Lack of Independence from the Executive

Independence from the executive is essential for the successful operation of a NHRI. Alkarama therefore welcomes the ratification, by the National Assembly, of Law No. 26 of 2014, which amended the NIHR status by bringing it in greater conformity with the Paris Principles. Alkarama regrets, however, that the appointment of NIHR members, as well as the termination of membership, is still made through royal decrees, which does not guarantee the NIHR's full independence vis-à-vis the executive, as required by the Paris Principles.

Lack of Transparency

According to the Paris Principles, a National Human Rights Institution (NHRI) must be financially independent from the public powers. If Article 2 of Law No. 26 of 2014 establishes that the Bahraini NHRI is "financially and administratively independent," it must be noted that the NIHR does not disclose any information regarding its financial support or its spending, despite the fact that the guidelines developed by the UN Office of the High Commissioner for Human Rights (OHCHR) establish that "financial probity should be ensured by regular public financial reporting and a regular (preferably annual) independent audit." Besides this lack of transparency regarding its funds, local sources suggest that the NIHR is solely funded by the king, which would severely compromise its independence.

In accordance with its mandate, the NIHR inspected several detention centres in Bahrain, including the Dry Dock prison, where torture is systematically practiced. While Alkarama welcomes the institution's efforts in addressing human rights violations in detention facilities, it regrets that none of the reports elaborated after the inspection of these places were made public. In order to demonstrate accountability and independence, the NIHR should operate with greater transparency regarding its actions.

Lack of Effectiveness

While the NIHR is entitled to recommend amendments to existing and enacting legislation in order to bring it in compliance with international human rights standards, Alkarama notes with concern that the NIHR remained silent while several legal amendments that violate fundamental rights were approved. Indeed, the NIHR did not denounce, for example, the amendment of the Penal Code allowing for seven years in prison for "offending the King," a provision that severely threats freedom of expression.

The NIHR is also competent to receive individual complaints regarding human rights violations. However, despite the fact that the institution affirms that it dealt with 118 complaints in 2013, it does not clarify what the results of these complaints were or if there was any follow-up on them. Furthermore, while submitting a complaint on behalf of Ahmad Sayed Hussein Sharaf Ali Mohamad to the NIHR, Alkarama encountered several difficulties. The form provided for the submission of a complaint is formatted in a complicated way, demanding advanced computer skills from the person who fills it and the number for fax submissions in the website is incorrect. It is also worrying that one month after submitting the complaint, Alkarama did not receive any response from the NIHR.

In view of these observations, Alkarama suggested that the Sub-Committee on Accreditation (SCA) grants the NIHR of Bahrain "B" status, due to its lack of compliance with the Paris Principles. The organisation also recommended that the NIHR:

1. Demand the amendment of the current legislation on the appointment of the NIHR members to ensure that its active members are in no way directly tied to the executive;
2. Publicly report on its funding, budget and spending in a transparent manner;
3. Take a public stand on the perpetration of the most serious human rights violations, address existing and draft legislation that facilitate their abuse and publish thematic reports respectively;
4. Facilitate the complaint mechanism to make it more accessible to the population.

For more information or an interview, please contact the media team at This email address is being protected from spambots. You need JavaScript enabled to view it. (Dir: +41 22 734 1008).