Bahrain--2011 FDA Global Electoral Fairness Audit Report

2011 FDA Global Electoral Fairness Audit of Bahrain's Monarchical

Electoral System

Electoral Fairness Audit Completed July 18, 2011. Updated October 3, 2011

Executive Summary: Bahrain received a failing overall score of 0 percent for electoral fairness. The score means that the constitutional and legislative basis for Bahrain's political system is completely unfair. Though some of Bahrain's laws are electorally fair, this fairness is canceled out by the kingdom's severe restrictions on political societies and political content, and the powerlessness of the elected Council of Deputies over the kingdom's executive branch of government.

About the Foundation for Democratic Advancement:

The Foundation for Democratic Advancement ("FDA")'s mission is to advance fair and transparent democratic processes wherever elections occur. The FDA believes that fairer electoral systems and a more informed public will help ensure the election of candidates who truly represent the will of the people. The FDA fulfills its mission by performing detailed electoral audits on political candidates and parties to inform the public, objectively and impartially, about their electoral choices. Also, the FDA audits electoral legislation in terms of fairness and equity, and conducts ground level assessments of democratic processes. (For more information on the FDA visit: www.democracychange.com)

Purpose of Electoral Fairness Audit:

The purpose of the FDA’s electoral fairness audit (the “Audit”) is to determine a grade and ranking for electoral fairness in Bahrain at the parliamentary level of government. This Audit is part of the FDA’s global audit of electoral fairness involving all countries which hold political elections. The FDA's goal is to give the citizens of Bahrain an informed, objective perspective of the fairness of the Bahraini monarchical electoral system.

The views in this electoral fairness audit are the views of the FDA only. The FDA’s members and volunteers are in no way affiliated with the Bahraini monarchy or any of the Bahraini registered/non-registered political parties. The Audit is an independent assessment based on objectivity, transparency and non-partisanship. The FDA assumes no responsibility or liability for any errors in the calculation of its audit results or inaccuracies in its research of relevant Bahraini legislation.

Methodology of the Electoral Fairness Audit:

The FDA uses the methodology of more reasonableness which was created by FDA founder and executive director, Stephen Garvey. The methodology focuses on facts themselves for fairness and unfairness, and their comparative numerical value. To determine the correct numerical value for facts, FDA auditors are guided by matrices which show the numerical value of established facts, and FDA scoring scales for fairness and unfairness.

The FDA focuses on four key areas of electoral fairness:

1) Laws and regulations on the political content of media including newspapers, broadcasters and online media before, during, and after elections;

2) Laws and regulations on the candidates’ and parties’ influence before, during and after elections, such as national televised debates, restrictions on candidate nominations, party registration requirements, etc.;

3) Laws and regulations on electoral finance, such as party and campaign donation limits, third party spending limits etc.; and

Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Bahrain

http://www.democracychange.com/

4) Laws and regulations on voter say before, during, and after an election. The FDA auditors determine the fairness of Bahraini laws and regulations for voter say in the media, at the polling booth, through electoral finance and constitutional laws etc.

The FDA audits these four areas of electoral fairness because, in our opinion, they are often ignored or overlooked by the international community in determining electoral fairness. Moreover, these four areas cover broad aspects of the electoral process in which fairness could be compromised significantly. The FDA acknowledges that electoral laws and regulations may not necessarily correspond to the implementation of those laws and regulations or the public’s response to them. The implementation and response could be positive or negative, in terms of electoral fairness. Nevertheless, laws and regulations provide the foundation for democracy, framework for the electoral system, and an indication of electoral fairness. Also, a country's constitutional and electoral laws are part of the reality of its democracy. A further study which tracks the actions of mainstream media and the enforcement or non-enforcement of electoral laws and regulation, for example, would provide a more reliable overall determination of electoral fairness.

The FDA researched current Bahraini legislation, in relation to the four areas of electoral fairness being audited. Following which, the FDA audited the research results via the FDA electoral audit team and established FDA matrices and scoring scales. The scores and the reasons for them are recorded.

Weighting and Scoring:

Overall, the FDA scoring is guided by an inherent valuation of the concepts of soundness and relevancy. Each area of electoral fairness has a score range between 0 and 10, and each area is counted equally. The FDA auditors allow for overlap of electoral fairness areas, due to the interconnectedness of the areas. For example, electoral finance will be factored into the score for voter say and candidate and party influence if it is relevant to these areas. The total averaged score will provide an indication of the electoral fairness in Bahrain.

The FDA electoral audit team deliberated on the research on each area of electoral fairness, and then attempted to reach consensus on the scores. When no consensus could be reached, the individual scores of the team were averaged. The final score for each area must be supported by more sound reasons and correspond to the established FDA matrices and scoring scale.

FDA Researchers:

Mr. Stephen Garvey, FDA founder and executive director, bachelor degree in Political Science (University of British Columbia) and Masters degree in Environment and Development (University of Cambridge).Mr. Davood Norooi, Masters degree in Mining Engineer, former employee of the National Iranian Oil Company, FDA researcher, and Iranian citizen.


FDA Electoral Fairness Audit Team:

Chief Electoral Auditor:

Mr. Stephen Garvey, FDA founder and executive director, bachelor degree in Political Science (University of British Columbia) and Masters degree in Environment and Development (University of Cambridge).

