Bahrain

Reservation:

The Kingdom of Bahrain does not consider itself bound by the provisions of article 23, paragraph 1, of the Convention.

Reservation:

"The Kingdom of Bahrain does not consider itself bound by article 66, pararaph 2 of the Convention."

Declarations:

1. Arbitration according to the procedures adopted by the Conference of States Parties is the only binding procedure for the Government of the Kingdom of Bahrain regarding resolving any dispute on the interpretation or implementation of the Convention.
2. Any amendment to the Convention annexes A, B and C will not be binding to the Kingdom of Bahrain unless it is ratified according to the constitutional rules.

Reservation:

“... the Kingdom of Bahrain does not consider itself bound by paragraph 2 of article 20 of the Protocol against the Smuggling of Migrants by Land, Sea and Air.”

Reservation:

“... the Kingdom of Bahrain does not consider itself bound by paragraph 2 of article 15 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children.”

Reservation:

“... the Kingdom of Bahrain does not consider itself bound by paragraph 2 of article 35 of the Convention.”

Declaration:

With reference to Article (3), Paragraph (2) of the Optional Protocol to the Convention on the Rights of the Child concerning the involvement of children in armed conflict, the Kingdom of Bahrain hereby declares that the minimum age for voluntary recruitment to Bahrain Defence force is 18 years.

Reservation:

The Kingdom of Bahrain does not consider itself bound by paragraph 1 of Article 24 of the Convention.
Declaration:

The following Conventions shall be deemed not to be included in the annex referred to in Article 2, paragraph 1, subparagraph (a), since Bahrain is not a party thereto:
1. Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on 14 December 1973.
2. International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on 17 December 1979.
3. Convention on the Physical Protection of Nuclear Material, signed at Vienna on 3 March 1980.
4. Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on 10 March 1988.
5. Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on 10 March 1988.
6. International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997.

Reservation:

The Kingdom of Bahrain does not consider itself bound by Paragraph 1 of Article 20 of the Convention.

Reservation:

The State of Bahrain, by the ratification of this Convention, does not consider itself bound by paragraph (2) of article 32 in connection with the obligation to refer the settlement of the dispute relating to the interpretation or application of this Convention to the International Court of Justice.
Declaration:

...

Declaration:

[See under chapter XXVII.2.]

Reservations

...
2. The State of Bahrain does not consider itself bound by paragraph 1 of article 30 of the Convention.

1 June 2016

Reservation:

