Legislation and Legal Opinion Commission - Legislations within the reform project frame

Legislations within the reform project frame

The Kingdom of Bahrain has witnessed significant political and legal development since the referendum on the National Action Charter, which was overwhelmingly approved by the people, reflecting a consensus among both the government and citizens on its content. There is a strong desire to achieve a stable and prosperous future for the country. This has led to a substantial political and legal renaissance, activated by the principles outlined in the Charter. The amended Constitution was issued in 2002, along with numerous laws enacted by His Majesty the King- may God protect him - aimed either at reorganizing existing topics in line with the Constitution, new political prospect, and contemporary global developments and requirements, or at addressing issues necessitated by modern progress that require the establishment of regulatory frameworks. The Legal Affairs Directorate played a crucial role in preparing and drafting these laws, acting as the competent legal authority in accordance with Article (104/c) of the Constitution and Law No. (60) of 2006, which reorganized the Legal Affairs Directorate, succeeding the Legislative Decree No. (11) of 1972 that established and organized it. This law stipulated that the Directorate should be an independent body, not subordinate to any ministry. Article two generally assigned the Legal Affairs Directorate the tasks of legal advisory, representing the state in judicial matters, and preparing and drafting legislation, as well as reviewing contracts and international agreements.

In the Field of Personal Rights and Equality:

From the standpoint of emphasizing personal freedoms, equality among citizens, justice, and equal opportunities, the following legislations have been issued:

Legislative Decree No. (34) of 1999 amending some provisions of Legislative Decree No. (4) of 1998, acceding to the Convention against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment, adopted by the General Assembly of the United Nations on 10 December 1984.

Law No. (7) of 2006 rectifying the Arab Charter on Human Rights.

Law No. (56) of 2006 approving the accession of the Kingdom of Bahrain to the International Covenant on Civil and Political Rights.

Law No. (10) of 2007 approving the accession of the Government of the Kingdom of Bahrain to the International Covenant on Economic, Social, and Cultural Rights.

Law No. (1) of 2008 concerning the Combat of Human Trafficking

In the Field of Freedom of Belief, Expression, and Publication:

Freedom of belief is guaranteed, and every citizen has the right to express their opinion in any manner. Additionally, freedom of publication, press, and printing is guaranteed within the limits defined by the law. Accordingly, the following legislations have been issued:

Legislative Decree No. (47) of 2002 with respect to Regulating Press, Printing and Publications.

Law No. (26) of 2005 regarding Political Associations

Legislative Decree No. (32) of 2006 Amending some Provisions of Legislative Decree No. (18) of 1973 regarding Gatherings, Marches and rallies

In the Field of Civil Society Activity:

The Kingdom of Bahrain guarantees the freedom to form associations and unions based on national principles and for legitimate purposes, using peaceful means in accordance with the conditions and regulations specified by law. Accordingly, the following legislation has been issued:

Legislative Decree No. (33) of 2002 promulgating the Workers Trade Union Law, as amended by Law No. (49) of 2006.

Legislative Decree No. (44) of 2002 amending some provisions of the Law on Associations, Social and Cultural Clubs, and Private Bodies Operating in the Field of Youth, Sports and Private Institutions promulgated by Legislative Decree No. (21) of 1989.

Law No. (73) of 2006 amending some provisions of the Labour Law for the Private Sector promulgated by Law No. (23) of 1976.

In the Field of Family:

Believing that the family is the fundamental building block of society, the State preserves the integrity of the family and ensures the necessary social security for citizens in cases of old age, incapacity to work, orphanhood, widowhood, and unemployment. This is in addition to supporting women's rights. Accordingly, the following legislations have been issued:

Legislative Decree No. (12) of 2001 approving the accession of the Kingdom of Bahrain to the International Labour Organization Convention No. (182) of 1999 regarding the prohibition and Actions to Eliminate of Worst Forms of Child Labour and Immediate

Legislative Decree No. (8) of 2000 ratifying the amendment of paragraph (2) of Article (43) of the United Nations Convention on the Rights of the Child adopted by the General Assembly in November 1989.

Legislative Decree No. (22) of 2000 regarding Family Custody.

Legislative Decree No. (5) of 2002 approving the accession to the Convention on the Elimination of All Forms of Discrimination Against Women.

Legislative Decree No. (24) of 2002 regarding the ratification of the Convention establishing the Arab Women Organization.

Law No. (11) of 2004 regarding Premarital medical examination of both genders.

Law No. (19) of 2004 approving the accession of the Kingdom of Bahrain to the two Optional Protocols on the Involvement of Children in Armed Conflict, the Sale of Children, Child Prostitution and Child Pornography Annexed to the United Nations Convention on the Rights of the Child.

