In 1993 Bahrain was a constitutional monarchy in the form of an amirate with an executive-cabinet form of government and a separate judiciary. The amir is head of state and also supreme commander of the Bahrain Defense Force (BDF); he exercises ultimate authority in all matters pertaining to the government. In addition to the amir, Shaykh Isa ibn Salman, principal government officials include his eldest son and heir apparent, Hamad ibn Isa, who is commander in chief of the BDF and deputy prime minister, and several other members of the ruling Al Khalifa. In accordance with the constitution adopted in 1973, the office of amir passes from father to eldest son unless the amir designates another male relative to succeed him. This clause of the constitution is not subject to amendment.
Although the amir has substantial executive powers, in practice he has delegated decision-making authority to a cabinet since 1956, when an amiri decree created the Administrative Council, an eleven-member body that advised the ruler on policy and supervised the growing bureaucracy. In 1970 Shaykh Isa ibn Salman issued a decree that transformed the Administrative Council into a twelve-member Council of Ministers. The president of the Council of Ministers, the prime minister, serves as the head of government. The amir appoints the prime minister, who then forms a government by selecting members of the Council of Ministers, albeit in consultation with the amir. The ministers are directly responsible to the prime minister, who, like the amir, has authority to veto a decision by any member of the council.
The Council of Ministers gradually expanded to include eighteen members, including the prime minister and the deputy prime minister. In late 1992, the prime minister, deputy prime minister, and seven of the sixteen ministers were members of the ruling Al Khalifa. The prime minister, Khalifa ibn Salman, is the brother of the amir. The amir's son holds the cabinet rank of deputy prime minister. The amir's uncle, Major General Khalifa ibn Ahmad, is minister of defense; and the amir's two first cousins, Muhammad ibn Khalifa and Muhammad ibn Mubarak, are minister of interior and minister of foreign affairs, respectively. Khalifa ibn Salman, the son of the amir's second cousin, is minister of labor and social affairs. A more distantly related cousin, Abd Allah ibn Khalid, a first cousin of the amir's grandfather, is minister of justice and Islamic affairs.
Showing posts with label Government and Politics. Show all posts
Showing posts with label Government and Politics. Show all posts
Monday, January 7, 2008
The Constitutional Experiment
On December 16, 1971, the day Bahrain formally became independent of Britain (Bahrain technically gained its independence earlier in the year, on August 15), Shaykh Isa ibn Salman announced that the country would have a constitutional form of government. Six months later, he issued a decree providing for the election of representatives to a Constituent Assembly, charged with drafting and ratifying a constitution. The assembly was to consist of twenty-two elected delegates plus twenty additional members, including eight delegates appointed by the amir and the twelve members at the time of the Council of Ministers. The election, which was held in December 1972, was the first national election in Bahrain's history. The electorate was restricted, however, to native-born male citizens aged twenty years and older.
The relative openness of political debate permitted during the election campaign for the twenty-two contested Constituent Assembly seats encouraged individuals dissatisfied with the lack of democratic rights to demand more civil liberties. The primary focus of concern was the 1965 Law of Public Security, a series of three amiri decrees that authorized the ruler to maintain indefinitely a virtual state of emergency in order to protect national security from suspected foreign and domestic enemies. A group of mostly university-educated professionals, led by Abd al Aziz Shamlan, unsuccessfully petitioned the amir to rescind the law's harshest provisions, especially those pertaining to arrest and detention. They believed these measures had been used arbitrarily to silence dissent and peaceful opposition. Several women's groups also organized to protest the exclusion of women from the franchise. They presented a petition to the amir requesting support for extending voting rights to female citizens, but they failed to receive a positive response.
The Constituent Assembly was in session during most of 1973. It approved a constitution of 108 articles. The constitution, enacted by amiri decree in December 1973, provided for an advisory legislative body, the National Assembly, consisting of thirty members elected for four-year terms, plus all the members of the Council of Ministers whose terms were not fixed. The assembly was not empowered to initiate or enact legislation, but it was authorized to give advice and consent to laws proposed by the Council of Ministers. The assembly had the right to question individual ministers about policies and to withdraw confidence from any minister except the prime minister. The constitution stipulated that the amir could dissolve the assembly at his discretion, provided he make public the grounds for so doing. If the assembly were dissolved by decree, new elections had to take place within two months or the dissolution would be invalidated and the dismissed members reinstated.
