BAHRAIN 2020 HUMAN RIGHTS REPORT

Country Reports on Human Rights Practices for 2020

United States Department of State • Bureau of Democracy, Human Rights and Labor

EXECUTIVE SUMMARY

Bahrain is a constitutional, hereditary monarchy. King Hamad Bin Isa Al Khalifa,

the head of state, appoints the cabinet, consisting of 24 ministers; 12 of the

ministers were members of the al-Khalifa ruling family. The king, who holds

ultimate authority over most government decisions, also appoints the prime

minister--the head of government--who does not have to be a member of

parliament. Parliament consists of an appointed upper house, the Shura

(Consultative) Council, and the elected Council of Representatives, each with 40

seats. The country holds parliamentary elections every four years, and according

to the government, 67 percent of eligible voters participated in the most recent

elections, held in 2018. Two formerly prominent opposition political societies, al-

Wifaq and Wa’ad, did not participate in the elections due to their dissolution by the

courts in 2016 and 2017, respectively. The government did not permit

international election monitors. Domestic monitors generally concluded

authorities administered the elections without significant procedural irregularities.

The Ministry of Interior is responsible for internal security and oversees the

civilian security force and specialized security units responsible for maintaining

internal order. The Coast Guard is also under its jurisdiction. The Bahrain

Defense Force is primarily responsible for defending against external threats, while

the Bahrain National Guard is responsible for both external and internal threats.

Civilian authorities maintained effective control over the security forces. Members

of the security forces committed some abuses.

Significant human rights issues included: torture and cases of cruel, inhuman, or

degrading treatment or punishment; harsh prison conditions, including lack of

sufficient access to medical care in prisons; arbitrary detention; political prisoners;

arbitrary or unlawful interference with privacy; restrictions on freedom of

expression, the press, and the internet, including censorship, site blocking, criminal

libel, and arrests stemming from social media activity; substantial interference with

the rights of peaceful assembly and freedom of association; overly restrictive laws

on independent nongovernmental organizations; restrictions on freedom of

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movement, including revocation of citizenship; restrictions on political

participation; and significant restrictions on workers’ freedom of association.

The government prosecuted low-level security force members responsible for

human rights violations, following investigations by government institutions.

Nongovernmental human rights organizations claimed investigations were slow

and lacked transparency.

Section 1. Respect for the Integrity of the Person, Including

Freedom from

a. Arbitrary Deprivation of Life and Other Unlawful or Politically

Motivated Killings

There were no reports that government security forces committed arbitrary or

unlawful killings during the year.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or

unishment

The constitution prohibits “harm[ing] an accused person physically or mentally.”

Domestic and international human rights organizations, as well as detainees and

former detainees, maintained that torture, abuse, and other cruel, inhuman, or

degrading treatment or punishment by government security officials continued

during the year.

Human rights groups reported accounts alleging security officials beat detainees,

placed detainees in stress positions, humiliated detainees in front of other

prisoners, deprived detainees of time for prayers, and insulted detainees based on

their religious beliefs.

Detainees reported that security forces committed abuses during searches, arrests at

private residences, and during transportation. Detainees reported intimidation,

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such as threats of violence, took place at the Criminal Investigation Directorate

(CID) headquarters facility. Some detainees at the CID reported security officials

used physical and psychological mistreatment to extract confessions and

statements under duress or to inflict retribution and punishment.

Human rights groups reported authorities subjected children, sometimes younger

than age 15, to various forms of mistreatment, including beating, slapping, kicking,

and verbal abuse. The law considers all persons older than 15 to be adults.

Human rights organizations and families of inmates also reported authorities

denied medical treatment to injured or ill detainees and prisoners. In November

the family of 70-year-old Hasan Mushaima, a prominent leader of a dissolved

political society serving a life sentence in prison since 2011, reported that his

health was deteriorating and was transferred to a Bahrain military hospital for

treatment and then returned to prison after six hours. International human rights

organizations reported Professor Khalil al-Halwachi, who has been serving a 10-

year sentence since 2014 on weapons charges, was not receiving adequate medical

treatment in Jaw Prison.

The Ministry of Interior denied torture and abuse were systemic. In response to a

family’s claim that their father was not receiving medical attention, the Ministry of

Interior stated that inmates receive full health-care services and medication under

the law and in line with humanitarian standards. The government reported all

prisons, detention facilities, and interrogation rooms at local police stations and the

CID were equipped with closed-circuit television cameras that monitored the

facilities at all times.

The Special Investigation Unit (SIU), part of the Public Prosecutor’s Office in the

Ministry of Justice, Islamic Affairs, and Endowments, reported receiving 33

complaints in the first quarter of the year and 10 complaints during the second

quarter of the year alleging torture, mistreatment, and excessive force used by

members of the police. As of May the SIU referred one officer to the Military

Court for unknown charges of abuse. The officer received a disciplinary action as

a result.

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The Ministry of Interior’s Ombudsman’s Office reported it investigated all

complaints and made recommendations to the government to address concerns. In

the first quarter of the year, the office had four investigations underway into

complaints against police directorates and had referred eight cases to criminal or to

disciplinary proceedings. Fifteen complaints were submitted against the CID; 12

were under investigation. Two complaints each were submitted against the Traffic

Directorate and the Customs Affairs. One complaint was submitted against the

Coast Guard and was referred for criminal or disciplinary proceedings.

The Office of the Ombudsman’s sixth annual report, released in October 2019,

reported 289 complaints and 778 assistance requests between May 2018 and April

2019 from alleged victims of mistreatment by police and civilian staff, or from

victims’ families or organizations representing their interests. Of these complaints,

70 were referred to the relevant disciplinary body, including police administrative

hearing “courts” and the Public Prosecutor’s Office, 28 were under investigation,

and 50 were resolved or not upheld. The ombudsman reported receipt of 43

complaints against the CID, of which seven cases were referred for criminal or

disciplinary proceedings, and 86 complaints against Jaw Prison, of which 40 cases

were referred for criminal or disciplinary action. The ombudsman referred seven

of the cases against the CID and 40 against Jaw Prison for criminal or disciplinary

procedures; 12 and 15 additional cases were under investigation, respectively.

Zakeya al-Barboori, one of the only remaining female political prisoners who was

arrested in 2018, and her family formally submitted complaints to NIHR and the

Ombudsman’s Office about her treatment in prison, after the king’s 2019 royal

decree restored Bahraini citizenship to al-Barboori and 550 other individuals.

Impunity was not a significant problem in the security forces. The Ministry of

Interior police code of conduct requires officers to abide by 10 principles,

including limited use of force and zero tolerance for torture and mistreatment. The

Royal Police Academy included the police code of conduct in its curriculum,

required all recruits to take a course on human rights, and provided recruits with

copies of the police code of conduct in English and Arabic. The ministry reported

it took disciplinary action against officers who did not comply with the code,

although it did not publish details of such steps.

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Prison and Detention Center Conditions

Human rights activists reported conditions in prisons and detention centers were

harsh and sometimes life threatening, due to overcrowding, physical abuse, and

inadequate sanitary conditions and medical care.

Physical Conditions: Human rights organizations and prisoners reported gross

overcrowding in detention facilities, which placed a strain on prison administration

and led to a high prisoner-to-staff ratio. The Bahrain Institute for Rights and

Democracy (BIRD) reported Building 13 of Jaw Prison housed inmates at 30

percent over capacity. Prisoners complained of limited time for outdoor activities,

which did not exceed one hour and a half per day. In August inmates in Building

14 undertook a hunger strike to protest religious discrimination, lack of access to

medical facilities, and limits on family visitation due to COVID-19-related

restrictions.

For humanitarian reasons in response to the COVID-19 pandemic, on March 12,

the king pardoned 901 prisoners, and on May 23, he pardoned and released 154

more to mark Ramadan; these releases followed a December 2019 pardon of 268

prisoners. Most of those were juveniles, patients who needed special care, and

foreigners. The remaining 585 inmates, who had served half of their jail terms,

reportedly received noncustodial sentences.

In December the minister of justice, Islamic affairs, and endowments announced

that 4,208 prisoners had either been pardoned and released or granted noncustodial

sentences under the country’s alternative sentencing law since 2017 and all

juvenile inmates were released, in part due to concerns about overcrowding and

COVID-19.

Although the government reported potable water was available for all detainees,

there were reports of lack of access to water for washing, lack of shower facilities

and soap, and unhygienic toilet facilities. On August 10, BIRD reported that Jaw

Prison and Dry Dock detected a scabies outbreak due to poor hygiene practices

during the COVID-19 pandemic.

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Human rights organizations reported food was adequate for most prisoners;

however, prisoners needing dietary accommodations due to medical conditions had

difficulty receiving special dietary provisions.

Authorities held detainees younger than age 15 at the Juvenile Care Center;

criminal records are expunged after detainees younger than 15 are released.

