National Institution for Human Rights – Kingdom of Bahrain
that “Perpetrators and instigators of terrorist crimes should be deprived of their
Bahraini nationality”.
8. Concerning the same issue, NIHR observed that a number of human rights
international organizations and bodies, including the United Nations High
Commissioner for Human Rights, expressed their deep concern of the decision
to deprive 31 citizens of Bahraini nationality, and warned of the consequences of
arbitrary deprivation of nationality.
9. Back to the Ministry of Interior statement about revoking the citizenship of 31 citizens,
NIHR found that it did not specify the legal instrument under which these citizens
are deprived from their Bahraini nationality. Article 10 of the Bahraini Citizenship
Act of 1963, as amended, provides that: “Citizenship of Bahrain may be forfeited
by order of His Majesty the Governor from whoever enjoys such nationality on
the following cases: a. If he enters in military service of a foreign country and
keeps on service despite an order issued by His Majesty the Governor ordering
him to leave such service; b. If he helps or engages in service of an enemy country,
or c. If he causes harm to the security of the State”. These conditions are exclusive
in which the Bahraini citizenship may be forfeited by order of the His Majesty the
Governor and no one else.
10. NIHR attended one of the hearings held on December 23, 2013 before the Supreme
Administrative Court to consider the case of one of the persons whose Bahraini
nationality has been forfeited. During the hearing, NIHR observed that the State
agencies refused to give the plaintiff a copy of the decision forfeiting his citizenship.
It is incumbent on the Ministry of Interior to enable the persons whose nationality
has been forfeited to obtain copies of these resolution, in order to be able to challenge
these resolutions before the competent court and prepare their defense pursuant
to their rights thereto. Not presenting copies of these resolutions to the defendants
renders the case null and void.
11. Accordingly, NIHR believes that the State’s right to drop the nationality is legitimate
and is a practice adopted in all legislation and legal systems in order to maintain
the security, safety and interests of the country. However, the exercise of such
right must not lead to the emergence of statelessness phenomenon. In all cases in
which citizenship is forfeited, the procedure should be conditional upon a set of
legal guarantees that determine the forfeiture expressly and clearly. In addition, the
public authority should take transparent procedures in this regard, and nationality
should not be forfeited except under a court judgment that grants the person whose
citizenship is forfeited the right to effective judicial appeal from this decision.
12. In a statement released on July 28, 2013 in this regard, NIHR appreciated the
recommendations made by the National Council in its extraordinary session based
on its belief in the responsibility to maintain the capabilities, achievements and the
future of this country. Nonetheless, NIHR stressed the need not to encroach upon the
commitments of the Government of the Kingdom of Bahrain and its international
obligations and to respect human rights. NIHR further asserted the need to
observe the provisions of the law and to ensure its implementation in line with the
constitutional and legal safeguards.
13. In order to identify the number of persons who have been granted the Bahraini
nationality during 2011-2013, and the number of persons whose citizenship has been
forfeited, and indicate the reasons for these measures, NIHR contacted the Ministry
of Interior, but no response was received.
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