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This
charter,
Following
the concordance of the government and the people on its contents,
Considering that it represents a document for future action in the
country, Considering that the implementation of some of the essential
ideas included shall require constitutional amendments, stipulates
the following:
1.
Appelation of Bahrain:
The
constitutional amendment will stipulate the official name of the
State of Bahrain in accordance with the format decided by the Amir
and his people.
2.
The Legislative Branch:
The
text of Chapter 2 of Article 4 of the Constitution on the legislative
branch shall be amended to suit the international democratic and
constitutional developments through the creation of two councils.
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. Laws will
be issued as stipulated by the Constitution and according to constitutional
systems and traditions used by long-standing democracies.
The
popular concordance on this charter is a manifestation of the popular
desire to achieve a stable and prosperous future for Bahrain under
the leadership of His Highness the Amir, Shaikh Hamad bin Isa Al
Khalifa.
Chapter
one
-
The
State strives to consolidate the rights of women and to issue
necessary legislation to protect the families.
-
Personal
freedoms are guaranteed in accordance with the law. No person
shall be arrested, detained, imprisoned, searched, confined
to a residence, or have his freedom of residence or movements
impounded, except in accordance with the law and under the supervision
of the judiciary.
It
is not possible for any society to achieve a high level of stabilisation
throughout the centuries, and to succeed in building up a distinguished
civilisation the way Bahrain has done, without possessing a set
of essential values that warrant its cohesion, move it forward,
strive for its promotion, and consolidate its state, and which can
be drawn from Islam, the tolerant religion of the people of Bahrain,
and from its Arab identity.
The
Bahraini society has agreed on a set of essential components that
are highly concordant with the Arab and Islamic values.
These
values that we must adhere to, preserve, and defend because they
are the selection of the various sections of the society with their
different backgrounds, were promoted by our forefathers who were
keen on establishing and maintaining a virtuous society. Hence,
and for the sake of the interests of the State and of the society,
no public authority or citizen may transgress the essential components,
which can be summoned as follows:
1.
Objectives of the Rule and its Foundations:
The
objective of the Rule is to maintain the State, promote its status,
preserve national unity and achieve constant and comprehensive development
in the areas of politics, economy, society, culture, and others.
Justice is the basis of the Rule. Equality, sovereignty of the law,
freedom, security, tranquillity, science, social solidarity and
equality of opportunities for all citizens are the pillars of the
society that the State must guarantee.
These
fine values strongly upheld by the Amir, government and people of
Bahrain for the sake of the future, have been the bases of the Rule
for the past years, which has also been consolidated by the values
of compassion, co-operation and intercommunication between the ruler
and the people. Hence the value of justice has maintained its glory
and splendour and has thrived in Bahrain amid respect and care alongside
the value of compassion and affection.
2.Guaranteeing
Personal freedom and Equality:
Personal
freedoms are guaranteed, and equality between citizens, justice
and equality of opportunities are essential pillars of the society.
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.
This
wonderful Islamic and humane principle has led to a set of related
principles that are also considered among its essential components.
They
are:
1.
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. This was confirmed by the Amir in
his first address to the nation after he assumed power.
2.
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.
3.
No person shall be subject to any kind of moral or physical torture,
or to any non-human, derogatory or humiliating treatment, under
any circumstances. Any confession or expression uttered under torture,
threats or incitement shall be void. No accused shall be morally
or physically offended. The law guarantees the punishment of any
person guilty of carrying out torture or physical or moral offence.
4.
There is no crime or punishment without the application of the law,
and there is punishment only according to specific laws.
5.
Punishment is personal, and an accused person is innocent until
proven guilty by a fair trial where he is endured of access to defence
at all the stages of the investigations and the trial according
to the law. Every person accused of an offence shall have a lawyer
of whom he approves to defend his case. Prosecution is guaranteed
in accordance with the law.
6.
Residences have their sanctity, and they shall not be entered or
searched except (a) by permission from the residents or (b) in highly
special cases, stipulated by the law, and under the supervision
of judicial authorities.
7.
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.
3.
