II. Civil Society Organizations

Civil society organizations have to report every idea, thought, and activity to authorities....  All these hinder the abilities of the societies. There is a huge attack on civil associations in Bahrain.

—Rula al-Saffar, president of the Bahrain Nursing Society, August 8, 2012.[5]

Civic engagement and political activism in Bahrain predate independence from British rule in 1971. For the past several decades, social, cultural, and sports clubs, as well as civil and professional organizations, have played important roles in shaping political debate in the country.  Given the prohibition on political groups until 2001, NGOs oftenserved as forums for discussing social, economic, and political issues.[6]

In 1989, the government issued by decree the 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).  The law, among other things, prohibits civil society organizations from “engaging in politics.”[7] In 2002, King Hamad bin Isa Al Khalifa amended the law to also prohibit activities that could affect “the foundations of the Islamic faith or the unity of the people or stirs discord or sectarianism.”[8]

The authorities use the law, in the words of one Bahraini activist, “to interfere, restrict, and attempt to control the activities of civic organizations.”[9]

Authorities have used this law to clamp down on organizations arbitrarily, especially targeting those involved in peaceful dissent, or which have supported political opposition groups. In 2011, authorities invoked the Law of Associations to dissolve, take over, or suspend organizations that supported pro-democracy demonstrations that swept the country in February and March that year. In April 2011, the Ministry of Social Development dissolved the Bahrain Teachers’ Society and replaced the board of the Bahrain Medical Society. Both organizations had supported demonstrators’ demands for greater political rights. 

Authorities freely used the provisions of the law against civil society organizations in earlier periods as well. In January 1998, for example, the government reacted swiftly when the Bahrain Lawyers’ Society (BLS) held a seminar in which speakers criticized the government.[10] The Ministry of Labor and Social Development, then in charge of civil groups, suspended its board of directors because it had allegedly “engaged in political activities.”[11] The society successfully appealed the decision at an administrative court.  

In September 2004, the government dissolved the Bahrain Center for Human Rights after its then-president, Abd al-Hadi al-Khawaja, criticized the prime minister for his economic policies, alleged corruption, and human rights abuses.[12] A court convicted al-Khawaja of “inciting hatred against the regime.”[13]

In August 2007, the Ministry of Social Development threatened legal action against the Bahrain Women’s Association after the organization invited women rights activists to Bahrain without getting prior permission from the ministry.[14]

In August 2010, the ministry threatened to shut down a women’s shelter managed by the Bahrain Migrant Workers Protection Society (MWPS) following an incident in which a migrant domestic worker fled to the shelter from the home of a high ministry official, claiming she had been abused. The ministry claimed that the society had not registered the shelter. The head of MWPS responded with a copy of the government's 2005 authorization of the shelter, and noted that in previous years the ministry itself had donated funds to support the shelter.[15]

This chapter examines three main areas regarding restrictions on freedom of association and suppression of civil society in Bahrain:

• Arbitrary rejection of registration applications and intrusive governmental supervision of NGOs;
• Takeover and in some cases dissolution of organizations whose leaders have criticized government officials or their policies;
• Considerable limits placed on the ability of groups to fund raise and receive foreign funding.

In each of these three areas the report examines current applicable law, the provisions of the draft law under consideration that relate to the issue, and applicable international standards. Case studies illustrate how authorities have used the law to harass and, in some cases, outlaw civic groups that have been critical of the government or its policies.

Freedom of Association/Civil Society Repression

International

The right to freedom of association is well established under the International Covenant on Civil and Political Rights (ICCPR), to which Bahrain is party.  Article 22 of the ICCPR states: “Everyone shall have the right to freedom of association with others.”[16] As such, it is “not something that must first be granted by the government to citizens.”[17] The ICCPR does allow for some narrow restrictions on the right to freedom of association but subjects these to a rigorous test, as defined by the ICCPR in article 22 (2). 

No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.

The term “national security” refers to “a political or military threat to the entire nation or that disseminates propaganda for war.” “Public safety” refers to threats to “the security of persons (i.e., their lives, physical integrity or health).”[18]    

Professor Manfred Nowak, in his authoritative commentary on the ICCPR, wrote that while article 22 protects associations, states may require a licensing system, including a registration duty.[19] Any restriction done for a legitimate reason must still be “proportional and be oriented along the basic democratic values of pluralism, tolerance, broad-mindedness and peoples' sovereignty.”[20]

Bahrain has also ratified the Arab League’s Arab Charter for Human Rights, which affirms that citizens have the right to “freely form and join associations with others.”[21]

Bahraini Law

Article 27 of Bahrain’s 2002 Constitution guarantees the freedom to establish associations and unions “under the rules and conditions laid down by law,” provided their objectives are lawful and carried out by peaceful means and do not infringe on “the fundamentals of religion and public order.”[22]

In practice, Bahraini authorities have used loosely worded provisions of the current Law of Associations and other laws to significantly narrow the scope for establishing and operating political and civic associations and restrict their capacity to function. For example, article 18 of the 1989 Law of Associations says that organizations “may not get involved in politics” and article 50 says that authorities can dissolve NGOs if they think the NGOs are “unable to achieve the objectives [they were] established for... or if they violate the association law, public order and norms.” Thus the law provides numerous ways for authorities to interfere arbitrarily with NGO affairs and shut them down.

