National Institution for Human Rights – Kingdom of Bahrain 5. Regarding the organization of trade unions, Decree-Law No. 33 of 2002 Promulgating the Trade Unions Law, as amended, sets out the trade union structure and objectives, the provisions related to the establishment and membership of trade unions, dissolution provisions, and the acts that are prohibited to be carried out by the trade unions. 6. It should be noted that there are approximately 223 associations registered under the provisions of Decree-Law No. 21 of 1989 Promulgating the Law on Societies, Social and Cultural Clubs, Youth and Sports Private Bodies, and Private Institutions, as amended, and nearly 20 political associations formed under Law No. 26 of 2005 on Political Associations, while there are approximately 91 trade unions that fall under the provisions of Decree-Law No. 33 of 2002 Promulgating Trade Unions Law, as amended. 7. In terms of international human rights instruments, Article No. 22 of the International Covenant on Civil and Political Rights, which was acceded to by the Government of the Kingdom of Bahrain under Law No. 56 of 2006, guarantees the right to organize. It provides that everyone have the right to freedom of forming association with others, including the right to form and join trade unions, and that no restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others. 8. The International Covenant on Economic, Social and Cultural Rights, which was acceded to by the Government of the Kingdom of Bahrain under Law No. 10 of 2007, provides for the right to form and join trade unions. Article 8 of the said Covenant states that the States Parties to the present Covenant undertake to ensure the right to form trade unions with others, and join the trade unions of one’s choice, and the right of trade unions to establish federations. It agrees with the International Covenant on Civil and Political Rights in that no restrictions may be placed on the exercise of this right, other than those mentioned above. 9. Accordingly, the right to form and join associations or unions is an inherent part of the right to organize, and embodies the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Therefore, it is not permissible for the national law regulating this right to place comprehensive restrictions that prevent individuals from exercising their right to form associations or unions. If these restrictions prevent the enjoyment of the right to organize, they will be illegal restrictions. In addition, forcing the individual to join any association or union in particular infringes on this right. These entities should have the freedom to choose their members and their openness to any membership. This is particularly important for political associations or unions, as direct intervention in their membership violates their independence, and reflects negatively on the exercise of the right to organize. 10. Concerning the rules for registration of associations and trade unions, the relevant international standards confirm that the requirement of notifying the public authorities about the intention to establish an association or union complies with the international human rights law. It is better than the permission approach, which requires obtaining the approval of the competent public authority on forming the association or the trade union, as long as the notification fulfills the legal form set out in the legislation. In any case, the legislation governing the right to organize should specify short periods for responding to the entity that sent the notification 69