Freedom of Creed:
The
State guarantees the freedom of creed. The freedom of conscience
is absolute. The State maintains the sanctity of the places of worship,
and guarantees the freedom to hold religious rites in accordance
with the traditions prevailing in the country.
4.
Freedom of Expression and Publication:
Every
citizen has the right to express his opinions or personal creativity
verbally, in writing or by any means of expression. Based on this
principle, the freedom of scientific research, publishing, press
and printing is guaranteed within the limits stipulated by the law.
5.
Activities of the Civilian Society:
In
order for the society to benefit from all potentials and from civilian
activities, the State guarantees the right to set up private, scientific,
cultural, and vocational associations and syndicates on patriotic
bases, for legal purposes and through peaceful means in accordance
with conditions and situation stated by the law. No person shall
be co-erced into joining, or remaining in, an association or a syndicate.
6.
The family is the Basis of Society:
Based
on the belief that the family is the essential component of society,
and that through proper families, the bonds of society are strengthened
and the values of religion, morals and patriotism are reinforced,
the State maintains the legal entity of the family, protects motherhood
and childhood, looks after children, protects them from exploitation,
and avoids them moral, physical and spiritual loss . The State particularly
looks after the physical, moral and cognitive growth of the youth.
Within
this context, the State warrants the achievement of the natisolidarity
needed by old people, incapacitated citizens, orphans, widows and
the unemployed. The State provides them with social security and
health care, and looks after health policies that reinforces the
objectives of health for all.
The
State guarantees the solidarity of the people in assuming the burdens
resulting from catastrophes and general calamities. It also warrants
the compensation for people injured during the war or while assuming
their national military duties.
The
State strives to consolidate the rights of women and to issue necessary
legislation to protect the families.
7.
Work is a Duty and a Right:
Work
is a duty for every citizen. It is required by human dignity and
needed by the general welfare. Every citizen has the right to work
and to choose his work according to the general system and to the
morals.
The
State guarantees the provision of employment opportunities to all
citizens and the fairness of its conditions within the programmes
of national economy development, and taking into consideration that
no person shall be coerced into taking up an employment except in
the cases stipulated by the law for a national necessity at a fair
pay.
The
law regulates relations between employees and employers on the basis
of the economy and taking into consideration social justice.
8.
Education, culture and Sciences:
The
State looks after sciences, literature and arts, promotes scientific
research, and guarantees educational and cultural services for the
citizens. Education is compulsory and free in the primary stages
as defined and explained by the law. The law formulates plans to
eradicate illiteracy, and regulates the manner for looking after
religious education at all stages and in all types of learning.
It also encourages civil education, strengthening the personalities
of the citizens and bolstering their pride of their national unity
and Arab nationalism.
Universities
are considered as beacons of intellectual radiance and scientific
progress, which necessitates providing them with academic freedom
and guaranteeing the exercise of such freedom and the fostering
of knowledge. The State strives for bolstering private education
and the establishment of private universities and institutes.
It
also supports the institutions of scientific and technological research
and encourages strong links between education and the labour market
to meet the requirements of the country in terms of qualified human
resources for the present and the future.
Chapter
two
System
of Constitutional monarchy
Throughout
the centuries of the rule of the Ruling Family, society of Bahrain
has enjoyed a special relationship between the ruler and the people
based upon direct contact and intercommunication and common understanding
in the service of the citizens and the country. Within this context,
the people have agreed that the rule in Bahrain should be based
on the following:
1.
The Amir:
The
ruling system in Bahrain is hereditary constitutional monarchy as
stipulated by the Constitution and by the Amiri decree on succession.
The Amir is the head of the state, and his person is safeguarded
and cannot be harmed ; he is the Supreme Commander of the armed
forces, the symbol of the stability of the state, and the main pillar
of the ruling system in Bahrain.
The
Amir exercises his authority through his ministers who are answerable
to him; he appoints the Prime Minister and the ministers and removes
them, in accordance with the powers vested in him by the Constitution.
2.