The law requires that all civil society groups, even informal ones, register with authorities. Article 89 of the 1989 law stipulates a fine of 500 Bahraini Dinars (US$1,320) and/or six months' imprisonment for establishing and operating an unregistered organization.[23]

Article 163 of Bahrain’s penal code also criminalizes membership in unlicensed organizations in Bahrain or in organizations outside of the country.[24] In November 2010, King Hamad bin Isa Al Khalifa signed an amendment to article 89 of the 1989 law specifying penalties of up to one year in prison and/or a fine of up to 1,000 Bahraini Dinars ($2,640) for anyone who publishes or broadcasts anything on behalf of an organization operating without a license.[25]  

In 2007, the Ministry of Social Development, which since 2005 has been in charge of implementing the Law of Associations and overseeing civil society groups’ affairs, announced plans to replace the 1989 Law of Associations.[26] In April 2007, Minister of Social Development Fatima al-Balooshi said the legislation “will be passed within months.”[27]Al-Wasat, Bahrain’s only independent daily, published the draft law in September 2009.[28] Authorities after 2007 did not provide updates on the status of the draft until August 2011, at which time al-Balooshi said the government was “preparing a final version of the new draft law for private organizations after inserting draft amendments.”[29]

In May 2012, Human Rights Watch wrote to the ministry requesting a copy of the draft law, and sent further requests for a copy of the law after it was reportedly submitted to the Chamber of Deputies. The ministry did not respond.[30]  

On August 12, 2012, the Bahrain News Agency reported that the Council of Ministers had adopted a draft Law of Associations.[31] The process had no transparency whatsoever. Local organizations told Human Rights Watch that authorities did not consult them ahead of passing the legislation and that they were not aware of its adoption until media reported it.[32] On August 15, 2012, Najwa Janahi, director of NGO affairs in the ministry, claimed that the government had consulted representatives of civic organizations and experts in 2007, although the 2012 draft bore little resemblance to the draft of 2007 and is in some respects more restrictive than the current 1989 law.[33]

During its visit to Bahrain in February 2013, Human Rights Watch obtained a copy of the draft law adopted by the government and submitted to the Chamber of Deputies.[34]

The following analysis of the most problematic restrictions on NGOs is based on the Draft Law of Associations that Human Rights Watch obtained in February 2013. 

Registering and Supervising NGOs

Current Law

Law 21/1989 authorizes Bahraini authorities to control civil society groups via the registration process and strictly supervise their activities. All organizations must register with authorities prior to undertaking activities.

The Ministry of Social Development is responsible for registering all organizations except “cultural and artistic associations,” which the Ministry of Information supervises.[35] Under the current law, the General Organization for Youth and Sports is responsible for registering and managing “youth and sports … clubs.”[36]

The government provides funds for NGO activities that the Ministry of Social Development approves.[37] Once they do register, NGOs are subject to intense official scrutiny and, if critical of government officials and policies, are targets of official harassment. The ministry can rescind an NGO’s status at any time. 

The authorities take advantage of the fact that Law 21/1989 contains broadly worded provisions that allow them to deny an organization’s request to register if, for example, authorities determine that “society does not need its services or if there are other associations that fulfill the society’s need.”[38]

To start the registration process, the applicant has to submit information about the organization’s founders (at least 10 persons under the 1989 law); its purpose and geographic area of activities; its sources of income and internal auditing procedures; conditions for accepting and dismissing members; and its mechanism to elect board members and dissolve the organization.[39] 

The application is considered rejected if the ministry does not respond within 60 days.[40]

The applicant can appeal a registration denial to the minister of social development and subsequently to the High Civil Court. 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.[41]

The 1989 law also grants government officials the power to monitor and intervene in the activities and management of recognized NGOs. For example, the Ministry of Social Development can decide to merge organizations that it concludes work to “achieve similar aims.”[42] Civil society organizations must notify authorities 15 days before holding general assembly meetings, which authorities can attend.[43] They must also inform authorities of any decision that the board takes within 15 days of the meeting.[44]

The ministry can also overturn NGO decisions if authorities consider that they violate the NGO’s bylaws “or public order and norms.” [45] The law requires NGOs to get permission to organize any fundraising events, and specifies that a group submit bank account information to authorities, who can freeze a group’s funds and accounts. [46] Authorities can request that an organization provide any and all records, documents, and correspondence. [47]

Draft Law

The August 2012 Draft Law of Associations (Draft Law on Civil Organizations and Institutions) that the government submitted to the National Assembly in January 2013 removed most of the improved features of the 2007 draft law and maintained many highly restrictive features of the existing law regarding NGO registration and ministry control over the affairs of civil society organizations. Some provisions of the new law are even more burdensome than the current law.

For example, article 2 of the draft law would add a new provision that would prohibit establishing NGOs on “a factional or sectarian basis or 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.”[48]

Professor Manfred Nowak, in his commentary on the ICCPR, wrote that “the principles of equality and the prohibition of discrimination runs like a red thread throughout the [ICCPR].” Article 26 of the ICCPR, he wrote, guarantees “equal protection of the law, as well as a general prohibition of discrimination,”[49] adding that “the freedom to proclaim political beliefs is principally ensured by the political freedoms in [articles] 19, 20, 21 [and 25 of the ICCPR].”

The language of article 2 of the 2012 draft law is overly broad and the words ‘factional or sectarian basis’ would appear to allow the discriminatory prohibition of NGOs specifically on their political or religious beliefs.

The Ministry of Social Development can 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.”[50]

The 2012 draft law increases the required number of founding members from 10 to 15.[51] The draft legislation requires that an organization seeking to register has a “two year operational budget” and to provide evidence that it has a physical office.[52]

As in the present law, an organization’s application is considered rejected if the ministry does not expressly approve it within 60 days.[53] The applicant can appeal a denial to a ministerial committee, appointed by the minister, which should review the appeal within 60 days of receiving it.[54] The appeal is considered denied if the committee does not respond within 60 days.[55] The applicant can then appeal the ministerial committee’s denial to the administrative court within 60 days of learning about the denial.[56]

The draft law also prohibits a member of one NGO from joining another NGO if the two organizations “conduct similar activities, unless approved by the minister.”[57]

Nongovernmental organizations must notify authorities 15 days before holding general assembly meetings, which authorities can attend.[58] Organizations must also inform authorities of any decision that the board takes within 10 days of the meeting, as opposed to 15 days under the current law.[59]

