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)
.

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Summary
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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.

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BPDI's Hard Line
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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.

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"Misinterpretation," Some Say
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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.

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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.

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MFA Encourages Engagement
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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."

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The King's Confidant Shares Insight
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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.

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Comment
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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.

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