and remain the only mechanism to grant nationality to children of Bahraini mothers married to
non-Bahraini fathers. Most recently, on Jan 2014, the cabinet approved a proposed law to pass
the citizenship of Bahraini mothers to their children under certain conditions. The proposal was
forwarded to the council of representatives for discussion and approval. Despite this, several
months passed since it was referred to the council and it has not yet been approved.
Arbitrary deprivation of nationality
18. Bahrain’s constitution states, in Article 7, that Bahraini nationals cannot be stripped of their
nationality ‘except in case of treason, and such other cases as prescribed by law.’23 The legislation
of Bahrain does not ensure the right of every child to acquire a nationality and it does not contain
sufficient safeguards to prevent statelessness of children. Moreover, much of Bahraini policy is
dictated by royal decrees in addition to legislation, and courts in Bahrain have previously ruled
that they have no jurisdiction over decisions on nationality.
19. In 2013 and 2014, the King of Bahrain expanded the grounds for deprivation of Bahraini
citizenship. First, in July 2013, the King issued a decree24 implementing 22 recommendations
proposed by the Shura Council, the royally-appointed upper house of parliament, to augment the
2006 Law of Protecting Society from Terrorist Acts.25 Among other things, the decree enabled
Bahraini courts to revoke the citizenship of any citizen convicted of a terrorist offense. Because
the 2006 anti-terror law uses a broad and ambiguous definition of “terrorist acts and incitements
to such acts” that includes freedoms of expression, assembly, and association, the courts have
utilised their increased authority to deprive the nationality of activists and human rights
defenders alongside alleged violent extremists. For example, in February 2015, the government
released a list of the names of 72 persons whose citizenship it had revoked; as many as 50 of these
individuals were human rights defenders, political activists, journalists, academics or
religious scholars, while 20 were linked to extremist groups like Al Qaeda and Daesh (also known
as the Islamic State of Iraq and Syria, the Islamic State of Iraq and the Levant, the Islamic State,
etc.).26
20. In 2014, the government promulgated Law 21 of 2014, amending certain provisions of the 1963
Citizenship Law to empower the Ministry of Interior (MOI) to revoke citizenship by administrative
order. Article 8 now provides that “Bahraini citizenship may be revoked, upon request from the
Interior Minister and approval of the cabinet, from any naturalised person” who has, among other
things, been “found guilty of a crime connected with honour and integrity” within ten years of
receiving it.27 Furthermore, Article 10 enables the MOI to issue revocation orders for any citizen
who: (1) serves in a foreign army, (2) helps to or serves a hostile country, and (3) causes harm to
the interests of the kingdom.28 Like the anti-terror legislation, these vague provisions give the
23
Constitution of the Kingdom of Bahrain, 14 February 2002, http://www.wipo.int/wipolex/en/details.jsp?id=7264
Decree on 31 July 2013 available on the State News Agency at: http://www.bna.bh/portal/news/573609
25
2006 Act available at: http://www.legalaffairs.gov.bh/LegislationSearchDetails.aspx?id=2125
26
These figures are derived from a database maintained by ADHRB and its partners. For further analysis:
http://birdbh.org/2016/02/revoked-citizenship/
27
“HM the King ratifies law amending some provisions of the Citizenship Law,” Bahrain News Agency
28
Bahraini Citizenship Act (last amended 1981) [Bahrain], 16 September 1963, available at:
http://www.refworld.org/docid/3fb9f34f4.html
24