Under the draft law the ministry retains authority to merge NGOs “if they work to achieve similar objectives … or to modify their purposes depending on the needs of the society… or for other reasons.”[60] The ministry’s approval is needed if an organization wants to affiliate or collaborate with an organization outside Bahrain; in this case approval is automatic if the ministry does not object within 90 days of receiving notification.[61] 

Under article 88 of the draft law NGOs 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.[62] Article 87 (9) stipulates a fine of 1,000 Bahraini Dinars (US$2,640) and/or imprisonment for violating article 88.[63]

Recommended Standards

The Guidelines for Laws Affecting Civic Organizations, a handbook published by the Open Society Institute in cooperation with the International Center for Not-for-Profit Law (ICNL), recommends that laws governing the right of association “should be written and administered so that it is quick, easy, and inexpensive to establish a civic organization as a legal person.”[64]

Laws regarding establishment of NGOs should set short time frames for authorities to review an application “e.g., a maximum of 60 days,” and failure to do so “should result in presumptive approval.”[65]  Aspiring NGOs should not be required to prove that they are able to accomplish stated objectives.[66] The ICNL also recommends that NGOs should be permitted to “embrace all activities” that “would be legal if engaged in by any individual,” including politics.[67]

In any case in which the state authority rejects an application, the ICNL says, “the responsible state agency should be required to provide a detailed written statement of reasons for refusal” and “an opportunity to correct any defects in the application,” and the refusal should be “appealable to an independent court.”[68]

The ICNL recommends that only organizations that have “significant public benefit activities or [operate] with substantial public support” be required to file annual financial and activities reports with a regulatory body, provided that the latter “protect(s) the legitimate privacy interests of donors and recipients of benefits as well as the protection of confidential or proprietary information.”[69]

While the ICNL acknowledges that it may be reasonable for a regulatory body to examine records and activities of organizations “during ordinary business hours, with adequate advance notice,” it argues that those powers should not be used to “inhibit the freedom of association of the individuals” or harass the organization.[70]  

The ICNL recommends that authorities set “clear rules” to allow “but not compel” NGOs to merge, split, or modify themselves. However, it states that authorities could set conditions on the ability of NGOs to merge with “for-profit entities.”[71]

The Ministry of Social Development’s restrictive approach to Bahraini NGOs goes well beyond what international standards stipulate, as the following case studies illustrate. As one US State Department report noted, Bahraini civil society activists have complained that the ministry has “routinely exploited its oversight role to stymie the activities of NGOs and other civil society organizations.”[72]

Case Studies

The 1989 Law of Associations now in force does not require authorities to notify aspiring NGOs when they reject an application to register. Human Rights Watch is aware of several cases—some of which are detailed below—of authorities refusing to register would-be NGOs that media have reported or that Bahraini activists brought to Human Rights Watch’s attention.[73]

In the first two cases, the Ministry of Social Development in 2005 refused to register the Bahrain Youth Society for Human Rights (BYSHR) and in 2009 rejected the application of the Bahrain al-Nazaha Society. In the case of the Bahrain Human Rights Watch Society, the ministry ordered it to disband a coalition advocating women’s rights.[74] The fourth example looks at the ministry’s attempt to shut down a shelter managed by the Migrant Workers Protection Society.  

1. Bahrain Youth Society for Human Rights

The Bahrain Youth Society for Human Rights (BYSHR), founded by a group of young rights activists, submitted its registration application in March 2005.  According to one founder, Muhammad al-Maskati, the ministry never responded to the request, effectively rejecting the application to operate legally.[75]

The society nevertheless openly carried out activities, including public events and workshops. In February 2007, the ministry filed a complaint with the Public Prosecution, which then filed a case against al-Maskati on charges of “operating an organization without license.”[76] Al-Maskati told Human Rights Watch that the ministry complained because “our work, activities, and cooperation with international rights groups increased.”

I believe this advocacy drew the attention of authorities and they wanted us to stop. The public prosecutor summoned me. During the questioning the officers asked about our work with international rights groups and human rights complaints we had sent to different UN agencies.[77]   

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].”[78] Al-Maskati told Human Rights Watch that he was the youngest among the founders and that he was 18 when the group applied for registration. He agreed that his ties with the BCHR might have been a factor:

I think that they rejected the registration because of me. Before we started BYHRS I was actively involved with the Bahrain Center for Human Rights. When authorities filed the complaint they only targeted me, although there were many others working with BYHRS.[79]

On April 5, 2010, a minor criminal court fined al-Maskati 500 Bahraini Dinars (US$1,320) for operating an unlicensed organization.[80] On December 23, 2010, the Court of Appeal upheld the minor court’s ruling and al-Maskati paid the fine.[81]

The society still monitors human rights violation in Bahrain and publishes news releases and reports. Al-Maskati told Human Rights Watch that authorities continue to harass the group. On October 16, 2012, security forces arrested al-Maskati on charges of participating in “illegal gathering” in Manama a week earlier. He was released on bail the following day. [82]    

2. Bahrain al-Nazaha Society

On November 1, 2009, a group of journalists submitted an application to register the Bahrain al-Nazaha (Integrity) Society. According to its bylaws, the society’s goal was to monitor elections at the municipal and national levels and internal civil society organization elections.

The ministry did not respond within 60 days of receiving the application, effectively rejecting the application. The group appealed to the ministry, which again did not respond within the 60 day period, thus reaffirming its denial of the application.[83]  Hussain Mansour, one of the founders, told Human Rights Watch that the group had no choice but to resort to courts, “The ministry kept procrastinating and never responded to our letters. It became clear to us that the ministry didn’t want to register our organization.”[84]

On May 13, 2010, the group filed a lawsuit at the High Civil Court appealing the ministry’s denial.  On June 17, 2010, the ministry provided a written statement of the reason for its refusal to register the organization. The letter, signed by Najwa Janahi, director of NGO affairs in the ministry, said implausibly that “among the purposes of this association is achieving social goals, therefor the Ministry of Culture and Information is the specialized authority to register this association.”[85] As noted, the law designates the Ministry of Information as the relevant authority solely for groups pursuing cultural and artistic goals.   

