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Arab Times
6 days ago
- Politics
- Arab Times
End of legal shield for kidnappers, infanticide in Kuwait's penal code
KUWAIT CITY, May 25: Decree- Law No. 70/2025 repealing Articles 159 and 182 of the Penal Code (Law No. 16 of 1960) was published in the Official Gazette (Kuwait Al-Youm) on Sunday. In the explanatory memorandum of the decree-law, the Ministry of Justice -- headed by Justice Minister Nasser Al-Sumait -- stated that the decision to repeal the abovementioned articles is based on the constitutional principles safeguarding motherhood and childhood, as well as the commitment of Kuwait to the international agreements on the protection of children's rights. The ministry pointed out that the provisions of Article 159, which grant a mitigating legal excuse to a mother who kills her newborn to avoid shame, are incompatible with the values enshrined in the Constitution and the international conventions. It clarified that Article 159 contradicts Articles 9 and 10 of the Constitution. Article Nine affirms that the family is the foundation of society, and it should be protected based on religion, morality, and love of the homeland; while Article 10 obligates the State to care for the young, protect them from exploitation, and shield them from all forms of neglect. It added that the right to life is the foundation upon which all other rights are built,t and this principle is strongly affirmed in the Islamic Sharia. It cited Surat At-Takwir (verses 8-9): 'And when the female infant is buried alive is asked, for what sin was she killed?' as well as Surat Al-Isra (verse 31): 'And do not kill your children for fear of poverty. We provide for you and them.' It also referenced Kuwait's international obligations, including the Convention on the Rights of the Child (1989), ratified under Law No. 104/1991, in which Article Six stipulates: 'States or parties recognize that every child has the inherent right to life ... and shall ensure to the maximum extent possible the survival and development of the child.' The Arab Charter on the Rights of the Child (1983), ratified by Law No. 36/1993, was also cited for its emphasis on maximum legal protection for children against violence and neglect. The ministry argued that continuing to apply Article 159 constitutes an unjustified legal exception, which contradicts constitutional principles and international obligations by effectively minimizing the gravity of crimes against the life of a child. On repealing Article 182, the ministry stressed that this is also based on constitutional principles, which guarantee justice, equality, and the protection of individual rights and freedoms. It pointed out that this article allows the kidnapper of a woman to evade punishment by marrying the victim with the consent of her guardian. According to the ministry, this provision contradicts Article 29 of the Constitution, which states that all people are equal in human dignity and before the law, without discrimination based on gender, origin, language, or religion. 'By permitting a perpetrator to escape accountability through marriage, Article 182 introduced unjustified legal discrimination and violated the victim's rights. It also perpetuated a culture of impunity and failed to meet Kuwait's obligations under international conventions on combating violence against women,' the ministry elaborated. It asserted that repealing this article is essential to align national legislation with constitutional values, international standards, and the principles of criminal justice. Following the issuance of the Amiri Decree on Oct 5, 2024, stipulating that laws shall be issued through decree-laws; Decree-Law No. 70/2025 was drafted. - Article One of the decree repeals Articles 159 and 182 of the Penal Code (Law No. 16/1960). - Article Two obligates the concerned ministers to implement the law, which takes effect from the date of its publication in the Official Gazette. For reference, the following are the repealed articles: Article 159: 'Any woman who intentionally kills her newborn immediately after birth to avoid shame shall be punished by imprisonment for a period not exceeding five years and a fine not exceeding 5,000 rupees or by one of these two penalties.' Article 182: 'If a kidnapper marries the woman he kidnapped in a legal marriage with the permission of her guardian, and the guardian requests that the kidnapper not be punished, he shall not be subjected to any punishment.'
