Experts of the Committee on the Elimination of Racial Discrimination Commend Bahrain on Efforts to Provide COVID-19 Vaccination for All, Ask about the Practice of Stripping Persons of their Bahraini Citizenship and Protections for Migrant Workers
Experts of the Committee on the Elimination of Racial Discrimination Commend Bahrain on Efforts to Provide COVID-19 Vaccination for All, Ask about the Practice of Stripping Persons of their Bahraini Citizenship and Protections for Migrant Workers
The Committee on the Elimination of Racial Discrimination today concluded its consideration of the combined eighth to fourteenth periodic report of Bahrain, with Committee Experts commending the State on efforts to provide COVID-19 vaccination for all, and asking questions on the practice of stripping persons of their Bahraini citizenship and protections for migrant workers.
Ibrahima Guisse, Committee Expert and Country Co-Rapporteur, welcomed efforts taken by the State party to provide COVID-19 vaccination for all.
Mr. Guisse noted that the Citizenship Act had provisions that could lead to statelessness. Why were divorced foreign women and persons accused of terrorist acts stripped of their citizenship? There were about 1,000 persons who had reportedly been stripped of their nationality in Bahrain. A certain number of these persons had had their citizenships restored, but there were still persons without citizenship living in the State. Did Bahrain plan to amend the Citizenship Act to bring it in line with international standards? Could persons who had been stripped of their nationality appeal the decision?
Yanduan Li, Committee Expert and Country Co-Rapporteur, said that migrant workers reportedly still faced issues such as poor labour conditions and lack of payment of wages. The sponsorship scheme led to migrant workers becoming dependent on employers, which opened up the possibility for abuse. How did the State party prevent such abuse? Did migrant workers enjoy the right to family reunification?
The delegation said that Bahrain had one of the highest rates of COVID-19 vaccination, at 99 per cent. All residents of Bahrain had access to vaccines. Vaccinations were provided free to all persons, including those without residency permits. There had been no documented deaths in detention centres due to COVID-19. The Government had developed guidelines for treatment and prevention in detention centres. Around 98 per cent of prisoners had been vaccinated.
Bahraini authorities sought to resolve the issue of statelessness, the delegation said. All foreigners required residence permits to reside in Bahrain. Individuals stripped of their nationality had the right to keep their identification cards until they obtained another nationality. Stateless individuals could also obtain travel documents and drivers’ licences. A law seeking to regularise the situation of stateless persons was in place.
Laws were in place, the delegation explained, to guarantee the rights of migrant workers. Legislation adopted in 2012 prohibited discrimination among workers for any reason, and provided for remedies against human trafficking and debt bondage. The Government could intervene to retrieve the passport of migrant workers if debt bonded. It was also considering the creation of a system for streamlining the receipt of complaints from migrant workers.
In concluding remarks, Ms. Li said that she was very happy to learn more about Bahrain through the dialogue. Mr. Guisse added that the dialogue had been fruitful, addressing the challenges and opportunities regarding the promotion of the rights of all races in Bahrain. He called on the State party to address the challenges that had been raised during the dialogue and continue its efforts to tackle racial discrimination.
Yusuf Abdulkarim Bucheeri, Permanent Representative of the Kingdom of Bahrain to the United Nations Office at Geneva and head of the delegation, in his concluding remarks, said that Bahrain was a diverse country of co-existence, and was proud of its social cohesion. The State needed to make further efforts to incorporate the Convention into legislation and practice. The Government would work to raise awareness of the human rights of all members of society. Bahrain was determined to build on its achievements at the legislative and policy levels.
The delegation of Bahrain consisted of representatives of the Ministry of Foreign Affairs and Cooperation; the Ministry of Justice and Legislation; the Ministry of the Interior and Public Security; and the Permanent Mission of Bahrain to the United Nations Office at Geneva.
