Second Annual Report of the National Institution for Human Rights (NIHR) 2014 - Kingdom of Bahrain 21. Law No. 24 of 2014 was promulgated to amend certain provisions of the Municipalities Law promulgated by Law Decree No. 35 of 2001, in particular cancelling and replacing the municipal council of Manama Municipality with the Capital Secretariat. There was a legal debate about the constitutionality of this amendment because it would deprive those who have the right to stand for and vote in the municipal elections from this constituency. This contradicts Article 1, Clause (e), of the Constitution which provides as follows: “Citizens, both men and women, are entitled to participate in public affairs and may enjoy political rights, including the right to vote and to stand for elections, in accordance with this Constitution and the conditions and principles laid down by law. No citizen can be deprived of the right to vote or to nominate oneself for elections except by law”, as well as Article 18 of the Constitution, which provides as follows: “People are equal in human dignity, and citizens are equal before the law in public rights and duties. There shall be no discrimination among them on the basis of sex, origin, language, religion or creed”. 22. In accordance with the applicable constitutional procedures in this regard, before His Majesty the King ratified the above amendment and before the Law was enacted, it was referred to the Constitutional Court to indicate its conformity with the provisions of the Constitution. Accordingly, on July 9, 2014, a decision was rendered by the Court, which approved the constitutionality of cancelling and replacing the municipal council of Manama Municipality with the Capital Secretariat. The court decision considered setting up the Capital Secretariat whose members are appointed by royal decree as not inconsistent with the provisions of the Constitution 89. 23. As part of NIHR mandate in the protection of human rights, it observed the position of certain political forces that boycotted the parliamentary and municipal elections. While NIHR believes that this situation expresses the views and convictions of these parties under the Constitution, it is of the view that participation in the political life is a right of individuals guaranteed by the Constitution and international human rights instruments. NIHR fully believes that the democratic approach expressed by ballot boxes is the best way to ensure respect for human rights and the rule of law and maintain national unity. Therefore, NIHR looks forwards participation in the electoral process by the national powers on different spectra in order to advance reform and protect the framework of democracy and human rights. 24. The provisions of the Decree-Law No. 15 of 2002 on the Shura Council and the House of Representatives, as amended, in particular Article 27, states that “All acts of electoral propaganda across the Kingdom shall be suspended twenty-four hours before the scheduled date for the electoral process”. NIHR observed that the official media broadcast a television interview with a number of candidates. In addition, a local newspaper published advertisements for candidates on the electoral silence day. These acts expressly violate the provisions of the aforementioned Article. 25. Before and during the electoral process, NIHR observed security events in which the private property of some of the candidates was destroyed or burnt while their headquarters and electrical advertisements were attacked. NIHR believes that these acts are inconsistent with the values and principles of democracy and target public and private property. NIHR confirms that such acts would undermine security and stability, terrorize innocent citizens and residents, threaten security and civil peace, and violate human rights and fundamental freedoms in a manner that impedes enjoyment of these rights and freedoms. 89 The Constitutional Court’s decision on the Royal referral No. (a. H. M/2/2014) of the 12th Judicial Year rendered on July 9, 2014, published in the Official Gazette in its issue 3165 on July 17, 2014. 76

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