Bahrain was once part of the ancient civilization of Dilmun and served as an important link in trade routes between Sumeria and the Indus Valley as long as 5,000 years ago. Since the late 18th century, Bahrain has been governed by the Al Khalifa family, which created close ties to Britain by signing the General Treaty of Peace in 1820. A binding treaty of protection, known as the Perpetual Truce of Peace and Friendship, was concluded in 1861 and further revised in 1892 and 1951. This treaty was similar to those entered into by the British Government with the other Persian Gulf principalities. It specified that the ruler could not dispose of any of his territory except to the United Kingdom and could not enter into relationships with any foreign government other than the United Kingdom without British consent. The British promised to protect Bahrain from all aggression by sea and to lend support in case of land attack.
After World War II, Bahrain became the center for British administration of treaty obligations in the lower Persian Gulf. In 1968, when the British Government announced its decision (reaffirmed in March 1971) to end the treaty relationships with the Persian Gulf sheikdoms, Bahrain joined the other eight states (Qatar and the seven Trucial Sheikhdoms, which are now called the United Arab Emirates) under British protection in an effort to form a union of Arab emirates. By mid-1971, however, the nine sheikhdoms still had not agreed on terms of union. Accordingly, Bahrain sought independence as a separate entity and became fully independent on August 15, 1971, as the State of Bahrain.
Based on its 1971 constitution, Bahrain elected its first parliament in 1973, but just 2 years later, in August 1975, the Amir disbanded the National Assembly because the Parliament attempted to legislate the end of Al-Khalifa rule and the expulsion of the U.S. Navy from Bahrain. Political unrest broke out in December 1994 and included sporadic mass protests, skirmishes with local law enforcement, arson, and property attacks. In June 1995, the first Bahraini cabinet change in 20 years took place, producing mixed public response. In 1996, the Amir increased the membership of the Consultative Council, which he created in 1993, from 30 to 40, to provide advice and opinion on legislation proposed by the cabinet and, in certain cases, suggest new laws on its own. In 1998 Shaykh Hamad bin Isa Al Khalifa became Amir after the death of his father, Shaykh Isa bin Hamad Al Halifa.
SOCIO-ECONOMIC SYSTEM
In Bahrain, petroleum production and refining account for about 60% of export receipts, 60% of government revenues, and 30% of GDP. With its highly developed communication and transport facilities, Bahrain is home to numerous multinational firms with business in the Gulf. Bahrain is dependent on Saudi Arabia for oil revenue granted as aid. A large share of exports consists of petroleum products made from refining imported crude. Construction proceeds on several major industrial projects. Unemployment, especially among the young, and the depletion of oil and underground water resources are major long-term economic problems.
BELIEFS
The population of Bahrain is 85 percent Muslim, including about 70 percent Shia and 30 percent Sunni. Non-Muslim foreigners include 7.3 percent Christians and 7.7 percent Hindus and others.
Islam is a system of religious beliefs and an allencompassing way of life. Muslims believe that God (Allah) revealed to the Prophet Muhammad the rules governing society and the proper conduct of society's members. It is incumbent on the individual, therefore, to live in a manner prescribed by the revealed law and incumbent on the community to build the perfect human society on earth according to holy injunctions. Islam recognizes no distinctions between the religious institution and the state. The distinction between religious and secular law is a recent development that in part reflects the more pronounced role of the state in society and Western economic and cultural penetration. The impact of religion on daily life in Muslim countries is extensive, usually greater than that found in the West.
The area that constitutes the present-day Persian Gulf states was on the immediate periphery of the rise of Islam. In A.D. 610, Muhammad--a merchant of the Hashimite branch of the ruling Quraysh tribe in the Arabian town of Mecca--began to preach the first of a series of revelations that Muslims believe was granted him by God, some directly and some through the angel Gabriel. A fervent monotheist, Muhammad denounced the polytheism of his fellow Meccans. Because the town's economy was based in part on a thriving pilgrimage business to the shrine called the Kaaba and to numerous other pagan religious sites in the area, his censure earned him the enmity of the town's leaders. In 622 he and a group of followers accepted an invitation to settle in the town of Yathrib, later known as Medina (the city), because it was the center of Muhammad's activities. The move, or hijra (see Glossary), known in the West as the hegira, marks the beginning of the Islamic era and of Islam as a force in history; the Muslim calendar begins in 622. In Medina, Muhammad continued to preach, and he eventually defeated his detractors in battle. He consolidated the temporal and the spiritual leadership in his person before his death in 632. After Muhammad's death, his followers compiled those of his words regarded as coming directly from God into the Quran, the holy scripture of Islam. Others of his sayings, recalled by those who had known him, became the hadith (see Glossary). The precedent of Muhammad's deeds is called the sunna. Together they form a comprehensive guide to the spiritual, ethical, and social life of an orthodox Sunni Muslim.
