Women's Rights in the Middle East and North Africa - Bahrain

Population: 700,000
GDP Per Capita (PPP): $17,170
Economy: Capitalist-statist
Ranking on UN HDI: 40 out of 177
Polity: Traditional monarchy
Literacy: Male 91.5% / Female 84.2%
Percent Women Economically Active: 34.2%
Date of Women's Suffrage: 2002
Women's Fertility Rate: 2.6
Percent Urban/Rural: Urban 87% / Rural 13%

COUNTRY RATINGS FOR BAHRAIN

Nondiscrimination and Access to Justice: 2.2
Autonomy, Security, and Freedom of the Person: 2.3
Economic Rights and Equal Opportunity: 2.9
Political Rights and Civic Voice: 2.1
Social and Cultural Rights: 2.8

(Scale of 1 to 5: 1 represents the lowest and 5 the highest level of freedom women have to exercise their rights)

INTRODUCTION

Bahrain gained its independence from Britain in August 1971 and adopted its first constitution on December 6, 1973. In August 1975, Emir Isa ibn Salman al-Khalifa dissolved Bahrain's National Assembly and suspended its constitution. For the next 25 years, the citizens of Bahrain lived under the State Security Law and the Emergency Law. Legislation issued during this period, such as the penal code, the Associations Law, and the Criminal Procedures laws, was poorly implemented due to the executive authority's control over the judiciary system. The regime banned political parties and trade unions, suspended civil liberties, and imprisoned political activists and political opponents.

Under Bahrain's 2002 constitution, the king is the head of all three branches of Bahrain's monarchical government. After the death of Emir Isa in 1999, his son Hamad bin Isa Al Khalifa took power and began to implement various political and economic reforms. By the end of the year 2000, general amnesty was granted to political prisoners and exiles, the State Security Law and State Security Court were abolished, and women obtained previously denied political rights. On February 14, 2001, Bahraini citizens overwhelmingly approved the National Action Charter that would establish a partially elected legislature, a constitutional monarchy, and an independent judiciary. A bicameral parliament now exists with a 40-seat appointed upper house, the Shura Council, and a 40-seat elected lower house, the House of Deputies. Despite these positive steps, political parties remain banned in Bahrain, the media are constrained, and NGOs face extensive restrictions.

The small island nation of Bahrain is a rich, tax-free country with a per capita income of $17,170. Migrant workers and expatriates, predominantly from Asia, comprise about 38 percent of Bahrain's population of 700,000. Most immigrants are employed in industries, construction, or domestic work. The majority of the population of Bahrain is Muslim, mostly Shi'as; while the government is predominantly Sunni. Poverty ratios are high among the Shi'a population.

The government of Bahrain encouraged women to run for office in the 2002 parliamentary and municipal elections and has initiated work on family law aimed at regulating women's rights in areas such as divorce, marriage, and child custody. In 2001, the government established the Supreme Council for Women, an umbrella organization devised to oversee women's rights-related work in Bahrain. The number of NGOs devoted to women's issues has grown over the last three years.

Despite the recent attention directed toward women's rights, the government has failed to adopt any viable policies that would positively affect women's status in Bahrain. The law obliges women's NGOs in Bahrain to obtain permission before organizing national-level meetings on critical issues regarding women's rights. Moreover, they are not allowed to receive independent funds from abroad. The government of Bahrain ratified the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 2002, but with reservations on articles concerning family law, equality, freedom of movement, and residence. Women still encounter numerous social and legal obstacles such as arbitrary divorce, gender-based violence, and discrimination in the workplace. Gender discrimination remains a problem in Bahrain; the UNDP Human Development Report ranked Bahrain 66th out of 177 countries on the status of gender empowerment measures in 2004.

NONDISCRIMINATION AND ACCESS TO JUSTICE

On February 14, 2002, the king issued the Constitution of the Kingdom of Bahrain, replacing the constitution of 1973. According to Article 5/B of the constitution, the state shall maintain the balance between family obligations and women's work and also help to maintain women's equal status with men in political, social, cultural, and economic life, without jeopardizing the Shari'a laws. The constitution also ensures all citizens the right to education at all levels, health care, property, housing, work, the right to defend the country, and the right to engage in economic activities. Although the constitution does not discriminate between people based on their gender, nationality, or belief, there are no laws that make discrimination illegal.

Bahraini Nationality Law establishes the right of Bahraini men to pass their nationality on to their foreign-born wives and the children of these marriages. On the other hand, the law forbids Bahraini women to transfer their nationality to their children or foreign-born husbands. However, in April 2004, the parliament agreed to allow Bahraini women to sponsor their foreign spouses and children, enabling adult children and husbands to work in the country without an employment sponsor.