The Constitutional format of the State:
Subsequent
to the stability bestowed by God on Bahrain, to the achievements
it has accomplished and to the challenges it has successfully confronted,
and after it has reached maturity levels both in its international
relations and within its sovereign institutions based upon equality
between citizens and consideration about their independence and
national unity, time has now come for Bahrain to be among the constitutional
monarchies with a democratic system that achieves the aspirations
of its people for a better future.
3.
Islamic Jurisprudence and Legislation:
Islam
is the religion of the state and the Islamic jurisprudence is a
principal for legislation.
4.
The People are the Source of all Powers:
The
system of ruling in Bahrain is democratic, whereby sovereignty is
by the people who are the source of all powers. The exercise of
the sovereignty is as stipulated by the Constitution.
5.
The Principle of Separation Between the Branches:
The
system of ruling is based, as consecrated by the democracy principle,
on the separation between the three branches: legislative, executive
and judiciary, which nevertheless co-operate between themselves
in accordance with the Constitution. The Amir is the head of the
three branches.
6.
Sovereignty of the Law, Independence of the Judiciary:
The
sovereignty of the law is the basis of ruling in the State, and
the independence and the immunity of the judiciary are two essential
warranties to protect rights and liberties. The State is entrusted
with completing the judiciary commissions stipulated by the Constitution
and with appointing the judicial authorities that have jurisdiction
over disputes on the constitutionality of the laws and regulations,
and the general prosecution.
7.
The Right of the People to Take Part in Public Affairs:
All
citizens, males and females, have the right to take part in public
affairs and to enjoy political rights in the country, starting with
the voting and candidacy rights in accordance with the law.
Chapter
three
Great
strides made despite hardships
Bahrain
considers that its greatest assets are the Bahraini citizens
who have proven their outstanding capabilities in the areas of science
and culture.
The
Economic Foundations of Society:
In
spite of the limited natural resources, the scarcity of water, the
limited size of the land and the high population density, Bahrain
has succeeded in making great strides in developing its economy
and in raising the average income of its people. The achievement,
mainly the result of the wise policy of its leaders and government
to rationalise and use efficiently the country’s potential, has
enabled Bahrain to reach advanced standards in human resources development
and economic freedom. However, there is a necessity to adopt policies
that will lead to a balance between the average economic growth
and the average international population growth. The Charter affirms
the adherence of Bahrain to the following economic principles:
1.
The Principle of Economic Freedom:
The
economic system of Bahrain is based upon individual initiatives
and the freedom to invest and move capitals, with support to, and
emphasis on, the role of the private sector in promoting resources
and activating the economy. This system has resulted in tangible
economic and investment activities, and has generated a flow of
capitals for investment in the country.
The
economic openness must be accompanied by a change in the general
management towards easing procedures, transparency, the elimination
of overlapping in responsibilities, the improvement of services,
and the modernisation of economic legislation, all of which must
be governed by the principles of honesty and the equality of opportunities.
In
order to ensure the activation of the means of financial and administrative
control and the increase of work transparency in all state institutions,
the establishment of an office for financial control and an office
for administrative control have become necessary.
2.
Private Property:
Private
property is guaranteed, and every person has the right to dispose
of his properties within the confines of the law. No private property
shall be expropriated except for public use, within the confines
and manners stipulated by the law and with a fair compensation.
3.
Economic Justice and Balance in Contracts:
Private
property, capitals and employment are individual rights of a social
nature. The law regulates their exercise on the basis of the economy
and social justice, and warrants the balance between the production
sources,and the balance in contract relations.
4.
Diversification of Economic Activities and National Income Sources:
Bahrain
was among the first members of the Gulf Co-operation Council that
have sought to diversify their economic activities and national
income sources, based on the necessity not to depend on a single
source of income, and in order to provide dignified ways of living
for future generations and to avoid international economic turbulence.
Bahrain
has thus become an important regional financial centre, and an internationally-recognised
tourist attraction. It has also, through providing support to transformational
industries, high added value industries, information and services
in general, contributed to promoting an economic development basis
in the country and to offering employment opportunities to citizens.
5.
