Second Annual Report of the National Institution for Human Rights (NIHR) 2014 - Kingdom of Bahrain
SIXTH: RECOMMENDATIONS OF THE NATIONAL INSTITUTIONS FOR HUMAN RIGHTS
15. “Paris Principles” grant the national institutions the mandate to submit to the Government,
Parliament and any other competent body, on an advisory basis, either at the request of the
authorities concerned or through the exercise of its power to hear a matter without higher
referral, opinions, recommendations, proposals and reports on any matters concerning the
promotion and protection of human rights36. This mandate is one of the core responsibilities
granted by the “Paris Principles” for the national human rights institutions through the
examination of legislation and regulations in force, proposing bills to be considered by the
legislative authority, and making recommendations as they deem appropriate to ensure that
these provisions are consistent with the fundamental principles of human rights. The national
institutions also have the mandate of drawing the attention of the government to human
rights violations, providing initiatives to put an end to such situations and, where necessary,
expressing an opinion on government positions and reactions.
16. In the same context, SCA General Observations arrived at decisions to strengthen the role
of national institutions in this area. It considered the recommendations of the institutions
set out in its annual or special reports as tool to highlight issues affecting human rights.
Therefore, in this regard, SCA emphasizes that national institutions can play a threefold role:
develop recommendations, disseminate these recommendations to the public opinion, and
urge the implementation and follow-up of these recommendations, with the need for public
authorities to provide detailed information about the mechanisms of implementation of those
recommendations37.
17. The provisions of Law No. 26 of 2014 guarantee this mandate for NIHR through Article 12,
which provide for NIHR authority to examine legislation and regulations enforced in the
Kingdom which are related to human rights, and recommend amendments as it deems fit.
NIHR is also empowered to recommend enacting new legislation related to human rights.
It has the mandate to consider the conformity of legislative and regulatory provisions with
regional and international treaties related to human rights issues, submit proposals and
recommendations to the competent authorities in any matter that reinforces and protects
human rights, draw the attention of the competent authorities for initiatives to put an end
to cases of human rights violation, and express, when necessary, an opinion on the position
of these parties and their reactions. The provisions of the Law also guarantee issuing various
statements and reports, including suggestions and recommendations, submitting them to the
constitutional authorities in the Kingdom and uploading them on its website and addressing
the public directly or through any of the various media outlets.
SEVENTH: ENSURING PLURALISM OF NATIONAL HUMAN RIGHTS INSTITUTIONS
18. Pluralist representation is one of the most important pillars endorsed by the “Paris
Principles” through the involvement of non-governmental human rights organizations,
trade unions, professional associations, other groups, academics, experts and members of the
legislative authority in the formation of national institutions. This pluralism is a guarantee
of the independence of national institutions for the advancement of their roles and ensures
maintaining relations with all stakeholders by these institutions38.
36
“Paris Principles” relating to the Status of National Institutions for the Promotion and Protection of Human Rights, Mandates and
responsibilities, Clause 3, p. 4.
37
General Observation (1 - 6) Recommendations of the National Human Rights Institutions, p. 98.
38
“Paris Principles” relating to the Status of National Institutions for the Promotion and Protection of Human Rights, Composition and
guarantees of independence and pluralism, Clause 1, p. 5.
32