Electoral Auditors:

Mr. James Cheung, bachelor degree in Commerce (University of Calgary) and FDA researcher.Mr. Davood Norooi, Masters degree in Mining Engineer, former employee of the National Iranian Oil Company, FDA researcher, and Iranian citizen.Ms. Gillian Hunter, third year Law major (University of Edinburgh), FDA volunteer, and Scottish citizen.Mr. Geoff Thiessan, bachelor degree in English Literature (University of Calgary), former freelance reporter, Surface Land Administrator and FDA researcher and writer.Ms. Larisa Vortman, diploma in teaching, ten years teaching experience, FDA researcher, and Russian citizen.

© 2011, Foundation for Democratic AdvancementAll rights reserved.Foundation for Democratic Advancement728 Northmount Drive NWPO Box 94Calgary, AlbertaCanada, T2K [email protected]


Table of Contents:

Political Background on Bahrain 7

Chapter 1: Political Content of Media 8

Executive Summary 8

Research Excerpts 8

Score 15

Rational 15

Chapter 2 Equality of Political Candidate and Party Influence 16

Executive Summary 16

Research Excerpts 16

Score 19

Rational 19

Chapter 3: Equality of Electoral Finance 21



Score 21

Rational 21

Chapter 4: Equality of Voter Say 23



Score 26

Rational 26

Chapter 5: Overall Audit Results 28

Chapter 6: Analysis 29

Chapter 7: Conclusion 30

Chapter 8: Recommendations 31

References: 32

Appendix: FDA Global Audit Results 33

Political Background on BahrainBahrain is a constitutional monarchy with a bicameral parliament.

National elections only apply to members of the Council of Deputies, which form half of the parliament. The other half of the parliament, the Consultative Council is appointed by the executive branch of government.

The Bahraini parliament has no power over the formation of the executive branch of government.

Bahrain is divided into five governorates, each of which has a ten-member municipal council popularly elected.

Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Bahrain Page | 7

Chapter One: Political Content of MediaChapter one will focus on the research and audit results of Bahraini laws and regulations with respect to the political content of media, including newspapers, broadcasters and on-line media, before, during and after elections.

Executive Summary:

Bahrain received a failing score of 0 percent for equality of political content. The score means that Bahrain's constitutional and legislative laws on the media's political content are completely unfair. The Bahraini state media and broadcasters are not required legally to be impartial. Bahraini political content must conform to the kingdom. Bahraini journalists and media persons face severe penalties including up to 5 years in prison for producing and disseminating political content which does not conform to the kingdom. Foreign journalists face the same restriction on political content, and they will lose their media licenses if they act contrary to the principles and goals of the kingdom.

Research Excerpts:

The following excerpts were identified by the FDA researchers as relevant. The FDA researchers made some excerpts bold to emphasize high relevance:

ARTICLE (24)Freedom of the press, printing and publication shall be guaranteed in accordance with the conditions andprocedures specified by the law.[freedom of press as defined by law]

Part 4 Offense in The Referendum and Election processArticle 30Without superceding any other severe punishment that the penal law stipulates or any other law, a person can be sentenced to imprisonment for a period not more than 6 months and fined not more than 500 Bahraini Dinars or any of the above if found guilty of committing any of the following acts:

7- Published or broadcast false statements about he topic of thereferendum or the conduct of a candidate or his morals intending to influence the outcome of the referendum or election.

“The Al Wasat newspaper was suspended on April 2, 2011 over charges that it had falsified news, but resumed publishing the next day after its editor-in-chief Mansoor al-Jamri, its British managing editor Walid Noueihed and head of local news Aqeel Mirza agreed to resign.On April 4, two Iraqi journalists working for Al Wasat, Raheem al-Kaabi and Ali al-Sherify, were deported without trial.


Bahrain's attorney-general, Ali Bin Fadhl al-Bouainain, said Jamri, Noueihed and Mirza were released pending trial in the criminal court once investigations were completed.

"The defendants were... accused of publishing false news... to disturb public peace and harm the general interests of the state and they were presented with the evidence," Bouainain said in a statement on the official Bahrain News Agency.Decree-Law No. (47) for the year 2002

On the organization of the press, printing and publishing On the organization of the press, printing and publishing:Article (16): Article (16):

Without prejudice to any severer penalty provided for by the Penal Code or any other law, punishable by imprisonment for a term not exceeding three months or a fine not exceeding two thousand dinars, or both of: Without prejudice to any severer penalty provided for by the Penal Code or any other law, punishable by imprisonment for a term not exceeding three months or a fine not exceeding two thousand dinars, or both of:

A - set up of the institutions mentioned in the articles (4) and (6) of this Act or the person who practices without a license. B - the printing of any publication without written permission from the original owner or his successor.

The court may, as well as the sentence referred to the order the confiscation of the seized all the publications that have been used in the crime may also have a rule to close the printing press.

Article (19): Article (19):

The Minister may prohibit the circulation of publications that include prejudice to the regime in the state or official religion or immoral behavior or exposure to vulnerable religions would disturb the public peace, or which contain the banned things published in accordance with the provisions of this law.

Article (20): Article (20):

The Minister may prevent any publications issued abroad from entering, trading in the Kingdom and the maintenance of public order or morality, or religious or other considerations of public interest.


Article (22):

Punishable by imprisonment for a term not exceeding one year or a fine not exceeding one thousand dinars, or both, all of the open or managed the library without a license or the publication or circulation of publications has been authorized in circulation, issued a decision preventing circulation or enter the country or confiscated copied in accordance with the provisions of the preceding articles .

Article (42):

Prohibits the publication of any newspaper article announcement inconsistent with the values of society and established principles and etiquette, and public or the press with the message and its goals, and should be separated completely, and prominent among the editorial and advertising materials.

Article (43):

Not permissible for a journalist to work to bring ads or to get any money directly or indirectly, or benefits from advertising in any capacity, and may not sign his name advertising material.