Environment and Wildlife:
Due
to the increasing pressure on its limited natural resources, Bahrain
is keen on both achieving the best exploitation of its natural resources
and the non-harmful development of the environment and the health
of the citizens. It also takes into consideration the international
orientations in preventing and solving the major environment problems
through adopting a national strategy to protect the environment
and through taking all adequate legislative measures to limit pollution
whatever the sources, to provide facilities for industrial companies
to help them to transfer to cleaner production, and to carry out
assessment studies before implementing projects.
The
State of Bahrain also protects wildlife, particularly its distinguishing
natural sanctuaries, including its fauna and flora, through drawing
up the necessary plans to utilise the lands, manage the coastal
areas and set up a group of animal sanctuaries such as Al Areen,
and Hawar Islands and the waters surrounding them, and which have
achieved international fame for the rare animals and birds they
host.
6.
Public Funds and Natural Resources:
Public
funds are sacred, and every citizen has a duty to protect them.
Public authorities have to take all measures to safeguard them.
All natural wealth and resources are the property of the State which
strives to safeguard them and to select the most appropriate economic
ways to invest them.
7.
Labour and Training:
Bahrain
considers that its greatest assets are the Bahraini citizens who
have proven their outstanding capabilities in the areas of science
and culture.
Extending
support to the citizens through constant and transformational training
will provide the labour market with new and qualified people, which
will offer ample employment opportunities to the citizens.
Chapter
four
BDF
main pillar of national security
National
security is the shield that protects the country, safeguards its
territories, preserves its political, social and economic achievements
and reinforces its comprehensive development progress, particularly
in ever-changing modern regional and international conditions.
One
of the pillars of the national security is the consolidation and
support to the Bahrain Defence Force to enable it to carry out its
missions and duties in the best manner.
It
also necessitates the provision of all security forces with the
equipment and essential components to carry out their missions of
spreading security and tranquillity all over the country and of
preserving peace and public security.
It
also requires supporting and reinforcing the National Guard to assume
its role within the defence and security system, as a military depth
for the Bahrain Defence Force and a security shield for the public
security forces in defending the country.
Such
a disposition consolidates the development progress witnessed by
the country, safeguards its civilisational achievements and protects
every inch of its lands, waters and skies.
It
also strengthens the fact that being member of the national security
bodies is both a duty and an honour for every citizen.
The
Bahrain Defence Force is a symbol of national unity, a supporter
to brothers and to the Nation to guarantee security and stability
not only in our country, but also in the Gulf and in the Arab world.
The
civilisational heritage of Bahrain makes its Defence Force a school
that defends each of its original values: good morals, construction
and civilisation. It is, as was intended from the beginning, a message
of goodness and peace from Bahrain to the whole world, an expression
of the values that we are all honoured to defend.
One
of the reasons for profound trust in this national institution is
that its Supreme Commander was its first soldier and its founder
since the launch of the “First Light”.
The
procurement of advanced weaponry and the possession of the most
modern security and defence systems in a world characterised by
overwhelmingly fast technological and scientific revolutions and
a wide spectrum of security threats, become absolute necessities.
The
availability of the qualified human resources that will use the
equipment is as important as the provision of the weaponry and modern
defence systems.
The
policies of preparing the competent human resources and looking
after the affairs of the BDF personnel become necessary elements
in achieving and protecting peace in Bahrain.
Striving
to improve the fighting, administrative and technical capabilities
of the BDF through training and organisation to reach the highest
possible standards is an absolute priority.
The
achievement of the BDF objectives should not be eliminated from
the overall need to possess a clear defence policy, consolidated
by detailed programmes to attain these objectives.
Thus,
it is necessary to carry out regular and constant assessments to
ameliorate the strategic vision and the technological adaptation
and to define the sources of threats.
Chapter
five
Focus
on direct democracy
Parliamentary
Life
Bahrain
has known direct democracy since the Al Khalifa Family assumed power.
The constant consultations between the ruler and the people, and
the open-door policy, which has always been the way of dealing between
the Government and the people of the State of Bahrain, have resulted
in making the people’s desires and interests the basis of the policies
of governance.
The
Government was and still is keen on feeling the pulse of the society,
and on striving diligently to serve the interests of the people.
This
principle consecrated the democratic practice in the State of Bahrain
which was later embodied in the constitution and in the elected
national council.
