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TITLE: BAHRAIN HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
BAHRAIN
Bahrain is a monarchy that has been ruled since the late 18th
century by the Al-Khalifa family, which dominates its society
and government. It has no political parties or elected
representative institutions. The Constitution confirms the
Amir as hereditary ruler. The current Amir, Sheikh Isa Bin
Sulman Al-Khalifa, governs with the assistance of his younger
brother, the Prime Minister; his son, the Crown Prince; and an
appointed Cabinet of Ministers. In 1975 the Government
suspended some provisions of the 1973 Constitution, including
those articles relating to the National Assembly, which the
Government disbanded in the same year. The Government faces
few judicial checks on its actions. Bahrainis belong to the
Shi'a and Sunni sects of Islam, with the Shi'a comprising over
two-thirds of the indigenous population. Sectarian and ethnic
divisions exist 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 Sunni and Shi'a merchant families.
The Ministry of Interior is responsible for public security.
Under its auspices, the Public Security Force (police) and the
extensive 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 domination of many
basic industries, including the important oil and aluminum
industries. The Government has used its modest oil revenues to
build an advanced infrastructure in transportation and
telecommunications. Bahrain is a regional financial and
business center. Tourism is also a significant source of
income.
There was little change in the human rights situation: civil
liberties remained broadly circumscribed. The main abuses
included arbitrary and incommunicado detention; involuntary
exile; the absence of impartial inspection of detention and
prison facilities; some instances of abuse of detainees;
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. As a practical matter, the people do not have
the right to change their government.
In early December, a Shi'a imam and approximately 12 of his
followers were arrested for inciting violence against the
Government and foreign residents. Protesters staged large and
sometimes violent demonstrations in Manama and in several Shi'a
villages to demand his release. Three protesters and 1
policeman were killed in the unrest, and the police detained
about 500 to 600 persons. Nearly all the detainees were
arrested for committing illegal acts such as skirmishing with
police or vandalism. Demonstrations continued into January
1995. The police arrested several hundred more demonstrators.
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 reports of political or extrajudicial killings.
b. Disappearance
There were no reports of disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The law prohibits torture. Little is known about the treatment
of detainees and prisoners because the authorities restrict
prison visits. During interrogations, the police reportedly
have beaten detainees on the soles of their feet. Credible
evidence exists that the authorities at Al-Jaw Security Prison
used excessive force to restrain or punish a small number of
prisoners who staged a 10-day hunger strike in April.
Convicted prisoners, including those sentenced for security
offenses, have regular access to medical care and may receive
visits from family members, usually once a month. On at least
one occasion, a prisoner serving a life sentence for a security
offense was given a 1-day furlough to visit his family
following the death of his father.
The Government denies that torture takes place. However, it
has not implemented minimal procedural safeguards nor allowed
inspection of detention facilities by impartial international
organizations. The Government has difficulty in rebutting
allegations of torture because it permits incommunicado
detention and detention without trial. The Government is not
known to have punished any official in 1994 for human rights
abuses committed either in 1994 or in previous years.
Prison conditions do not appear to pose any threat to the life
or health of those detained.
d. Arbitrary Arrest, Detention, or Exile
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. Under normal
criminal proceedings, police may detain a suspect for up to 7
days of questioning before filing charges.
However, 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. Under the Act, persons may be
detained for attempting to exercise the rights of free speech,
association, or other rights in opposition to the Al-Khalifa
regime. Activities that could lead to detention 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;
and harboring or associating with persons committing such acts.
In April security forces detained 14 Shi'a students following a
sectarian schoolyard brawl and held them for 2 months without
charge. In early December, a Shi'a imam and approximately 12
of his followers were arrested for inciting violence against
the Government and foreign residents. Following their arrest,
protesters demanding their release staged a series of large,
sometimes violent, demonstrations in Manama and several Shi'a
villages. Throwing stones and Molotov cocktails, the
protesters attacked two police stations, public security
vehicles, and two branches of the National Bank of Bahrain. At
least three demonstrators and one policeman were killed in the
clashes. The police detained approximately 500 to 600 persons,
nearly all of whom were arrested for committing illegal acts,
such as skirmishing with police or vandalism. Demonstrations
continued in mid-January and the police detained several
hundred more demonstrators.