Arab Times
15-05-2025
- Politics
- Arab Times
Kuwait will not compromise on human rights
KUWAIT CITY, May 15: 'Human rights in Kuwait are protected under the Constitution and existing laws. New legislation is being developed to ensure that Kuwait remains a pioneer, as it has long been,' said Minister of Justice Nasser Al- Sumait in an exclusive interview. He expressed his satisfaction with the unanimous approval of Kuwait's national report during the recent session of the United Nations Human Rights Council in Geneva, which was attended by representatives from approximately 115 member states. Minister Al-Sumait said, 'The unanimous approval of Kuwait's fourth national report reflects the extent of progress made recently, especially within the short tenure of the current government, regarding important issues included in the report, particularly those concerning citizenship, and civil and human rights, which Kuwait will never compromise. Kuwait succeeded in fulfilling the Human Rights Council's recommendations ahead of the final session. The country is currently working to develop legislation related to other recommendations, in line with the directives of His Highness the Amir of Kuwait Sheikh Meshal Al- Ahmad Al-Jaber Al-Sabah, who always emphasizes the importance of ensuring that everyone enjoys their rights without discrimination. Kuwait has taken note of the Human Rights Council's observations regarding freedom of opinion and expression. It is well known that media and expression freedoms are fully guaranteed in Kuwait under existing laws. However, there are red lines that cannot be crossed, such as harming individuals' reputations or offending His Highness the Amir. Kuwait does not allow anything that contradicts Islamic law or is otherwise prohibited by law. Aside from these exceptions, freedom of opinion and expression is protected in Kuwait, and is based on firm and longstanding foundations that date back centuries, not merely decades. Work is currently underway to amend some outdated laws, particularly those related to financial issues, most notably, the penalties for issuing bounced checks. There is an ongoing effort to either repeal or amend the relevant article to protect the human rights of individuals involved, including abolishing criminalization and imprisonment, as these are seen as restrictions on personal freedom. The report also includes guarantees that the civil rights and freedom of work for individuals whose citizenship has been revoked will not be affected. Measures are being taken in this regard under the directives of the supreme leadership. His Highness the Amir is keen about ensuring that no one is subjected to injustice. This matter is being closely and directly followed by His Highness the Amir, His Highness the Crown Prince, and His Highness the Prime Minister. Kuwait has recently seen the emergence of new types of crimes that were not seen previously, and these require firm and effective legislation. For this reason, we are working with the relevant institutions to draft practical laws that reflect current realities as well as uphold human rights.' Regarding the Human Rights Council's recommendation to abolish the sponsorship (kafala) system, Minister Al-Sumait said, 'Serious steps are being taken in that direction. These efforts aim to preserve national sovereignty, as well as ensure workers enjoy their full rights, and to support the development of commercial, industrial, and service sectors.' Minister Al-Sumait affirmed that positive steps have already been taken in response to the Human Rights Council's recommendation to strengthen legislation for combating domestic violence and to intensify efforts against intolerance, prejudice, and discrimination, particularly toward foreigners. He added that a great deal of work is ongoing to meet the objectives of these recommendations. Minister Nasser Al-Sumait concluded by stressing that, 'We are working tirelessly to position Kuwait as a leader in the field of human rights. This mission requires great effort, and we are racing against time to meet the high standards and goals set by His Highness the Amir for the government upon taking the Constitutional oath.'
Kuwait News Agency
14-05-2025
- Politics
- Kuwait News Agency
Kuwait Justice Min., Turkish Amb. discuss coop.