Article (49):

Taking into account that the chief editor of a Bahraini national, is required in each of the editor or the editor in charge of the following:

A - Hold a university degree and has the appropriate practical experience.

B - not under the age of thirty years of age.

C - to be of good character and reputation, has never been convicted of a felony or misdemeanor involving moral turpitude or dishonesty, unless he has been rehabilitated.

D - do not hold any public office whether appointed or elected

E - be fluent in the paper, which works by reading and writing.

Response and correction

Article (60):

The editor in chief or editor in charge - if any to be published on the owner the right to respond to correct what is said of the facts or previously published statements in the newspapers within three days following the receipt of the patch or in the first show of the paper in all editions, whichever located first, and in accordance with the dates printed in the newspaper and must Iczn


publishing in the same place and with the same letters that the publication of the article or news story or article to be corrected.

D - If the content of the reply or correction contrary to law or contrary to public order or public morals.

Article (63):

If no correction in the period stipulated in Article (60) of this law, one who may regard the notify the Department by registered letter with acknowledgment of receipt to make what you see in the deployment of the patch.

And punishable omission on the deployment of the patch within the period specified by a fine of not less than one thousand Dinars and not exceeding two thousand dinars.

The court when judging Balavobh or compensation order the publication of the sentence imposed, or civil compensation in a daily newspaper and one at the expense of the newspaper, as well as publishing the newspaper that published the article or news merits of the case within a period not exceeding fifteen days from the date of the verdict, is not this publication However, if the rule became final.

Article (67):

If convicted of the charges against the journalist, the Committee makes a decision Bmjazath any of the following penalties:

A - Discipline

B - warning

C - prohibition from practicing the profession for a period not exceeding one month

D - prohibition from practicing the profession for a period not exceeding six months

The Committee's decision to both the Minister and the Association of Journalists in a week from the date of its issuance, and may press the appeal on the decision of the conviction within fifteen days from the date of issue before the High Civil Court.

Article (68):

Without prejudice to a more severe penalty provided for by the Penal Code or any other law, the penalty for the deployment of already includes the following acts of imprisonment for a period of not less than six months


A) exposure to the official state religion in its components and pillars of abuse or criticism

B) the currency exposure of the king, or to blame him for any act of government

C) incitement to commit criminal homicide, robbery or arson, crimes against the security of the state, if the consequences of such incitement a crime

D) incitement to overthrow the regime or change it

Article (75):

If sentenced to the editor or editor in charge of a crime committed by the newspaper the court may rule disable the newspaper a period not exceeding six months.

And if sentenced again on the editor or the editor responsible for the same newspaper in an offense mentioned occurred during the year following the issuance of the previous government, was sentenced to disrupt the newspaper for at least three months and not exceeding one year, with the passport rule for revocation of license, and may not implement the rule of disruption or revocation of the license but tomorrow governance has become final.

And spent in all cases, the confiscation of the publication and adjust the number and execution of the assets.

In case of recurrence within three years from the date of the previous sentence in the crime the punishment shall be imprisonment for not more than five years, and without prejudice to the signing of the supplementary penalties provided for in Article (75) of the Act.

Article (69):

Without prejudice to any severer penalty provided for by the Penal Code or any other law, shall be punished by a fine of not more than two thousand dinars to publish what would

A - incitement to hate a group or groups of people, or contempt for, or incitement which leads to disturb public order or discord in society and undermining national unity.B - inconsistent with public morals or offending the dignity of persons or their own lives.C - incitement to non-compliance with the law, or improving the order of things, which is a felony or a misdemeanor in the eyes of the law.

Article (70):

Without prejudice to any severer penalty provided for by the Penal Code or any other law shall be punished by the penalty provided for in the previous article on the deployment include:

A) a defect in the right of the king or head of an Arab or Muslim, or any other exchange with the


Kingdom of Bahrain's diplomatic representation.

B) insult or contempt of any legislature or the courts or other statutory bodies.

C) dissemination of false news or papers artificial or false evidence Bsa faith to others where such publication would disturb public order or harm public Nmsalehh.

D) the publication of news for official communications confidential or private data strongly defend the consequent damage to the broadcast public interest, or if the government had banned the publication, and the penalty is doubled if the crime is committed in time of war or during a general or partial tired of the Bahrain Defence Force. May not take criminal proceedings in the cases provided for in item (b) of this article only at the request of the President of the Commission or the relevant.

Article (88):

It is not permitted to reporters or newspapers or magazines and news agencies or foreign radio practice in Bahrain before receiving a license from the ministry, and the license shall be for one year, renewable.

The penalty for violating this prohibition by a fine not exceeding one thousand dinars.

Article (89):

For the Department to warn of a newspaper or magazine reporter or foreign news agency if it is found that the news published by involving the make up or exaggerate or mislead or distort, if repeated to do so may withdraw the license granted to it by the Minister.

The 2008 amendment seeks to shield those who exercise their right to freedom of expression from punishment as long as they preserve the political system’s privacy and fundamentals, the Kingdoms heritage and general decency. – Bahrain Tribune

Censorship of the internet via blocking specific sites including google translate.In the first ministerial order of the new year from the new new minister of information, we get a wave of site blocking, even Google translation service is blocked! How can they block Google translation service for goodness sake? This is so farcical it simply beggars belief. The ONLY translation service that could help people be more connected with the world and the ONLY free English/Arabic translation service is now no longer if you go to google.com/translate I think the press (and all active bloggers) should make a huge stink about this.

