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.
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