Experts of the Committee on the Elimination of Discrimination against Women Commend Bahrain on its National Action Plan, Ask about Child Marriage and Bahraini Women’s Right to Transmit Nationality to their Children
The Committee on the Elimination of Discrimination against Women today concluded its consideration of the fourth periodic report of Bahrain, commending the State on its 10-year National Action Plan, while asking questions about child marriage and Bahraini women’s right to transmit nationality to their children.
One Committee Expert said the formulation of the 10-year National Action Plan was worthy of recognition. Bahrain currently enjoyed the highest women’s literacy rates in the Gulf region which was a commendable achievement.
Another Expert said the family law set the minimum age of marriage at 16 for both spouses, with younger girls allowed to marry in exceptional circumstances. Could information on child marriages be provided? What exceptions were granted which allowed girls to marry under the age of 16? How old were the husbands in these cases? Would measures be considered to outlaw and criminalise child marriage?
A Committee Expert noted that the Citizenship Act was concerning as it discriminated against Bahraini women’s right to transmit their nationality to their children. What was the status of the proposed amendment of the Citizenship Act? Did the proposed amendment give children born to Bahraini women automatic citizenship, and ensure women had the right to transmit their nationality to their child on an equal basis with men? How was it ensured that all children in Bahrain obtained birth certificates and residency permissions?
The delegation said the Family Code adopted in Bahrain was a major development that was discussed in Parliament. Marital age had been set at 16, and children below 16 could not marry unless they had the approval of their families. Although marital age was set at 16, the average age of marriage was 24 for women and 27 for men in practice.
The delegation said a bill was being reviewed by Parliament and the alignment between the sovereignty of the State and the rights of children and their nationality was being examined. A timeline could not yet be provided. Children born to Bahraini women who had married a non-Bahraini were guaranteed an enjoyment of rights. A child would acquire Bahraini nationality if they were born to a Bahraini mother and an unknown father. A child born to unknown parents on Bahraini territory would also acquire Bahraini nationality.
Introducing the report, Hala Bint Mohammed Jaber Al Ansari, Secretary-General of the Supreme Council for Women of Bahrain and head of the delegation, said since the adoption of the National Plan for the Advancement of Bahraini Women in 2007, the stages of implementation had progressed gradually. Since 2015, the Government of Bahrain had incorporated the National Plan into its National Action Plan, reflecting its requirements in detailed plans and budgets to mainstream the needs of Bahraini women. Many pieces of legislation, laws and policies had also been issued regarding family stability, including the family law, which facilitated the litigation process and ended the disparity in judgments. The Supreme Council for Women recently completed the task of evaluating the National Plan, which was carried out periodically. Based on the results of the evaluation, the Council had extended the period of the current plan to 2026 and updated some of its components to keep up with the many new developments, with reviews that took into account post COVID-19 circumstances.
In concluding remarks, Ms. Al Ansari thanked the Committee for their interest in Bahrain’s efforts to implement the Convention. The delegation looked forward to being present in person in Geneva at the next review.
Ana Peláez Narváez, Chair of the Committee, thanked the delegation for the constructive dialogue. The Committee commended the State party for its efforts and encouraged Bahrain to take all steps to address the recommendations of the Committee.
The delegation of Bahrain consisted of representatives of the Supreme Council for Women; the Ministry of Foreign Affairs; the Ministry of Information Affairs; the Ministry of Justice, Islamic Affairs and Endowments; the Ministry of Social Development; the Ministry of Education; the Ministry of Health; the Ministry of Interior; the Ministry of Labour; the Shura Council; the Supreme Judicial Council; the Public Prosecution; the National Health Regulatory Authority; the National Communication Centre; the Legislation and Legal Opinion Commission; the Labour Market Regulatory Authority; Bahrain’s Society for Women’s Development; and the Permanent Mission of Bahrain to the United Nations Office at Geneva.
The Committee on the Elimination of Discrimination against Women’s eighty-fourth session is being held from 6 to 24 February. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 10 a.m. on Wednesday, 15 February, to review the fourth periodic report of Mauritania (CEDAW/C/MRT/4).
Report
The Committee has before it the fourth periodic report of Bahrain (CEDAW/C/BHR/4).
Presentation of Report
YUSUF ABDULKARIM BUCHEERI, Permanent Representative of Bahrain to the United Nations Office at Geneva, said Bahrain was proud to discuss the fourth periodic report today, which coincided with the twenty-second anniversary of the popular consensus on the National Action Charter. This blessed journey had achieved many developments for Bahraini women, namely that they were full citizens and could participate in all areas of life. Mr. Bucheeri then welcomed the delegation of Bahrain.