Bahrain's judicial system and its constitution stipulate that both men and women should have equal access to justice and the right to a fair trial. In reality, practical guarantees against gender discrimination do not exist. It is not uncommon for judges to demonstrate prejudice against women in court. Women may also face numerous obstacles during Shari'a court proceedings, which are male dominated and extremely complex. Lengthy court procedures, particularly in cases of divorce, are just one example of the hardships placed on women seeking justice. Men are free to divorce their wives at any time, but women are required to appeal to Shari'a courts in order to be granted a divorce.

A woman is recognized as a full person before the court in Bahrain; a woman's testimony is equal to that of a man's, and a woman can file a complaint and represent herself in all legal matters. The Shari'a courts, however, state that a valid witness should be two men, or two women and one man. In cases of domestic violence against women, Shari'a courts do not accept the testimony of close relatives or of just one woman. Considering that most domestic violence occurs in the home, where witnesses are usually mothers or close relatives, victims have little chance of proving their cases. Moreover, female victims of spousal abuse are often subject to blackmail or threats by the police and judges during investigations or trials. In some cases, the families pressure victims to remain silent and deter them from seeking justice.

In an attempt to reform the Shari'a courts, on March 10, 2004, the Supreme Judicial Council appointed to the Shari'a four male judges known to be impartial and judicious with regard to family issues. Although this is considered a positive step toward women's rights, the judicial system is still in need of fundamental reform.

Bahrain's penal code contains numerous gender-specific laws. Some articles in the penal code are devised to protect women from violence by punishing such crimes as assaults on pregnant women, rape, and sexual harassment. Article 344 of the penal code states that any person who has sexual intercourse with a female against her will shall face life in prison.

While Bahrain's criminal and penal laws do not discriminate against women criminal defendants, some laws actually discriminate against women who are victims of crimes. Article 353 states that no penalty shall be inflicted upon a person who rapes an unmarried woman, as long as he then marries the victim. Article 333 of the Bahraini penal code specifies a life sentence or death for the crime of murder; but Article 334 provides a reduced sentence (unspecified length) for a man who surprises his wife in the act of adultery and proceeds to murder or assault her. Such laws often allow criminals to escape punishment, as families and victims often accept these unjust verdicts or fail to report the crimes altogether in order to avoid social disgrace and shame. Bahraini law does not penalize the sexual violation of spouses. According to social norms and local understanding of religious traditions, it is the obligation of the wife to satisfy her husband sexually.

The constitution prohibits arbitrary arrest, detention, exile, and the stripping of citizenship, with the exception of cases involving grand treason. In practice, non-citizens such as foreign workers and female domestic helpers often face arbitrary detention and deportation as a result of disputes with their sponsors or due to lack of work permits. Some sponsors take advantage of this situation and deport domestic workers without paying them their salaries.

The Bahraini government ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) on March 2, 2002, but included a number of reservations. Reservations were applied to the following articles: Article 2, on the basis that its implementation would conflict with the Shari'a; Article 9, which addresses equality in nationality rights; Article 15, paragraph 4, which relates to freedom of movement and residence; and Article 16, which deals with family law and equality within the family. These reservations have served to basically nullify the treaty's fundamental aims and functions.

While women's status has somewhat improved since the ratification of CEDAW in areas such as political rights and increased representation in the Shura Council, the government of Bahrain has made almost no effort to review and amend the existing national laws and policies to bring them into conformity with CEDAW standards. Moreover, it has not signed the Optional Protocol on CEDAW that allows women to register complaints with the CEDAW committee if they cannot achieve justice in their own country.

The number of NGOs devoted to women's issues increased from 5 in 2001 to 14 at the close of 2003. Women are active in political societies as well as in NGOs that advocate for the recognition of women's rights under CEDAW. Women's groups also serve to educate women on their rights under the Shari'a and Bahrain's laws. However, NGOs have done little to promote a review of or changes in existing legislation that negatively impacts women's lives.

