Identifier
Created
Classification
Origin
04MANAMA1133
2004-07-18 12:53:00
CONFIDENTIAL
Embassy Manama
Cable title:  

ELBOWS EXTENDED, PARLIAMENT CATCHES EYES DURING

Tags:  PGOV PHUM KDEM BA 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
C O N F I D E N T I A L SECTION 01 OF 02 MANAMA 001133 

SIPDIS

DEPARTMENT FOR NEA/ARP
LONDON FOR ETHAN GOLDRICH

E.O. 12958: DECL: 07/07/2029
TAGS: PGOV PHUM KDEM BA
SUBJECT: ELBOWS EXTENDED, PARLIAMENT CATCHES EYES DURING
ITS SECOND SESSION

REF: A. MANAMA 801

B. MANAMA 200

C. MANAMA 138

D. 03 MANAMA 2873

E. 03 MANAMA 2871

F. 03 MANAMA 2686

Classified By: Charge d'Affaires Molly Williamson for reasons
1.4 (b) and (d).

C O N F I D E N T I A L SECTION 01 OF 02 MANAMA 001133

SIPDIS

DEPARTMENT FOR NEA/ARP
LONDON FOR ETHAN GOLDRICH

E.O. 12958: DECL: 07/07/2029
TAGS: PGOV PHUM KDEM BA
SUBJECT: ELBOWS EXTENDED, PARLIAMENT CATCHES EYES DURING
ITS SECOND SESSION

REF: A. MANAMA 801

B. MANAMA 200

C. MANAMA 138

D. 03 MANAMA 2873

E. 03 MANAMA 2871

F. 03 MANAMA 2686

Classified By: Charge d'Affaires Molly Williamson for reasons
1.4 (b) and (d).


1. (C) SUMMARY. June 9 marked the end of Parliament's
second session with well-earned successes in both houses.
Hampered by constitutional limitations, the elected Council
of Representatives (COR) gravitated away from drafting
legislation and exercised its oversight authority to its
fullest extent, surprising its constituencies and forcing the
GOB to rectify its mistakes. Contrary to popular
expectation, the appointed Shura Council drafted several new
laws proving it was not just the King's rubber stamp but a
progressive reform-minded legislative power. The COR must
amend the 2002 Constitution to expand its legislative
authority and become a real legislature. Amending the
constitution co-opts the rejectionists' argument that there
is a constitutional crisis. In addition, if the COR delivers
on issues of unemployment, discrimination and illegal
naturalization, it will further erode the importance of the
rejectionists. END SUMMARY.

--------------
PARLIAMENT OVERSIGHT GOUGES THE GOVERNMENT
--------------


2. (U) The Council of Representatives (COR) members, daunted
by constitutional limitations on their powers to legislate,
quickly chose to exercise more clearly defined government
oversight powers. In doing so, the COR forced the GOB to
react, respond and reform. Parliament's aggressiveness
surprised the people and hurt the GOB. The press avidly
covered investigations and questioning of ministers related
to alleged pension fund mismanagement and illegal
naturalization. The process undeniably produced the
Parliament's crowning achievement for this session, the
government's complete overhaul of the management of the
pension fund system and its complete recapitalization at the
GOB's expense. At one point the COR seemed poised to vote
the Finance Minister out of office, but it recoiled at the
last instant. This success has given the MPs confidence to

summon other ministers for questioning on subjects ranging
from variable completion times on road repair projects to
allegations that the Finance Ministry is awarding contracts
outside the established government procurement process.

-------------- -
SHURA COUNCIL - NOT NECESSARILY THE KING'S MEN
-------------- -


3. (C) Having no oversight authority, the more experienced
Shura Council (many members served in the pre-2002 Shura
Council) decided to try to stretch its authority vis-a-vis
the government by drafting reform legislation. The Shura
drafted nine recommended laws, one of which was its long
awaited Press Law. The draft included 86 new articles and
differed radically from the 2002 law currently in force
(although allegedly frozen). The Shura Council's law is
considered by many in Bahrain to be the most liberal press
law in the Middle East. Instead of accepting this landmark
legislation, the government sent its own much more regressive
draft bill to the COR, whose leading members have quietly
told us that the COR will reject the government bill early in
the next session after raking Cabinet Affairs Minister Al
Muttawa over the coals in an open questioning session. The
Shura Council also drafted a Societies Law that governs
extra-national NGO registrations and establishes regulations
for their oversight. In January, the Shura drafted a law to
establish an Administrative Oversight Bureau that would fall
directly under the authority of the King and oversees the
activities of the ministries, official institutions,
independent government bureaus and directorates. The
Ministries of Defense, Interior and the National Guard are
excluded from the new bureau's purview. This proposed law
would dissolve the Financial Oversight Bureau that is
currently under the Prime Minister's jurisdiction.