The ministry also told the court that because the association goals included “spreading the culture of integrity,” “supporting the Bahraini 2030 economic vision,” “drafting an integrity code of conduct,” and “monitoring … referendums and elections,”  it  fell outside the social development ministry’s authority and that the founders should therefore seek to register with the Ministry of Information.[86] Mansour told Human Rights Watch that in court ministry officials argued that one of the stated missions of the organization, to “promote the culture of integrity,” meant that it did not fall under the mandate of the social development ministry but rather the Ministry of Information.[87]

On April 26, 2011, the court agreed with the Ministry of Social Development that the “main goal of the association… was spreading the culture of integrity and [drafting] an integrity code of conduct,” and that therefore the founders should seek to register with the Ministry of Information.[88] An appeals court upheld the ruling on June 25, 2012.[89]

Mansour believes there were other reasons for rejecting the application:

Our stated mission included organizing forums and lectures to discuss issues on integrity and combating corruption. I think authorities just did not want to register another rights organization that might challenge or criticize them.[90]

Mansour provided Human Rights Watch with a copy of the Ministry of Social Development’s November 2011 decision to approve the registration of an association that focused on “spreading the culture of human rights” in its mission statement.

“The goal of both organizations was ‘spreading a culture of something’ but I believe the other organization was approved because the founders were pro-government supporters and ours was rejected because we were not considered government supporters,” Mansour said.[91] Mansour said that he did not seek to register the organization with the Ministry of Information.

3. Bahrain Human Rights Watch Society

The Bahrain Human Rights Watch Society (BHRWS) was established in December 2004 by Faisal Fulad, then a member of the Shura Council, and 12 0thers.[92] The organization worked on several campaigns on migrant labor rights and frequently took positions on other human rights issues supporting the government. The group’s first problem with authorities came after it established, along with the National Coalition to Stop Violence Against Women, the Respect Movement, in December 2005 to urge the government to draft a codified family law and protect domestic workers against abuse. The Ministry of Social Development effectively disbanded the coalition in July 2006 by requiring that the coalition register as an NGO. Following the ministry’s obstruction the BHRWS operated the campaign alone.[93]

4. Migrant Workers Protection Society

The Migrant Workers Protection Society (MWPS) was established in February 2005 to “educate the community about issues [facing] migrant workers” and “assist and protect the migrant workers.”[94] The organization established a shelter in April 2005 for runaway female domestic workers.[95]

In August 2010, the Ministry of Social Development informed the MWPS that the society's shelter was not legally registered and must close. This followed an incident in which a migrant domestic worker fled to the shelter from the home of a high ministry official, claiming she had been abused.

The society successfully contested the ministry’s effort to shut the shelter by providing a copy of the government's 2005 authorization of the shelter and noting that in previous years the ministry had donated funds to support the shelter.[96]

Takeover and Dissolution of NGOs

Civil society organizations that manage to register in Bahrain remain vulnerable to government takeover or arbitrary dissolution for violating such vague prohibitions as “engaging in politics” or—in the case of one organization—“serving [only] a certain segment of the society.” Faced with arbitrary enforcement of vaguely worded laws, it is often simply a matter of time before groups that criticize government policies find themselves targeted by the authorities.

Current Law

Under the 1989 Law of Associations, the Ministry of Social Development can dismiss the officers and dissolve the board of directors of a group, and appoint ministry officials to run the group for up to one year.[97] In addition, the ministry can cancel results of elections for officers and boards of directors if authorities consider that the election violated the association’s bylaws or the Law of Associations.[98]Article 50 enables the ministry to permanently dissolve or temporarily close organizations if the group is “unable to achieve its aims,” or violates “the law, public order and norms.”[99]

Draft Law

Under article 20 of the 2012 Law of Associations, the Minister of Social Development can take over a group in vaguely specified or trivial circumstances.[100] The minister can then appoint an “ad-hoc committee composed of members of the federation to which the civic organization belongs” or a director or interim board of the minister’s choice.[101] The draft law stipulates that the assigned administrator obtain the ministry’s approval to call for an election “at least a month” before his or her assignment ends. 

The draft legislation improves upon this element of the current law by giving the NGO a chance to correct alleged violations of the law and ministerial regulations.[102] The ministry however decides which violations are correctable and sets a time limit to correct them. 

Under the draft legislation the Ministry of Social Development retains the authority to close any organization and then, within 60 days, seek its permanent dissolution by administrative court order if it determines that the organization committed violations. These violations include being “unable to achieve the purposes it was established for… or exceeded those purposes … or provided its services on factional, sectarian, or racial basis,” or if the organization violates the Law of Associations.[103]

The draft law says that the minister’s decision takes effect as soon as “a registered written order” reaches the NGO. It also says that the “order shall be implemented by force if necessary.”[104] The NGO has 15 days to appeal a closure order to an administrative court.[105] 

Recommended Standards

The International Center for Not-for-Profit Law (ICNL), which provides information on international legal standards for civic organizations, says that granting the power to ministries and state agencies to dissolve NGOs will have a “chilling effect on the independence and activities of civic organizations” and recommends that the law provide other penalties—for example, fines specific to different types of violations.[106] 

According to the ICNL, termination and dissolution of an NGO should be “the last resort” and “only for the most serious and blatant violations, and then, except in cases involving the most urgent threat of irreparable harm, only after the civic organization has been given an opportunity to correct its behavior and challenge the allegations.” The ICNL also recommends that any decision to dissolve an organization should not be implemented until “the appeal is completed or the time for appeal has lapsed.”[107]  

The ICNL’s view is that civil society organizations “are key participants in framing and debating issues of public policy” and they have the right to freely express their views on “state actions, and policies … to criticize (or praise) state officials and candidates for political office.”[108] This recommendation stands in contrast to the broadly worded prohibition in Bahrain’s current and draft associations laws against any “involvement in politics.”