The government housed convicted male inmates between ages 15 and 21 in

separate buildings located on the grounds of the Dry Dock Facility. The Ministry

of Interior separated prisoners younger than 18 from those between the ages of 18

and 21. Upon reaching 21, prisoners enter the general population at Jaw Prison.

The Ministry of Interior reserved one ward in the pretrial detention center for the

elderly and special needs detainees. Officials reported they offered these detainees

special food, health care, and personal services to meet their needs.

The ministry operated a center for rehabilitation and vocational training, including

various educational, drug addiction, and behavioral programs. Activists said that

the programs lacked trained teachers and adequate supplies and that the

government did not allow some inmates to take national exams. According to the

minister of justice, Islamic affairs, and endowments, inmates released provisionally

under the country’s alternative sentencing law were allowed to work at government

offices, both in service and administrative positions, to complete the remainder of

their prison sentences. In December the minister confirmed to the National

Assembly that 22 government offices provide jobs and vocational training to

prisoners released under the program, in addition to nine private-sector companies

and civil society institutions.

Although the ministry reported detention centers were staffed with experienced

medical specialists and outfitted with modern equipment, prisoners needing

medical attention reported difficulty in alerting guards to their needs, and medical

clinics at the facilities were understaffed. Prisoners with chronic medical

conditions had difficulty accessing regular medical care, including access to

routine medication. Those needing transportation to outside medical facilities

reported delays in scheduling offsite treatment or very short stays in the hospital,

especially those needing follow-up care for complex or chronic conditions.

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In response to the COVID-19 pandemic, the ministry’s General Directorate of

Reformation and Rehabilitation stated it disinfected cells on a daily basis and

provided prisoners with medical kits and hygiene products. New inmates were

quarantined for 14 days before they joined the general prison population.

According to the government, eight prisoners died during the year; the cause of

death of seven was deemed a result of medical conditions and one a reported

suicide.

Administration: Authorities generally allowed prisoners to file complaints to

judicial authorities without censorship, and officials from the Ombudsman’s Office

were available to respond to complaints. Human rights groups reportedly

sometimes had to file multiple complaints to receive assistance. Prisoners had

access to visitors at least once a month, often more frequently, and authorities

permitted them 30 minutes of calls each week, although authorities denied

prisoners communication with lawyers, family members, or consular officials (in

the case of foreign detainees) at times. In response to the COVID-19 pandemic,

the Ministry of Interior’s General Directorate of Reformation and Rehabilitation

suspended family visits in March, replacing visits with video conferences between

detainees and their relatives beginning in April.

There were reports authorities denied prisoners access to religious services during

special commemorations, such as Ashura, and prayer time. Some detainees

reported prison officials limited time provided for Ashura rituals citing COVID-19

mitigation efforts, but the National Institution for Human Rights (NIHR), a

government human rights body monitoring complaints of human rights violations,

said inmates were given additional time to practice Ashura rituals in common

areas, adding no religious rituals were allowed in prison cells as a matter of general

policy.

Independent Monitoring: Authorities permitted access for the NIHR and the

Prisoners and Detainees Rights Commission (PDRC), as well as the Ombudsman’s

Office and the SIU (see section 5). International human rights organizations

questioned the independence and effectiveness of these organizations. During the

year the Ministry of Interior reported on the work of the Internal Audit and

Investigations Department, which received and examined complaints against

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security forces. According to its seventh annual report, the Ombudsman’s Office

received 207 complaints between May 2019 and April 2020, and it referred 23 of

the cases to the SIU for further action, 25 for security prosecution, and two cases to

the disciplinary committee. The office continued to investigate 21 cases. The

largest number of referred cases came from Jaw Prison and the CID. The

Ombudsman’s Office also received 683 assistance requests, which included

securing prison visits, telephone calls, medical services, or access to education.

Due to intermittent closures of government offices during the COVID-19

pandemic, the Ombudsman’s Office established a WhatsApp account and

continued to receive complaints via email.

During the fourth quarter of 2019, the SIU referred 12 suspects from Ministry of

Interior to the courts, including two senior officials, who were accused of

physically attacking inmates in Jaw Prison in April 2019. After a December 2019

hearing, the Lower Criminal Court convicted one prison guard to one year in

prison and sentenced five others to three months in prison. Two other prison

guards were referred to the ministry’s Military Court to receive disciplinary

sentences.

Improvements: Government officials reported the completion of three new Jaw

Prison buildings to phase out older facilities and better comply with international

standards, including the Istanbul Protocol.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention. Local and international

human rights groups reported that individuals were detained without being notified

at the time of the arrest of the legal authority of the person conducting the arrest,

the reasons for the arrest, and the charges against them. Human rights groups

claimed Ministry of Interior agents conducted many arrests at private residences

either without presenting an arrest warrant or presenting an inaccurate or

incomplete one. Government officials disputed these claims.

In 2017 King Hamad reinstated the arrest authority of the National Security

Agency (NSA), after it had been removed following criticism in the Bahrain

Independent Commission of Inquiry. On June 26, the king issued an order

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renaming the NSA as the National Intelligence Agency (NIA). There were no

reports of the NSA or NIA using its arrest authority during the year.

Arrest Procedures and Treatment of Detainees

The law stipulates law enforcement officers may arrest individuals without a

warrant only if they are caught committing certain crimes for which there is

sufficient evidence to press charges. Additionally, the code of criminal procedure

requires execution of an arrest warrant before a summons order to appear before

the public prosecutor. Local activists reported that police sometimes made arrests

without presenting a warrant and that the Public Prosecutor’s Office summoned

political and human rights activists for questioning without a warrant or court

order.

By law the arresting authority must interrogate an arrested individual immediately

and may not detain the person for more than 48 hours, after which authorities must

either release the detainee or transfer the person to the Public Prosecutor’s Office

for further questioning. The office is required to question the detainee within 24

hours, and the detainee has the right to legal counsel during questioning. To hold

the detainee longer, the office must issue a formal detention order based on the

charges against the detainee. Authorities may extend detention up to seven days

for further questioning. If authorities require any further extension, the detainee

must appear before a judge, who may authorize a further extension not exceeding

45 days. The High Criminal Court must authorize any extensions beyond that

period and any renewals at 45-day intervals. In the case of alleged acts of terror,

law enforcement officers may detain individuals for questioning for an initial five

days, which the Public Prosecutor’s Office may extend up to 60 days. A

functioning system of bail provides maximum and minimum bail amounts based

on the charges; however, judges often denied bail requests without explanation,

even in nonviolent cases. The bail law allows the presiding judge to determine the

amount within these parameters on a case-by-case basis.

Attorneys reported difficulty in gaining access to their clients in a timely manner

through all stages of the legal process. They reported difficulty registering as a

detainee’s legal representative because of arbitrary bureaucratic hurdles and lack of

official government notaries; arbitrary questioning of credentials by police; lack of

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notification of clients’ location in custody; arbitrary requirements to seek court

orders to meet clients; prohibitions on meeting clients in private; prohibitions on

passing legal documents to clients; questioning of clients by the Public

Prosecutor’s Office on very short notice; lack of access to clients during police

questioning; and lack of access to consult with clients in court. While the state

provides counsel to indigent detainees, there were reports detainees never met with

their state-appointed attorney before or during their trial.

According to reports by local and international human rights groups, authorities

held some detainees for weeks with limited access to outside resources. The

government sometimes withheld information from detainees and their families

regarding detainees’ whereabouts for days.

Arbitrary Arrest: Human rights groups reported the Ministry of Interior

sometimes arrested individuals for activities such as calling for and attending

protests and demonstrations, expressing their opinion either in public or on social

media, and associating with persons of interest to law enforcement. Some of these

detained individuals reported arresting forces did not show them warrants.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court:

There were reports that authorities sometimes delayed or limited an individual’s

access to an attorney. There were no reports of courts finding individuals to have

been unlawfully detained and recommending compensation. On May 18, the

Minister of Justice issued an order allowing defendants’ legal representatives to

attend court proceedings virtually if the defendant requested it.

e. Denial of Fair Public Trial

Although the constitution provides for an independent judiciary, political

opposition figures reported the judiciary remained vulnerable to political pressure,

especially in high-profile cases. The judiciary has two branches: the civil law

courts deal with all commercial, civil, and criminal cases, including family issues

of non-Muslims, and the family law courts handle personal status cases of

Muslims. Based on the Unified Family Law, the government subdivided family

court cases into Sunni and Shia sharia-based court proceedings. Some judges were

foreign citizens, serving on limited-term contracts subject to government approval

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for renewal and residence. The Supreme Judicial Council reported working with

the Judicial Legal Studies Institute to prepare, on average, 10 new Bahraini judges

per year, in an effort to increase their number. The Supreme Judicial Council is

responsible for supervising the work of the courts, including judges, and the Public

Prosecutor’s Office.

On June 15, the Court of Cassation upheld the death sentences of Zuhair Ebrahim

Jassim and Hussain Abdulla Khalil Rashid. Both were prosecuted on charges of

targeting security forces and killing a police officer in 2014.