The authorities continue to use the revocation of citizenship
and exile to punish individuals suspected or convicted of
antiregime activity. During the 1980's, in the aftermath of
the Iranian Revolution and an aborted coup attempt by
pro-Iranian elements, the Government deported without trial a
significant number of citizens. In 1994 the Amir granted
amnesty to 21 of these exiles and their families, allowing them
to return to Bahrain.
Throughout 1994 the authorities detained individuals at the
airport who sought to return without the benefit of amnesty,
and returned them to their point of origin. The authorities
also revoked the citizenship of two citizens of Iranian descent
who were convicted in 1988 of security offenses, and deported
them to Iran after they completed serving their prison terms.
The authorities maintain that they present prospective
returnees with the evidence against them and give them the
choice of standing trial or continuing to reside abroad for a
specified period of time. In some cases, the Government
maintains that individuals have legally forfeited their
citizenship by their acceptance of foreign citizenship or
participation in antiregime activities.
However, emigre groups and their local contacts challenge both
assertions. They argue that most exiles would prefer to stand
trial than continue to live abroad, and that the revocation of
citizenship without due process violates the Constitution.
According to emigre groups, approximately 100 to 150 Bahrainis
live in exile. This figure includes those who are prohibited
from returning and their family members who voluntarily live
abroad with them.
e. Denial of Fair Public Trial
An arrested persson 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. However,
some attorneys and family members involved in politically
sensitive criminal cases complained that the Government
interfered with normal court proceedings to influence the
outcome or to prevent court judgments from being carried out.
Allegations of corruption in the judicial system have also been
made from time to time, although corruption does not appear to
be a pervasive problem. There are precedents in which the
Amir, Prime Minister, and other senior government officials
have lost cases brought by private citizens. The judgments in
such cases were carried out.
Security cases are tried directly by the Supreme Court of
Appeal, which sits as the Security Court. Procedures in the
Security Court do not provide appropriate safeguards. The
Security Court is exempted from adhering to the procedural
guarantees of the Penal Code, trials are held in secret, and
defendants do not have the right to ask for a review of the
legality of their arrests. There were no reports of security
court trials in 1994. 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 total number of prisoners of all kinds, excluding those
arrested in the December riots, is believed to be between 270
and 300 persons, of whom a small number may be political
prisoners. The number of political prisoners is difficult to
determine because the Government does not release information
on security cases and restricts visits to prisoners convicted
of security offenses. The Government denies that there are any
political prisoners. It claims that all individuals detained
for security offenses, including those arrested in the December
riots, the attempted coup in 1981, and a 1987 attempt to
destroy Bahrain's single oil refinery, were properly convicted
of criminal acts such as espionage, espousing or committing
violence, or belonging to terrorist organizations.
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
holidays. The Government released 44 prisoners in March,
including 10 convicted of security offenses in the 1980's; in
June it released and deported to Iran on the completion of
their sentences, 2 individuals convicted of security offenses
in 1988; and in December the Amir pardoned and released another
6 to 8 convicted criminals. Government sources have indicated
that nearly all of the prisoners convicted for nonviolent
antiregime activity in the 1980's have been released by amnesty
or upon completion of their sentences.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The law empowers the Ministry of Interior to authorize entry
into private premises without specific judicial authorization.
The authorities monitor some domestic and international
telephone calls and correspondence. 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," citizens are not generally free to express
public opposition to the Al-Khalifa regime in speech or
writing. The Government does not permit political meetings and
monitors gatherings that might take on a political tone. The
security forces sometimes disperse such meetings. The
Government prohibits press criticism of personalities in the
ruling family and on certain sensitive subjects, such as the
Hawar Islands dispute with Qatar.