Case Studies

The following cases illustrate how authorities have used provisions of the 1989 Law of Associations to harass and in some cases close down groups critical of the government or its policies. Such actions have resulted in some groups ceasing to exist, while others continue to work in the shadows, vulnerable to harassment and possible prosecution. 

These experiences also illustrate the authorities’ arbitrary and inconsistent interpretation of the term “involvement in politics.” It appears that when groups support the government and its policies, authorities welcome their expression of political views while groups critical of the government face serious consequences.

1. Bahrain Human Rights Society

The Bahrain Human Rights Society (BHRS) was registered in May 2001, with a stated mission to use “peaceful and legal means to promote human rights” and “achieve dignity, justice and equality.”[109]

In August 2010, two months ahead of Chamber of Deputies and municipal elections, authorities arrested leading opposition activists and charged 25 of them (including two in absentia) on charges such as attempting to change the political system—considered a terrorism charge. Those detained were denied access to lawyers and family visits and alleged they had been subjected to torture during interrogation. [110]

On August 28, Abdulla al-Derazi, then secretary general of BHRS,  held a press conference  in which he talked about denial of basic rights of detainees—including access to lawyers and family members and right to a fair trial—and said that the arrests amounted to “enforced disappearance.”[111]

On September 1, 2010, the Ministry of Social Development accused the BHRS of supporting only the country's Shi'a population. “The activities offered by human rights associations”—the statement said, clearly referring to the BHRS—“are confined to serving a certain segment of the citizens.”[112] 

A week later, on September 8, the ministry issued an order dissolving the BHRS board of directors and replacing al-Derazi with a ministry official to run the organization.[113]  In addition to alleging that the society was not acting impartially, the ministry listed what it said were administrative “irregularities,” including failure to call for a general assembly and alleged cooperation with unspecified “illegal entities.”[114]

On September 22, Fatima al-Balooshi, minister of social development, claimed that her order came in response to “illegal activities, particularly secret unlicensed training courses in Bahrain offered to individuals from neighboring states.”[115] Al-Balooshi also accused al-Derazi and BHRS board members of arranging the trainings and contacting the trainees and “hiding the whole issue from specialized authorities.”[116]  Her statement ignored the fact that her ministry had in fact authorized the training course in question, a monitoring workshop for human rights defenders in the Gulf region.[117]

A day after al-Balooshi’s accusation against the BHRS, the Ministry of Interior announced that it had launched an investigation of individuals who had undergone “unlicensed training” through the BHRS and would take legal action against them.[118] The statement did not identify the individuals but said they were considered “persona non grata” in Bahrain.

Al-Derazi replied that the BHRS had complied with all relevant administrative regulations. [119]

In late September 2010, the Ministry  of Social Development filed a lawsuit against the society, seeking a court order forcing al-Derazi and board members to hand over “all funds, records, books and documents” to the ministry official serving as interim director.[120] The society countered by filing a complaint at the high administrative court, arguing that the ministry’s order was taken “without checking with the board members of the society about any irregularities or launching an investigation with the general assembly.” The ministry’s suit “was entirely founded on rumors and hearsay,” the BHRS said.[121]   

On February 9, 2011, just days before street protests rocked the country, the ministry and BHRS reached an agreement in which the society withdrew its complaint and the ministry agreed to appoint a BHRS board member as interim director pending new elections.[122] On July 23, 2011, al-Derazi was re-elected as secretary-general of the society.[123]

2. Bahrain Center for Human Rights

A group of rights activists founded the Bahrain Center for Human Rights (BCHR) in 2002 to promote human rights and document rights violations.  Among the founders was Abd al-Hadi al-Khawaja, who returned to Bahrain in June 2001 after spending 12 years in exile.  

On September 24, 2004, the BCHR organized a forum on poverty and economic rights at al-‘Uruba Club. Al-Khawaja, then BCHR president, criticized Prime Minister Khalifa bin Salman Al Khalifa for his economic policies and alleged corrupt practices and human rights violations. A few days after the event, authorities closed the club and arrested al-Khawaja. Authorities allowed the club to re-open after 28 days.[124] On September 27, the Ministry of Labor and Social Affairs issued an order dissolving the BCHR, saying that it had committed “actions that are inconsistent with the Law of Associations of 1989 and the bylaws of the society,” but not specifying which actions.[125] On November 21, 2004 a minor criminal court convicted al-Khawaja on charges of “inciting hatred against the regime” and sentenced him to one-year imprisonment. Just hours after the court ruling, King Hamad bin Isa Al Khalifa issued a decree pardoning him.[126]

The BCHR challenged the ministry’s decision to dissolve the organization in court, but in February 2005 the High Civil Court confirmed the order. In June 2005, a court of appeal upheld the ruling.[127]

The BCHR has continued to operate, though authorities closed its office, confiscated its funds, and frequently harassed BCHR activists. On September 1, 2010, the pro-government daily Al Watan featured a front-page article alleging that Nabeel Rajab, who became president of BCHR in 2006, and al-Khawaja, who was then a regional protection coordinator for the Dublin-based Frontline organization, were linked to a "terrorist network" responsible for attacking persons and property, as well as plotting to carry out sabotage. [128]  

Attacks against the BCHR intensified after the political unrest of 2011. In May 2012, authorities detained BCHR president Nabeel Rajab for allegedly “insulting” the Interior Ministry and calling for the prime minister’s resignation. At time of writing he was serving a two-year sentence after being convicted on charges of “illegal gathering.” [129]

On December 17, 2012, security forces arrested Sayed Yusuf al-Muhafadha, acting vice-president of the BCHR, on charges of “willfully disseminating false news” after he posted a photo of an injured protester on his Twitter account. He was released on bail on January 17, 2013, and acquitted on March 11.[130]    

3. Bahrain Teachers’ Society

The Bahrain Teachers’ Society (BTS) established in 2001 with a stated mission to advocate for the interests of teachers and defend their rights, has around 1,000 members comprising primary and secondary school teachers as well as university professors.

