Dr. Noora M. AlShamlan
Assistant Professor of Criminal Law
& Criminal Procedure
College of Law, University of Bahrain

Abstract:

Bahrain is not a signatory to the 1951 Refugee Convention and 1967 Protocol, nor does it have a national law on refugees or asylum seekers. Regardless of the absence of a specific law solely dedicated to protecting refugees, there is a type of protection found in the constitution and several articles in various laws. Moreover, the protection can be seen through the well-established policies taken by the government. But the question remains, is this protection sufficient to protect refugees? Consequently, does the absence of a local law on refugees have a significant impact on the Kingdom of Bahrain?
To answer these questions, this study adopts the analytical approach which depends on studying the Bahraini efforts and initiatives in-depth not limited to legislative attempting to understand the reality of refugee protection from criminal law perspective in Bahrain in light of its international, constitutional, and legal obligations. The study aims to show that the impact of strengthening the legal and humanitarian protection for refugees does not affect the national security of the host country as much as it enhances it.
This study will inspect the nature of the protection provided to the refugees under the Bahraini policy and system based on the human security concept, thus explaining the obligations imposed on the Kingdom as part of the international community in protecting refugees and asylum seekers, and then the national legal framework followed in this regard in Bahrain.
The author will explain and analyse the protection system of refugees and asylum seekers provided for in Bahrain, focusing on criminal liability in case of violating refugees’ rights, and explain the efforts that the Kingdom has taken in this field, and try to address the obstacles.
Thus, this study is considered a pioneer as it is the first in jurisprudence that evaluated the Kingdom of Bahrain in the field of refugees; It is a starting point for in-depth studies in this field for subsequent studies in the region. This study concluded by identifying the shortcomings and a set of recommendations, most prominently: There is partial protection for refugees, yet, it is insufficient and uncomprehensive. Consequently, the study suggests that Bahrain accede to the Refugees Convention and promulgate a law that guarantees protection for refugees; principally from criminal accountability, by first considering the state’s interest in line with its role in the international system.
This study will be divided into two parts: the first one is dedicated to discussing the refugees’ legal status in Bahrain, and the second part is devoted to discussing refugees in Bahrain in relation to legal regulation and reality from criminal law.

Keywords: refugee, criminal Law, human rights, xenophobia, and hate crime.

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