Move to curb growing population of expats Dashti presents draft law on holding public meets, parades
KUWAIT CITY, Dec 19: MP Dr Rola Dashti on Sunday presented a draft bill on organizing public meetings, demonstrations, parades and gatherings.
In the explanatory note of the proposal, Dashti cited the second clause of Article 44 of the Constitution, which “allows public meetings, parades and gatherings in accordance with the rules and the situation explained by the law, provided the purpose of the meeting and its methods do not contravene the moral code of the society.”
Dashti decided to present the bill, which consists of 20 articles to regulate public meetings, demonstrations, parades and gatherings, due to the absence of a law in this regard.
Articles 1 to 10 of the bill guarantee the right of individuals to gather in a peaceful manner. Securitymen should not be present in such meetings, and it is not also necessary to notify them about the gatherings. People are free to organize public gatherings in accordance with the rules and regulations mentioned in this law. Public meetings entail discussions of general issues in a public or private area, while taking into consideration Article 11 of this bill.
According to these articles, the following are not considered public meetings: religious gatherings in worship places like mosques, meetings organized or called for by specialized government authorities, meetings held by recognized organizational bodies like syndicates, unions of employers, NGOs, clubs, cooperative societies, sports authorities, unions of these authorities and commercial companies to discuss issues under their jurisdiction.
Private
Conventional meetings in private diwaniyas, inside the house or in front of houses to tackle separate topics without any invitation to discuss public issues are not considered public meetings. Anybody who wants to organize a public meting should notify the governor of the area or his deputy at least three days prior to the meeting, but there is no need to notify him if the meeting is for elections. The notification should come from at least three persons, specifying the time, place and purpose. The governor has no right to prohibit public meetings as explained in Article Five, unless proven that it is aimed at destabilizing the security or general system or damaging Kuwait’s relations with an allied country. A public meeting should have a committee comprising of a chairman and at least two members to ensure strict compliance with the law.
Security and police officers can attend public meetings to protect the people only if the need arises. These officers have the right to disperse gatherings if the organizing committee mentioned in Article 7 demands it, if the meeting diverged from its objectives, if a crime is committed or a serious riot takes place during the meeting.
During the dispersal operation, the officers should first carry out peaceful and proper procedures before using force. Public meetings must not be held or extended until 12:00 midnight unless a special permit is obtained from the concerned governorate or police station.
Articles 11 to 14 tackle demonstrations, parades and gatherings, stating that Articles 4, 6 and 9 of this law are applicable to all types of demonstrations, parades and gatherings on the roads or public parks with more than 20 participants. This rule is not applicable on the gatherings that are in line with the local customs and do not violate the morality code of the Kuwaiti society.
Non-Kuwaitis are not allowed to participate in demonstrations, parades and gatherings that are political in nature. This is the sole right of citizens. Demonstrations for electioneering purposes are also prohibited.
Securitymen and policemen are allowed to attend demonstrations, parades and gatherings or work in them, but they should find a place to stay. They also have right to correct the movement of the demonstration and divert it if they realize it negatively affects the security and general system or disrupts traffic movement. Demonstra-tions, parades and gatherings should not start before sunrise and continue until after sunset, except when a special permit is obtained from the Ministry of Interior. This is not applicable on gatherings that are against the local customs.
Article 15 to 21 stipulate penalties, stating that organizers and members of committees of public meetings, demonstrations, parades and gatherings, which are held or moved without permission or have been banned, will be imprisoned for not more than a year and fined not more than KD 5,000 or one of these penalties.
Permit
Any person who participates in public meetings, demonstrations, parades and gatherings without a permit or have been banned will be jailed for not more than one year and required to pay a fine of not more than KD 5,000 or one of these penalties. The same is applicalbe to anyone who disobeys the orders issued to disperse the meetings, demonstrations, parades and gatherings. The punishment will be double if the perpetrator holds a weapon even if it is licensed.
Any person who participates in public meetings, demonstrations, parades and gatherings held in accordance with this law and he is carrying a weapon, even if its licensed, will be jailed for not more than two years and fined not more than KD10,000 or one of these penalties. In this law, the weapons referred to here include fire arms, knives, sticks and any hard object not held under normal circumstances.
Once this bill is approved law number 65/1979 on regulating public meetings and gathering is declared null and void. The premier and ministers should execute this law and work with its provisions from the date of issuance.
Demographic
On the other hand, MP Naji Al-Abdulhadi has presented a proposal on requiring the government to form a joint-committee through a decision from the Cabinet to look into the current demographic structure in Kuwait and its impact on the nation. The panel will be tasked to lay down schemes and submt its recommendations to curb the growing population of expatriates in Kuwait.
The nation has been witnessing remarkable development in the construction, service, facilities and infrastructure sectors over the last years but this also led to the incredible growth of the expatriate population in Kuwait. He thinks the entry of several people from various countries with different beliefs has somehow contributed to the lopsided population structure in the country. He also cited statistical reports stating that expatriates constitute more than 70 percent of Kuwait’s population, while Kuwaitis are less than 30 percent of the total population.
Al-Abdulhadi warned the expatriates pose a grave threat to the customs, traditions and values of Kuwait. The growing population of foreigners is also an added burden on sectors offering basic services, such as water, electricity and health. The expatriates may transfer the country’s resources and national income to their countries; hence, the need to find effective ways to balance the demographic structure in Kuwait, he concluded.
By: Abubakar. A. Ibrahim