His Majesty Delivers a Speech to Citizens Concerning Request to Amend Some Articles of the Constitution, 15 January 2012

Export agreement:

Export agreement coding (PDF)

Country/entity: Bahrain
Region: Middle East and North Africa
Agreement name: His Majesty Delivers a Speech to Citizens Concerning Request to Amend Some Articles of the Constitution, 15 January 2012
Date: 15 Jan 2012
Agreement status: Unilateral document
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Bahraini Uprising (2011 - )
Following uprisings across the MENA region in early 2011, protests ensued on February 14, 2011, aimed at generating social reforms and greater social equality for Bahrain's Shi'a majority. Following the deaths of two protesters in the first two days, a sit-in was held at the Pearl Roundabout in Manama on February. The next morning, security forces stormed the camp, killing 4 protesters, marking a turning point in the conflict. Protests picked up momentum and by April 2012, over 80 protesters and security forces had been killed in violence from both sides. In December 2013, there were impromptu 183 protests alone. Sectarian tensions are further heightened by the recruitment of Sunni Muslims into the National Army from abroad, and the deployment of soldiers from the predominantly Sunni GCC Joint Shield Force. There is also an indication of state-sponsored systematic destruction of Shi'a mosques across Bahrain following the protests.

On July 2, 2011, King Hamad bin Isa Al Khalifa instigated the Bahrain National Dialogue as a means to promote reconciliation between the government and Bahrainis. 300 participants were involved with 37% representation dedicated for political organisations, 36% for CSOs, 21% for opinion leaders and 6% for media representation. Opposition parties were only granted 5 seats, and there was much criticism of the un-balanced nature of the National Dialogue. The National Dialogues were suspended by January 2014. Parliamentary Elections later that year boycotted and dismissed by the Shia opposition as a farce, followed by the arrest of the opposition(Al-Wefaq) leader Sheikh Ali Salman, ensuing into protests and clashes between his supporters and security forces. Systemic harassment and prosecution of Shias continue.
Stage: Implementation/renegotiation
Conflict nature: Government
Peace process: Bahrain: Reform-based peace process
Parties: His Majesty King Hamad bin Isa Al Khalifa
Third parties: -
Description: Short speech by King Hamad bin Khalifa detailing reforms to Bahrains political institutions and outlining economic development goals, as well as requesting that society work together to ensure that "young people respect the law".

Agreement document: BH_120115_His Majesty Delivers a Speech to Citizens Concerning Request to Amend Some Articles of the Constitution.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Rhetorical
Page 2, ...Furthermore, we call upon all segments of society – the community and the family – to work together to ensure that our young people respect the law. This is a responsibility that must be shouldered by all, especially when respect for the law is linked to the principles of coexistence, tolerance, harmony and love...
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: Page 2, We cannot fail at this point to emphasize that democracy is not just literature, or constitutional and legislative provisions. Democracy is a culture and practice, commitment to the rule of law, respect for the international principles of human rights, coupled with serious national political action that represents all spectrums of society without exclusion or quotas. In parallel with this crucial step that we take today, we call for other important steps to be made to reinforce the democratic culture and practice on the land of our beloved country. Furthermore, we call upon all segments of society – the community and the family – to work together to ensure that our young people respect the law. This is a responsibility that must be shouldered by all, especially when respect for the law is linked to the principles of coexistence, tolerance, harmony and love.

State definition

Nature of state (general): Page 1, ... to reflect our commitment to the stability of the nation, the unity of its people, and the realization of their aspirations, taking into consideration the best interests of the homeland, and the interests of present and future generations of citizens to develop our democracy and our political programs.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): Governance→Political institutions (new or reformed)→New political institutions (indefinite)
Page 1, The amendments add new guarantees to be applied when exercising the right to dissolve the Council of Representatives. They require and entail consultation with the Chairman of the Shura Council, the Chairman of the Council of Representatives, and the President of the Constitutional Court, while previously it required only the consent of the King and the Prime Minister. Further, in respect of the appointment of members of the Shura Council, the amendments call for a Royal Decree to be issued by the King prior to the order of appointment setting out the method, procedures, and guidance that govern the selection process.

Page 2, In line with the conclusions of the National Consensus Dialogue, these constitutional amendments aim to reflect the popular will in the formation of the government based on its program. The Council of Representatives will discuss the government program after it swears the constitutional oath. Moreover, it has the right to approve or reject the government program, and if the program is approved, the government has secured the confidence of the Council.

