nursing periods during the day, and up to 1
year of unpaid maternity leave. However women are generally
paid less than men. (###)
[end of document]
Return
to 1993 Human Rights Practices report home page.
Return to DOSFAN
home page.
This is an official U.S. Government source
for information on the WWW. Inclusion of non-U.S. Government links
does not imply endorsement of contents.