The
experience of the Shura Council which came later proved its trustworthiness
in debating, studying and expressing opinions on all general issues
and problems that concerned the State and served the interests of
the people. The Shura Council demonstrated a remarkable power to
confront the latest developments with the required flexibility,
setting up an outstanding example of co-operation with the Government
to serve the country.
The
development of the democratic practice should know no limits as
long as there are ample opportunities to achieve further democracy.
Many
long-standing democracies have adopted the system of two councils.
Their legislative councils include two councils. The first council
represents the trends and thoughts of the people on contemporary
issues, and the second council operates as a council for competent
and experienced members. Experiences in these democratic countries
have demonstrated the excellent political benefits and advantages
of the bicameral legislative system, which explains its strong standing.
In
order to increase popular participation in public affairs, and inspired
by the principle of shura, which is one of the genuine principles
of Islam upon which the ruling system in the State of Bahrain is
based and out of belief in the rights and duties of all the people
in practicing their constitutional political rights, and following
the example set by long standing democracies, it has become in the
best interest of the State of Bahrain to have two separate councils
representing the legislative branch. The first council shall be
fthrough direct and free elections and shall have legislative attributes.
The second council shall be appointed and shall comprise people
of experience and competence who will offer their advice and knowledge
when needed.
This
balanced combination within the legislative branch possesses the
distinctive feature of presenting advantages that offer a number
of privileges, allowing popular participation in legislative affairs,
and enabling interaction between the various opinions and trends
within a unified legislative council.
The
suggested formation of the legislative council which shall require
a constitutional amendment, will allow it to derive wisdom and knowledge
from one side, and the main orientations of the Bahraini voter from
the other side.
The
amendment shall, without any doubt, lead to bolstering a democracy
that works for construction, development, stability and prosperity,
a democracy that strives for social peace and national unity.
Chapter
six
Bahrain
shall strive for GCC consolidation
The
people and the government of Bahrain deeply believe in the common
objectives and destiny of the people of the Gulf Co-operation Council
countries.
Blood
and family bonds that brought together the people of the Gulf, were
reinforced by common history and culture and similar traditions.
These reasons constituted motives for the State of Bahrain to be
among the founders of the GCC, alongside its sister Arab Gulf States.
Genuine
co-operation between the GCC countries is vital to preserve their
high interests and to achieve the highest standards of development.
Within this framework, the GCC was able to prove to the world its
capability of defending the freedom and sovereignty of its members,
and its validity as the protective shield for their independence.
Therefore,
the State of Bahrain shall always seek with its full power and capabilities,
to consolidate the GCC and to support the just causes of its member
states.
The
State of Bahrain considers this stance a constant value of its essential,
necessary and vital policy, particularly that the security and prosperity
of Bahrain is an intrinsic part of the security and welfare of the
other sister GCC states. The State of Bahrain shall continue to
strive with its sister members of the Council to accomplish more
coordination, closeness and complementarily within the frame of
the Council, particularly in the areas that need more active coordination
such as economic complementarity, defence co-operation and information
co-ordination. Moreover, the improvement of the participation of
popular commissions within the Council institutions shall receive
more consideration.
Chapter
seven
Justifiably
proud of Arab identity
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The
State of Bahrain stands by and asserts the legal rights of the
Palestinians, particularly their right to establish their own
independent state with Jerusalem as its capital.
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The
State of Bahrain upholds the basic principles that call for
the need to settle all international disputes through peaceful
means and that ban the use of force to seize lands or harm the
political independence of any country.
The
State of Bahrain is particularly proud of its Arab identity and
of the fact that its people are an integral part of the Arab nation
and its territories are part of the Arab world. This Arab dimension
is embodied not only in the linguistic, religious and cultural unity,
but also in the common history, hopes and grievances of the Arab
nation.
Based
on this reality, the State of Bahrain is always prone to consolidate
Arab co-operation. Since the dawn of independence, the State of
Bahrain has become an efficient member of the Arab League and has
been working alongside its sister Arab states to activate the role
of the Arab League so that it remains a political and legal framework
that reflects the unity of the Arab nation, strives for the complementarity
of the common Arab action, and imposes its willpower. The State
of Bahrain affirms its support to all forms of common Arab economic
co-operation.