The major duties of Muslims are found in the five pillars of Islam, which set forth the acts necessary to demonstrate and reinforce the faith. These are the recitation of the shahada ("There is no god but God [Allah], and Muhammad is his prophet"), daily prayer (salat), almsgiving (zakat), fasting (sawm), and pilgrimage (hajj). The believer is to pray in a prescribed manner after purification through ritual ablutions each day at dawn, midday, midafternoon, sunset, and nightfall. Prescribed genuflections and prostrations accompany the prayers, which the worshiper recites while facing toward Mecca. Whenever possible, men pray in congregation at the mosque with an imam (see Glossary), and on Fridays they are required to do so. The Friday noon prayers provide the occasion for weekly sermons by religious leaders. Women may also attend public worship at the mosque, where they are segregated from the men, although most frequently women pray at home. A special functionary, the muezzin, intones a call to prayer to the entire community at the appropriate hour.
The ninth month of the Muslim calendar is Ramadan, a period of obligatory fasting in commemoration of Muhammad's receipt of God's revelation. Throughout the month, all but the sick and the weak, pregnant or lactating women, soldiers on duty, travelers on necessary journeys, and young children are enjoined from eating, drinking, smoking, or sexual intercourse during the daylight hours. Those adults excused are obliged to endure an equivalent fast at their earliest opportunity. A festive meal breaks the daily fast and inaugurates a night of feasting and celebration. The pious well-to-do usually do little or no work during this period, and some businesses close for all or part of the day. Because the months of the lunar year revolve through the solar year, Ramadan falls earlier in the solar year each successive year. A considerable test of discipline at any time of the year, a fast that falls in summer imposes severe hardship on those who must do physical work.
All Muslims, at least once in their lifetimes and if circumstances permit, should make the hajj to Mecca to participate in special rites held there during the twelfth month of the lunar calendar. Muhammad instituted this requirement, modifying pre-Islamic custom, to emphasize sites associated with God and Abraham (Ibrahim), founder of monotheism and father of the Arabs through his son, Ismail.
The lesser pillars of the faith, which all Muslims share, are jihad, or the permanent struggle for the triumph of the word of God on earth, and the requirement to do good works and to avoid all evil thoughts, words, and deeds. In addition, Muslims agree on certain basic principles of faith based on the teachings of the Prophet Muhammad: there is one God, who is a unitary divine being in contrast to the trinitarian belief of Christians; Muhammad, the last of a line of prophets beginning with Abraham and including Moses and Jesus, was chosen by God to present God's message to humanity; and there is a general resurrection on the last, or judgment, day.
During his lifetime, Muhammad held both spiritual and temporal leadership of the Muslim community. Religious and secular law merged, and all Muslims have traditionally been subject to the sharia, or religious law. A comprehensive legal system, the sharia developed gradually through the early centuries of Islam, primarily through the accretion of interpretations and precedents set by various judges and scholars. During the tenth century, legal opinion began to harden into authoritative rulings, and the figurative bab al ijtihad (gate of interpretation) closed. Thereafter, rather than encouraging flexibility, Islamic law emphasized maintenance of the status quo.
After Muhammad's death, the leaders of the Muslim community consensually chose Abu Bakr, the Prophet's father-in-law and one of his earliest followers, to succeed him. At that time, some persons favored Ali ibn Abu Talib, Muhammad's cousin and the husband of his daughter, Fatima, but Ali and his supporters (the Shiat Ali, or Party of Ali) eventually recognized the community's choice. The next two caliphs (successors)--Umar, who succeeded in 634, and Uthman, who took power in 644--enjoyed the recognition of the entire community. When Ali finally succeeded to the caliphate in 656, Muawiyah, governor of Syria, rebelled in the name of his murdered kinsman, Uthman. After the ensuing civil war, Ali moved his capital to Iraq, where he was murdered shortly thereafter.