In addition, the proposed recommendation consolidates the oversight role of the Council of Representatives as a sole monitoring Power. Thus, the recommendations grant the Council the right to end cooperation with government, and to initiate discussions on any public theme. The amendments add additional guarantees to ensure the participation of the Council of Representatives collectively during the discussions of the questions addressed to Ministers, and to set a timeframe for the government to justify any rejection of the demands of the Council.

Alongside this, the Council has been vested with the constitutional right to question and withdraw confidence from Ministers, as well as to set up Committees to conduct such questioning.

While the Constitution had previously given jurisdiction to the Chairman of the Shura Council to refer the bills approved by the two Chambers to the Prime Minister to pass them, and given him priority to preside over the meetings of the National Council, the amendments have vested these jurisdictions and this priority to the Chairman of the Council of Representatives.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitution affirmation/renewal
Page 1, Our loyal people have demonstrated that their will, despite all events, is devoted to continuing the reform project, to preserving the achievements of the Charter and the Constitution, and to accelerating progress and momentum through constitutional institutions.
Governance→Constitution→Constitutional reform/making
Page 2, In addition, the amendments set out the competent authority for drafting bills, raising constitutional amendment proposals, proposing laws or draft Constitutional amendments, and determining the necessary period of time to refer such bills to the Council where the proposal was originated. These amendments allow both Councils to more easily set the state budget, in a way that helps to effectuate the new budget at the beginning of the fiscal year, and preclude the announcement of a budget of more than two fiscal years.

In line with the conclusions of the National Consensus Dialogue, these constitutional amendments aim to reflect the popular will in the formation of the government based on its program. The Council of Representatives will discuss the government program after it swears the constitutional oath. Moreover, it has the right to approve or reject the government program, and if the program is approved, the government has secured the confidence of the Council.

Page 2-3, Constitutional and political reform cannot be attained, or continue to exist, in a vacuum, but it is in parallel and closely related to economic reform, development efforts and to the social reform that takes into account the interests of all citizens of this country.

Power sharing

Political power sharing: Power sharing→Political power sharing→Proportionality in legislature
State level
Page 1,
Accordingly, and in line with our mandate to propose constitutional amendments and to honor our promise, we will later issue a Royal Decree to refer to the Council of Representatives and the Shura Council, requesting the constitutional amendments as stated in the recommendations of the National Consensus
Dialogue. The philosophy and motivation behind this request is to open new horizons for our democracy, based on the National Consensus Dialogue recommendations, and to reflect our commitment to the stability of the nation, the unity of its people, and the realization of their aspirations, taking into consideration the best interests of the homeland, and the interests of present and future generations of citizens to develop our democracy and our political
programs.
Power sharing→Political power sharing→Form of 'veto' or communal majority
State level
Page 2-3,
In line with the conclusions of the National Consensus Dialogue, these constitutional amendments aim to reflect the popular will in the formation of the government based on its program. The Council of Representatives will discuss the government program after it swears the constitutional oath.
Moreover, it has the right to approve or reject the government program, and if the program is approved, the government has secured the confidence of the Council.

In addition, the proposed recommendation consolidates the oversight role of the Council of Representatives as a sole monitoring Power. Thus, the recommendations grant the Council the right to end cooperation with government, and to initiate discussions on any public theme. The amendments add additional guarantees to ensure the participation of the Council of Representatives
collectively during the discussions of the questions addressed to Ministers, and to set a timeframe for the government to justify any rejection of the demands of the Council.

Alongside this, the Council has been vested with the constitutional right to question and withdraw confidence from Ministers, as well as to set up Committees to conduct such questioning.
Power sharing→Political power sharing→Segmental autonomy
State level
Page 1-2, Further, in respect of the appointment of members of the Shura Council, the amendments call for a Royal Decree to be issued by the King prior to the order of appointment setting out the method, procedures, and guidance that govern the selection process.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 2, We cannot fail at this point to emphasize that democracy is not just literature, or constitutional and legislative provisions. Democracy is a culture and practice, commitment to the rule of law, respect for the international principles of human rights, coupled with serious national political action that represents all spectrums of society without exclusion or quotas. In parallel with this crucial step that we take today, we call for other important steps to be made to reinforce the democratic culture and practice on the land of our beloved country. Furthermore, we call upon all segments of society – the community and the family – to work together to ensure that our young people respect the law. This is a responsibility that must be shouldered by all, especially when respect for the law is linked to the principles of coexistence, tolerance, harmony and love.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: Rights related issues→Citizenship→Citizen, general
Page 1, In the name of the Almighty God the most Merciful the most Gracious Dear citizens, Peace and God's mercy and blessings be upon you We are pleased to address you today, as we move forward on the path of development to enable Bahrain to build further gains.
...
The philosophy and motivation behind this request is to open new horizons for our democracy, based on the National Consensus Dialogue recommendations, and to reflect our commitment to the stability of the nation, the unity of its people, and the realization of their aspirations, taking into consideration the best interests of the homeland, and the interests of present and future generations of citizens to develop our democracy and our political programs.
Democracy: Page 1, Today, we will continue this march with anyone who has genuine patriotic desire for further progress and reform in all its forms, whether it is political, economic or social, on the basis of our common convictions that reflect the spirit of the times and meet the legitimate aspirations of all citizens to achieve further development consistent with the principles of a peaceful democracy.