The Bahraini News Agency (BNA) is an extension to the Information Affairs Authority (IAA) that was established in Riyadh 1967 by a unanimous decision of Gulf Cooperation Council’s Information Ministers , where the late Minister of Information Tariq Al Moayed was employed as the first chairman of the agency’s board of directors and Nabil bin Yaqub Al Hamar was


http://google.com/translate

http://bahraini.tv/2008/05/05/impressive-move/

positioned as BNA’s general manager.

BNA was originally named Gulf News Agency, In April 1st 1978 the first official news was broadcasted under the patronage of His Royal Highness the Prime Minister Prince Khalifa bin Salman Al Khalifa. The agency was combined with the Ministry of Information in 1985 whereas the name was adjusted to Bahrain News Agency in 2003, working under the umbrella of IAA President Shaikh Fawaz bin Mohammed Al Khalifa.

The unlimited support of the Kingdom to the employees of the agency had significant influence on building a reliable source to local, regional and international news of political, economic or cultural activities.

BBC on Bahrain Media:

There is a lively private press, but most Bahraini radio and TV stations are state-run. A 2008 study found that nearly 99% of households had a satellite receiver.

A press law guarantees the right of journalists to operate independently, but they are liable to jail terms for offences which include insulting the king, and self-censorship is practised. BBC World Service is available on FM in Manama (101 MHz in English; 103.8 in Arabic). By June 2010, Bahrain had 649,300 internet users (InternetWorldStats.com).

Rigorous filtering targets political, human rights, religious material and content deemed obscene. "Many websites run by national or international non-government organisations are inaccessible," Reporters Without Borders notes.

The press• Akhbar al-Khaleej - private,daily • Al-Ayam - private, daily • Al-Wasat - private, daily • Bahrain Tribune - English-language • Gulf Daily News - English-language

Television• Bahrain Radio and Television Corporation (BRTC) - state-run; operates five terrestrial

TV networks • Radio• Bahrain Radio and Television Corporation (BRTC) - state-run; operates General

Programme in Arabic, Second Programme featuring cultural and local programmes, Holy Koran Programme, Sports Service, English-language Radio Bahrain

• Voice FM - private, for Indian listeners


http://www.gulf-daily-news.com/

http://www.bahraintribune.com/

http://www.alwasatnews.com/

http://www.alayam.com/

http://www.akhbar-alkhaleej.com/

Electoral Fairness Audit Results for Media and Broadcasters:

Score:

The FDA electoral fairness audit team reached consensus on a score of 0/10

Rational for Score:

Political content must conform to the kingdom and its preservation, goals, laws, and principles. Any political content which the kingdom deems counter to the public order, preservation of the kingdom, critical of the king, and critical of the Bahrain government may be censored and corresponding journalist, editor, media owner fined and/or imprisoned, and license revoked.

Bahrain’s criminal code has severe punishments for political content not conforming to the kingdom, including up to and more than 5 years imprisonment, revoke of media license, and confiscation of media equipment.

There are no restrictions on the political content of the state media and broadcasters, except for conformance to the kingdom.

Journalists, editors, owners of media, with convicted of felonies or misdemeanors involving moral turpitude or dishonesty, unless he has been rehabilitated, shall be denied license to practice any form journalism/media related activity.

There is a citizen right of reply to media content, but the citizens replies are restricted by the political content laws.

The internet is subject to the restrictions on political content. Websites are routinely blocked based on their content.

All foreign media must have a license to work in Bahrain. Foreign media will lose their license if they act contrary to the kingdom and its preservation and principles including public order and morals.

There is no requirement that state media and broadcasters be impartial.

The score of 0 percent for equality of political content means that Bahraini laws and regulations on political content are completely unfair. Any element of political content fairness is canceled out by the overall restrictions on political content and control of it by the Bahraini kingdom.


Chapter Two: Candidates’ and Parties’ InfluenceChapter two will focus on the research and audit results of Bahraini laws and regulations with respect to the fairness of candidates and parties’ influence before, during and after elections.

Executive Summary:

Bahrain received a failing score of 0 percent for equality of candidate and party influence. The score means that Bahrain's constitutional and legislative laws on candidate and party influence are completely unfair. The kingdom bans political parties, and controls and severely restricts political content. The state media and broadcasters can be partial. Political societies which replace political parties must conform to the principles and goals of the kingdom, and not be based on class, sectarian, ethnic, geographical, or occupational affiliations. The state controls and regulates public civic organizations and public meetings, marches, and rallies.

Research Excerpts:

The following excerpts were identified by the FDA researchers as relevant. The FDA researchers made some excerpts bold to emphasize high relevance:Bahrain Constitution:

(b). Rule, in Bahrain, being hereditary, shall pass from his Highness Sheikh Isa Bin Sulman Al-Khalifa to his eldest son and from him to eldest son again and so forth generation after generation, except when the Amir has appointed, during his lifetime, as succession a son other than the eldest according to the rules of the special Amiri Succession Decree provided for in the next clause.(c). The generality of the rules of succession shall be regulated by a special Amiri decree that shall be constitutional in character and that shall not be amended except in accordance with the rules of Article(104) of the Constitution.And in case the heir-apparent be appointed minister, he shall be exempted from the conditions of age and registration in the election rolls prescribed in Article (44) of this Constitution.

ARTICLE (28)(a). Individuals shall have the right of private assembly without permission or prior notification, and no member of the security forces may attend such private meetings.(b). Public meetings, processions and gatherings shall be permitted in accordance with the conditions and procedures prescribed by the law, provided that their purpose and means are peaceful and not contrary to morals.

(c). Legislative power shall be vested in the Amir and the National Assembly in accordance with the Constitution, and the Executive power shall be vested in the Amir, the Cabinet and the Ministers.