Election for the National Assembly took place in December 1973, with the franchise restricted, as in the Constituent Assembly election, to male citizens. In theory, the thirty elected representatives were independents because political parties were not permitted; in practice, several of the assemblymen openly supported the positions and views of banned political organizations, including the National Front for the Liberation of Bahrain, which espoused Marxist economic ideas. Consequently, two distinct coalitions emerged in the assembly: the People's Bloc, consisting of eight members who advocated the legalization of labor unions and the abolition of the 1965 security measures; and the Religious Bloc, consisting of six Shia members who supported labor reforms and various social restrictions, such as a ban on the sale of alcoholic beverages. The majority of elected members--sixteen representatives-- comprised a heterogeneous group of independents whose individual positions shifted with the issues. The People's Bloc and the Religious Bloc tended to refer to the independents pejoratively as the Government Bloc because they usually tried to effect compromises between the ministers and their National Assembly critics.
Although the National Assembly lacked authority to prevent the government from enacting legislation that assembly members opposed, this situation did not impede policy debates. The unprecedented public debates attracted wide interest and, from the perspective of the regime, seemed to erode its legitimacy. During the winter and spring of 1975, a prolonged debate over a new state security decree proved especially troubling for the government. It appeared that most independents, as well as the Religious Bloc, supported the demand of the People's Bloc that the decree, issued in December 1974 without prior consultation with the assembly, be submitted to the legislature for ratification before its implementation. The issue was unresolved in May 1975, when the assembly recessed for the summer. In August, before the members reconvened, the amir dissolved the National Assembly, citing its inability to cooperate with the government. Although the constitution stipulated that new elections had to take place within two months of a dissolution, this did not occur. One year later, in August 1976, Shaykh Isa ibn Salman announced that the National Assembly would remain dissolved indefinitely.
Although there are no political parties through which citizens can express views, they can petition the amir for redress of grievances. The amir holds a regular majlis, or public meeting, at which he listens to views of citizens and accepts petitions for his intervention in dealing with the bureaucracy or some other problem. Officials of the islands' eleven municipalities follow the amir's example and hold local versions of the national majlis.
The relative openness of political debate permitted during the election campaign for the twenty-two contested Constituent Assembly seats encouraged individuals dissatisfied with the lack of democratic rights to demand more civil liberties. The primary focus of concern was the 1965 Law of Public Security, a series of three amiri decrees that authorized the ruler to maintain indefinitely a virtual state of emergency in order to protect national security from suspected foreign and domestic enemies. A group of mostly university-educated professionals, led by Abd al Aziz Shamlan, unsuccessfully petitioned the amir to rescind the law's harshest provisions, especially those pertaining to arrest and detention. They believed these measures had been used arbitrarily to silence dissent and peaceful opposition. Several women's groups also organized to protest the exclusion of women from the franchise. They presented a petition to the amir requesting support for extending voting rights to female citizens, but they failed to receive a positive response.
The Constituent Assembly was in session during most of 1973. It approved a constitution of 108 articles. The constitution, enacted by amiri decree in December 1973, provided for an advisory legislative body, the National Assembly, consisting of thirty members elected for four-year terms, plus all the members of the Council of Ministers whose terms were not fixed. The assembly was not empowered to initiate or enact legislation, but it was authorized to give advice and consent to laws proposed by the Council of Ministers. The assembly had the right to question individual ministers about policies and to withdraw confidence from any minister except the prime minister. The constitution stipulated that the amir could dissolve the assembly at his discretion, provided he make public the grounds for so doing. If the assembly were dissolved by decree, new elections had to take place within two months or the dissolution would be invalidated and the dismissed members reinstated.
