C O N F I D E N T I A L SECTION 01 OF 02 MANAMA 000973

SIPDIS

SIPDIS

E.O. 12958: DECL: 05/17/2016
TAGS: PGOV PREL PHUM KHUM BA HUMRIT POL REFORM
SUBJECT: COUNCIL OF REPRESENTATIVES PASSES CONTROVERSIAL
PUBLIC GATHERING LAW

REF: A. MANAMA 184

B. 2005 MANAMA 1910

Classified By: A/DCM Steve Bondy for reasons 1.4 (b) and (d).

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Summary
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1. (C) Bahrain's Council of Representatives (COR) passed
public assembly legislation May 16, following two years of
back-and-forth between the COR and government. These
amendments to the 1973 law on public gatherings ban
demonstrations near hospitals, airports, shopping malls, and
other areas specified by the Ministry of Interior. The COR
removed the word "processions" from the legislation in
deference to Shi'a concern that the GOB might have used the
legislation to restrict religious observances and processions
during Ramadan and Ashura. Although the current system of
notification, vice obtaining permission, before a
demonstration proceeds is maintained, the legislation gives
the head of Public Security increased authority to disapprove
events at least 48 hours in advance. A group of political
societies released a joint press statement expressing their
concern about diminishing freedom in the country and the lack
of consultation on the legislation between the parliament and
civil and political society groups. On May 22 the Shura
Council Foreign Affairs, Defense, and National Security
Committee declared that it would consult such groups before
sending the legislation to the full Shura Council for
discussion. End Summary.

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Long Process, Quick Approval
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2. (C) Following an unexpectedly short but lively debate,
members of the COR voted May 16 to pass new amendments to
1973 legislation on public gatherings and demonstrations.
This vote culminated nearly two years of public debate on the
need for new legislation regulating public assembly.
According to Shi'a Islamic bloc MP Mohamed Al Alshaikh, the
government first introduced an entirely new draft law
governing assembly late in the second (2003-2004) legislative
term. Before the COR was to begin full parliamentary
discussion on the law in the third legislative term
(2004-20

05), the government retracted the draft due to
indications there would be very little COR support for the
legislation. In January 2006, the government reintroduced
legislation in the form of amendments to the 1973 law rather
than a separate piece of new legislation. Al Alshaikh
reported that the recent amendments contained much of the
controversial content of the retracted legislation. However,
he said, the COR Foreign Affairs, Defense, and National
Security Committee, of which he is a member, debated the new
amendments for only two hours and discussion in the full COR
lasted no more than three hours. Al Alshaikh expressed his
displeasure at the way these amendments have been pushed
through without adequate consideration.


3. (U) The legislation will next be considered by the Shura
(Consultative) Council, then passed to the Cabinet for final
approval. The new legislation bans demonstrations in areas
near hospitals, airports, shopping malls, or areas designated
as security zones by the Ministry of Interior. Although
initially included on the list of restricted areas,
demonstrations on main roads or near diplomatic missions and
international organizations are permitted. The word
"processions" (mawakib) was removed from the legislation,
over the objection of Al Asala (Salafi) bloc members,
softening concern from the Shi'a community that the law might
permit the government to interfere in annual Shi'a religious
processions during Ramadan and Ashura.

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Complaints of Restricting Public Freedom
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4. (U) A minimum of three organizers, all residents of the
area in which the demonstration is to take place, must notify
the head of Public Security three days prior to the event,
specifying the time, place and reasons for the event, but
there is no requirement to wait for permission before the
event can proceed. However, the legislation grants the head
of Public Security the authority to stop any demonstration
with a notification to the organizers no later than two days
prior to the event. Demonstration planners have the right to
appeal any such decision within 15 days. Seven political
societies issued a joint press release May 19 objecting to
the authority the legislation gives to government officials

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to control demonstrations and urging all civil and political
societies to speak out against the legislation. The
societies accused the COR of giving undue consideration to
security issues at the expense of public freedom and
expressed their regret that the COR did not consult them
about their concerns.


5. (C) Al Meethaq Political Society Chairman Ahmed Juma told
EmbOff May 20 that there is a need for legislation that
regulates and organizes public gatherings, but it should not
restrict freedom of expression. He said that some articles
in the new legislation restrict this freedom and are
therefore unconstitutional. He hoped the Shura Council would
meet with political societies that have reservations about
the amendments and listen to their suggestions for changes.
Head of Al Wifaq foreign affairs committee Sayed Saeed Al
Majid told EmbOff that he is not surprised at the COR's lack
of action to protect freedoms based on its general lack of
commitment to reform. On the other hand, "Members of the
Shura have shown that they are more experienced and realistic
than members in the COR, so they will amend some of the
restrictions in the law."

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Shura Members Agree to Consult
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6. (U) The Shura Council Foreign Affairs, Defense, and
National Security Committee announced publicly May 22 that
the committee would not send the draft legislation to the
full Shura for discussion before the committee sits down with
representatives of political societies to hear their concerns
about the public gathering law. Chairman of the committee
Shaikh Khalid Bin Khalifa Al Khalifa said that in addition to
meeting with representatives from civil society groups and
political societies, members of the committee would research
similar legislation in other countries. "We will not rush
(this legislation) but will review all issues thoroughly to
ensure that the law will not harm the public," Shaikh Khalid
said.

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Comment
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7. (C) The amending of assembly legislation has been a topic
of discussion for three legislative sessions, picking up
particular momentum in the wake of the conviction and
sentencing of 19 individuals over the disturbance and damage
at the Bahrain international airport in late December 2005
(reftels). There was reportedly not enough evidence to get a
conviction on public property damage, so the fallback charges
were for illegal gathering. Following that occurrence, it
was widely expected that firm restrictions on demonstrations
near certain locations would be imminent. Public debate at
that time focused on specific distances from public venues
within which demonstrations would be banned, but the new
legislation (possibly intentionally) leaves this point
unclear. The COR's quick treatment of the amendments has
critics steamed, given that public, political debate on the
right to assembly has been contentious. However, the Shura's
expressed intention to pursue input from political societies
and civil society groups has been well received.



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