قامت حركة الحريات والديموقراطية- حق- بالمشاركة في تقرير منفصل ومستقل عن الوضع الحقوقي في البحرين وقد استندت عليه المفوضية العليا لحقوق الإنسان من ضمن التقارير التي صاغتها في التقرير الأولي المعبر عن منظمات المجتمع المحلي والدولي. وكانت حق ضمن 12 منظمة قدمت تقاريرها للمفوضية وادرجت من ضمن المنظمات المساهمة في التقرير النهائي.

وقد تناول التقرير- والذي صدر باللغة الإنجلزية في خمس صفحات أساسية وملحقات وتم ترفيعه على موقع الأمم المتحدة- ثلاثة جوانب أساسية:
1) الحقوق السياسية المقيدة
2) تدني مستوى المعيشة- الأزمة السكانية
3)التغيير الديموغرافي الموجه سياسيا

وانتهي التقرير بخلاصة ومناشدة، وألحق بعشرة ملاحق:
أ) قائمة بالتقارير التي صدرت من قبل أجهزة الأمم المتحدة بخصوص الوضع في البحرين
ب) قائمة بالتقارير التي صدرت من قبل المنظمات الدولية بخصوص البحرين
ت) ملخص تاريخ لتطور الوضع السياسي في البلاد
ث)القيود المفروضة على الحقوق السياسية في دستور الشيخ حمد غير الشرعي لعام 2002م
ج) آليات التلاعب في الإنتخابات والتحكم في نتائجها
ح)ملكيات عامة في أيد خاصة
خ)الخطة الإستراتيجية للبحرين حتى 2030م
هـ)التجنيس للتحكم في العملية الإنتخابية
و) ملخص تقارير البندر
ز)ترجمة للقسم الثالث من تقرير البندر الثاني بعنوان: "تحدي التجنيس: تقديرات ومؤشرات"

أدناه التقرير- باللغة الإنجلزية- كما تم تسليمه للأمم المتحدة، وكما حاولت بعض الجهات الإعلامية تجاهله وتجاوز محتواه.

HAQ: Movement of Liberties and Democracy- Bahrain
حق: حركة الحريات والدموقراطية- البحرين
www.haaq.org, Email: [email protected]

HAQ submission to the OHCHR: Universal Periodic Review

MOTIVATED CHANGE OF DEMOGRAPHY.. INFRINGEMENTS OF POLITICAL RIGHTS and INADEQUATE LIVING STARDARDS

19 November 2007

Movement of Liberties and Democracy in Bahrain- HAQ is concerned about the systematic infringements of political, economical and social rights of Bahrainis by the local Authorities. Irrespective of the provisions in the Bahraini legislature to respect and maintain these rights, the practices on the ground result in marginalization, disfranchise, poverty and deprivation of the majority of Bahrainis, as well as the fear of extermination of cultural identity of the indigenous Bahrainis.

On April 25th, 2006, the Bahrain has expressed its pledge to respect and maintain human rights values to the UN when applying for membership of its Human Rights Council, became party of many conventions, acceded the ICCPR and ICCES, and interpreted such commitments in many of its legislature. However, such vows and commitments were not respected on practice, as easily exemplified by the regular reports and frequent statements produced by many UN bodies (Appendix A: List of citations for reports of UN Bodies) and renowned human rights organizations (See Appendix B: List of citations for reports by human rights organizations).

In addition to the basic rights of expression, assembly and association reported in many reports mentioned in Appendix B, HAQ will shed light on three major rights which have grossly been violated, related to decent human livelihood and existence of Bahrainis. These include genuine participation in the public affairs (political rights), the right for the existence of adequate living standard and the politically motivated change of demography and its relationship with the other relevant rights.

HAQ- is a popular civic organization calling for respect and maintenance of freedoms and liberties, as well as good governance and rule of law, through genuine and progressive democratization. HAQ was established in November 2005, had two major election for its11 board members of whom 4 women and a young man. HAQ is anti all form of discrimination and believes in equality and national unity, a belief taken on board by the figures in its management coming back from different political, religious and cultural backgrounds.

I-Legitimized Clamp of Political rights

Bahrainis, by legislature and by practice, don't have the right to change their government, through peaceful means, nor do they have a role to play in the selection of its members. The Government or the executive body has been headed without election, since the inception of the modern state in 1971, by Shaikh Khalifa Bin Salman Al-Khalifa, uncle of the ruler, the only ever prime minister.

