National Legislation
ANer the uprising in 2011, several
Acts (e) Law No. 21 of 2014 amending the
amendments to key legisla.ve texts
Bahraini Na.onality Law of 1963 and (f)
regarding Bahrain’s na.onality laws have
Decree No. 16 of 2019 on amending Bahraini
been passed. The most recent of these
Na.onality Law.
amendments is Decree No. 16 of 2019 on
amending Bahraini Na.onality Law of 1963'9,
Historically, the power to revoke na.onality
which represents the current legisla.ve
had been concentrated with the King, the
framework on ci.zenship revoca.on.
Cabinet – specifically ini.ated by the Minister
Accordingly, all power to revoke na.onality
of Interior – and the judiciary. The legal
currently sits with the Minister of Interior
developments and transfers of power that
(subject to Cabinet approval), who has wide
have taken place to reach the current status
discre.on to act, and is not subject to any
quo, with all revoca.on power being
judicial oversight. Over the years, there have
concentrated with the Minister, reflect and
been key changes to na.onality revoca.on
mirror poli.cal developments. Many of these
powers, since the first na.onality legisla.on
changes were brought about to retroac.vely
passed in 1963. They are, chronologically, as
provide a veneer of lawfulness to clearly
follows: (a) the Bahraini Na.onality Law of
unlawful decisions, which did not follow the
1963; (b) the Bahraini Cons.tu.on of 197310
exis.ng laws.
(c) the Bahraini Cons.tu.on of 200211 (d)
developments are analysed below, with the
Decree No. 20 of 2013, amending Law No. 58
poli.cal climate taken into account.
The stages of these legal
of 2006 on Protec.ng Society from Terrorist
According to Ar:cle 17(a) of the 2002
Bahrain’s 2002 cons:tu:on:
Bahraini Cons:tu:on:
9
See Decree No. 16 of 2019 on amending Bahraini Na.onality Law of 1963, available in the original Arabic at: <htps://
www.legalaffairs.gov.bh/AdvancedSearchDetails.aspx?id=15018>
10
See Bahrain’s 1973 Cons.tu.on, available in English at: <htps://www.servat.unibe.ch/icl/ba01000_.html>
11
See Bahrain’s 2002 Cons.tu.on, available in English at: <htps://www.wipo.int/edocs/lexdocs/laws/en/bh/
bh020en.pdf>
17 | Arbitrary Revoca.on of Na.onality in Bahrain - a Tool of Oppression
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