One
of the deep rooted values of the policies of the State of Bahrain
is its keenness to support all Arab causes. The State of Bahrain
commits itself to shoulder its sister Arab states in their crucial
causes. In this respect, the State of Bahrain stands by and asserts
the legal rights of the Palestinians, particularly their right to
establish their own independent state with Jerusalem as its capital.
The State of Bahrain equally stresses the necessity of the return
of the refugees and the respect of all Arab rights in accordance
with international legitimacy.
Within
the framework of the Islamic Conference Organisation, and based
on the deep rooted belief in the righteous Islamic values, the State
of Bahrain considers co-operation between the member states highly
important in order to support national independence causes and the
right of the people for self-determination and to achieve the highest
standards of development by member states. The State of Bahrain
hopes that the Islamic Conference Organisation achieves further
efficiency and prosperity.
Regarding
international political relations, the State of Bahconsiders regional
and world peace a principal strategic objective that requires a
combination of all efforts. Accordingly, the State of Bahrain upholds
the basic principles that call for the need to settle all international
disputes through peaceful means and that ban the use of force to
seize lands or harm the political independence of any country. The
State of Bahrain encourages and supports all international efforts
to settle regional disputes peacefully.
Ever
since it joined the United Nations Organisation, the State of Bahrain
has participated in all United Nations activities by taking part
in its resolutions, hosting its agencies, signing its international
agreements and conventions, particularly the ones related to human
rights, civil, political and social rights of citizens and women’s
rights. The State of Bahrain has also played a positive role in
the specialised commissions of the United Nations.
The
long-standing policy of the State of Bahrain on international economic
and trade relations strongly favours international free trade, and
the free movement of investments, capital and manpower, taking into
consideration the national interests of each state, and affirming
that the natural resources of each state are its own property and
their management should not be subject to any kind of foreign pressure
or intervention.
Final
Communique
Charter
Draft shall achieve transition
Implementing
the Amiri Decrees Number 36 and 43 for the Year 2000 to set up a
Supreme National Committee to draft a National Charter,
And
based on the grand responsibility assumed by all members of the
Committee to fulfil this historic mission,
The
National Committee has embarked on its national mission by launching
a series of regular sessions at Riffa Palace that included discussions
and debates filled with positive ideas, remarks and proposals,
And
with the help of God the Almighty and the support of HH the Amir,
the Committee was able to achieve the mission it was entrusted with
and which it hopes concords with the will of HH the Amir and the
aspirations of the loyal people of the State of Bahrain.
Within
this context, the Committee affirms that the National Charter draft
shall achieve, God willing, an important transition in the national
action which shall in turn contribute to making crucial changes
in work procedures and performances.
In
response by the Committee members with the comprehensive vision
of HH Shaikh Hamad bin Isa Al Khalifa which HH explained through
a democratic drive that fostered direct discussions in meetings
with the various national sectors and at several popular rallies,
the Committee expresses its profound pride and its complete adherence
to the bonds between the leader and the people for the sake of national
action, the safeguarding of the civilisational achievements of the
country, and full preservation of every inch of the territories
of the State of Bahrain.
In
view of the modernisation of the powers of the State and its institutions,
and with the view to prepare free and direct elections of a Parliamentary
council by all citizens, operating alongside an appointed council
that will include the most competent and experienced people, which
will lead to amendments of the Constitution and the modernisation
of institutions according to a balanced formula that draws on the
experiences of the past and confronts the challenges of the future,
the Committee affirms its full support to making the decisions that
will enable Bahrain to continue its inexorable progress towards
the future it aspires to have.
The
Committee equally affirms that the State of Bahrain after accomplishing
great steps towards comprehensive development in spite of the wars
and crises that afflicted the region, was able, thanks to its determination
and willpower, to continue the construction and prosperity process
to reach a deserved status among advanced constitutional monarchies.
