National Institution for Human Rights – Kingdom of Bahrain SIXTH: RIGHT TO PEACEFUL ASSEMBLY 1. The right to peaceful assembly has reference to the freedom of individuals, groups, or legal entities to gather in a specific public place for a specific period of time to express their public or private views towards a certain position or defend common interests for the purpose of persuading others of these views and realizing them. This right is linked to other rights and freedoms, such as the right to organize, create, and join societies and associations, freedom of opinion and expression, and the right to participate in public affairs, as these rights constitute one unit that brings all human rights together. 2. The Constitution of the Kingdom of Bahrain has guaranteed the right to peaceful assembly. Article 28, paragraph b, provides as follows: “Public meetings, demonstrations and gatherings are permitted under the rules and conditions stipulated by law, but the purposes and means of the meeting must be peaceful and must not be prejudicial to public decency”. 3. In terms of national legislation, the “Decree-Law No. 18 of 1973 on Public Meetings, Marches and Assemblies”, as amended, addresses the provisions relating to the organization of public meetings, marches and assemblies, imposes some requirements for the exercise of this right, and stipulates penalties that deprive of liberty, as well as financial penalties for those who violate its provisions. Decree-Law No. 22 of 2013 amends certain provisions of Decree-Law No. 18 of 1973 on Public Meetings, Marches and Assemblies. It prohibits demonstrations, marches, assemblies, or sitins in Manama, and excludes sit-ins in front of international organizations, on the condition of obtaining special written permission in advance. Accordingly, the Minister of the Interior Resolution No. 57 of 2011 was issued to identify the duties and responsibilities of the committee provided for in Article 6 of the Decree-Law No. 18 of 1973 on Public Meetings, Marches, and Assemblies, in order to maintain security, public order and morals. 4. In terms of international instruments which ensured the freedom of the right to peaceful assembly, Article No. 21 of the International Covenant on Civil and Political Rights, which was acceded to by the Government of the Kingdom of Bahrain under Law No. 56 of 2006 provides as follows: “The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (order public), the protection of public health or morals or the protection of the rights and freedoms of others”. 5. The right to peaceful assembly is subject to guidelines that govern its exercise. It is an inherent right that should be exercised with an extent of freedom in organizing it, without restricting the persons exercising it by any provisions affecting its essence. There is also a positive obligation on the State to facilitate and protect peaceful assembly. These two obligations consist of developing mechanisms and procedures to ensure the proper exercise of this right without any restrictive bureaucratic procedures. 6. The State should also seek to facilitate and protect peaceful assembly, and ensure not impeding the efforts to disseminate information about peaceful gatherings, and that all restrictions on peaceful assembly are prescribed by law and consistent with international human rights instruments. The State should not impose organizational restrictions that would fundamentally prejudice the objectives of the intended use of this right, while ensuring that the relevant national rules and regulations are compatible with these standards to ensure the optimal exercise of this right. 65