After five protesters died and hundreds were wounded when security forces responded with lethal force to peaceful demonstrations in mid-February 2011, many civil society organizations, among them the BTS, condemned the attacks.[131] The BTS also expressed concern for the safety of teachers and students in the aftermath of the clashes. Jalila al-Salman, BTS vice president, recalled:

The first day of school after the mid-year break was going to be on February 20. After the incidents of February 14, teachers, students, and people were scared. Many people contacted us asking whether or not it was safe to go or send their children to school. We contacted the minister of education asking him to delay school, but he refused.[132]

On February 20, the BTS joined a general strike called for by the General Federation of Bahrain Trade Unions (GFBTU), which represents more than 70 trade unions in Bahrain, demanding that authorities withdraw security forces from streets and allow for peaceful demonstrations.[133]

As reports of assaults against protesting teachers and students circulated in late February, the BTS on March 2 called on Minister of Education Majid bin Ali al-Nuaimi to resign because of what BTS called “an aggressive campaign” targeting students and teachers.[134]

On March 11, as clashes between protesters and pro-government groups intensified, the society called on teachers to join a second GFBTU strike scheduled for March 13.[135] On March 12 Al-Mustaqleen (Independents), a pro-government parliamentary faction, called on the government “to investigate the Bahrain Teachers’ Society … and take legal measures to dissolve it … because [BTS] is responsible for politicizing the educational process and spreading chaos and sectarian hatred within schools.”[136]   

On April 17, 2011, Abdulla al-Mtaw’a, under-secretary of the Ministry of Education, said on state-run Bahrain TV, “God afflicted us with a plague called the Bahrain Teachers’ Society which has bet against the education process.” He vowed to prosecute teachers and students who participated in the demonstrations.[137] 

Beginning on March 14, 2011, Bahraini military and security forces arrested thousands of demonstrators and protest supporters, including BTS leaders and members. On March 23, the minister of education said the government would take legal action against the BTS:

The society adopted political stances ... and it became an integral branch of a political [party] ... it has irregularities and we have called on the ministry [of social development] to review the registration of the society… We will also file a complaint with the Office of the Public Prosecution. [138]

On March 29, security forces arrested BTS Vice-President Jalila al-Salman in a pre-dawn raid on her home.[139] Regarding her interrogation, al-Salman told Human Rights Watch:

I was asked questions such as: “Why did you issue statements? What is your relationship with Iran? You want to break down the education [system]?”[140]

Security forces apprehended BTS President Mahdi Abu Deeb in a pre-dawn raid on the house of a relative on April 6. The same day the Ministry of Social Development dissolved the BTS, saying it had:

Issued inciting statements and speeches… to hold strikes… in addition to exploiting school students at all levels and spreading the concept of demonstration and creating chaos  … [Abu Deeb] gave a number of inciting speeches… which took on a political nature against the state system and deviated from the goals of the society.[141] 

Seven BTS board members were also arrested but subsequently acquitted of charges that they had also incited crimes.[142]

Abu Deeb and al-Salman each faced 12 charges, including two under provisions of the Law of Associations: “involvement in politics” (article 18), and failure to “work in line with the purpose of the association…. [and] spending assets of the association on activities that do not achieve the purpose of the association” (article 89[3]).[143]

On September 25, a special military court found Abu Deeb and al-Salman guilty and sentenced Abu Deeb to 10 years in prison and al-Salman to 3 years.[144]On October 21, a civilian court of appeal reduced Abu Deeb’s sentence to five years and al-Salman’s to six months.[145]The court of cassation had yet to review the verdict at time of writing. 

4. Bahrain Nursing Society

The Bahrain Nursing Society (BNS), a professional association established in 1991 and registered with the Ministry of Social Development, has around 500 members.  Its stated mission is to “defend the rights of nurses and spread the culture of health among the public.”[146] 

In March 2007, the general assembly amended some provisions of its bylaws and sought the approval of the Ministry of Social Development. The society also scheduled its general assembly for July 2007.

On July 3, 2007, an official informed the society that the ministry had “lost” the copy of the amendments and needed a second copy.[147] This was at a time when the society sought the ministry’s approval to delay its board elections from July 1 to July 9, and to apply the proposed amendments which allowed only members with executive experience to nominate themselves to the board.  

On August 27, the ministry said that the BNS could not operate with the new amendments until the ministry approved them and published the approval in the OfficialGazette, the government’s official newspaper. The society did not hold its general assembly meeting until November 14, 2007, which a ministry representative attended, but due to lack of a quorum the meeting adjourned to January 8, 2008.[148]  

On January 8, the BNS general assembly decided to extend the tenure of the board of directors until the next elections. Muhammad al-Fardan from the Ministry of Social Development attended the meeting and “confirmed the legality of the decisions.”[149] 

In June 2008, the society launched a campaign demanding an increase in nurses’ salaries and benefits. According to BNS president Rula al-Saffar, the campaign drew the unwanted attention of authorities: 

The campaign was something new and authorities were not happy with it. In the past, associations used to be shy to speak out about many issues that affected their members, but we came and peacefully demanded more rights for our members. Then authorities froze the bank account of the society and they either tried to discourage or scare nurses to abandon the campaign and encourage others to sue us.[150] 

In July 2008, the Ministry of Social Development announced that BNS board of directors was “illegitimate” because the organization had failed to notify authorities about its general assembly meeting in January 2008 and had not “presented a record of its activities and [a copy of] its bylaws to the ministry.” [151] Ibrahim al-Dimistani, the group's vice-president, said the group had “fax” evidence that the ministry had received all relevant documents. [152]