On July 13, the Court of Cassation upheld the death sentences of Husain Moosa

and Mohammed Ramadan. Human rights groups claimed there was evidence of

torture during their interrogations. Following their 2014 convictions and death

sentences by the Court of Cassation, the SIU launched a review of allegations of

torture, and the Court of Cassation overturned the sentences based on the SIU’s

findings and called for a retrial. In January the Supreme Court of Appeals

convicted Moosa and Ramadan and reinstated their death sentences, which the

Court of Cassation upheld in July. There were 10 other detainees whose death

sentences had been upheld by the Court of Cassation in Bahrain.

Trial Procedures

The constitution presumes defendants are innocent until proven guilty. By law

authorities should inform detainees of the charges against them upon arrest. Civil

and criminal trial procedures provide for a public trial. A panel of three judges

makes the rulings. Defendants have the right to consult an attorney of their choice

within 48 hours (unless the government charges them pursuant to counterterrorism

legislation); however, there were reports that defendants and their lawyers had

difficulty getting police, public prosecutors, and courts to recognize or register

representation by an attorney. The government provides counsel at public expense

to indigent defendants. Plaintiffs are required to provide their own interpreters,

except in labor dispute cases, when the Ministry of Justice, Islamic Affairs, and

Endowments may provide assistance.

Defendants have the right to present witnesses and evidence on their behalf. While

defendants have the right to question witnesses against them, the judges may

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declare the questions to be irrelevant and prohibit a line of questioning without

providing reasoning. Prosecutors rarely present evidence orally in court but

provide it in written and digital formats to judges in their chambers. Defendants

are not compelled to testify or to confess guilt, and they have the right to appeal.

The government may try defendants in their absence, and at least 27 defendants

with terrorism-related charges were convicted and sentenced in absentia during the

year.

Family status law varied according to Shia or Sunni interpretations of Islamic law,

especially for women (see section 6). In 2017 the government codified a Unified

Family Law, which for the first time included a civil code for Shia family law.

According to supporters of the law, the unified civil code protects women’s rights,

in particular Shia women, from the imposition of arbitrary decisions by

unregulated clerics. Women’s rights groups reported the family courts granted

divorces more quickly and judicial decisions adhered to the new civil code.

In 2017 King Hamad also ratified a constitutional amendment that grants military

courts the right to try civilians accused of threatening the security of the state.

Media reported the government approved the amendment to better fight terrorist

cells, while activists claimed the change would jeopardize fair trial standards. The

government did not use this mechanism during the year.

Political Prisoners and Detainees

In November 2019 the Public Prosecutor’s Office announced the release of 75

prisoners, most of whom were considered political prisoners, under the country’s

alternative sentencing law. Prominent political opposition figures serving life

sentences did not benefit from application of the alternative sentencing law and

were held separately from the general prison population.

The alternative sentencing law was applied to the sentences of dozens considered

political prisoners, including female inmates, who were all released. The Bahrain

Center for Human Rights and opposition groups welcomed application of the

alternative sentencing law. In November 2019 human rights activist Ebtisam al-

Saegh posted a photograph with released prisoner Mujtaba al-Abbar and said he

was the first political prisoner to receive an alternative sentence.

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In June the government released prominent human rights activist and president of

Bahrain Center for Human Rights (BCHR) Nabeel Rajab, who was sentenced in

2018 to five years in prison on charges of “inciting hatred against the regime.”

Leader of the Amal opposition Society Khalil al-Halwachi was arrested in 2014,

convicted of “possession of a weapon” and “insulting the judiciary” in 2017, and

sentenced to 10 years in prison. Authorities refused to grant al-Halwachi an

alternative noncustodial sentence, and his family continued to call for his release

on humanitarian grounds amid concerns over his health.

During the year two persons were charged with “colluding” with Qatar and were

sentenced to three to five years in prison. This was the second time the

government charged citizens with “collusion,” following prior prosecutions of

three members of a dissolved political society.

Civil Judicial Procedures and Remedies

Citizens may submit civil suits before a court seeking cessation of or damages for

some types of human rights violations. In many such situations, however, the law

prevents citizens from filing civil suits against security agencies.

In cases where a person has no previous criminal history, is a minor, or is charged

with minor legal infractions, the law provides alternative penalties and measures to

reduce the number of inmates in detention centers and prisons. The government

reported using the alternative sentencing law for more than 4,000 convicts since

2017, according to the Minister of Justice, Islamic Affairs, and Endowments. They

were ordered to perform community service; pay their fines, debts, or both; or

participate in job training and rehabilitation classes. The law on minors prohibits

the imposition of prison terms on children, defined as younger than 15.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home,

or Correspondence

Although the constitution prohibits such actions, the government violated

prohibitions against interference with privacy, family, home, or correspondence.

Human rights organizations reported security forces sometimes entered homes

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without authorization and destroyed or confiscated personal property. The law

requires the government to obtain a court order before monitoring telephone calls,

email, and personal correspondence. Many citizens and human rights

organizations believed police used informant networks, including ones that

targeted or used children younger than 18.

Reports also indicated the government used computer programs to surveil political

activists and members of the opposition inside and outside the country.

According to local and international human rights groups, security officials

sometimes threatened a detainee’s family members with reprisals for the detainee’s

unwillingness to cooperate during interrogations and refusal to sign confession

statements.

Section 2. Respect for Civil Liberties, Including

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of speech and the press, “provided that the

fundamental beliefs of Islamic doctrine are not infringed, the unity of the people is

not prejudiced, and discord and sectarianism are not aroused.” The government

limited freedom of speech and the press through prosecution of individuals under

libel, slander, and national security laws that targeted citizen and professional

journalists.

Freedom of Speech: The law forbids any speech that infringes on public order or

morals. Speech is curtailed in both traditional media and social media. While

individuals openly expressed critical opinions regarding domestic political and

social issues in private settings, those who expressed such opinions publicly often

faced repercussions. During the year the government took steps against what it

considered acts of civil disobedience, which included critical speech. The penal

code allows penalties of no less than one year and no more than seven years of

imprisonment, plus a fine, for anyone who “offends the monarch of the Kingdom

of Bahrain, the flag, or the national emblem.” Defense attorney Abdulla al-

Shamlawi, who defended prominent opposition figures, including members of the

now banned opposition group al-Wifaq, was prosecuted for “defamation.” On

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September 14, an appeals court gave al-Shamlawi a six-month suspended sentence

for “inciting sectarianism.” The appeals court decision overturned the June 30

verdict of the High Criminal Court, which sentenced al-Shamlawi to eight months

in prison for “humiliating an Islamic sect” and “misusing a telecommunications

device.”

On August 25, the Court of Cassation upheld a one-year prison sentence against

Shia religious preacher Sheikh Abdul Mohsin Mulla Atiyya al-Jamri for a sermon

“disdaining a figure that is revered by a religious group,” according to the Public

Prosecutor’s Office.

On August 30, the Public Prosecutor’s Office arrested a Bahraini doctor for

defaming religious figures during a sermon, stating the sermon promoted violence

and sectarian sedition. Activists and rights groups claimed the sermon was

misinterpreted. The Public Prosecutor’s Office released the individual on

September 1 on bail, placed a travel ban on him, and referred his case to the court.

International and local NGOs reported police summoned approximately 10

individuals, including religious clerics, in the days leading up to and following the

Ashura religious rites--the most significant days of the Shia religious calendar.

Authorities reportedly summoned and interrogated these individuals for the content

of their sermons, and specifically for “inciting sectarian hatred.” Police held some

of them overnight; others were detained and released the same day; others

remained in custody for several days or weeks.

Freedom of Press and Media, Including Online Media: The government did

not own any print media, but the Ministry of Information Affairs and other

government entities exercised considerable control over privately owned domestic

print media.

The government owned and operated all domestic radio and television stations.

Audiences generally received radio and television broadcasts in Arabic and

English from stations based outside the country, including by satellite. The

Ministry of Information Affairs reviewed all books and publications prior to

issuing printing licenses. The Ministry of Justice, Islamic Affairs, and

Endowments also reviewed those books that discussed religion.

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Several journalists submitted suggested reforms for the draft National Action Plan

for Human Rights (see section 5).

Violence and Harassment: According to local journalists and human rights

groups, authorities sometimes harassed, arrested, or threatened journalists,

photographers, and “citizen journalists” active on social media due to their

reporting. Authorities claimed, however, that some individuals who identified

themselves as journalists and photographers were associated with violent

opposition groups and produced propaganda and recruiting videos for these groups.

International media representatives reported difficulty in obtaining visas to work as

journalists. The government brought criminal complaints against journalists who

worked without accreditation. In August 2019 the family of former member of

parliament Osama al-Tamimi, who had been critical of the ruling family on social

media, reported he was harassed by security forces and was reportedly under a

travel ban.

