US embassy cable - 04MANAMA7

C O N F I D E N T I A L SECTION 01 OF 02 MANAMA 000007 
 
SIPDIS 
 
DEPARTMENT FOR NEA/ARP, 
CAIRO FOR STEVE BONDY, 
LONDON FOR ETHAN GOLDRICH 
 
E.O. 12958: DECL: 01/04/2014 
TAGS: PHUM, PGOV, KDEM, KMPI, BA 
SUBJECT: NDI TACKLES THE 2002 CONSTITUTION 
 
 
Classified By: ADCM Gregory N. Hicks for reasons 1.4 (b) and (d). 
 
1. (U)  SUMMARY: Despite a last minute Al Wifaq political 
society boycott, 90 Bahraini politicians, including an Al 
Wifaq elected official, attended an NDI seminar on the 
legislative authority in the 2002 Constitution.  NDI 
representative Fawzi Guleid argued that the 2002 Constitution 
provides ample legislative authority to the National Assembly 
if members wish to exercise it.  He asserted that members 
have the right to draft legislation and noted that they may 
approve, reject, or amend government proposed bills. 
Opposition participants rejected Guleid's position on the 
basis that the 2002 Constitution is illegitimate, but others 
supported Guleid's view.  Overall, the seminar was a success 
for promoting the growth of Bahrain's democracy. END SUMMARY. 
 
2.  (C)  On December 9, the National Democratic Institute 
(NDI) in cooperation with Al Minbar National Islamic Society 
organized a seminar to discuss the legislative power of the 
Bahraini Constitution.  In the two weeks leading up to the 
seminar, there was 'talk' that Al Wifaq was dissatisfied with 
the seminar topic.  NDI Program Manager Fawzi Guleid heard 
from various members of the other opposition parties that Al 
Wifaq was thinking of boycotting the event.  One of Al 
Wifaq's long-standing criticisms of the GOB is that Bahrain's 
Constitution is illegitimate and that Bahrain remains in the 
quagmire of a constitutional crisis.  Guleid expressed his 
nervousness to PolOff about the possibility of Al Wifaq not 
attending the seminar. He was concerned that the five other 
opposition parties would side with Al Wifaq and no one would 
attend.  Guleid told PolOff that three phone calls with Al 
Wifaq's President Ali Salman bore no indication of whether 
the rumors about boycotting the event were true.  But the day 
before the seminar, Al Wifaq leadership announced they would 
not attend.  Nonetheless, 90 participants out of 120 
respondents attended, including National Assembly members, 
Municipal Council members, prominent politicians, members of 
various opposition parties, including a prominent Al Wifaq 
Municipal Counselor Murtadha Bader.   (COMMENT: This seminar 
is one of the rare occasions when the six 'boycotting 
societies' did not act as a unified group, a sign that most 
of those societies which boycotted the 2002 elections may be 
looking forward to participating in the future.  END 
COMMENT.)  The seminar was organized into two groups of 
presentations followed by question and answer sessions open 
to the floor.  NDI promised to revisit the topic in the 
future by hosting two or three follow-up brain storming 
sessions. 
 
3. (U)  Under the session entitled, "The Actual Jurisdiction 
of the Legislative Authority in Bahrain,8 President of Al 
Minbar National Islamic Society and COR member, Dr. Salah Ali 
opened the seminar with a presentation on the system of both 
COR and Shura Council parliamentary operation within the 
articles of the Constitution.  Attorney and Al Minbar Board 
member Shaikh Issa Bin Mohammed Al Khalifa noted the 
existence within Bahrain of three major political 
orientations, one of which supports the legislative 
authority's jurisdiction stipulated in the 2002 Constitution, 
a second which refuses to recognize the legislative body on 
the grounds that the 2002 Constitution is illegitimate, and a 
third new wave which accepts the current situation as a 
foundation that can be improved. 
 
4.  (U)  COR's legal Advisor, Ammro Foad Barakat discussed 
the importance of a thorough reading and understanding of the 
Constitution and the bylaws.  He outlined details and rules 
of procedure concerning both the Representative and Shura 
Councils.  This was followed by Attorney and Advisor at the 
Department of Legal Affairs, Mal Allah Jaafer Al Hammadi 
explained the basic principles of drafting legislation. 
Shaikh Issa presented a paper on the parliamentary process 
for both Shura and COR as presented in the Constitution. 
 
5.  (U)  Guleid concluded the seminar by facilitating a 
brainstorming session on the role and authority of the 
legislative authority as stipulated in the National Charter, 
Constitution, and National Assembly Bylaws. He reminded the 
participants that there are many ways to interpret the 
Constitution; "It is not black and white," he said. The 
Constitution is written with legislative participation and 
power distributed in a way that avoids clashes between the 
Cabinet and the Legislators.  The King and the Cabinet are 
not the only drivers of the legislative process.  Members 
have the power to introduce legislation.  Guleid noted that 
the Bahraini Constitution issued on 14 February 2002 and the 
bylaws presented by the government limited the jurisdiction 
of the National Council.  He stated that executive control 
currently exercised over the legislative process may violate 
articles 56 and 93 of the Constitution.    Article 92 of the 
Constitution allows 15 members of the Shura or the COR to 
propose an amendment to the Constitution.  Article 92 also 
allows any member of the two chambers to propose laws.  Along 
with articles 81 and 104(c), Guleid underscored that the 
Shura and the COR have the right to prepare or draft 
legislation without referring them to any government entity 
and if the Prime Minister presents a bill, the chambers have 
the right to pass, amend or reject it. 
 
------------------------------------- 
The Opportunity to Agree and Disagree 
------------------------------------- 
 
6.  (U)  Most questions and comments focused on Shaikh Issa's 
Third Wave argument of accepting the current Constitution and 
moving forward.  Writer and Founder of the Gulf Academy for 
Development and Human Resources Taqi Al Zeera urged that the 
National Charter, while drafted by the GOB and approved and 
accepted by the people, must now offer realistic solutions. 
Former President of the Bahrain Center for Human Rights BCHR) 
Aziz Abul disagreed arguing that the core issue is still the 
validity of the 2002 Constitution, which was passed 
individually by the King, but not approved by the people. 
Fifty percent of the people rejected the constitution, he 
asserted. (NOTE:  The boycotting opposition societies turned 
the 2002 election into a referendum on the constitution. 
Turnout in the election was 53%, a victory by any democratic 
standard for the King and Constitution.   END NOTE.)  Member 
of the National Action Society, Dr. Abdul Nabi Al Ekri echoed 
his sentiments and said that, "Fifty percent of the 
boycotting societies do not reject the reform process or 
development, but rather the 2002 constitution.  COR member 
Municipal Council member Murtadha Bader and member of the 
boycotting Al Wifaq Society, anticipated a drop in 
participation in the 2006 election, due to what he described 
as &slow as a turtle8 progress of the representative 
council and &backward8 laws.  Other participants noted that 
the parliamentary experience would have been in better shape 
had the boycotting societies, many of which are very 
experienced, participated. 
 
7. (U)  COMMENT:  The outstanding reputation of NDI's 
programs and the influence it has on opposition society 
members, NGOs, the Municipal Council, the Shura and the COR 
made Al Wifaq's last minute boycott of the seminar a 
non-issue.  Five boycotting societies and even members of Al 
Wifaq attended. The seminar demonstrated many opportunities 
for political activists to make the existing system work and 
represents another NDI success for promoting democracy in 
Bahrain.  END COMMENT. 
NEUMANN