Ali's death ended the last of the so-called four orthodox caliphates and the period in which the entire community of Islam recognized a single caliph. Muawiyah proclaimed himself caliph from Damascus. The Shiat Ali refused to recognize him or his line, the Umayyad caliphs, and withdrew in the great schism of Islam to establish the dissident sect, known as the Shia, who supported the claims of Ali's line to the caliphate based on descent from the Prophet. The larger faction, the Sunnis, adhered to the position that the caliph must be elected, and over the centuries they have represented themselves as the orthodox branch.
INCIDENCE OF CRIME
The crime rate in Bahrain is low compared to industrialized countries. An analysis was done using INTERPOL data for Bahrain. For purpose of comparison, data were drawn for the seven offenses used to compute the United States FBI's index of crime. Index offenses include murder, forcible rape, robbery, aggravated assault, burglary, larceny, and motor vehicle theft. The combined total of these offenses constitutes the Index used for trend calculation purposes. Bahrain will be compared with Japan (Bahrain with a low crime rate) and USA (country with a high crime rate). According to the INTERPOL data, for murder, the rate in 1998 was 1.56 per 100,000 population for Bahrain, 1.10 for Japan, and 6.3 for USA. For rape, the rate in 1998 was 2.08 for Bahrain, compared with 1.48 for Japan and 34.4 for USA. For aggravated assault, the rate in 1998 was 0.52 for Bahrain, 15.40 for Japan, and 360.5 for USA. For burglary, the rate in 1998 was 380.14 for Bahrain, 187.93 for Japan, and 862.0 for USA. The rate for motor vehicle theft in 1998 was 207.55 for Bahrain, compared with 28.37 for Japan and 459.0 for USA. The rate for all index offenses combined was 591.85 for Bahrain, compared with 1709.88 for Japan and 4615.5 for USA. (Note: data were not reported to INTERPOL by the USA for 1998, but were derived from the Uniform Crime Report for 1998. Also note that an Index could not be constructed for Bahrain due to the omission of data on larceny and robbery in 1998.)
TRENDS IN CRIME
Between 1995 and 1998, according to INTERPOL data, the rate of murder increased from 0.87 to 1.56 per 100,000 population, an increase of 79%. The rate for rape decreased from 2.42 to 2.08, a decrease of 16%. The rate for aggravated assault decreased from 501.49 to 0.52, an decrease of 96,300%. The rate of motor vehicle theft decreased from 239.75 to 207.55, a decrease of 15%. (Not that Index comparisons could not be made due to omission of data.
LEGAL SYSTEM
Overall, the legal system of Bahrain is based on Islamic law and English common law.
The legal system of Bahrain in 1993 was based on several sources, including customary tribal law (urf), three separate schools of Islamic sharia law, and civil law as embodied in codes, ordinances, and regulations. Sharia law includes the Maliki school of Islamic law (from Abd Allah Malik ibn Anas, an eighth-century Muslim jurist from Medina) and the Shafii school of Islamic law (from Muhammad ibn Idris ash Shafii, a late eighth-century Muslim jurist from Mecca). Both of these schools are recognized by Sunni Muslims. The third school is the eighth-century Jaafari (from Jaafar ibn Muhammad, also known as Jaafar as Sadiq, the Sixth Imam) school of Twelver Islam, recognized by Shia. Civil law is heavily influenced by British common law, inasmuch as it was developed by British legal advisers beginning in the 1920s and continuing up to the eve of independence in 1971.
According to the constitution of 1973, the judiciary is an independent and separate branch of government. However, the highest judicial authority, the minister of justice and Islamic affairs, is appointed by, and responsible to, the prime minister. The amir, who retains the power of pardon, is at the pinnacle of the judicial system.