Asserting
and documenting the complete concordance between the vision of HH
the Amir and the aspirations of the people of Bahrain, the Committee
has decided, in its final session, to present this National Charter
as a document of allegiance to HH the Amir, Shaikh Hamad bin Isa
Al Khalifa, who will take the decisions HH deems best to serve the
interests of the State of Bahrain.
Cradle
for civilisations, hub for trade
Since
the dawn of history, this archipelago has always kept Bahrain in
its memory, whether the geographic connotations of that name widened
or narrowed. It has been the core of the region, and the cradle
of civilisations which all converged on the islands of Bahrain.
Delmon had been the meeting point of ancient world. It extended
from Mesopotamia to current-day Oman, reaching the civilisation
of Al Sind countries, representing a vivid testimony of the economic
prosperity of Bahrain as a pioneering trade hub and a vital port
for the world since the ancient times of history.
Before
the divine religion of Islam was revealed, Bahrain had embraced
the freedom of thoughts and doctrines on its territories, presenting
a rare and unique example during the past ages. In light of this
spiritual and intellectual tolerance, culture flourished and religions
co-existed. The Arabic poetry was enriched by the poets of Bahrain
who composed the most beautiful poems on contemplations and existence,
ushering in a new era of renaissance for the Arabs in history. Bahrain
was among the leading countries in responding to the call of Islam,
and embraced the righteous religion of Islam peacefully and with
a deep conviction. Bahrain was also among the early defenders of
Islam.
Bahrain
took the call of Islam to new regions on the other banks of the
Gulf, reaching the borders of India. Bahrain’s resources and wealth
were a major source for the Islamic house of public money (treasury)
during the early days of Islam. Since the beginning of the Islamic
civilisation, Bahrain’s people greatly contributed to the radiance
of Islam, the sciences of jurisprudence and Arabic language throughout
the eras of Islamic Caliphates. This people had profoundly understood
and upheld the principles of Islamic civilisation, mainly tolerance,
justice and piety.
The
natural geography had rendered Bahrain a very rich field for human
activities, such as agriculture, trade and diving. Due to its very
distinguished geographic location and resources, Bahrain became
the focal interest of invaders and conquerors throughout the course
of time. However, Bahrain’s people bravely defended their land against
all greedy forces. During the last quarter of the 18th century,
and under the command of Ahmed Al Fateh, Arab forces were able to
repel external tyrants, highlighting the courageous resistance and
struggle of Bahrain’s people against the various foreign and regional
invaders. The country was unified under the Al Khalifa Rule in the
regions of Zubara and Bahrain.
The
call made by the people of Bahrain, in all their segments and categories,
to Shaikh Isa bin Ali Al Khalifa, to assume power and rule the country
in order to avoid foreign hegemony, was the first prominent presence
of the people’s national willpower in Bahrain. It was the first
sign of allegiance in the modern history of Bahrain. The people
supported a young ruler who came to power bearing in mind the aspirations
towards a national ruling that safeguarded their peace and security
for 65 years, which vividly depicted the close cohesion between
the people and their leadership. The political and commercial stability
formed the era of civilisation that took Bahrain into modern times.
The
positive response of Shaikh Isa bin Ali Al Khalifa to the demands
for the establishment of a Shura Council was in harmony with the
awakened political awareness of the joint national movement between
the ruler and the people, despite immense resistance from external
forces. Shaikh Hamad bin Isa bin Ali Al Khalifa, the lawful heir
apparent, with full support from his people who were in constant
cohesion with their leadership, was able to deal realistically with
the international conflicts. He could define the path of development
and break free of the old traditional norms, ushering the way to
the birth of a modern civil society. This was achieved through the
enhancement of modern education, the creation of an effective governmental
administration capable of contemporary performance, the enforcement
of required legislation and laws, as well as the strengthening of
the process of development in the wake of the oil industry boom
in Bahrain. When Shaikh Salman bin Hamad Al Khalifa assumed power
in 1942, the country was suffering from World War II and its repercussions
on the Gulf region, which caused economic strains and regional and
international disorders.