In addition to the organizational and financial challenges confronting women's NGOs, Bahrain's Societies Law, which regulates all of Bahrain's NGOs, imposes severe restrictions on their work. Bahrain's NGOs are prohibited from engaging in political activity, and the law permits the Ministry of Labor and Social Affairs to intervene in their internal affairs and activities. According to the Societies Law, the Ministry of Labor and Social Affairs has the right to access NGO files, suspend their executive boards, and terminate their licenses. NGOs must also obtain permission to organize a national meeting or international conference to address such topics as family law

RECOMMENDATIONS

1. The government and National Assembly should amend national laws in order to bring all legislation in conformity with principles of non-discrimination.
2. The Supreme Judiciary Council should reform Bahrain's judiciary system so that women do not face discrimination from judges and other court officers, particularly in Shari'a courts.
3. The Supreme Council for Women (SCW) should assist women's rights NGOs to conduct media and public outreach programs to inform women of their legal rights under Bahrain's existing laws.
4. The government should remove all reservations to CEDAW and take steps to implement it locally by bringing national laws in conformity with CEDAW.

AUTONOMY, SECURITY, AND FREEDOM OF THE PERSON

Bahrain has made progress in achieving both civil and personal freedoms since the start of the political reforms of 2001. However, laws that restrict freedom of the press raise skepticism about the sustainability of these rights.

Article 22 of the constitution states that, "Freedom of conscience is absolute. The State guarantees the inviolability of worship and the freedom to perform religious rites and hold religious parades and meetings in accordance with the customs observed in the country." Bahrain's citizen population is 98 percent Muslim, but Christians, Jews, Hindus, and other religious adherents are able to practice their religions freely in their churches and temples. The same freedom holds true for Shi'as, who constitute two-thirds of the indigenous population. Conversion between the Sunni and Shi'a sects is not favorably regarded in Bahrain, and converting from Islam to another religion or declaring oneself a non-believer is not tolerated.

While there are no direct legal restrictions on women's freedom of movement, women's rights may be limited by socially imposed restrictions such as requiring a woman to request permission from the head of the household in order to travel abroad. Islamic fundamentalists in Bahrain support this practice, in that they consider it to be a part of a woman's religious obligation. In some cases, women are obliged to request permission to leave their residence to visit friends or family.

It is not socially acceptable for a single woman to live on her own, especially if she still has a living parent. According to the now-outdated practice of bayt al-ta'a (literally, "house of obedience"), a woman could be forced by the police to reside with her husband against her will. This procedure is no longer implemented in Bahrain but the law still exists. The Shari'a courts in Bahrain consider a wife who refuses to live with her husband to be nashiz (disobedient) and can deprive her of a nafaqa (an allowance from her husband).

Family law is not yet codified in Bahrain. Despite efforts by the government and women's NGOs, the family law agenda is frequently sidelined, often as a result of opposition from both Shi'a and Sunni religious leaders. Some legislators are calling for a unified law, while others prefer two Islamic codes to accommodate the demands of both the Sunni and the Shi'a populations. The absence of a family law has rendered women vulnerable to individualistic, patriarchal, and often contradictory interpretations of the Shari'a by Bahrain's all-male judges.

The marriage contract in Bahrain has remained unchanged since it was adopted some 75 years ago. With the exception of the mahar (dower, a sum of money given to a wife by her husband at the time of marriage), this contract does not provide both parties equally with the opportunity to stipulate conditions or negotiate their rights. In some cases, a wife can stipulate that she would like to continue working after marriage or to remain in Bahrain if the husband lives abroad.

In Bahrain, a Sunni bride is required to have a wali (guardian) who will represent her during the marriage proceedings. A wali is most often a father, brother, or uncle. If a woman does not have a wali, the judge will represent her in completing the marriage formalities. Conversely, a Shi'a woman can sign her own marriage contract, but Shi'a women tend not to have as much independence in selecting their marriage partner and are often heavily influenced by their family's choices. When a marriage contract is completed, a husband will pay his wife the mahar, which will usually become the property of the wife. If the wife requests a divorce, she is expected to pay the mahar back to her husband.

Bahrain lacks anti-trafficking laws and does not fully comply with international standards on the elimination of trafficking in persons. Foreigners, mostly from South Asia and other Arab countries, constitute approximately 38 percent of Bahrain's total population. Many female domestic workers and expatriates in Bahrain are victims of trafficking and indentured servitude. Some female domestic workers and women employees of restaurants and hotels reportedly experience practices such as forced 12- to 16-hour workdays, rape, sexual harassment, and forced prostitution. Some of these problems may be linked to the sponsorship system, which places expatriate workers under the control of their sponsors.

Bahraini law prohibits torture or cruel, inhuman, or degrading punishment. Credible reports indicate that prisoners, including female prisoners, are not subject to systematic torture in the Bahraini prisons. Female criminals are held separately from men, and women are not required to have a male custodian in order to be released. Foreign workers, particularly domestic workers, on the other hand, often face torture, humiliation, and degrading treatment at the hands of their sponsors. Courts have looked into torture allegations of domestic workers, but female victims often tend to drop their cases due to fear, isolation, and lengthy court procedures, opting to return to their home countries instead of prosecuting the perpetrators.

