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.
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