KUWAIT, May 14 (KUNA) -- Minister of Justice Nasser Al-Sumait and Turkish Ambassador to Kuwait Tuba Nur Sonmez held a meeting on Wednesday discuss ways to bolster cooperation. A statement by the Ministry of Justice on X revealed that the two focused on cooperation with the judiciary domain in addition to other topics of common interest. (end)
Arab Times
13-05-2025
- Business
- Arab Times
Judicial reform under the guidance of the highest leadership
Preserving human dignity and protecting human rights is the mission of the political leadership. Classifying bounced checks as a payment instrument is inconsistent with reality. Credit cards and gold should not be considered criminalized payment methods. Certain violations are being described in a manner that does not reflect their legal reality. The burden of reform is heavy and requires effort, perseverance, and careful deliberation to avoid mistakes that could create loopholes criminals might exploit to evade punishment. In light of this, the highest authorities have stressed the importance of completing the process quickly, but without haste. Informed sources highlighted the current focus of the judiciary and the Minister of Justice on amending laws related to the judicial system, the Penal Code, and penalties. The sources said, 'Amir's speeches have urged updating these laws to keep pace with global developments,' as there are over 900 outdated laws requiring revision. Higher instructions have been given to the Minister of Justice and his carefully selected team to update approximately 46 laws related to the Ministry of Justice, ensuring that the amendments take into consideration humanitarian aspects. Around 15 laws have already been amended, while others are still under study and development or have been referred to the Fatwa and Legislation Department. In addition, 12 laws are now being implemented following the ratification of their amendments. The ultimate goal of the political leadership is to create a society with modern legislation that preserves human dignity, prevents injustice, and limits inconsistencies in judicial rulings. All of this is being carried out under the close supervision and follow-up of the highest leadership, especially regarding amendments related to human rights, to align with Kuwait's global image.' These sources further revealed that international conferences, including one in Geneva next month, will hold discussions on issues related to terrorism, money laundering, and national rights. They said the conference will provide an opportunity to highlight the accomplishments of the Ministry of Justice and its Minister Nasser Al-Sumait. The sources indicated that Kuwait has unfortunately fallen behind in amending these laws, and that Minister of Justice Nasser Al- Sumait, along with some of his advisors, will participate in two international forums scheduled for June. They said the Ministry of Justice has completed the required task after a long struggle to meet the international community's demands regarding human rights issues, adding that the strictness of certain laws concerning financial and civil matters, under the guise of protecting rights, has placed Kuwait under increased international scrutiny. The judicial sources explained that there is a misunderstanding regarding the term 'payment tool,' which has been used as a justification for harsh treatment and imprisonment of individuals who issue checks without sufficient funds. This misunderstanding extends to credit cards, gold cards, and other similar instruments, which, despite being 'payment tools,' are not subject to legal punishment. Certain violations, such as exam leaks, lack a clear legal definition, leading to judicial rulings that contradict the reality of the situation. The sources emphasized the importance of some ministries, such as the Ministry of Interior and the Ministry of Justice, in distancing themselves from the responsibility of collecting debts on behalf of usurers and moneylenders who charge exorbitant interest rates. They confirmed that the primary mission of these ministries is to ensure public security and administer justice. They said creditors are responsible for safeguarding their assets by thoroughly investigating a borrower's financial situation, to prevent individuals from facing imprisonment for issuing bounced checks. In confirmation of a report published by the daily a few days ago about the unjustified harshness faced by debtors, judicial sources stated, 'The primary mission of the Council of Ministers, in its legislative capacity, is to work towards achieving justice for all, particularly for insolvent debtors who are being unjustly treated.' They highlighted the importance of the first step in this direction: the cancellation of salary garnishments for debtors, adding that further actions are required to ensure Kuwait does not become the subject of international criticism during the conferences scheduled in June. In conclusion, the sources emphasized that no loopholes will be left that could harm Kuwait's reputation internationally, adding, 'The orders from the highest leadership are clear regarding preserving human dignity and providing a suitable environment for citizens to work without undue stress or disruption'.
