INTRODUCTORY CHAPTER: DEVELOPMENT OF THE
NATIONAL INSTITUTION FOR HUMAN RIGHTS WORK
SECTION I: LEGAL FRAMEWORK OF THE NATIONAL INSTITUTION FOR HUMAN
RIGHTS
1. Given the urgent need to deal responsibly with human rights issues and developing policies
related to the promotion, development and protection of human rights in the Kingdom of
Bahrain and in view of the importance of the advancement and preservation of human rights
principles, His Majesty King Hamad bin Isa Al Khalifa, King of Bahrain, issued the Royal
Decree No. 46 of 2009, amended by Royal Order No. 28 of 2012, on the Establishment of the
National Institution for Human Rights in Manama.
2.
However, in confirmation of the Government’s commitment to fully support NIHR work
as the main independent entity in the Kingdom of Bahrain with respect to the promotion
and protection of human rights, the Government and NIHR agreed on the need to pass a
new law that ensures actual guarantee and complete independence of NIHR, and awards
it additional functions and powers in line with “Paris Principles”2 relating to the Status of
National Institutions for the Promotion and Protection of Human Rights.
3.
Accordingly, NIHR prepared a draft law that takes into account the relevant provisions of
“Paris Principles” in addition to a sample statement of the national institutions of human rights
compliance with those principles issued by the International Coordinating Committee (ICC),
the General Observations of the Subcommittee on Accreditation (SCA) of the International
Coordinating Committee, and certain legislation regulating the work of the Arab national
institutions accredited by ICC, including in the Arab Republic of Egypt (National Council
for Human Rights), the Kingdom of Morocco (National Council for Human Rights), Jordan
(National Centre for Human Rights), the State of Qatar (National Human Rights Commission),
and Oman (National Human Rights Commission). NIHR submitted the law to the Government
to be drafted as bill in order to be referred to the legislative authority in accordance with the
applicable constitutional procedures in this regard.
4.
Pursuant to Articles (35.a) and (81) of the Constitution of the Kingdom of Bahrain3, on
January 16, 2014, the Government referred a draft law for establishing the National Institution
for Human Rights, attached to Decree No. 2 of 2014, to the legislative authority (House of
Representatives). The draft law included twenty-three articles, along with the preamble, which
address the establishment of the National Institution for Human Rights, and awarding it a fully
independent legal personality from administrative and financial aspects. The draft law also
2
“Paris Principles” relating to the Status of National Institutions for the Promotion and Protection of Human Rights, issued under the
United Nations General Assembly Resolution (48/134) in the plenary session number 85 on 20 December 1993 - Document No. (A /
RES / 48/134).
3
Article 35.a of the Constitution of Bahrain states that: “The King shall have the right to propose amending the Constitution and
initiating laws, and he alone shall ratify and promulgate the laws”.
Article 81 of the Amended Constitution of the Kingdom of Bahrain states that: “The Prime Minister shall present bills to the House of
Representatives, which is entitled to pass, amend or reject the bill. In all cases the bill shall be referred to the Shura Council, which
is entitled to pass, amend or reject the bill or to accept any amendments which the House of Representatives had introduced to the
bill, or had rejected or amended them. However, priority of debate shall always be given to bills and proposals put forward by the
Government”.
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