On August 5, the society set August 24 to hold a new election. However, on August 11, the ministry unilaterally replaced al-Saffar with an interim director.[153] BNS board members rejected the appointed director.[154]

In August 2008, the public prosecution charged al-Saffar and al-Dimistani with “insulting and defaming” ministry of health officials, alleging that they had accused the officials of corruption in a newspaper interview. In April 2009, a court acquitted them of the charge.[155]  

Despite the ministry’s objection to the BNS August 2008 general assembly meeting and its dismissal of al-Saffar, the society held elections on August 26, 2008, and re-elected al-Saffar as president.[156]

In early September 2008, the Ministry of Social Development froze the BNS’s bank account, preventing it from accessing its funds. On November 30, the ministry re-appointed the interim director and once again the BNS board refused to work with her. [157] The ministry then again referred the BNS to the Office of the Public Prosecution, alleging the elected board of directors was “illegitimate” and had violated “its bylaws and the Law of Associations.” [158]

The society appealed the ministry’s decision to appoint an interim director and the ministry’s objection to the August 2008 general assembly meeting to the High Civil Court. On October 10, 2010, the court ruled the election legitimate. However the court upheld the appointment of an interim director. [159] In January 2010, according to al-Dimistani, an appeals court upheld the ruling. [160] In April 2012, the Court of Cassation upheld the ruling. [161]    

The next confrontation came several months later. Authorities arrested al-Dimistani on March 17, 2010, after he allegedly provided medical treatment to a person who had been shot and wounded during an anti-government demonstration, accusing him of “hiding and harboring a fugitive.”[162] Muhammad al-Tajir, al-Dimistani’s lawyer, said that authorities did not formally charge him with any crime.[163] On March 23, 2010, a Ministry of Interior official telephoned al-Saffar, ordering her to cancel a party that she had planned to celebrate al-Dimistani’s March 21 release on bail.[164]

A few hours after this phone call, security forces changed the lock on the doors of the BNS office inside the Salmaniya Medical Complex, effectively shutting down the organization.[165] 

In April 2011, security forces again arrested al-Dimistani (April 3) and al-Saffar (April 4). They were among 20 doctors, nurses, and paramedics charged with forcibly taking over the Salmaniya Medical Complex and providing treatment to patients based on sectarian affiliation.[166] Both told Human Rights Watch that they were subjected to torture in detention. “I was handcuffed and blindfolded [and] interrogated for seven days,” al-Saffar told Human Rights Watch.

The interrogations started at 3:30 p.m. and went on until 5 or 6 a.m. the next day. I was electrocuted in my face and my head. They [threatened me, saying], “We are going to rape you.” I was held in a very cold cell. They turned on the air conditioner, which made the cell even colder and I had no blanket. They forced me to stand and sit for long hours on the dirty floor. During the course of my interrogation [the officer] told me, “I have been waiting for you since 2008.”[167]

She and al-Dimistani were released on bail on August 21 and September 7, respectively. On September 23, 2011, a special military court sentenced al-Saffar and al-Dimistani each to 15 years in prison.[168] On June 14, 2012, a civilian court of appeals upheld the convictions of nine doctors and medical personnel, but reduced al-Dimistani’s sentence to three years and overturned al-Saffar’s conviction.[169] On October 1, the Court of Cassation affirmed al-Dimistani’s conviction and his three-year sentence. Security forces took him into custody in an early morning raid on his home the next morning.[170] He remains in detention at the time of writing.  

Despite the January 2010 appeals court ruling in favor of the BNS, the society’s bank account remains frozen by the Ministry of Social Development.[171]

5. Bahrain Medical Society

Other organizations encountered similar problems with authorities in the wake of the February-March 2011 political crisis. On April 6, 2011, the Ministry of Social Development suspended the board of directors of the Bahrain Medical Society (BMS) and appointed an interim manager and board members.[172] The ministry claimed that the society had “depart[ed] from the goals that the society was founded for and engaged in politics.”[173]

The ministry’s decision came in response to statements 0f the BMS and the Bahrain Dental Society during the anti-government demonstrations. On February 17, the two organizations condemned security forces’ excessive use of force and “preventing health workers from providing care to the injured.”[174] Two days later, the organizations jointly criticized a statement of the minister of health asserting that the “number of wounded [on February 18] was only seven minor injuries.” The organizations said that the actual number of casualties that day exceeded 100.[175] 

Under the appointed director, Nabeel al-Ansari, the BMS made a complete volte-face. The new board issued a statement expressing “full allegiance to the nation and [its] leadership” and “deploring the recent incidents and the violations made by BMS’s previous board of directors.”[176]  Al-Ansari called the detained doctors and medical personnel “traitors.”[177]   

On April 13, 2012, a year after the government’s takeover, the BMS held new elections for president and board members. Several candidates withdrew from the election to protest a decision by the appointed board allowing non-Bahraini physicians to vote in the election, which they said enabled the government-supported candidates to win.[178] BMS bylaws specify that only Bahraini nationals can vote in the general assembly.[179] The day before the election, Minister of Social Development Fatima al-Balooshi declared that “the participation of the foreign doctors in the society’s election is their natural right because they are serving this country.”[180]

Dr. Jalal al-Mousawi, a candidate for BMS vice-president, told Human Rights Watch why he withdrew: “We just could not compete in the election because unlike previous elections, we, independents and opposition, suddenly became the minority.”[181]

On May 21, a group of BMS members sought an administrative court order to freeze the elected board and hold a new election.[182] The ministry defended allowing non-Bahrainis to vote in the election, saying that it had launched a “comprehensive review” to determine to what extent Bahrain complies with international human rights treaties, namely the ICCPR. The ministry said it found “an explicit difference between the memberships of citizens and non-citizens, which contradicts with provisions of some treaties that Bahrain has ratified.”[183] The BMS members noted that Bahrain ratified the ICCPR in 2006 but the ministry never previously expressed concern about the BMS’s bylaws.[184] At time of writing the High Civil Court was reviewing the case.[185]

6. Bahrain Lawyers’ Society

The Bahrain Lawyers’ Society (BLS), the official professional body for lawyers in Bahrain, was established in 1977 and today has about 200 members. The society publicly criticized the Ministry of Social Development’s decisions to suspend the board of directors of the Bahrain Human Rights Society in September 2010, to replace the president of Bahrain Nursing Society in August 2008, and to dissolve the Bahrain Center for Human Rights in September 2004.[186]     

Authorities moved against the BLS on two occasions. In 1998, the Ministry of Labor and Social Development, then in charge of civil society groups, suspended its board of directors because it had allegedly “engaged in political activities”—an apparent reference to a seminar that the society had hosted in January 1998.[187] The society appealed the decision and administrative court ruled in favor of the society.   

