To impose partial curfew ‘administrative decision’

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KUWAIT CITY, March 13: The government’s resolution to impose partial curfew was based on an administrative decision, not a sovereign decision, reports Al-Anba daily quoting sources. Asked about the demand to cancel the partial curfew because it was implemented without being published in the Official Gazette ‘Kuwait Al-Youm’, sources explained the publication of any decision is aimed at informing everyone about it and anyone can appeal against a decision not published in the Official Gazette on grounds that he is not aware of it. However, there is no law obliging the government to publish its decisions in the Official Gazette.

The partial curfew decision was published on audio and visual media platforms, in addition to daily newspapers and official government websites. The judiciary plays a role here, especially in settling disputes regarding decrees and decisions, sources added. On the other hand, sources clarified Article 178 of the Constitution stipulates the publication of approved bills in the Official Gazette. This article states: “Ordinances shall be published in the Official Gazette within two weeks of their enactment and shall come into force within one month from the date of their publication. That period may be extended or curtailed by a special proviso in the Ordinance itself.”

On the health minister’s authority to recommend imposing curfew, sources pointed out that Epidemiology Law of 1969 grants the minister exceptional powers to protect the country from the epidemic as agreed with the concerned ministers, in addition to asking for the assistance of the police and armed forces to implement his decisions. In addition, the law authorizes the minister to issue decisions on taking measures and precautions; such as total isolation of areas where infected cases are discovered – not allowing entry or exit by any means except those authorized by the Ministry of Health, and imposing curfew in some areas within a certain period which is necessary for compulsory vaccination of residents or other measures.

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