The penal code of Bahrain addresses violence and harm to the physical safety of men and women, as well as gender-based violence such as rape, sexual harassment, and physical abuse. However, there are no legal protections against domestic violence. Women in Bahrain tend not to report domestic violence until it reaches intolerable levels. A study conducted by Dr. Banna Bou Zaboon revealed that of the 712 cases of violence recorded by the Bahrain Defense Forces Hospital in 2001-02, 281 were cases of women who had been abused by their husbands. While a few victims of domestic abuse are granted divorce, Shari'a judges often regard acts of violence against women by close relatives such as fathers, brothers, or husbands as a right guaranteed to the relatives by religion and laws.

While Bahrain's labor laws do not address sexual harassment in the workplace, Articles 350 and 351 of the penal code specify punishment for any indecent act in public or by telephone. Article 350 states that any person who commits an act of indecency with a female should be liable for punishment even when the act is not committed in public. Many women are embarrassed to file complaints of this nature for fear of damaging their reputations or professional careers. These same laws are also implemented to punish women, specifically unmarried females who engage in consensual sexual activity, which is considered a crime in Bahrain's customary law and the Shari'a.

Women's societies and other NGOs in Bahrain have not yet been able to convince victims of violence to break their walls of silence. Two women's societies in Bahrain have established legal and social counseling centers, but these groups currently work to address the impact of violence rather than its prevention.

RECOMMENDATIONS

1. The government should enact family laws that are non-discriminatory and expand women's human rights.
2. The government should criminalize domestic violence and adopt procedures to allow women, including foreign women and domestic workers, to report violence.
3. The government should enact the necessary laws to prosecute those who traffic in persons and ensure that victims of trafficking are not criminalized and have access to supportive services, rehabilitation, and legal aid.
4. The government, the Supreme Council for Women, and independent NGOs should monitor women's working conditions in both the public and private sectors and appoint female labor inspectors.

ECONOMIC RIGHTS AND EQUAL OPPORTUNITY

Bahrain's economy is geared toward the diversification of national income through the development of small- and medium-size industries. The free economic environment has encouraged small entrepreneurs, including women, to enter the business marketplace for the first time. Nevertheless, a number of factors work to create a hostile business environment for women. The monopolization of the market by a few individuals and large companies, social beliefs that private business is a male's domain, and women's lack of familiarity with and access to the intricacies of commercial and industrial procedures all pose obstacles to women's progress in Bahrain's economic sphere.

Women can legally own, sell, and rent land, real estate, and property in Bahrain. However, women often authorize a male relative such as a father, brother, or husband to take charge of and manage their properties. The male-dominated nature of the real estate business, combined with the time-consuming and burdensome procedures involved in managing property are often influential factors that weigh on a woman's decision to pass on this responsibility to a male. Women often have additional family responsibilities placed upon them by society that limit their time.

The Islamic Shari'a in Bahrain commits the husband to support his wife and family financially. Women in Bahrain can open their own bank accounts and manage their income. In most households women generally administer the domestic budgets; however, there are also cases in which working wives hand over their salaries to their husbands out of fear of divorce. Working wives or daughters often contribute to family living expenses. Despite a woman's financial contributions, social customs and a lack of economic policies that benefit women dictate that the house is most often registered in the husband's name. These conditions tend to place women, particularly wives, in a position of financial insecurity and disadvantage in matters of divorce.

Women inherit from their husbands, fathers, and brothers in accordance with the interpretation of Shari'a. Non-Muslim women cannot inherit from their Muslim husbands, while Shi'a wives may inherit movable items but not land. In Shi'a practices in Bahrain, daughters without brothers inherit everything from their deceased father, while a Sunni relative from the father's lineage will share the inheritance with the Sunni daughters if there is no son.

Statistics on the proportion of businesses in Bahrain owned by women demonstrate a noticeable increase recently, from 24.30 percent in 2001 to 30.60 percent in 2002. The number of female members of the Bahrain Chamber of Commerce and Industry reached 1,785 in 2003. Even though some women administer their own businesses, men still manage the majority of female-owned firms. This is partly due to the time required to administer a business, as well as the fact that Bahraini men often want to circumvent the law that prohibits employees in the public sector from owning private businesses. Men who work in the public sector will often register their private business under the name of a female relative but manage it themselves.

