National Institution for Human Rights – Kingdom of Bahrain
sets out the cases where nationality may be forfeited, either by change or deprivation.
It further determines the cases of dual nationality or statelessness.
4. In terms of international instruments, Article 16 of the International Covenant on
Civil and Political Rights, to which the Government of the Kingdom of Bahrain
acceded under Law No. 56 of 2006, provides as follows: “Everyone shall have the
right to recognition everywhere as a person before the law”. The same meaning
is confirmed by Article 24, Clause 3, which provides that: “Every child has the
right to acquire a nationality”. In the same context, Article 7 of the Convention
on the Rights of the Child in 1989, to which the Government of the Kingdom of
Bahrain acceded under Decree Law No. 16 of 1991, provides that the child should be
registered immediately after birth and will have the right from birth to a name, and
the right to acquire a nationality. Clause 2 of the same Article provides that States
Parties should ensure the implementation of these rights in accordance with their
national law and their obligations under the relevant international instruments in
this field, in particular where the child would otherwise be stateless. On the other
hand, Article 9 of the Convention on the Elimination of All Forms of Discrimination
against Women, to which the Government of the Kingdom of Bahrain acceded under
Decree No. 5 of 2002, provides that: “1. States Parties shall grant women equal
rights with men to acquire, change or retain their nationality. They shall ensure
in particular that neither marriage to an alien nor change of nationality by the
husband during marriage shall automatically change the nationality of the wife,
render her stateless or forced upon her the nationality of the husband. 2. States
Parties shall grant women equal rights with men with respect to the nationality of
their children”. The Bahraini Government still have reservations as to this Article.
5. Back to the provisions of the Bahraini Citizenship Act of 1963, as amended, it is
noted that it limits the acquisition of the Bahraini nationality to two cases; first: if
the person is born in or abroad Bahrain, and his father was a Bahraini national at the
time of birth; second: if the person is born in or abroad Bahrain, and his mother was
a Bahraini at the time of birth, provided that the father is unknown, or paternity has
not been legally proved. In the latter case, the Bahraini nationality is granted only if
the father is unknown or if paternity is not proved, in order not to deprive illegitimate
children from nationality, if their mother has the Bahraini nationality. However, this
constitutes discrimination in relation to children of the Bahraini mother in case the
father has unknown nationality or is stateless (i.e. legitimate children). It is noted
that NIHR took note of this issue and submitted its recommendations in this regard
to the Government to make the necessary legislative amendments.
6. NIHR also notes that statelessness has negative impact, as it renders the basic rights
of individuals vulnerable to abuse, and discrimination and ill-treatment become
permanent risks to stateless persons. This will lead to restriction of the freedom of
movement, and denial of employment opportunities, livelihood, decent living, and
the right to housing, property, health, and education, in addition to other relevant
rights.
7. Accordingly, NIHR observed that the statement released by the Ministry of Interior
on November 6, 2012 deprives 31 persons of nationality according to Article 10,
Clause c, of the Bahraini Citizenship Act of 1963, as amended, under the pretext of
causing damage to the security of the state. The statement further notes that any
person who has an objection to the decision may have recourse to the court2. NIHR
followed up the recommendation of the National Council in its extraordinary session
held on July 28, 2013 related to the recognition of legal personality, which stipulates
2. Bahrain News Agency (BNA) – Ministry of Interior statement released on November 6, 2012.
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