Freedom and the Press and the Human Rights Commission
In March last year, I wrote an article titled “The Forgotten Human Rights,” in which I noted that despite the paramount importance of the provisions of the Universal Declaration of Human Rights (1948) and its role as a benchmark for measuring how any entity treats human rights, its adoption did not prevent violations; rather, they increased significantly, and the situation could have been much worse. In line with the Universal Declaration, we established the Human Rights Association in 2005. As a result of strong pressure from some members of the National Assembly and the Salaf, the government agreed to establish another “Human Rights” association, resulting in two associations: one accepts human rights complaints, while the other rejects them.
Years later, the government responded to international demands to establish the “National Human Rights Office” as an independent body, serving as a bridge between civil society organizations, government authorities, and international organizations. However, its independence was never realized. Therefore, it was not surprising that Kuwait received a low rating from international monitoring organizations, as previous governments succeeded in marginalizing the Office’s role and undermining its independence. Notably, even members of its board of directors abstained from attending its meetings. Furthermore, its affiliation was repeatedly transferred from one ministry to another, and its board of directors changed frequently. The poor state of affairs led the Minister of Justice to dissolve the board and appoint a three-member committee to perform its duties, chaired by the Deputy Minister of Justice (!!), a move that clearly contradicted the requirements of international bodies.
Coinciding with or responding to what we had previously written, a decree was issued amending certain provisions of the “National Human Rights Office” law, changing its status to an “Authority,” and making it permanently subordinate to the Minister of Justice, while granting it full independence, such that the Minister has no authority to direct it or interfere in its operations. The Authority’s decree also stipulated that members of its board of directors and its employees cannot be held accountable for actions taken within the scope of their duties. The Authority’s role also includes promoting a culture of human rights, entrenching its values, enhancing respect for international human rights conventions that Kuwait has previously ratified, and protecting the public rights and freedoms guaranteed by the Constitution.
The Authority’s board is to consist of five full-time members, chosen for their competence, integrity, and expertise, to reinforce its independent civil character. Government representatives’ attendance is restricted to an “advisory capacity” without voting rights. To strengthen the Authority’s financial guarantees, the decree stipulated that it shall have a supplementary budget within the state’s general budget.
States are founded on three powers: executive, judicial, and legislative. In many Third World countries, the executive power constantly seeks to dominate the others. In such contexts, the government lacks the means to know everything happening in the country, beyond what the opposition (if any) says, or what is reported through various media and communication channels. This usually means the government is not fully aware of complaints, scandals, corruption, abuse of power, and other issues. Closing the door to criticism protects officials, even the bad ones, and this insulation may encourage them to go further, which typically weakens governments. Therefore, it is essential for governments to leave the field wide open for everyone to express their opinions and allow the press freedom to write and criticize, within the law. The press is the government’s eyes and ears, and it should be treated as a fundamental human right for which the Authority was established. Freedom of expression is one of the issues most closely linked to human rights. In this regard, social media, journalism, and the media play a vital role and serve as an indicator of stability and trust in the government’s credibility.
Ahmed Al-Sarraff
