“…Justice is the basis of government. Equality, rule of law, liberty, security, peace, education, social solidarity and equal opportunity are all core principles of society…” National Action Charter.
February 14 2001 marked a new chapter for Bahrain. The constitutional referendum represented a cornerstone for promoting social, economic and political freedoms, following a period of political turbulence during the 1990’s.
The late Emir, Sheikh Isa, died in March 1999 and was succeeded by his eldest son, Sheikh Hamad Bin-Isa Al Khalifa. In the 14 February 2001 referendum on the new constitution – the National Action Charter (NAC) – Bahrainis strongly backed proposals to transform the country into a Constitutional Monarchy with an elected Parliament and independent judiciary – 98.4% voted in support of the new NAC constitution.
Parliamentary & political life
“…Government system of the state of Bahrain is a democracy where all powers vest with the people… the government system is based on checks and balances, i.e., the separation of, and cooperation among, the three powers namely, the legislature, the executive and the judiciary… Government in the state of Bahrain is based on the rule of law. The independence and immunity of the judiciary are two key guarantees for protecting rights and freedom…” NAC
Following independence in 1971, Bahrain briefly experimented with a parliamentary system. However, from 1975 until 2002, there was no form of elected parliament, although in 1992 the Emir appointed a 30-member Shura Council.
With Bahrain becoming a Constitutional Monarchy under King Hamad, this represented a fundamental rebalancing of the nation’s political system, with an elected parliament envisaged as being at the heart of this model.
The NAC provided for a two-chamber parliament: The 40-member elected House of Representatives, and the 40-member appointed Shura Council. Elections are seen as free and fair, with the opposition Al-Wefaq party having gained 17-18 votes in the 2006 and 2010 elections. 2012 constitutional amendments reinforced powers of elected MPs, including powers for approving government policy and interrogating ministers.
Judicial rights
“…No person shall in any way be subjected to any kind of physical or moral torture, inhumane, humiliating or indignant treatment. Any confession or utterance obtained under torture, threatening or persuasion shall be null and void… An accused person remains innocent until convicted in a fair trial in which all guarantees are provided with a view to ensuring to an accused person the right to defense…” NAC
The 1974 State Security Law (abolished after 1999), which allowed detention without trial, was seen as a major obstacle to civil freedoms. In particular, the 1990s were viewed as a period where citizens’ rights were particularly vulnerable.
King Hamad’s amnesty after he came to power in 1999 turned the page on a difficult decade and allowed for the release of dozens of political prisoners and the return of exiles from abroad. The NAC’s emphasis on an independent judiciary and the separation of powers between the legislative, executive and judicial branches was a huge leap forward towards ensuring that all citizens enjoyed their full legal rights.
Civil rights and political protests
“…the state ensures the freedom to form non- governmental, scientific, cultural, professional associations and unions at a national level for legitimate purposes through peaceful means under terms and conditions as may be prescribed by law…” NAC
Prior to 1999 there were no political parties and the law did not provide for the formal establishment of NGOs. All forms of public protest had no legal status and could be broken up by the authorities.
The NAC and the 2005 law regulating societies provided for the establishment of NGOs and political societies. From 2002 a number of opposition groupings returned to Bahrain and for the first time were allowed to constitute themselves on a formal basis. The NAC confirmed rights of peaceful protest. Political and social demonstrations could be granted a license and indeed, after 2011 dozens of opposition rallies were granted licenses and went ahead with consent and protection from the authorities.
Religious freedoms
“…The state ensures freedom of belief. Freedom of conscience shall be absolute. The state maintains inviolability of houses of worship…” NAC
During the 1980s and 90s there was a huge expansion in Bahrain’s expat population, particularly non-Muslims from Asia and Europe. For the most part these minorities were respected and able to practice their faiths, but they lacked any kind of political representation or legal protections.
The NAC explicitly enshrined freedom of religion for all faiths. Non-Muslim representatives (often a Christian and a Jew) have consistently been appointed to the Shura Council. In 2008, a Jewish woman, Houda Nonoo, became Bahrain’s ambassador to USA – the Arab world’s first Jewish ambassador.
The NAC era has also seen an expansion in the construction of places of worship for non-Muslims. The NAC also helped enshrine the rights of both Shia and Sunni Muslims, with a balance of Shia and Sunni figures appointed to ministerial office and the most senior posts. The NAC’s emphasis on banning sectarian political parties and separating the religious and political domains also sought to avoid particular religious forces from gaining undue influence over the political system and society as a whole.