The Ministerial, as well as high official, posts are made by decrees, and selected according to loyalty and allegiance, not to quality and performance. More over, more than half of the ministerial and higher official posts, as are allocated to members of Al-Khalifa family [1]. In the current government, out of 28 ministers, 16 posts are for Al-Khalifa, 7 are for Bahrainis for the Sunni sect, and the remaining 5 posts are for the Bahraini Shia (The original format of the current Government was ratified on 11 December 2006 made of 24 ministerial posts: 12 Al-Khalifa, 6 Sunnis and 6 Shia. This arrangement was modified on 27 September 2007 increasing the number of Sunni ministerial post by one and reducing the same number of Shias. As for Al-Khalifa, in addition to the 12 posts in the Government, there are four ministers reporting directly to the King. These are: Director of Minister of National Guards, Director of National Security Bureau, Minister of Royal Court and Minister of Royal Court Affairs)

Bahrain experienced a political crisis (State security period after dissolving the only contractual constitution (See Appendix C: Historic Background on Major Political Developments in Bahrain). This deadlock lasted over 27 years since August1975, after which, Bahrainis were allowed to exercise some of their rights in the political life, in the municipality and parliamentary elections, in May and October 2002, respectively.

Bahrainis were able, after three decades of banning elections, to participate into primarily, the municipal and parliamentary. Although, this was made as a gesture by the King and was not treated as a right of participation in the Public life, enjoyable by all Bahrainis, the election process, in 2002 and 2006, were governed by a decree code issued by the King himself in 2002 (Exercise of Political Rights Decree Code No.14 of 2002). This decree, promulgated in the absence of a legislative body, prevents certain citizens from enjoying their rights (ex-convict even if acquitted or pardoned, or those whose name was left out the polling lists and were not able to appeal) as well as restrict the same right for within election districts, thereby localizing this right.

The House of Representatives, not only is it below Bahrainis expectations after grass root indigenous and long struggle for more rights in public affairs, its privileges have been undermined and constrained. Furthermore, it has been used as a tool of for legitimizing repression and constrain of rights, by virtue of ruling by the law. It is the product of the 2002 constitution, imposed unilaterally by the King 2002, the over empowerment of the King on the expense of the power of people, and by the constraints on the constitutional rights of Bahrainis. Legislation, which was a sole privilege to the elected representatives, is now shared by the King, the Executive body (the Government), as well as the Shura Appointed house. See Appendix D: Constraints on Political Rights introduced by the imposed by 2002 Constitution preventing Bahrainis from, freely and with full capacity, exercising their political rights.

Elections in Bahrain, though apparently echoing a democratic process, have been the subject of different State coordinated and guided measures, some of which are briefly listed in Appendix E: Election Rigging and Manipulative measures.

The Government (the executive body) has been lead by one prime minister since 1971, and enjoys protection of the legislature as well as being one of the main influential figures in the ruling family. As per the 2002 constitution of the King, the House of Representatives cannot practically challenge the Government or the introduce vote of no-confidence. The question of no-confidence could be formulated by ten MP's to approve the principle of questioning a minister , but requires two-third of the HR for introducing the vote of no-confidence, which is virtually impossible (considering the output of gerrymandering and measures mentioned in Appendix E). In the case of the prime minister, it is even worse, as it requires the consent of two-thirds of National Assembly (both chambers HR and Shura), to introduce the "impossibility to cooperate with the Prime Minister". This is not achievable considering the reasons mentioned in Appendix E as well as the fact that all the Shura members are appointed by the King. Furthermore, even if the National Assembly foresees the impossibility of cooperation, the final say on this matter is left to the consent of the King who has the privilege of either relieving the Prime Minister of his post and appointing a new Government, or by dissolving the Chamber of Deputies (HR).

II-Inadequate Living Standard- Housing Crisis

Bahrain is at the verge of a housing crisis because of corruption and unjust distribution of wealth and land. There are no sustaining long term development plans dedicated for its nationals [2] due to lack of funding, population growth resulting from birth (at 6.2% per annum [3]), but primarily from the naturalization scheme implemented by the Authorities for political reasons.

Public lands are privately owned, resulting in scarcity of lands for housing development. Land reclamation, apparently to be a solution to the problem, but ending into investment for private "pockets" resulting in enabling non-Bahrainis for freehold ownership of real estate, while half of the citizens lack decent housing (See Appendix F:Public Properties in Private Hands).

