Appendix: Letter from Human Rights Watch to Minister of Social Development Dr. Fatima Al-Balooshi, May 13, 2013

May 13, 2013

Dr. Fatima Al-Balooshi

Minister of Human Rights and Social Development

Kingdom of Bahrain

Your Excellency,

I am writing to request information regarding the legal restrictions faced by non-governmental organizations (NGOs) in Bahrain. Human Rights Watch has conducted research on this topic during trips to Bahrain in 2011 and in February 2013, when we met with members of civil society and the Ministry of Social Development. On the basis of this research, we are preparing a report that sets out our conclusions and concerns. 

Our findings indicate that your government’s restrictive approach to Bahraini NGOs violate international standards by: arbitrarily rejecting registration applications and imposing intrusive governmental supervision of NGOs; taking over and in some cases dissolving organizations whose leaders have criticized government officials or their policies; and placing substantial limits on the ability of groups to fund raise and receive foreign funding. While the current NGO law guarantees the freedom to establish associations, our findings indicate that in practice the authorities have used the loosely worded provisions of the law to significantly narrow the scope for establishing and operating civic organizations and restrict their capacity to function.

We would appreciate responses from your office to the questions below by May 31, 2013 in order to be able to reflect your government’s perspective in our report and in our public comments when releasing the report. We plan to release the report in Bahrain on June 20, 2013.

The following questions relate to the current Law of Associations, Social and Cultural Clubs, Special Committees Working in the Field of Youth and Sports, and Private Institutions (Law of Associations No. 21/1989)and its implementation in practice by the authorities. 

Denial of Registration

We understand that registration of NGOs is mandatory under the Law of Associations, and that under article 11 an application is considered rejected if the ministry does not respond within 60 days.

Human Rights Watch is aware of other cases where registration was denied on different grounds. The Ministry of Social Development in 2005 refused to register the Bahrain Youth Society for Human Rights (BYSHR). According to the US State Department, the Ministry of Social Development rejected BYSHR’s registration application “allegedly because of its ties to the dissolved Bahrain Center for Human Rights (BCHR) and because some of its members were younger than the 18 [years old].” One of the group’s founders told Human Rights Watch that he was the youngest among the founders and that he was 18 when the group applied for registration.

We understand that applicants are allowed to challenge the ministry’s decision to reject an application at court, but that under article 12 (2) the court reviews officials' compliance with the formalities of registration under the Law of Association and tests whether the officials properly used their authority to deny a registration. We understand that the current Law of Associations does not require authorities to notify NGOs when they reject an application to register.

1. How many NGOs have applied for registration and whose registration has been denied? We would appreciate if you could provide us with a list of the organizations that have attempted to register since the Ministry of Social Development took charge of managing NGOs in 2005 but have been denied permission or ruled ineligible, including specific reasons for the refusal in each case.
2. In cases where NGOs’ registration applications have been denied, and the applicants challenged the denial in court, we would appreciate if you could provide, in each case, the name of the organization, and the courts’ decision on its challenge, or the current status of its challenge before the courts?
3. Have the authorities notified any applicants whose requests to register NGOs were rejected? If so, how many, and did the notifications include a reasoned explanation for the denial or rejection of the application?
4. Have the authorities reconsidered the application of BYSHR to register as an NGO? If so, when, and what was the result? Which member(s) of the group were younger than 18 at the time it initially sought to register?

Prohibited Activities, Imposition of Control and Dissolution

Our findings indicate that registered NGOs are subject to overbroad prohibitions on their activities and are vulnerable to government takeover or arbitrary dissolution. Article 18 of the Law of Associationssays that organizations “may not get involved in politics.” Under articles 23, 47, and 50 of the Law of Associations, the Ministry of Social Development can appoint ministry officials to take over NGOs for up to one year, cancel results of elections, and permanently dissolve or temporarily close organizations if the group is “unable to achieve its aims.” Article 50 says that authorities can dissolve NGOs if they think the NGOs are “unable to achieve the aims [they were] established for... or if they violate the association law, public order and norms.”

For instance, in September 2010, the Ministry of Social Development dissolved the board of directors of the Bahrain Human Rights Society (BHRS) and replaced its president with a ministry official because, according to a ministry statement on September 1, 2010, it was “serving a certain segment of the citizens.” A few days earlier, in a press conference on August 28, the BHRS’s director had criticized the government’s denial of basic rights to detainees arrested in August 2010, and had said that the arrests amounted to “enforced disappearance.”

1. What procedures does the ministry use to determine when an organization’s activities violate article 18 of the Law of Associations? In particular, how does the ministry decide if an organization’s activities are “political?”
2. In each case where NGOs have been found to be unlawfully participating in “politics,” we would appreciate if you could provide the name of the NGO, the specific banned activity it engaged in, the specific penalty that was imposed, and the date.
3. How does the ministry determine if an NGO is “unable to achieve” its “aims” or “objectives,” or violates relevant laws? In each case where the authorities have dissolved an NGO on these bases, please provide the name of the NGO, the prohibited activity it engaged in, whether it was dissolved temporarily or permanently, the duration of the temporary dissolution (where appropriate), and the date it was dissolved.
4. In each case since 2005 where the ministry has appointed ministry officials to take over an NGO’s board, please provide the name of the NGO, the number of board members and directors that the ministry assigned to it, and the justification for taking control of the board.
5. In each case where the ministry has cancelled the results of an NGO’s internal elections, please provide the name of the NGO, the date of the election result that was cancelled, and the reasons for which the ministry cancelled their elections.

