Second Annual Report of the National Institution for Human Rights (NIHR) 2014 - Kingdom of Bahrain
composition and membership of municipal councils and the Capital Secretariat, membership
conditions, the mandates assigned to municipal councils, its regulations, the provisions
related to its executive body, and its allocated financial resources. Decree-Law No. 3 of 2002
on the Election of Members of Municipal Councils, as amended, indicates the conditions for
electing members of municipal councils, cases of forfeiture of this right, the provisions related
to the lists of voters, electoral domiciles, and election mechanism. The Decree Law further
determines the penalties for violating its provisions.
6.
In order to complement this legislative system to practice the right to nomination and election,
there is supportive legislation to regulate the exercise of this right, such as Decree Law No. 14 of
1973 on the Organization of Advertisements and Resolution No. 77 of 2006 on the Organization
of the Election Campaigns of the House of Representatives and Municipal Councils, which
deal with issues and procedures relating to electoral propaganda and the related penalties.
7.
The right to nomination and election is set forth in the international human rights instruments,
specifically in the International Covenant on Civil and Political Rights, which was acceded to
by the Kingdom of Bahrain under Law No. 65 of 2007. Article 25 of the Covenant provides
that every citizen has the right without any distinction to take part in the conduct of public
affairs, directly or through freely chosen representatives, to vote and to be elected at genuine
periodic elections which will be by universal and equal suffrage and will be held by secret
ballot, guaranteeing the free expression of the will of the electors.
8.
The international instruments83 related to the right to nomination and election confirm that
the exercise of this right should not be based on any distinction between citizens, whether on
the grounds of gender, race, language, religion, political or other opinion, national or social
origin, property, birth or any other reason. Exercising political rights by the citizens, whether
by nomination or election, should be under free and fair periodic election procedures, within
reasonable time periods, and under laws guaranteeing the actual exercise of these rights.
The voters should have the freedom to cast their votes for the candidates of their choice and
to have the freedom to express their views in full independence without being exposed to
violence, threat of violence, coercion, enticement or any attempts to interfere and manipulate
in a manner that affects this independence of any kind.
9.
The legislation regulating the electoral process may include reasonable restrictions that are
designed to regulate or restrict the right to nomination and election without compromising
its essence. The restrictions regulating this right may include setting a minimum legal age to
exercise the right to vote. On the other hand, the international instruments directly related to
the citizens’ right to nomination or election that is based on literacy, education level or non
membership of political parties or associations is an unreasonable restraint that violates this
right.
10. In order to achieve the effective exercise of the right to nomination and election, the state must
take effective measures to ensure the exercise of this right. The electoral lists should include a
record of the names and information of eligible voters. The registration of voters is an integral
part of the electoral process and if these lists do not include accurate and updated information,
citizens may be deprived of exercising their right in this regard.
83
General Comment 25 (57) adopted by the Human Rights Committee under article 40, paragraph 4, of the International Covenant on
Civil and Political Rights, Doc. No. CCPR/C/21/Rev.1/Add.7.
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