The Committee will issue its concluding observations on the report of Bahrain after the conclusion of its one hundred and eighth session on 2 December. Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s one hundred and eighth session and other documents related to the session can be found here.
The Committee will next meet in public on Monday, 21 November at 3 p.m. to consider the combined seventeenth to twenty-second periodic report of Botswana (CERD/C/BWA/17-22).
Report
The Committee has before it the combined eighth to fourteenth periodic report of Bahrain (CERD/C/BHR/8-14).
Presentation of Report
YUSUF ABDULKARIM BUCHEERI, Permanent Representative of Bahrain to the United Nations Office at Geneva and head of the delegation, said the Kingdom of Bahrain was known since ancient times for its civilization, coexistence, openness to others, and its continuous endeavour to serve humanity. The Conference on the Dialogue of Civilizations and Cultures, held in 2014, issued the Bahrain Declaration, which stated that all forms of hate speech violated human rights. The Bahrain Forum for Dialogue, held from 3 to 4 November 2022, promoted dialogue between religions and cultures for the good of all humanity.
The Kingdom of Bahrain was a small island country with a population of 1.5 million persons. Over the past few years, Bahrain had witnessed rapid population growth due to an increase in the number of expatriates, representing 52 per cent of the total population and 78 per cent of the total workforce.
The Constitution of Bahrain set out the place of international treaties in the legislative system. The Convention had the force of law and could be invoked before national courts. The Constitution also stated that all people were equal, and prohibited discrimination based on sex, origin, language, religion or belief. The State guaranteed the sanctity of places of worship and the freedom to perform religious rites, processions and meetings.
A draft law containing a definition of discrimination was currently being discussed by the Ministerial Committee for Legal and Legislative Affairs. Recent legislation implemented to combat discrimination included the child law of 2012, the labour law in the private sector of 2012, and the law of 2005 on political associations, which stipulated that organizations should not seek to discriminate or incite hatred of any kind. The Penal Code enshrined equality between men and women, particularly with regard to the right of women to acquire and retain nationality. A draft law had been approved by the Council of Ministers and referred to the legislative authority which would allow the children of Bahraini women married to foreigners to obtain Bahraini nationality.
The Constitution guaranteed individuals the right to express their opinion and publish it orally, in writing or otherwise. Human rights defenders were protected against reprisals, and there were national remedies available to victimised persons.
The Supreme Council for Women implemented an ongoing programme promoting training, rehabilitation and awareness of the concepts of integration and social justice between the sexes. The Council had also developed a national model for promoting equal opportunities, changing the stereotypical image of women in school curricula, enhancing women’s participation, and raising awareness of women's issues.
The Government had established follow-up and redress mechanisms, including the Ombudsman, which examined complaints against employees of the Ministry of Interior and took legal action. The Special Investigation Unit, an independent judicial body, determined criminal responsibility in any allegations related to torture or ill-treatment.
The national human rights institute was established in 2009, and a decree-law was introduced in 2016 to ensure the institution's compliance with the Paris Principles.
Bahrain’s National Plan for Human Rights 2022-2026 promoted the harmonisation of national legislation with international human rights standards. It also promoted the right to freedom of religion, belief and expression; developed restorative justice mechanisms; and strengthened the capacities of the national human rights institute and civil society institutions.
During the COVID-19 pandemic, the Government had conducted free examinations and vaccinations for all citizens and residents alike. It had granted full immunity to foreign workers whose residence permits had expired so that they were ensured full access to examinations and vaccines.
The voting rate in the 2018 parliamentary elections was 73.18 per cent. This was a clear indication of the vitality of the democratic process in Bahrain.
Questions by Committee Experts
YANDUAN LI, Committee Expert and Country Co-Rapporteur, said the report was 12 years overdue. The Kingdom of Bahrain had achieved good progress in the implementation of human rights instruments. The Committee welcomed Bahrain’s ratification of international treaties, including the Convention on the Rights of Persons with Disabilities. It also welcomed that civil society played a more and more active role in promoting human rights.
