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