Part 3: Bahrain: a "modern" monarchy resisting reform

One year after the Arab Spring, IJT looks at the state of justice in four key countries touched by the revolution wind. After Morocco and Egypt, we now turn to Bahrain.
[related-articles]Bahrainis’ demand for democratic change seems to have been put on hold after the Arab Spring uprising last year. The government, led by the Sunni Al Khalifa dynasty, survived the month-long protest inspired by uprisings in Egypt and Tunisia, as well as strong US criticism. A year on, there are apparent official moves to investigate the unrest and reform the Gulf state, while the pro-democratic movement seems about to intensify again.
By Fatima Bunafoor, Washington
Although Bahrain’s history is rich in dialogue directed towards a more empowered nation, the heart of the conflict lies in historic tensions between the ruling Sunni family and the Shia, which sparked opposition protests inspired by the pan-Arab movement during the ‘70’s. Worse clashes came during the ‘90’s at the start of King Hamad bin Isa Al-Khalifa’s reign. It was anger over allegations of torture and the arbitrary use of force by police under the late Emir’s national security law that brought Islamists, Shia clerics joined by Sunnis, and secular nationalists onto the streets.
The parliament, the National Assembly of Bahrain, was established in 1973 based on the country’s first constitution, introduced by then ruler Emir Isa bin Salman Al-Khalifa, following independence from Britain in 1971. But that early welcome to democracy did not last long, due to conflict between the Emir and the main political opposition. Parliament was then dissolved for blocking the State Security Law proposed by the Emir in 1975, which would last until 2001.
Progressive constitution
What was hailed as the moment of reform came in 2002, when new King Hamad surprised the opposition by announcing a new constitution - one of the reforms promised in the National Action Charter in 2001. The Charter – the century’s most progressive resolution – was expected to usher in a new era of political freedom. It was approved by 98.4% of voters in a national referendum. But it was written behind closed doors without the public’s input. The opposition condemned the proposed charter as ambiguous amid concerns that it would introduce a bicameral parliament with limited powers. Hopes of a new democratic model were replaced by fears of a partial democracy with ultimate power in the king’s hands.
Bahrain is seen as an example of a modern nation because it relies on the 2002 Constitution, introducing a constitutional monarchy and abolishing the State Security Law, creating the system today. However, the king, as head of the government’s executive body, appoints judges. And although the members of the lower house of parliament are elected – albeit by absolute majority, the members of the upper house - the Shura Council - are appointed by King Hamad bin Isa Al-Khalifa himself. The hope was that, under the new Constitution the system would guarantee, at least on paper, the inclusion of civil society in the power-making process - a democratic ideal evident in successful models of similar constitutional monarchies like Kuwait and Denmark. But there are questions as to whether Bahrain’s model can function if it fails to address major issues in the society such as police violence.
Sincere dialogue?
The crux came during the Arab Spring revolution. Bahraini ministers, amid a state of national security, were confronted by demands for investigation into allegations of torture, disappearance and murder. This provoked the king into taking a major step towards reform last June, calling for Bahraini society to take part in a ‘Bahrain National Dialogue’ (BND) in an effort to quell tensions. Several NGOs felt this form of dialogue lacked sincerity and transparency, claiming it was yet another bureaucratic step towards preserving the kingdom’s image in the eyes of the West.
“You cannot have dialogue in this kind of atmosphere where thousands of people are fired from their jobs and there is systematic torture”, said Nabeel Rajab, head of Bahrain Centre for Human Rights. The main Shia opposition party, the Al-Wefaq Islamic Society also protested by withdrawing from the national dialogue because they were “vastly underrepresented and marginalised in the dialogue ... whose results have been determined in advance.”
A year after the Arab Spring upheavals, steps towards peace and reform include a government pledge to punish those responsible for torture. This followed a highly critical report by the Bahrain Independent Commission of Inquiry (BICI), commissioned by King Hamad and composed of international experts, which accused police of excessive force against protesters. The BICI report was released live on TV in November, in the presence of the royal family and high-ranking officials. Its recommendations include investigating allegations of torture by police, limiting the security forces’ powers of arrest, compensating victims and rebuilding demolished mosques.
Torture: a state policy?
Civil society in Bahrain today regards the BICI report on human rights violations as a failure because it ignores the political background to the uprising and falls short when it comes to accountability. “The situation now is Bahrain is not at all better than last year,” says Ahmed Al-Ghasra of the National Democratic Action Society (WAAD), Bahrain’s largest leftist secular political party. “More than 70 citizens have been killed by security forces either on the streets or in detention inside Bahraini prisons,” he claims.
The BICI report’s torture allegations, without naming those responsible, sparked alarm among human rights activists after the king recently challenged German daily Der Spiegel to provide names of political prisoners. “There are no political prisoners as such in Bahrain. People are not arrested because they express their views. We only have criminals,” said the king. But the opposition Al-Wefaq party is essentially pointing the finger at the judiciary - for helping to “protect those really responsible for crimes against humanity in Bahrain.” “Torture is not just systematic. It is now a policy of the state,” it said in a statement.
Besides the BICI and BND initiatives, there are calls for a third one to contribute to the dialogue among Bahrainis: the Manama Document, put together by opposition parties last year. The Bahraini government seems to be merely attempting reform, according to opposition leaders in prison, who detail what they believe is the best way forward for Bahrain. In order to “prove that the regime is genuine, the best move should be the release of all political prisoners… unconditionally,” says Nabeel Tammam of WAAD, one of the medics on trial in Bahrain.
New cosmetic change
The latest move in the steps towards democracy is a committee to monitor the implementation of the BICI report’s recommendations in the coming weeks, led by chairman of the appointed Shura Council in the upper house of parliament, Ali bin Saleh Al-Saleh. The new committee said this implementation was in progress, in a report last month. But civil society complains it is more cosmetic change than real reform. For instance, that report states that the government has introduced laws against torture, and video cameras in detention facilities to monitor interrogations. Nontheless, human rights organisations claim that people are tortured before being brought in to the detention units.
Bahrain has ordered the public prosecutor to investigate death and torture cases implicating the police as part of efforts at political reconciliation, in line with the BICI’s recommendations. However, Amnesty International said last week that Bahrain had failed to deliver on promises of political reform. “The authorities are trying to portray the country as being on the road to reform, but we continue to receive reports of torture and the use of unnecessary and excessive force against protests,” Amnesty’s Hassiba Hadj Sahraoui said, adding that so far, “reforms have only scratched the surface.”
Threats of new protests
The BICI commission found that security forces used excessive force against unarmed protesters and tortured detainees in one specific operation that left 35 people dead, including five from torture. The Amnesty report came just a day after the International Crisis Group warned of threats of new protests, urging the government in Manama to heed calls for real reform. According to Amnesty, “despite some institutional and other reforms, the government’s overall response has been inadequate.” Specifically, Amnesty says “no senior member of the security forces has been held to account... and scores of prisoners have not been released.”
Protests in the kingdom have intensified in recent days in support of prominent Shi’ite activist Abdulhadi al-Khawaja, who has been on hunger strike since February. The ICG said Khawaja’s health was a “time bomb” and warned that his death “would spark a serious intensification in anti-regime activism.”