Bahrain has a dual court system, consisting of civil and sharia courts. Sharia courts deal primarily with personal status matters (such as marriage, divorce, and inheritance). Sharia courts of first instance are located in all communities. A single sharia Court of Appeal sits at Manama. Appeals beyond the jurisdiction of the sharia Court of Appeal are taken to the Supreme Court of Appeal, which is part of the civil system.
The civil court system consists of summary courts and a supreme court. Summary courts of first instance are located in all communities and include separate urf, civil, and criminal sections. The supreme courts hear appeals from the summary courts. The Supreme Court of Appeal is the highest appellate court in the country. The Supreme Court of Appeal also decides on the constitutionality of laws and regulations.
POLICE
The Bahraini national police force was believed by most sources to number about 2,000 in 1992. In addition to the usual police functions, the mission of the force is to prevent sectarian violence and terrorist actions. Bahrain has a high proportion of native Shia, possibly 65 to 70 percent of the population. Iran tried to fuel existing resentment over the inferior place of Shia in the social and economic structure. The government sought to moderate the socioreligious cleavage by appointing Shia to a number of cabinet posts and senior civil service posts, although generally not in security-related positions. A failed coup d'état against the Al Khalifa in 1981 resulted in the expulsion or trial of many Shia dissidents; Iran had armed and trained most of those convicted. A number of persons were arrested in 1987 in another plot linked to Iran. In 1989 twenty-two persons were sentenced to prison by the Supreme Court of Appeal, sitting as the Security Court, for plotting to overthrow the government; no claim was made of Iranian involvement.
Two clandestine political groups with ties to Iran are active in Bahrain. The Islamic Front for the Liberation of Bahrain, which was responsible for the 1981 coup attempt, consists of militant Shia calling for violent revolution. The Islamic Call Party, which also has ties to Iran, is more moderate, calling for social and economic reforms. Two secular leftist groups with ties to Arab regimes and Arab nationalist organizations are the Popular Front for the Liberation of Bahrain and the National Front for the Liberation of Bahrain. Their influence appeared to be on the decline as of early 1993. The agencies of the Ministry of Interior, the police force, and the Security and Intelligence Service (SIS) maintain strict control over political activity. It is thought that their operations are extensive and highly effective. Detention and arrest can result from actions construed as antiregime activity, such as membership in illegal organizations, antigovernment demonstrations, possession or circulation of antiregime writings, or preaching sermons of a radical or extreme Islamist tone. The Department of State reported some loosening of controls in 1991 over actions previously regarded as subversive, reflecting the government's assessment that domestic and foreign threats to its security had receded.
Under the State Security Act of 1974, persons can be detained for up to three years, with a right of appeal after a period of three months and thereafter every six months. Arrested persons tried in ordinary criminal courts are provided the usual guarantees, such as public trials, the right to counsel (including legal aid if needed), and the right of appeal. Prisoners charged with security offenses are tried directly by the Supreme Court of Appeal, sitting as the Security Court. The procedural guarantees of the penal code do not apply: proceedings are in secret, and there is no right of judicial appeal, although cases can be referred to the amir for clemency.
According to Department of State human rights studies, there have been credible reports that the SIS engages in torture and mistreatment of detainees. Convictions in some cases have been based only on confessions that allegedly have been extracted by torture. There were, however, no confirmed cases of torture in 1991. The independent human rights group Amnesty International claimed that as of 1992 about seventy political prisoners, many with ties to banned Islamic groups, were serving sentences after unfair trials. Between 220 and 270 people were held in Bahraini jails in 1992. Of these, fewer than 100 were thought to be serving sentences for security offenses.
The Ministry of Interior was responsible for public security. It controlled the public security force (police) and the extensive security service, which were responsible for maintaining internal order. The Bahrain Defense Force (BDF) was responsible for defending against external threats. It also monitored the internal security situation. The security forces committed a few serious human rights abuses during the year.
Impunity remained a problem, and there were no known instances of security forces personnel being punished for abuses of authority committed during the year or in the past; however, according to the Interior Ministry, its Disciplinary Court convicted a total of 25 police officers during the year and in 2001 for criminal activities. Some were incarcerated. The Interior Ministry also referred 77 additional cases to the Ministry of Justice for prosecution. Under the new Constitution, the judiciary is nominally independent, but it still remained subject to government pressure. The press published credible allegations that some judges were corrupt. The Government continued to infringe to some extent on citizens' privacy rights.
