Second Annual Report of the National Institution for Human Rights (NIHR) 2014 - Kingdom of Bahrain to be independent of the Government and not be subject to financial control which might affect its independence59. The concept of “infrastructure and staff management” can apply to the regulations that organize the conduct of the institutions. This was confirmed by SCA in its interpretation of the necessity for national institutions to have regulations to organize their operation and the affairs of their staff because they have a financially and administratively independent legal entity from the government60. 18. Article 8 of Law No. 26 of 2014 provides that: “The Council of Commissioners shall lay down an executive regulation to organize its meeting and the committees, determine the competence of the committees, as well as any other issues related to the affairs of the Members. The regulation shall be promulgated by a resolution of the Chairperson based on the approval of the majority of the Members”. Article 18 of the same Law states that: “NIHR shall have an internal regulation promulgated by a resolution of the Chairperson based on the approval of the majority of the Members. The internal regulation shall include, in particular, the organizational structure of the Secretary and it shall regulate the affairs of its employees, according to the relevant laws and regulations in force in the Kingdom. NIHR shall also have a financial regulation organizing its accounting and financial affairs”. 19. Accordingly, it is evident that the provisions of the Law grant the Council of Commissioners – as NIHR decision-making body- independent and full mandate for laying down and amending its internal operational, administrative and financial regulations without any interference or influence of any external authority, which reflects the concept of independence referred to in the relevant international decisions. 20. To this effect, the Council of Commissioners Resolution No. 12 of 2014 was issued, which adopts the Executive Regulation concerning the organization and operation of the National Institution for Human Rights. It include the issues relevant to the work of the Council of Commissioners, its office, its standing committees, including meetings of the Council, its office, and standing committees, and their respective mandates. The Regulation also addresses the provisions related to the presence and absence of the members, their immunity, confidentiality of the information and data obtained or acquired in the course of employment, penalties of breaching membership duties or committing any of the prohibited acts, and other provisions concerning the conditions in which membership is suspended by operation of law or upon a recommendation of the Council of Commissioners by royal decree. The Regulation further determines travel bonuses and allowances of the members concerning their duties. 21. The Council of Commissioners also issued Resolution No. 14 of 2014 on NIHR Personnel Regulation. This regulation is an integrated legal framework that reinforces the independence of NIHR for organizing its internal staff affairs away from the government intervention in this regard. The Regulation includes provisions concerning employment relationship and its termination. It states the organizational structure of the Secretary, job descriptions, terms of appointment for the positions listed therein, types and controls of employment, provisions related to the probationary period, other provisions related to job performance appraisal system, and evaluation criteria and grades. The Regulation includes provisions concerning promotion, salaries, bonuses, and allowances and the terms and conditions regulating them. 59 “Paris Principles” relating to the Status of National Institutions for the Promotion and Protection of Human Rights, Composition and guarantees of independence and pluralism, Clause 2, p. 6. 60 General Observation (2 - 8) Administrative regulation of National Human Rights Institutions, p. 132. 39

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