ROYAL FAMILY MEMBER TESTS RULE OF LAW

C O N F I D E N T I A L SECTION 01 OF 02 MANAMA 000884 SIPDIS E.O. 12958: DECL: 06/13/2015 TAGS: PGOV BA SUBJECT: ROYAL FAMILY MEMBER TESTS RULE OF LAW REF: A. MANAMA 871 ¶B. MANAMA 859 Classified By: Ambassador William T. Monroe for reasons 1.4 (b) and (d) . -------------- Summary -------------- ¶1. (C) A senior member of the royal family is facing intense pressure for building a wall around his property that blocks public access to the beach near a small Shi'a fishing village. Prominent political, human rights, and religious leaders have joined Malkiya residents in demanding that the wall be torn down, and the King has intervened to help find a solution to the problem. The government ordered the owner to demolish the illegal portions of the wall as soon as possible, but it is still standing. Though this case will likely be resolved soon, it coincides with a rise in protests and tension in the kingdom and some are worried that violent confrontation is becoming a real possibility. On the upside, the likely demolition of the wall will signal that in the new area of political reforms, even high level members of the royal family are not above the law. -------------- Villagers Denied Public Access to the Sea -------------- ¶2. (SBU) Sheikh Hamad bin Mohammed Al Khalifa, the King's first cousin, recently completed construction of a four meter high wall that blocks public access to the beach near Malkiya, a small Shi'a fishing village. (Note: Bahraini law is unclear, but coastal areas near villages and towns have traditionally been considered public property. End Note.) Sheikh Hamad claims that the wall, which surrounds his home and extends 300 meters into the sea, is necessary to prevent thieves and trespassers from entering his property. Local residents, who depend on the sea as a main source of income and recreation, say that the wall is illegal and have organized a committee to demand that the wall be torn down. They began protesting and attracting public attention to the issue in late May, when it became clear that construction of the wall would extend beyond Sheikh Hamad's private land and into a public area. MP Jasim Abdul A'Al, whose constituency includes the Malkiya residents, emerged as the leading spokesman for the group. The cause was championed by independent Al Wasat newspaper, which put articles and photographs of the wall on the front page for several weeks. -------------- Protesters Damage Police Vehicles -------------- ¶3. (C) On June 1, the Council of Representatives (COR) announced that it wanted to formally investigate the incident, but would give the Royal Court a chance to resolve the issue first. On June 4, Minister of Municipalities and Agriculture Ali Saleh Al Saleh, on instructions from the King, visited Malkiya and announced that Sheikh Hamad had two weeks to prove his legal right to the wall or tear it down. Several days later, a ministry representative said publicly that sections of Sheikh Hamad's wall were illegal and that action would be taken against him unless he removed the illegal parts. Sheikh Hamad refused, however, and on June 10 hundreds of protesters marched in Malkiya. Approximately twenty protesters, allegedly including Bahrain Center for Human Rights board member Abdulhadi Al Khawaja, broke sections of the wall, destroyed a watch tower, and damaged police vehicles. Prominent leaders who attended the rally condemned the violent actions taken by some protesters. -------------- Wall Still Standing -------------- ¶4. (C) On instructions from the King, Sheikh Hamad met with villagers on June 13 and discussed their concerns. The next day, Sheikh Hamad announced that he had filed a case against MP Abdul A'Al and others for damaging his property during the June 10 protest. The press reported June 15 that Sheikh Hamad had suspended further construction of the wall, but had not started demolition of the illegal sections of the wall. Abdul A'Al told PolOff June 19 that a representative of the King told him to wait for two more weeks while the family convinced Sheikh Hamad to take down the wall. Abdul A'Al recognized that it was hard for Sheikh Hamad to admit that he was not above the law, but he did not know how long villagers would wait while many of them are cut off from their main source of income. -------------- -------------- Increased Interest in Protecting the Public Beaches -------------- -------------- ¶5. (SBU) The Malkiya villagers' campaign has received public support from a diverse group of leaders including MPs, Shura Council members, human rights activists, leading Shi'a clerics, government ministers, and boycotting oppositionists. The Northern Municipal Council that represents Malkiya residents voted May 30 to freeze any new proposals for coastal development, and the Shura Council recently discussed legislation that would increase restrictions on acquiring coastal land and would require public access to beaches. People from all backgrounds frequently complain both publicly and privately that although Bahrain is a small island, there is very little access to the water. -------------- Comment -------------- ¶6. (C) The Malkiya wall situation is a microcosm for many of the current trends in Bahraini society: a member of the Royal Family trying to grab what he thinks is his, Shi'a demanding their rights, an independent newspaper championing a social cause and freedom of expression, parliamentary deputies as watchdogs, and the King stepping in to restore order. It appears that in this case, the villagers have won a victory over a senior royal, a situation that would have been inconceivable just a few years ago. But reliance on the King to resolve problems from outside the system can slow the growth of, and the people's faith in, government institutions. Understanding this perception, the King told Centcom Commander General Abizaid that he is trying to channel complaints of all kinds (including the constitutional debate) through the system in order to build and strengthen it (Ref A). MONROE