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Achievements of the Department of International Relations (2008) The Department of International Relations plays an important role in underlying the activities of the Ministry of Justice "MOJ" on both levels, local and international. On local level, the Department consolidates MOJ’s relation, through performing legal affairs with other concerned agencies of the State of Kuwait, particularly with “National Assembly” (the Parliament), “Supreme Judicial Council”, “Public Prosecution”, Ministry of Interior, Ministry of Foreign Affairs, Ministry of Affairs, Department of Fatwa& Legislation, and University of Kuwait and other State agencies. On international level, the Department is deemed MOJ’s window on the international community and its connecting link with international governmental and non-governmental authorities and organizations. Moreover, it represents MOJ at international congregations, in particular within the framework of United Nations (UN), Arab League, and Gulf Cooperation Council (GCC) as well as it is the central power and connecting link in all conventions of legal and judicial cooperation concluded by State of Kuwait. First: the Achievements of International Conventions Division The Division of International Conventions is considered one of the most important and vital divisions of the Department as its main duty is based primarily on contracting conventions of legal and judicial cooperation between Kuwait and other world countries, a matter that facilitates easily achieving justice and guaranteeing right of litigation for all citizens of all these countries as well as it contributes to link State of Kuwait with international community in this field. As to works achieved by the Department during 2008, it can be summarized as follows: A) Regarding Conventions of Execution of Judgments; Delegations; Judicial Notifications: Taking into consideration the fact that the Department of International Relations is the central power for Kuwait in all conventions of judicial and legal cooperation concluded by State of Kuwait and other world countries, the Division of International Conventions is responsible for delivering any applications of delegations and judicial notifications in penal, civil, commercial, administrative, and personal status cases, to the competent authorities- in Sate of Kuwait and in other countries with which Kuwait concluded conventions of judicial and legal cooperation- sent by the appropriate authorities in the applicant state to the competent authorities in the state required to execute the delegation applications. In this respect, the Division follows up all stages of delivering letters and communications related to executing delegations and judicial notifications. B) Regarding Conventions Signed on During the Year 2008: The Division of International Conventions exerted efforts that resulted in concluding a number of conventions of legal and judicial cooperation between State of Kuwait and other countries during the year 2008, as follows: 1. Convention on legal and judicial cooperation concerning civil, commercial, personal status, and penal articles between the government of State of Kuwait and the government of Republic of Yemen, signed in Sana'a dated 2 January, 2008. 2. Convention on legal and judicial cooperation in penal articles between the government of State of Kuwait and the government of Kingdom of Morocco signed at Kingdom of Morocco on 8 October, 2008. 3. MOJ participated in the final negotiations on draft conventions of legal and judicial cooperation between State of Kuwait and People's Democratic Republic of Algeria held in the Republic of Algeria during 1-3 December, 2008. C) Regarding Follow-up the Ratification of Conventions Signed on: The Division follows up the ratification of conventions signed on including Arab Convention on Judicial Cooperation (Riyadh) that was signed in the year 1993, and also the Arab Convention on the Suppression of Terrorism and these conventions are mostly related to the political ability of the State. D) Within the Framework of High-Joint Committees to which Kuwait is a Party: In accordance with the Ministerial Decree No.45 of the year 2007 on the establishment of a permanent committee, headed by the Undersecretary of State and a member of the Supreme Judicial Council, Counselor/ Sultan Noah Borssely, to optimize the legal and judicial aspect within the framework of the high-joint committees to which Kuwait is a party as the Second Article, Section (1) of the above-mentioned Decree provides that the said committee shall undertake all legal and judicial matters. The MOJ participated during 2008 in the following committees: 1- The First Session of the Kuwait-UAE High-Joint Committee held in Abu Dhabi on 2-3 March 2008. 2- The Third Session of the Kuwait-Qatar High-Joint Committee that was due to be held on April, 2008 but it was postponed until further notice. 3- The Fifth Session of the Kuwait-Algeria High-Joint Committee, held in People's Democratic Republic of Algeria on 18-22 November 2008. 