Law No. (31) of 2005 regarding Social Insurance for Bahraini Workers Abroad and their Equivalents.

Law No. (34) of 2005 establishing the Alimony Fund.

Law No. (18) of 2006 regarding Social Security.

Law No. (28) of 2006 regarding the Reserve for Future Generations.

Law No. (74) of 2006 regarding the Care, Rehabilitation, and Employment of Disabled Persons

Law No. (5) of 2007 regarding Combating Begging and Vagrancy.

In the field of work and training:

The Constitution guarantees the right to work for citizens and makes it a duty for all. The state is committed to providing job opportunities for citizens, ensuring fair terms and supporting citizens with training that will provide them with renewed experiences in the labor market. Based on this, the following legislations have been issued:

Legislative Decree No. (2) of 1999, Legislative Decree No. (8) of 2002, Legislative Decree No. (43) of 2002, and Law No. (30) of 2005, amending some provisions of the Labour Law in the Private Sector promulgated by Legislative Decree No. (23) of 1976.

Legislative Decree No. (39) of 1999, Legislative Decree No. (77) of 2006, amending some provisions of the Attorney Law promulgated by Legislative Decree No. (26) of 1980.

Legislative Decree No. (78) of 2006 with respect to Insurance Against Unemployment.

The Civil Service Law promulgated by Legislative Decree No. (35) of 2006.

Law No. (19) of 2006 regarding the Regulation of the Labor Market.

Law No. (57) of 2006 establishing the Labor Fund.

Law No. (17) of 2007 regarding Vocational Training.

Law No. (3) of 2008 regarding the General Organization for Social Insurance.

In the field of education, culture, and sciences:

There is no doubt that education is a form of the right to thought and its freedom. Education is compulsory and free in its initial stages according to the law, and the state guarantees and nurtures it, and encourages scientific research. It also ensures educational and cultural services for citizens. Accordingly, the following have been issued:

Legislative Decree No. (9) of 2001 regarding State Awards.

Law No. (3) of 2005 regarding Higher Education.

Law No. (27) of 2005 regarding Education.

In the field of the rule of law and judicial independence:

The rule of law is the foundation of governance in the state, and the independence and immunity of the judiciary are fundamental guarantees for the protection of rights and freedoms. This has been reflected in the following legislations:

The Judicial Authority Law promulgated by Legislative Decree No. (42) of 2002, as amended by Law No. (50) of 2006.

The Criminal Procedure Law promulgated by Legislative Decree No. (46) of 2002, as amended by Law No. (41) of 2005.

Legislative Decree No. (27) of 2002 regarding the establishment of the Constitutional Court.

Law No. (13) of 2005 amending certain provisions of the Evidence Law in Civil and Commercial Matters issued by Legislative Decree No. (14) of 1996.

Law No. (40) of 2005 concerning the amendment of certain provisions of the Procedures Law before Shari'a Courts issued by Legislative Decree No. (26) of 1986.1986.

Law No. (14) of 2005 approving the accession to the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents.

Law No. (52) of 2006 regarding the Publication of Administrative Regulations.

Law No. (60) of 2006 concerning the reorganization of the Legal Affairs Department.

Law No. (51) amending Article (8) of the 2006 of the Procedures Law before Shari'a Courts issued by Legislative Decree No. (26) of 1986.

In the field of oversight and transparency:

To activate public participation in public affairs and enhance transparency in the operations of all state administrations, the following legislations have been issued:

Law of the Financial Audit Bureau issued by Legislative Law No. (16) of 2002.

Legislative Decree No. (36) of 2002 regarding the Regulation of Government Tenders and Purchases, as amended by Law No. (1) of 2007.

In the economic field:

During the reign of His Majesty the King - may God protect him - the Kingdom of Bahrain has witnessed an economic openness based on the freedom of capital in investment and support for and emphasis on the role of the private sector in developing resources, revitalizing economic activity, and modernizing economic legislations. This includes:

Legislative Decree No. (28) of 1999 regarding the Establishment and Organization of Industrial Areas.

Commercial Companies Law promulgated by Legislative Decree No. (21) of 2001.

Legislative Decree No. (2) of 2001 regarding the Ownership of Real Estate and Land by non-Bahrainis

Legislative Decree No. (5) of 2001 amending clause (2) of Article (1) of the Civil Aviation Law promulgated by Legislative Decree No. (6) of 1995.

Legislative Decree No. (28) of 2002 regarding electronic transactions, as amended by Law No. (13) of 2006.

