16 Jan 2012 National commision
H.E. Ali bin Saleh Al Saleh, Chairman of the National Commission charged with the recommendations cited in the Bahrain Independent Commission of Inquiry (BICI) emphasized in a press conference held today (Sunday) that the Commission, since its first meeting on the 8th of last December, stressed a number of basic fundamentals. It exercises its mandate to follow up the recommendations cited in the BICI report in compliance with Royal Order No. 45 for 2011 which limits the functions of the Commission to the review of the recommendations cited in this report, and to develop relevant proposals and prepare a recommendation for necessary amendments of laws and procedures, as well as on how those recommendations are implemented. This gives the National Commission a specific mandate which it must adhere to, and not exceed in the follow up and verification of implementation.
H.E. Chairman of the National Commission stressed the Commission’s assiduity, in line with these basic fundamentals, to ensure that its output is to the best international standards and practices, and with transparency allowing everyone to recognize what the achievements of the Commission over its term. The Commission also verifies that the government has fully implemented the BICI recommendations. This is done through ongoing constant communication with the government commission concerned with the implementation of the recommendations of the report, to ensure prompt implementation without delay.
His Excellency also clarified that one of the most important fundamentals of the operation of the Commission is to ensure that the proposals issued by the Commission to implement the BICI recommendations act as a safety pin to prevent recurrence of the events in the Kingdom.
He pointed out at the opening of the press conference that the formation of the National Commission is in itself a step which reflects the seriousness and commitment of the Kingdom towards the implementation of the BICI report recommendations issued on 23 November 2011. The Royal Order to establish the National Commission was issued a few days after that report in compliance with Paragraph 1715 thereof. It is totally independent in its decisions which are made with the consensus of its 19 members.
He added “To achieve the objectives of the Commission as defined in the Royal Order, the Commission saw it fit to form three core teams, namely the Legal Team, the Legislative Team, and the National Reconciliation Team. Each team prepares proposals as it deems appropriate to fully implement all the recommendations - each where concerned. This mechanism has proven its viability in terms of promptness and accuracy, and we expect it will allow the Commission to complete its work within the specified tem by the end of February 2012”.
“With the lapse of half the time period allowed for the Commission, we would like to brief you on the Commission’s achievements to ensure the implementation of the BICI recommendations, which the Kingdom of Bahrain has actually commenced taking major step to implement them. We can say that they have encompassed many aspects of these recommendations, and this makes the percentage completed more than the percentage outstanding. The implementation process must be allowed sufficient time to ensure accuracy, particularly where legislative and legal aspects are concerned”.
H.E. Chairman of the National Commission clarified several aspects of the activities of the Commission as follows:
1. To implement the Commission’s vision embodied in the necessary implementation of the recommendation related to the more stressing issues, such as Recommendation No. 1723 concerned with the terminated private and public sector employees and students, and the reconstruction of religious installations, the Chairman of the Commission was assigned to follow up the implementation of this recommendation directly with the government and the entities concerned, namely Ministry of Labor and Civil Service Bureau. Actual steps were taken to implement this recommendation which are apt to finally close the file of the terminated employees by the end of the current month, while the government works on the gradual reconstruction of religious installations.
2. Ongoing written correspondence was adopted in communicating with the government to inform the government of all proposals prepared by the Commission, and to request providing the Commission with action taken or to be taken in the future to implement those recommendations. The Commission has received favorable responses to many proposals, and it was provided with a detailed schedule showing all the steps taken or in the process of being taken.
3. In the Commission’s discussion of Recommendations 1716, 1717 and 1722(B), questions were raised as follows:
• On Recommendation 1716 on the legal interpretation of this Recommendation, what is intended by the independent and neutral mechanism for the accountability of government officials who committed illegal acts, or by their negligence caused death or torture of civilians; and what is intended by leadership positions, civilian or military, and the international criteria for leadership accountability.
• The Commission enquired about Recommendation 1717 on the applications of the inspector general model in a number of countries for guidance.
• On Recommendation 1722(B), a number of questions were raised on what is intended by the permanent independent commission of inquiry as described in the recommendation.
The Commission met with the prominent international legal experts assigned to formulate a method to determine how an independent mechanism can be developed, and the commencement of implementation of procedures to ensure independence and neutrality as stated in the recommendation. The team will also help clarify and determine relevant legal criteria to evaluate accountability issues, including the guidelines for the implementation of international standards on top leadership accountability in Bahrain. The Commission is awaiting replies to these queries.
4. The Commission lauds steps taken to implement Recommendation 1722, Items (J) and (K), on compensation to families of deceased victims, and the compensation of victims of torture, abuse and solitary confinement, with the issue of Royal Decree No. 30 for 2011 to establish the National Compensation and Redress Fund. The Commission hopes that the issue of the Decree will determine the mechanism for the Fund’s operation as quickly as possible in accordance with best international practices.
In closing, H.E. Chairman of the National Commission said that the responsibility of the Commission in the follow up of BICI recommendations requires the cooperation of all entities concerned to ensure the achievement of the noble objectives of the initiative of His Majesty to form an international fact finding commission, allowing the Kingdom to proceed firmly on the path of reform, and a society enjoying the sustainable stability to which we all aspire.
The Commission had called for a press conference to overview its achievements over the period since its establishment, in accordance with Royal Decree No. 45 for 2011, which provided in its Article 4 that “the Commission shall complete its mandate before the end of February in an environment of transparency, and to publish a list of its accomplishments over that period”.
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National Commission