8. The NIHR mentioned in the statement of its views that - commensurate with the provisions of
the International Convention on the Elimination of all Forms of Racial Discrimination, which the
Government of the Kingdom of Bahrain acceded to under Decree No. (8) of 1990 - it asserts the
need to prohibit and bring to an end any racial discrimination on the basis of race, color, descent,
or national or ethnic origin, including discrimination, exclusion, restriction or preference between
citizens and non-citizens.
9. I n spite of the fact that paragraph (2) of article (1) of the International Convention on the Elimination
of all Forms of Racial Discrimination is prima facie understood that any distinction, exclusion,
restriction or preference between citizens and non-citizens is beyond the scope of its application.
The “Committee on the Elimination of Racial Discrimination”, entrusted with the interpretation
of the provisions of this Convention, has explicitly acknowledged that the distinction, exclusion
or preference permitted in the text is for the purpose of differentiating between citizens and noncitizens. An example of this is the state issuing identity cards to citizens different in form, shape,
or color from those issued to non-citizens, since the purpose is to distinguish between the two
categories and not to discriminate, exclude, or prefer between them.
10. Based on the above, the NIHR believes that the proposed law amending some provisions of Law
No. (23) of 2014 issuing the Traffic Law, which proposed imposing a fee on each vehicle owned by
an expatriate for the use of public roads amounting to twice the prescribed fee for the issuance of
the vehicle registration certificate, although this fee is not originally imposed by law on citizens,
is a discriminatory provision and leads to restriction, exclusion, or preference of a category over
the other; its purpose is to discriminate between citizens and others. Thus, the proposed law is in
conflict with international human rights standards, and does not stand up to Bahrain’s international
obligations in this regard.
Fifth: Proposed law entailing the amendment of the provision of article No. (60) of
Law No. (37) of 2012 on the Child
1. The NIHR referred its advisory opinion on the proposed law to amend the text of article No. (60)
of Law No. (37) of 2012 on the child, which included modifying the text of the article to stipulate
that: “It is prohibited to exploit children in political rallies, marches, and demonstrations; and it
is also prohibited to use children in electoral propaganda or other procedures and stages of the
elections in all its forms.”
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