Second Annual Report of the National Institution for Human Rights (NIHR) 2014 - Kingdom of Bahrain
by the government through issuing an internal regulation promulgated by a resolution of the
Council of Commissioners. The internal regulation includes, in particular, the organizational
structure of the Secretary and it regulates the affairs of its employees, according to the relevant
laws and regulations in force in the Kingdom.
FIFTH: NATIONAL INSTITUTIONS DURING THE SITUATIONS OF EMERGENCY AND
NATIONAL SAFETY
12. The situations of emergency or national safety are exceptional events that impair or violate
public rights and freedoms of individuals more than any other time. Although “Paris
Principles” do not explicitly refer to the reality of national human rights institutions during
these cases, the examination of these Principles indicates that the role of national human rights
institutions in the promotion and protection of human rights must be clearly and effectively
increased.
13. In this regard, SCA recommends that the national human rights institutions should act during
the case of emergency or national safety with the highest vigilance and full independence and
impartiality within their mandates prescribed by the law. These institutions are entrusted with
promoting and ensuring respect for and protection of the rights and democratic principles,
consolidating the rule of law by monitoring and documenting violations against the public
rights and freedoms of individuals, releasing data and publishing regular and detailed reports,
and indicating the appropriate solutions to address pressing human rights violations.
14. The provisions of Law No. 26 of 2014 point out that NIHR role in the promotion and protection
of human rights is not limited to the normal conditions, but extends a fortiori to extraordinary
cases, such as the state of emergency or national safety. This is evidenced by the general
provisions of the Law concerning the realization of NIHR role in the promotion and protection
of human rights as well as the absence of provisions that restrict its role in certain conditions
or specific periods.
15. It should be noted that NIHR, during the unfortunate security events experienced in the
Kingdom of Bahrain in February and March of 2011 and the subsequent declaration of the
State of National Safety, which lasted for more than seventy days, played a role, in accordance
with its powers, in the protection of human rights in particular, by continuing to receive
complaints and resolving them through communication with the security authorities, in
addition to releasing statements on some of the events taking place at that time58.
SIXTH: ADMINISTRATIVE REGULATIONS OF THE NATIONAL HUMAN RIGHTS
INSTITUTIONS
16. One of the most important aspects of the independence of national human rights institutions
is that they have financial and administrative independence to enable them to perform their
duties optimally. The legal tool that assists the national institutions in this respect is their
authority to develop and modify their internal administrative and financial regulations
without any interference or influence from any external authority.
17. Although “Paris Principles” do not explicitly provide for the need for national institutions
to have their own regulations, they acknowledge the necessity for the institutions to have an
infrastructure which is suited to the smooth conduct of its activities, in particular adequate
funding. The purpose of this funding is to enable it to have its own staff and premises, in order
58
For more information about NIHR role in the promotion and protection of human rights during the National Safety period in 2011,
see NIHR annual report p. 13 and p. 29.
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