The local press is free to report and comment on international
issues. Discussion of local economic and commercial issues is
also relatively unrestricted. In practice there are few
restrictions on the discussion of political and economic issues
in private settings, provided such discussions do not become
public.
The Information Ministry exercises sweeping control over all
local media. Bahrain's privately owned newspapers routinely
exercise self-censorship of stories on sensitive topics. In
1994 the Government prohibited a local editorial columnist from
publishing for 1 month following his criticism of government
policy during the Yemeni civil war.
The Government does not condone unfavorable coverage of its
domestic policies by the international media and has
occasionally revoked the press credentials of offending foreign
journalists. Since the Ministry also sponsors foreign
journalists' residence permits, this action can lead to
deportation. The Government deported a correspondent of the
British Broadcasting Company (BBC) in December for covering the
civil disturbances in a manner unfavorable to the Government.
In addition, Reuter withdrew its correspondent in April and did
not replace him after the Ministry of Information indicated
that his residence permit would not be renewed. Other
international news services have frequently complained of
government restrictions. Several news services have departed
Bahrain and established offices elsewhere in the region.
The State owns and operates all radio and television stations.
The Government does not interfere with radio and television
broadcasts from neighboring countries and from Egypt, nor does
it interfere with the English-language news from the British
Broadcasting Company and Cable News Network. Many senior
government officials, ruling family members, and well-to-do
citizens receive international television broacasts via
satellite receiving dishes. The Ministry of Information
closely controls access to these and the importation or
installation of them without government approval is illegal.
In October the Ministry established a 13-channel subscription
cable network and announced plans to add an additional 7
channels by the end of the year.
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 public discussions critical of the Government
are highly infrequent.
b. Freedom of Peaceful Assembly and Association
Despite the Constitution's affirmation of the right of free
assembly, the Government prohibits public political
demonstrations and meetings. Religious gatherings that may
take on political overtones are strictly controlled. In
January and March security forces dispersed Shi'a Muslim
gatherings commemorating the death of Iranian Grand Ayatollah
Golpayegani at the Al-Mu'min mosque in Manama and closed the
mosque temporarily, ostensibly on the grounds that the
gatherings had become political and confrontational.
In July and September, security forces used tear gas to break
up large, Shi'a-led demonstrations at the Ministry of Labor and
Social Affairs. After each of these incidents, suspected
leaders and active participants were briefly detained for
questioning, usually on grounds of participating in or inciting
violence. All were later released without charge.
The Government prohibits political organizations. Some
professional societies and social and sports clubs have
traditionally served as fora for discreet political discussion,
but these are restricted by law from engaging in political
activity. Only the Bar Association has been granted an
exemption to the regulation requiring all associations to state
in their constitutions that they will refrain from political
activity. The Bar Association successfully argued that a
lawyer's professional duties may require certain "political"
actions, such as interpreting legislation or participating in a
politically sensitive trial. Since the Gulf War the Government
has been more tolerant of informal discussion of some political
issues, but organized discussions and meetings are still
actively discouraged. The Government requires permits for most
public gatherings, and does not routinely grant permission.
c. Freedom of Religion
The population is overwhelmingly Muslim, and Islam is the state
religion. However, Christians and other non-Muslims, including
Jews, Hindus, and Baha'is, are free 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. Religious tracts of all Islamic sects, cassettes
of sermons delivered by Muslim preachers from other countries,
and publications of other religions are readily available. The
Government discourages proselytizing by non-Muslims and
prohibits anti-Islamic writings. However, it does not
interfere with conversions from Islam to other religions.
Both Sunni and Shi'a sects are subject to governmental control
and monitoring, but the Government does not interfere with
routine 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 citizens permitted to make
pilgrimages to Shi'a shrines and holy sites in Iran and Iraq.