Social & educational rights
“…The state pays special attention to physical, moral and mental development of youth. In this respect, the state ensures necessary social security for citizens in cases of aging, invalidity, orphanage, widowing and unemployment. The state also secures social insurance services for citizens in such cases. The state secures health care and puts in place health policies that are conducive to achieving the objective of health for all…” NAC
During the early 20th century Bahrain was ahead of the rest of the GCC region in developing its education system, including schools for girls. High oil revenues also allowed for advances in free healthcare, a diverse range of services and subsidies on basic goods. Housing was also widely available for low income families.
The NAC enshrined the right of all Bahrainis to free education, healthcare, along with benefits such as pensions and unemployment insurance. The NAC era also saw higher education become more widely available, with either massively subsidised university fees, or scholarship programmes for study abroad. Although from around 2016 there have been major cuts and reforms to the subsidy reforms, these cuts have disproportionately impacted non-Bahraini residents.
Women’s rights
“…Citizens, men and women alike, have the right to participate in public affairs…” NAC
The Bahrain women’s Union was established in the 1950’s. However, no official institution existed for the purpose of promoting and protecting women’s rights. Up to 1999, women only constituted a small proportion of the jobs market, with women only rarely being appointed to senior official positions.
A major landmark of the NAC period was the establishment of the Supreme Council for Women (SCW) as an official institution for promoting equality and protecting women’s rights. The SCW’s powerful status has given momentum to a succession of initiatives for increasing female employment and supporting education for girls.
The NAC gave women the right both to vote and stand as parliamentary candidates. Furthermore, appointments of women to the Shura Council and multiple women holding ministerial roles represents major achievements for the NAC era. Health Minister Nada Haffadh in 2004 was the first woman to hold a ministerial post.
Freedom of speech & media freedoms
“Every citizen shall have the right to express himself orally, in writing or in any other way of expression of personal opinion or creativity…” NAC
Prior to the NAC citizens hardly spoke about politics in public and criticism of the government was strongly discouraged. Prior to the NAC Bahrain only had three newspapers which were perceived as being under tight state control.
The NAC guaranteed freedom of speech, giving rise to a vibrant political culture where Bahrainis do openly and freely discuss political issues and do not hold back in expressing criticism of the government. After 2002 the number of daily newspapers eventually increased to around nine, which is an exceptionally high number for a nation with a population of less than 1.5 million. Until 2017 Bahrain had a pro-opposition newspaper, Al-Wasat.
Tourism and Culture
“…The state promotes science, literature and arts. It encourages scientific research and ensures education and cultural services for citizens…” NAC
Prior to 1999, Bahrain’s historic and cultural sites had received little systematic attention or development, and enjoyed exposure in the outside world. Tourism was managed by the Ministry of Information, reflecting its low priority status. Culture and sport also suffered from lack of attention and investment.
The NAC period has seen a renaissance for Bahrain culture and attention given to its historical sites. The establishment of the Bahrain Culture Authority has revitalised the culture and arts sector in Bahrain, particularly under the patronage of Shaikha Mai Al Khalifa. Events like Bahrain’s Spring of Culture have helped create a climate where local and international culture is nurtured and celebrated.
The establishment of the Supreme Council for Youth and Sports and the Ministry of Youth, have given increased momentum towards investment in sports and youth activity, helping increase Bahrain’s profile in international sport events. The establishment of the Bahrain Tourism Authority reflects the massive focus on tourism as a future major generator of revenue for Bahrain.
Workers’ rights & the economy
“…An open-door policy must be accompanied by a new public administration mindset, one that is oriented to streamlined procedure, transparency, elimination of jurisdictional overlapping, improved services and updated economic legislation within a framework of integrity and equal opportunity…” NAC
Prior to the NAC, there was no organisation dedicated to regulating the work of labourers or protecting their rights. Bahrain’s GDP was characterized by sharp fluctuations as the economy struggled to diversify away from exclusive dependence on oil for most of the public sector budget.
Today a number of trade unions and NGOs play a central role in supporting workers’ rights, based on the provisions of the NAC. Sophisticated regulations protect the rights of labourers, including foreign workers. The establishment of the Labour Market Regulatory Authority was also a significant landmark.
The NAC gave conspicuous attention to economic freedoms and the importance of providing economic opportunities for all Bahrainis and improving standards of living. Bahrain sought to develop its petrochemical and aluminium industries, while investing strongly in tourism, banking and IT. Multiple international agencies rate Bahrain as “freest economy” in Arab World (around 10th globally). There has also been greater emphasis on training and support for equipping young people for the workplace, notably through the Labour Fund (Tamkeen).