In an October 26, 2011 letter to the society, the Ministry of Social Development asked for documentation to verify the society’s membership records.[188] On November 30, the minister of social development canceled by decree the board election results of November 26 and reinstated the previous board and president to manage the affairs of the society. Saying that the society “did not comply with legal procedures,” the ministry also froze the society’s bank account, according to the newly elected BLS president Hamid al-Mullah.[189]

Al-Mullah said that the BLS in fact notified the ministry about the November meeting and the election two weeks before they were held. “The ministry refused to accept the notification letter when we tried to deliver it in person,” he said, “so we sent it via registered mail and received delivery confirmation.”[190]

We [didn’t] have all those documents because some of them date back to 1977, when the society was founded. The ministry has been supervising all elections and the society has sent membership lists before every election. They probably have those documents.[191]

On December 25, in response to a Human Rights Watch statement criticizing the action, the ministry claimed that the society had failed to inform the ministry and provide it with an updated list of its members before holding the November 2011 general assembly.[192]

In late 2011, al-Mullah sought a court order to void the ministry’s November 30 appointment of an interim board.[193] Sayed Mohsin al-Alawi, BLS director of culture and media, told Human Rights Watch that after the six-month term of the interim board ended in May 2012, the board elected in November 2011 took charge of the affairs of the society.[194]

According to court records the society argued that as long as a member paid membership fees “even just before holding the general assembly” they could vote and nominate themselves. The High Civil Court disagreed, and on October 24, 2012, ruled in favor of the ministry, saying that “there were violations in regard to some members who had the right to vote and nominate… more than one member paid different membership fees… some of those members had not paid membership fees for more than a year, some more than five years and others 10 years.”[195] The society was appealing the ruling at time of writing.

NGO Funding          

Groups in Bahrain have two main sources of funding: membership fees and government funds for NGO activities that the Ministry of Social Development approves.[196] Sometimes these funds do not cover operations, and some groups have a policy not to accept government funds.[197] As a result, some groups look for alternative sources of income, such as donations by individuals and foreign grants. Bahraini laws and regulations do not prohibit, but do significantly curtail, soliciting and receiving foreign funds.

Current Law

Article 21 of the 1989 Law of Associations says that groups must obtain written permission from a “specialized minister”—in the case of most NGOs, the minister of social development—to undertake fundraising.[198] The law gives the minister the authority to dissolve organizations if they acquire money from, or send money to, a party outside Bahrain without written permission.[199]

In January 2006, Minister of Social Development Fatima al-Balooshi issued Ministerial Decree No. 27 stating that fundraising licenses are valid only for two months, and that the funds sought must be “linked to an activity that will be held at a specified time and date or for a special occasion or to cope with urgent circumstances.” Groups must inform the ministry how they will collect the 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 to be denied.[200] Under article 9 of the decree, associations must record the name of every donor, eliminating any chance for anonymous donations.[201]  Article 14 grants the Ministry of Social Development 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.[202]

Draft Law

The 2012 Draft Law of Associations says that organizations can accept donations and raise funds after receiving “written permission” from the Ministry of Social Development and in accordance with the executive regulations of the law.[203] The draft law permits groups to own property and make investments “to a necessary extent” provided that they are intended to advance the organization’s goals and are not intended for profit. The organizations must inform the ministry about any such investments.[204]

Recommended Standards

Any regulation of NGOs should focus on their conduct, not their source of funds. So long as an organization is engaged in peaceful advocacy, including critical dissent, it should be entitled to do so as a matter of right, regardless of who funds it.[205]  The law should allow for the receipt of donations or contributions from foreign donors as long as all foreign exchange and customs laws are satisfied and make all criteria for restrictions transparent.

The International Center for Non-for-Profit Law suggests that a requirement to secure a license for fundraising “might not be problematic on its own,” but requiring multiple applications constitutes a “burdensome and expensive administrative process.”[206]  It recommends that groups “be permitted to engage in all legally acceptable and culturally appropriate fundraising activities” and that registration should be required only when the fundraising is “through a public solicitation.”[207]

The Open Society Institute’s Guidelines for Laws Affecting Civic Organizations argues that registered NGOs should “be allowed to receive cash or in-kind donations, transfers, or loans from sources outside the country so long as all generally applicable foreign exchange and customs laws are satisfied.”[208]

On September 18, 2012, Bahraini civil society leaders and political activists attended the 21st session of the UN Human Rights Council in Geneva where they held side-events to spotlight Bahrain’s human rights record.

Pro-government media slammed them for “distorting” the image of Bahrain. Al-Watan’s September 23, 2012 edition of Al-Watan included a full-page article with a headline that read: “Al-Watan discloses the list of those who participated in distorting Bahrain’s image in Geneva.” Accompanying the article were photos of 34 of the activists.

“Public demand is growing to hold accountable individuals who participated in distorting Bahrain’s image at the end of Human Rights Council’s session,”the newspaper asserted, citing calls by Shura Council members “reaffirming that anyone who distorts his country’s image is a traitor and does not deserve to carry its citizenship.”