Raise a Flag, Face a Fine: Kuwait's New Law Explained
KUWAIT CITY, June 8: Decree-Law No. 73 of 2025, amending select provisions of Law No. 26 of 1961 regarding the use and display of the national flag of Kuwait, was officially published in the Kuwait Alyoum Gazette. This new legal framework introduces stringent regulations governing the raising of foreign flags and symbols representing religious, social, or tribal affiliations within the country.
Key Amendments and Additions
New Article 3 bis: Regulation of Foreign and Sectarian Flags
The law introduces a new provision—Article 3 bis—which outlines the conditions under which foreign flags may be raised within Kuwait. Under this article:
- General Ban on Foreign Flags: It is prohibited to raise the flags of foreign nations within Kuwait's borders during ordinary days, holidays, public or private celebrations, or on the national holidays of foreign states, unless the Minister of Interior grants prior authorization.
- Sporting Event Exception: An exception is made for regional and international sports tournaments held in Kuwait, during which foreign flags may be displayed without prior approval.
- Prohibition on Sectarian Symbols: The law also prohibits the public display of flags and slogans representing religious, social, tribal, or sectarian groups, with the sole exception of flags and emblems of sports clubs.
This new article aims to prevent symbolic actions that may threaten national unity or be perceived as divisive or provocative.
Revised Article 5: Stiff Penalties for Violations
The law also amends Article 5 of the original 1961 legislation, significantly escalating the penalties for non-compliance:
1. General Violations: Anyone who breaches Articles 2, 3, or 4 of the law will face up to three months of imprisonment and/or a fine ranging from KD 100 to KD 1,000.
2. Misuse of the National Flag:
- Continuous display of the national flag on private buildings;
- Use of the flag for commercial branding or advertising.
- Raising a damaged or disrespectful version of the flag.
- Offenders may face up to one year in prison and/or a fine between KD 300 and KD 2,000.
3. Unauthorized Foreign Flags: Individuals who display foreign flags without proper authorization will be penalized with up to six months of imprisonment and/or a fine between KD 1,000 and KD 2,000.
4. Sectarian or Group Symbols: Violating the ban on religious, tribal, or social flags and slogans can result in up to three years of imprisonment and/or a fine ranging from KD 2,000 to KD 10,000.
In all instances, any seized flags or materials will be confiscated, and repeat offenders will face doubled penalties.
Implementation and Enforcement
Under Article Three, all government ministers are tasked with executing this decree within their respective jurisdictions. The law took immediate effect upon its official publication in the government gazette.
Context and Justification
According to the memorandum accompanying the decree-law, the legislation was prompted by increasing concerns over the unauthorized use of foreign flags and the display of sectarian or tribal emblems during both official events and private celebrations. Authorities noted that such practices have the potential to threaten public security and undermine national unity.
The objective of the amendment is threefold:
- To preserve public order and national cohesion;
- To prevent the politicization or sectarian misuse of public spaces;
- To reinforce the exclusive sanctity of national symbols.
While the law allows for exceptions based on international diplomatic conventions, such as the display of flags at embassies or on diplomatic vehicles, it asserts the government's sovereign right to regulate symbolic expressions within its territory.
Decree-Law No. 73 of 2025 marks a significant tightening of regulations surrounding national and symbolic representation in Kuwait. By criminalizing the unauthorized raising of foreign flags and sectarian symbols, the law reflects the state's growing emphasis on unity, national identity, and internal security. As Kuwait navigates its position in a volatile regional landscape, such measures are seen as tools to foster cohesion and deter divisive actions.
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