Censorship or Content Restrictions: Government censorship occurred. Ministry

of Information Affairs personnel actively monitored and blocked stories on matters

deemed sensitive, especially those related to sectarianism, national security, or

criticism of the royal family, the Saudi royal family, or the judiciary. Journalists

widely practiced self-censorship. Some members of media reported government

officials contacted editors directly and told them to stop publishing articles on

certain subjects.

The press and publications law prohibits anti-Islamic content in media and

mandates imprisonment for “exposing the state’s official religion to offense and

criticism.” The law states, “Any publication that prejudices the ruling system of

the country and its official religion can be banned from publication by a ministerial

order.”

Libel/Slander Laws: The government enforced libel and national security-related

laws restricting freedom of the press. The penal code prohibits libel, slander, and

“divulging secrets,” and it stipulates a punishment of imprisonment of no more

than two years or a fine. Application of the slander law was selective. The

Ministry of Interior reported the government fined or imprisoned 93 individuals for

“slander,” “libel,” or “divulging secrets” through April, compared with 172 cases

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in 2019. In addition, two persons were convicted of “insulting a government

institution,” and 582 were convicted of “misusing a telecommunications device.”

National Security: National security-related law provides for substantial fines

and prison sentences of at least six months for criticizing the king or inciting

actions that undermine state security, as well as fines for 14 related offenses.

Punishable activities include publicizing statements issued by a foreign state or

organization before obtaining ministry approval, publishing any reports that may

adversely affect the dinar’s value, reporting any offense against a head of a state

that maintains diplomatic relations with the country, and publishing offensive

remarks concerning an accredited representative of a foreign country due to acts

connected with the person’s position.

Internet Freedom

The government blocked access to some websites from inside the country,

including some opposition-linked websites. The government continued blocking

Qatar-funded web-based outlets, which it began after cutting relations with Qatar

in 2017, and other pan-Arab media outlets that were critical of Bahrain. Access to

overseas human rights groups reporting on human rights and political prisoners in

Bahrain and opposition-leaning news sites that were critical of the ruling family

and the government were blocked within the country. The government restricted

internet freedom and monitored individuals’ online activities, including via social

media, leading to degradation of internet and mobile phone services for some

neighborhoods and to legal action against some internet users.

In May 2019 the Ministry of Interior Cybersecurity Department announced it

would use applicable laws to charge social media users who followed accounts that

promote hatred and shared their posts. On August 26, the Cybersecurity

Department warned against sharing content from Lebanon-based and Iran-based

social media accounts that were linked with dissolved political societies al-Wifaq

and al-Wafa.

Several reports alleged the government monitored political and human rights

activists’ social media accounts and electronic communications.

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Defense attorney Abdulla Hashim was charged with misusing social media and

publishing “fake news” for eight tweets between 2017 and 2019 highlighting

government corruption. At year’s end his case was awaiting an appeal verdict, and

he was facing two years in prison for tweets critical of corruption, impunity, and

establishing diplomatic ties with Israel.

Political and human rights activists reported being interrogated by security forces

regarding their postings on social media. They sometimes reported repeated

interrogations that included threats against their physical safety and that of their

families, threats against their livelihood, and threats of denial of social services

such as housing and education. Several activists reported shutting down or

deciding to cease posting to their social media accounts because of the threats.

Academic Freedom and Cultural Events

The government restricted academic freedom and cultural events. Some academics

engaged in self-censorship, avoiding discussion of contentious political issues. In

January the Ministry of Interior summoned historian Jassim Hussain al-Abbas for a

speech he gave at a conference in which he discussed the history of mosques in the

country and alluded to Shia rulers before the first al-Khalifa emir.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the rights of assembly and association, but laws and

the government restricted these rights.

Freedom of Peaceful Assembly

The constitution provides for the right of free assembly, but a number of laws

restrict the exercise of this right. The Ministry of Interior maintained a prohibition

on public demonstrations for the fifth year, stating the purpose was to maintain

public order in view of sectarian attacks in the region. According to the

government, there were no applications submitted to hold a demonstration or

protest during the year.

The law outlines the locations where functions are prohibited, including in areas

close to hospitals, airports, commercial locations, security-related facilities, and

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downtown Manama. The General Directorate of the Police may prevent a public

meeting if it violates security or public order, or for any other serious reason. The

law states that mourners may not turn funeral processions into political rallies and

that security officials may be present at any public gathering.

According to the law, the Ministry of Interior is not obligated to justify why it

approves or denies requests to allow protests. The penal code penalizes any

gathering “of five or more individuals” that is held for the “purpose of committing

crimes or inciting others to commit crimes.” Legal experts asserted authorities

should not be able to prevent demonstrations in advance based on assumptions that

crimes would be committed. Authorities prohibited the use of vehicles in any

demonstration, protest, or gathering unless organizers obtained special written

permission from the head of public security.

The law states every public gathering shall have a committee consisting of a head

and at least two members. The committee is responsible for supervising and

preventing any illegal acts during the function. Organizers of an unauthorized

gathering face prison sentences of three to six months. The sentence for

participating in an illegal gathering ranges from one month to two years in prison.

Authorities gave longer sentences for cases where demonstrators used violence in

an illegal gathering. During the year the Public Prosecutor’s Office stated there

were 374 individuals arrested for violent gatherings, 346 of whom were convicted.

The law regulates election campaigning and prohibits political activities at worship

centers, universities, schools, government buildings, and public institutions. The

government did not allow individuals to use mosques, maatams (Shia religious

halls), or other religious sites for political gatherings.

The government did not prevent small, nonviolent opposition demonstrations that

occurred in traditional Shia villages that often protested government policies or

were intended to show solidarity with prisoners. Police reportedly broke up some

of these protests with tear gas, however. While groups participating in these

protests often posted photographs on social media of these events, participants

were careful to hide their faces due to fear of retribution.

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Freedom of Association

The constitution provides for freedom of association, but the government limited

this right. The government required all groups to register--civil society groups and

labor unions with the Ministry of Labor and Social Development and political

societies with the Ministry of Justice, Islamic Affairs, and Endowments. The

government decides whether a group is social or political in nature, based on its

proposed bylaws. The law prohibits any activity by an unlicensed society, as well

as any political activity by a licensed civil society group. A number of unlicensed

societies were active in the country (see section 3).

A civil society group applying for registration must submit its bylaws signed by all

founding members, together with minutes of the founding committee’s meetings

containing the names, professions, places of residence, and signatures of all

founding members. The law grants the Ministry of Labor and Social Development

the right to reject the registration of any civil society group if it finds the society’s

services unnecessary, already provided by another society, contrary to state

security, or aimed at reviving a previously dissolved society. Associations whose

applications authorities rejected or ignored may appeal to the High Civil Court,

which may annul the ministry’s decision or refuse the appeal.

Nongovernmental organizations (NGOs) and civil society activists asserted the

ministry routinely exploited its oversight role to stymie the activities of NGOs and

other civil society organizations. Local NGOs asserted officials actively sought to

undermine some groups’ activities and imposed burdensome bureaucratic

procedures on NGO board members and volunteers. The Ministries of Justice and

Interior must vet funding from international sources, and authorities sometimes did

not authorize it.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at

https://www.state.gov/religiousfreedomreport/

d. Freedom of Movement

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The constitution provides for freedom of internal movement, foreign travel,

emigration, and repatriation. The government did not always respect these rights.

Foreign Travel: The law provides that the government may reject for “reasonable

cause” applications to obtain or renew passports, but the applicant has the right to

appeal such decisions before the High Civil Court. Individuals, including citizens

of other countries, reported authorities banned them from travel out of the country

due to unpaid debt obligations or other fiduciary responsibilities with private

individuals or with lending institutions, as well as for open court cases. The

government maintained an online website during the year that allowed individuals

to check their status before they traveled, although some persons reported the

website was not a reliable source of information. Authorities relied on

determinations of “national security” when adjudicating passport applications.

During the year the government lifted 37 of 87 travel bans against citizens who

were previously restricted from leaving the country.

Exile: There were no reports the government prohibited the return of individuals

whom the government considered citizens. The government, however, prohibited

the return of those whose citizenship it formally revoked, or those it no longer

considered citizens.

Citizenship: The government may revoke citizenship in both criminal and

political cases, including for natural-born citizens. Authorities maintained the

revocation of citizenship of some opposition political and religious figures. The

government did not consider whether individuals may become stateless by these

actions. At times it threatened to halt payments of pensions or remove families

from government-assisted housing if the head of household lost his citizenship.

Some family members, especially women and minor children, reported difficulties

renewing their passports and residence cards and obtaining birth certificates for

children. The government did not report how many persons had their citizenship

revoked during the year; international human rights NGOs placed the total number

at more than 700 since 2012. On August 12, the Court of Cassation reversed the

revocation of citizenship of three defendants who were sentenced to life in prison

for setting the Sitra Police Station alight in 2017. The Public Prosecutor’s Office

asserted the three defendants were connected to a dissolved political society.

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e. Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The government generally cooperated with the Office of the UN High

Commissioner for Refugees and other humanitarian organizations in providing

protection and assistance to refugees, asylum seekers, stateless persons, and other

persons of concern.

