III. Political Societies

In 2005 King Hamad signed the Law for Political Societies (Law No. 26/2005). Political parties remain prohibited but today 20 licensed political societies operate in the country, including Islamist and secular, pro-government, and opposition groups.[209]

This section analyzes the laws that regulate political societies in Bahrain and presents case studies that show how authorities have used these laws to regulate their right to freedom of association, expression, and peaceful assembly. Other laws, such as the Public Gathering Law of 1973 and the Press Law of 2002, also unduly restrict the activities of political societies as they relate to freedom of assembly and expression.   

Legal Standards

International

Article 25 of the International Covenant on Civil and Political Rights (ICCPR) guarantees the right of citizens to participate in public affairs and to vote and run for public office in free elections. The UN Human Rights Committee (HRC), the body of independent experts who review state compliance with the ICCPR, has determined that this article protects the right to “join organizations and associations concerned with political and public affairs,” and that “political parties and membership in parties play a significant role in the conduct of public affairs....”[210]

Bahraini Law

Article 27 of Bahrain’s 2002 Constitution guarantees the freedom to form associations, “under the rules and conditions laid down by law,” provided that their objectives are lawful, carried out by peaceful means, and do not infringe on “the fundamentals of the religion and public order.”[211]

Between 2001 and 2005, political societies registered under the 1989 Law of Associations. This law, as noted earlier, prohibits “engaging in politics,” but authorities waived enforcement of this provision for all political societies.[212]

In 2004, a group of members of parliament proposed a draft law of political societies. The opposition groups, most of which had boycotted the national assembly elections of 2002 after the king had decreed a new constitution without consulting them, demanded to be included in drafting the law. According to Jawad Fairooz, a former Al-Wefaq deputy, the government decided to launch its own draft political societies law before opposition candidates were elected to the Chamber of Deputies and would have a say in drafting the law:

In 2005, authorities realized that the opposition groups were going to participate in the 2006 national elections, so they drafted and passed a number of laws that restrict the ability of political societies to operate, such as the law on political societies, the anti-terrorism law, and the amended law on public gatherings.[213]   

Opposition political societies were critical of several provisions of the law, including the prohibition of receiving “foreign funds or training,” setting the minimum membership age at 21, and granting the Ministry of Justice authority to reject applications for registration.[214] The National Assembly passed the draft law in July 2005 without any input from the opposition societies. King Hamad signed the bill into law on July 23, 2005. On July 29, several thousand people demonstrated to protest the legislation.[215]    

Eventually most opposition groups accepted the political societies’ law. Matar Matar, a former Al-Wefaq deputy, explained his society’s decision:

There was concern that boycotting the law would create tension between the government and the societies, and worse the government might use [a boycott] as a justification to crackdown on the societies. For this reason we decided to accept the law.[216]

Some opposition leaders though defied authorities by establishing political societies without seeking registration. For instance, Hassan Mushaima and Abduljalil al-Singace split from Al-Wefaq and established the Haq Movement for Liberty and Democracy (Haq) to protest Al-Wefaq’s decision to abide by the new law and more generally to operate within the confines of the constitution decreed by the king in 2002.[217]

Under the law, a political society must have at least 50 co-founders in order to register. The Ministry of Justice can deny registration by informing the applicants and providing an explanation or by letting the 60-day deadline pass without a response.[218]

According to the law, political societies cannot be based on class, sect, geography, profession, religion, language, race, or sex.[219] This limitation on the themes and interests on which a political group may be based is too sweeping, especially given a government’s duties to uphold equality and minority rights under article 27 of the ICCPR.[220]

In effect, this provision gives authorities grounds to stop citizens from forming a political group that draws its main inspiration from, for example, religion, the advancement of women’s interests, or particular regional interests. Any law on political parties should be drawn so as to allow the state to prohibit political groups only on the grounds that they advocate violence or the overthrow of democracy.[221]

The government provides financial allowances to officially registered political societies. However, several opposition groups told Human Rights Watch that the government halted their financial allowances before as well as after the pro-democracy demonstrations in February and March 2011.[222] 

Human Rights Watch is not aware of any case where authorities denied registration to a political society seeking to register since the law took effect in 2005. Seven opposition societies—Al-Wefaq National Islamic Society, the National Democratic Assembly Society (al-Qawmi), the National Democratic Action Society (Wa’ad), the Unity Democratic Gathering Society (al-Wahdawi), the National Brotherhood Society (al-Akha), the Democratic Progressive Tribune (al-Taqadumi), and the Islamic Action Society (Amal, dissolved in 2012)—were able to register as of May 2013, although society leaders told Human Rights Watch that the process took several months.