The International Covenant on Civil and Political Rights had been invoked by the Constitutional Court in the past. However, it was unclear whether other courts could invoke human rights treaties. How were conflicts between international conventions and domestic law resolved? Had awareness raising or training programmes on the Convention been conducted for public officials?
Non-discrimination provisions in Bahrain were not in accordance with the Convention, as domestic legislation only covered origin as a basis for discrimination. Legislation prohibited discrimination among Bahraini nationals only. Did the State party plan to introduce legislation that prohibited discrimination irrespective of nationality, race or colour? Ms. Li called for information on legislative steps to prohibit racial discrimination. Some Shi’a groups continued to be subjected to wide-spread discriminatory practices. What special measures would be implemented to prevent discrimination against these groups, in particular measures promoting participation in the workforce and elections?
The Committee noted efforts by Bahrain to combat racist hate speech. A person who publicly incited hatred was liable to a penalty of up to two years imprisonment. Did the Criminal Code or other legislation criminalise dissemination based on racial superiority; threats or incitement to violence against certain races; insults and slander of races; and participation in activities that promoted racial discrimination? What measures were in place to prevent racist hate speech in the media? Ms. Li called for disaggregated data on complaints of racial discrimination and hate speech acts, and penalties imposed. Did the State party intend to increase penalties imposed for inciting racial hatred? How were officials tackling hate speech within prisons? Did the State party take measures to prevent hate speech against minority communities on social media?
Were there examples of case law where racial motives were considered as aggravating circumstances?
IBRAHIMA GUISSE, Committee Expert and Country Co-Rapporteur, said Bahrain was a small country with significant ethnic, religious and cultural diversity. This diversity was an opportunity as well as a challenge. What was the current ethnic composition of the State party?
The Committee welcomed the creation of the national human rights institute in 2009. Various treaty bodies had expressed concern regarding the independence of this institution. What measures had the State party taken to strengthen the independence of the institution? The institution had a mandate to receive complaints on racial discrimination. What measures had been taken by the institution in response to complaints received? Mr. Guisse called for detailed information on any complaints of racial discrimination to the national human rights institute or police departments which had not been submitted to the Committee. A lack of complaints indicated insufficient means to deal with the complaints or a mistrust of authorities. Which institutions received complaints regarding racial discrimination in the workplace?
What measures were in place to combat prejudice and intolerance in society? Had there been an overhaul of the education system to prevent discrimination based on sex, race and age in schools? What measures had the State party taken to include chapters on racial groups and cultures in school textbooks? Mr. Guisse asked for information on training courses for judges, public servants and teachers on preventing racism.
GUN KUT, Committee Expert and Follow-Up Rapporteur, said that previous concluding observations of Bahrain were issued in 2005. Mr. Kut commended authorities for submitting the interim report on time. The Committee had recommended the establishment of a national human rights institute in its concluding observations, and such an institution had indeed been established. However, this institution had “B” status. The Committee had also recommended that the State party permit civil society organizations that defended human rights. The Committee required more information on the new law on civil society organizations and its application. Another concluding observation called on the State party to protect the rights of domestic workers and prevent abuse such as debt bondage. The Committee welcomed provisions implemented in response, but had not received enough information on the implementation of these provisions. Finally, the Committee had recommended the introduction of provisions to protect Shi’a and other ethnic groups from hate speech and racial hatred. The Committee called for more information on the implementation of legislation produced to tackle these issues.
A Committee Expert said that there were laws on facilitating alternative sentences and on restorative justice. The Committee welcomed such initiatives. How would Bahrain find a balance between these laws and laws on discrimination?
Another Committee Expert congratulated the State party on measures taken to raise awareness on human rights and human rights institutions. Had a guidebook on tolerance, co-existence and human rights been translated into all local languages?
One Committee Expert asked for information on access to justice for the Shi’a and the non-Arab and non-English speaking minorities. Did the Labour Code apply to informal workers and technical trainees, a large percentage of whom were racial minorities?