Election for the National Assembly took place in December 1973, with the franchise restricted, as in the Constituent Assembly election, to male citizens. In theory, the thirty elected representatives were independents because political parties were not permitted; in practice, several of the assemblymen openly supported the positions and views of banned political organizations, including the National Front for the Liberation of Bahrain, which espoused Marxist economic ideas. Consequently, two distinct coalitions emerged in the assembly: the People's Bloc, consisting of eight members who advocated the legalization of labor unions and the abolition of the 1965 security measures; and the Religious Bloc, consisting of six Shia members who supported labor reforms and various social restrictions, such as a ban on the sale of alcoholic beverages. The majority of elected members--sixteen representatives-- comprised a heterogeneous group of independents whose individual positions shifted with the issues. The People's Bloc and the Religious Bloc tended to refer to the independents pejoratively as the Government Bloc because they usually tried to effect compromises between the ministers and their National Assembly critics.
Although the National Assembly lacked authority to prevent the government from enacting legislation that assembly members opposed, this situation did not impede policy debates. The unprecedented public debates attracted wide interest and, from the perspective of the regime, seemed to erode its legitimacy. During the winter and spring of 1975, a prolonged debate over a new state security decree proved especially troubling for the government. It appeared that most independents, as well as the Religious Bloc, supported the demand of the People's Bloc that the decree, issued in December 1974 without prior consultation with the assembly, be submitted to the legislature for ratification before its implementation. The issue was unresolved in May 1975, when the assembly recessed for the summer. In August, before the members reconvened, the amir dissolved the National Assembly, citing its inability to cooperate with the government. Although the constitution stipulated that new elections had to take place within two months of a dissolution, this did not occur. One year later, in August 1976, Shaykh Isa ibn Salman announced that the National Assembly would remain dissolved indefinitely.
Although there are no political parties through which citizens can express views, they can petition the amir for redress of grievances. The amir holds a regular majlis, or public meeting, at which he listens to views of citizens and accepts petitions for his intervention in dealing with the bureaucracy or some other problem. Officials of the islands' eleven municipalities follow the amir's example and hold local versions of the national majlis.
Legal System
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.
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.
Foreign Relations
Since independence in 1971, one of the most important objectives of Bahrain's foreign policy has been to contain perceived threats to the country's security. As the smallest state in the region, Bahrain feels vulnerable to political influences emanating from more powerful neighbors, in particular Iran and Iraq, and it regards close ties to Saudi Arabia and other Arab monarchial regimes as a means of countering these potentially harmful influences. During the 1970s, for example, the Baath socialist media in Baghdad frequently denounced Manama as an enemy of Arab nationalism and a puppet of Washington's imperialism because it allowed United States naval vessels to use a naval base in Bahrain. The government also believes that Baghdad has provided financial and other support to Bahraini opposition groups calling for the overthrow of the Al Khalifa dynasty. Although Iraq moderated its policies toward Bahrain in the late 1970s, the Iranian Revolution of 1979 confronted the government with new ideological challenges. Some Shia clergy in Tehran denounced the institution of monarchy as un-Islamic, and some Shia political dissidents in Bahrain embraced this message enthusiastically. During the 1980s, government officials suspected Iranian complicity in four separate plots that it maintained were aimed at the overthrow of the regime.
The outbreak of the Iran-Iraq War in 1980 aroused security concerns that Bahrain shared with the other five Arab monarchies in the gulf: Kuwait, Qatar, the UAE, Oman, and Saudi Arabia. During the 1970s, Bahrain lobbied these countries to cooperate in defense matters, but, other than bilateral agreements, little came from these efforts. By early 1981, when the fighting between Iran and Iraq appeared to have settled into a long-term conflict, attitudes changed, and all five Arabian Peninsula oil-producing states joined Bahrain in the GCC. Ostensibly, the GCC agreement emphasized economic cooperation, but the level of cooperation in security matters increased annually. For Bahrain this meant financial assistance for expanding its defense forces and facilities and the opportunity to participate in joint training maneuvers. When fellow GCC member Kuwait was invaded by Iraq in 1990, Bahrain joined the collective military effort against Iraq by sending a small contingent of troops to the front lines in Saudi Arabia. It also permitted United States military forces to use its naval and air facilities.
