Second Annual Report of the National Institution for Human Rights (NIHR) 2014 - Kingdom of Bahrain
should be created. Thus, the condition for involvement of government representatives in the
membership of national institutions is that they should not form a majority of the members,
and that their role should be advisory only without the right to vote44.
23. Based on the provisions of Law No. 26 of 2014, the composition of NIHR Council of
Commissioners, the decision-making body, goes beyond the international decisions in this
regard by not allowing the appointment of government representatives in NIHR. The draft
law referred by the Government to the legislative authority provides that government
representatives may be involved in the membership of NIHR Council of Commissioners.
However, in its views about the provisions of the draft law, NIHR proposed that this category
should not be involved, even in an advisory capacity, in accordance with “Paris Principles”
and SCA General Observations.
TENTH: ADEQUATE FUNDING FOR NATIONAL HUMAN RIGHTS INSTITUTIONS
24. One of the main pillars for enabling the national institutions to carry out the powers entrusted
to them in a manner that enhances their full independence is the existence of sufficient financial
resources. This would enable them to achieve their objectives in the field of promoting and
protecting human rights in the State. This has been confirmed by “Paris Principles”, which
state: “The national institution shall have an infrastructure which is suited to the smooth
conduct of its activities, in particular adequate funding. The purpose of this funding
should be to enable it to have its own staff and premises, in order to be independent of the
Government and not be subject to financial control which might affect its independence”45.
25. In interpreting this principle, SCA states in its general observations that the provision of
“adequate funding” should, as a minimum, include the allocation of funds by the State in its
budget for premises for national institutions and regional branches to ensure accessibility by
all parties; salaries and benefits awarded to its members, where appropriate, and staff; the
establishment of various communications systems; and the allocation of a sufficient amount of
resources for mandated activities in the promotion and protection of human rights.
26. SCA further considers that external funding should not compose the core funding provided
to those national institutions. The State is responsible for providing the minimum budget
for the activities of national institutions to enable them to achieve their mandates through
the allocation of a separate item in the state budget. The national institutions should have
complete autonomy and control over the disposition of their resources46.
27. This has been provided for in Article 20 of Law No. 26 of 2014, which provides that national
institutions should have sufficient financial resources to enable them to undertake their
mandates and the tasks assigned to them to the fullest extent. These resources consist of
financial resources allocated in a separate item of the state budget and unconditional donation
and aid which are in line with NIHR objectives and which the Council of Commissioners
decides to accept in accordance with the laws and regulations in force in the Kingdom. The
Law further explicitly provides that NIHR will manage and control its financial resources with
complete independence.
43
“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. 6.
44
General Observation (1 - 9) Government Representatives in National Human Rights Institutions, p. 107.
45
“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 2, p. 6.
46
General Observation (1 - 10) Adequate Funding of National Human Rights Institutions, p. 111.
34