Second Annual Report of the National Institution for Human Rights (NIHR) 2014 - Kingdom of Bahrain
included provisions on the establishment of the Council of commissioners of NIHR, conditions
for appointment of its members, determining the authority in charge of appointment, and the
regulation related to its meetings. The draft law addressed the guarantees enjoyed by NIHR
members in the exercise of their duties entrusted to them and the cases of their dismissal
before the end of their term of membership.
5.
The draft law includes the prescribed mandates of NIHR in order to achieve its objectives in
the promotion and protection of human rights and identifies the entities that may refer any
issues it deems fit to NIHR, including those related to its mandates, for consideration and
opinion. The draft law grants NIHR the right to request any information, data or documents
necessary to achieve its objectives from the competent ministries and agencies in the Kingdom,
and the right to notify the competent authority in case of non-cooperation by these ministries
or agencies. The provisions of the draft law oblige the Council of Commissioners, its members,
and the staff of the Secretary to maintain the confidentiality of the information, data and
documents received by them.
6.
At the financial level, the draft law identifies NIHR financial resources that ensure its
performance of its duties. The draft law obliges NIHR Council of Commissioners to prepare an
annual report on its efforts, activities and other works related to human rights in the Kingdom
and any proposals and recommendations it deems fit within its mandates, and determine
performance obstacles and any approved solutions to avoid such obstacles. The Council of
Commissioners will present its report to the King, the Cabinet, the House of Representatives
and the Shura Council, and will present in parallel its report to the public opinion. Finally, the
draft law includes final provisions under which it was decided to abrogate the Royal Decree
No. 46 of 2009 on Establishing the National Institution for Human Rights, as amended by the
Royal Decree No. 28 of 2012, and an executive article that identifies the competent bodies to
implement the provisions of the Law and the enforcement date of the Law.
7.
Pursuant to the constitutional provisions adopted in this regard, the Standing Committee of
Human Rights of the House of Representatives considered the draft law received from the
Government. In principle, the Committee report recommended approving the draft law, with
a number of amendments recommended by NIHR in its views submitted to the Committee,
which were consistent with the provisions of “Paris Principles” and other international
instruments relevant to NIHR work. During the twenty-seventh meeting of the House of
Representatives of the fourth ordinary annual session of the third legislative term held on
April 29, 2014, the Council approved the draft law and forwarded it to the Shura Council
pursuant to Article 81 of the Constitution4.
8.
Pursuant to the provisions of the Statute of the Shura Council issued under Decree-Law No. 55
of 2002, as amended, the decision of the House of Representatives on the draft law was referred
to the Standing Committee for Human Rights of the Shura Council. The latter, after listening
to NIHR remarks, approved the draft law in principle in accordance with the decision of the
House of Representatives in this regard. During the thirtieth meeting of the Shura Council of
the fourth ordinary annual session of the third legislative term held on June 2, 2014, the Council
granted final approval on the recommendation of the competent Committee5 and forwarded
4
To review the report of the Standing Committee for Human Rights of the House of Representatives on NIHR draft law, visit the website
of the House of Representatives: www.nuwab.bh
5
To review the report of the Standing Committee for Human Rights of the Shura Council on NIHR draft law, visit the website of the
Shura Council: www.shura.bh.
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