Second Annual Report of the National Institution for Human Rights (NIHR) 2014 - Kingdom of Bahrain SECTION I: BASIC REQUIREMENTS OF “PARIS PRINCIPLES” RELATING TO THE STATUS OF NATIONAL INSTITUTIONS FOR THE PROMOTION AND PROTECTION OF HUMAN RIGHTS FIRST: ESTABLISHMENT OF NATIONAL HUMAN RIGHTS INSTITUTIONS 1. “Paris Principles” state that “A national institution shall be given as broad a mandate as possible, which shall be clearly set forth in a constitutional or legislative text, specifying its composition and its sphere of competence”26. The general observations of the Sub-Committee on Accreditation (SCA) state that “The national human rights institution shall be established by a constitutional or legislative text” 27. 2. Therefore, by reference to the legal instrument establishing the National Institution for Human Rights, it is evident that it is fully harmonized with the relevant international decisions through Law No. 26 of 2014, which was replaced by the Royal Decree No. 46 of 2009, as amended by the Royal Decree No. 28 of 2012. This grants NIHR a sustainable legal status and enhances the guarantees of its independence, vested powers, and its ability to exercise its mandate without restrictions. SECOND: BROAD MANDATE IN THE FIELD OF HUMAN RIGHTS 3. “Paris Principles” confirm that: “A national institution shall be vested with competence to promote and protect human rights.”, and ”A national institution shall be given as broad a mandate as possible, which shall be clearly set forth in a constitutional or legislative text, specifying its composition and its sphere of competence” 28 . This meaning was referred to in the General Observations of the Committee Subcommittee on Accreditation (SCA) by asserting the need that the establishment law should vest specific functions in the national institutions for the “promotion” and “protection” of human rights. 4. The Committee recognizes that the “promotion” concept includes the functions performed by national institutions in the area of dissemination of information, knowledge, training, education and providing advise on human rights to the general public, or to specific target groups, in order to instill a community culture that is based on transferring knowledge of human rights to practical skills on the ground. The concept of “protection” pertains to national institutions quasi-judicial authority to receive complaints of human rights, monitor any issue that would prejudice the right of individuals to enjoy their rights and public freedoms, and conduct field visits to places where human rights violations are likely to occur29. 5. The provisions of Law No. 26 of 2014 awards NIHR a broad mandate in the field of human rights through Article 2 which stipulates as follows: “An independent institution called the “National Institution for Human Rights” shall be established. The institution shall be in charge of promoting, developing, and safeguarding human rights, fostering human rights values, raising awareness on human rights, and ensuring the exercise of human rights”. Article 12 of the same Law grants NIHR the freedom to comment on any issue related to 26 A”Paris Principles” relating to the Status of National Institutions for the Promotion and Protection of Human Rights, Competence and responsibilities, clause 2, p. 4. 27 General Observation (1 - 1) Establishment of national human rights institutions - Annex III: General Observations of the SubCommittee on Accreditation - Report of the Sub-Committee on Accreditation in November 2013- p. 86. 28 “Paris Principles” relating to the Status of National Institutions for the Promotion and Protection of Human Rights, Competence and responsibilities, Clauses 1 and 2, p. 4. 29 General Observation (1 - 2) Human Rights Mandate- p. 87. 29