Judicial decrees shall be passed in the name of the Amir, all in accordance with the provisions of the Constitution.

CHAPTER I - THE AMIRARTICLE (33)(a). The Amir is the Head of the State, his person shall be immune and inviolable, and he shall exercise his powers through his Ministers who shall collectively report to him on the General policy of the Government, and each Minister shall be responsible for the affairs of his Ministry.(b). The Amir shall, after the traditional consultations, appoint the Prime Minister or relieve him of http://confinder.richmond.edu/Bahrain.htm (9 of 27)4/11/2005 11:07:25 AMoffice by an Amiri decree. The Amir shall also appoint Ministers or relieve them of office by an Amiri decree, upon the recommendations of the Prime Minister.(c). Ministers shall not be appointed from amongst the members of the National Assembly in the first legislative term, but they may be appointed from amongst the members of the National Assembly or others with effect from the second legislative term.Ministers appointed from amongst outsiders shall become ex-officio members of the National Assembly. The total number of ministers shall not exceed 14.(d). The Cabinet shall be reconstituted in the manner set out in this article at the beginning of every legislative term of the National Assembly.(e). The Amir shall be the Supreme Commander of the Defense Force.(f). The Amir shall confer Orders of Honour in accordance with the law.(g). Currency shall be minted in the name of the Amir in accordance with the law.(h). The Amir shall protect the legality of the government and the supremacy of law, and shall take the following oath at a special sitting of the National Assembly: "I swear by Almighty God to respect the Constitution and the laws of the State, to defend the liberties, interests and properties of the people, and to safeguard the independence and territorial integrity of the country".(i). The Amir shall have an annual privy purse to be determined by a special Amiri decree. The privy purse may not be revised throughout the reign of the Amir, and shall thereafter be fixed by law.ARTICLE (35)(a). The Amir shall have the right to initiate laws, and he alone shall ratify and promulgate the laws.

ARTICLE (43)The National Assembly shall be composed of:(a). Thirty members elected directly by universal suffrage and secret ballot, in accordance with the provisions of the electoral law. The number of these members shall be increased to forty with effect from the elections or the second legislative term. Electoral constituencies shall be determined by the law.(b). The Ministers by virtue of their portfolios.


ARTICLE (44)A member of the National Assembly must:(a). have been registered in one of the electoral rolls, not be suspended from exercising his right to vote, and be a Bahraini citizen by origin.(b). be not less than thirty-full calendar years of age on the day of election.(c). be able to read and write Arabic well.

ARTICLE (45)The term of the National Assembly shall be four calendar years commencing from the date of its first meeting. Elections for the new Assembly shall take place within two months preceding the expiry of the said term, due regard being given to the provisions of Article (65) of this Constitution. Members whose term of office expires may be re-elected. The term of the National Assembly may not be extended except for necessity in time of war and by a law passed by two-third majority of the members constituting the Assembly.

ARTICLE (53)Before assuming their duties in the Assembly or its committees, members of the National Assembly, including the Ministers, shall take the following oath in a public sitting: --"I swear by Almighty God to be faithful to the country and to the Amir, to respect the Constitution and the laws of the State, to defend the liberties, interests and properties of the people and to discharge my duties honestly and truthfully".

ARTICLE (73)The National Assembly shall express its wishes to the Government regarding public matters. If the Goverment cannot comply with these wishes, it shall state to the Assembly the reasons therefor. The Assembly may comment once on the Government's statement.

(c). Under no circumstances shall the principle of the hereditary rule of Bahrain, the principles of liberty and equality set forth in this Constitution, as well as Article (2) thereof, be proposed for amendment.

Law by Decree No. 14 for 2002 Exercising Political RightsPart 1 Political Rights

Article 3A person is prohibited from practicing political rights if he is sentenced for a crime or incarcerated, until he finishes his sentence.MENA Election Guide:

Decree No. 14 of 2002 governs the electoral process. All Bahraini men and women over the age of 21 are allowed to vote, as are citizens of GCC countries resident in Bahrain and non-residents who own property in Bahrain.

Members of the Chamber of Deputies are elected in 40 separate electoral districts. The


composition of these districts has resulted in charges of gerrymandering; the largest districts, mainly Shiite, contain over 12,000 people, while the smallest have only 500 voters. Election dates must be set 45 days in advance, while election reruns must be announced 30 days in advance. Before elections, a schedule of eligible voters is published for each district.


According to the 2005 Law on Political Societies, Bahrain political societies cannot be formed based on class, sectarian, ethnic, geographic, or occupational affiliation. Also, political societies must accept the Constitution. Members of political societies cannot also be part of non-Bahraini political organizations or part of the military establishment.

Electoral Fairness Audit Results for Equality of Candidates and Parties:

Score:

The FDA electoral fairness audit team reached consensus on a score of 0/10.

Rational for Score:

The political content of private media and broadcasters must conform to the kingdom and its principles and goals, including public order and moral. Criticism of the kingdom is severely restricted and punished through imprisonment and loss political rights.

The kingdom's public media and broadcasters are permitted to be partial.

Despite the formation of a Bahraini National Assembly comprised partly of an elected Council of Deputies, the monarchy based on hereditary has supreme power over the country. Also, the Parliament has no power over the executive of government.

Public organization and meetings must not be contrary to the public peace and morals. Civil society organizations must attain a license. Also, citizens wishing to hold a public rally or demonstration must obtain a permit.

Citizens sentenced for crimes may be denied political rights.

Political parties are illegal.

