Declarations and Reservations
(Unless otherwise indicated, the declarations and reservations were made
upon ratification, accession or succession.)
Bahrain 73

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.