A free education system is provided in Bahrain through the secondary level, and a new education law making education compulsory for six to fifteen year olds was approved by parliament in May of 2004. The number of girls enrolled in intermediate and secondary schools during the 2001-02 school year exceeded that of boys. In fact, women outnumber men in most of the colleges in Bahrain, with the main exception being the college of engineering (3,079 males and only 1,337 females). Women do not have the same opportunities as men in vocational education, which trains workers in such fields as industry, mechanical maintenance, and carpentry, among others. Bahrain's labor market does not openly accept women in these occupations, and social customs and traditions often impede women from pursuing such careers.

Female students in Bahrain tend to specialize in fields that enable them to work as teachers. Government jobs with daily shifts that permit women to maintain a balance between careers and family are also popular. Competition and over-qualification are contributing to an increase in the unemployment rate among female graduates; the public sector cannot absorb more employees, and the private sector prefers to hire men.

Bahrain's labor laws do not prohibit or provide protections against gender-based discrimination in the workplace. Hiring discrimination is evident in Bahrain's private sector, where employers may be reluctant to shoulder the financial responsibility of maternity leave, which women employees are guaranteed under the labor laws. The Bahrain Human Rights Society reported that in 2001-02, a number of female graduates who had specialized in mechanical engineering had been discriminated against because of their gender and were not employed in factories in the private sector. The government has not taken any action against employers guilty of gender discrimination.

In addition to discrimination in hiring, Bahraini female employees are also subject to unequal wages for equal work. Female workers often fail to receive equal job training opportunities and are trained in marginal skills that are not in demand in the labor market. Furthermore, women are not guaranteed equality in promotion opportunities. This disparity is exemplified in the industrial sector, where only one woman holds a decision-making position and just three women fill supervisory roles. Women are also absent in senior management positions in the academic field even though they comprise the majority of teachers.

Under Bahrain's labor laws, women in the public sector are entitled to 45 days of maternity leave starting with the day of delivery. This provision does not meet International Labor Organization standards. Female public employees are allocated one hour per day for four months to breast-feed their babies. Women in the private sector receive 45 days' maternity leave and 15 days' leave without pay, plus a daily one-hour break to breast-feed their babies for two years. Moreover, Article 63 of the labor law declares that a female employee in the private sector may not be fired as a result of marriage, pregnancy, or maternity leave.

Labor laws regulating private-sector employment tend to have a larger number of gender-based provisions. For instance, women in the private sector are prohibited from working between the hours of 8 P.M. and 7 A.M., with the exception of hospital employment. Women are also not allowed to work in hazardous places (undefined) that might jeopardize their health and/or the health of their baby (Article 60).

With the help of Almostkbal (a women's NGO), women in the ready-made garment industry can belong to an established trade union that protects the rights of female workers. This union is one of the first of its kind in Bahrain. Furthermore, women's groups have helped to secure jobs for low-income women through job training. In 1998, the UNDP and the government of Bahrain initiated a project, now implemented by the Awal Women's Society and the Child and Mother Welfare Society, to grant small loans to some 10,000 low-income women to start their own micro businesses.

RECOMMENDATIONS

1. The Ministry of Trade, working with the Bahrain Businesswomen's Society, women's rights NGOs, and the Bahrain Chamber of Commerce and Industry, should encourage more women to establish their own businesses and work with banks to facilitate loans and financial training for women.
2. The National Assembly should amend the labor laws to prohibit gender-based discrimination at the workplace and violence against domestic workers, appoint labor inspectors to monitor the working conditions of domestic workers, and establish complaint mechanisms for women to report violations.
3. The Ministry of Education should work to eliminate all gender discrimination in education and permit the enrollment of women in vocational schools.

POLITICAL RIGHTS AND CIVIC VOICE

While women were prohibited from participating in the country's first democratic elections in 1973, both the National Charter, approved in February 2001, and the 2002 Constitution guarantee women's suffrage and political participation. Article 1, Paragraph E, of the Constitution of the Kingdom of Bahrain now clearly states, "all citizens, both men and women, are entitled to vote and to stand for elections, in accordance with this constitution and in the conditions and principles laid down by law. No citizen can be deprived of the right to vote or to nominate oneself for elections except by law." With the dissolution of the National Assembly in August 1975, parliamentary elections were not held again until 2002.

Bahrain's constitution guarantees freedom of expression and opinion and the right to associate freely. Over the last few years, the state-owned Bahrain Radio and Television has diversified its programming and has covered a broader spectrum of topics, including women's issues, violence against women, and women's political rights. By the end of 2003, Bahrain had four Arabic-language and two English-language newspapers. The number of female journalists has steadily risen in recent years. Women's organizations also conduct seminars and lectures to discuss women's rights.