However, in the past, the Government strongly discouraged
religious study in and pilgrimages to Iran. 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
Citizens are free to move within the country and change their
place of residence or work. However, the Government may deny
issuance of passports on political grounds. Under the 1963
Citizenship Law, the Government may reject applications to
obtain or renew passports for "reasonable cause," but the
applicant has the right to appeal such decisions before the
High Civil Court. The Government has also issued "temporary
passports" to individuals whose travel it wishes to control or
whose claim to citizenship is questionable. At least 3 to 5
percent of the indigenous population, mostly Shi'a Muslims of
Iranian origin, do not have passports and cannot readily obtain
them, although they may be issued travel documents as residents
(see Section 5). Noncitizen residents may also obtain
"laissez-passers" or temporary passports. These documents are
valid for 2 years and may be reissued at Bahraini embassies
overseas. "Laissez passer" holders are required to obtain
visas to reenter Bahrain.
In 1994 the Government continued to allow the repatriation of
certain persons who have lived in exile (see Section 1.d.).
The Government does not usually accept refugees. However, it
does not repatriate those refugees who arrive in Bahrain. The
Government has granted some Iranian emigres permission to
remain in Bahrain, but has not granted them citizenship.
During the Yemeni civil war in 1994, the Government accepted
approximately 10 Yemeni casualties for medical treatment.
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 the Government
strictly controls all political activity. Since the
dissolution of the National Assembly in 1975, there have been
no formal democratic political institutions, political parties,
or opposition organizations. The Prime Minister appoints all
members of the Cabinet. About one-third of the Cabinet
ministers are Shi'a, although they do not hold security-related
offices. All other government positions are appointed by the
relevant ministries. The ordinary citizen may attempt to
influence government decisions through submission of written
petitions and informal contact with senior officials.
The Government established a 30-member Consultative Council, or
Majlis Al-Shura, in 1992. The Majlis held its second session
from October 1993 to May 1994, and began its third session in
October. The members of the Majlis are evenly divided between
Sunni and Shi'a and were appointed by the Amir to represent the
major constituent groups, including business, labor, the
professions, and the religious communities. There are no
members of the ruling Al-Khalifa family in the Majlis. The
Chairman is a Shi'a who formerly was Minister of Transport and
Communications.
Although the Majlis has no formal legislative power, it may
draft legislation for the Cabinet and Prime Minister to approve
and is empowered to summon and question Cabinet ministers.
According to the Speaker, the Government responded positively
to about 85 percent of the Majlis's recommendations by
incorporating them into legislation or by taking other
appropriate actions. However, since all Majlis meetings are
closed, little information is available to verify this claim.
In the autumn and winter, 14 prominent religious and secular
figures circulated a petition calling for the return of the
National Assembly or elections for a new assembly. The
petition reportedly has 20,000 signatures but at year's end had
not been formally presented to the Government. The Government
is aware of the petition but has not responded to the
petition's demands or taken any legal action against the
drafters. However, the authorities dismissed a senior employee
of the Ministry of Public Works, Power and Water from his job
after he disobeyed instructions not to circulate the petition
on ministry grounds during workhours.
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 or public
criticism of the Government's human rights policies would face
major obstacles. A number of groups based abroad claim to
report on human rights violations, including the Committee for
the Defense of Human Rights in Bahrain in Damascus, the Bahrain
Freedom Movement in London, and the Bahrain Human Rights
Organization (formerly the Committee for the Defense of
Political Prisoners in Bahrain) in Copenhagen. These groups
are composed of small numbers of emigres and often receive
funding from governments hostile to the Al-Khalifa regime.
The Government has consistently characterized as baseless
charges of torture and denial of access to detainees, but it
has not taken practical steps to refute such charges. The
Government maintains that it is "not opposed" to visits in good
faith by "bona fide human rights organizations," and it has
engaged in dialog with the International Committee of the Red
Cross (ICRC) and Amnesty International (AI). However, by the
end of 1994, there were no substantive visits by ICRC or AI
representatives, despite tentative "invitations" extended by
the Government. In practice, international human rights
organizations have found that operating in Bahrain is difficult.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
Women encounter various forms of discrimination. Islamic law,
or Shari'a, governs some of the social and legal rights of men
and women. Specific rights vary according to the Shi'a or
Sunni interpretation of Islamic law.