HALA BINT MOHAMMED JABER AL ANSARI, Secretary-General of the Supreme Council for Women of Bahrain and head of the delegation, said since the adoption of the National Plan for the Advancement of Bahraini Women in 2007, the stages of implementation had progressed gradually. Since 2015, the Government of Bahrain had incorporated the National Plan into its National Action Plan, reflecting its requirements in detailed plans and budgets to mainstream the needs of Bahraini women. To ensure the successful mainstreaming of processes at the planning and implementation levels, the Supreme Council for Women led a national activity to develop a scientific and practical methodology, with specific mechanisms that monitored the achievement of the full mainstreaming of women's equal participation in the development process. The most prominent of these included the formation of equal opportunities and gender balance committees in the legislative authority and the public sector, with the private sector and civil society institutions taking initiatives to adopt the same mechanism. Other measures were also taken, including the adoption of a gender-responsive budget methodology, and the formulation of a national indicator to measure the gender gap.
Laws had been amended to ensure women’s participation in the labour market, including the social insurance law and the private sector labour law. Decisions had also been issued to encourage the board of directors of shareholding companies to take into account the representation of women on these boards. A range of options had been provided to facilitate women’s entrepreneurship, including through the Internet and digital applications. This had led to the increase of the percentage of female entrepreneurs exporting abroad to 32 per cent. The National Plan continued to measure women's competitiveness in the national economy, with an implementation rate of 75 per cent of the plan’s dedicated initiatives, which reflected positively on the participation rates of Bahraini women in the labour market.
Many pieces of legislation, laws, and policies had also been issued regarding family stability, including the family law, which facilitated the litigation process and ended the disparity in judgments. The protection against domestic violence law was also issued, which referred to the Convention in its preamble, and stipulated a clear definition of domestic violence, and ways to prevent it. As a follow-up to the implementation of the law, a Strategy for the Protection of Women from Domestic Violence was developed. Several legal measures had been issued, including a decision to establish family and child protection offices in police directorates, as well as the amendment of the Penal Code, increasing the penalty for refraining from reporting cases of violence while practicing medical and health professions, and the amendment of the same law to penalise anyone who refused to allow the beneficiary to see and visit the child. A national database was also activated on domestic violence to monitor cases of violence.
According to the latest National Report, the Gender Gap Index marked 69 per cent with an increase of 9 per cent between 2016 and 2020. The participation rate of Bahraini women in the national workforce had increased to 43 per cent, and 56 per cent in the government sector, with 47 per cent in executive positions. The number of Bahraini female workers in the private sector had increased by 39 per cent, their average pay increased by 27 per cent, and the percentage of female entrepreneurs increased to 44 per cent.
Bahrain had been ready to contain the repercussions of the global pandemic through a National Emergency Plan, where women were at the top of its priorities. The emergency measures taken by the State during that period included providing free testing, treatment and vaccinations to all citizens and residents without discrimination; providing the spouses of frontline workers with the opportunity to work remotely in order to care for their children at home; and launching an 11.4 billion United States dollar stimulus package, among others. The Supreme Council for Women recently completed the task of evaluating the National Plan, which was carried out periodically. Based on the results of the evaluation, the Council had extended the period of the current plan to 2026 and updated some of its components to keep up with the many new developments, with reviews that took into account post COVID-19 circumstances. Ms. Al Ansari reiterated the commitment of Bahrain to follow up on the implementation of the Convention.
Questions by a Committee Expert
NAHLA HAIDAR, Committee Expert and Country Rapporteur for Bahrain, said Bahrain had made considerable human rights progress since its 2014 dialogue with the Committee. In light of the lack of a definition of discrimination in the Constitution, what would happen to the definition in the draft law? Did the definition proposed correspond to article 1 of the Convention? Ms. Haidar stressed the role of national human rights institutions; it was very important to recall the recommendations presented during the last dialogue. Reports had been received which stated that complaints went through the Interior Ministry, and standards of transparency needed to be adopted to support members of the State. What were the measures adopted and the complaints received by this body? What would be done to encourage women to submit complaints through the mechanism?
Responses by the Delegation
The delegation said there was a text within the Constitution which explicitly dealt with the definition of discrimination against women. There was an absolute law covering women’s rights to go to constitutional courts, and appeal against any discriminatory acts. Rape was criminalised in Bahrain. Article 353 was currently under revision by Parliament. Many international instruments and treaties had been ratified, including agreements on non-proliferation of nuclear weapons. Women in Bahrain had taken part in many conferences relating to disarmament, and in the Women Arab Network for Peace and Security. Bahrain had submitted a resolution to the Human Rights Council to integrate women in all peace missions.
