GOB WELCOME MAT NOT EXTENDED FOR NDI

C O N F I D E N T I A L SECTION 01 OF 03 MANAMA 001307 SIPDIS SIPDIS E.O. 12958: DECL: 07/16/2016 TAGS: PREL PGOV KDEM BA BILAT REGION REFORM OFFICIALS, POL SUBJECT: GOB WELCOME MAT NOT EXTENDED FOR NDI Classified By: Ambassador William T. Monroe for reasons 1.4 (b) and (d) . -------------- Summary -------------- ¶1. (C) National Democratic Institute (NDI) Regional Director Les Campbell and the Ambassador met with key Bahraini decision-makers July 11 in an attempt to resolve NDI's status in Bahrain to allow NDI programs to proceed. Bahrain Political Development Institute (BPDI) Board President Lulwa Al Awadi assumed an even more regressive position than during previous MOU negotiations with former NDI country director Fawzi Guleid. Foreign Minister Shaikh Khalid urged BPDI/NDI cooperation on an initial project to build mutual understanding and overcome mistrust in the relationship. In a subsequent meeting with the Foreign Minister July 18, the Ambassador relayed Washington's disappointment that NDI's status had not been resolved, and Shaikh Khalid reiterated his encouragement for cooperation on a project. End summary. -------------- BPDI's Hard Line -------------- ¶2. (C) NDI Regional Director for Middle East and North Africa Programs Les Campbell and the Ambassador met with Bahraini officials July 11 to explore options to resolve NDI's status in Bahrain. Meeting with BPDI Board President Lulwa Al Awadi and BPDI Executive Director Dr. Abdulla Al Asha'al, Campbell expressed his hope for a resolution to the MOU discussion, so that NDI could work as a primary program partner with BPDI and yet also maintain independence to carry out programs that may not be within BPDI's interest or scope of work. Al Awadi explained that BPDI was obliged to work within the provisions of two laws, the Civil Societies Law of 1989 and the Political Societies Law of 2005. According to Al Awadi's interpretation of these laws, there is no provision that will allow any international NGO to work independently in Bahrain outside the auspices of the BPDI. NDI must work "through" the BPDI exclusively to carry out projects that are approved by a four-member steering committee consisting of Al Awadi, Al Asha'al, a project director from NDI, and a political/civil society representative chosen to represent all local political and civil societies. ¶3. (C) According to Al Awadi, the laws do not provide the freedom for an NDI project director to have direct engagement 
with local political society and civil society representatives. All contact is to be conducted through BPDI staff members. BPDI staff sends out program invitations and follows up with invitees. Each project's steering committee discusses and approves project scopes of work and the participation of international experts. Al Awadi stated that an NDI program director would not maintain a permanent presence in Bahrain but could stay in Bahrain for the duration of a particular project. Al Asha'al stated that Bahrain has a different political climate than many other countries in the region, and there is a desire for more control to prevent problems. Campbell commented to Al Awadi and Al Asha'al that if their legal interpretations were what parliament intended when it passed the Political Societies Law in July 2005, then Bahrain has the most restrictive climate for the work of NGOs of any country in the region. -------------- "Misinterpretation," Some Say -------------- ¶4. (C) In a private conversation with the Ambassador, Council of Representatives (COR) member, attorney, and BPDI Board Vice-President Fareed Ghazi responded to a question about the legal interpretation of the Political Societies Law's relevant article. He said that the COR and most members of the BPDI board had not interpreted the GOB law to mean that all contact between members of a Bahraini political society and representatives of a foreign NGO should be prohibited. MPs interpreted the article to mean that direct funding and financial benefit to a political society is prohibited. "How can you classify having tea with someone or having a phone conversation with a political society member as receiving financial benefit?" Ghazi asked rhetorically. Campbell later confirmed this sentiment when he asked COR First Deputy Abdulhadi Marhoon about the issue. Marhoon said that the COR had not interpreted the law to prohibit direct contact between members of political societies and foreign organizations. MANAMA 00001307 002 OF 003 ¶5. (C) So what does the law say? The phrase in question hinges largely on the interpretation of two Arabic words. Loosely translated, the phrase says, "It is not