V. Recommendations

To the National Assembly and the Government of Bahrain

On the Draft Law on Civil Organizations and Institutions

• Release of all individuals in Bahrain who have been imprisoned solely for exercising their rights to freedom of expression, association and assembly, including leaders of opposition political societies and NGOs.
• Amend article 2 to eliminate restrictions on 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”;
• Specify that any language on “public order or morals” should be interpreted in a narrow and proportionate fashion, in conformity with article 22 of the International Covenant on Civil and Political Rights and the authoritative commentary of the UN Human Rights Committee.
• Amend article 3 to reduce the required number of founders.
• Amend article 6 to eliminate the requirement to provide a two-year budget when applying for registration.
• Remove article 7, which prohibits a member of one NGO to become a member of another NGO if the organizations conduct similar activities unless approved by the Minister of Social Development.
• Amend article 8 to indicate that the absence of a Ministry of Social Development response to a request for registering civic organizations within 60 days signifies approval; require the Ministry of Social Development to provide a written statement detailing reasons for rejecting any NGO application and ensure that the NGO has an opportunity to correct any defects in its application.
• Amend article 16 to remove restrictions on conditions for affiliating or collaborating with foreign NGOs.
• Permit NGOs to engage in any fundraising activity including public campaigns unless specifically prohibited by law. Do not require permission to engage in specific actions on fundraising, and require at most annual or bi-annual reporting.
• Amend article 17 to permit receipt of donations or transfers from foreign donors without government’s approval, as long as all regulations regarding transparency and customs declarations for monetary transfers are met.
• Amend article 20 and 27 to eliminate the authority of the Ministry of Social Development to:
  • Appoint a temporary board of management to NGOs; and
  • Attend board meetings and require notifications of meetings.
• Amend article 22 to eliminate the Ministry of Social Development’s 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.” The law should allow rather than force NGOs to merge.
• Amend article 58 to eliminate the Ministry of Social Development’s authority to temporarily shut down NGOs and ensure that temporary closures occur only by judicial order and in response to serious violations of the law and;
• Guarantee the right of temporarily closed NGOs to rectify the violation and appeal the closure.
• Amend article 87 (1) of the draft law and article 163 of the Penal Code to abolish fines and prison terms for conducting peaceful and noncriminal activities on behalf of unregistered as well as registered NGOs.
• Amend article 87 (9) to abolish fines and prison terms for inviting foreigners to visit Bahrain for activities such as conferences and forums without prior permission from relevant authorities.

On Political Societies

• Amend article 4 (4) of the Political Societies law (No. 26/2005) to eliminate restrictions on establishing political society “class, sect, geography, profession, religion, language, race or sex” bases.
• Amend article 5 to reduce the minimum age for membership in political societies from 21 to 18.
• Amend article 22 to remove suspending political societies for 30 days while pending trial for violating Bahraini laws by;
  • Making clear that temporary closures occur only by judicial order and in response to serious violations of the law; and
  • Guaranteeing the right of temporarily closed political societies to rectify the violation and to appeal the closure.
• Implement the recommendation of the Bahraini Independent Commission of Inquiry which advised “relaxing censorship and allowing the opposition greater access to television broadcasts, radio broadcasts and print media.”

On Trade Unions 

• Respect the right of workers to establish and join the trade union(s) of their choice and peacefully assemble and associate with others without government interference.
• Amend the Workers Trade Union Law (Law 33/2002) to allow public sector workers to create and join trade unions.
• Ratify key International Labour Organization conventions including the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

On the United Nations Special Rapporteur

• Respond positively to the requests of the United Nations special rapporteurs on torture, the rights to freedom of peaceful assembly and of association and  the situation of human rights defenders to visit Bahrain.

To Member States of the United Nations Human Rights Council

• Adopt a resolution at the 24th session of the Human Rights Council in September 2013 that: expresses concern about the situation of human rights in Bahrain and the government’s lack of cooperation with Special Procedures of the Human Rights Council; calls for the implementation of the recommendations of the Bahrain International Commission of Inquiry (BICI) and for Bahrain to swiftly facilitate access to Special Procedures and to engage with the Office of the High Commissioner for Human Rights (OHCHR); and asks the OHCHR to report back on the implementation of these requests.

To the United States

• Actively and publicly press for the immediate and unconditional release of all individuals in Bahrain who have been imprisoned solely for exercising their rights to freedom of expression, association and assembly, including leaders of political societies and NGOs. [339]  
• Publicly urge Bahraini authorities to revise the Draft Law on Civil Organizations and Institutions and amend the Political Societies Law and the Workers Trade Union Law to bring the legislation into line with international standards in order to allow for freedom of association, expression and peaceful assembly.
• Speak out against Bahrain’s intimidation and harassment of civil society organizations and activists. Conduct an assessment of the Bahraini government’s steps to uphold the rights to freedom of assembly, expression, and association under international law and publicize the findings.
• Step up strategic and public contacts with Bahraini civil society in Bahrain and abroad.
• Call on Bahraini authorities to cooperate with and grant immediate access to the United Nations special rapporteurs on torture, freedom of assembly and association, and human rights defenders.
• Urge Bahrain to sign a Memorandum of Understanding with the Office of the High Commissioner on Human Rights (OHCHR) to establish an office in Bahrain with a mandate to assist, monitor and report on human rights developments.

• Seek a dedicated UN Human Rights Council (HRC) debate about continued violations of basic human rights in Bahrain and support an HRC resolution requesting that the UN High Commissioner for Human Rights keep the Council informed about Bahrain’s progress in release of prisoners, accountability for crimes and legal reforms.

To the member states of the European Union

In line with commitments made in the EU Strategic Framework on Human Rights and Democracy, the European Union (including EU Member States, European EAS, European Commission, and European Parliament) should:

• Actively and publicly press for the immediate and unconditional release of all individuals in Bahrain who have been imprisoned solely for exercising their rights to freedom of expression, association and assembly, including leaders of political societies and NGOs, some of whom are dual citizens of Bahrain and EU member states.   
• Publicly urge Bahraini authorities to revise the Draft Law on Civil Organizations and Institutions and amend the Political Societies Law on Political Societies and the Workers Trade Union Law to bring the legislation into line with international standards in order to allow for freedom of association, expression, and peaceful assembly.
• Speak out against Bahrain’s intimidation and harassment of civil society organizations and activists. Conduct an assessment of the Bahraini government’s steps to uphold the rights to freedom of assembly, expression, and association under international law and publicize the findings.
• Step up strategic and public contacts with Bahraini civil society in Bahrain and abroad.
• Call on Bahraini authorities to cooperate with and grant immediate access to the United Nations special rapporteurs on torture, freedom of assembly and association, and human rights defenders.
• Urge Bahrain to sign a Memorandum of Understanding with the Office of the High Commissioner on Human Rights to establish an office in Bahrain with a mandate to assist, monitor and report on human rights developments.
• Seek a dedicated UN Human Rights Council (HRC) debate about continued violations of basic human rights in Bahrain and support an HRC resolution requesting that the UN High Commissioner for Human Rights keep the Council informed about Bahrain’s progress in release of prisoners, accountability for crimes and legal reforms.