Since the beginning of 2001, women have participated overtly in a variety of demonstrations and political, cultural, and social activities. On October 14, 2002, women held a demonstration in front of the Ministry of Justice to call for a unified family law. Women are active members in Bahrain's political societies.

Despite advances toward liberalization, the 1989 Societies Law of Bahrain still remains in effect. This law acts to prohibit all NGOs from engaging in politics and provides the Ministry of Labor and Social Affairs extended authority over NGOs. The ministry continues to deny a license to the Bahrain Women's Union, a federation of women's NGOs whose aim is to advocate for women's rights and to pressure the government and legislators to issue regulations in accordance with international standards and CEDAW principles.

The enhancement of women's rights was an important by-product of recent political reform. Both the National Charter and Bahrain's constitution now fully guarantee the right of all citizens, men and women, to be involved in the public affairs of the country, including the rights to vote, participate in elections, and run for office. The government supported and encouraged women to take part in the 2002 elections. While women participated as both voters and candidates in the municipal council elections of May 2002 and the October 2002 parliamentary elections, no women were elected to either of these bodies.

Women candidates faced many challenges in the 2002 elections, including those from Islamists who argued that women are created to be mothers and wives, but not politicians. Some female voters were heavily influenced by male family members to vote only for male candidates.

While many Bahraini women specialize in law, and there are no laws to prohibit women from serving as judges, Bahrain's judges are all men. However, six women currently participate in the justice system through their appointments by the king to the office of the attorney general.

Appointments of women to government positions have increased in the last few years. Sheika Haya Al-Khalifa was appointed Ambassador to France in December 1999. In November 2001, Lulwa Al-Awadi received ministerial rank as General Secretary for the Supreme Council for Women. The king's appointment of six women to the Shura Council (upper chamber) also provided women with access to legislative authority. Despite these advances, little progress has been made toward the appointment of women to lower decision-making posts of the government. There are only three women at the assistant under-secretary level today, and 31 women out of 286 directors of departments in the various ministries.

Due to a governmental ban on political parties, political societies have flourished in Bahrain. Women's participation in political societies varies from 9 percent to 50.8 percent, but only 7 out of 13 political societies have elected women to their executive boards. Recently, three women won election to the executive boards of two Islamic political societies. Religious public meetings and meetings in private majalis, on the other hand, tend to be gender-segregated. No political societies are currently working for the rights of non-Bahraini citizens, immigrants, or foreign workers. However, trade unions represent non-Bahraini labor issues, and human rights groups work to defend the rights of Bahrain's immigrants.

Despite women's active participation in Bahrain's political societies, women's issues do not feature prominently in the agendas of these groups. In reality, the majority of women in Bahrain are not aware of their political rights, as they lack access to information. Information sources on women's human rights are scarce and are not always available in public libraries or in native languages. NGOs that educate women on their rights also fail to reach a large majority of Bahrain's local and rural women.

RECOMMENDATIONS

1. The ruling authorities in Bahrain should allow political parties to operate legally and participate in competitive elections, lift all remaining restrictions on freedom of expression and association, and actively encourage women's participation in public life.
2. The government should provide support, training, and assistance to female politicians and political workers from all political parties on a nonpartisan basis.
3. The government should appoint female judges to all courts in Bahrain, including the Shari'a courts.
4. The government should develop a gender integration plan to increase the number of women in senior decision-making positions in both the private and public sectors.

SOCIAL AND CULTURAL RIGHTS

The maternal mortality rate in Bahrain is very low (0.22 per 1000 live births). Medical care, including primary health and maternity services, is provided free of charge in public hospitals and health centers. The high rate of education and the relatively high standard of living in Bahrain has helped to produce a high level of health awareness. Girls enjoy the same access to health care as do boys.

Health and reproductive health services, including guidelines for maternity care and birth control, are provided free of charge to all women. Health centers do not require a husband's consent in order to provide women with family planning services, with the exception of the procedure of sterilization. In practice, it is uncommon for a woman to seek birth control services without the permission of her spouse.

Harmful traditional practices such as female genital mutilation (FGM) are reportedly no longer practiced in Bahrain. Polygamy is practiced by a small number of Islamic fundamentalists and by older generations in Bahrain's villages. Some Shi'a also practice muta'a (short-term marriages), which are allowed in some Shi'a communities. A woman marrying for the first time is expected to be a virgin, but virginity tests are no longer conducted.