Responses by the Delegation
The delegation said that there was no discrimination based on nationality or race in the national census. The Constitution stipulated that all people were equal before the law, and prohibited racial discrimination. Domestic laws were not used as an excuse to dodge international commitments. Any international treaty had the force of law once published in the official gazette. National legislation was reviewed to ensure that it was in line with international commitments, and was revised as necessary before ratification. The Criminal Code criminalised discrimination and imposed fines and prison sentences for such acts. In 2017, the Council of Ministers established a committee against hatred and sectarianism in public spheres.
The Government sought to achieve “A” status for the national human rights institute. It had implemented a law in 2016 that gave the institute full independence. The members of the board of the institute were chosen from civil society and trade unions. Women and minorities were adequately represented. Government bodies were required to cooperate with the institute, which could submit reports to the Government. The institute had full control over its management and financial affairs.
The Press Act stated that statements by journalists should not incite strife or hatred. The Government did not permit targeting of specific groups or human rights defenders. All victims of discrimination were provided with means of obtaining redress and remedy.
There were 660,000 migrant workers in Bahrain, and laws were in place to guarantee their rights. Legislation adopted in 2012 prohibited discrimination among workers for any reason, and provided for remedies against human trafficking and debt bondage. The Government could intervene to retrieve the passport of migrant workers if they were debt bonded. It was considering the creation of a system for streamlining the receipt of complaints from migrant workers. There was also a mechanism for following up on complaints of human trafficking, and a specialised court had been established to examine cases of human trafficking. Inspection visits of workplaces were carried out to identify forced labour and human trafficking.
The Ombudsperson and the Commission on the Rights of Inmates and Prisoners were independent. The Ombudsperson’s Office hired workers from different racial and religious backgrounds. From 2016 to 2020, the Ombudsperson had received over 7,000 complaints, but none related to racial discrimination.
Equality and non-discrimination were the basis of Bahraini laws. Discrimination was considered an aggravating circumstance. The legislator had expanded the definition of torture. The prosecutor’s office investigated cases of torture committed by law enforcement and security personnel. Claimants and offenders were treated in line with international standards. Over the past five years, 420 complaints of torture and ill-treatment had been received. Three per cent of complaints came from women, while 40 per cent came from persons aged 21 to 25. Investigations were started as soon as complaints were received; 181 law enforcement officials had been sanctioned as a result of investigations. Cases of torture had fallen by 70 per cent through these actions.
Bahraini law was based on the laws of Islam, which prohibited any form of discrimination. The act on alternative punishments and penalties applied to both citizens and non-citizens. The law took into account human rights, and gave opportunities for the rehabilitation for offenders. Training programmes had been launched to ensure the reintegration of offenders into society; 4,459 persons had benefitted from this law as of November 2022.
The authorities sought to resolve the issue of statelessness. All foreigners required residence permits to reside in Bahrain. Individuals stripped of their nationality had the right to keep their identification cards until they obtained another nationality. Stateless individuals could also obtain travel documents and drivers’ licences. A law seeking to regularise the situation of stateless persons was in place.
All citizens could apply for positions in the public sector. All prosecutors, judges, military personnel and security officers on foreign missions were provided with training on human rights. Police were provided with training on dealing with protesters and detainees in a manner that respected their rights.
Bahraini legislation prevented discrimination against any group of people, including non-citizens. Any person that inflicted suffering or harm was criminalised, including persons who discriminated against workers. The Supreme Court had decreed that the rights of all people needed to be protected, regardless of race, sex or other factors. The Court had ruled that article 157 of the Criminal Code was unconstitutional. There were aggravating circumstances if discriminatory crimes were committed by public officials.
Bahrain ensured the right to education regardless of race and religion. Education had a role to play in fighting racial discrimination. International organizations were reviewing school curricula to ensure that they did not include stereotypes. Bahrain had also joined the United Nations Educational, Scientific and Cultural Organization “Assimilated Schools” project.
