Expatriates in Bahrain could face new restrictions when applying for driving licences under two proposals set to be debated in Parliament.
The government has urged MPs to reconsider – warning that the measures could breach a fundamental constitutional right.
The draft amendment seeks to add a new article to the Traffic Law, allowing executive regulations to impose additional controls and conditions on non‑Bahrainis seeking driving licences – beyond those already in force. It adds that the granting of licences could be determined in accordance with the applicant’s demonstrated needs.
A second proposal would link the validity of a driving licence to the duration of an individual’s residency permit.
The bills, originally submitted by MPs, were endorsed by Parliament’s foreign affairs, defence and national security committee.
Committee chairman MP Hassan Bukhammas defended the proposals, saying they were intended to address worsening traffic congestion across the country.
“Traffic congestion has become a daily burden on citizens and residents alike,” he said. “The number of expatriates has exceeded that of citizens in recent years, and the demand for vehicle ownership has grown beyond the capacity of our road infrastructure. This proposal gives the government regulatory tools to better manage that situation.”
However, the proposals have drawn unusually strong objections from the government as well as key legal and human rights bodies.
In a detailed memorandum, the government argued that the amendment is unnecessary because Article 19(3) of the existing law already authorises executive regulations to set additional licensing conditions.
“The regulation included in the draft law undermines a fundamental right guaranteed by the Constitution, namely freedom of movement, and may conflict with international conventions to which Bahrain is a party,” the memorandum stated.
According to the government, delegating absolute authority to executive regulations to determine whether a foreigner can obtain a driving licence – without the law itself setting clear principles – effectively turns freedom of movement for expatriates from a right into a conditional privilege.
It added that for the second proposal, implementation was difficult since residency permits vary in start and end times from one expatriate individual to another.
The Interior Ministry echoed this position, stating that the ‘essence of the right is inviolable’ and that the proposed amendments would not, in practice, resolve traffic congestion.
The Justice, Islamic Affairs and Endowments Ministry also formally backed the government’s legal view.
Meanwhile, the National Institution for Human Rights raised concerns that the draft could infringe Article 12 of the International Covenant on Civil and Political Rights, which guarantees freedom of movement.
Despite this, the committee unanimously recommended approval of the proposals.
“We are not talking about denying anyone the right to move,” Mr Bukhammas said.
“We are talking about regulating a growing problem that affects everyone’s quality of life. The executive regulations will ensure fairness while addressing congestion in a practical way.
“Also, any computerised system could be adjusted to terminate the licence whenever residency is not renewed.”
According to the Labour Market Regulatory Authority, 64,854 expatriates are currently registered under vocational permits, compared with 562,927 registered under the sponsorship system.
The debate on Tuesday is expected to be heated, with MPs weighing traffic management concerns against constitutional rights and international obligations.
mohammed@gdnmedia.bh
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