While both Shi'a and Sunni women have the right to initiate a
divorce, religious courts may refuse the request. Occasionally
Shi'a women seeking divorce 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; by contrast, Sunni women--in the absence
of a direct male heir--inherit only a portion, with the balance
divided among male relatives 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, although custody usually is awarded to the father
once the children reach those ages. 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 travel abroad without the
permission of a male head of the household. Women are free to
work outside the home, drive cars without escorts, and wear the
clothing of their choice. Many women wear Western dress
outside the home.
Women constitute over 20 percent of the 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. The 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. Except for
a few exempted professions, such as nursing, 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 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 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. There is
virtually no public discussion of the issue. No government
policies explicitly address violence against women. Women's
groups and health care professionals state that spouse abuse is
relatively common. 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.
Foreign women working as domestic servants sometimes report
assault and sexual abuse to local embassies and the police, but
most victims are too intimidated to sue their employers. Those
who do sue appear to be received sympathetically in the courts.
Children
The Government has often stated its commitment to the
protection of children's human rights and welfare within the
country's social and religious framework. The Government
honors this commitment through enforcement of its civil and
criminal laws and an extensive social welfare network.
The status of children is shaped 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. The authorities actively enforce the laws
against prostitution, including child prostitution and
procuring. They deal harshly with violators. In some cases,
the authorities reportedly return children arrested for
prostitution and other crimes to their families rather than
prosecute them, especially for first offenses. The regular
courts hear juvenile cases. Some legal experts have called on
the Government to establish a juvenile court, but other
citizens insist that the protection of children is a religious,
not a secular, function and oppose greater government
involvement. Independent and quasi-governmental organizations
play an active part in protecting 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 Iranian-origin Shi'a, commonly
known as "bidoon" (those without), enjoy less than full
citizenship. Many are second- or third-generation residents
whose ancestors emigrated from Iran. Although they no longer
claim Iranian citizenship, the law does not grant them Bahraini
citizenship. Without citizenship, they are officially unable
to buy land, start businesses, or obtain government loans,
although in practice many do. The Government maintains that
many of those who claim to be "bidoon" are actually citizens of
Iran or other Gulf states who have voluntarily chosen not to
renew their foreign passports.
Those bidoon and Bahrainis who speak Farsi, rather than Arabic,
as their first language, also face significant social and
economic obstacles, including difficulty finding employment.
Religious Minorities
Although there are notable exceptions, the Sunni Muslim
minority enjoys a favored status in Bahrain in comparison with
the Shi'a Muslim majority. Sunnis generally receive preference
for employment in sensitive government positions and in the
managerial ranks of the civil service.
Shi'as are not allowed to hold significant posts in the defense
and internal security forces. However, they 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, lower paid workers in the private
sector tend to be Shi'a because of the larger proportion in
that group--and the much larger absolute number--who are poorly
educated. Social and municipal services in most Shi'a
neighborhoods, particularly in rural villages, are inferior to
those 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 citizens on the basis
of financial need.
People with Disabilities
The law protects the rights of people with disabilities, and a
variety of governmental, quasi-governmental, and religious
institutions are mandated to support and protect disabled
persons. The Regional (Arabian Gulf) Center for the Treatment
of the Blind is headquartered in Bahrain, and a similar center
for the education of deaf children was established in 1994.