Terms such as “Shi’a” and “Sunni” were not used in the Constitution because all citizens, regardless of sect or religion, were considered as equal citizens of Bahrain. All citizens could be appointed to State Councils and other public management roles. Bahrain had a just and independent judiciary that allowed for any persons to submit a complaint, and remedies for victims of discrimination were provided.
In response to a follow-up question on the selectivity of the definition of “discrimination” in legislation, the delegation said that the definition of discrimination in draft legislation was based on race, sex, ethnicity and place of origin. The definition would be brought in line with the Convention.
Questions by a Committee Expert
IBRAHIMA GUISSE, Committee Expert and Country Co-Rapporteur, said that the Committee was interested in what the State party was doing to deal with discrimination. Thirty per cent of the population were labelled as “others” in the State report. Where were these persons from? Some foreign students were reportedly victimised in the education system, as they received different curricula than those studied by local students. Mr. Guisse called for more information on training within the justice system.
Responses by the Delegation
The delegation said Bahrain’s ratification of the Convention meant that the Convention could be invoked directly in Bahraini courts. Bills had been drafted related to incitement to hatred, civil society and freedom of assembly. The Convention was on equal footing with domestic legislation. The law in Bahrain made no distinction between groups based on ethnic origin. All citizens participated on an equal footing in society.
Education was free and compulsory. All children were required to be registered in public or private schools. School books and uniforms were provided free of charge. All citizens had access to education on an equal footing. The Government fought against digital illiteracy, developing online governmental services.
Bahrain pioneered children’s rights, promulgating a law on restorative justice that focused on protecting the rights of the child. A specialised unit had been developed to receive complaints of ill-treatment of children. Shelters had been established for child and women victims of ill-treatment, as well as for homeless persons and migrants. Legal aid was provided to all who needed it.
A streamlined training programme on human rights for members of the judiciary had been established. The Government hoped that over 1,000 persons would participate in the programme by the end of 2023. The Government would continue to work to bolster human rights training.
Questions by a Committee Expert
GUN KUT, Committee Expert and Follow-Up Rapporteur, said that there had been several references to the Constitution and its principles of equality. The existence of such principles did not indicate that there was no discrimination. The Committee’s task was to assess developments occurring during the reporting period. Mr. Kut called on the delegation to acknowledge that there were different communities and identities in the State. Such communities had a right to raise grievances. Denying their existence did not help these communities. The wording of the State report indicated that there was indeed differing treatment of minority groups in the State.
Responses by the Delegation
The delegation said that Bahrain was committed to implementing the Convention. There were indeed communities belonging to different ethnicities, but all residents were considered on an equal footing in legislation.
Questions by Committee Experts
IBRAHIMA GUISSE, Committee Expert and Country Co-Rapporteur, asked how many civil society organizations were consulted during the drafting of the new civil society law, and how many represented racial minorities? Were guidelines in place for the withdrawal of licences from civil society organizations, and were there avenues to appeal such withdrawals?
Reports suggested that around half of Bahrain’s population was made up of migrant workers. The Committee noted the legislation safeguarding the wages of migrant workers. However, many migrant workers reportedly still faced issues such as poor labour conditions and lack of payment of wages. The sponsorship scheme led to migrant workers becoming dependent on employers, which opened up the possibility for abuse. How did Bahrain prevent such abuse? Could the delegation provide more information about the flexible working permit system? What percentage of migrant workers had applied for this system?
Employers were required to include in migrant workers’ employment contracts clauses preventing the worker from transferring to a different employer for a certain period. How long was this period? Legislation allowed for travel bans on migrant workers who faced a lawsuit. Some migrant workers were reportedly barred from leaving the country due to debt or non-debt related disputes with employers. How many migrant workers had been barred from leaving the country? What progress had been made in revising legislation on travel bans? What measures were in place to support migrant workers to file complaints regarding travel bans and to investigate those complaints? Did migrant workers enjoy the right to family reunification?