Political societies (which replace political parties) can run candidates in parliamentary elections. However, political societies must accept the Constitution, and they must not be formed based on class, sectarian, ethnic, geographical, or occupational affiliations. Also, members are not allowed to be part of non-Bahraini political organizations, or the Bahrain military establishment.


The score of 0 percent means that Bahrain's laws and regulations of candidate and party influence are completely unfair. The kingdom restricts severely any political candidates and parties who oppose the principles and goals of the kingdom. Moreover, the elected Council of Deputies is canceled out by the unelected Consultative Council, and the Council of Deputies has no power over the executive branch of government.


Chapter Three: Electoral FinanceChapter three will focus on the research and audit results of Bahraini laws and regulations with respect to the fairness of Bahraini laws and regulations with respect to electoral finance.

Executive Summary:

Bahrain received a failing score of 0 percent for equality of electoral finance. The score means that Bahrain's constitutional and legislative laws on electoral finance are completely unfair. The FDA researchers could find no Bahraini laws and regulations on electoral finance, which means that there are no spending limits on electoral finance. However, since political societies and political content must conform to the kingdom's principles and goals, the state media can be partial, and the elected Council of Deputies has no power over the kingdom's executive branch, the freedom of Bahraini citizens and legal entities to fund political societies is canceled out.

Research Excerpts:


There is no mention of electoral finance in Bahrain’s electoral and constitutional laws.

Electoral Fairness Audit Results for Bahraini Election Finance:

Score:


Rational for Score:

The FDA could find no laws on electoral finance.

Political content must conform to the preservation, principles, and goals of the kingdom.

Political parties are illegal.

Political societies (which replace political parties) can run candidates in parliamentary elections. However, political societies must accept the Constitution, and they must not be formed based on class, sectarian, ethnic, geographical, or occupational affiliation. Also, members are not allowed to part of non-Bahraini political organizations, or the Bahrain military establishment.

State media and broadcasters are not required to be impartial.


The elected Council of Deputies is canceled out by the unelected Consultative Council, and the Council of Deputies has no power over the executive branch of government.

The score of 0 percent for electoral finance laws means that the Bahraini electoral finance laws are completely unfair. The FDA auditors determine that with or without electoral finance laws, the Bahraini political system is completely unfair due to kingdom controls over political societies, political content, the parliament, and executive branch of government.


Chapter Four: Voter SayChapter four will focus on the research and audit results of Bahraini laws and regulations with respect to the fairness of voter say laws and regulations before, during and after an election.

Executive Summary:

Bahrain received a failing score of 0 percent for equality of voter say. The score means that Bahrain's constitutional and legislative laws on voter say are completely unfair. Political societies and political content must conform to the kingdom's principles and goals. The elected Council of Deputies is canceled out by the unelected Consultative Council, and the Council of Deputies has no power over the executive branch of government. Voters who oppose the kingdom are restricted severely in their say.

Research Excerpts:


Bahrain Constitution:

(b). Rule, in Bahrain, being hereditary, shall pass from his Highness Sheikh Isa Bin Sulman Al-Khalifa to his eldest son and from him to eldest son again and so forth generation after generation, except when the Amir has appointed, during his lifetime, as succession a son other than the eldest according to the rules of the special Amiri Succession Decree provided for in the next clause.(c). The generality of the rules of succession shall be regulated by a special Amiri decree that shall be constitutional in character and that shall not be amended except in accordance with the rules of

Article (104) of the Constitution.And in case the heir-apparent be appointed minister, he shall be exempted from the conditions of age and registration in the election rolls prescribed in Article (44) of this Constitution.

(e). All the citizens shall have the right to participate in the public affairs of the State and enjoy all political rights starting the right to vote in accordance with this constitution and the conditions and situations prescribed by law.

Justice underlies the system of government. Cooperation and mutual understanding are firm bonds among citizens. Liberty, equality, security, tranquility, education, social solidarity and equal opportunities for citizens are the pillars of society guaranteed by the State.[Equal political opportunity???]


ARTICLE (23)http://confinder.richmond.edu/Bahrain.htm (7 of 27)4/11/2005 11:07:25 AMFreedom of speech and freedom to carry out scientific research shall be guaranteed. Every person shall have the right to express and propagate his opinion in words or in writing or by any other means, in accordance with the conditions and procedures specified by the law.[freedom as defined by law]

ARTICLE (28)(a). Individuals shall have the right of private assembly without permission or prior notification, and no member of the security forces may attend such private meetings.(b). Public meetings, processions and gatherings shall be permitted in accordance with the conditions and procedures prescribed by the law, provided that their purpose and means are peaceful and not contrary to morals.

(b). Legislative power shall be vested in the Amir and the National Assembly in accordance with the Constitution, and the Executive power shall be vested in the Amir, the Cabinet and the Ministers. Judicial decrees shall be passed in the name of the Amir, all in accordance with the provisions of the Constitution.

CHAPTER I - THE AMIRARTICLE (33)(a). The Amir is the Head of the State, his person shall be immune and inviolable, and he shall exercise his powers through his Ministers who shall collectively report to him on the General policy of the Government, and each Minister shall be responsible for the affairs of his Ministry.(b). The Amir shall, after the traditional consultations, appoint the Prime Minister or relieve him of http://confinder.richmond.edu/Bahrain.htm (9 of 27)4/11/2005 11:07:25 AM office by an Amiri decree. The Amir shall also appoint Ministers or relieve them of office by an Amiridecree, upon the recommendations of the Prime Minister.(c). Ministers shall not be appointed from amongst the members of the National Assembly in the first legislative term, but they may be appointed from amongst the members of the National Assembly or others with effect from the second legislative term. Ministers appointed from amongst outsiders shall become ex-officio members of the National Assembly. The total number of ministers shall not exceed 14.(d). The Cabinet shall be reconstituted in the manner set out in this article at the beginning of every legislative term of the National Assembly.(e). The Amir shall be the Supreme Commander of the Defense Force.(f). The Amir shall confer Orders of Honour in accordance with the law.(g). Currency shall be minted in the name of the Amir in accordance with the law.(h). The Amir shall protect the legality of the government and the supremacy of law, and shall take the following oath at a special sitting of the National Assembly: "I swear by Almighty God to respect the Constitution and the laws of the State, to defend the liberties, interests and properties of the people, and to safeguard the independence and territorial integrity of the country".


