registered letter rejecting the establishment and the reasons for
rejection. The purpose of this is to enable the founders to challenge the
decision before the court. However, the law considers that if the time
limits lapsed without the declaration of the founding of the association
or the notification of the agent of the founders of the rejection, then
this is an implicit rejection of this establishment. In all cases, the law
specifies that political associations cannot be dissolved or suspended,
or their leaders dismissed expect in accordance with the provisions of
the statute of the association or by virtue of the judiciary.
8.15
Despite the fact that the path adopted by the Law requires notifying
the agent of the founders with a registered letter of rejecting the
establishment and stating the reasons for rejection in order to be able
to challenge the rejection decision before the judiciary, which is a
guarantee for the effective enjoyment of the freedom of association;
yet, the provision on elapsing the set deadline for the founding of the
association without declaring its establishment or notifying the agent
of the founders of refusal, and considering it an implicit rejection, has
voided the value of that guarantee.
This is not acceptable, since
implicit refusal in such cases constitutes an infringement of
international standards relating to the freedom of association.
8.16
It should be noted that the course of the Law toward the
inadmissibility of dissolution of political associations or suspending
their activities or dismissing their leaders except in accordance with
the provisions of the statute of the association or by virtue of the
judiciary is a provision in the right direction.
Parallel Report by the National Institution for Human Rights of the Kingdom of Bahrain to the Human Rights Committee © 2018
50