Second Annual Report of the National Institution for Human Rights (NIHR) 2014 - Kingdom of Bahrain 31. Accordingly, NIHR believes that the twenty-one cases, according to the Public Prosecution statement, raise concern in the absence of initiatives, serious actions taken by the competent authorities, in particular by the “National Committee to Combat Trafficking in Persons”, or a national strategy to combat this crime. This has a major impact on human rights and fundamental freedoms, particularly the rights of foreigners. Accordingly, there is need to review the law on this crime and other relevant laws to ensure comprehensiveness and consistency with the relevant international instruments. It is necessary to activate the work of the abovementioned Committee and to adopt the recommendations set out in NIHR first annual report in connection with combating trafficking in Persons80. SECTION II: THE RIGHT TO NOMINATION AND ELECTION 1. The right to nomination and election is one of the most prominent civil and political rights and one of the pillars of democratic rule that is based on that people are the source of all authorities. A transparent and fair electoral process is considered one of the most important guarantees for the existence of a legal state. The absence of this right or impeding the enjoyment of its exercise undermines the legal elements for the establishment of such a state. 2. The Constitution of the Kingdom of Bahrain guarantees the right of citizens to nomination and election through Article (2), paragraph (e) which states as follows: “Citizens, both men and women, are entitled to participate in public affairs and may enjoy political rights, including the right to vote and to stand for elections, in accordance with this Constitution and the conditions and principles laid down by law. No citizen can be deprived of the right to vote or to nominate oneself for elections except by law”81. 3. At the level of national legislation, there are a number of laws that lay down the detailed rules governing the exercise and protection of the right to nomination and election82, including the Decree Law No. 14 of 2002 on the Exercise of Political Rights, as amended, which deals with the referendum process and the election of members of the House of Representatives. It sets forth the required conditions for exercising these rights, the conditions in which the right to vote is forfeited, matters related to the lists of voters and the mechanism organizing the referendum and the election, crimes related to referendum and election and the penalties for these crimes. 4. The Decree Law No. 15 of 2002 on the Shura Council and the House of Representatives, as amended, indicates the composition of the Shura Council, its term of office, the conditions for the appointment of its members, cases of membership termination, whether through forfeiture or upon request of members, the composition of the House of Representatives, the mechanism for election of its members through direct and secret election according to individual election system, its prescribed term of office, the conditions and procedures to be taken into account in the nomination for membership of the House of Representatives, provisions related to the electoral propaganda, prescribed conditions for forfeiture of membership or resignation from the House of Representatives, in addition to the penalties for violation of its provisions. 5. With regard to the right to participate in the public affairs, the provisions of the Municipalities Law promulgated by the Decree Law No. 35 of 2010, as amended, divides the Kingdom of Bahrain to municipalities and to the Capital Secretariat. It indicates the mechanism for 80 To review the recommendations related to combating trafficking in Persons, refer to NIHR First Annual Report for 2013, p. 95. 81 Constitution of the Kingdom of Bahrain 2002 and its amendment 2012. 82 For more information visit NIHR website: www.nihr.org.bh 72

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