Page 1, The philosophy and motivation behind this request is to open new horizons for our democracy, based on the National Consensus Dialogue recommendations, and to reflect our commitment to the stability of the nation, the unity of its people, and the realization of their aspirations, taking into consideration the best interests of the homeland, and the interests of present and future generations of citizens to develop our democracy and our political programs.

Page 2, We are confident that the Legislative Power will resume its constitutional responsibilities to make these amendments, responsive to the recommendations of the National Consensus Dialogue. However, the historic step we make today will open doors wide to democracy and develop its exercise, enabling future generations to build on it to reach new heights.

We cannot fail at this point to emphasize that democracy is not just literature, or constitutional and legislative provisions. Democracy is a culture and practice, commitment to the rule of law, respect for the international principles of human rights, coupled with serious national political action that represents all spectrums of society without exclusion or quotas. In parallel with this crucial step that we take today, we call for other important steps to be made to reinforce the democratic culture and practice on the land of our beloved country. Furthermore, we call upon all segments of society – the community and the family – to work together to ensure that our young people respect the law. This is a responsibility that must be shouldered by all, especially when respect for the law is linked to the principles of coexistence, tolerance, harmony and love.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: Page 1, This will be for the benefit of our beloved country, and in the interests of its honorable children, with the aid of Almighty God, in adherence to the values of tolerance and coexistence in light of God's law, and Arab traditions. These are the values upon which we have all been brought up; and they have protected us against the dangers of intolerance and sectarianism.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 2-3, Constitutional and political reform cannot be attained, or continue to exist, in a vacuum, but it is in parallel and closely related to economic reform, development efforts and to the social reform that takes into account the interests of all citizens of this country.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: Land, property and environment→Cultural heritage→Intangible
Page 1, This will be for the benefit of our beloved country, and in the interests of its honorable children, with the aid of Almighty God, in adherence to the values of tolerance and coexistence in light of God's law, and Arab traditions. These are the values upon which we have all been brought up; and they have protected us against the dangers of intolerance and sectarianism.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Lauterpacht Centre for International law, Arab Spring Project

http://www.lcil.cam.ac.uk/sites/default/files/LCIL/documents/arabspring/Bahrain_13_Speech_Request_to_Amend.pdf

His Majesty Delivers a Speech to Citizens Concerning Request to Amend Some Articles of the Constitution, 15 January 2012.

Manama, Jan. 15 (BNA) -- His Majesty King Hamad bin Isa Al Khalifa delivered today a speech to the citizens, and here is the following content of the speech:

In the name of the Almighty God the most Merciful the most Gracious Dear citizens, Peace and God's mercy and blessings be upon you We are pleased to address you today, as we move forward on the path of development to enable Bahrain to build further gains.

This will be for the benefit of our beloved country, and in the interests of its honorable children, with the aid of Almighty God, in adherence to the values of tolerance and coexistence in light of God's law, and Arab traditions.

These are the values upon which we have all been brought up;

and they have protected us against the dangers of intolerance and sectarianism.

Our loyal people have demonstrated that their will, despite all events, is devoted to continuing the reform project, to preserving the achievements of the Charter and the Constitution, and to accelerating progress and momentum through constitutional institutions.

Today, we will continue this march with anyone who has genuine patriotic desire for further progress and reform in all its forms, whether it is political, economic or social, on the basis of our common convictions that reflect the spirit of the times and meet the legitimate aspirations of all citizens to achieve further development consistent with the principles of a peaceful democracy.

Brothers and sisters,

It is beyond doubt that the National Consensus Dialogue recommendations have outlined the shape of the reform that we are aiming to achieve, and emanate from the solid base of our national experience, laid down by the historical consensus on the National Action Charter.