The law prohibits torture and other cruel, inhuman, or degrading treatment or punishment; however, there were some reports of police abuse of civilians during the year. On April 5, 2002, during demonstrations near a diplomatic mission, in an effort to disperse a violent demonstration, riot police struck a citizen with a rubber projectile, resulting in his death.
The Constitution provides for freedom from arbitrary interference with privacy, home, and correspondence except under the provisions of law and under judicial supervision. Nonetheless, the Government continued to infringe on citizens' right to privacy, although such reports declined significantly during the year. The Government continued to carry out some illegal searches. Telephone calls and personal correspondence remained subject to monitoring. Police informer networks were extensive and sophisticated.
There were no reports during the year of security forces setting up checkpoints at the entrances to villages, conducting vehicle searches, and requiring proof of identity from anyone seeking to enter or exit. A government-controlled proxy prohibited user access to Internet sites considered to be antigovernment or anti-Islamic, but these restrictions were often circumvented (see Section 2.a.).
DETENTION
The Constitution states that "no person shall be arrested, detained, imprisoned, searched or compelled to reside in a specified place except in accordance with the provisions of the law and under the supervision of the judicial authorities." The authorities generally observed these provisions in practice, although there was a report of a case where security officials detained a citizen without a legal warrant. In May DMI officers allegedly detained and beat Jassim Ahmed Salman.
In another incident in December 2001, which was reported to the police in January 2002, two Shi'a youths said they had been held by police for 2 days without being charged. The victims were released within the 48-hour time period that the law allows police to hold suspects without a court order. There were no reports of government investigations into these incidents.
Since the 2001 abolition of the State Security Act, courts refused police requests to detain suspects longer than 48 hours, and the police complied with court orders to release suspects. Judges may grant bail to a suspect. However, attorneys still require a court order to visit detainees in jail.
The Ministry of Justice is responsible for public prosecutors, while the Ministry of Interior oversees the police and all aspects of prison administration. Access to attorneys was restricted; in the early stages of detention, prisoners and their attorneys must seek a court order to be able to meet. Prisoners may receive visits from family members, usually once a month.
The Constitution prohibits forced exile, and there were no reports of new cases of forced exile during the year. All remaining political prisoners were freed, and all exiles officially allowed to return in 2001. Although more than 1000 persons in the country faced problems obtaining proper citizenship documentation during the year, the Government managed to resolve these problems and issued the appropriate documents by the end of the year. The Government also assisted in the return of some 300 persons that had been forced into exile in the past decades.
The Constitution prohibits stripping a person of nationality except in cases of treason and other such cases as prescribed by the law. In the past, the Government revoked the citizenship of persons whom it considered to be security threats. There were no reports of such actions during the year.
All remaining political prisoners were freed and all exiles officially allowed to return in 2001. Although more than 1000 persons still faced problems obtaining proper documentation during the year, the Government managed to resolve these problems and issued the appropriate documents by the end of the year. The Government also assisted in the return of approximately 300 persons that had been forced into exile in the past decades.
COURTS
The Constitution provides for an independent judiciary; however, the judiciary was not independent, and courts wer e subject to government pressure regarding verdicts, sentencing, and appeals. In past cases, the King, the Prime Minister, and other senior government officials lost civil cases brought against them by private citizens; however, the court-ordered judgments were not always implemented expeditiously. Members of the ruling Al-Khalifa family were well represented in the judiciary and generally did not recuse themselves from cases involving the interests of the Government.
According to the new Constitution, the King appoints all judges by Royal Decree. Once appointed, judges are civil servants who may work for the Government until the mandatory age of retirement (60 years). The King also serves as chairman of the Supreme Judicial Council, the body responsible for supervising the work of the courts and the Public Prosecution office. The Constitution does not provide a legislative branch confirmation process for judicial appointees nor does it establish an impeachment process. Article 106 provides for the establishment of a Constitutional Court to rule on the constitutionality of laws and statutes. The King appoints all judges of this special court by Royal Decree. They serve 9-year terms and cannot be removed before their terms expire. The King may present draft laws to this court before their implementation to determine the extent of their agreement with the Constitution, providing rudimentary judicial review. The Court's determination is "binding on all state authorities and on everyone."