In October the government and the UN high commissioner for refugees signed a

memorandum of understanding on data sharing and information exchange with the

stated goal of supporting refugees in the Middle East.

Access to Asylum: The law does not provide for the granting of asylum or

refugee status, and the government has not established a system for providing

protection to refugees. The government at times provided protection against the

expulsion or return of refugees to countries where their lives or freedom would be

threatened on account of their race, religion, nationality, membership in a

particular social group, or political opinion; however, protection was mostly

limited to those who had been able to obtain and maintain employment in the

country. Such individuals generally had access to health care and education

services while employed but were at risk of deportation if they became

unemployed or if their country of origin revoked their passports. The United

Nations Office of the High Commissioner for Refugees reported that as of

December, there were 256 refugees and 56 asylum-seekers registered with the

agency.

g. Stateless Persons

Individuals generally derive citizenship from the father, but the king may confer or

revoke it. Since the government considers only the father’s citizenship when

determining citizenship, it does not generally grant children born to a non-Bahraini

father citizenship, even if they were born in the country to a citizen mother (see

section 6, Children). Likewise, the government does not provide a path to

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citizenship for foreign men married to Bahraini women, unlike the process by

which foreign women married to Bahraini men may become citizens. Human

rights organizations reported these laws resulted in stateless children, particularly

when the foreign father was unable or unwilling to pursue citizenship from his

country of origin for his children, or when the father himself was stateless,

deceased, or unknown. It was unknown how many stateless persons resided in the

country. Stateless persons had limited access to social services, education, and

employment. There were reports authorities refused applications for birth

certificates and passports for children whose Bahraini fathers were in prison

because the fathers were not able to submit the applications in person (see section

6, Children).

The government charged individuals whose citizenship it revoked with violating

immigration law.

Section 3. Freedom to Participate in the Political Process

Citizens have limited ability to choose their government and their political system.

The constitution provides for an elected Council of Representatives, the lower

house of parliament. The constitution permits the king to dissolve the Council of

Representatives, but it requires that he first consult the chairpersons of the upper

and lower houses of the parliament as well as the head of the Constitutional Court.

The king cannot dissolve the Council of Representatives for the same reasons more

than once. The king also has the power to amend the constitution and to propose,

ratify, and promulgate laws.

Elections and Political Participation

Recent Elections: Approximately 67 percent of eligible voters participated in

parliamentary elections held in 2018, according to government estimates.

The government did not permit international election monitors. Domestic monitors

generally concluded that authorities administered the elections without significant

irregularities. Some observers expressed broader concerns regarding limitations on

freedom of expression and association as well as continued concerns over voting

district boundaries. The dissolution of the country’s principal opposition societies

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and laws restricting their former members from running for office, the absence of

an independent press, and the criminalization of online criticism created a political

environment that was not conducive to free elections, according to Human Rights

Watch.

Political Parties and Political Participation: The government did not allow the

formation of political parties, but some “political societies” developed political

platforms, held internal elections, and hosted political gatherings. In 2017 the

government dissolved the two most prominent opposition political societies, al-

Wifaq and Wa’ad, through legal actions.

To apply for registration, a political society must submit its bylaws signed by all

founding members, a list of all members and copies of their residency cards, and a

financial statement identifying the society’s sources of funding and bank

information. The society’s principles, goals, and programs must not run counter to

sharia or national interest, as interpreted by the judiciary, nor may the society base

itself on sectarian, geographic, or class identity. A number of societies operated

outside these rules, and some functioned on a sectarian basis.

The government authorized registered political societies to nominate candidates for

office and to participate in other political activities. The law bans practicing

clerics from membership in political societies (including in leadership positions)

and involvement in political activities, even on a voluntary basis.

Political societies are required to coordinate their contacts with foreign diplomatic

or consular missions, foreign governmental organizations, or representatives of

foreign governments with the Ministry of Foreign Affairs, which may elect to send

a representative to the meeting. Although this requirement was enforced in the

past, there were no reports of the government enforcing the order during the year.

Participation of Women and Members of Minority Groups: No laws limit

participation of women or members of minority groups in the political process, and

women did participate. In the 2018 elections, six women won seats in the 40-

member Council of Representatives, doubling the number of women, and the body

elected its first female speaker in that year. The royal court appointed nine women

during the year to the Shura Council, the appointed 40-member upper house, and

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the prime minister appointed a woman to the 26-seat cabinet. Approximately 9

percent of judges were women, including the deputy chief of the Court of

Cassation. Two women in the police force held the rank of brigadier general and

general director.

Shia and Sunni citizens have equal rights before the law, but Sunnis dominated

political life; the majority of citizens are Shia. In 2018, 11 Shia candidates were

elected to the Council of Representatives. The appointed Shura Council included

19 Shia members, one Jewish member, and one Christian member. Five of the 24

appointed cabinet ministers were Shia citizens, including one of five deputy prime

ministers.

Section 4. Corruption and Lack of Transparency in

Government

The law provides criminal penalties for conviction of official corruption, but the

government did not implement the law adequately, and some officials reportedly

engaged in corrupt practices. The law subjects government employees at all levels

to prosecution if they use their positions to engage in embezzlement or bribery,

either directly or indirectly. Penalties may be up to 10 years’ imprisonment. The

General Directorate of Anticorruption and Economic and Electronic Security held

workshops for various ministries throughout the year.

Corruption: The National Audit Office is responsible for combating government

corruption. The Government Executive Committee, chaired by the crown prince,

reviews any violations cited in the office’s annual report. In October 2019 the

government released the office’s annual report, and the government released some

findings to the public; however, the full report was not published or made available

online. The government reported that four officials were prosecuted for corruption

and bribery-related charges. Their cases were pending as of April.

Significant areas of government activity, including the security services and the

Bahrain Defense Force, lacked transparency, and the privatization of public land

remained a concern among opposition groups.

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Financial Disclosure: The law does not require government officials to make

financial disclosures.

Section 5. Governmental Attitude Regarding International

and Nongovernmental Investigation of Alleged Abuses of

Human Rights

Government officials sometimes met with local human rights NGOs but generally

were not responsive to the views of NGOs they believed were politicized and

unfairly critical of the government. Beginning in August the Ministry of Foreign

Affairs hosted a series of public workshops with government and civil society

actors to inform the development of a National Action Plan for Human Rights and

to improve transparency. Diplomats and international organization representatives

also attended. Some civil society representatives expressed concern the

government would not fully reflect the views of civil society in the development of

the plan.

Domestic human rights groups operated with government restrictions, with some

human rights activists imprisoned, exiled, or coerced into silence, according to

reporting by international human rights organizations. Domestic human rights

groups included the Bahrain Human Rights Society and Bahrain Human Rights

Watch Society, the primary independent and licensed human rights organizations

in the country; the BCHR, although dissolved by the government in 2004,

continued to operate and maintain an online presence; and the unlicensed Bahrain

Youth Society for Human Rights. The unlicensed umbrella human rights

organization, Bahrain Human Rights Observatory, also issued numerous reports

and had strong ties to international human rights NGOs.

Domestic human rights groups faced significant difficulties operating freely and

interacting with international human rights organizations. The government

sometimes harassed and deprived local NGO leaders of due process. Local NGO

leaders and activists also reported government harassment, including police

surveillance, delayed processing of civil documents, and “inappropriate

questioning” of their children during interviews for government scholarships.

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Activists reported forgoing travel, in particular to international human rights

events, fearing a reimposition of international travel bans.

Individuals affiliated with international human rights and labor organizations, or

who were critical of the government, reported authorities indefinitely delayed or

refused visa applications, or at times refused entry to the country for individuals

who possessed a valid visa or qualified for the country’s visa-free entry program.

Government Human Rights Bodies: Throughout the year the NIHR conducted

numerous human rights workshops, seminars, and training sessions, as well as

prison visits, and referred numerous complaints to the Public Prosecutor’s Office.

It also operated a hotline for citizens and residents to file human rights-related

complaints and offered an in-person walk-in option for filing complaints.

The SIU investigates and refers cases of security force misconduct, including

complaints against the police, to the appropriate court, which includes civilian

criminal courts, the Ministry of Interior’s Military Court, and administrative courts

(see section 1.c.). The ministry generally did not release the names of officers

convicted, demoted, reassigned, or fired for misconduct, although it reported the

highest-ranking police officer prosecuted for any crime was a captain.

There is also an NIA Office of the Inspector General and a Ministry of Interior

Ombudsman’s Office, created as a result of the Bahrain Independent Commission

of Inquiry. While both offices were responsible for addressing allegations of

mistreatment and violations by the security forces, there was little public

information available regarding the activities of the NIA Office of the Inspector

General.

The PDRC, chaired by the ombudsman, monitors prisons, detention centers, and

other places where persons may be detained, such as hospital and psychiatric

facilities. The PDRC is empowered to conduct inspections of facilities, interview

inmates or detainees, and refer cases to the Ombudsman’s Office or SIU.