Regarding the national rights institution in Bahrain, the delegation said the institution was financially independent. It had a budget allocated and money was spent without intervention from any ministry. It was totally independent from the civil service entity. The national human rights institution received complaints on human rights and referred them to relevant entities for follow-up. Some complaints were referred to the Ministry of Interior for further action. There was no timeline to withdraw reservations from article 2, paragraph 9, as this was linked to the amendment of the Nationality Act.
Questions by Committee Experts
NAHLA HAIDAR, Committee Expert and Country Rapporteur for Bahrain, said it was not clear if there was an intention to develop a national plan pertaining to women, peace and security in Bahrain. If this did not happen, civil society would stay outside such an initiative and would not be part of the agenda on women, peace and security. Was there any commitment pertaining to the legislative amendment framework?
A Committee Expert reminded Bahrain that sovereign States could not invoke domestic law to justify non-compliance with international conventions. The State party should seriously consider removing these reservations.
Responses by the Delegation
The delegation said the issue of women and peace and security was complicated. Bahraini women were encouraged to take part in training sessions for peace keeping missions. A resolution on women, peace and security had been submitted to the Human Rights Council by Bahrain, and the State wanted to update all relevant indicators to ensure the focus would not be lost when implementing the resolution. There had been serious thoughts about reformulating reservations, and civil society had been consulted. This was as far as the Government had gone until now.
Questions by Committee Experts
A Committee Expert commended the launch of the National Action Plan for Bahraini women and its extension. What were the major policies which were endorsed in relevance to the national strategy? Did the State party intend to launch a mid-term review of the plan? Would there be a new plan? To what extent were the Convention articles considered within the new plan? What measures was the State party taking to increase cooperation with non-governmental organizations, women with disabilities and youth?
Another Expert congratulated Bahrain on the success achieved in progressing towards equality. The Expert advised that temporary special measures were used to reduce gaps between men and women, and to ensure equality in all walks of life.
Responses by the Delegation
The delegation said a series of strategies focused on women’s participation in the future sciences. The National Plan for Bahraini Women had been finalised and 65 per cent of the targets planned out 10 years ago were reached. The National Plan was extended to 2026, with the goal of fulfilling the remaining targets and ensuring the sustainability of efforts made during the pandemic. The Women’s Support Centre received requests from the Bahraini Council.
Questions by Committee Experts
A Committee Expert commended the Government for its efforts in addressing traditional gender stereotypes. The family law set the minimum age of marriage at 16 for both spouses, with younger girls allowed to marry in exceptional circumstances. Could information on child marriages be provided? What exceptions were granted which allowed girls to marry under the age of 16? How old were the husbands in these cases? Would measures be considered to outlaw and criminalise child marriage? What was being done to discourage polygamous marriages? Did the State party conduct research to understand the prevalence of forced marriage? What were the number of rape charges discontinued due to the marriage of the culprit to the victim? Did the State party explicitly intend to criminalise marital rape, and decriminalise adultery?
One Committee Expert asked why cases reported by female migrant workers were not prosecuted as trafficking offences? Why were cases of passport retention not prosecuted? What measures had been taken by the State party to ensure that victims of trafficking felt comfortable reporting their cases to authorities? The Committee welcomed the reinstation of the committee to combat trafficking. Could information be provided on the progress of the creation of the national action plan? Were there plans to decriminalise selling sexual services?
Responses by the Delegation
The delegation said the Family Code adopted in Bahrain was a major development that was discussed in Parliament. Marital age had been set at 16, and children below 16 could not marry unless they had the approval of their families. Although marital age was set at 16, the average age of marriage was 24 for women and 27 for men in practice. Polygamy was governed by Islamic Sharia under current provisions. The husband needed to indicate the number of wives he had wed. Forced marriages did not exist in Bahrain, and the same held true for female genital mutilation.
Bahrain had made progress in combatting human trafficking under classifications adopted by the United Nations. The law protected against all violations. Taking passports away was a crime. Statistics existed on human trafficking, particularly women who were victims or who might be victims. There were 111 cases and investigations which took place between 2021 and 2022. Prostitution was criminalised in Bahrain. At times there were situations of exploitation, which could extend to human trafficking. If a woman was practicing prostitution, this was criminalised. Bahrain was making efforts to combat forced labour. Centres had been established for the protection of migrant workers. These were devoted to people who were victims of human trafficking, and workers who were victims of forced labour. A hotline was available in multiple languages for people to request assistance and submit complaints. In 2019, the system for the protection of salaries of migrants was adopted. Bahrain was working on prevention before protection. There were inspections to ensure migrants were not victims of forced labour.
