Implementation of even more draconian measures against fundamental freedoms: further risks for human rights defenders!

OnAugust 1, 2013, the King of Bahrain ordered the implementation of a set of 22recommendations that were adopted in the framework of an exceptional session ofthe National Council (NC) held on July 29, 2013.

Suchrecommendations include:

- the “loss of Bahrainicitizenship for all those who commit crimes of terrorism and incitement toterrorism”

- the “ban of allsit-ins, assemblies and protests in the capital Manama”

- the provision ofsecurity forces with the “necessary and appropriate mandate to protect thesociety from terrorism”

- the importance of“notifying ambassadors of foreign countries to not intervene in the internalaffairs of Bahrain, and respect international law”

- a recommendation to“all relevant state bodies to implement the legal procedures against all thosewho use social media in an illegal manner, and to increase the penalty againstall those who use websites to publish false information to foreign agencies,which jeopardises the stability and security of the country”

- the interpretation ofthe non-violation of the fundamental freedoms, especially freedom ofexpression, in a manner that balances implementation of the law and themaintaining of human rights.

Thesemeasures amount to the implementation of some kind of new state of emergencygranting the authorities excessive powers allowing them to arbitrarily restrainfundamental rights such as freedom of expression and freedom of association.

Theunprecedented repressive character of such recommendations could result infurther muzzling human rights activities in the country, in view of the broadinterpretation of “terrorism” generally applied against human rights defendersand peaceful opponents.

Indeed,the fact that the authorities have already announced that the August 14 protestwould be severely repressed if actually held is a clear indication thatpolitical opponents and human rights defenders may be considered “terrorists”and fall within the scope of the new legislation.

Inaddition, the degree of detail of some of the recommendations aims at directlytargeting the legitimate and peaceful activities carried out by a number ofBahraini human rights defenders and human rights organisations in the countryand abroad.

TheObservatory is all the more concerned as on August 9, 2013, Ms. MaryamAl-Khawaja, Acting President of the Bahrain Centre for Human Rights (BCHR),Co-Director of the Gulf Center for Human Rights (GCHR) and a Bahraini citizenliving abroad, was denied boarding a British Airways flight to Bahrain. At thecounter of the Copenhagen airport, she was informed by an employee that thedenial was based upon “orders from the Bahrain Government”. The employee addedthat it was the first time she had witnessed such a situation in her dailywork. Ms. Al-Khawaja mentioned to the employees that she was a Bahraini citizenand that she had travelled to Bahrain with British Airways in January 2013, butto no avail. British Airways later stated that the company had to “respectindividual government requests”, without providing more details. Ms. Al-Khawajais contemplating ways to lodge a legal action.

Ms.Al-Khawaja was planning to monitor the situation on the ground during theAugust 14 planned protests in Bahrain, and to visit her detained father, humanrights defender Abdulhadi Al-Khawaja, currently serving lifeimprisonment for his peaceful human rights activities. She was also planning tovisit her sister, human rights defender Zainab Al-Khawaja, also detainedat the Isa Town Female Detention Centre. On May 22, 2013, Ms. Zainab Al Khawajaand Ms. Masooma Al Sayed, both known for their participation in peacefulgatherings calling for reforms and the respect of human rights in Bahrain, weresentenced by the Manama lower criminal court to three months and six months’ imprisonment,respectively, for “illegal gathering”, “assaulting a female officer” and“inciting hatred against the regime” in reference to events that go back toDecember 2011[1].

TheObservatory firmly denounces the intensifying crackdown on the Bahraini civilsociety, and reiterates its call on the Bahraini authorities to comply with theinternational human rights instruments ratified by the Kingdom of Bahrain, withthe 1998 UN Declaration on Human Rights Defenders and with the UniversalDeclaration of Human Rights.

[1] On December 16, 2011, Ms.Al Khawaja had staged a sit-in to call for reforms and more rights at Abu Saibaroundabout and was joined by several women. The riot police fired teargascanisters and then handcuffed her and dragged across the pavement by herhandcuffs. She was further cursed and beaten in the police station. See JointBCHR-Observatory Press Release, June 21, 2013.