3. While Article (7) of the proposals stipulate that “1- The foreign woman who marries a Bahraini
after the date of this law coming into effect does not become Bahraini unless she apprises
the Minister of Interior of her wish to acquire this nationality and the matrimonial relations
existed for a period of five years from the date of declaring her wish or her Bahraini spouse
died or her child died prior to the expiry of this period and he had children through her who
are Bahraini by birth and she maintained her legitimate and ordinary residence in Bahrain
until the expiry of this period then it is permissible to grant her the Bahraini nationality. It is
permissible for the Minister of Interior to give exemption from all or some of this period, and
it is also permissible for him during this period and for reasons related to national security and
public order to deprive the foreign woman from acquiring the Bahraini nationality by virtue
of belonging to her spouse. Moreover, it is permissible for the concerned party to challenge
(appeal) the decision of the Minister of Interior to deprive the foreign wife from obtaining the
nationality by virtue of affiliation to her spouse before the High Civil Court. 2- The Bahraini
woman who marries a foreigner does not lose her nationality unless she acquires the nationality
of her foreign husband as of the date of her acquiring the said nationality, and despite this the
Bahraini nationality is restored to her from the date of the expiry of her matrimonial bond in case
she declares her wish thereof to the Minister of Interior and her ordinary residence is in Bahrain
or she returned to reside therein. And it is permissible for the Minister of Interior to exempt
from all or some of this period, and it is likewise permissible for him during this period and for
reasons related to national security and public order to deprive her from recovering her Bahraini
nationality pursuant to the previous Paragraph. 3- In case a foreign woman acquires the Bahraini
nationality pursuant to the previous paragraph or pursuant to Paragraph (4) of Article (6) of this
Law, she does not lose it upon the end of matrimony unless she recovers her original nationality
or acquires another nationality, and it is possible to restore her Bahraini nationality by command
of the King in case she requests such.”
اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ
ﻟﻠﻤﺆﺳﺴﺔ اﻟﻮﻃﻨﻴﺔ ﻟﺤﻘﻮق اﻧﺴﻨﺎم
ـ ﻣﻤﻠﻜﺔ اﻟﺒﺤﺮﻳﻦ2015 ﻟﻌﺎم
4. The NIHR is of the view that paragraphs (1-2-3-4) of Article Number (6) subject of the proposed
law are consistent with the provisions of the Bahraini Constitution and with the provisions of
international conventions related to human rights to which the Kingdom of Bahrain acceded, given
that these paragraphs treat the conditions which should be met by every foreigner who applies for
the Bahraini nationality, which are legal restrictions which the legislator drew up in accordance
with a general standard for everyone that wishes to acquire the Bahraini nationality, and in this
respect he has absolute discretionary power to set any of the conditions that he deems suitable,
and in view of the fact that the acquisition of the nationality in a particular country is intimately
intertwined with the high state policy and given its high authority and sovereignty domestically
and abroad, the public law jurisprudence has considered it a political act which is not subject to the
monitoring of the judiciary.
5. As to what relates to Paragraph (5) of Article (6) of the proposed law it violated each of Articles
Numbers (1/E,4, 16/B, 18, 31) of the Bahraini Constitution, and Articles Numbers (2,5,25,26) of the
International Covenant on Civil and Political Rights (ICCPR), and Articles (2,5) of the International
Covenant on Economic, Social and Cultural Rights (ICESCR), and Article (1,5) of the International
Convention on the Elimination of All Forms of Racial Discrimination (ICERD) to which the Kingdom
of Bahrain acceded in the manner outlined above.
44