Second Annual Report of the National Institution for Human Rights (NIHR) 2014 - Kingdom of Bahrain
19. This meaning was confirmed in SCA General Observations, which state that pluralist
representation must be on the widest scale possible for the various segments of society,
including sex, ethnicity, and minorities. This pluralism ensures that the various human
rights issues are reached to the national institution39. The provisions of Law No. 26 of 2014
address pluralism in composition in Article (3), which provides that: “NIHR shall have a
Council of commissioners composed of eleven members, including the Chairperson and
Vice Chairperson. The Members shall be elected from advisory and academic bodies, civil
society organizations, trade unions, and social, economic and professional bodies, provided
that women and minorities are represented appropriately on the Board”. This is completely
in line with the international decisions in this regard.
EIGHTH: SELECTION AND APPOINTMENT OF THE DECISION-MAKING BODY OF THE
NATIONAL HUMAN RIGHTS INSTITUTIONS
20. “Paris Principles” emphasize that: “The composition of the national institution and the
appointment of its members, whether by means of an election or otherwise, shall be
established in accordance with a procedure which affords all necessary guarantees to
ensure the pluralist representation of the social forces (of civilian society) involved in
the protection and promotion of human right”40. SCA interprets this principle as that the
selection and appointment of the members of the national institutions, whether by means of
an election or otherwise, must be based on merit, transparency and participatory between all
stakeholders. These members should act in their personal capacity to ensure the independence
of national institutions from any actual substantial conflict of interest41.
21. In the same context, Article 5 of Law No. 26 of 2014 determines that the eleven members of
NIHR Council of Commissioners, which is the decision-making body, will be appointed as
per Royal Decree by the King, who is the head of the three constitutional authorities in the
Kingdom42, for a period of four years, which may be renewed for similar periods. Appointments
will take place after consultation with the relevant civil society institutions and various
other organizations. The Law states that the members of NIHR Council of Commissioners
will undertake their tasks in their personal capacity, which is in line with the international
decisions in this regard.
NINTH: GOVERNMENT REPRESENTATIVES IN THE NATIONAL HUMAN RIGHTS
INSTITUTIONS
22. “Paris Principles” indicate that representatives of government departments may be involved
upon the formation of national institutions and the appointment of their members in an
advisory capacity, without involvement in the deliberations43. This has been addressed by SCA
General Observations, which confirmed that despite the importance of having a formal and
solid relationship based on joint cooperation between the government agencies and national
institutions in order to enable the latter to undertake their duties in the promotion and protection
of human rights, this cooperation should not prejudice or neutralize the independence of
national institutions in the performance of their entrusted duties and no conflict of interest
39
General Observation (1 - 7) Ensuring the Pluralism of National Human Rights Institutions, p. 102.
“Paris Principles” relating to the Status of National Institutions for the Promotion and Protection of Human Rights, Formation and
guarantees of independence and pluralism, Clause 1, p. 5.
41
General Observation (1 - 8) Ensuring the Pluralism of National Human Rights Institutions, p. 105.
42
Article 33.b of the Amended Constitution of the Kingdom of Bahrain: “Legislative authority is vested in the King and the National
Assembly in accordance with the Constitution. Executive authority is vested in the King together with the Cabinet and Ministers,
and judicial rulings are issued in his name, the whole being in accordance with the provisions of the Constitution”. Article 33.a
provides as follows: “The King is Head of State, and its nominal representative, and his person is inviolate. He is the loyal protector
of the religion and the homeland, and the symbol of national unity”.
40
33