Shari'a courts in Bahrain consider a man to be the head of household. A Bahraini woman can own government-supplied housing only in the event of the death of the male head of household or in cases in which the woman gains custody of the children after divorce. The house will still often be registered under the family name rather than the name of the female beneficiary.

Women face many challenges in their efforts to gain influence in community life. The complete lack of female representation on the local municipal councils tends to place women's priorities and needs low on the community agenda. The councils have not shown much initiative in communicating with women's organizations, nor have they undertaken studies to assess women's needs.

The number of female journalists and columnists has increased in Bahrain's national press, but they tend to focus on political issues rather than women's rights. Very few women work in programming in Bahrain's radio or television, and most media outlets fail to report on the progress achieved by Bahraini women. Negative stereotypes of women are often perpetuated in the media, and violence against women is an accepted norm on many radio and television programs.

While many of Bahrain's media outlets have failed to address women's issues, some radio and television programs do provide their audiences with interviews and discussions led by well-known women's rights leaders. The few programs that do succeed in addressing women's issues, such as violence against women and the need for a family law, do not have a large audience base.

No concrete information exists on the incidence of women's poverty in Bahrain. According to the United Nations Economic and Social Commission for Western Asia (ESCWA), 5 percent of Bahrain's population is poor. It is difficult to infer from these statistics whether women in Bahrain are disproportionately affected by poverty as a result of their gender.

Assisting low-income women has been one of the main priorities of women's NGOs. The Awal Women's Society and the Child and Mother Welfare Society are two of the NGOs that provide assistance to low-income women through micro-credit programs. In addition, women's NGOs and social centers run by the Ministry of Labor and Social Affairs train women in traditional crafts and help them to start their own small businesses. However, few of these groups operate as women's human rights establishments; they tend to function more as charities.

While women do not face explicit legal obstacles in defending their economic rights, social traditions, customs, and the domination of conservative concepts do hinder women's advocacy. Advocacy for gender equality is sometimes viewed as a western concept. Many women's rights groups have been accused by extremist elements of working against Islam. Additionally, women's NGOs must contend with a lack of financial and human resources. Few actually receive substantial funding from the Ministry of Labor and Social affairs. The strict laws that govern the activities of NGOs also hinder the work of women's groups. The private sector does not support women's rights activities, and the NGO law prohibits NGOs from receiving any financial support from abroad.

RECOMMENDATIONS

1. The government should provide NGOs more freedom to work and eliminate government interference in their affairs, including removing any restrictions on NGOs receiving funds from international donors.
2. The Supreme Council for Women should train members of women's NGOs in cooperation with international organizations.
3. The Supreme Council for Women and civil society groups should work with women in rural areas and poor communities and with foreign women, particularly domestic workers.
4. The government, the Supreme Council for Women, and women's NGOs should conduct public advocacy campaigns to promote women's rights and to reverse the negative stereotyping of women in the media.

AUTHOR: Dr. Sabika Mohammed Al-Najjar lives and works in Bahrain. She has a PhD in social science and has worked on women's rights and human rights issues for more than 25 years. She is the Secretary General and a founder of the Bahrain Human Rights Society, as well as a founder of the Awal Women's Society in Bahrain.

NOTES

[Refworld note: source files did not contain inline references to these notes; they have been included to enable further reading and research.]

1. Some studies indicated that Shi'as form 70 percent of the Bahraini population, but no official statistics have been published on this regards.

2. Table 25, "Gender empowerment measure," in Human Development Report 2004: Cultural Liberty in Today's Diverse World (New York: United Nations Development Programme [UNDP], 2004), 221-224. http://hdr.undp.org/reports/global/2004/.

3. Jalila Ahmed Mahmood Al-Sayed, Women in Bahraini Legislation (Manama: Nov. 1995), 2.

4. "Declaration No. 8 on Bahraini Nationality Law, 16 Sept. 1963, and its amendment as of the law No. 12, 1989" (Manama: Government of Bahrain).

5. "Supreme Council for Women Agrees that a Bahraini Married to a Foreigner Can Sponsor Him and Her Children" Alayyam, Bahrain, 8 April 2004.

6. Hana Almahroos, "Important Recommendation for Situation of Women Workshop," Akhbar Al-Kaleej, 27 April 2004, 10.

7. According to the Judicial System Law in Bahrain, judges are appointed for life. Their service stops only for illness, voluntary resignation, and death.

8. Fatima Al-Hijri, "Looking for Fundamental Reform in the Judicial System," Alwasat, 27 April 2004, 2.

9. Articles 17, 19.

10. The Working Group on Arbitrary Detention, Report on Visit to Bahrain (New York: UN Economic and Social Council, 2 March 2002), 31.