The Centre for the Protection of Migrant Workers had been making every effort to recover passports when complaints were lodged. Over 7,000 workers had been able to recover their passports between 2018 and 2022. The delegation said if a husband raped his wife, the woman may lodge a complaint, and would receive access to court hearings and indemnities. Self-defence could not be used by a husband as a mitigating circumstance or excuse to reduce the penalty. There had been a 30 per cent decrease between 2016 and 2021 in conjugal violence. Female officers dealt with these cases through mediation and reconciliation.
Questions by Committee Experts
A Committee Expert asked about the population in shelters, as these questions were not answered. Why was it that in only one in 4,000 cases did the retention of passports lead to prosecution?
Another Committee Expert asked if Bahrain had a set of laws to protect women from all kinds of domestic violence? If this did not exist, would such laws be drafted in very clear terms? How were perpetrators held accountable for violence?
One Committee Expert said the formulation of the 10-year National Action Plan was worthy of recognition. Bahrain currently enjoyed the highest women’s literacy rates in the Gulf region which was a commendable achievement. Had the National Action Plan for the Advancement of Women’s Status been evaluated? What was the proportion of students who graduated from science, technology, engineering and math, who were employed in jobs matching their curriculum? What impact had the pandemic had on women’s education?
A Committee Expert commended the State party for amending its social insurance law and for increasing the retirement age of women from 55 to 60. Migrant workers constituted half of the population, but they were not covered by social insurance. How was the pension fund allocated for widows? What efforts were made to ensure that women with disabilities were part of the quota system when it came to employment? What financial inclusion and mobile banking programmes were put in place for women with disabilities?
Another Expert welcomed the positive steps Bahrain had taken to promote women’s rights, as well as the data provided. The Citizenship Act was concerning as it discriminated against Bahraini women’s right to transmit their nationality to their children. What was the status of the proposed amendment of the Citizenship Act? Did the proposed amendment give children born to Bahraini women automatic citizenship, and ensure women had the right to transmit their nationality to their child on an equal basis with men? How was it ensured that all children in Bahrain obtained birth certificates and residency permissions? Would the State party accede to the Convention on statelessness?
Responses by the Delegation
The delegation said a bill was being reviewed by Parliament, and the alignment between the sovereignty of the State and the rights of children and their nationality was being examined. A timeline could not yet be provided. Children born to Bahraini women who had married a non-Bahraini were guaranteed an enjoyment of rights. This had been improved. Bahrain had gone a long way with two pieces of legislation. A legislative text had been adopted which gave the Interior Ministry the right to order a travel document for a stateless person to facilitate their travel and handle their situation. A child would acquire Bahraini nationality if they were born to a Bahraini mother and an unknown father. A child born to unknown parents on Bahraini territory would also acquire Bahraini nationality. If a domestic worker gave birth to a child out of wedlock and the father was unknown, a notification would be received from the hospital to allow for the child to benefit from childcare. The child and the mother would then be granted a residency visa.
Questions by a Committee Expert
A Committee Expert asked what steps would Bahrain take to ensure parity at all levels of public life? Could the State assure the Committee of its determination to move forward in making Bahraini society more inclusive? When implementing the Sustainable Development Goals, were women involved at all levels? A national plan in this area would be highly opportune.
Responses by the Delegation
The delegation said there was no impediment for women to participate in all aspects of public life. Developments had been made for women regarding legislative aspects; women could now be speakers in Parliament. The development of the status of women was a journey. From a societal point of view, Bahrain was trying to allow women and men to keep going forward. Women were evolving and developing, as were the institutions, including Parliament. There were 22 female judges in Bahrain, 14 of whom occupied decision-making positions.
Questions by Committee Experts
A Committee Expert said the Constitution created a theoretical legal framework, with gaps which needed to be filled. The women, peace and security plan should be formalised; this would be helpful to Bahrain.
Another Committee Expert asked if the State party had any plan to repeal article 56 of the family law? What was being done to combat perceived gender roles in the family and society? Were there plans to better assess, monitor and combat gender-based violence and harassment at the workplace? What measures were being taken to effectively implement the Labour Code? What steps did the State party intend to take to enhance the rights of women migrant domestic workers? Were there plans to undertake data collection to better understand the vulnerabilities of women migrant domestic workers? Did the State party intend to ratify International Labour Organization Convention 189?
One Committee Expert asked what was being done to enhance access to family planning methods and contraception for women and girls? How was sexuality education imbedded in the school curriculum? Did the State party intend to amend its Penal Code and de-criminalise abortion? Would cases of serious foetal malformation or pregnancies arising from incest or rape be permitted as grounds for abortion?