The minister of justice can seek a court order to shut down a political society for up to three months if the latter “violates provisions of the constitution, the [political societies] law, or any other law.”[223] The court must rule within 30 days, during which time the society is suspended.[224] The minister can also seek a court ruling to dissolve a political society if the violation is “serious,” a term the law does not define.[225] Under these provisions, authorities can seek the dissolution of any political society at any time, as they did with the Islamic Action Society (Amal) in June 2012. Persons who violate any provision of the law face up to three months imprisonment or fines of up to Bahraini Dinars 500 ($1,320).[226]  

The law prohibits political groups from using public buildings such as schools and religious places for their activities, or from contacting political groups outside Bahrain without prior approval.[227] Political parties may not accept “donations” or “benefit” from a foreign person or entity. 

Opposition groups say the law’s vague language and intense governmental scrutiny impede their ability to operate. According to Jawad Fairooz, a former Al-Wefaq deputy:

Authorities can interpret the provisions the way they like. Now they can say this conversation that I’m having with [Human Rights Watch] has benefited me because [this foreign organization] reports on my issues. So they can say that my group has violated the law.[228]  

Opposition groups allege that authorities enforce the law in a discriminatory manner. One opposition leader who asked not to be named out of concern for his security said that while authorities strictly monitor every move of the opposition, they turn a blind eye to activities of pro-government groups. “They play double standards,” this person said. “They have denied us permits for demonstrations claiming that we used places of worship, but it’s completely fine for pro-government groups,” referring to demonstrations in al-Fatih mosque in 2011.[229]

Restrictions on Political Societies

In August 2010, two months before scheduled national and municipal elections, authorities arrested scores of leaders and activists affiliated with unregistered parties and shut down websites and suspended newsletters of registered political societies.[230] 

By September 2010, security forces had arrested dozens, including 25 opposition activists, whom they charged with plotting to topple the government, a violation of Bahrain's 2006 counterterrorism law. A Human Rights Watch investigation found that most of the charges, including “spreading false information” and “inciting hatred of the government,” were related to their political views and writings.[231]

Restrictions on Peaceful Assembly

On February 14, 2011, tens of thousands of Bahrainis took part in street demonstrations throughout much of the country demanding greater political rights and government reform. Security forces used lethal force to suppress and disperse demonstrators. In mid-March King Hamad declared a three-month state of emergency under which security forces launched a campaign of retribution and arrested thousands who participated in or appeared to support the protests, including leaders of registered political societies. Authorities also again blocked websites of political societies.

On April 7, 2011, authorities shut down for several months the National Democratic Action Society (Wa’ad), a registered political group representing secular and leftist critics of the government.[232]  

Among those arrested were Wa’ad leader Ibrahim Sharif and Shaikh Muhammad Ali al-Mahfoodh, leader of the Islamic Action Society (Amal). On June 22, 2011, a special military court convicted Sharif and 20 others and sentenced them to long prison terms. Sharif was sentenced to five years. In October 2011, a military court sentenced Shaikh al-Mahfoodh to 10 years imprisonment, reduced on appeal to five years.