The ministry organized various human rights training programs for its employees,

including a year-long human rights curriculum and diploma at the Royal Police

Academy. The academy regularly negotiates memoranda of understanding with

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NIHR to exchange expertise. The academy continued to include a unit on human

rights in international law as part of the curriculum for its master’s degree in

Security Administration and Criminal Forensics. The NIHR had a memorandum

with the NIA to organize workshops and training sessions for NIA officers relating

to human rights and basic rights and to collaborate on future research.

The Ombudsman’s Office within the Ministry of Interior, the SIU within the Public

Prosecutor’s Office, and the PDRC worked with each other throughout the year.

The Ombudsman’s Office maintained a hotline for citizens to report police abuse

via telephone, email, or in person.

Many human rights groups asserted that investigations into police abuse were slow

and ineffective and questioned the independence and credibility of investigations

by government-sponsored organizations.

Local and international observers and human rights organizations continued to

express concern the government had not fully implemented Bahrain Independent

Commission of Inquiry recommendations, including dropping charges against

individuals engaged in nonviolent political expression, criminally charging security

officers accused of abuse or torture, integrating Shia citizens into security forces,

and creating an environment conducive to national reconciliation.

Section 6. Discrimination, Societal Abuses, and Trafficking

in Persons

Women

Rape and Domestic Violence: Rape is illegal, although the penal code allows an

alleged rapist to marry his victim to avoid punishment. The law does not address

spousal rape. Penalties for rape include life imprisonment and execution in cases

where the victim is a minor younger than 16, if the rapist is the custodian or

guardian of the victim, or when the rape leads to the victim’s death.

The law states violence against women is a crime. Nevertheless, domestic

violence against women was common, according to the BCHR. Although

government leaders and some members of parliament participated in awareness-

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raising activities during the year, including debates on additional legislation,

authorities devoted little attention to supporting public campaigns aimed at the

problem. The government maintained a shelter for women and children who were

victims of domestic violence. The law provides that local police officials should

be contacted in cases of domestic violence and that the public prosecutor can

investigate if information is passed from the police to them. Victims of domestic

violence, however, reported difficulty knowing whom to contact or how to proceed

when filing a complaint.

The government continued to document and prosecute physical or sexual abuse of

women. The Ministry of Justice, Islamic Affairs, and Endowments documented

327 cases of physical or sexual abuse as of September, of which 36 involved

children.

Female Genital Mutilation/Cutting (FGM/C): FGM/C was rarely practiced, and

instances mostly occurred within immigrant populations. There is no specific law

prohibiting the practice, although legal experts previously indicated the act falls

under criminal code provisions that prohibit “permanent disability to another

person.” There were no cases of prosecuting FGM during the year.

Other Harmful Traditional Practices: By law “honor” killings are punishable,

but the penal code provides a lenient sentence for killing a spouse caught in the act

of adultery, whether male or female. There were no cases of honor killings

reported during the year.

Sexual Harassment: The law prohibits sexual harassment, including insulting or

committing an indecent act towards a woman in public, with penalties of

imprisonment and fines. Although the government sometimes enforced the law,

sexual harassment remained a widespread problem for women, especially foreign

female domestic workers.

Reproductive Rights: Couples and individuals have the right to decide the

number, spacing, and timing of children, and they had access to the information

and means to do so, free from discrimination, coercion, or violence.

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There are no known legal barriers or penalties for accessing contraception. Health

centers did not require women to obtain spousal consent for provision of most

family planning services except for sterilization procedures. Mothers giving birth

out of wedlock in public or government-run hospitals often faced challenges in

obtaining birth certificates for their children.

According to statistics compiled in 2013, the modern contraceptive prevalence rate

was 61.8 percent. Contraceptives were available without prescription throughout

the country regardless of nationality, gender, age, or marital status; however,

emergency contraception was not available.

The government provides access to sexual and reproductive health services for

survivors of sexual violence, including expatriates.

Coercion in Population Control: There were no reports of coerced abortion or

involuntary sterilization on the part of government authorities.

Discrimination: Women have the right to initiate divorce proceedings in family

courts, but Shia and Sunni religious courts may refuse the request. In divorce

cases the courts routinely granted mothers custody of daughters younger than age

nine and sons younger than seven for Shia women, with fathers typically gaining

custody once girls and boys reached the ages of nine and seven, respectively.

Sunni women can retain custody of daughters until age 17 and sons until age 15.

Regardless of custody decisions, the father retains guardianship, or the right to

make all legal decisions for the child, until age 21. A noncitizen woman

automatically loses custody of her children if she divorces their citizen father

“without just cause.” Any woman who remarries loses custody of her children.

The basis for family law is sharia as interpreted by Sunni and Shia religious

experts. In 2017 King Hamad ratified the Shia portion of the Unified Family Law

codifying the rights of Shia citizens, in particular women, according to the civil

code on issues such as marriage, divorce, child custody, and inheritance. Shia and

Sunni family law is enforced by separate judicial bodies composed of religious

authorities charged with interpreting sharia. The revised civil law provides access

to family courts for all women, ensuring the standardized application of the law

and further legal recourse, since decisions made by family court judges are subject

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to review by the Supreme Judicial Council. In instances of mixed Sunni-Shia

marriages, families may choose which court hears the issue.

Women may own and inherit property and represent themselves in all public and

legal matters. In the absence of a direct male heir, Shia women may inherit all of

their husband’s property, while Sunni women inherit only a portion, with the

brothers or other male relatives of the deceased also receiving a share. The

government respected wills directing the division of assets according to the

deceased.

Women experienced gains in business and government. In the business sector,

female-led entrepreneurial ventures constituted more than half of filings for new

businesses.

Children

Birth Registration: Individuals derive citizenship from their father or by decree

from the king. Women do not transmit their nationality to their children, rendering

stateless some children of citizen mothers and noncitizen fathers (see section 2.d.).

Authorities do not register births immediately. From birth to the age of three

months, the mother’s primary health-care provider holds registration for the

children. When a child reaches three months, authorities register the birth with the

Ministry of Health’s Birth Registration Unit, which then issues the official birth

certificate. Children not registered before reaching their first birthday must obtain

a registration by court order. The government does not provide public services to a

child without a birth certificate.

Education: Schooling is compulsory for children until age 15 and is provided free

of charge to citizens and legal residents through grade 12. Authorities segregated

government-run schools by gender, although girls and boys used the same

curricula and textbooks. Islamic studies based on Sunni doctrine are mandatory for

all Muslim public-school students and are optional for non-Muslim students.

Child Abuse: The Family Courts have jurisdiction over issues including child

abuse. NGOs expressed concern regarding the lack of consistently written

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guidelines for prosecuting and punishing offenders and the leniency of penalties in

child-abuse cases in the sharia courts.

There were reports police approached children outside schools and threatened or

coerced them into becoming police informants.

Child, Early, and Forced Marriage: According to the law, the minimum age of

marriage is 16 years for girls and 18 years for boys, but special circumstances

allow marriages below these ages with approval from a sharia court.

Sexual Exploitation of Children: The law prohibits exploitation of a child for

various crimes, including prostitution. Penalties include imprisonment of no less

than three months if the accused used exploitation and force to commit the crime

and up to six years if the accused exploited more than one child, as well as fines

for individuals and organizations. The law also prohibits child pornography. The

Ministry of Justice reported prosecuting 36 cases of sexual exploitation of children

as of September, a significant decrease over the prior year.

International Child Abductions: The country is not a party to the 1980 Hague

Convention on the Civil Aspects of International Child Abduction. See the

Department of State’s Annual Report on International Parental Child Abduction at

https://travel.state.gov/content/travel/en/International-Parental-Child-

Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Anti-Semitism

According to community members, there were between 36 and 40 Jewish citizens

(six families) in the country. There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at

https://www.state.gov/trafficking-in-persons-report/

Persons with Disabilities

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The law prohibits discrimination against persons with disabilities. The constitution

guarantees social security, social insurance, and health care for persons with

disabilities. The government administered a committee to ensure the provision of

care for persons with disabilities that included representatives from all relevant

ministries, NGOs, and the private sector. The committee is responsible for

monitoring violations against persons with disabilities. During the year the

government did not prosecute any cases for violations against persons with

disabilities.

Authorities mandated a variety of governmental, quasi-governmental, and religious

institutions to support and protect persons with disabilities. In 2018 a law

established a High Commission for Disabled Affairs to develop a social awareness

campaign called “Leave No One Behind,” prepare a national strategy, and develop

legislation to address the needs of persons with disabilities. On May 7, the king

restructured the commission by appointing new members from the public and the

private sector.

Building codes require accessible facilities in all new government and public

buildings in the central municipality. The law does not mandate access to other

nonresidential buildings for persons with disabilities.