The Committee commended legislation upholding the rights of domestic workers. However, this legislation reportedly did not apply to migrant domestic workers. Migrant domestic workers were vulnerable to abuse, underpayment and sexual exploitation. What measures were in place to examine the working conditions of migrant domestic workers; protect them from abuse, including via the sponsorship system; and allow them to file complaints, obtain citizenship and join trade unions?
The anti-trafficking law and a police unit focused on human trafficking were welcome measures. However, Bahrain continued to be a destination country for labour trafficking. What measures had the State party taken to implement the anti-trafficking law and identify victims of trafficking? How many cases of trafficking had been referred to public prosecutors and what was the outcome of those cases?
YANDUAN LI, Committee Expert and Country Co-Rapporteur, welcomed amendments to the Family Code that had brought advancement to family affairs, and draft amendments to the Citizenship Act that would allow the children of a Bahraini woman and foreign man to obtain Bahraini citizenship. These amendments had been delayed, however. What was the reason for this? Did the State party plan to take further actions to protect such children? Could a foreign man married to a Bahraini woman obtain Bahraini citizenship? Were different rules concerning citizenship applied to Arabs and non-Arabs, and to Sunni and Shi’a persons? It was reported that there were between 2,000 and 5,000 Bedouin families living in Bahrain without citizenship, and the Government had not granted these families citizenship. What steps had been taken to naturalise this group? What specific administrative or policy measures had been taken to guarantee that these people enjoyed the same rights as Bahraini nationals?
The Citizenship Act had provisions that could lead to statelessness. Why were divorced foreign women and persons accused of terrorist acts stripped of their citizenship? There were about 1,000 persons who had reportedly been stripped of their nationality in Bahrain. A certain number of these persons had had their citizenships restored, but there were still persons without citizenship living in the State. Did Bahrain plan to amend the Citizenship Act to bring it in line with international standards? Could people who had been stripped of their nationality appeal the decision? The United Nations High Commissioner for Refugees had recommended that Bahrain create an organization to process asylum claims and adopt legislation protecting refugees. How had the State party responded? How were the rights of refugees upheld without this legislation? How many refugees were currently in Bahrain?
One Committee Expert asked whether non-Arabic and non-English speaking Shi’ites were forbidden from living in certain cities. Could the delegation provide more information about foreign detainees who had died from COVID-19?
Another Committee Expert said that Bahrain had been confronted by threats from other countries and from threats within its borders. There were religious and spiritual principles underpinning legislation in all countries. Migrant workers needed to comply with contractual labour conditions.
One Committee Expert asked about steps Bahrain was taking to offer identity documents to migrants living in irregular situations in Bahrain. What measures were in place to allow migrant workers who had left the country during the COVID-19 pandemic to return?
A Committee Expert said that 20 November was the International Day of Children’s Rights. Did children learn about human rights and combatting racial discrimination in primary and secondary schools in Bahrain?
Another Committee Expert asked if the labour inspectorate conducted on-site inspections of employers of migrant and domestic workers. Could such workers make claims to the inspectorate?
Responses by the Delegation
The delegation said there were 666 certified civil society organizations in Bahrain. These included associations focused on human rights, children and other topics. Non-Bahrainis also had the right to establish associations that represented their communities, defended their rights and monitored discriminatory practices. There were currently 74 such associations. The Government had not rejected a completed application to register a civil society organization since 2010. There were 10 human rights organizations that monitored racial discrimination. The Government was preparing a bill to amend the law on associations in cooperation with the International Centre for Not-for-Profit Law, and civil society organizations were being consulted regarding the bill.
