Section III:
Advisory opinions filed by the National Institution for Human Rights to the Supreme
Judicial Council (the judiciary)
1.
The NIHR maintained effective communication with the Supreme Council of Justice
(the judiciary) with the aim of promoting integration in the human rights organization. It sent its
proposal to the Council regarding the establishment of an environment specific public prosecution
as well as court departments specialized in environmental violations and crimes.
2. T
he environmental right is amongst the rights guaranteed by the third generation of human rights,
or what has been termed as rights of solidarity. As a human right, it is the “right to the existence of a
balanced environment and what is required to maintain and improve natural systems and resources,
and protecting the environment from pollution or the unjust deterioration of its resources”.
3. T
he World Charter for Nature of 1982 9, which was adopted by the General Assembly, indicated in
its preamble: “human beings need to acquire the necessary knowledge in order to maintain and
develop their ability to use natural resources in a manner that ensures preservation of the species
and ecosystems for the benefit of present and future generations”. And this right must be protected
by the state to ensure that everyone enjoys it, and that necessary measures are taken to achieve the
full realization of the right to a clean environment.
4. The Constitution of the Kingdom of Bahrain states in Part II the basic components of the Bahraini
society, and Article (9) included provisions to ensure that citizens enjoy the right to a clean and
healthy environment. Paragraph (f) stipulated that: “the state implements required measures for
the maintenance of the environment and wildlife conservation”. The Constitution was also keen on
maintaining environmental parameters, maintaining ecosystem balance, and preserving elements
of environmental security and natural resources for the community through the provisions of
Article number (11), which stipulated that: “all natural wealth and resources are the property of
the state, which is responsible for its preservation and proper investment, taking into account the
requirements of the state security and the national economy.”
5. T
hrough extrapolating the provisions of Decree for Law No. (47) for the year 2012 indicating the
establishment and organization of the Supreme Council for the Environment, Article No (1) indicated
that: “A Council is established and will be called (The Supreme Council for the Environment),
and will be attached to the Council of Ministers. A decree will be issued to define its composition
and determine the period of membership, hereinafter referred to in this law as the “Council”. The
Council shall assume the direct powers vested in both: the environment entity and the competent
minister in charge of environment affairs as set forth in Legislative Decree No. (21) for the year
1996 on the environment, the National Commission for Wildlife Conservation stipulated in Decree
number (2) of the year 1995 on the protection of wildlife. The Council in particular has the right
to develop the future strategy for environment and sustainable development in the Kingdom of
Bahrain and follow up its implementation with relevant ministries, entities and institutions”.
9 The World Charter for Nature – document no A/RES/37/7
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