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A decree-law that explicitly classifies nationality matters as acts of sovereignty, placing them outside the jurisdiction of the courts, will be debated and voted on by MPs.
The legislation amends Article (7) of the Judicial Authority Law to state that disputes related to nationality cannot be challenged before the judiciary. It also repeals Article (11 bis) of the Bahraini Nationality Law of 1963.
Parliament’s legislative and legal affairs committee has unanimously recommended approval after nine meetings and consultations with the Supreme Judicial Council, the Interior Ministry, and Justice, Islamic Affairs and Endowments Ministry and the Bahrain Bar Society.
Committee chairman MP Mahmood Fardan said the amendment closes a legislative gap and clarifies a principle long recognised in practice.
“Nationality is directly linked to the entity of the state and the composition of its people, which is one of the pillars of sovereignty,” he said.
“The decree-law makes explicit what judicial practice and comparative jurisprudence have consistently affirmed – that nationality issues fall within the sphere of sovereign acts.”
Authorities told the committee that proven violations of nationality provisions required urgent action that could not wait for the ordinary legislative cycle. The explanatory memorandum argued that protecting Bahrain’s supreme national interests required granting the state broader discretionary power in nationality matters.
Importantly, the committee was told the amendment does not remove judicial oversight from routine administrative issues. Matters such as issuing, renewing or replacing passports, name changes, or administrative delays remain subject to court review – provided there is no dispute over the person’s nationality itself.
Officials also clarified that a passport is a travel document and not, in itself, proof of nationality.
Mr Fardan said the distinction was essential.
“The law draws a clear line between sovereign decisions on granting, revoking, restoring or withdrawing nationality, and ordinary administrative procedures that remain open to litigation,” he noted.
The committee concluded that the decree-law aligns with the Constitution and with approaches taken across GCC states, where nationality is widely treated as a sovereign prerogative.
If approved, the amendment will remain in force as issued, having already taken effect the day after its publication in the Official Gazette.
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