Legislative Decree No. (39) of 2002 regarding the General Budget, as amended by Law No. (3) of 2007.

Legislative Decree No. (41) of 2002 regarding Privatization Policies and Regulations.

Telecommunications Law promulgated by Legislative Decree No. (48) of 2002.

Law No. (23) of 2006 regarding Financial Trusts.

The General Organization of Seaports Law promulgated by Law No. (61) of 2006.

Law No. (62) of 2006 establishing and organizing the Bahrain for Conferences and Exhibitions Authority.

The Central Bank of Bahrain and Financial Institutions Law promulgated by Law No. (64) of 2006.

In the field of private property:

The Constitution of the Kingdom of Bahrain emphasizes the protection of private property, guaranteeing every individual the freedom to manage their possessions within the limits of the law. Consequently, the following legislations have been issued:

Civil Law promulgated by Legislative Decree No. (19) of 2001.

Legislative Decree No. (19) of 2002 regarding the Disposal of Lands Owned by the State as Private Property.

In the field of intellectual property:

The Kingdom of Bahrain is working on enacting laws to protect intellectual property rights, aiming to safeguard the financial and moral rights of rights holders and innovators. It also seeks to promote creative work and implement its outcomes. The legislations issued by the Kingdom of Bahrain in the field of intellectual property protection are as follows:

Law No. (7) of 2003 on Trade Secrets, as amended by Law No. (35) of 2005 and No. Law (12) of 2006.

Law No. (1) of 2004 regarding patents and utility models, as amended by Law No. (14) of 2006.

Law No. (13) of 2004 approving the accession of the Kingdom of Bahrain to the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of Trademark Registration.

Law No. (14) of 2004 approving the accession of the Kingdom of Bahrain to the WIPO Copyright Treaty, and Law No. (15) of 2004 regarding performances and sound recordings.

Law No. (16) of 2004 regarding the protection of geographical indications, amended by Law No. (16) of 2006.

Law No. (12) of 2005 approving the accession of the Kingdom of Bahrain to the International Convention for the Protection of New Varieties of Plants.

Law No. (18) of 2005 Approving the Accession of the Kingdom of Bahrain to the Madrid Protocol concerning the International Registration of Marks.

Law No. (19) of 2005 Approving the Accession of the Kingdom of Bahrain to the Patent Law Treaty and its Executive Regulation.

Law No. (44) of 2005 Approving the Accession of the Kingdom of Bahrain to the Patent Cooperation Treaty (PCT) and its Executive Regulation.

Law No. (5) of 2006 regarding Integrated Circuit Designs.

Law No. (6) of 2006 regarding Industrial Designs and Models.

Law No. (11) of 2006 regarding Trademarks.

Law No. (15) of 2006 regarding the Manufacture and Trade of Optical Discs.

Law No. (22) of 2006 regarding the Protection of Copyright and Related Rights, as amended by Law No. (12) of 2008.

In the field of environment and wildlife:

The Kingdom of Bahrain seeks to optimally utilize natural resources and develop the environment in a way that does not harm citizens' health, while taking into account global trends in preventing and addressing major environmental problems. This is achieved by taking all appropriate legislative measures and procedures, including:

Legislative Decree No. 20 of 2002 on the Regulation of Fishing, Exploitation and Protection of Marine Wealth.

Legislative Decree No. 40 of 2002 regarding the ratification to the Agreement establishing the Regional Commission for Fisheries.

Law No. 32 of 2005 approving the accession of the Kingdom of Bahrain to the International Convention for the Prevention of Pollution from Ships of 1973 and its protocols.

Law No. 20 of 2006 on the Protection of Beaches, Coasts and Seaports.

Law No. 33 of 2006 on Sewage Disposal and Surface Water Drainage.

In the field of national security:

National security is considered the shield and impregnable fortress for protecting the country and preserving its territorial integrity and economic, social, and political gains. From this perspective, His Majesty the King – may God protect him – has been keen to enhance this principle through the issuance of the following laws:

Legislative Decree No. (11) of 2001 repealing the Legislative Decree on State Security Measures.

Decree No. (4) of 2001 regarding the Lifting of the Jurisdiction of the Special Court to Consider Crimes Affecting External and Internal State Security.

Legislative Decree No. (10) of 2001 Granting a General Amnesty for Crimes Affecting National Security.

Legislative Decree No. (56) of 2002 interpreting some provisions of Legislative Decree No. (10) of 2001 Granting a General Amnesty for Crimes Affecting National Security.

Legislative Decree No. (17) of 2002 regarding the System of Governorates.

Legislative Decree No. (4) of 2001 concerning the Prohibition and Combating of Money Laundering, as amended by Law No. (54) of 2006.