Bahrain
was able to overcome the crisis, and pursue the building of the
state and modernise its vital institutions and utilities. It also
managed to bolster the national unity and cohesion between the leadership
and the people, as well as allowing for the participation of citizens
in the running of state affairs despite the pressures of external
forces. The era of Shaikh Isa bin Salman Al Khalifa was prosperous
and full of cultural and political accomplishments. He established
the bases of the modern state of Bahrain, set up its institutions,
and declared its political independence, which freed the country
from foreign greedy allegations.
The
stance of Bahrain’s people towards the confirmation of the Arabism
and independence of the country under HH’s leadership was historic.
It was vividly manifested through the survey made by the United
Nations Fact-Finding Committee, which covered all segments of the
society. The people unanimously agreed to adhere to Arabism, and
expressed allegiance to Shaikh Isa bin Salman Al Khalifa. The response
of Shaikh Isa bin Salman Al Khalifa was great. He issued the constitution
of the State of Bahrain as an example of the most refined principles
of constitution and democracy. Bahrain obtained its full independence
during his prosperous era. The country was established on the principles
of democracy, the state of institutions, and the sovereignty of
law. The decision of Shaikh Isa bin Salman Al Khalifa to launch
the constitutional way of life and to hold free elections to establish
the National Council according to the constitution, will always
be recalled as a prominent landmark in the history of Bahrain.
The
support and solidarity that were vividly manifested in Bahrain when
His Highness Shaikh Hamad bin Isa Al Khalifa assumed power and ruled
the country have clearly demonstrated the remarkable level of public
cohesion with the leader.
During
HH’s era, Bahrain has witnessed the launching of democracy that
fulfils the aspirations of the people towards the building of a
modern state where security, stability and welfare fully prevail,
a state where the constitutional institutions assume their role
in achieving the ambitions of the leadership and the aspirations
of the people in a community ruled by fair justice and the sovereignty
of law. In light of these historic circumstanc, the people look
forward with confidence and determination towards a more promising
future. A future that is filled with liberty and equality, where
justice and consultations are the pillars, and popular participation
of all categories of society in the tasks of ruling.
State
of Bahrain in Article One, where it states that “It is not permitted
to waive its sovereignty or abandon parts of its territories”. The
State of Bahrain has exercised its political role as an effective
member in the international, Islamic and Arabic communities, and,
being one of the founders, has always confirmed its adherence to
the entity of the Gulf Co-operation Council (GCC). Bahrain has also
underlined its full commitment to the joint action of the member
states of the GCC to consolidate cohesion and foster the fulfilment
of the aspirations and ambitions of the GCC peoples.
Since
the State of Bahrain has since its establishment, managed to lay
down the basis of the modern state upon democratic orientations,
the state of constitutional institutions and the sovereignty of
law,
Since
Bahrain has reached high levels of maturity as a country with international
relations, and a state with sovereign institutions, based on justice
and equality of citizens to safeguard their interests,
Since
HH the Amir possesses the ambition to achieve a democratic way of
life, laying down a balanced structure that confirms the political
constitutional partnership between the people and the Government,
the separation between the three main branches, the enhancement
of the mechanism of the judiciary branch, and the establishment
of the constitutional court, and the offices of financial and administrative
controls,
Since
as we stand at the threshold of the third millennium, there is the
strong willpower to move into a modern state that has completed
its political and constitutional frameworks in order to interact
with the latest domestic, regional and international latest developments,
Since
the outcome of the experience of the State of Bahrain in political
and economic action in the last three decades, requires taking into
consideration the latest political, economic, social and legislative
developments, and to be able to confront all forthcoming challenges
alongside future international developments,
It
has been decided to consider the national, political and constitutional
components in the entity of the state, thereby enhancing the hereditary
constitutional monarchy of the ruling system, whereby the monarch
of the country serves his people, and represents its independent
entity and its aspirations towards prosperity.
There
is agreement on the need to modernise the Constitution of the country
to benefit from the democracy experiences of other peoples in expanding
the circle of popular participation in the tasks of ruling and administration.
These experiences have demonstrated that the presence of two councils
in the legislative branch allows the combination of the advantages
of wisdom and competence of the members of the Shura Council, and
the interaction of public opinions from all sides of the elected
council.
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