Justice: A package of regulatory amendments to strengthen the independence of the National Institution for Human Rights
The Ministry of Justice stated that the legislative amendment published in the official gazette, “Kuwait Today,” regarding the law governing the National Council for Human Rights, includes a package of regulatory amendments aimed at strengthening the independence of the national institution for human rights and developing its legal framework to align with international best practices and the Paris Principles relating to the status of national institutions for the promotion and protection of human rights.
In a press statement issued yesterday, the ministry clarified that the law replaced the name “National Council for Human Rights” with “National Authority for Human Rights,” and amended the terminology used in the law to correspond with the nature and competencies of the national institution, reflecting its institutional role in protecting and promoting human rights.
The ministry noted that the law affirmed the authority’s independence, stipulating that it is an independent public body with legal personality, exercising its competencies independently and impartially. It explicitly emphasized that attaching the authority to the Minister of Justice does not empower him to direct its operations or intervene in its activities or competencies, thereby reinforcing the legal guarantees of its independence.
Furthermore, the amendments provided for the restructuring of the authority’s board of directors to consist of five full-time members, including a chairman and a deputy chairman, selected from national figures known for their competence, integrity, and commitment to human rights. Representatives from various government entities would participate in an advisory capacity without voting rights. The law also regulated the conditions and terms of membership, stipulating that appointments are made by Amir’s decree for a four-year term, renewable once, based on nominations by the Minister of Justice according to specific controls and criteria.
The ministry explained that the law established legal protection for board members and employees of the authority regarding acts performed within the scope of their competencies and official duties. It also obligated government and non-governmental entities to cooperate with the authority and enable it to obtain the data, information, and documents necessary for fulfilling its tasks, while regulating the mechanism for addressing cases of unjustified refusal or non-cooperation.
The ministry stated that the law included the reorganization of the authority’s standing committees to enhance their specialization in various fields of human rights. It also approved financial guarantees ensuring the authority’s ability to exercise its competencies by allocating a supplementary budget within the state’s general budget, along with a mechanism to resolve any disputes concerning its financial estimates, thereby balancing the authority’s independence with the requirements of the general financial system.
The ministry pointed out that these amendments are based on the Paris Principles, adopted by the United Nations General Assembly under Resolution 48/134 of 1993, which serve as the international reference for national institutions for human rights. This reinforces Kuwait’s commitment to continuing the development of its national human rights system in accordance with international standards and consolidating the protection of rights and freedoms.