Bahrain is an archipelago of over 40 islands, the largest of which is Bahrain, one of four inhibited islands (Bahrain, Muharraq, Sitra and Nabih Saleh) connected to each other by bridges. The rest of the islands are not open for public access, nor developed for the citizens who require housing. Moreover, only 3% of the total coast of Bahrain is accessible by public and the rest is private, mainly by members of Al-Khalifa. See Appendix G: Bahrain 2030 National Planning Development Strategies.

According to the assistant undersecretary at the Bahraini Ministry of Housing, "shortage of lands is the main obstacle for housing projects currently and in the future as 90% of lands in Bahrain are privately owned" [4]. The Ministry did not mention that these lands are mainly seized by the royal court and members of the ruling family. As per Minister of Housing, "There is a scarcity in lands available for housing development, so the State has reverted to re-own lands as well as reclamation of the sea".

Deteriorating Housing Status
Out of Bahrain area of 750 sq. Kilometers only 70 sq. Kilometers are inhibited by population of over 725 thousands of which the nationals are just over 460 thousands, leaving over 90% of Bahrain area uninhibited, undeveloped or urbanized for welfare of citizens. Officials reiterate the scarcity of lands, yet reports indicate the boom in the real estate market Bahrain in the transactions of lands sale as well as to the numerous investment projects dedicated for foreign investors and non-Bahrainis, on the main land or by man-made reclaimed areas, causing for astronomic increase in the price of lands.

Unlike average and low income Bahraini citizens, investors from the wealthy GCC citizens and expatriate can afford to own real estate, this has resulted in a normal affinity of Bahrainis towards governmental housing services (housing units, construction and property loans), leading to applications piling to over 44 thousands (2004 census [5]) dating back to 1982. Considering an average size of the Bahraini family (6persons), this number of applications amounts to (264 thousands Bahrainis) more than half of the people lack adequate housing. This is also substantiated by the establishment of a program, coordinated by municipality councils, for renovation program for deteriorating and collapsing houses. This program started in 2003 with an initial list of over 6 thousands houses [6] of low income Bahraini families, distributed all over Bahrain, but this number is increasing with over 4 thousand in the northern governorate. This figure is increasing and covering even the Capital Manama, which as per a recent survey by the Capital municipality council, 65% of its houses are classified as deteriorating and collapsing.

Services not meeting the demands:

There are lacking efforts to provide housing services for tens of thousands of Bahrainis currently in the queue, which, as per Oxford Business Group 2007 report, will cause a sharp housing crisis in the next coming ten years. Despite the boom in the oil revenue, this has not reflected positively on the housing development in Bahrain. There are shortages on the number of housing units built, and subsequently the escalation of number of Bahraini families waiting in the queue. There are neither political well nor sufficient financial allocations to retrieve public lands to enable housing construction or provision of loans for citizen's property purchase. Furthermore, the assigned housing loans are below the market real estate price threshold to enable "middle class" to own a property at the market price, let alone contracting for its construction, as prices of building materials are sky high.

III-Politically Motivated Change of Demography

In summer 2003, six political groups carried out a well attended public seminar, bringing to public what has since been dubbed locally as "political naturalization". The event included presenting a documentary film of how Bahraini passports- in thousands- were officially transported from Bahrain to grant citizenship to thousands of Al-Dawaser tribe- one of Saudi Arabia tribe. The document showed how the newly naturalized were guided to participate in public polls and lead to nominate certain candidates in 2002 municipal and parliamentarian elections. As per Bahraini officials, thousands of Al-Dawaser were granted Bahraini citizenship in addition to their Saudi one [7]. See Appendix H: Naturalization to control output of suffrage process.

The Authorities initially denied mass naturalization, leading to a public row amidst increasing number of naturalized expatriates working mainly in the military establishments. A parliamentarian investigation committee was formulated on constraint: that it doesn't investigate into the cases granted citizenship prior to the first session of the 2002 Elected council (December 2002), as well as to those granted citizenship on the exception ground granted to the head of State, as per 1963 Bahraini Naturalization law (i.e. naturalization through the Royal Court).
The committee were neither productive nor effective, as a result of its task and the constraints imposed, ended up with setting recommendations addressed to the Government- the executive branch. The answers of the Government in response to 16 recommendations were published in the media [8], the most important of which are:
- In response to the Committee request to ensure compliance of applicant to the requirements of naturalization, the Government stated that it is not the body which grants citizenship, even if the applicant is fulfilling the conditions and legal requirements, as this power is dedicated to the ruler- the King- alone, as per Article 6 of the 1963 Bahraini Naturalization law and its amendments.
- In response to the Committee request to set clear indicators to consider special cases, the Government responded that as per the law, the power of granting citizenship is devoted to the ruler, the King, who is the head of the three branches of power (legislative, executive and judicial). Imposing indicators to treat special cases is constraint to the granting power, and doesn't comply with the political and constitutional position of the king in granting Bahraini citizenship. Therefore, the Government, the executive branch, cannot set clear indicators to deal with exceptional cases, onto a superior power- the power of the ruler- is the highest power in the kingdom.

