Freedom, press, and the human rights authority

Last March, I wrote an article titled “Forgotten Human Rights,” in which I stated that despite the paramount importance of the articles of the Universal Declaration of Human Rights (1948), it did not prevent violations; rather, such violations increased significantly. The situation could have been much worse. In accordance with the principles of the Universal Declaration, we established the Human Rights Society in 2005. Due to strong pressure from some members of the National Assembly and Salafists, the government agreed to establish another “human rights” society. We now have two societies - one that accepts complaints and another that rejects them. Years later, the government responded to international demands by establishing the “National Diwan for Human Rights” (NDHR) as an independent body and a link between civil society organizations, government agencies, and international organizations. However, the NDHR has never been truly independent.

As a result, Kuwait received a low rating from international monitoring organizations, as successive governments marginalized the role of the NDHR. It was striking to see how many members of the NDHR’s board of directors refrained from participating in its meetings. The NDHR’s repeated affiliation with various ministries and the multiplicity of its governing boards ultimately led the Minister of Justice to dissolve the NDHR and appoint a three-member committee, headed by the Undersecretary of the Ministry of Justice, to carry out its duties - a move clearly inconsistent with the requirements of international organizations. A decree was issued amending certain provisions of the NDHR Law, transforming it into the Public Authority for Human Rights and placing it under the supervision of the Minister of Justice, while guaranteeing its full independence and ensuring that the minister has no authority to direct its work or interfere in its affairs.

The decree establishing the Public Authority for Human Rights stipulates that members of its board of directors and its staff shall not be subject to accountability for actions undertaken in the exercise of their duties and powers. The Public Authority for Human Rights is also tasked with promoting a culture of human rights, strengthening its values, encouraging respect for relevant international conventions previously ratified by Kuwait, and safeguarding the public rights and freedoms guaranteed by the Constitution. The Board of Directors of the Public Authority for Human Rights consists of five full-time members selected for their competence, integrity, and expertise, thereby reinforcing its independent and civil character.

Government representatives are not entitled to participate in voting. The decree also stipulates that a separate budget shall be allocated to the Public Authority for Human Rights. States are based on three authorities - the executive, judicial, and legislative branches. In many developing countries, the executive authority constantly seeks to dominate the other branches. As a result, governments cannot have a complete understanding of everything occurring within the country except through the views of the opposition, when it exists, or through reports published by various media outlets, including the press. Consequently, governments may remain unaware of complaints, corruption, and abuses of power.

Suppressing criticism protects officials, including the most corrupt, from accountability and ultimately weakens the governments. It is essential for governments to provide sufficient space for all individuals to express their opinions and to ensure press freedom, allowing the media to report, investigate, and criticize. The press should be recognized as a watchdog of government and as an essential component of the right to freedom of expression, which is among the most closely connected human rights. The media, including the press, play a vital role in assessing the quality of life and reflecting the level of public trust in the credibility of the government.

By Ahmad alsarraf
email: [email protected]