The civil and criminal legal systems consisted of a complex mix of courts, based on diverse legal sources, including Sunni and Shi'a Shari'a (Islamic law), tribal law, and other civil codes and regulations. The King's annulment of the 1974 State Security Act abolished its separate, closed security court system, which had jurisdiction in cases of alleged antigovernment activity.
The BDF maintained a separate court system for military personnel accused of offenses under the Military Code of Justice. The Ministry of Interior had a similar system for trying police officials. Neither court reviewed cases involving civilian, criminal, or security offenses.
Defendants may choose their own attorneys. If they are unable to afford a private attorney, defendants may ask the Justice Ministry to appoint an attorney to represent them in court. In the past, some attorneys and family members involved in politically sensitive criminal cases claimed that the Government interfered with court proceedings to influence the outcome or to prevent judgments from being carried out; however, there were no such reports during the year. There were allegations of corruption in the judicial system.
Civil or criminal trial procedures provided for an open trial, the right to counsel (with legal aid available when necessary), and the right to appeal. Criminal court proceedings generally did not appear to discriminate against women, children, or minority groups. Prior to the annulment of the State Security Act in February 2001, there was credible evidence that persons accused of anti-government crimes who were tried in the criminal courts were denied fair trials. Such trials were held in secret, and the defendants were not permitted to speak with an attorney until their appearance before the judge at the preliminary hearing. The annulment of the State Security Act also abolished the State Security Court, which had tried security cases in secret.
There were no reports of political prisoners during the year. In mid-February 2001, the King pardoned and released all political prisoners and detainees. Until that time, the Government held in detention hundreds of Shi'a for offenses involving "national security." In accordance with tradition, the Government releases and grants amnesty to some prisoners on major holidays.
CORRECTIONS
In the past, there were credible reports that prisoners often were tortured and subjected to cruel, inhuman, or degrading treatment. Before the annulment of the State Security Act in February 2001, the Government had difficulty in rebutting allegations of torture and of other cruel, inhuman, or degrading practices because it permitted incommunicado detention and detention without trial. There continued to be credible reports of prisoners being beaten and mishandled. Government officials and human rights activists stated that these practices resulted more from poor police training and lax supervision rather than from a systematic, extrajudicial effort to punish suspects. There continued to be no known instances of officials being punished for human rights abuses committed either during the year or in any previous year.
There were no allegations that security forces threatened female detainees with rape or inflicted other forms of sexual abuse and harassment on them while they were in custody.
The prisons generally met international standards. Women prisoners were housed separately from men, and juveniles were housed separately until the age of 15. The last visit of the International Committee of the Red Cross (ICRC) to monitor prisons was in 2001, when the last of the country's political prisoners were freed.
WOMEN
Women's groups and health care professionals stated that spousal abuse was common, particularly in poorer communities. In general, there was little public attention to, or discussion of the problem. Incidents usually were kept within the family. No government policies or laws explicitly addressed violence against women. During the year, a few articles appeared in the local press discussing violence against women and the need for laws to defend women who are abused. There were very few known instances of women seeking legal redress for violence. Anecdotal evidence suggested that the courts were not receptive to such cases. Rape is illegal; however, because marital relations are governed by Shari'a law, spousal rape was not a legal concept within the law.
It was not uncommon for foreign women working as domestic workers to be beaten or sexually abused. Numerous cases were reported to local embassies and the police. However, most victims were too intimidated to sue their employers. Courts reportedly allowed victims who do appear to sue for damages, return home, or both.
Although prostitution is illegal, some foreign women, including some who worked as hotel and restaurant staff, engaged in prostitution.
Conditions for women in the country improved during the year, and the Government played a leadership role in promoting the rights of women. The Government publicly encouraged women to work and was a leading employer of women, who constituted a significant percentage of the government workforce and included university professors, public school teachers, and employees in the public health and social sectors. However, in 2001, approximately 17 percent of the total work force was female, and more than half of the female workers were noncitizens. NGOs working on women's issues were very active in encouraging women to vote and to run for office during the municipal council and parliamentary elections. Several of these NGOs were also active on social issues such as health and education, and provision of assistance to women and children, particularly the poor.
