NEWS
In An Analytical Study Published by The Journal of Kuwait International Law School An Academic at UoB Recommends the Kingdom’s Accession to the Convention Relating to the Status of Refugees
Sakhir – University of Bahrain (Yasmeen Khalaf)
22 August 2023
A research study conducted by Assistant Professor of Criminal Law at the College of Law at the University of Bahrain (UoB), Dr. Nora Mohammed Al-Shamlan, recommended that the Kingdom of Bahrain accede to the 1951 Convention relating to the Status of Refugees, and the issuance of a law that guarantees their protection by focusing on criminal responsibility in the event of violation of their rights, provided that care and attention is given to the interest of the state, in line with its role in the international system, pointing out that refugee protection in the Kingdom is partial and not comprehensive.
The study – which evaluates the Kingdom of Bahrain’s efforts in the field of refugee protection – was published in the Journal of Kuwait International Law School (Issue 41), under the title: “The Criminal Aspect of the Refugee Protection System in the Kingdom of Bahrain.”.
The research study discussed two aspects, first: the legal status of refugees in the Kingdom of Bahrain, and second: the legal and factual organization of refugees in the Kingdom from the perspective of criminal law. The study adopted an analytical approach that relies on addressing Bahraini efforts and initiatives in depth, that is not limited to legislation only, in an attempt to understand the reality of refugee protection from the perspective of criminal law in Bahrain, in light of the Kingdom’s international, constitutional and legal obligations.
In addition, the study clarified that strengthening legal and humanitarian protection for refugees does not negatively affect the national security of the host country as much as it enhances it. The study examined the nature of protection provided to refugees under the Bahraini policy and regime based on the concept of human security. It also clarified the kingdom’s obligations; as part of the international community regarding the protection of refugees and asylum seekers, then stated the national legal framework followed in the Kingdom.
In her study, Dr. Al-Shamlan explained the protection system for refugees and asylum-seekers in Bahrain, focusing on criminal responsibility in the event of a violation of the rights of refugees, and explaining the efforts made by the authorities in this field.
Although Bahrain is not a signatory to the 1951 Refugee Convention and the 1967 Protocol and does not have a national law regarding refugees or asylum seekers, there is a kind of protection stipulated in the constitution and in many legal articles, in addition to the protection being evident through the well-established policies of the government.
