Move to Bar Legal Challenges to Nationality Rulings

“Nationality matters are not punishments in the legal sense. They are sovereign decisions taken by the state based on higher considerations.” - Nawaf Al Maawda, Minister of Justice, Islamic Affairs and Waqf

MPs approved a decree-law classifying nationality decisions as sovereign acts, effectively placing them beyond judicial review.

Decree-Law No. 13 of 2024 amends Article 7 of the Judicial Authority Law so that nationality matters fall outside the courts’ jurisdiction. It also repeals provisions of the 1963 Bahraini Nationality Law that previously allowed related legal challenges.

Justice, Islamic Affairs and Waqf Minister Nawaf Al Maawda told lawmakers the legislation was introduced in a specific 2024 context and its discussion at this stage completed the legal process.

He said nationality decisions were sovereign in nature and linked to national security and higher state interests, stressing they were administrative decisions rather than legal penalties.

“Nationality matters are not punishments in the legal sense,” he said, adding that many countries allow governments discretion over granting or withdrawing citizenship.

During the debate, some MPs backed the move, describing nationality as a matter of loyalty and national belonging, particularly concerning security.

MP Mohammed Al Ma’arfi said nationality was a sensitive sovereign issue directly tied to state stability and security, noting that existing law already provides grounds for revocation in cases involving threats to national security.

The approval marks a shift reinforcing executive authority over nationality decisions, offering no judicial avenue for challenge under the amended framework.