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Saturday , October 23 2021


KUWAIT CITY, July 10: MP Saleh Ashour has presented a bill to criminalize the acts of supporting and joining the terrorist organization — DAESH, proposing a maximum of 20 years in jail for anyone proven to be involved in such activities.

In the explanatory note of the bill, Ashour pointed out that in preparing the constitution of Kuwait, the constitutional legislator had in mind the fundamental issue above the constitution itself — protection of Kuwait and its interests. He quoted the constitutional legislator as saying in the 10th meeting of the Constitution Preparation Committee on Feb 6, 1962 that “protection of Kuwait and its interests is above all things, even the constitution.”

He said the constitutional legislator highlighted the importance of protecting Kuwait and its interests in the explanatory note stating, “When the integrated meanings converged at a substantial source in the construction of the new document, the backbone of this constitution was to preserve the country’s unity and stability.”

In line with this principle, the legislature passed Law No. 31/1970 amending Penal Code No. 16/1960 issued by the executive authority on July 21, 1970 to include external and internal State security crimes. However, the law lacks stipulations on the clear classification of organizations or gatherings, parties or terrorist organizations that emerged due to acts deemed harmful to national security, the lawmaker explained.

Article One of the bill states that the Islamic State in Iraq and the Levant (DAESH) is listed as a terrorist organization and the rule applies to its founders, members, supporters and those who encourage others to join the group. Article Two of the bill indicates that except as stated in the preceding article, the government may not regard a group or organization or party as a terrorist according to the interests of the State and its vision.

This is because all matters about describing terrorism are linked with State sovereignty or control over its territory in decision- making; the inability to identify the names, number of groups and other organizations associated with terrorism in the world; and are not predictable in the future after the issuance of this law.

Article Three states that all groups, parties and organizations mentioned in the first article shall remain within the description of terrorism; apart from those operating at the time of the issuance of this law or will appear in the future, then the government will evaluate it to determine whether it is a terrorist or not in accordance with the interests of the State and its vision. Since terrorism is a serious crime, punishment is required.

Anybody who establishes or forms groups, organizations and parties described as terrorists according to Article One shall be imprisoned for not less than 10 years and not more than 20 years; in addition to those affiliated to terrorism or belong to such groups, organizations and parties, as well as those who finance, support and promote them.

In another development, MP Mubarak Al-Harees has called on HH the Prime Minister Sheikh Jaber Al-Mubarak Al-Sabah to replace five to six ministers in the next legislative round. He stressed the need for governmental restructuring to eliminate ministers who failed to implement the laws passed by the Parliament such as the laws on insurance for retirees and domestic workers.

By Abubakar A. Ibrahim Arab Times Staff

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