Second Annual Report of the National Institution for Human Rights (NIHR) 2014 - Kingdom of Bahrain ELEVENTH : ANNUAL REPORTS OF NATIONAL HUMAN RIGHTS INSTITUTIONS 28. “Paris Principles” grant national human rights institutions the freedom to comment on all matters relating to the promotion and protection of human rights in the state system by preparing reports on the national situation of human rights in general, and on more specific issues47. These reports -as illustrated by (SCA) - are annual reports that aim to highlight the key developments in the human rights situation at the national level. These reports should include a presentation of the activities carried out by the national institutions for the promotion and protection of human rights during the period of the report, and should state their opinions, recommendations and proposals with respect to those conditions. 29. SCA further considers that it is imperative for national legislation organizing the mandate of national institutions to explicitly recognize that the these institutions should submit their annual reports to the constitutional authorities of the State, especially the legislative and executive authorities, in order to enforce them effectively and take the necessary actions concerning the recommendations and proposals contained therein48. 30. Based on these principles, Article 21 of Law No. 26 of 2014 states that the Council of Commissioners will prepare an annual report on NIHR efforts, activities, and other works related to human rights in the Kingdom, and any recommendations and proposals within its mandate. The Council of Commissioners will also determine performance obstacles and any approved solutions to avoid such obstacles, and will present its report to the King, the Cabinet, the House of Representatives, and Shura Council, and will present in parallel its report to the public opinion. SECTION II: PRACTICES THAT PROMOTE EFFECTIVE COMPLIANCE WITH “PARIS PRINCIPLES” RELATING TO THE STATUS OF NATIONAL INSTITUTIONS FOR THE PROMOTION AND PROTECTION OF HUMAN RIGHTS. FIRST: GUARANTEE OF TENURE FOR MEMBERS OF THE DECISION-MAKING BODY OF NATIONAL HUMAN RIGHTS INSTITUTIONS 1. One of the most important issues that ensure the autonomy of national human rights institutions is that the appointment of their members should be based on a formal decision determining the term of their tenure in order to ensure a stable mandate for their members. The appointment decision should provide for the specific period of the tenure of members and should indicate that this tenure is renewable, provided that pluralism in the membership of those institutions is guaranteed49. SCA is of the view that this issue is related to ensuring the independence of national institutions and their members, and that it is necessary in order to enable them to carry out their responsibilities without fear and without interference that may hinder their work by the state or any other actors50. 2. The provisions of Law No. 26 of 2014 are consistent with the international decisions in this regard. It explicitly provides for a mechanism for the appointment of members of the Council of Commissioners, the decision-making body. Article 5, paragraph a, states that the members 47 “Paris Principles” relating to the Status of National Institutions for the Promotion and Protection of Human Rights, Mandates and responsibilities, Clause 3, p. 4. 48 General Observation (1 - 11) Annual reports of National Human Rights Institutions, p. 115. 49 “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 3, p. 6. 50 General Observation (2 - 1) Guarantee of tenure for members of the National Human Rights Institution decision-making body, p. 118. 35

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