Human Rights Watch examined trial verdicts and other court documents in those cases and concluded that these defendants were charged and convicted solely of offenses related to speeches they made, meetings they attended, documents found on their computers, and calls they made for peaceful street protests.[233]

The Bahrain Independent Commission of Inquiry (BICI), which King Hamad bin Isa Al Khalifa appointed to investigate the government’s response to pro-democracy demonstrations in February and March 2011, concluded that many detainees—including opposition society leaders and activists—were subjected to torture and coerced into signing confessions, which were used to secure their convictions. The report said “there was a more discernible pattern of mistreatment with regard to … the 14 political leaders,” adding that the ill-treatment was “to obtain statements or confessions incriminating [themselves]” or for “retribution and punishment.” [234] A High Court of Appeal, and later the Court of Cassation, upheld the convictions and sentences against all the political leaders. [235]

Restrictions on the right of legally recognized political societies to exercise the right to peaceful assembly continued in the aftermath of the political turmoil of 2011.

On June 19, 2012, Al-Wefaq leaders requested permission to hold a gathering on June 22 in the al-Bilad al-Qadeem area in Manama. A day before the planned demonstration, the Ministry of Interior denied the request, claiming that it would “disrupt public security and harm the interests of people.” Jawad Fairooz told Human Rights Watch that authorities had previously allowed them to demonstrate in the same area, but that the ministry had rejected four gathering requests from Al-Wefaq that week. “This seems to be a trend towards imposing more restrictions of freedom,” he said.

A ministry statement on June 21 said it had permitted Al-Wefaq to hold “27 rallies [and 20 gatherings] since the beginning of 2012,” suggesting there should be a limit on the number of demonstrations per year.[236]  

Hani al-Shaikh, a member of the National Democratic Action Society political bureau, confirmed that in June 2012 authorities revived the policy of routinely denying permission for political rallies, saying:

Authorities increasingly prevent opposition societies from holding rallies and gatherings. They used to deny permit for areas they consider “vital for the public life” which included some streets. However, they have gradually expanded this definition to include many areas of the capital as well as surrounding villages.[237]

On May 7, 2013, the Chamber of Deputies passed an amendment to the Public Gathering Law to severely limit the right to peaceful public assembly. Under the new amendments, demonstration organizers would have to deposit a security check of up to 20,000 Bahraini Dinars (US$53,000) in order to hold a public gathering and authorities can reject protest permissions for vague terms including demonstrations that  might “ threaten or restrict the freedom of others… and might harm the economic interests if the country.” The new amendments would ban demonstrations near “hospitals, airports, embassies, consulates, economic, and lively places, and places that has security nature.”[238]The new amendment needs approval from the Shura Council and King Hamad’s signature to become law.       

The ICCPR makes clear that restrictions on peaceful demonstrations should be imposed only if found to be “necessary in a democratic society” to safeguard “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.” Any restrictions must also be proportional and non-discriminatory. [239]

Restrictions on Freedom of Expression

Bahrain’s Press Law (Law 47/2002) restricts coverage of topics that might, in the view of authorities, “harm the ruling system, its religion, and [disturb] public decency.”[240] It also prescribes a minimum six months imprisonment for criticizing the king and up to five years for second-time offenders.[241] The law prohibits distributing any publication without receiving written approval from authorities, a provision that authorities have used to ban political societies from publishing in print and on the Internet.[242]

The Penal Code contains other articles that restrict the freedom of expression and information.  For example, article 134 (A) sets a minimum of three months imprisonment and/or fines for anyone who fails to obtain government permission to attend meetings abroad to discuss Bahraini affairs that might “undermine financial confidence in the state” or who “exercises ... activities that are harmful to the national interests.”[243] In November 2008, Interior Minister Rashid bin Abdullah Al Khalifa threatened to prosecute rights activists and opposition figures who had held meetings in Washington, DC.[244]

In September 2010, the Information Affairs Authority (IAA) blocked websites, newsletters, and blogs of at least three opposition political societies. On September 3, the IAA blocked the website of Al-Wefaq.[245] Abdullah Yateem, the general director of press and publications at the authority, said that Al-Wefaq had violated laws and regulations without specifying any provisions that the group had allegedly violated.[246] Al- Wefaq leaders believe that IAA’s decision was related to the group’s plan to launch an audiovisual service on its website in the run-up to elections.[247] Authorities only lifted these sanction on Al-Wefaq in November 2011, after the elections. Opposition newsletters of Al-Wefaq, the Islamic Action Society, and Wa’ad are still banned.

