Geneva – The directives issued by the King of Bahrain, Hamad bin Isa Al Khalifa, instructing executive authorities to take comprehensive and decisive measures, including the potential withdrawal of citizenship, signal a dangerous shift toward subjecting the right to nationality to vague political and security considerations.
These directives open the door to the arbitrary or punitive use of such measures, transforming citizenship from a fundamental legal bond into a tool of punishment and exclusion, with the potential to strip individuals of their legal status, deprive them of a wide range of fundamental rights, and expose them to the risk of statelessness.
Euro-Med Human Rights Monitor has closely followed with concern the directives issued by the King, as published by the official Bahrain News Agency (BNA), particularly those ordering the immediate initiation of measures against those "who have allowed themselves to betray the homeland or undermine its security and stability."
Reviewing citizenship status or using the right to nationality as a punitive tool based on vague, unregulated accusations such as "betraying the nation" or "undermining security" is not a legitimate sovereign measure. It constitutes an arbitrary deprivation of nationality
The use of such broad and vague terminology may grant security and executive agencies wide discretion to target political activists and peaceful dissidents, including through the arbitrary deprivation of citizenship as a tool of punishment and political retaliation.
The new directives represent a dangerous escalation within the already hardline security approach adopted by Bahraini authorities. This approach raises restrictions on rights and freedoms to the level of measures that directly affect individuals' legal status and their right to nationality. They come amid rising regional tensions linked to the war on Iran, alongside the imposition of arbitrary measures under the pretext of "protecting the home front," indicating a troubling pattern of exploiting regional crises to justify actions that undermine individuals' fundamental legal rights.
Additionally, the directives mark a more dangerous stage in consolidating the Bahraini authorities' strict security approach, giving it direct political momentum for further expansion and overreach. This trend was already evident in the wide-scale crackdown carried out in March, during which more than 200 people were arrested, including women and minors, for expressing their views on the war in Iran. The crackdown was also marked by the death of Bahraini citizen Sayed Mohammad Al-Mousawi in a detention facility under suspicious circumstances, suggesting exposure to brutal torture.
Reviewing citizenship status or using the right to nationality as a punitive tool based on vague, unregulated accusations such as "betraying the nation" or "undermining security" is not a legitimate sovereign measure. It constitutes an arbitrary deprivation of nationality, prohibited under international human rights law, particularly when applied in a discriminatory manner based on opinion or political affiliation.
This measure turns nationality into a tool of exclusion and political punishment, undermining the legal foundation of an individual's status and the rights and protections that derive from it.
Bahrain has a troubling record of stripping citizens of their nationality. Following the popular protests of 2011, authorities carried out systematic campaigns of withdrawing citizenship that peaked between 2012 and 2019, when approximately 990 citizens were deprived of their nationality, including political activists, dissidents, and human rights defenders.
Accordingly, the recent directives concerning "the review of entitlement to citizenship" cannot be viewed in isolation from this record. They raise serious concerns about the reactivation of the arbitrary deprivation of nationality as a tool of political retaliation, undermining individuals' legal foundations and turning nationality into a mechanism for exclusion and the deprivation of rights under broad security and political assessments.
Deprivation of nationality is among the most severe punitive measures, with far-reaching consequences, particularly when it lacks a clear and precise legal basis that makes its effects foreseeable, relies on vague standards that enable arbitrariness, or is applied in a manner that is unnecessary, disproportionate, or discriminatory. It affects not only an individual's legal status but may also deprive them of a wide range of rights and protections associated with nationality, including the right to remain in the country and not be expelled or denied re-entry. It also directly affects access to work, education, healthcare, and legal protection, and in some cases may result in statelessness, with serious consequences for the individual, their family, and their legal and social stability.
Such a measure may be resorted to only based on a clear, precise, and specific legal framework that meets the requirements of legality and legal certainty, serves a legitimate purpose, and complies with the principles of necessity and proportionality. It must also be subject to effective judicial review and must not be applied in a discriminatory manner.
International standards governing the right to nationality, foremost among them the prohibition of arbitrary deprivation of nationality, do not permit the use of this measure as a tool of political punishment or retaliation, nor do they allow reliance on vague or undefined accusations that lack precise definition and sufficient evidence. They also prohibit measures that result in statelessness or undermine an individual's right to remain in their country and enjoy its legal protection.
The right to nationality is a fundamental human right enshrined in Article 15 of the Universal Declaration of Human Rights, which guarantees everyone the right to a nationality and prohibits its arbitrary deprivation. Accordingly, arbitrary deprivation of nationality constitutes a violation of rights protected under international human rights law, including those guaranteed by the International Covenant on Civil and Political Rights, in particular the right not to be arbitrarily denied entry into one's own country. The Human Rights Committee has interpreted this right as reflecting the special relationship between an individual and their state, extending to the right to remain in the country and not be arbitrarily expelled.
Bahraini authorities must cease punishing individuals, directly or indirectly, for their opinions or peaceful political positions. The default must be the protection of freedom of opinion and expression, not its restriction. Any limitation must be provided by a clear and precise law, pursue a legitimate aim, and be strictly necessary and proportionate in accordance with international standards.
Euro-Med Monitor calls for the immediate reversal of any measures that use nationality as a tool of punishment or political exclusion, and urges the authorities to refrain from invoking broadly-worded security justifications to legitimise the arbitrary deprivation of nationality or to undermine fundamental rights. The authorities must ensure non-discrimination, prevent statelessness, and guarantee effective judicial oversight over any related measures.
The United Nations and its relevant mechanisms, including the Special Procedures of the Human Rights Council, the Office of the High Commissioner for Human Rights, and treaty bodies, must closely and urgently follow developments in Bahrain, monitor any trend toward reactivating arbitrary deprivation of nationality or expanding repressive security measures, and engage directly with Bahraini authorities to end such practices and ensure compliance with international standards.
Euro-Med Monitor calls on relevant states and Bahrain's international partners to exert effective political and legal pressure to end any arbitrary use of nationality, and to link political, security, or technical cooperation with Bahraini authorities to respect for international obligations and to concrete steps taken to halt violations and ensure accountability.
Bahraini authorities must undertake a comprehensive review of the legislative framework governing nationality, with a view to repealing or amending provisions that allow for the withdrawal of citizenship on vague grounds or through broad discretionary powers. Euro-Med Monitor calls for the suspension of any ongoing or potential related measures until they are subjected to independent legal and judicial review, the restoration of nationality to all those arbitrarily deprived of it, and the provision of reparations for the harm caused.
An independent and transparent investigation must be launched into the recent arrest campaign and related violations, including the circumstances surrounding the death of Bahraini citizen Sayed Mohammad Al-Mousawi in detention, with a view to ensuring accountability for those responsible and securing the release of all detainees held for peacefully exercising their right to freedom of opinion and expression.