Having examined the Decree Law Number 5 for the year 2002, issued by His Majesty the King of the Kingdom of Bahrain, on 18 Dhul Hijjah 1422 H, corresponding to 2 March 2002, regarding the accession to the Convention on the Elimination of All Forms of Discrimination against Women, and Article Two of this Decree which stipulates that the Kingdom of Bahrain makes reservations with respect to the following provisions of the Convention:
- Article 2 to ensure that its implementation within the bound of the provisions of the Islamic Shariah.
- Article 9 paragraph 2.
- Article 15 paragraph 4.
- Article 16 in so far as it is incompatible with the Islamic Shariah.
- Article 29 paragraph 1.
And on the basis of the Decree Law Number 70 for the year 2014, issued by His Majesty the King of the Kingdom of Bahrain, on 4 Safar 1436 H, corresponding to 26 November 2014, amending some provisions of the Decree Law Number 5 for the year 2002, regarding the accession to the Convention on the Elimination of All Forms of Discrimination Against Women, which was approved by both the Council of Representatives on 27 Jumaadal Akhara, 1437 H. corresponding to 5 April 2016, and the Shura Council on 17 Rajab 1437 H, corresponding to 24 April 2016.
The Government of the Kingdom of Bahrain hereby declares:
- The Kingdom of Bahrain continues to make reservations with respect to para. 2 of Article 9 and para. 1 of Article 29 of the Convention on the Elimination of All Forms of Discrimination against Women. These Reservations are combined in Article One of the Decree Law Number 70 for the year 2014 which stipulates that “Article Two of the Decree Law Number 5 for the year 2002 regarding the accession to the Convention on the Elimination ofAll Forms of Discrimination against Women, be replaced with the following text:
Article Two:
The Kingdom of Bahrain makes reservation with respect to paragraphs 2 of Article 9, and 1 of Article 29 of the Convention on the Elimination of All Forms of Discrimination against Women”,
- The Kingdom of Bahrain continues to make reservations with respect to Article 2 and Article 16 of the Convention on the Elimination of All Forms of Discrimination against Women in a new formulation. The new formula of the reservation states that the implementation of these articles will be “without breaching the provisions of the Islamic Shariah”.
- The Kingdom of Bahrain continues to make reservation with respect to para. 4 of Article 15 of the Convention on the Elimination of All Forms of Discrimination against Women in a new formulation which narrows the scope of this reservation. The new formula of the reservation states that the implementation of para. 4 of Artic1e 15 will be “without breaching the provisions of the Islamic Shariah”.
- Combining the reservations with respect to Article 2, para. 4 of Article 15, and Article 16 in Article Two of the Decree Law Number 70 for the year 20 14, under a new and one formula of Reservation. The new formula states that the implementation of these Articles will be “without breaching the provisions of the Islamic Shariah”, whereas Article Two of the Decree Law Number 70 for the 2014, stipulates that “a new Article is added to the Decree Law Number 5 for the year 2002 regarding the accession of the Convention on the Elimination of All Forms of Discrimination against Women under number two bis, the text of which is as follows:
Article Two bis:
The Kingdom of Bahrain is committed to implement the provisions of Articles 2, 15 paragraph 4 and 16 of the Convention on the Elimination of All Forms of Discrimination against Women without breaching the provisions of the Islamic Shariah”.
***
The Government of Bahrain indicated that the modifications do not imply an expansion of the scope of the original reservations and that they constitute editorial amendments that do not place any limitations on Bahrain’s commitments made upon accession to the Convention.

Reservation:

With regard to article 48, paragraph 2:
[See chapter VI.16 for the text of the reservation.]
Declaration:

[See chapter VI.16 for the text of the declaration and the objection thereto.]

Reservation:

With regard to article 31, paragraph 2:

"The State of Bahrain does not recognise the compulsory jurisdiction of the International Court of Justice."
Declaration:

...

Reservation :

"1. The Government of the Kingdom of Bahrain interprets the Provisions of Article 3, (18) and (23) as not affecting in any way the prescriptions of the Islamic Shariah.
2. The Government of the Kingdom of Bahrain interprets the provisions of Article (9), Paragraph (5) as not detracting from its right to layout the basis and rules of obtaining the compensation mentioned in this Paragraph.
3. The Government of the Kingdom of Bahrain interprets Article (14) Paragraph (7) as no obligation arise from it further those set out in Article (10) of the Criminal Law of Bahrain which provides:
‘Legal Proceedings cannot be instated against a person who has been acquitted by Foreign Courts from offenses of which he is accused or a final judgement has been delivered against him and the said person fulfilled the punishment or the punishment has been abolished by prescription.' "

Declaration

The obligation of the Kingdom of Bahrain to implement article 8, paragraph 1 (d), of the Covenant shall not prejudice its right to prohibit strikes at essential utilities.

Reservations:

"With reference to article 22 of the Convention, the Government of the State of Bahrain declares that, for the submission of any dispute in terms of this article to the jurisdiction of the International Court of Justice, the express consent of all the parties to the dispute is required in each case.
..."

"1. With respect to paragraph 3 of article 27, relating to the `Diplomatic Bag', the Government of the State of Bahrain reserves its right to open the diplomatic bag if there are serious grounds for presuming that it contains articles the import or export of which is prohibited by law.

Declarations :

"1. ...
"2. In accordance with article 1 (3) of the Convention, the State of Bahrain will apply the Convention, on the basis of reci- procity, to the recognition and enforcement of only those awards made in the territory of another Contracting State party to the Convention.
"3. In accordance with article 1 (3) of the Convention, the State of Bahrain will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the State of Bahrain."

[See in chapter XVIII.2.]

Reservation:

"With reference to article IX of the Convention the Government of the State of Bahrain declares that, for the submission of any dispute in terms of this article to the jurisdiction of the International Court of Justice, the express consent of all the parties to the dispute is required in each case."