Limitations on Fundraising

Our research indicates that while Bahraini laws and regulations do not prohibit fundraising activities, they significantly curtail soliciting and receiving domestic and foreign funds. Article 21 of the Law of Associations prohibits any types of fundraising without written permission from authorities. According to a January 2006 Ministry of Social Development Decree (No. 27) NGOs must inform the ministry how they will collect money, the name and number of the bank account, and how they will spend the funds. If the ministry does not respond favorably within 30 days, the request is considered denied. Under article 9 of the decree, associations must record the name of every donor, eliminating any chance for anonymous donations. Article 14 of the Ministerial Decree grants the ministry power to “confiscate [funds] and distribute [them] to social activities” it favors if it considers the organization in question to have violated conditions laid out by the ministry in the fundraising license.

1. How many fundraising requests has the ministry rejected since 2005? We would appreciate if you could provide us with a list of those organizations whose requests have been denied, including specific reasons for the refusal in each case.
2. Has the ministry imposed any administrative or disciplinary measures on any organization for having received funds from abroad without permission? If so, in each case, please provide the name of the organization, the measures imposed against it, including the amount of funding confiscated or assets frozen, and the reasons for imposing these measures under the law.
3. Has the ministry imposed any administrative or disciplinary measures on any organization for having collected funds from local sources without permission? If so, in each case, please provide the name of the organization, the measures imposed against it, including the amount of funding confiscated or assets frozen, and the reasons for imposing these measures under the law.

Draft Law of Association

On August 12, 2012, the Bahrain News Agency reported that the Council of Ministers had adopted a draft NGO law.

Our research indicates that authorities did not consult civil society organizations ahead of adopting the legislation and that civic organizations were not aware of its adoption until media reported it.  On August 15, 2012 Najwa Janahi, director of NGO affairs in the Ministry of Social Development, claimed that the government had consulted with representatives of civic organizations and experts in 2007. 

We are concerned that the draft law passed by the Council of Ministers in 2012 and submitted to the National Assembly in January 2013 appears more restrictive than the 2007 draft, and in some respect more restrictive than the 1989 law currently in place.

For example, article 2 of the new draft law would allow the authorities to prohibit establishing NGOs for reasons that appear excessively broad and vague, such as “to achieve objectives contrary to the provisions of the constitution or legislation in force in the Kingdom of Bahrain, or the public order and morals, or [if their] activities include engaging in politics.”

Under article 8 the Ministry of Social Development would be able to reject the registration of an NGO if it determines that “[Bahraini] society does not need its services… or if [the NGO was founded] in order to revive another NGO that was dissolved or merged into another organization.”

Other restrictions in the draft law appear unduly restrictive and in some cases to lack any clear relationship to reasonable oversight requirements. For instance, article 6 would require an organization seeking to register to have a “two-year operational budget” and to provide evidence that it has a physical office.

According to article 7 a member of one NGO would not be able to join another NGO if the two organizations “conduct similar activities, unless approved by the minister.” Under article 88 of the draft law NGOs would also need prior permission from “the minister [of social development] and relevant authorities” to invite foreigners to visit Bahrain for activities such as conferences and forums.

Under article 17 NGOs would be able to accept donations and raise funds only after receiving “written permission” from the Ministry of Social Development and in accordance with the executive regulations of the law.

Finally, article 58 would allow the ministry to close any organization that it determines to have committed violations, and to seek its permanent dissolution within 60 days by administrative court order. The article also says that the “order shall be implemented by force if necessary.”

1. What are the specific steps the ministry took in order to consult with stakeholders, especially civil society organizations, before adopting the draft law of associations?
2. What are the criteria that the government would use to determine whether an NGO’s proposed activities are against “public order and morals” or would constitute engaging in politics, such that the NGO’s request to register would be denied under article 2?
3. What are the criteria that the government would use to determine that an NGO’s services are not needed by Bahraini society such that the NGO’s request to register would be denied under article 8?
4. Please explain the rationale or need for the following provisions: 
1. The provision of article 8 that would deny registration to an NGO that the government deems to have been dissolved or that merged into another NGO?
2.  The provision of article 6 that would prohibit a member of one NGO from joining another NGO that conducts similar activities, without prior approval?
3. The provision of article 88 requiring prior approval for NGOs to invite foreigners to events?
5. Article 17 of the draft law says that NGOs would be able to raise funds after receiving “written permission” from your ministry and in accordance with executive regulations. Can you tell us whether or not Decree No. 27 of 2006 will remain in force if the draft law is approved by the parliament and signed into law by the King?
6. What due process guarantees, if any, do NGOs have if the minister decides to close them?  Can they, for example, challenge such a ministerial decision and continue operating, prior to being closed for up to 60 days before the minister needs to seek a court order for their permanent dissolution under article 58?

In order to be able to reflect your responses in our report, we look forward to receiving them by May 31, 2013. We also reiterate our interest in arranging a meeting to discuss these issues in person.

Thank you for your consideration.

Sincerely,

Sarah Leah Whitson

Executive Director

Middle East and North Africa Division

Human Rights Watch