Shari'a governs the legal rights of women. Specific rights vary according to Shi'a or Sunni interpretations of Islamic law, as determined by the individual's faith, or by the court in which various contracts, including marriage, are made. Some women complained that Shari'a courts were biased against women, especially in divorce cases. In October a group of representatives of women's' societies filed complaints with the Minister of Justice and Islamic Affairs against several Shari'a judges, arguing that women were often treated unfairly in these courts. They also called for the issuance of a long-promised Personal Status Law that would more clearly define women's rights.
While both Shi'a and Sunni women have the right to initiate a divorce, religious courts may refuse the request. Although local religious courts may grant a divorce to Shi'a women in routine cases, occasionally Shi'a women seeking divorce under unusual circumstances must travel abroad to seek a higher ranking opinion than that available in the country. Women of either branch may own and inherit property and may represent themselves in all public and legal matters. In the absence of a direct male heir, Shi'a women may inherit all property. By contrast, in the absence of a direct male heir, Sunni women inherit only a portion as governed by Shari'a; the balance is divided among the brothers or male relatives of the deceased. In practice, better-educated families used wills and other legal maneuvers to ameliorate the negative impact of these rules.
In divorce cases, the courts routinely grant Shi'a and Sunni women custody of daughters under the age of 9 and sons under the age of 7, although custody usually reverts to the father once the children reach those ages. Regardless of custody decisions, in all circumstances, except for mental incapacitation, the father retains the right to make certain legal decisions for his children, such as guardianship of any property belonging to the child, until the child reaches legal age. A noncitizen woman automatically loses custody of her children if she divorces their citizen father. A Muslim woman legally may marry a non-Muslim man if the man converts to Islam. In such marriages, the children automatically are considered to be Muslim. Women may obtain passports and leave the country without the permission of the male head of the household. Women were free to work outside the home, to drive cars without escorts, and to wear clothing of their choice.
Women increasingly took jobs previously reserved for men and constituted approximately 17 percent of the workforce. Labor laws do not discriminate against women; however, in practice there was discrimination in the workplace, including inequality of wages and denial of opportunity for advancement. Sexual harassment is prohibited; however, it was a widespread problem for foreign women, especially those working as domestics and other low-level service jobs. The Government has encouraged the hiring of women, enacted special laws to promote their entry into the work force, and was a leading employer of women. Laws do not recognize the concept of equal pay for equal work, and women frequently were paid less than men. Generally women worked outside the home during the years between secondary school or university and marriage.
Women made up the majority of students at the country's universities, although some women complained that admissions policies at the National University aimed to increase the number of male students at the expense of qualified female applicants, especially Shi'a women.
There were a large number of women's organizations that sought to improve the status of women under both civil and Islamic law. Constitutional provisions granting women the right to vote and run for elected office were advances for women's rights. However, some women expressed the view that, despite their participation in the work force and their constitutional rights, in practice women's rights were not advancing significantly because of the influence of religious traditionalists. Other women desired a return to more traditional values and supported calls for a return to traditional Islamic patterns of social behavior.
CHILDREN
The Government has stated often its commitment to the protection of children's rights and welfare within the social and religious framework of society. It generally honored this commitment through enforcement of civil and criminal laws and an extensive social welfare network. Public education for citizen children below the age of 15 was free. While the Constitution provides for compulsory education at the primary levels (usually up to 12 or 13 years of age), the authorities did not enforce attendance. Limited medical services for infants and preadolescents were provided free of charge.
The social status of children is shaped by tradition and religion to a greater extent than by civil law. Child abuse was rare, as was public discussion of it; the preference of the authorities was to leave such matters within the purview of the family or religious groups. One case that drew public attention was that of a 13-year old girl who was reportedly abused by members of her family and then disappeared. According to local media, the case received attention at the highest levels of the Government, but despite the Prime Minister's public charge to the police to find her, she remained missing at year's end. The authorities actively enforced the laws against prostitution, including child prostitution, procuring, and pimping. Violators were dealt with harshly and may be imprisoned, or, if a noncitizen, deported. In the past, the authorities reportedly returned children arrested for prostitution and other nonpolitical crimes to their families rather than prosecute them, especially for first offenses. There were no reports of child prostitution during the year.
