Second Annual Report of the National Institution for Human Rights (NIHR) 2014 - Kingdom of Bahrain
EIGHTH: THE QUASI-JUDICIAL COMPETENCY OF NATIONAL HUMAN RIGHTS
INSTITUTIONS
33. “Paris Principles” and SCA General Observations62 grant national human rights institutions
“the authority to hear and consider complaints and petitions concerning individual
situations. Cases may be brought before it by individuals, their representatives, thirds
parties, non-governmental organizations, associations of trade unions or any other
representative organizations”63. In order to enable the national institutions to perform these
quasi-judicial mandates, “Paris Principles” indicate that the national institutions have the
mandate to seek an amicable settlement through conciliation or inform the party who filed the
petition of his rights, in particular the remedies available to him, facilitate his access to them,
hear any complaints or petitions or transmit them to any other competent authority and make
the appropriate recommendations in this regard.
34. The provisions of Law No. 26 of 2014 address these quasi-judicial authorities in Article 12,
paragraphs (e, f, g), which state that in fulfillment of its objectives, NIHR will have the mandate
to monitor violation of human rights instances, conduct the necessary investigation, draw
the attention of the competent authorities and provide them with proposals on initiatives to
put an end to such violations and, where necessary, to express an opinion on the reactions
and positions of the competent authorities, receive, examine and consider complaints related
to human rights, refer the complaints to the relevant authorities, follow-up the complaints
effectively, or inform those concerned of the procedures that should be applied, help them
take such procedures, or assist in the settlement of complaints with the relevant authorities,
conduct field visits in accordance with the applicable principles in order to monitor human
rights situation in reform institutes, detention centers, labor gatherings, health and education
centers, or any other public place in which it is suspected that human rights violations are
committed. This is consistent with the international decisions in this regard based on NIHR
role in the protection of human rights.
62
General Observation (2 - 10) Administrative Regulations of National Human Rights Regulations, p. 139.
63
“Paris Principles” relating to the Status of National Institutions for the Promotion and Protection of Human Rights, Additional
principles concerning the status of commissions with quasi-jurisdictional competence, p. 7.
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