The Bahrain Forum for Human Rights: Criminalizing the right of a public employee to criticize government policy is an attack on the core of the right to freedom of expression

The Bahrain Forum for Human Rights (BFHR) said that Resolution No. 20 of 2020 to amend the provisions of the Executive Regulations of the Civil Service Law, stipulating that the public employee has no right to criticize the government’s policy, is a continuation of the legislative restrictions that have attacked the core of the right to freedom of expression.

“According to General Comment No. 34 of the Human Rights Committee, ‘All public figures, including those exercising the highest political authority such as heads of state and government, are legitimately subject to criticism and political opposition. […] States parties should not prohibit criticism of institutions, such as the army or the administration,’ the BFHR said.”

“The Bahraini authorities are intentionally adapting the laws to pursue activists and restrict their activities,” the BFHR said. “They take advantage, in this matter, of the Penal Code, the Anti-Terrorism Law, and the Nationality Law, and their amendments in order to double the punishment,” the BFHR added.

“Some of the most prominent articles of the Bahraini Penal Code used to restrict freedom of opinion and expression are the following: (160) Promoting the change of the country's system by force, (165) Incitement to hatred towards the system of government, (173) Incitement not to comply with the applicable laws, (214) Offending the King of the country or the national flag or emblem, (215) Offending a foreign country or an international organization, (216) Offending government agencies,” the BFHR explained, adding that these articles are adapted during the arbitrary interpretation of the charges in order to be used judicially.”
 
“According to the report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, issued at the twentieth session of the Human Rights Council, the Special Rapporteur said that ‘any restriction to the right to freedom of expression must satisfy the three-part test stipulated in article 19, paragraph 3, of the Covenant: (i) the restriction imposed must be provided by law, which is clear and accessible to everyone; (ii) it must be proven as necessary and legitimate to protect the rights or reputation of others; national security or public order, public health or morals; and (iii) it must be proven as the least restrictive and proportionate means to achieve the purported aim,’” the BFHR further said. It also stressed that this legal amendment violates the three-part test, and this decision violates the limits stated in Article (31) of the Bahraini Constitution, which stipulates that the regulation or limitation of public rights and freedoms may not prejudice the essence of the right or freedom. The BFHR explained that this makes this decision illegal and contrary to the constitutional text.

It is worth noting that the aforementioned legal amendment was published in the Official Gazette issued on July 09, 2020 under the item: Resolution No. (20) of 2020 to amend some provisions of the Executive Regulations of the Civil Service Law issued by Decree Law No. (48) of 2010 issued by Resolution No. (51) of 2012, on page 9.

The Bahrain Forum for Human Rights
July 22, 2020