Some legal experts called on the Government to establish a separate juvenile court. However, other citizens insisted that the protection of children was a religious, not a secular, function and opposed greater government involvement. Independent and quasi-governmental organizations, such as the Bahraini Society for the Protection of Children and the Mother and Child Welfare Society, played an active part in protecting children by providing counseling, legal assistance, advice, and, in some cases, shelter and financial support to distressed children and families. The Child Care Home, funded from both government and private sources, provided shelter for children whose parents were unable to care for them.
There were very few reports of arrests and detentions of juveniles during the year, and those who were arrested reportedly were released soon thereafter.
TRAFFICKING IN PERSONS
The law does not specifically prohibit trafficking in persons, and there were reports that some foreign workers were recruited for employment on the basis of fraudulent contracts and then forced to work under conditions different from what was promised.
Workers from Southeast Asia, South Asia, Ethiopia, and the former Soviet Union reported being forced into conditions that amounted to trafficking. Some of these victims reported being sexually exploited or being forced to work as prostitutes; however, the most common forms of trafficking in persons involved unskilled construction laborers and domestic workers. Victims of this form of trafficking experienced withholding of passports by employers, alteration of contracts without their consent, nonpayment of salaries, or being forced to work extremely long hours.
Although prostitution is illegal, some foreign women, including some who worked as hotel and restaurant staff, engaged voluntarily in prostitution. There were also reports that some women were forced into prostitution. When the Government discovered this kind of abuse, it generally responded by prosecuting the offender, often the victim's sponsor or employer. There were persistent reports that some women working in hotels and restaurants were locked in a communal house or apartment when not working and driven to work in a van.
The Government began to take steps to combat trafficking. It recognizes that trafficking is a problem and in February created an interministerial National Task Force committee to formulate a comprehensive plan to combat trafficking. The committee was considering plans to deliver pamphlets on workers' rights to expatriate workers in the country, provide manuals on these rights to local diplomatic missions, create a dedicated entrance for workers arriving in the country, and install a telephone hot line for victims. Victims of trafficking may seek assistance from their embassies. The Government did not provide assistance to victims.
MONEY LAUNDERING
Bahrain is a financial and offshore center, albeit no longer a growing one, and is potentially vulnerable to money laundering. In 1992 and 1993, the government introduced various incentives to foreign investment, such as the elimination of personal, corporate and withholding taxes, the removal of restrictions on the repatriation of profits, and rebates on land, rent and power charges. However, the government bureaucracy and the absence of institutional reform remain deterrents to foreign investment. Bahrain has a number of Islamic banks, which generate profits through fees, rather than interest; these fees are often paid in cash. The hawala/hundi alternative remittance system, a potential venue for money laundering, is widely used in the Gulf, particularly by Indian and Pakistani workers. These foreign workers send money home via this system, which is generally more reliable and less expensive than traditional banking channels. Bahrain is known for its offshore banking units, which specialize in financial services. Bahrain permits international business companies with limited liability from parent companies In addition, Bahrain advertises its government-sponsored services on the Internet. Bahrain has not yet criminalized money laundering, but Bahrain's banking law and regulations require the reporting of suspicious transactions and a know-your-customer regime. Although Bahrain has been working through the GCC on efforts to develop uniform legislation to criminalize money laundering, it does not appear that any will be enacted anytime soon. Although Bahrain is a party to the 1988 UN Drug Convention, it is not considered to be in compliance with the Convention's goals. The Bahrain Monetary Agency, which is Bahrain's central bank, has an Inspection Directorate with fairly wide powers, but it is not known to what extent this organization has taken steps to prevent money laundering or to deal with instances of suspected money laundering. Bahrain is represented at the FATF by the GCC, of which it is a member. Bahrain is a member of the OGBS and has agreed to undergo a mutual evaluation under the auspices of this body. Bahrain should act immediately to enact anti-money laundering legislation to protect its financial system from abuse.
ACKNOWLEDGEMENTS
Internet research assisted by Jill Torres