Bahrain king ratified, issued law on the establishment of the NIHR

His Majesty King Hamad bin Isa Al Khalifa today ratified and issued Law 26 for this year on the establishment of the National Institution for Human Rights (NIHR).
The law stipulates that the NIHR, to be based in Manama, shall be an independent entity in charge of consolidating, developing and protecting human rights, instilling their values, raising awareness on them and contributig to ensuring their exercise.
It shall have its own legal juristic personality, be independent financially and administratively and exercise its duties freely, impartially and in full independence.
The NIHR will have a Board of Commissioners comprising 11 members, including the Chairman and Deputy Chairman, from advisory and academic institutions, NGOs, trade unions and social, economic and professional organisations. Women and minorities shall be represented appropriately.
Members shall be Bahrainis aged at least 30, who are experts in human rights issues, have a good reputation and have not been convicted in crimes involving moral turpitude or dishonesty.
They shall be appointed as per a Royal Order for renewable four-year terms, after consultations with the relevant sides. They will exercise their duties as individuals.
The Board of Commissioners shall hold its first meeting under the chairmanship of its oldest member until a Chairman and a Deputy Chairman are elected by the majority of those present. In case of parity, a draw will made between the candidates. If there are two candidates only, they will be elected un-opposed.
The Board will convene once every three months, at least, at the request of its Chairman who may also call for an extraordinary meeting at any time, at the request of the majority.
The meetings shall not be valid unless the majority of members, including necessarily the Chairman of Deputy Chairman, is present. Resolutions are issued by the majority of votes, and the meeting’s chair’s vote will be decisive in case of a tie.
The panel may invite to its meetings any persons it deems necessary to its discussions, without granting them the right to vote.
It shall form permanent, or temporary sub-committees, under the chairmanship of its members. They shall convene once a month, at least.
The panel shall put forward its executive statute on its meetings’ regulations, duties and committees. The by-law will be issued by the chairman upon approval of the majority of members.
Members of the Board of Commissioners will not be questioned on the opinions they make regarding the issues that fall within the competence of the NIHR. An NIHR member will be quizzed upon approval from the Chairman and in the presence of a member of the Board of Commissioners.
The NIHR’s headquarters cannot be inspected without a court order and the presence of the Public Prosecution’s representative. The Chairman shall be informed and a delegate shall attend the inspection.
All other procedures will be considered null and void.
Membership at the Board of Commissioners may be terminated in cases of death, disability or resignation. The membership of any member who violates the provisions of this law, works against the goals of NIHR or missed five meetings without an acceptable reason may also be terminated as per a Royal Order at the request of a two-third majority.
In case of vacancy, a new member will be appointed to complete the outgoing member’s term.
The remuneration of the Chairman and Deputy Chairman shall determined as per a Royal Order.
The NIHR shall participate in developing a national plan to consolidate and protect human rights across the kingdom, study national laws and legislation and propose amendments in order to adapt them to international human rights laws and conventions ratified by Bahrain and submit shadow reports and contribute to writing the kingdom’s periodic reports in implementation of regional and international conventions.
It shall also monitor human rights violations, make the necessary inquiries and propose ways to address them, receive complaints and refer them to relevant sides, inspect reformation and detention centres as well as labour camps to make sure that no human rights violations are taking place and cooperate with the concerned sides on promoting the human rights culture and respect of them.
The NIHR may cooperate with regional and international organisations interested in protecting and consolidating human rights, host seminars and educational sessions and conduct studies on human rights, participate in regional and international human rights gatherings and issue its own publications, data and reports.
HM the King or any other constitutional branch may refer to the NIHR issues to study and make opinion on them.
The NIHR may ask for any data or documents it deems necessary for its work from ministries and state bodies and it may notify the relevant sides in case they fail to cooperate.
The Secretary-General of the NIHR shall be appointed by the Chairman upon approval of the majority of members for a renewable four-year term.
The Secretary-General shall attend the meetings of the Board of Commissioners, without being able to vote, and prepare periodic report every three months.
The NIHR Chairman shall issue an edict on NIHR’s statute upon approval of the majority of voters.
Members of the Board of Commissioners and the Secretariat-General shall not divulge secrets or information they have received only based on a ruling issued by the Public Prosecution or the a court. The ban shall be remain valid all along their service and after the termination of their membership.
The NIHR shall have enough financial resources from funds allocated in the State Budget, and unconditioned donations. It shall mange those resources independently, and its accounts will be audited by the National Audit Office.
The Board of Commissioners shall submit a yearly report to HM the King, the Cabinet, the Representatives and Shura Councils on the activities of the NIHR in Bahrain and make recommendations on ways to remove obstacles, if any. The reports will have to be made public.
Royal Orders 46 of 2009 and 28 of 2012 shall be cancelled.