Bahrain - A decree-law classifying all nationality matters as ‘acts of sovereignty’ and placing them beyond the jurisdiction of the courts was unanimously approved by the Shura Council during its final session of the term yesterday.

The Decree-Law No 13 of 2024 amends Article Seven of the Judicial Authority Law.

The council’s legislative and legal affairs committee chairwoman Dalal Al Zayed said the decree establishes a decisive legal principle.

“Nationality issues relate directly to the core of state sovereignty and national security. The decree confirms that such matters are exercised by the government as a ruling authority, not an administrative body, and therefore fall outside the courts’ jurisdiction,” she said.

According to the committee report, the decree-law was issued on August 27, 2024 under Article 38 of the Constitution during the parliamentary recess and was later presented to the legislature within the required time frame. It also repeals Article 11 (bis) of the 1963 Nationality Law, which had required the Interior Ministry to be a party in nationality-related court cases.

Ms Al Zayed described this repeal as a ‘necessary legal consequence’ of recognising nationality matters as sovereign acts.

The committee report stressed that ‘nationality matters’ include all provisions of the nationality law – whether original or acquired – covering granting, withdrawal, revocation and restoration of nationality. It also cited a 2020 ruling by the Constitutional Court affirming that courts may not interfere in political acts entrusted to other authorities.

Committee rapporteur Sabeeka Al Fadhala told the chamber the amendment ‘establishes a firm legal principle confirming the sovereign nature of nationality matters and their exclusion from judicial jurisdiction, reinforcing the executive authority’s competence in this sensitive domain.’ 

Second vice-chairwoman Dr Jihad Al Fadhel said that although the decree-law was issued in 2024, “before recent regional developments exposed hidden threats,” it provides a realistic legal framework to safeguard Bahrain’s sovereignty, unity and security.

“Nationality is considered a red line in many countries, including the GCC states,” she said. “Approving this decree-law is an approval to protect national sovereignty.”

Shura’s financial and economic affairs committee chairman Khalid Al Maskati described nationality as ‘one of the most sovereignty-linked issues’ defining rights, duties, loyalty and belonging.

“Regulating nationality, whether granting or withdrawing it, is not a traditional administrative matter but one directly tied to protecting the state’s entity, national security and social stability,” he said, noting that similar approaches exist across GCC legislation.

Youth affairs committee chairman Redha Monfaradi said the decree-law ‘confirms a reality that needs no interpretation – that nationality is a sovereign decision entrusted to the state to protect the social fabric and national interests’.

Shura member Hala Fayez said the amendment provides ‘legislative clarity’ by recognising that nationality is ‘a legal and sovereign bond directly linked to the state’s entity and supreme interests’, while maintaining respect for judicial independence within its constitutional scope.

Member Ali Al Aradi said the decree reinforces the executive authority’s original competence in nationality matters as an essential aspect of sovereignty and national security.

Legislative and legal affairs committee vice-chairman Dr Shaikh Adel Al Maawda noted that the amendment brings Bahrain’s law in line with similar provisions across GCC states and many other countries, where courts do not review nationality decisions as they are considered sovereign acts.

Justice, Islamic Affairs and Endowments Minister Nawaf Al Maawda was present at the session.

The decree-law was also approved by MPs during April 28’s parliamentary session.

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