Zeineb Alsabeehg
2019, the Bahraini Citizenship Act was amended in order to include a provision about the
possibility to revoke citizenship based on the mentioned Terrorism Law.16 However, the 2019
amendment removed the courts’ ability to sentence subjects to revocation of citizenship. With
the added paragraph 10 (d) to the Citizenship Act, it is now the executive authority – the Cabinet
after the proposal of the Minister of Interior – who decides on withdrawal of citizenship based
on terrorism-related charges.17
Another provision which has been used extensively to legalise citizenship revocations,
is article 10 (c). It states one of several causes that lead to withdrawal of citizenship of a person.
Before the amendment in 2014, this read as following “If he causes harm to the security of the
State.” After the amendment, this was reformulated to “If he causes harm to the interests of the
Kingdom or acts contrary to the duty of loyalty to it.”18 From then, not only what was counted
as “security issues” could result in denaturalisation, but anything which the authorities regarded
as against their interests or an act of disloyalty. As the examination in chapter 3.2.1 will show,
this has been widely understood and practiced by the authorities to revoke citizenship of
political opponents.
Moreover, the amendment in 2014 reformulated how acquisition of foreign citizenship
could lead to loss of Bahraini citizenship. Before, this had to be a result of an order issued by
the king. In the 2014 amendment, this was put more widely, in which dual citizens who acquired
foreign citizenship without prior permission from the Minister of Interior, risked
denaturalisation. However, it was clarified that one group was exempted: dual citizens of
Bahrain and another Gulf state, although these citizens also had to get prior permission from
the Interior Minister. If not, they will risk an expensive fine. Furthermore, in 2014, paragraph
9 (2) was removed; it stated that if a person has lost his citizenship by virtue of article 9, which
were in cases of dual citizenship or voluntarily renunciation of citizenship, his children under
the age of 18 will also loose citizenship.19 With this, Bahrain almost put an end to loss of
citizenship for persons whose parents lose citizenship, except in one situation that is stated by
law and that is for naturalised persons whose parents have acquired citizenship by fraud.
Notwithstanding, generally all children who are born to men who have been denaturalised
before the time of their birth, are no longer qualified to acquire Bahraini citizenship by descent.
The article in the Bahraini Citizenship Act that is specifically about withdrawal of
citizenship of naturalised persons, was also amended in 2014.20 Two new reasons to withdraw
Bahraini citizenship acquired by naturalisation, were added to the provision. These are in case
a person retrieves his original citizenship or renounces his permanent residence permit in
Bahrain for five consecutive years, in both cases without obtaining the prior permission of the
Minister of Interior. The amendment, however, stated that these two cases did not apply to
naturalised citizens whose original citizenship is from another Gulf state.21 The two other
reasons for loss of citizenship of naturalised persons are 1) conviction of a crime connected
with honour and honesty and 2) fraudulent acquisition.
Lastly, there has been a shift in terms of who is named as responsible to take decisions
on deprival of citizenship. When the 1963 law was issued, it stood in the relevant provisions
that it had to be “by the order of His Majesty the Governor”, i.e the Al-Khalifa ruler who today
16
Decree Law No (16) of 2019 Amending Bahraini Citizenship Act of 1963.
Bahrain Mirror, ‘2019 Roundup: Citizenship Restored to Hundreds of Bahrainis, Legal Amendments
Withdraw from Judiciary Power to Revoke Citizenship’, 20 January 2020,
http://www.bahrainmirror.com/en/news/57000.html (accessed 1 January 2021).
18
Decree Law No (21) of 2014 Amending Bahraini Citizenship Act of 1963.
19
Decree Law No (21) of 2014 Amending Bahraini Citizenship Act of 1963.
20
Bahraini Citizenship Act 1963, Art. 8.
21
Decree Law No (21) of 2014 Amending Bahraini Citizenship Act of 1963.
17
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RSCAS/GLOBALCIT-CR 2021/6- © 2021 Author(s)