ELBOWS EXTENDED, PARLIAMENT CATCHES EYES DURING

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