Since 1981 Bahrain's most important foreign relations have been with its GCC allies, although problems with individual members of the GCC have developed. The most serious problems have been with Qatar. Bahrain and Qatar have unresolved territorial disputes stemming from the nineteenth century when the Al Thani of Qatar foreswore allegiance to the Al Khalifa and established a separate amirate. In the twentieth century, the two states have contested sovereignty over Hawar and the adjacent islands, the closest of which is fewer than two kilometers from Qatar's west coast. In 1939, when both countries were still dependencies of Britain, London ruled that the islands belonged to Bahrain. Qatar never accepted this decision and periodically has raised the issue. Incidents connected with this dispute occurred in 1978, in 1982, and in 1986, but each time they were defused by the mediation of other GCC states. The most serious crisis, from April to June 1986, involved Qatari forces raiding the Fasht ad Dibal coral reef island north of Al Muharraq and seizing twentynine foreign workers who were building a coast guard station for the government of Bahrain. The repercussions from this incursion have continued into the 1990s. These incidents tended to strain overall relations with Qatar.
Outside the Persian Gulf region, Bahrain has cordial relations with other countries. The two non-Arab countries with which it maintains the closest relations are Britain and the United States. After the Persian Gulf War, Bahrain held negotiations with Washington that culminated in 1992 in the signing of a defense cooperation agreement. The terms of this agreement permit the United States to pre-position military supplies and equipment in Bahrain and to use its military facilities.
Bahrain is a member of several international organizations, including the United Nations, the International Monetary Fund, and the World Health Organization. It also belongs to several regional organizations, the most important of which is the League of Arab States, as well as to OPEC and the Organization of the Islamic Conference.
The outbreak of the Iran-Iraq War in 1980 aroused security concerns that Bahrain shared with the other five Arab monarchies in the gulf: Kuwait, Qatar, the UAE, Oman, and Saudi Arabia. During the 1970s, Bahrain lobbied these countries to cooperate in defense matters, but, other than bilateral agreements, little came from these efforts. By early 1981, when the fighting between Iran and Iraq appeared to have settled into a long-term conflict, attitudes changed, and all five Arabian Peninsula oil-producing states joined Bahrain in the GCC. Ostensibly, the GCC agreement emphasized economic cooperation, but the level of cooperation in security matters increased annually. For Bahrain this meant financial assistance for expanding its defense forces and facilities and the opportunity to participate in joint training maneuvers. When fellow GCC member Kuwait was invaded by Iraq in 1990, Bahrain joined the collective military effort against Iraq by sending a small contingent of troops to the front lines in Saudi Arabia. It also permitted United States military forces to use its naval and air facilities.
Since 1981 Bahrain's most important foreign relations have been with its GCC allies, although problems with individual members of the GCC have developed. The most serious problems have been with Qatar. Bahrain and Qatar have unresolved territorial disputes stemming from the nineteenth century when the Al Thani of Qatar foreswore allegiance to the Al Khalifa and established a separate amirate. In the twentieth century, the two states have contested sovereignty over Hawar and the adjacent islands, the closest of which is fewer than two kilometers from Qatar's west coast. In 1939, when both countries were still dependencies of Britain, London ruled that the islands belonged to Bahrain. Qatar never accepted this decision and periodically has raised the issue. Incidents connected with this dispute occurred in 1978, in 1982, and in 1986, but each time they were defused by the mediation of other GCC states. The most serious crisis, from April to June 1986, involved Qatari forces raiding the Fasht ad Dibal coral reef island north of Al Muharraq and seizing twentynine foreign workers who were building a coast guard station for the government of Bahrain. The repercussions from this incursion have continued into the 1990s. These incidents tended to strain overall relations with Qatar.
Outside the Persian Gulf region, Bahrain has cordial relations with other countries. The two non-Arab countries with which it maintains the closest relations are Britain and the United States. After the Persian Gulf War, Bahrain held negotiations with Washington that culminated in 1992 in the signing of a defense cooperation agreement. The terms of this agreement permit the United States to pre-position military supplies and equipment in Bahrain and to use its military facilities.
Bahrain is a member of several international organizations, including the United Nations, the International Monetary Fund, and the World Health Organization. It also belongs to several regional organizations, the most important of which is the League of Arab States, as well as to OPEC and the Organization of the Islamic Conference.
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