11. The Philippine embassy has established a shelter for its citizens abused as workers in Bahrain.

12. Decree No. 5/2002, 2 March 2002 (Bahrain: National Gazette, No. 2520, 6 March 2002).

13. Author obtained information by telephone from Ministry of Labor and Social Affairs.

14. Because political parties are prohibited in Bahrain, political societies (NGOs) have been formed. They fall under the Societies Law of 1989.

15. International Religious Freedom Report 2003 – Bahrain (Washington, D.C.: U.S. Dept. of State, Bureau of Democracy, Human Rights, and Labor, 18 Dec. 2003), http://www.state.gov/g/drl/rls/irf/2003/c10269.htm.

16. It should be noted here that the discrimination against Shi'as is political.

17. A nashiz woman is a married woman who refuses to live in the bayt al-ta'a. This woman may live all her life separated from her husband without divorce, unable to remarry. If she succeeds in obtaining a divorce, then she must repay her husband the mahar paid to her, in addition to a khula (a certain amount of money to buy her freedom).

18. International Religious Freedom – Bahrain (U.S. Dept. of State).

19. Annual Report on Human Rights in Bahrain 2003 (Bahrain: Bahrain Human Rights Society, 2004), 24.

20. Annual Report, Jan. 2001-Dec. 2002 (Bahrain: Bahrain Human Rights Society, 2003), 19.

21. Trafficking in Persons Report 2003 (Washington, D.C.: U.S. Dept. of State, Office to Monitor and Combat Trafficking in Persons, 11 June 2003), http://www.state.gov/g/tip/rls/tiprpt/2003/21275.htm.

22. Banna Bou Zaboon, The Impact of Violence Against Wives on Children in Bahraini Society, 6.

23. Article 16 of the penal code states, "Nothing is an offense which is done in exercise of a right justified by law or custom."

24. Afnan Alzayani, Women and the Arab Economy: The Bahrain Experience (Bahrain: Business Women's Association), 13-14.

25. Ibid.

26. Educational Statistics 2001/2002 (Bahrain: Ministry of Education), 83.

27. The Annual Report 2001/2002 (Bahrain: University of Bahrain, 2003), 120.

28. Country Profile Bahrain (Beirut: UN Economic and Social Commission for Western Asia [ESCWA], Centre for Women).

29. Human Rights Reports 2001/2002 (Bahrain: Bahrain Human Rights Society, 2003), 30.

30. Munira Fakhro, "Promotion of the Equal Access of Girls and Women to Technical and Vocational Education in Bahrain" (Seoul: UNESCO, 1995), 5.

31. Fowzia Al-Saleh, "Women in the Decision-Making Positions" (Riyadh: 2004), 15.

32. Author obtained information by telephone from Child and Mother Welfare Society and Awal Women's Society.

33. Articles 23, 27, and 28 of the Constitution of the Kingdom of Bahrain.

34. There is no educational institution for judges in Bahrain. The Supreme Judiciary Council nominates judges and sends them abroad for training.

35. The legislative body in Bahrain is composed of two chambers: the Shura Council (40 members), appointed by the king, and the Council of Deputies (40 members), chosen in a general election.

36. Draft of the Shadow Report on CEDAW (Bahrain Young Ladies Association, unpublished).

37. A majlis (plural majalis) is a place attached to the house of a sheik or wealthy person where he meets with his male guests. Some merchants and members of the opposition open their weekly majlis to discuss different public issues. These majalis are attended by men. One woman, supported by her political NGO, has opened a majlis in her residence. This majlis is attended by women, who discuss issues related to women more than political issues.

38. There are two reasons behind this: First, women's NGOs do not have enough human and financial resources. Second, Muslim clergy, who have full authority over women in both rural and urban areas, can block the advocacy activities of women's NGOs.

39. Medical Statistics 2002 (Bahrain: Ministry of Health), Table 1.7, 1-13.

40. Doctors working in hospitals and public and private clinics confirmed this fact.

41. Fahkhriya Dairi, "Reproductive Health," in Population Problem in Bahrain (Bahrain: Bahrain Socialists Association, 2003), 144-45.

42. Radio and television in Bahrain are owned by the government. The press is independent, but it reflects official views and existing social norms.

43. Abdulla Al-Sadiq, Poverty and Social Security: Present Situation and Challenges (Manama: Bahrain Centre for Studies and Research, 2004), 5. Also see Human Development Report, Bahrain, 2001 (Bahrain: UNDP, 2001), 56-57; and Achievement and Challenges of Human Development (Bahrain: UNDP, 1998), 79-80.