Arab Times
10-05-2025
- Politics
- Arab Times
United Nations unanimously adopts Kuwait's human rights report
GENEVA, May 10: The United Nations Human Rights Council (UNHRC) unanimously adopted Kuwait's fourth national report, affirming the country's commitment to enhancing its human rights framework. The report underscores Kuwait's dedication to strengthening its national human rights protection system through comprehensive legislative, institutional, and field reforms. Minister of Justice Counselor Nasser Al-Sumait led the Kuwaiti delegation during the session held in Geneva, presenting the national report within the framework of the UNHRC's Universal Periodic Review (UPR) mechanism. Key legislative and institutional reforms Kuwait highlighted several significant reforms aimed at aligning its legal framework with international human rights standards. These include: Protection from domestic violence: The enactment of the Law on Protection from Domestic Violence, establishing shelters and hotlines for victims. Amendments to Penal Code: Redefining the crime of torture in accordance with the Committee against Torture's recommendations.n Nationality Law Reforms: Amendments to the Nationality Law to align it with civil, economic, and social rights.n Abolition of Article 153: Supporting gender equality by repealing provisions that previously allowed lenient sentences for honor-based crimes.n Raising the Minimum Age of Marriage: Increasing the legal age of marriage to 18 years.n Abolition of Article 182: Removing exemptions from punishment for perpetrators of kidnapping who marry the victim.n Institutional developments Kuwait has established several institutions to bolster human rights protections, including: Domestic Violence Centers: Providing support services to victims. National Office for Child Protection: Focusing on safeguarding children's rights.n Women's Affairs and Business Committee: Enhancing the role of women in development.n Specialized Public Prosecution Offices: Addressing human trafficking and human rights violations.n Additionally, Kuwait launched child protection centers in July 2024 to address cases of abuse and neglect. Advancements in gender equality Kuwaiti women play a pivotal role in the nation's development, representing 58% of the total national workforce. Women's participation in the government sector stands at 60%, with 48% in both the private sector and the legal profession. Notably, women currently hold three ministerial portfolios in the government. Support for persons with disabilities Kuwait allocated approximately $340 million for the fiscal year 2023/2024 to support services for persons with disabilities. This funding benefits over 213,000 individuals across 82 educational and rehabilitation institutions, including schools, nurseries, and treatment centers. Anti-corruption measures The report highlights Kuwait's efforts to combat corruption through the preparation of new draft laws aimed at expanding the powers of the Anti-Corruption Authority, strengthening the role and independence of the judiciary, and tightening the protection of public funds in accordance with the United Nations Convention against Transnational Organized Crime. Digital transformation and environmental initiatives Kuwait has embraced digitization with the launch of the "Sahel" app, which has processed over 60 million e-transactions. The country has also adopted national strategies to reduce carbon emissions and protect the environment. International humanitarian efforts The report underscores Kuwait's role as a capital of humanitarian action, emphasizing its continued commitment to providing large-scale humanitarian aid through the Kuwait Fund for Arab Economic Development. The country supports relief efforts in conflict and disaster areas, particularly in Gaza, Syria, and Yemen, and has organized and hosted international donor conferences. Commitment to reform and sustainable development Under the leadership of His Highness the Amir Sheikh Mishal Al-Ahmad Al-Jaber Al-Sabah and His Highness the Crown Prince Sheikh Sabah Khaled Al-Hamad Al-Sabah, Kuwait continues its commitment to reform, modernization, and the promotion of rights and freedoms. These developments reflect the State of Kuwait's renewed commitment to advancing the human rights system based on the principles of the Constitution and international conventions aimed at achieving comprehensive and sustainable development. Engagement with UN Human Rights mechanisms The report notes that Kuwait received 302 recommendations in the previous UPR cycle, of which 230 were fully accepted, 6 were partially accepted, and 12 were taken into account. The state remains committed to transparency and openness, fully participating in dialogue sessions with relevant international treaty committees. Kuwait has also engaged with mandate holders and special procedures of the Council, responding to requests for field and scientific visits during 2023 and 2024, including mandates in the fields of development, violence against women, and the rights of persons with disabilities and migrants. The national report, covering the period from 2020 to the end of 2024, was prepared through a comprehensive participatory methodology involving government agencies, civil society, and the National Bureau for Human Rights. The Kuwaiti delegation pledged to study the 290 recommendations submitted by member states of the United Nations Human Rights Council, focusing on strengthening human rights mechanisms