Law No. (23) of 2001 and Law No. (6) of 2008 amending some provisions of Legislative Decree No. (19) of 1976 regarding Medals.

The Bahrain Defense Force Law promulgated by Legislative Decree No. (32) of 2002.

The Military Penal Code issued by Legislative Decree No. (34) of 2002.

Law No. (15) of 2005 approving the accession of the Kingdom of Bahrain to the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation and the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf.

Law No. (16) of 2005 approving accession to the International Convention Against the Taking of Hostages.

Law No. (8) of 2005 ratifying the amendment to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal of 1989.

Law No. (24) of 2006 regarding Private Security and Guard Companies.

Law No. (58) of 2006 regarding the protection of society from terrorist acts.

Law No. (15) of 2007 concerning Narcotic Drugs and Psychotropic Substances.

Law No. (17) of 2008 approving the accession of the Kingdom of Bahrain to the amended Arab Cooperation Agreement for the Use of Nuclear Energy for Peaceful Purposes.

In the field of parliamentary life:

In order to enhance democratic practice and increase popular participation in public affairs, inspired by the principle of consultation, the following legislations were issued:

Legislative Decree No. (3) of 2002 concerning the election system for municipal council members, as amended by Legislative Decree No. (6) of 2002 and Law No. (37) of 2006.

Legislative Decree No. (14) of 2002 regarding the exercise of political rights, as amended by Legislative Decree No. (35) of 2002.

Legislative Decree No. (15) of 2002 concerning the Shura and Representatives Councils, as amended by Law No. (30) of 2006.

Legislative Decree No. (54) of 2002 regarding the internal regulation of the Council of Representatives.

Legislative Decree No. (55) of 2002 regarding the internal regulation of the Shura Council, as amended by Law No. (9) of 2006.

The Municipalities Law promulgated by Legislative Decree No. (35) of 2001, as amended by Law No. (38) of 2006.

In the field of Gulf relations:

The Kingdom of Bahrain believes in the unity of purpose, destiny, and common interests of the peoples of the Gulf Cooperation Council for the Arab States (GCC) member states. It strives to support the Council and adopts many unified systems for the GCC countries, as follows:

Legislative Decree No. (40) of 1999 regarding the Ownership of Real Estate and Land by Citizens of the Gulf Cooperation Council for the Arab States in Bahrain.

Legislative Decree No. (10) of 2002 approving the Unified Regulation "Law" of Customs for the Gulf Cooperation Council for the Arab States.

Legislative Decree No. (7) of 2002 approving the Unified Economic Agreement Among the Gulf Cooperation Council for the Arab States.

Law No. (12) of 2004 on the approval of the Patent System for the Gulf Cooperation Council for the Arab States.

Law No. (3) of 2004 ratifying the decision of the Supreme Council of the Gulf Cooperation Council for the Arab States regarding the Exemption of Industrial Establishments from Taxes (Customs) Imposed on Industrial Inputs.

Law No. (33) of 2005 on the approval of the Founding Charter of the Gulf Cooperation Council for the Arab States Standardization Organization.

Law No. (81) of 2006 on the approval of the Unified Industrial Organization Law (Regulation) for the Gulf Cooperation Council for the Arab States.

Law No. (68) of 2006 on the Approval of the Unified Regulation for Extending Insurance Protection to Citizens of the Gulf Cooperation Council for the Arab States Working in Other than Their Home Countries in Any Member State of the Council.

Law No. (4) of 2006 on the Approval of the Unified Law (Regulation) for Combating Dumping, Countervailing and Safeguard Measures for the Gulf Cooperation Council for the Arab States.

Law No. (1) of 2006 on the Approval of the Establishment of the Customs Union of the Gulf Cooperation Council for the Arab States.

In the field of foreign relations:

The Kingdom of Bahrain, under the reign of His Majesty the King – may God protect him – has witnessed a significant openness in its international relations. It has ratified numerous international agreements and treaties, including:

Legislative Decree No. (17) of 1999 approving accession to the International Labour Convention No. 159 of 1983 concerning Vocational Rehabilitation and Employment (Disabled Persons).

Legislative Decree No. (13) of 2001 acceding to the Convention establishing a Customs Co-operation Council (World Customs Organization).

Law No. (29) of 2005 ratifying the Agreement on the Establishment of a Free Trade Area between the Cooperation Council for the Arab States of the Gulf and the Republic of Lebanon.

Law No. (1) of 2005 approving the accession of the Kingdom of Bahrain to the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations.

Law No. (13) of 2008 ratifying the International Convention against Doping in Sport.