No information was available on the responsibilities of government agencies to

protect the rights of persons with disabilities. According to anecdotal evidence,

persons with disabilities routinely lacked access to education, accessible housing,

and employment. The sole government school for children with hearing

disabilities did not operate past the 10th grade. Some public schools had

specialized education programs for children with learning disabilities, physical

disabilities, speech disabilities, and intellectual and developmental disabilities,

including Down syndrome. The law stipulates equal treatment for persons with

disabilities with regard to employment, and violations of the law are punishable

with fines.

Eligible voters may vote either in their regular precincts or in a general polling

station. The local precincts, which are mostly in schools, sometimes posed

problems to voters with mobility disabilities due to lack of physical accessibility.

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General polling stations in public spaces such as malls allowed for assistive

devices. There was no absentee ballot system.

The Ministry of Labor and Social Development continued to work with the UN

Committee on the Rights of Persons with Disabilities in cooperation with the UN

Development Program.

Members of National/Racial/Ethnic Minority Groups

The law grants citizenship to ethnic Arab applicants who have resided in the

country for 15 years and non-Arab applicants who have resided in the country for

25 years. There were numerous reports that authorities did not apply the

citizenship law uniformly. NGOs stated the government allowed foreign Sunni

employees of the security services who had lived in the country fewer than 15

years to apply for citizenship. There were also reports authorities had not granted

citizenship to Arab Shia residents who had resided in the country for more than 15

years and non-Arab foreign residents who had resided for more than 25 years.

Rights groups reported discrimination, especially in employment practices, against

Shia citizens in certain professions such as security forces.

Acts of Violence, Criminalization, and Other Abuses Based on

Sexual Orientation and Gender Identity

The law does not criminalize same-sex sexual conduct between consenting adults

at least 21 years old, but it does not extend antidiscrimination protections to

lesbian, gay, bisexual, transgender, and intersex individuals on the basis of their

sexual orientation or gender identity. According to Human Rights Watch, the

government prosecuted acts such as organizing a “gay party” or cross-dressing

under penal code provisions against “indecency” and “immorality.”

Discrimination based on sexual orientation or gender identity occurred, including

in employment and obtaining legal identity documents. In some cases, however,

courts permitted transgender individuals to update identity documents if they had

undergone sex reassignment surgery.

HIV and AIDS Social Stigma

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There were no known cases involving societal violence or discrimination against

persons based on HIV/AIDS status, but medical experts acknowledged publicly

that discrimination existed. The government mandated screening of newly arrived

migrant workers for infectious diseases, including HIV/AIDS. In prior years the

government deported migrant workers found to be HIV/AIDS positive, but the

status of deportations during the year was unclear.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The constitution and labor code recognize the right to form and join independent

trade unions and the right to strike, with significant restrictions. The law does not

provide for the right to collective bargaining.

The law prohibits trade unions in the public sector. Public-sector workers may join

private-sector trade unions and professional associations, although these entities

may not bargain on their behalf. The law also prohibits members of the military

services and domestic workers from joining unions. Foreign workers, composing

nearly 80 percent of the civilian workforce, may join unions if they work in a

sector that allows unions, although the law reserves union leadership roles for

citizens. The law prohibits unions from engaging in political activities.

The law specifies only an official trade union may organize or declare a strike, and

it imposes excessive requirements for legal strikes. The law prohibits strikes in 10

“vital” sectors--the scope of which exceeds international standards--including the

oil, gas, education, telecommunications, transportation, and health sectors, as well

as pharmacies and bakeries. The law makes no distinction between “vital” and

“nonvital” employees within these sectors. Workers must approve a strike with a

simple majority by secret ballot and provide 15 days’ notification to the employer

before conducting a strike.

The law allows multiple trade union federations but prohibits multisector labor

federations and bars individuals convicted of violating criminal laws that lead to

trade union or executive council dissolution from holding union leadership posts.

The law gives the labor minister, rather than the unions, the right to select the

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federation to represent workers in national-level bargaining and international

forums. The law prohibits antiunion discrimination; however, in practice

independent unions faced government repression and harassment. The law does

not require reinstatement of workers fired for union activity.

Some workers and union affiliates complained union pluralism resulted in

company management interfering in union dues collection and workers’ chosen

union affiliation. They stated that management chose to negotiate with the union it

found most favorable, to the detriment of collective bargaining agreements and the

legitimate voice of workers.

In 2014, after signing a second tripartite agreement, the International Labor

Organization (ILO) dismissed the complaint filed in 2011 regarding the dismissal

of workers. During the year the government reported it considered efforts at

reinstatement, as reflected in the tripartite agreement, to be completed. The

government reported that 154 of the 165 cases had been resolved through either

reinstatement or by financial compensation. Human rights organizations and

activists questioned the government’s claims and reported continuing, systemic

labor discrimination.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor except in national

emergencies; however, the government did not always enforce the law effectively.

The antitrafficking law prescribes penalties ranging from three to 15 years’

imprisonment, a significant fine, and the cost of repatriating the victim(s), which

were sufficiently stringent, and commensurate with penalties prescribed for other

serious crimes, such as kidnapping.

There were reports of forced labor in the construction and service sectors. The

labor law covers foreign workers, except domestic workers, but enforcement was

lax, and cases of debt bondage were common. There were also reports of forced

labor practices among domestic workers and others working in the informal sector;

labor laws did not protect most of these workers. Domestic workers from third

countries have the right to see the terms included in their employment contract

before leaving their home countries, or upon arrival. The law requires domestic

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contacts to be tripartite and to have the signature of the employer, recruitment

office, and employee.

According to reports by third-country labor officials and human rights

organizations, employers withheld passports, a practice prohibited by law,

restricted movement, substituted contracts, or did not pay wages; some employers

also threatened workers and subjected them to physical, psychological, and sexual

abuse. The Ministry of Labor and Social Development (Ministry of Labor)

reported 1,976 labor complaints from domestic workers and construction workers,

mostly of unpaid wages or denied vacation time. In August the ministry reported

that 16 workers were victims of forced labor during the annual summer work ban.

Authorities referred 27 companies to the courts for alleged violations of the ban.

In February the Labor Market Regulatory Authority (LMRA) opened a new office

in Buhair Riffa for aggrieved workers to file cases against their employers, in

partnership with the Ministry of Justice, Islamic Affairs, and Endowments. In

March the LMRA adopted the tripartite domestic contract, which regulates the

relationship between the recruitment office, the employer, and the domestic

worker. The LMRA required all recruitment agencies to implement the new

tripartite contract format.

In 2016 the LMRA instituted procedures that allow workers to change the

employer associated with their visa--without permission from their former

employer or without their passport. The LMRA threatened employers who

withheld passports with criminal and administrative violations and prohibited at-

fault employers from hiring new workers. During the year the government shut

down recruitment agencies and revoked licenses of others for infringing on

workers’ rights. Recruitment agencies complicit in illegal practices may be subject

to license revocation, legal action, shutdown of business operations, or a forfeit of

license deposits.

The LMRA employed inspectors who were sworn officers of the court, with the

authority to conduct official investigations. LMRA inspector reports may result in

fines, court cases, loss of work permits, and termination of businesses. These

inspectors focus on the legal and administrative provisions under which individuals

fall, including work permits, employer records, and licenses. The Ministry of

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Labor employed general inspectors and occupational safety inspectors. Their roles

are to inspect workplaces, occupational health and safety conditions, and the

employer/employee work relationship.

Also see the Department of State’s Trafficking in Persons Report at

https://www.state.gov/trafficking-in-persons-report/

c. Prohibition of Child Labor and Minimum Age for Employment

The laws and regulations related to child labor generally meet international

standards. After thorough consultations with local government officials, diplomats

of labor-sending countries, representatives from local civil society organizations,

and the International Organization for Migration, the experts determined that child

labor was not a prevalent problem in the country.

The minimum age for employment is 15, and the minimum age for hazardous work

is 18. Children younger than 18 may not work in industries the Ministry of Health

deemed hazardous or unhealthy, including construction, mining, and oil refining.

They may work no more than six hours a day--no more than four days

consecutively--and may be present on the employment premises no more than

seven hours a day. Child labor regulations do not apply to family-operated

businesses in which the only other employees are family members.

The law requires that before the ministry makes a final decision on allowing a

minor to work, the prospective employer must present documentation from the

minor’s guardian giving the minor permission to work; proof the minor underwent

a physical fitness examination to determine suitability; and assurance from the

employer the minor would not work in an environment the ministry deemed

hazardous. The government generally enforced the law with established

mechanisms; however, gaps exist within the operations of the Ministry of Labor

that may hinder adequate enforcement of their child labor laws.

In 2017 the government began making moderate efforts to eliminate child labor.

The LMRA developed a handbook on the National Referral System for Victims of

Trafficking in Persons, opened a shelter for victims, and conducted training on

human trafficking for all police officers. There was evidence, however, that

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children continued to engage in domestic work and sell items on the street. The

government did not conduct research to determine the nature and extent of child

labor in the country.

