King Hamad: Bahrain to become a modern constitutional democracy

arabicnews ^ | 2/15/2002

[Ranger]

The Ruler of Bahrain, Emir Hamad bin Isa Khalifa, announced yesterday that his country is to become a constitutional hereditary monarchy.

This historic event comes a year after another historic event where in a unique democratic experience, the citizens of Bahrain used the "referendum system" to vote on an issue - the National Action Charter which would outline the basis for a new constitution for the country.

Now a King, King Hamad announced the activation of Bahrain's constitution. The constitution based on the charter is to be modern, with three separate and independent bodies that are the executive, the legislative and the judiciary.

The Legislative is to include two bodies one elected and one appointed. According to the national charter "The first council will be elected directly and freely by the citizens and will have legislative attributes. The second council will be appointed and will include experts and competent citizens who will offer advice and knowledge as requested by the Shura." Clarifying "Laws will be issued as stipulated by the Constitution and according to constitutional systems and traditions used by long-standing democracies," a point that is interpreted as the dominance of the elected branch over the appointed branch, as is the standard in modern democracies. Otherwise critics contend, the kingdom would be nothing more than a rubber stamp for the king, a far cry from the aspirations the king has outlined.

In another concept little practiced in world governments, Bahrain is to grant the courts the power of Judicial Review, i.e., the court will be able to strike down laws if they are judged to not be constitutional. It said "The establishment of a constitutional court to monitor and examine the legality of bills and regulations," adding "while ensuring that the judges of this court "are not subject to deposition," The Gulf Daily News quoted a high level official as saying.

The official added "The constitution has been amended to ensure the full independence of the finance auditing bureau so it can perform its functions efficiently."

Women would have full and equal rights, and would be able to vote and nominate themselves for all political offices.

Bahrain, intends to go further granting equal rights to all citizens regardless of nationality or religion as stated in the charter "The State has to guarantee the rights of all citizens, with no discrimination, within a wider and more comprehensive principle: equality of human dignity between all people. This principle was sanctified by Islam fourteen centuries ago, and in his Last Sermon, Prophet Mohammed (Peace be upon him) said that people were equal like the teeth of a comb, and that an Arab has no superiority over a non-Arab and a white has no superiority over a black except by piety and good action," adding that "All citizens are equal before the law in rights and duties. There is no discrimination between them on the grounds of sex, origin, language, religion, or creed."

The charter adds further that personal freedom is guaranteed saying that "Personal freedoms are guaranteed according to the law. No person shall be arrested, detained, imprisoned, searched, confined to a residence, or impound his freedom of residence or movements, except in accordance with the law and under the supervision of the judiciary."

On the personal rights side, Bahrain has reached to the rarest judicial standard, little practiced even in advanced democracies, that "an accused person is innocent until proven guilty by a fair trial" further adding that "he is endured of access to defense at all the stages of the investigations and the trial according to the law."

The charter also promotes a zone of privacy to the citizen that protects him/her from the governmental intrusion. It said "Personal correspondences have their sanctity and secrecy. Postal, telegraphic, telephonic and electronic communications are sacred, and shall not be subject to monitoring or search, except in highly exceptional cases stipulated by the law under the supervision of judicial authorities."

The king said there would be early elections on Oct 24 for the parliament, and on May 9 for the municipal elections.

[Quila]

Just as Christianity did several hundred years ago, Islam starts pulling itself out of the dark ages. One country down, several to go. But then Bahrain was already the local place Muslims in the Gulf go to when they want to come into the modern world.

[Ranger]

Yes, I applaud Bahrian in its move to democracy.

There are several good articles on this topic out of Lebannon which called it the wave of the future, but for some reason FR's website wouldn't let the articles post even after several tries.

[ccmay]

I am impressed. I just hope the Emir sticks to his democratic principles when the people choose a path contrary to his wishes. My hat is off to anyone who can walk away from absolute power and turn it over to the people.

-ccm

[Ranger]

Yes, I'm impressed too. One of the Beirut articles said that what would now be difficult was for the 'loyal opposition' in Bahrain to come to grips with the fact that new freedom meant new responsibility; that they now had a stake in preserving the system whether they liked the election results or not. I hope is works. I for one don't like the demonization of islam or arabs so often posted on FR. We should welcome progress where we can find it and Bahrain offers such an opportunity. My hat off to a leader that can walk away from absolute power.