Bahrain had been ranked highly in terms of work-life balance and quality of life for migrant workers. Migrant workers could access Government services. Discrimination of migrant workers in the workplace was prohibited. Penalties were imposed for the sexual harassment of migrant workers, and being an employer was an aggravating circumstance. The flexible working arrangement allowed migrant workers to change their employer. The Government aided migrant workers who filed complaints against working conditions and arbitrary dismissals. A wage monitoring system ensured that migrants’ wages were paid on time. The Government had reformed the kafala system and achieved the goals of the 2022 Global Compact for Migration.
A shelter for victims of human trafficking had been established that provided primary health care, psychosocial support, legal aid and means of redress and remedy. Labour trafficking was prohibited by law and could be equated to human trafficking. A specialised court and prosecutor had been established to assess cases involving migrant workers and human trafficking. A fund to support victims of human trafficking had been established to allow victims to return to a normal life. Rehabilitation programmes were also in place. Visas were issued to families of migrant workers though streamlined procedures, facilitating family reunification.
The Kingdom of Bahrain had adopted measures to protect domestic migrant workers, including legislation on contracts, paid leave and remedies for abuse. The Government was conducting an awareness campaign on migrant domestic workers’ rights.
The national health plan ensured non-discrimination in the health sector. Domestic workers were provided with health insurance. Bahrain had one of the highest rates of COVID-19 vaccination, at 99 per cent. All residents of Bahrain had access to vaccines. The State had not closed its borders during the pandemic. Vaccinations were provided free to all persons, including those without residency permits. More than 11 million COVID-19 tests had been carried out free of charge. There had been no documented deaths in detention centres due to COVID-19. The Government had developed guidelines for treatment and prevention in detention centres. Around 98 per cent of prisoners had been vaccinated.
Foreigners had access to Bahraini nationality if they had lived in Bahrain for 25 consecutive years, or 10 for Arab citizens, subject to a character assessment. The 1965 law on immigration regulated the arrival of foreigners to Bahrain. Foreigners were required to live at a specified address and hold a valid residency permit. They could appeal decisions not to extend residency permits. An agreement had been signed with the High Commissioner for Refugees to exchange information on refugees in Bahrain. All refugees had access to Bahraini nationality under the same terms as other foreigners.
The nationality of 151 persons stripped of their nationality had recently been restored. Draft amendments to legislation would allow Bahraini mothers married to foreigners to pass their nationality on to their children. Bahraini nationals could have their nationality removed if they joined a foreign military service or if they committed terrorist acts in Bahrain. It was possible to appeal decisions on removal of nationality.
A committee had been established to review the draft legislation on discrimination. The delegation would take the Committee’s recommendations on board with a view to further strengthening this legislation.
The Ministry of Education had included the principle of respect for human rights in primary and high school curricula. Teachers raised students’ awareness concerning human rights through learning programmes on human rights developed in cooperation with the United Nations Educational, Scientific and Cultural Organization. Training was also provided to teachers on delivering these programmes.
The department responsible for migration issues had developed a “golden residency visa” that allowed migrant workers to live in Bahrain permanently if they met certain conditions. The permit was given to both workers and their family members.
A joint group of Government bodies and civil society organizations had been set up to combat trafficking in human beings. The group was cooperating with relevant United Nations offices. A fund to support victims of trafficking had been set up, and legislation had been released that made human trafficking a crime.
Questions by Committee Experts
YANDUAN LI, Committee Expert and Country Co-Rapporteur, said that the State party could take special measures to protect vulnerable groups of people. What was the State party’s position on implementing such measures? Did the State party plan to join the 1951 Refugee Convention?
IBRAHIMA GUISSE, Committee Expert and Country Co-Rapporteur, asked about specific work to prevent discrimination against migrants. Mr. Guisse welcomed efforts taken to provide vaccination for all. What did Arab migrants need to do to access nationality?
A regional conference had recently been organised by the African Commission to address historical issues related to slavery and discrimination of people of African descent in the region. What was Bahrain doing to promote the rights of people of African descent?
