Decree Amending the Human Rights Authority to Enhance Independence

Decree-Law No. 75 of 2026 amending certain provisions of Law No. 67 of 2015 concerning the National Council for Human Rights, which changes its name to the National Authority for Human Rights, was published in the Official Gazette (Kuwait Today). The authority is to be an independent body attached to the Minister of Justice, without the latter having any authority to direct or interfere in its operations.

The decree also stipulates that “members of the Board of Directors and employees of the authority shall not be held accountable for exercising their powers as prescribed by law, provided they comply with the requirements of their official duties.” Furthermore, the decree states that these amendments shall take effect from the date of their publication in the Official Gazette.

The explanatory memorandum for Decree-Law No. 75 of 2026 amending certain provisions of Law No. 67 of 2015 concerning the National Council for Human Rights states the following:

Law No. 67 of 2015 concerning the National Council for Human Rights was enacted in response to recommendations accepted by the State of Kuwait during its first Universal Periodic Review before the United Nations Human Rights Council in 2010, regarding the establishment of a national human rights institution, particularly in alignment with the Paris Principles adopted by United Nations General Assembly Resolution 48/134. The aim was to enhance and protect human rights in the State of Kuwait and to consolidate the role of an independent and effective institutional framework in this field.

Practical application of the law – despite the amendment of Article 4 thereof by Law No. 15 of 2018 – revealed the need to introduce several substantive amendments to its provisions. These amendments aim to align the law with internationally accepted models for national human rights institutions, strengthen its independence and capacity to perform its duties effectively, complete its regulatory frameworks and operational mechanisms, and address shortcomings identified through practical implementation.

This necessitated studying various viewpoints, considering appropriate factors, and examining comparative experiences to identify the most suitable approaches, which were then incorporated into the legal framework governing the authority’s operations. This ensures consistency with the State of Kuwait’s international obligations, without conflicting with constitutional controls governing the structure of public bodies and institutions, or with the substantive provisions regarding public rights and freedoms. At the same time, it enhances the position of the human rights authority within the national protection system and equips it with the necessary legal and structural tools to advance its role in entrenching human rights principles.

Given that the Emiri Order dated May 10, 2024, stipulated in Article 4 that laws shall be issued by decree-law, a draft of this decree-law was prepared, containing a set of amendments that can be summarized as follows:

Enhancing institutional and structural independence: To give the institution a clearer and more stable character, Article One of the draft provides for adopting the name “National Authority for Human Rights” instead of “National Council for Human Rights” in the title and text of the law. This naturally required replacing the abbreviation “the Council” accordingly.

Pursuant to Article Two of the draft, Article (2) of the Law was entirely redrafted to achieve the highest possible degree of consistency with the model adopted for independent national bodies with a consultative nature, as set forth in the Paris Principles, while simultaneously adhering to the text and spirit of the governing constitutional provisions, particularly Articles (2) and (133) of the Constitution, without compromising general legislative drafting standards. This necessitated stipulating that the National Body is an independent entity possessing legal personality, tasked with promoting and protecting human rights in accordance with the provisions of this Law. Specifically, the Body aims to disseminate a culture of human rights and consolidate its values, enhance respect for international human rights conventions ratified by the State of Kuwait, and protect the public rights and freedoms guaranteed by the Constitution. Consequently, the scope is confined to the category of public rights and freedoms recognized by the Constitution as a single, homogeneous unit, encompassing all their essential components, without the need to specify the provisions of Article Two of the Constitution to the exclusion of other relevant constitutional provisions, such as Articles (9), (10), and (35), for example.

Furthermore, the National Body was attached to the Minister of Justice, in accordance with the requirements of Article (133) of the Constitution, without granting the Minister any authority to direct or interfere in its operations. Thus, the approach of not designating a specific minister was abandoned, despite the flexibility it offers.

Regarding the reorganization of the Board of Directors, Article Two of the draft replaced the text of Article (3) to reconstitute the Board with five full-time members of competence, integrity, and expertise. This aims to strengthen the Board’s independent civil character and desired autonomy, ensure its composition aligns with relevant international standards, and simultaneously adhere to the government’s policy of rationalizing and streamlining councils, agencies, and committees. It was also emphasized that representation of government entities on the Board of Directors of the National Human Rights Body is limited to an “advisory capacity,” without any voting rights, thereby fostering cooperation, transparency, and balance in decision-making mechanisms.

Additionally, Article (4) of the Law, which governs the appointment of members of the National Body’s Board of Directors, was amended to refine the drafting of membership conditions with greater precision and flexibility. The appointment of Board members is now effected by an Emiri Decree issued upon the nomination of the Minister of Justice, for a term of four years, renewable once.

These amendments required a prior modification to the quorum necessary for the Board’s meetings, as stipulated in Article (8) of the Law, to align with the change in the Board’s composition to five members. Accordingly, Article One of the draft replaced the phrase “three of its members” with “five of its members” in the first paragraph of Article (8) of the aforementioned Law.