4. (U) Disappointingly, the COR allowed several of its
legislative initiatives to languish. For example, the COR
did not finalize a draft amendment to change 26 clauses of
the penal code, to ensure that punishment would match the
magnitude of the crime. The inadequacy of the code was
highlighted in May when 14 youths were arrested for
soliciting signatures for a petition and charged with a crime
that carried a life imprisonment sentence. (see ref a) In
June, MPs postponed passing a draft union law allowing
government employees the right to form trade unions within
ministries and government institutions. This brought outrage
from the General Federation of Bahrain Trade Unions (GFBTU)
whose members attempted to stage a sit-in at Parliament.

5. (U) Even more surprising was the COR's rejection of
draft laws that the public apparently supports. In November
2003, the King gave his blessing to COR members to draft a
political parties law, allowing societies with political
agendas to operate legally in Bahrain. However six months
later the COR voted down its own draft. This left several
societies that engage in political activities in limbo.
Instead the COR decided to draft a political societies law
which will not be ready until next session. MPs also
rejected the long awaited draft Personal Status Law which
sent expectations of women's rights activists plummeting. In
May, MPs rejected a call to make discrimination a crime
punishable under Bahrain's penal code. Human rights
activists were very disappointed by this rejection. Shi'a
embassy contacts have told EmbOFFs that any credibility gains
in their community made by MPs during the pension fund
investigation were lost with the rejection of this law.

--------------
THE COR's GAFFS
--------------


6. (U) Largely due to inexperience, some of the MPs'
initiatives and behavior were viewed as farcical. These less
stellar moments were highly publicized in the press.
Damaging the COR's credibility the most was its attempt to
push through its own lifelong monthly retirement benefit of
BD3,250 (USD8,645) for serving one four-year term. This
initiative comes one year after the public already raised its
eyebrows after the GOB gave each member a luxury car and
BD10,000 (USD26,600) for winning a parliamentary seat. In
October 2003 MP Sameer Abdulla Al Shuwaikh was found guilty
of passing BD1.2 million (USD3.2 million) in a series of bad
checks to businessmen. After paying a paltry BD500
(USD1,330) fine, Al Shuwaikh returned to his parliamentary
duties and was quickly named to the investigative committee
on corrupt financial practices. At Parliament's last session
before summer break, MP Sunni Islamist Jassim Al Saeedi spent
15 minutes extolling Bahrain's progress in democratic reform
and modernization and urged Bahrainis to fully support the
Free Trade Agreement. This same MP spent the majority of the
year advocating a ban for 'alien' ceremonies like Halloween
and Christmas and the amputation of both hands for thievery.

-------------- --------------
MORE CONFRONTATION WITH GOVERNMENT IN NEXT SESSION
-------------- --------------


7. (C) COR members are already planning their next session.
Major COR members already plan to call ministers to account.
First Deputy Chairman Abdulhadi Marhoon told PolOff on June
9 that during the summer recess MPs will need to come up with
a vision and strategic plan for the next two years. Member
of the Finance Committee Jehad Hassan Bukamal told PolOff on
June 14 that ways to maximize the US-Bahrain Free Trade
Agreement will need to be on every COR agenda. Most MPs agree
with Egyptian parliamentary consultant Amro Barakat that
before MPs can delve headstrong into drafting new
legislation, they must seek amendment of Article 92 of the
Constitution that allows the Cabinet to review draft
legislation for up to two sessions, effectively stopping
legislators from legislating. President of the Service
Committee Dr. Ali Ahmed Abdulla told PolOff on June 8 that in
order to gain credibility with the public, the COR will need
to draft legislation that tackles important issues like
illegal naturalization, economic development and
unemployment. The COR, he continued, will also need to push
through amendments to the criminal code, and the personal
status, political societies and labor laws.


8. (C) COMMENT. The successes of the National Assembly
have demonstrated that the current structure of government
based on the 2002 Constitution can work. This weakens the
rejectionists argument that a constitutional crisis exists in
Bahrain. However, the National Assembly has also amply
demonstrated the 2002 Constitution's weaknesses. If the COR
decides to pursue amendments to the constitution to increase
legislative authority, it will end up co-opting the
rejectionists' platform further retaking their standing. If
the COR can deliver to its constituencies' on the issues of
unemployment, discrimination and illegal naturalization, the
rejectionists will be rendered obsolete. END COMMENT.
WILLIAMSON