The law does not allow expatriate workers younger than 18 to work in the country.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor

at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings

d. Discrimination with Respect for Employment and Occupation

The constitution provides for equality between men and women in political, social,

cultural, and economic spheres without breaching the provisions of Islamic law. In

2018 the government amended its labor law to ban discrimination on the basis of

gender, national origin, language, or creed, and it banned sexual harassment in the

workplace.

The labor law deems dismissal for sex, color, religion, ideology, marital status,

family responsibilities, and pregnancy to be arbitrary and illegal but provides for

no right to reinstatement. The law also prohibits wage discrimination based on

sex, national origin, language, religion, or ideology. Labor laws prohibit

discrimination against women at the workplace. On August 27, the Ministry of

Labor issued another order banning wage discrimination on the basis of gender,

and on August 28, it issued an order allowing women to work at night in the same

jobs as their male counterparts. A ministerial order prohibits women from working

in some industries, to include mining, construction, factories, and in the energy

sector.

In the business sector, female-led entrepreneurial ventures constituted more than

half of filings for new businesses.

The law stipulates equal treatment for persons with disabilities with regard to

employment, and violations of the law are punishable with fines (see section 6,

Persons with Disabilities). The constitution guarantees social security, social

insurance, and health care for persons with disabilities. In 2018 the Ministry of

Labor issued an edict that workers with significant disabilities and their first-

degree relative caregivers should receive two hours of daily paid rest. In April

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2019 the government began implementing the policy. The government

administered a committee to monitor provision of care for persons with disabilities

and violations against them that included representatives from all relevant

ministries, NGOs, and the private sector. During the year the government did not

prosecute any cases for violations against persons with disabilities.

No information was available on the responsibilities of government agencies to

protect the rights of persons with disabilities, although building codes required all

new government buildings to be accessible. According to anecdotal evidence,

persons with disabilities routinely lacked access to employment, particularly in

positions of responsibility. The law requires the government to provide vocational

training for persons with disabilities who wish to work. The Ministry of Labor

continued to fund a center offering employment and training services for citizens

with disabilities. Some persons with disabilities were employed in the public

sector. The law also requires employers of more than 100 persons to hire at least 2

percent of its employees from the government’s list of workers with disabilities.

The government did not monitor compliance. Many workplaces remained difficult

to access for those needing assistance due to a lack of ramps, narrow doorways,

and unpaved parking lots.

Foreigners account for approximately half of the country’s population. Although

the government asserted the labor code for the private sector applies to all workers,

the ILO and international NGOs noted foreign workers faced discrimination in the

workplace. There are no provisions to provide for equality in the hiring process. It

was common for employers to advertise positions for specific nationalities or

languages without justifying why only persons from that specific nationality or

language group would be acceptable.

Lack of transparency in hiring processes, especially for government positions, led

to many complaints of discrimination based on sect or ethnicity. Human rights

organizations reported that Shia citizens faced widespread employment

discrimination in both the public and private sectors. Sunni citizens often received

preference for employment in sensitive government positions, notably in the

managerial ranks of the civil service, as well as positions in the security services,

police, and the military.

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e. Acceptable Conditions of Work

There is no national private-sector minimum wage. A standardized government

pay scale covers public-sector workers, with a set minimum monthly wage. While

the minimum wage for citizens is generally considered a living wage, there is no

minimum wage for foreign workers in the public sector; however, the government

issued “guidelines” advising employers in the public and private sectors to pay a

minimum monthly wage. There was no official poverty level.

Subject to the provisions of the private-sector law, employers may not employ a

worker for more than 48 hours per week without including contract provisions for

overtime pay. Employers may not employ Muslim workers during the month of

Ramadan for more than six hours per day or 36 hours per week.

The Ministry of Labor sets occupational safety and health standards. The labor

law and relevant protections apply to citizens and noncitizens alike, with the

exception of domestic workers. The revised labor law improved the legal situation

for many workers as it pertains to access to contracts and additional holidays,

although it excludes domestic workers from most protections.

The Ministry of Labor is responsible for enforcing the labor law and mandating

acceptable conditions of work. The law stipulates that companies that violate

occupational safety standards can be subject to fines.

The Ministry of Labor enforced occupational safety and health standards; it also

used a team of engineers from multiple specialties primarily to investigate risks

and standards at construction sites, which were the vast majority of worksites.

Inspectors have the authority to levy fines and close worksites if employers do not

improve conditions by specified deadlines. A judge determines fines per violation,

per worker affected, or both. A judge may also sentence violators to prison. For

repeat violators, the court may double the penalties.

Despite the improvements, NGOs feared resources for enforcement of the laws

remained inadequate for the number of worksites and workers, many worksites

would not be inspected, and the regulations would not necessarily deter violations.

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A ministerial decree prohibits outdoor work between noon and 4 p.m. during July

and August because of heat conditions. Authorities enforced the ban among large

firms, but according to local observers, violations were common among smaller

businesses. Employers who violated the ban are subject to up to three months’

imprisonment, fines, or both. The ministry documented 27 companies in

noncompliance with the summer heat ban during the year.

The government and courts generally worked to rectify abuses brought to their

attention. Workers could file complaints with the ministry. There were 1,979

labor complaints during the year; 1,298 of these complaints were from domestic

workers. The vast majority of cases involving abused domestic workers did not

reach the ministry or the public prosecutor. Police referred 78 cases to the

National Referral Mechanism in the first half of the year. Individuals with referred

cases received a range of services, including shelter provided by the National

Committee for Combating Trafficking in Persons. The LMRA shelters provided

services to 108 migrant workers in the first half of the year. The victims were

either domestic workers or skilled workers who entered the country under a tourist

visa.

The Migrant Workers Protection Society reported it visited unregistered camps and

accommodations, including accommodations of irregular “free visa” workers, who

often lived in overcrowded apartments with poor safety standards.

The government continued to conduct workers’ rights awareness campaigns. It

published pamphlets on foreign resident workers’ rights in several languages,

provided manuals on these rights to local diplomatic missions, and operated a

telephone hotline for victims.

Violations of wage, overtime, and occupational safety and health standards were

common in sectors employing foreign workers, such as construction, automotive

repair, and domestic service. Unskilled foreign workers, mostly from South and

Southeast Asia, constituted approximately 60 percent of the total workforce. These

workers were vulnerable to dangerous or exploitive working conditions.

According to NGOs, workplace safety inspection and compliance were

substandard.

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In April the government announced two initiatives to combat COVID-19 and

reduce key barriers to underreporting infection cases, including temporary

suspension of work permit fees for certain categories of workers, and amnesty for

thousands of illegal foreign workers to legalize their status. Although the migrant

labor community welcomed the announcement, some citizens urged the

government to deport migrant workers to prevent the spread of the virus. The

economic impact of the pandemic on migrant workers included the hospitality and

service sectors, and dismissed and furloughed workers required food and monetary

assistance from local authorities and labor-sending embassies.

The labor law does not fully protect domestic workers, and this group was

particularly vulnerable to exploitation. Domestic employees must have a contract,

but the law does not provide for same rights accorded to other workers, including

rest days. In 2017 the LMRA announced that all newly arrived domestic workers

would be required to use new tripartite work contracts. The recruitment agency,

the employer, and the employee must agree upon the contents of the new contracts.

According to local press reports, the new contracts include daily working hours,

weekly day off, and mandatory wage receipts, among other conditions. Activists

reported that usage of the forms among employers and recruitment agencies

remained low throughout the year.

There were credible reports employers forced some of the country’s 86,000

domestic workers, most of them women, to work 12- to 16-hour days and

surrender their identity documents to employers. Employers permitted very little

time off, left female workers malnourished, and subjected them to verbal and

physical abuse, including sexual molestation and rape. There were reports of

employers and recruitment agents beating or sexually abusing foreign women

working in domestic positions, but most cases involving domestic workers did not

reach the Ministry of Labor. The press, embassies, and police received numerous

reports of abuse. The Migrant Workers Protection Society provided female

domestic workers with assistance with their cases. Additionally, the National

Committee for Combating Trafficking in Persons provided workers with shelter.

Most women in these cases sought assistance with unpaid wages and complaints of

physical abuse.

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According to NGOs, the construction sector employed more Indians, Bangladeshis,

and Pakistanis than other nationalities. Worker deaths generally were due to a

combination of inadequate enforcement of standards, violations of standards,

inadequate safety procedures, worker ignorance of those procedures, and

inadequate safety standards for equipment. While some workers may remove

themselves from situations that endanger health or safety without jeopardizing

their employment, the level of freedom workers enjoyed directly related to the

types of work they performed.

A Ministry of Labor order requires employers to register any labor

accommodations provided to employees. The order also mandates minimum

housing standards for employer-provided accommodations. Many workers lived in

unregistered accommodations that ranged in quality from makeshift

accommodations in parking garages, to apartments rented by employers from

private owners, to family houses modified to accommodate many persons.

Conditions in the many unregistered or irregular worker camps were often squalid

and overcrowded, which likely contributed to a large-scale outbreak of COVID-19.

Inspectors do not have the right to enter houses or apartment buildings not

registered as work camps to inspect conditions.

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