National Institution for Human Rights – Kingdom of Bahrain should be certified, and should be attached with data and documents related to the association. The Law grants the competent minister the authority to announce the establishment of the association during sixty days from the date of the establishment application, if the application satisfies the conditions prescribed, or within fifteen days from the request of the competent minister to provide any clarifications or documents necessary to complete the registration process. The said Law requires that in case the competent minister does not announce the establishment of the association during the prescribed period, he shall notify the agent of the founders by a registered letter of the decision rejecting the establishment, along with the reasons for rejection. The purpose of this measure could be enabling the applicant to appeal the decision to the court. However, the Law considers the elapse of the prescribed period for the association registration without announcing its registration or notifying the founders’ agent of rejection as implicit rejection of such establishment. In any case, the Law prescribes that it is impermissible to dissolve political associations, suspend the activity of the association, or dismiss its officers except in accordance with the provisions of the statute of the association or by virtue of a court order. 16. The Law requires notifying the agent of the founders of the association by registered letter of the decision rejecting the establishment, along with a statement of the reasons for rejection, in order to be able to challenge the rejection decision before the court. This serves as guarantee of the right to organize. However, despite this approach, the fact that the Law considers the elapse of the prescribed periods for the association registration without announcing its registration or notifying the founders’ agent of rejection as implicit rejection of such establishment divests this guarantee of its value, since it is not an acceptable measure. The implicit rejection in these circumstances would infringe upon the international standards related to the right to organize. It should be noted that the prohibition stated by the Law for dissolving or suspending the activities of the political associations or dismissing their officers except in accordance with the provisions of the statute of the association or by virtue of a court decision is a correct provision in the right direction. 17. Regarding the freedom of the political action of political associations, Resolution No. 31 of 2013 adds Article 3 bis to the Resolution No. 4 of 2005 on the rules of political associations’ communication with foreign political parties or organizations. According to these rules, the communication between political associations and foreign political organizations should be in the presence of a representative of the Ministry of Foreign Affairs or any competent authorities deemed appropriate by the Ministry. The said resolution requires the political association, which requests such communication, to notify the Ministry of Justice, Islamic Affairs and Endowments in order to coordinate with the Ministry of Foreign Affairs at least three working days before the communication date. NIHR believes that this procedure is in conflict with the right to organize, and restricts the political action of the associations. 18. Regarding Decree-Law No. 33 of 2002 Promulgating the Law on Trade Unions, as amended, the provisions of Article 11 explicitly states that the procedures for forming a union consist of filing its statute and the name of its founders with the labor affairs ministry, provided that such statute does not contradict the provisions of the laws and regulations in force in the Kingdom. Article 17 considers that the dissolution of trade union organizations and their council of directors in accordance with the procedures set forth in the statute of the trade unions are in line with the best practices related to the right to organize. However, Article 10 of the said Law limits the right of workers who are subject to civil service regulations to joining these unions without the ability to found them. This undermines the right of this category to form trade unions. There is need for granting private sector and civil service workers equal rights to form and join trade unions. 71

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