In September 2010, municipal officials ordered Wa’ad Party candidate Munira Fakhro to remove billboards with the slogan “Enough to Corruption,” saying it was “a breach of the law,” although they did not indicate which law. A court ruled on October 4 that the signs did not violate any law, but the government appealed. [248] On October 14, 2010, the Third High Court of Appeal upheld the ruling. [249]

According to Fadhel Abbas, secretary general of the United National Democratic Assembly, a registered opposition political society, authorities were not happy with the content of his group’s monthly newsletter, Al-Badeel. The issue published in July 2010 contained articles discussing alleged corruption in government institutions and sectarian discrimination.[250] Although authorities have not canceled Al-Badeel’s license, Abbas told Human Rights Watch in August 2012 he had no plan to resume publication. “We are sure they will ban it because they will not be happy with the content,” he said.[251]

Since the suppression of street demonstrations beginning in March 2011, authorities have further restricted the right of political societies to freedom of expression. On April 7, 2011, the Bahrain Defense Force suspended the National Democratic Action Society, shut down its offices, and blocked its website “until further notice” after the group posted an article that the BDF charged was “defaming the armed forces and spreading false news that foment sedition and drives wedges among citizens.” [252] The ban was lifted when Wa’ad agreed to participate in the government-sponsored National Dialogue in July 2011. [253]

During the 10-week state of emergency, from March 15 to June 1, 2011, several offices and homes of leaders of political societies were either attacked by unknown assailants or raided by security forces who broke doors, windows, and furniture and confiscated documents and computers. [254] At midnight on March 25, for a second time that month, unknown assailants attacked the house of Wa’ad leader Munira Fakhro in A’ali, south of Manama.  She told a local newspaper:

We heard the sound of two explosions. I and members of my family went to look for the source of the sound and we found that the [assailants] had broken the back door and the window of my house.  They then had thrown the bombs which resulted in damages to the house. [255]  

At the same time government media, including the state-run Bahrain News Agency, and pro-government groups launched a smear campaign labeling leaders of opposition political societies as “traitors” and “pro-Iran.” A banner from of Al-Asala Islamic Group, a pro-government political society, read: “The diseased spots in the body of the nation must be eradicated.” [256] The banner contained pictures of Wa’ad leader Ibrahim Sharif, as well as leaders of unlicensed opposition groups, including Hassan Mushaima, Abduljalil al-Singace, and Abd al-Wahab Hussein. 

The BICI called on the government to relax “censorship and [allow] the opposition greater access to television broadcasts, radio broadcasts and print media.” [257] In January 2012, Al-Wefaq submitted an application to launch a satellite TV channel in Bahrain. [258] Authorities had not responded to the request as of May 2013. [259] In November 2011, Al-Wefaq requested a license to publish a daily newspaper but the official response was not encouraging, “They said we needed to do many things, among them establishing a company with an investment of at least one million dinars ($2,639,000),” Jawad Fairooz said. “Frankly, we don’t have the financial ability to shoulder it.” [260]

On November 6, 2012, the Ministry of Interior summarily revoked the citizenship of the 31 people, including Jawad Fairooz, leaving the majority of those affected stateless.[261]

On April 23, 2013 the Public Prosecution held Fadhel Abbas, secretary general of the United National Democratic Assembly, for 48 hours on charges of “inciting hatred against the regime” in a speech he gave at a press conference on April 20. The Public Prosecution released him on April 25.[262]

Article 19 of the ICCPR protects the “freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.” Any restrictions on this right must be provided by law and strictly necessary to “respect the rights or reputations of others” or “for the protection of national security or of public order or public health and morals.”[263] 

The UN Human Rights Committee (HRC) determined that “all public figures, including those exercising the highest political authority such as heads of state and government, are legitimately subject to criticism and political opposition” and therefore the need for “uninhibited expression” in public debate concerning public figures is very high. It also says that “prohibitions of displays of lack of respect for a religion or other belief system, including blasphemy laws, are incompatible with the Covenant” except in very limited circumstances.[264]

National Dialogue of 2011

In July 2011, in the aftermath of the suppression of pro-democracy protests, the government sponsored what it called a National Dialogue which it said aimed at presenting “the people’s views and demands for further reform.”[265]