We have instructed the Executive and Legislative Branches to implement without preconditions these recommendations, for which many parts of society resolutely participated so as to move forward through comprehension and belief in the principle of national action encompassing everyone.

Accordingly, and in line with our mandate to propose constitutional amendments and to honor our promise, we will later issue a Royal Decree to refer to the Council of Representatives and the Shura Council, requesting the constitutional amendments as stated in the recommendations of the National Consensus Dialogue.

The philosophy and motivation behind this request is to open new horizons for our democracy, based on the National Consensus Dialogue recommendations, and to reflect our commitment to the stability of the nation, the unity of its people, and the realization of their aspirations, taking into consideration the best interests of the homeland, and the interests of present and future generations of citizens to develop our democracy and our political programs.

Brothers and sisters,

These proposed amendments bring greater harmony in the relationship between the Executive and Legislative Branches in order to achieve greater balance among them.

The amendments add new guarantees to be applied when exercising the right to dissolve the Council of Representatives.

They require and entail consultation with the Chairman of the Shura Council, the Chairman of the Council of Representatives, and the President of the Constitutional Court, while previously it required only the consent of the King and the Prime Minister.

Further, in respect of the appointment of members of the Shura Council, the amendments call for a Royal Decree to be issued by the King prior to the order of appointment setting out the method, procedures, and guidance that govern the selection process.

To empower the Councils concerning preparation of the state budget and legislation, the proposed amendments extend the scheduled sessions of the National Council in its both Chambers, the Shura Council and the Council of Representatives, when necessary to pass draft laws regulating economic issues urgently requested by the government.

In addition, the amendments set out the competent authority for drafting bills, raising constitutional amendment proposals, proposing laws or draft Constitutional amendments, and determining the necessary period of time to refer such bills to the Council where the proposal was originated.

These amendments allow both Councils to more easily set the state budget, in a way that helps to effectuate the new budget at the beginning of the fiscal year, and preclude the announcement of a budget of more than two fiscal years.

In line with the conclusions of the National Consensus Dialogue, these constitutional amendments aim to reflect the popular will in the formation of the government based on its program.

The Council of Representatives will discuss the government program after it swears the constitutional oath.

Moreover, it has the right to approve or reject the government program, and if the program is approved, the government has secured the confidence of the Council.

In addition, the proposed recommendation consolidates the oversight role of the Council of Representatives as a sole monitoring Power.

Thus, the recommendations grant the Council the right to end cooperation with government, and to initiate discussions on any public theme.

The amendments add additional guarantees to ensure the participation of the Council of Representatives collectively during the discussions of the questions addressed to Ministers, and to set a timeframe for the government to justify any rejection of the demands of the Council.

Alongside this, the Council has been vested with the constitutional right to question and withdraw confidence from Ministers, as well as to set up Committees to conduct such questioning.

While the Constitution had previously given jurisdiction to the Chairman of the Shura Council to refer the bills approved by the two Chambers to the Prime Minister to pass them, and given him priority to preside over the meetings of the National Council, the amendments have vested these jurisdictions and this priority to the Chairman of the Council of Representatives.

Brothers and sisters, We are confident that the Legislative Power will resume its constitutional responsibilities to make these amendments, responsive to the recommendations of the National Consensus Dialogue.

However, the historic step we make today will open doors wide to democracy and develop its exercise, enabling future generations to build on it to reach new heights.

We cannot fail at this point to emphasize that democracy is not just literature, or constitutional and legislative provisions.

Democracy is a culture and practice, commitment to the rule of law, respect for the international principles of human rights, coupled with serious national political action that represents all spectrums of society without exclusion or quotas.

In parallel with this crucial step that we take today, we call for other important steps to be made to reinforce the democratic culture and practice on the land of our beloved country.

Furthermore, we call upon all segments of society – the community and the family – to work together to ensure that our young people respect the law.

This is a responsibility that must be shouldered by all, especially when respect for the law is linked to the principles of coexistence, tolerance, harmony and love.

Today, we are passing an important era in the history of Bahrain.

Constitutional and political reform cannot be attained, or continue to exist, in a vacuum, but it is in parallel and closely related to economic reform, development efforts and to the social reform that takes into account the interests of all citizens of this country.

We will march together at this period of time to attain all these achievements with determination and resolve, praying to Almighty Allah to protect our country, our security, our stability and to bless our steps and sustain the unity of our voice, as he who listens to our supplication.

God save Bahrain and its citizens and give us His help, support and guidance, for He is the Lord and the Patron.

May peace and God's mercy and blessings be upon you.

EM.