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”. 11

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