Al-Wefaq and the National Democratic Action Society participated but complained about insufficient representation: all opposition groups combined were given only 35 seats out of more than 300 seats.[266]

The national dialogue recommendations submitted to the government included further restrictions on the activities of political societies, such as prohibiting “any activity that might harm the economy and public interest,” “using religion for political gains,” and “discussing sectarian issues.”[267] The government commission assigned to implement the recommendations of the National Dialogue reported that the government has drafted an amendment to the political societies law, but at time of writing the government had not submitted the amendment to the National Assembly.[268]

Disbanding the Islamic Action Society (Amal)

The Islamic Action Society (Amal) was founded in 2002 under the provisions of the Law of Associations. Authorities renewed the society’s license after the Law of Political Societies took effect in 2005. Prior to the widespread suppression of opposition activities in 2011, Amal had about 2,000 members. It traces its roots to the Islamic Front for the Liberation of Bahrain, which had been accused of planning a coup to topple the government in 1981.[269] Among the society’s stated objectives are the establishment of a “pluralist political system … and protecting its Arab and Islamic identity.”[270]

In May 2005, authorities closed Amal’s offices for 45 days after it had organized a ceremony honoring 73 individuals who had been prosecuted for allegedly planning a coup in 1981.[271]

On December 19, 2007, security forces raided Amal’s offices, claiming they were suspicious that weapons were hidden there. No weapons were found.[272]  A few weeks earlier, authorities had arrested two members and charged them with stealing police weapons; they were subsequently acquitted.[273] 

In May 2008, the Ministry of Justice canceled the society’s general assembly, saying the group violated the law by holding the event in Ma’tam al-Huda, in the village of al-Sar, which the ministry considered a place of worship, and stopped the state’s BD 1,000 (US $2,640) monthly financial allowance.[274] 

As part of government’s ban on publications of opposition groups ahead of the October 2010 Chamber of Deputies elections, on September 30 authorities canceled the license of the society’s newsletter and blocked its website.[275] In December 2010, the Ministry of Justice froze Amal’s bank accounts without notice or explanation. [276]

Following the February and March 2011 demonstrations, security forces arrested dozens of Amal members, including 23 high ranking members.[277] On April 14, 2011, the Ministry of Justice announced that it would seek a court order to dissolve Al-Wefaq and Amal, accusing both groups of violating “the Constitution and being involved in acts that damaged the public peace and national unity…”[278] The next day authorities dropped the case after the United States publicly urged the government to reverse its decision.[279]  

Authorities tried 23 Amal members before a special military court on charges that included “inciting hatred against the regime,” “broadcasting false and tendentious news and rumors,” and “calling for protests.”[280] On October 4, 2011, the military court sentenced Shaikh al-Mahfoodh and four others to 10 years imprisonment and nine others to 5 years imprisonment. The rest were acquitted.[281] The High Court of Appeal confirmed the convictions but reduced the sentence of Shaikh al-Mahfoodh and three others from ten years to five years.[282]

On June 3, 2012, the Ministry of Justice sought a court order to dissolve Amal, accusing the groups of “flagrant and continuous violations,” such as failing to “convene a general conference for more than four years,” “taking its decisions from a religious authority that calls openly for violence and incites hatred,” and “failing to submit a copy of its annual budget as per the [political societies] law’s provisions.”[283]

On June 19, the Administrative Court held the first session on the ministry’s complaint; the judge adjourned the hearing to October 7, but without prior notice subsequently moved up the date of the hearing and on July 9 ordered the dissolution of Amal for violating provisions of the Political Societies’ law. [284]  On April 15, 2013, the Court of Appeal upheld the ruling. [285]

On April 26, 2013, security forces raided the Sanabis home of an Amal leader, Hisham al-Sabagh, and arrested him. His brother Nadir al-Sabagh told Al-Wasat newspaper that authorities allowed his family to see Hisham only after 12 days in detention. At time of this writing, authorities had not allowed Sabagh’s lawyers to see him and had not charged him with any crimes.[286]