Responses by the Delegation
The delegation said the family law was an additional achievement in Bahrain and was based on Islamic Sharia. Pregnancy was defined as a joint decision to be taken by the husband and the wife. No woman could prevent any case of pregnancy without her husband’s knowledge. There was no text in the law that prevented access to contraception. These were available in all pharmacies and could be sold to women without the approval of their husband. A wife could leave her house to work and run errands without any authorisation. A husband could not prevent his wife from working. A new law was under examination, which would allow abortion in cases of foetal malformation and other issues concerning the foetus. Bahrain had a national health plan which provided services to mothers and children. Many initiatives were carried out by health workers to reduce infant mortality rates. Programmes had been established on health in schools, as well as those which aimed to promote the role of the family as a pillar of society.
Articles 30 and 32, which stipulated that some professions could not be practiced by women, had been amended. An employment contract guaranteed the rights of migrant workers, including paid holidays and other benefits. The society for the protection of migrant workers provided legal advice and social and legal services to foreign and domestic workers.
Questions by Committee Experts
A Committee Expert said none of the questions on article 12 on health had been answered and asked for responses.
Another Committee Expert said a communication had been sent to Bahrain in 2019 on the situation of human rights defenders. The Committee remained concerned about the shrinking space for female human rights defenders. What measures had the State party put in place to support women human rights defenders to participate fully and equally in public life? What measures had Bahrain taken to prevent the occurrence of violations? How were perpetrators held accountable? How did Bahrain hope to include the protection of human rights defenders within the national action plan? Could information on prison conditions be provided? What measures had been put in place to address custodial violence? What steps were being taken to permit the freedom of assembly for human rights defenders?
Responses by the Delegation
The delegation said Bahrain could not turn a blind eye to human rights abuses. A dedicated office had been created to protect the rights of women and children. Instruments were in place for people who were victims of abuse. The International Committee of the Red Cross was permitted to visit places of detention, as well as organise training sessions on human rights and international humanitarian law. Detainees had a right to seek intervention from authorities to ensure their requests were received. The rights of women detainees who were mothers was guaranteed. Any detainee who wished to submit a grievance could do so via the grievances’ unit. Interviews could be conducted with detainees who had submitted grievances, and the cases would then be referred to the relevant authorities.
Questions by Committee Experts
NAHLA HAIDAR, Committee Expert and Country Rapporteur for Bahrain, said Bahrain should re-examine article 43 of the law on associations and ensure it was not politically tinged. The political past of some women should not disqualify them from becoming candidates.
A Committee Expert said there was no internal dialogue that might lead to the interpretation of Sharia law in ways that were less discriminatory towards women. What were the number of hotline calls related to family law? Were there any professional roles that women could take in cases handling divorce? Was the testimony of a woman equal to a man? Was there legal aid available for women in divorce cases? Could data be provided on the number of cases where sole custody was awarded to the mother? Could children born to a migrant worker father sue for support?
Responses by the Delegation
The delegation said the family law clearly stipulated issues relating to guardianship. In cases of separation or divorce, custody was awarded to the mother, taking into account the best interests of the child. There were clearly defined sanctions for those who engaged in domestic violence. The Supreme Council received complaints pertaining to family disputes and intervened to secure the stability of the family. Family mediation services had been very beneficial and were becoming more popular. These allowed the settlement of family disputes outside the courts. In Islamic Sharia there were clear conditions for the testimonies of women. Regarding financial situations, the testimony of a woman was equal to that of a man. The doors were not closed in Bahrain; the impact of the family law was constantly being examined. Sixty per cent of lawyers in Bahrain were women, and a large number of women worked in the various courts and tribunals which examined family disputes.
Closing Remarks
HALA BINT MOHAMMED JABER AL ANSARI, Secretary-General of the Supreme Council for Women of Bahrain and head of the delegation, thanked the Committee for their patience and interest in Bahrain’s efforts to implement the Convention. The delegation looked forward to being present in person in Geneva at the next review.
ANA PELÁEZ NARVÁEZ, Chair of the Committee, thanked the delegation for the constructive dialogue which had provided further insight into the situation of women and girls in Bahrain. The Committee commended the State party for its efforts and encouraged Bahrain to take all steps to address the recommendations of the Committee.
YUSUF ABDULKARIM BUCHEERI, Permanent Representative of Bahrain to the United Nations Office at Geneva, thanked the Committee and the delegation for the discussion, which was a golden opportunity for Bahrain to hear comments and input from the Committee. Bahrain welcomed the fruitful and interactive dialogue and looked forward to the Committee’s recommendations.
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