(i). The Amir shall have an annual privy purse to be determined by a special Amiri decree. The privy purse may not be revised throughout the reign of the Amir, and shall thereafter be fixed by law.

ARTICLE (35)(a). The Amir shall have the right to initiate laws, and he alone shall ratify and promulgate the laws. Assembly has the power to overrule the Amir in the passing of laws.

ARTICLE (73)The National Assembly shall express its wishes to the Government regarding public matters. If the Goverment cannot comply with these wishes, it shall state to the Assembly the reasons therefor. The Assembly may comment once on the Government's statement.

(c). Under no circumstances shall the principle of the hereditary rule of Bahrain, the principles of liberty and equality set forth in this Constitution, as well as Article (2) thereof, be proposed for amendment.

Law by Decree No. 14 for 2002 Exercising Political RightsPart 1 Political RightsArticle 3A person is prohibited from practicing political rights if he is sentenced for a crime or incarcerated, until he finishes his sentence.

Diaspora entitled to vote in parliamentary elections.

An illiterate voter, or a blind person or those with special needs can give their ballot verbally before the Chairman of the Committee and a member, who will tick the choice of the person and put the ballot in the box.

Part 4 Offense in The Referendum and Election processArticle 30

Without superceding any other severe punishment that the penal law stipulates or any other law, a person can be sentenced to imprisonment for a period not more than 6 months and fined not more than 500 Bahraini Dinars or any of the above if found guilty of committing any of the following acts:

7- Published or broadcast false statements about he topic of thereferendum or the conduct of a candidate or his morals intending to influence the outcome of the referendum or election.

Decree-Law No. (47) for the year 2002On the organization of the press, printing and publishing On the organization of the press, printing and publishing:


Article (1) Article (1)

Everyone has the right to express his opinion and to publicize it verbally or in writing or otherwise, in accordance with the terms and conditions set forth in this law, all without compromising the foundations of the Islamic faith and unity of the people, and not a divisive or sectarian.Response and correction

Article (60):

The editor in chief or editor in charge - if any _ to be published on the owner the right to respond to correct what is said of the facts or previously published statements in the newspapers within three days following the receipt of the patch or in the first show of the paper in all editions, whichever located first, and in accordance with the dates printed in the newspaper and must Iczn publishing in the same place and with the same letters that the publication of the article or news story or article to be corrected.

MENA Election Guide:

Decree No. 14 of 2002 governs the electoral process. All Bahraini men and women over the age of 21 are allowed to vote, as are citizens of GCC countries resident in Bahrain and non-residents who own property in Bahrain.

Members of the Chamber of Deputies are elected in 40 separate electoral districts. The composition of these districts has resulted in charges of gerrymandering; the largest districts, mainly Shiite, contain over 12,000 people, while the smallest have only 500 voters. Election dates must be set 45 days in advance, while election reruns must be announced 30 days in advance. Before elections, a schedule of eligible voters is published for each district.


Electoral Fairness Audit Results for Equality of Voter Say:

Score:


Rational for Score:

Political content must conform to the preservation, principles, and goals of the kingdom.

The monarchy has supreme power over the country.


Public association and meetings must not harm the peace and morals of the kingdom. Also, civil society organizations must attain a license. Citizens wishing to hold a public rally or demonstration must obtain a permit.

The kingdom imposes fines and imprisonment for anyone acting contrary to the principles and goals of the kingdom.

False statements about the conduct of a political candidate or his morals are not permitted. The Bahrain diaspora are entitled to vote in parliamentary elections.

Illiterate voters, blind persons or those with special needs are aided by the kingdom in exercising their right to vote.

There are no third-party electoral spending limits.

The kingdom’s TV and Radio networks are not required to be impartial.

Internet and satellite television is permitted, though they are subject censorship based on content. Electoral districts are subject to gerrymandering, with the largest district having 12,000 Shiites and the smallest district only 500 citizens.

The score of 0 percent for equality of voter say means that the Bahraini laws and regulations on equality of voter say are completely unfair. Though there are Bahraini laws which encourage equality such as laws which encourage women to vote, assist illiterate and blind persons with casting their ballots, and give Bahraini diaspora the opportunity to vote, these laws are canceled out by the kingdom's severe restrictions on political societies and political content, and the powerlessness of the elected Council of Deputies over the executive branch of government. Voters who oppose the kingdom are restricted severely in their say.


Chapter Five: Audit ResultsChapter five will set out the FDA’s scores for each of the areas of the Bahraini electoral system as set out above.

1. Research and audit results for Bahraini laws and regulations on the political content of media including newspapers, broadcasters, online media, before, during, and after elections.

0/10

2. Research and audit results for Bahraini Laws and regulations on the equality of candidates and parties influence before, during and after elections.

0/10

3. Research and audit results for Bahraini laws and regulations on electoral finance.

0/10

4. Research and audit results for laws and regulations on the equality of voter say before, during, and after an election.

