The High Coordinating Committee
for Human Rights in Bahrain (HCC)
With the continuing ascendancy of the Human rights and its widespread
impact on the international relations arena, it has become necessary
for states to exert greater efforts to improve their human rights
affairs, in accordance with the principles and criteria agreed upon
by the international community, and later included in agreements,
treaties and protocols that are binding to all parties signatories
to them.
By virtue of their memberships in international conventions,
treaties and protocols, states automatically become subject to the
international mechanisms designed to ensure their fulfilment of
their obligations. This compels the states concerned to establish
national mechanisms, capable of cooperating and interacting with
international human rights mechanisms, as well as meeting their
respective state’s obligations in connection with the submission
of periodic reports and follow up the implementation of all the
recommendations issued by international human rights mechanisms.
It is obvious that each state has the right to choose the national
mechanism it deems convenient for interacting and dealing with the
various human rights mechanisms and bodies established under UN
treaties.
According to UN literature, there are four types of national
mechanisms: The first, ad hoc, is created for a limited purpose,
such as the preparation of a report or for follow-up and is then
disbanded. The second, ministerial, is based in a particular ministry,
which is often the Ministry of Foreign Affairs or the Ministry of
Human Rights; the third is the Joint mechanism (or Inter-ministerial
mechanism) between a number of the state’s ministries and departments
and the fourth is the ‘institutionally and administratively separate
mechanism’.
The Kingdom of Bahrain has initially adopted the ‘joint mechanism’,
before creating the Ministry of Human Rights in 2011 and consequently
adopting a national ‘ministerial mechanism’. However, in August
2012 Bahrain opted to go back to the ‘joint mechanism’ and its Prime
Minister issued a decision to establish the High Coordinating Committee
(HCC) for Human Rights, which was later restructured in May 2014,
to include representatives of relevant ministries and government
departments.
There is no doubt that the national mechanism’s functions primarily
require a high degree of coordination with the relevant state ministries
and entities, such as the statistics department, the legislature
(parliament), the judiciary, and others. The national mechanism
is also required to discharge its functions in consultation with
the national human rights bodies and civil society institutions.
It is also clear that the national mechanism acquires its effectiveness
based on the extent of the powers granted to it, and the degree
of high level official recognition of the importance of its role.
Added to that, national mechanism staff needs to have the necessary
competences and expertise which could be accumulated through continuity.
Effectiveness of the National Mechanism
According to international experts, there are four key capacities
that a national mechanism should have, if it is to become effective:
1- Engagement: This is the capacity
to engage and liaise with international, regional and national human
rights bodies, in terms of the ability to maintain interactive dialogues
or to organize and facilitate the preparation of reports to international
and regional human rights mechanisms, and to respond to communications
and follow-up questions and recommendations/decisions that may be
received later from such mechanisms;
2- Coordination Capacity: refers to
its capacity and authority to organize and coordinate information
gathering and data collection from government organs, ministries,
institutions and other entities, for the purpose of reporting and
following up the progress of implementation of recommendations.
Of course, this coordination process gains greater momentum when
it receives ministerial support, whether it comes through the executive
committee of the mechanism, or through the direct involvement of
the ministers or undersecretaries (e.g. in the mechanism’s meetings);
3- Consultation Capacity: refers to
its capacity to foster and lead consultations with the country’s
national human rights organisations and civil society institutions,
in a manner that provides an opportunity to openly discuss draft
reports required by international and regional human rights bodies
(such as the Universal Periodic Review reports), and in a manner
that allows for the involvement of those rights holders that are
most affected, including disadvantaged groups, which will assist
the government in preparing strong, accurate and comprehensive reports.
This, in turn, will greatly enhance the state’s transparency and
accountability;
4- Information management: This refers
to the capacity to track the issuance of recommendations and decisions
by the international and regional human rights mechanisms; to systematically
sort and tabulate these recommendations and decisions in a user-friendly
format; to identify responsible government ministries and/or agencies
for their implementation and to develop follow-up plans, including
timelines, with the relevant ministries and/or agencies to implement
these recommendations and to provide the necessary information required
for preparing the requested periodic reports.
Bahrain has chosen a national mechanism based on the joint coordination
system between the ministries and government departments under the
name: High Coordinating Committee for Human Rights (HCC). This requires
the presence of the representatives of these ministries at the same
table, which facilitates the process of dialogue and exchange of
views to reach a common vision and specific decisions on the issues
at hand.
However, the success and effectiveness of the HCC remains dependent
on the availability of indispensable elements:
• HCC’s members should be equipped with complete know-how on
the rules of work in the international human rights field; and to
be cognizant, at least generally, with the nature of human rights
discourse, as well as being able to identify the key human rights
players in the international scene, including organizations, states
and UN institutions and specialized agencies. They should also be
cognizant of local human rights entities from among the civil society
institutions.
Members should also have a general knowledge of international
human rights law and the impacts of human rights on international
relations; and should acquaint themselves, as much as possible,
with the international conventions, treaties and protocols, as well
as the mechanisms and international bodies overseeing their implementation
and compliance status. Moreover, members should be familiar with
the provisions of these conventions, treaties and mechanisms and
their significance to Bahrain, as well as Bahrain’s obligations
towards them and the potential negative effects in case of failure
or laxity in fulfilling those obligations.
• There is a crucial need to accumulate experience and expertise,
and this requires an element of continuity; in the sense that the
Committee’s member representing the ministry or department, should
be stable and not be substituted by another person except under
force majeure.
• A committee member should be vested with sufficient powers
from the ministry or agency he represents in decision-making, without
needing to refer back to it for every single detail. Since this
Committee has been described as a ‘high’ committee in the decree
which created it, international authorities expect it to have a
representation at the level of ministers, undersecretaries or directors
, who have the powers to take final decisions, concerning the aspects
relevant to their ministries or departments, with respect to the
implementation of the specific commitments imposed by the requirements
to respond to the recommendations of international or regional human
rights mechanisms.
• It would be commendable if each member of the HCC could establish
a special human rights unit within the ministry or department he
represents, to primarily undertake the completion of reporting the
aspects related to the ministry, in the context of preparing the
periodic review reports required by international human rights mechanisms;
as well as undertaking the task of implementing the resulting recommendations.
These specialized human rights units within the ministries and departments
could become a source of human rights enlightenment among the staff
of the ministry or department concerned, in a manner that allows
the human rights culture and literature, to gradually seep into
the veins of the State’s apparatus.
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