These responses affirm that granting citizenship is not as per the law and its articulations, as the ruler is above the law. The body responsible for granting citizenship is the ruler, through his court, who grants the citizenship based on gesture and other grounds.

Provision of granting citizenship is regulated by Article 6 of 1963 Naturalization law [9] and its amendments [10]. As per this article: Bahraini citizenship may be granted by order of the Ruler to any legally competent alien upon an application there from and being eligible as follows: being resident in Bahrain for a minimum of 15 consecutive years for an Arab or 25 consecutive years for non Arab; being of good character; holds sufficient knowledge of Arabic language; owns a property in his name and registered at the Land Registry of the Government of Bahrain. As exception, the same article made provision for the Ruler to grant citizenship, if he wishes so, or for any Arab applicant who proved to have made significant contribution to Bahrain. As for exercising political rights and participation in public affairs, the law clearly indicate the prohibition of voting, representation or nomination or appointment in the local councils, of the naturalized during the first TEN years from acquiring Bahraini citizenship.

The documentary film as well as some candidates indicated earlier showed that the newly naturalized participated in 2002 and 2006 elections and were the overweighing vote in some districts. Newly naturalized, specially those commuting from Saudi Arabia, were directed to vote for some candidates over others, without them knowing either of the candidates.

The provision of exception to the ruler indicated in the law, was exploited and abused leading to the formation of a secret organization managed and financed by the Royal court to change the demography in Bahrain in favour of minority Sunni population. This is achieved by easing granting citizenship to tens of thousands of different nationalities of Sunni sect inside and outside Bahrain, to secure overbalancing the majority Shia population by the year 2010. This secret scheme was exposed by Dr Salah Al-Bandar, a strategist and advisor to the Government of Bahrain, who was deported to UK in August 2006 by the Authorities when he made his first report public. This report, locally dubbed as Bandar report, caused media controversy, which was silenced when the Authorities issued a judicial orders, in October, banning and criminalizing the media referral to Bandar report, as well as barring electronic sites mentioning or reporting about it. Such attitude affirmed the doubts of the Authorities role in the secret organization exposed by Al-Bandar, who followed his first report, by another one early January 2007.

While the two reports are briefed and summarized in Appendix I: Summary of Bandargate Reports, attention is focussed on the third section of the latest report, dedicated to setting a 5-year practical plan to increase the number of Sunni population to reach a break-even with the Shia population by 2010, the next parliamentarian election. The plan includes importing thousands of Sunnis from specific areas (Iraq, Yemen, Baluchistan of Pakistan, and others) at an increasing rate, reaching 50 thousands citizenship per year. (See the Figure of population growth and Table of quantity and sources of targeted nationalities in Appendix J: A translation of "Naturalization Challenges: Estimates and Indicators").

This plot include also some discriminatory measures against Shia, which includes introducing harsh constraints on their marriages and birth production, finding employment and settling (the plan encourages Shia migration to look for employment outside Bahrain- (Reference is made to Bahraini recruitment offices in Qatar and UAE). The effect of such measures in fuelling sectarian sedition and hatred has been highlighted by a study by International crisis group.

In addition to the main objective restricted to manipulating and controlling the output of any suffrage process, ensuring a winning majority by the ruling Authorities, their by breaching a basic rights of Bahrainis to freely participated in public affairs, other side effects started to float. With the scarcity of lands, limited job opportunities and State services, the flux of culturally inhomogeneous will create social tensions, starting to show up in high schools, markets and neighbourhood of naturalized and indigenous Bahrainis. Furthermore, with the way the Authorities showing special treatment to the newly naturalized (services, employment and housing) would eventually create a xenophobia environment, and will destabilize the tranquillity of the society. Fuelling sectarian sedition and discrimination would also lead to tearing social fabric and introduce social tension among citizens.