permitted for a political society to receive any contribution or privilege or benefit from a foreigner, or from a foreign side (party), or from an international organization, or from an unknown person." The interpretation of the above words "privilege" (Arabic, meeza) and "benefit" (Arabic, munfa'a) is not specific, especially when one tries to nail down exactly what they mean in terms of potential NDI programming. Al Awadi and Al Asha'al take the interpretation that direct engagement with political society members represents a privilege or benefit to them and is therefore unlawful. -------------- MFA Encourages Engagement -------------- ¶6. (C) Immediately following the discussion with BPDI officials, Campbell and the Ambassador met with Foreign Minister Shaikh Khalid Bin Ahmed Al Khalifa. Shaikh Khalid repeated Bahrain's desire to work with NDI, saying that the BPDI had much to learn and could benefit greatly from NDI's experience and programs. Campbell explained that there was no additional progress to report from meeting with Al Awadi and Al Asha'al, and that the way forward was still not clear. MFA Legal Affairs Director Dr. Yusuf Abdulkarim stated that the GOB is aware of the legislative gap to legitimate the activities of foreign NGOs in Bahrain. Shaikh Khalid urged Campbell to consider proposing a project on which NDI and BPDI could work jointly to begin to overcome the mistrust that currently exists and to foster a climate of cooperation. Campbell said that he would consider this option and consult with the NDI Board of Directors and MEPI officials on next steps. Shaikh Khalid pledged to do what he can to urge BPDI officials to accommodate NDI's needs on a project, including not making the signing of an MOU a BPDI prerequisite to cooperation. ¶7. (C) In a subsequent meeting July 18 with the FM, the Ambassador relayed Washington's initial disappointment with the lack of a tangible outcome of Campbell's visit. He stated that Campbell had traveled to Bahrain hoping that after NDI country director Fawzi Guleid's departure, there would be a forward-looking position regarding NDI's work. On the contrary, there has been a step backward in light of Al Awadi's more regressive legal interpretation. A bit cryptically, Shaikh Khalid said, "we are trying to unravel the situation." He again urged cooperation on a project to build understanding and proposed that NDI sponsor a visit for Al Awadi and Al Asha'al to see NDI programs in other countries in the region. Reacting to a comment that BPDI is state-controlled, Shaikh Khalid said that it is not state-controlled but has MPs and other non-government officials on its board. He acknowledged that "our people's mindset is not democratic yet" and explained that the GOB was moving very carefully to encourage public involvement in politics and civil societies. "However, we need to be careful because Iran and groups like Hamas and Hezbollah could exploit these openings to our society." -------------- The King's Confidant Shares Insight -------------- ¶8. (C) Earlier July 11, Campbell and the Ambassador met with Minister of Industry and Commerce Hassan Fakhro, long-time confidant of the King. Fakhro, who speaks favorably of Fawzi Guleid and NDI, stated that initially the King personally invited NDI to work in Bahrain in an early spirit of cooperation, but over the years the combined increases in NDI's visibility and anti-U.S. public sentiment due to other U.S. activities, such as Iraq and Guantanamo, have resulted in the GOB policy to place any NDI programming under the BPDI. -------------- Comment -------------- ¶9. (C) Campbell's meetings were a major disappointment as there seems to have been no GOB effort to accommodate NDI following the departure of Guleid. As long as Al Awadi is the President of the BPDI board and Al Asha'al walks in lock-step with her, the climate is not conducive to agreement on an MOU with NDI. During his visit, Campbell received some informal advice from progressives that NDI not accept the BPDI position merely to maintain a presence, but that it would be better in the long run to walk away so the GOB and MANAMA 00001307 003 OF 003 the BPDI would realize the mistake they are making. The lack of GOB effort to resolve NDI's status issue has made it clear that Guleid's departure from Bahrain was not, as was initially articulated, the main concern about NDI's operation in Bahrain. There is a more fundamental legal/policy issue that must be resolved. ********************************************* ******** Visit Embassy Manama's Classified Website: http://www.state.sgov.gov/p/nea/manama/ ********************************************* ******** MONROE