0/10

Total score: 0/40

0 percent


Chapter Six: AnalysisChapter six will provide a brief analysis of the FDA’s findings.

Bahrain's overall electoral fairness score of 0 percent means that there is complete electoral unfairness in Bahrain, and any elements of electoral fairness are trumped by overall electoral unfairness.

The FDA's total 0 percent score for Bahrain is the same as the FDA's total score for Egypt (under Mubarak), Iran, Libya (under Gaddafi), and Syria (under Assad).

Bahrain's electoral and constitutional laws and regulations, which are the foundation for its democracy, are completely undemocratic.

Due to complete electoral unfairness and the lack of complete control over the Bahraini people, Bahrain is an authoritarian society in the form of a monarchy (as opposed to a totalitarian society).

The democratic nature of the Bahraini parliament is negated by the powerlessness of the elected Council of Deputies over the kingdom's executive branch.


Chapter Seven: ConclusionChapter seven will provide a summary of the FDA’s findings.

Overall, there is no element of democracy in Bahrain. The monarchy has control over the people through severe restrictions on political societies and political content, and the powerlessness of the elected Council of Deputies.

The will of the Bahraini people is left to chance as to whether or not it will be truly represented by the monarchy.

Bahraini people who oppose the kingdom are severely restricted and face repercussions from the kingdom including imprisonment and the death penalty.

Bahraini society is deficient severely in individual liberty, electoral fairness, and political equality.


Chapter Eight: RecommendationsChapter eight will set out the FDA’s recommendations on how Bahrain can improve its electoral fairness score and thereby its electoral fairness.

The Bahraini people are challenged by the authoritarian rule of the Bahraini monarchy. Due to complete electoral unfairness, there are no political mechanisms for the will of the Bahraini people to be represented. The kingdom controls public meetings, marches, rallies, civic organizations, political content, and political societies. The Bahraini kingdom has forced the Bahraini people into a corner: either conform to the monarchy or oppose it. With the somewhat recent Bahraini terrorist law (Law No.58), Bahraini citizens who oppose publicly the monarchy may face the death penalty.

Similar to the French Revolution against the French monarchy and the Indian Revolution against the British colonial rule, the Bahraini people will have to struggle for change or remain subservient to the kingdom.

The FDA does not support authoritarian rule unless the rule truly represents the will of the people. In the case of Bahrain and its monarchical system and recent peaceful public protests and their suppression, the FDA believes that the will of the Bahraini people is not truly represented by the monarchy. A society based on authoritarian control is less beneficial to the people as whole, than a society based truly on the will of the people. The unity of the people is stronger than the disunity of the people.


References:The following information was consulted and utilized in this audit report:“Bahrain questions three journalists after crackdown” 11 Apr 2011 19:13 Source: Reuters

Bahrain News Agency http://www.bna.bh/portal/en/aboutbna

“Bahrain Radio and Television Corporation is responsible for Bahrain TV turnover as a sectarian

provocation platform”, Bahrain Center for Human Rights

BBC News: Bahrain Country Profile, http://news.bbc.co.uk/2/hi/middle_east/country_profiles/790690.stm

Constitution of the State of Bahrain

Decree Law No. (14) for the year 1979 concerning publications and publishing

Decree- Law No (16) for 1996

DECREE-LAW NO. (17) for 2002 With respect to the Organization of Governorates

Decree-Law No. (47) for the year 2002 On the organization of the press, printing and publishing

On the organization of the press, printing and publishing

Law by Decree No.14 for 2002 Exercising Political Rights

Law by Decree N0. 32 for 2006 Assembly Rights

Law for Political Societies, 2005

Law for Rallies and Demonstrations 2006

Law No. 58 OF 2006 With Respect to Protection of the Community against Terrorist Acts

MENA Election Guide: Bahrain

Retooling the [Bahrain] press law, Monday, 5th May '08


AppendixFDA Global Audit Results as of August 2, 2011:


0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

RussiaVenezuela

France Lebanon

AzerbaijanDenmark

FinlandSweden

United StatesCanada

ArgentinaTunisiaYemen

BahrainCamerron

Egypt Iran

Libya Mexico

Syria

Laws and regulations on the equality of political content of the media and broadcasters before, during, and after an election

<-- failing range | passing range -->

FDA Global Electoral Fairness Audit Results


0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

FranceVenezuela

FinlandLebanonSweden

United StatesAzerbaijanArgentinaDenmark

RussiaCanadaMexico

BahrianCameroon

EgyptIran

LibyaSyria

TunisiaYemen

Laws and regulations on the equality of candidate and political party influence before, during, and after an election<-- failing range | passing range -->



0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

FranceVenezuela

FinlandArgentinaDenmarkLebanonSwedenTunisia

AzerbaijanCameroon

CanadaMexico

United StatesBahrain

EgyptIran

LibyaRussia

SyriaYemen

Laws and regulations on the equality of electoral (campaign) finance<-- failing range | passing range -->



0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

FranceVenezuelaArgentina

MexicoCanada

DenmarkFinland

United StatesSweden

LebanonRussia

AzerbaijanBahrain

CameroonEgypt

IranLibyaSyria

TunisiaYemen

Laws and regulations on the equality of voter influence before, during, and after an election

<-- failing range | passing range -->



0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

FranceVenezuela

FinlandLebanonDenmark

RussiaSweden

ArgentinaUnited States

CanadaAzerbaijan

MexicoTunisia

CameroonYemen

BahrainEgypt

IranLibyaSyria

Overall Electoral Fairness Audit Scores<--failing range|passing range -->


News & Politics

Bahrain--2011 FDA Global Electoral Fairness Audit Report