The explanatory memorandum noted that the Committee on the Rights of the Child and Women was established to replace the “Family Rights” Committee, recognizing the importance of dedicating a committee to two categories that receive special attention in international covenants and national reports.

Furthermore, the Committee on Combating Torture and Human Trafficking was separated from “Racial Discrimination” to prevent overlap, given that racial discrimination falls under the jurisdiction of the Committee on Civil and Political Rights.

With this amendment, the Committee on Combating Torture and Human Trafficking will be more focused on files with a homogeneous nature and better equipped to engage institutionally with international mechanisms concerned with combating torture and trafficking in persons.

The memorandum addressed the enhancement of the Authority’s financial guarantees. In the same vein, and considering the Authority’s nature and the financial empowerment required for it to perform its duties effectively, the draft amended Article 12 of the Law. It stipulated that the Authority shall have a supplementary budget included within the State’s general budget, adhering to the rules and procedures governing the preparation of the general budget. It further ensured that the entity responsible for preparing its budget draft and estimating its financial needs remains the most qualified to determine the resources necessary to achieve the objectives and mandates for which it was established.

The draft did not grant finality to any objections raised by the Ministry of Finance regarding these estimates. Instead, it mandated that if the Authority does not agree with such objections, the dispute shall be referred to the Council of Ministers to take appropriate measures. This ensures that the Authority’s estimates and financial needs remain initially under the purview of the competent authority, and that any disagreements are resolved within a higher institutional framework, preventing any single administrative body from having sole discretion. This approach balances the requirements of the institution’s necessary independence with the need for stability in the State’s public finances.

The decision, published in *Al-Kuwait Al-Youm* newspaper, specified the fees due for the sale of tender documents/practice documents provided by the Central Tenders Committee, based on four categories linked to the estimated value. The fees start at 10 dinars for an estimated value of less than 2,000 dinars, 20 dinars for an estimated value between 2,000 and 5,000 dinars, 30 dinars for an estimated value between 5,000 and 30,000 dinars, and reach 50 dinars for an estimated value ranging between 30,000 and 75,000 dinars.

The decision also set fees for appeal requests at 250 dinars for prequalification appeals and 125 dinars for appeals related to participation in limited practices. Appeal fees for practice procedures vary: 500 dinars for an estimated practice value between 5,000 and 30,000 dinars, and 1,000 dinars for an estimated practice value between 30,000 and 75,000 dinars.

Decree No. 113 of 2026 was published in the official *Al-Kuwait Al-Youm* newspaper, approving a memorandum of understanding between the Government of Kuwait, represented by the Ministry of Justice – the National Permanent Committee to Combat Human Trafficking and Smuggling of Migrants, and the Government of the United Arab Emirates, represented by the National Committee to Combat Human Trafficking, in the field of cooperation regarding the fight against human trafficking. The decree stipulates that it shall take effect from the date of its publication in the official gazette.

The Ministry of Media announced the re-tendering of the investment and operation of children’s games and other sites in the “Sea Day Village” within the Cultural Heritage area, under tender number A/77/2025-2026. The Ministry set Sunday, the 26th of the current month, as the date to begin selling documents via its website, with the final deadline for submitting bids set for August 13 next.

Decree No. 114 of 2026 was published in the official *Al-Kuwait Al-Youm* newspaper, approving a memorandum of understanding in the field of competition protection between the Government of the State of Kuwait and the Government of the State of Qatar. The decree stipulates that it shall take effect from the date of its publication in the official gazette.

The “Tenders” authority postponed its decision on the request to launch a tender for the consultancy study regarding the design and study of the land port, submitted by the Kuwait Ports Authority, until receipt of a subsequent letter from the entity detailing the amendments discussed. This postponement is within a maximum period of ten working days.

According to what was published by Al-Kuwait Al-Youm newspaper, the company’s founding contract stipulates compliance with the provisions of Companies Law No. 1 of 2016 and its executive regulations, as well as the provisions of Law No. 116 of 2013 concerning the encouragement of direct investment in Kuwait and its executive regulations. It also adheres to the rules, regulations, foundations, and standards issued by the Board of Directors of the Direct Investment Promotion Authority. The company enjoys legal personality from the date of its registration in the Commercial Register. The company may not commence its activities until it is published in the Official Gazette, obtains the necessary licenses and approvals from regulatory authorities to conduct its business, and complies with all prescribed rules for company establishment, in accordance with the stipulated provisions. The contract has a duration of 99 years, starting from the date of the company’s contract. Its primary objectives are the treatment and disposal of hazardous and non-hazardous waste.

The Central Tenders Board announced the postponement of the deadline for submitting bids for Tender No. K.M. 2024/2023/26, concerning the supply and installation of three main 132/11 kV substations for the cloud data centers project in various areas of Kuwait, along with their feeders and accessories, under the Ministry of Electricity, Water and Renewable Energy. The new submission deadline is August 9, 2026, instead of the original date of August 2, 2026.