2. However, pursuant to its jurisdiction, the consultative opinion of the NIHR was limited to the legal
stipulations deemed to relate and have an impact on fundamental human freedoms and rights;
especially articles no. (6), (37), (38), (39), (42) and (65). Aside from that, the NIHR has referred its
comments – in terms of the formal notes (language and legal register) and subject matter (content)
– to the Government Memorandum Opinion, and the Memorandum of the Legislation and Legal
Opinion (Fatwa) Commission, attached to the draft law.
3. Article No. (6) of draft law states that: “ It isn’t allowed to combine the legal practice and the
following: 1. Speaker of the Shura Council and Council of Representatives or Municipal Councils.
2. Ministerial position. 3. Holding public positions in the State or appointment in any of the public
entities, institutions or companies or employment at the banks or associations and individuals with
exception of exemption by virtue of a Royal Decree issued based on recommendation by the Council
of Ministers. 4. Engaging in the business activity. 5. Holding the position of chairman or member
to board of directors in shareholding companies or director at a limited liability companies, joint
liability and partnership companies.”
4. The NIHR explained in its statement of perspective that the above article has determined the legal
cases where it is not allowed to combine practicing the legal profession and some other work. This
means that there is the possibility of conflict of interest between the profession and the other work
in closely related areas. However, it is noted that paragraph (1) of the same article states that it is not
allowed to combine the legal profession and the position of the speaker of the Shura Council and
Council of Representatives or municipality councils , while the reason for the prohibition extends
to include members of these councils. This is especially the case where the speaker of the Council
of Representatives and the chairpersons of municipal councils like the rest of the members of such
councils but have are elected later as speakers.
اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ
ﻟﻠﻤﺆﺳﺴﺔ اﻟﻮﻃﻨﻴﺔ ﻟﺤﻘﻮق اﻧﺴﻨﺎم
ـ ﻣﻤﻠﻜﺔ اﻟﺒﺤﺮﻳﻦ2015 ﻟﻌﺎم
5. On the other hand, the NIHR, under the law establishing the Institution, is a public institution in the
State tasked with enhancing, developing and protecting the human rights in the Kingdom of Bahrain.
In addition, NIHR establishing law has allowed the members of the Council of Commissioners
appointed by a Royal Order to be those who practice the legal profession. Consequently, pursuant
to provisions of paragraph no. (3) of the above-mentioned article; it is not allowed to combine such
profession and this position:
6. The NIHR finds believes that it is preferred that members of the Shura Council, Council of
Representatives and members of municipality councils should be treated equally regarding the
inadmissibility of combining the legal profession and these positions because this is the very purpose
sought by the draft law. In addition, the NIHR proposes to add the word (royal order or) before
the phrase (royal decree based upon recommendation from the Council of Ministers), to ensure the
exemption of all lawyers appointed by virtue of a royal order or royal decree in authorities or public
institutions within the State.
7. With regard to Article No. (37), which ruled that:” the lawyer shall be entitled to review the lawsuits
and judicial papers and have access to the data related to the lawsuit undertaken by him. The
courts, prosecutions, police departments and other entities, before which the lawyer practices his
profession, shall provide him with all facilities required for performing his duty and enable him to
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