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Viewing cable 04MANAMA1808, DRAFT LAW TO REGULATE PUBLIC GATHERINGS DRAWS

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Reference ID Created Released Classification Origin
04MANAMA1808 2004-12-05 12:56 2011-08-24 01:00 UNCLASSIFIED Embassy Manama
This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 02 MANAMA 001808 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM KDEM BA
SUBJECT: DRAFT LAW TO REGULATE PUBLIC GATHERINGS DRAWS 
INTENSE CRITICISM 
 
REF: A. MANAMA 1741 
     B. MANAMA 1658 
 
Sensitive but unclassified (deliberative process); please 
protect accordingly.  Not for Internet distribution. 
 
------- 
Summary 
------- 
 
1.  (SBU) A draft law on the regulation of public gatherings 
is drawing intense criticism from civil society and members 
of parliament alike.  The proposed legislation establishes 
new regulations and bureaucratic hurdles for those seeking to 
organize public gatherings.  Opponents of the measure say it 
is unconstitutional and represents a reversal of the GOB's 
reforms in recent years.  Interior Minister Shaikh Rashid bin 
Abdullah Al Khalifa said the proposed law is necessary to 
protect property, prevent roadblocks, and keep "derogatory 
slogans" out of demonstrations.  Shia Bahrainis, who are more 
likely than Sunnis to demonstrate, view the draft law as 
specifically targeting them.  Parliament is expected to 
debate the draft law in the coming weeks.  Numerous 
parliamentarians have stressed they would not pass any law 
that unjustly restricts freedom of expression or assembly. 
End Summary. 
 
2.  (SBU) The GOB presented the draft law governing 
demonstrations just days after the October 28 "car parade" in 
support of human rights activist Abdul Hadi Al Khawaja that 
tied up traffic in Manama for hours.  Some 25 people were 
arrested.  The following two nights unidentified youth 
attacked police vehicles and burned tires in two Shia areas 
of the island (Ref B).  The Interior Minister said the 
measures in the proposed law are necessary to keep protests 
free from property damage, roadblocks, and "derogatory 
slogans." 
 
--------------------------- 
Provisions of the Draft Law 
--------------------------- 
 
3.  (SBU) Under current laws, organizers of a public 
gathering (defined as any meeting that occurs in a public or 
private place which does not require an invitation to attend) 
simply notify the local police station of the event.  The 
proposed legislation, which the government submitted to 
parliament October 27, requires organizers to apply for 
permission from the governor of the location where the event 
will take place, and for the organizers to be residents of 
that governorate.  Hence, anyone organizing a demonstration 
in front of parliament must be from the Capital governorate. 
Marches that move from one governorate to another require 
both governors' and the Interior Ministry's approval.  All 
printed, video or audio materials that will be distributed 
must be authorized by the governor. 
 
4.  (SBU) At least three of the organizers must serve on a 
committee held responsible for demonstration participants who 
break the law.  Anyone who organizes a public gathering 
without permission faces up to two years in prison, a fine of 
up to BD1000 ($2650), or both.  The draft law allows 
governors to delay ruling on an event until two days before 
the event commences.  (Note: Critics argue that this would 
not give sufficient time to properly advertise gatherings. 
End Note.)  The sentence for participating in an unlicensed 
demonstration is up to six months in prison, a BD500 ($1330) 
fine, or both.  Under the draft law, only Bahraini citizens 
can participate in political protests. 
 
--------------------------------------------- --------- 
Negative Reactions and Commitments to Amend the Draft 
--------------------------------------------- --------- 
 
5.  (SBU) Human rights activists have expressed concern about 
the discretionary power given to governors under the proposed 
law and say that existing laws sufficiently regulate public 
gatherings.  National Democratic Action Society board member 
Ebrahim Alsayed and Nabeel Rajab of the dissolved Bahrain 
Center for Human Rights have stated publicly that if the law 
were passed in its current form, activists would "test this 
law quickly" by holding unauthorized demonstrations and would 
"make sure the prisons are full of people who break this 
law."  Members of both the Shura Council and the Nuwab have 
openly vowed that they will approve the draft law only if it 
is amended to ensure that the constitutional right to 
assemble is protected.  37 NGOs and political societies 
(organized by the opposition group Al Wifaq) drafted a 
petition rejecting the law and announced plans to propose an 
alternative law.  The Nuwab issued a statement warning that 
the Constitution prohibits anyone outside of the cabinet and 
parliament from drafting and proposing legislation. 
 
6.  (SBU) According to the Ministry of Interior, the draft 
law would not affect gatherings that are purely religious, 
arranged by a government body, or called by official clubs or 
societies to discuss internal matters (as long as only 
members attend).  However, many fear that under the proposed 
law governors could easily restrict Shia religious 
processions, which have always been a contentious issue. 
Many are also concerned that the proposed law would prove to 
be a large headache for the hundreds of Bahrainis who hold 
frequent and informal majlises (discussion sessions) in their 
homes.  The Undersecretary of the Ministry of the Interior, 
cognizant of the widespread dissatisfaction with the proposed 
law, met with the Nuwab Foreign Affairs, Defense, and 
National Security Committee November 28.  Members of 
parliament who participated were positive about the prospects 
for amending the draft law to achieve a more desirable piece 
of legislation. 
 
------- 
Comment 
------- 
 
7.  (SBU) Though the draft law has sparked much debate, there 
seems to be a willingness among relevant parties to find a 
solution.  Numerous members of parliament stressed that they 
would not pass any law that unjustly restricts freedom of 
expression or assembly.  This issue is also viewed through a 
sectarian prism: Shia Bahrainis tend to demonstrate far more 
often than Sunnis (Ref A), and so many view the draft law as 
specifically targeting them. 
 
8.  (SBU) Comment continued:  The Ambassador met recently 
with the Shura Council leadership, which asked him for 
guidance on how the U.S. handles laws governing 
demonstrations.  We passed to them information gathered by 
the American Bar Association, which has a MEPI-funded rule of 
law project in Bahrain. 
MONROE