Society tends to view people with disabilities as special cases
in need of protection rather than as fully functioning members
of society. Nonetheless, the law requires the Government to
provide vocational training for disabled persons wishing to
work. 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 that 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 Constitution recognizes the right of workers to organize,
but trade unions do not exist, and the Government does not
encourage their establishment. However, labor regulations
allow the formation of elected workers' committees in the
larger Bahraini companies. Worker representation is based on a
system of Joint Labor-Management Consultative Councils (JCC's)
established by ministerial decree. In 1994 four new JCC's were
established in the private sector, including one in a major
hotel. Twelve preexisting JCC's cover 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 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. The JCC-GCBW system represents close to 70 percent of
the island's indigenous industrial workers, although both
government and labor representatives readily admit that
nonindustrial workers and expatriates are underrepresented by
the system. Expatriate workers, who comprise 67 percent of the
work force, may participate in JCC elections. No expatriate
worker, however, currently sits on the board of the GCBW.
The Labor Law neither prohibits nor guarantees the right to
strike. The 1974 Security Law forbids strikes that are
perceived to be detrimental to the "existing relationship"
between employers and employees or to the economic health of
the state. No major strikes took place in 1994, but
small-scale walkouts and other job actions have occurred, often
with favorable results for the workers.
The GCBW represents workers at the International Labor
Organization and in the Arab Labor Organization, but does not
belong to any international trade union organizations. A
Bahraini Ministry of Labor official currently chairs the
governing body of the Arab Labor Organization.
b. The Right to Organize and Bargain Collectively
As in the case of strikes, the Labor Law neither prohibits nor
guarantees the right to organize and bargain collectively. The
GCBW represents workers' interests in tripartite negotiations
with management and government representatives. While the
JCC's are empowered to discuss labor disputes, organize
workers' services, and discuss wages, working conditions, and
productivity, the workers have no independent, recognized
vehicle to represent their interests in these or other labor
issues. JCC's 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 1993 stiffened the maximum fines and mandated
imprisonment for certain violations. The press often performs
an ombudsman function on labor problems, reporting instances in
which private sector employers compelled foreign workers from
developing nations to perform work not specified in their
contracts and other abuses, as well as Ministry of Labor
responses. The press regularly reports the results of labor
cases brought before the courts. In September Bahraini courts
awarded three Filipino domestic workers back pay and damages in
cases against their employers.
Once a complaint has been lodged by a worker, the Labor
Ministry opens an investigation and often takes remedial
action. Although the Ministry takes such cases seriously,
abuses undoubtedly go unreported, particularly those involving
domestic workers and others working illegally in Bahrain. The
Labor Law stipulates that any Bahraini found guilty of
illegally sponsoring foreign workers may be sentenced to 6
months in prison for each worker. However, the Government's
efforts to deport illegally sponsored workers make these
domestic workers reluctant to bring cases of abuse to the
courts. The intense fear of deportation almost certainly
allows some sponsoring employers to impose abusive conditions,
which approach coerced or bonded labor, on their employees.
d. Minimum Age for Employment of Children
The minimum legal 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. Ministry of Labor inspectors effectively
enforce child labor laws 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 is $237 (91 dinars) a month. Wages
in the private sector are determined on a contract basis. For
foreign workers, employers consider benefits such as paid
annual trips home and housing and education bonuses part of the
salary.
The 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. Complaints brought before the Ministry of Labor and
Social Affairs that cannot be settled through arbitration must,
by law, be referred to the labor 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 employee, and the rulings in
such cases are often published in the local press. Under the
Labor Law, workers have the right to remove themselves from
dangerous work situations without jeopardy to their employment.
The Labor Law stipulates significant fines and jail sentences
for 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. The law
provides equal protection to Bahraini and foreign workers, but
all foreign workers still require sponsorship 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.
The local press has reported instances of foreign workers
denied full wages, days off, vacations, or other guaranteed
conditions of employment, as well as the court rulings or
Ministry of Labor and Social Affairs actions taken in
response. Nonetheless, government attempts to address
individual abuses in these and other cases are often hampered
by the workers' unwillingness to make formal complaints.
The Labor Law favors Bahrainis and Arab expatriates over other
foreign workers in hiring and firing. Because employers
include housing and other allowances in their salary scales,
expatriate workers legally may be paid lower wages than their
Bahraini counterparts, although they sometimes receive the same
or greater total compensation because of home leave and holiday
pay allowances. 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.
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