Responses by the Delegation
The delegation said Bahrain’s accession to the 1951 Refugee Convention had been considered by the President and the National Cabinet. Discussions on the Convention and measures to protect the rights of refugees had been held. The Government needed to study the Convention in depth before deciding whether or not to join it.
Non-Arabs who were highly skilled and had contributed significantly to Bahraini society could be eligible to acquire Bahraini citizenship in a shorter period than the standard 25 years.
There were legal remedies available to all migrant workers in Bahrain. There was no discrimination in access to remedies for migrant workers. A hotline had been established for migrant workers to report cases of discrimination. Bahrain had fully integrated migrant workers into society. Migrant workers were able to express their beliefs and cultures through the activities of the non-governmental organizations that represented them.
Questions by Committee Experts
A Committee Expert said that the Committee appreciated Bahrain’s efforts to bring national legislation in line with the State’s international obligations. Combatting racial discrimination was an ongoing process. Structural inequalities were the basis of racism. How did authorities understand “equality”? What measures were in place to implement legislation on special measures?
Another Committee Expert asked whether the delegation could make the draft text of the new legislation on discrimination available to the Committee.
One Committee Expert said that the measures implemented showed that the State party was considering what was happening in the Arab world and trying to improve. The Expert looked forward to further positive developments in the State.
Responses by the Delegation
The delegation said that people of African descent had become an integral part of Bahrain. Bahraini society was open and diversified, and people did not distinguish others based on origin. The statistical authority did not disaggregate data based on colour or ethnicity, only based on whether people were citizens or non-citizens. Data on the origin of foreigners was recorded.
The Government was currently discussing the bill on combatting discrimination, and the concluding observations of the Committee would help the Government in reviewing the bill. The State party was open to receiving advice from the Committee on the definition of “discrimination”.
Bahraini laws allowed for granting citizenship to the children of Bahraini women in certain circumstances. Children of Bahraini women married to foreign men took the nationality of their father. Foreign women had access to family and education support payments. The family law of 2017 regulated family relations. It allowed for complaints to be submitted to the court of cassation to amicably resolve family disputes. Specialised family courts had been established to examine cases related to families.
Closing Remarks
YANDUAN LI, Committee Expert and Country Co-Rapporteur, said that she was very happy to learn more about Bahrain through the dialogue. She thanked the delegation for its efforts to answer the Committee’s difficult questions. The dialogue would inform the Committee’s concluding observations. She expressed hope that the State party would submit future periodic reports in a timely fashion and engage in dialogue with the Committee regularly in the future.
IBRAHIMA GUISSE, Committee Expert and Country Co-Rapporteur, said that the dialogue had been fruitful, addressing the challenges and opportunities regarding the promotion of the rights of all races in Bahrain. Mr. Guisse called on the State party to address the challenges that had been raised during the dialogue and continue its efforts to tackle racial discrimination.
YUSUF ABDULKARIM BUCHEERI, Permanent Representative of the Kingdom of Bahrain to the United Nations Office in Geneva and head of the delegation, thanked the Committee and Rapporteurs for the dialogue. Bahrain was a diverse country of co-existence, and was proud of its social cohesion. The State needed to make further efforts to incorporate the Convention into legislation and practice. Bahrain was a small country with immense ability to welcome and integrate persons who had taken refuge there. Such persons were able to exercise their rights with no restrictions whatsoever. Welcoming such people allowed the State to make improvements in its legislative framework and practices. Legislation sought to end racial discrimination. The State party would work with the Committee to ensure that draft legislation on discrimination would be as effective as possible. The Government would also work to raise awareness of the human rights of all members of society. Bahrain’s report reaffirmed that the State continued to implement the Convention, based on the State’s Constitution, legislation, policies and practices that ensured protection from discrimination. Bahrain was determined to build on its achievements at legislative and policy levels. The delegation was ready to continue to cooperate with the Committee to further promote the rights of all residents of Bahrain.
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CERD22.019E
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