IV- Concluding remarks
On the political rights:

• The imposition of a constitution which drains the power of people in favour of the ruling elite, which results in focus the national wealth at its hand, is in contradiction of Article 1 of the ICCPR which affirms that: "All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development". Bahrainis have peacefully strived for grass rooted demands, of which equal and fair participation in the public life leading to good governance and rule of law, the last of which is the 82000 signatories petition submitted to the office of UN Secretary General on August 14, 2006, calling for a new democratic constitution to be drafted by the people of Bahrain.

• Drawing the electoral districts, by decree, administrative order or by law, which doesnot ensure equal and fair representation of citizens when exercising their political rights in the public affairs, is a breach of Article 3 of the ICCPR which postulates that "The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant".

• Directing group of people, directly or indirectly, to manipulate and influence the outcome of a public affair election, would not be compliant with Article 25 which states that: "Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions:
(a) To take part in the conduct of public affairs, directly or through freely chosen representatives;
(b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;
(c) To have access, on general terms of equality, to public service in his country".

On the right for adequate standard living and decent housing:
• By not providing equal opportunity for decent housing for all citizens, the Authorities has breached Article 3 of the International Convent on Economical, Social and Cultural Rights (ICESCR), which states that "The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth in the present Covenant".
• The Authorities has not taken any serious measures to stop corrupt and opportunist groups form using their influence and special personal relations to build huge wealth through misappropriation of lands. More over, the ruling Authorities has violated Article 5 of the ICESCR, by issuing decrees and administrative orders, resulting in inflating prices of real estate and preventing over half of the citizen form the right for housing facility.
• Forcefully depriving citizens from their right and opportunity to own a private housing, securing some form adequate standard of living, is a breach of Article 1 of ICCPR, which states that " All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence". This is also a violation to Article 11 of the ICESCR which affirms "the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions". The Authorities has grossly breached this Article when it didn't " take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent".

On the change of demography and introducing sectarian discrimination and sedition:
• The Authorities have violated Article 21 of the ICCPR when taking measures to ill-treat and target its Shia citizen. Such treatment went beyond their right as citizens of Bahrain, to include their right to exist, intermarriage, give birth and freely practice their beliefs. The majority population Bahraini Shia have been, as per the Authorities ill-treatment, under systematic acts of marginalization and disfranchise, when compared to other citizens, and were minoritized. The change of demography plan by the Authorities is meant to make them virtually a minority population, justifying further violations of their rights.
• The change of demography plan by the Authorities is a contradiction to its commitment to ICCPR, particularly Article 18, securing the right for citizens, had they been Shia or Sunni, to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching. Exploiting weakness and financial needs in some Shia and plan on converting them to Sunni, as per plan exposed by Al-Bandar report, is breach to item 2 of the same Article which states that " No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice".

V-Appeal
HAQ is urging the UN to:
 Intervene for the protection of the citizens of Bahrain, in particular the Shia, from plans of elimination and dilution of identity and lose of culture and history heritage. This would be initiated by setting-up an international tribunal commission on the scheme adopted by the Authorities to change population demography to achieve political agenda.
 Address the Bahraini Authorities to respect the citizens political rights and consider their desire to manage their own life and wealth through a democratic constitution of their product.
 Call upon the Authorities to observe equality among citizens, by eliminating all forms of discrimination and alienation. This would include removing gerrymandering and politically motivated voting constituencies and enforcing equal representation, by one-man-one-vote concept. On this issue, the Authorities should be urged to refrain using the newly naturalized, including those whose residence in the neighbouring countries like Saudi Arabia, to manipulate and influence the output of any political process.
 Enforce provision of adequate standard of living by retrieving public lands (islands) from private hands, to enable fair distribution of wealth among citizens and respect their right to own a property.


List of Appendices

HAQ-Bahrain submission to UN OHCHR

 Appendix A: List of citations for reports of UN Bodies about Bahrain
 Appendix B: List of citations for reports by human rights organizations about Bahrain
 Appendix C: Historic Background on Major Political Developments in Bahrain
 Appendix D: Constraints on Political Rights introduced by the imposed by 2002 Constitution
 Appendix E: Election Rigging and Manipulative measures
 Appendix F:Public Properties in Private Hands
 Appendix G: Bahrain 2030 National Planning Development Strategies
 Appendix H: Naturalization to control output of suffrage process
 Appendix I: Summary of Bandargate Reports
 Appendix J: A translation of "Naturalization Challenges: Estimates and Indicators