4- The First Session of the Kuwait-Yemen High-Joint Committee held in Aden during 1-2 December, 2008. E) Within the Framework of the Hague Three Conventions on Legal and Judicial Cooperation, as follows: 1- Convention on the Service and Application Abroad of Documents in Civil and Commercial Articles, approved in accordance with Law No. (6) of the year 2002. 2- Convention on the Taking of Evidence Abroad in Civil and Commercial Matters, approved under Law No. (7) of the year 2002. 3- Convention on the Recognition and Enforcement of Foreign Judgments and Supplementary Protocol thereto, approved pursuant to Law No. (8) of the year 2002. In this respect, MOJ receives applications of judicial notifications sent by the states party to any convention of legal and judicial cooperation concluded with the State of Kuwait. Consequently, the Department of International Relations- as deemed the central power entrusted with receiving applications of notifications sent by other states party to a convention- addresses the General Department for Execution of MOJ to notify the defendants about judicial papers, and it then notifies the applicant entity whether the notification is duly served or not taking into account the non-specified period between receiving the application and the successive procedures. As to the Convention of Taking Evidence Abroad in Civil Matters, the Department addresses the Court of First Instance to execute the application of judicial delegation. Secondly: The Achievements of Conferences & Symposiums Division. The Division of Conferences & Symposiums follows up all works related to any periodical meetings held whether on the level of GCC countries, the Arab League, UN, or any other international or regional organization. These meetings can be summarized as follows:- A) Within the framework of GCC countries:- Follow-up the meetings of Their Excellencies, Ministers and the Under-Secretaries of Justice of GCC countries. In this respect, the Division of Conferences and Symposiums assumes the following responsibilities: - Addresses the Secretariat General of GCC and expresses opinion about any topics tabled on the agenda of the meetings of Their Excellencies, Ministers and the Under-Secretaries of Justice of GCC countries. In addition, the Division prepares the reports of each meeting, whether reports prepared before or after holding a meeting. - Prepares all correspondences, notes of opinions, and reports on the meetings of GCC Justice Under-Secretaries held during 14-15 October, 2008. - Prepares the report and papers of the 20th meeting of the GCC Justice Ministers, held on 15-16 November, 2008 as well as participates in Kuwait delegation headed by His Excellency, the Minister of Justice. The Division prepares also notes included the MOJ's opinion on the reports issued by experts specialized in studying draft laws after coordinating with the appropriate entities as the Division sends letters to recognize the opinion of these entities requesting to express their notes and suggestions and the Division studies then these opinions and prepares notes expressing what is suitable, at its own discretion, of these opinions and suggestions. The Documents and Reports the Division Studies, including: 1. Muscat Document on the Uniform Regulation (the Law) for Real Estate Registration. 2. Muscat Document on the Uniform Regulation (the Law) for the Execution of Judicial Judgments. 3. Muscat Document on the Uniform Regulation (the Law) for the Combat of IT-related Crimes. 4. Muscat Document on the Uniform Regulation (the Law) for Judicial Authority. 5. Muscat Document on the Uniform Regulation (the Law) on Judicial Inspection. 6. Muscat Document on the Uniform Regulation (the Law) on Reconciliation. 7. Muscat Document on the Uniform Regulation (the Law) of Judicial Assistants. 8. Report of the Expert Committee specialized in studying the recommendations of the Kuwait Conference for Family Guidance. 9. Uniform Draft Law for Expert Works before Courts. 10. Uniform Draft Regulation (the Law) for International Legal and Judicial Cooperation in Penal Matters. 11. Member States' experiences in judicial and legal cases. 12. The coordinating meeting to study preparation for the conference on "Review States Party to the System of International Criminal Court (ICC)". 13. Proposal of the Custodian of the Two Holy Mosques to expedite performance and remove obstacles that hinder joint action progress. 14. The meeting of the specialized expert committee commissioned to study the judicial aspects of European Union (EU) and how it is possible to utilize this experience. 15. The Second Meeting of Their Excellencies the GCC States' Attorney- Generals, Public Prosecutors, and Heads of Investigation Boards and Public Prosecution. In addition to the above, there are other topics related to cooperation among GCC States such as bilateral visits, information networks, or nationalization of jobs and others. B) Within the framework of Arab League:- The Division of Conferences & Symposiums addresses all branches of the Arab League, receives reports issued by ad-hoc committees and receives invitations for convening conferences. Furthermore, the Division prepares notes included opinions on these reports, and expresses notes and proposals on topics proposed to be discussed in the meetings of the said committees concerning draft Arab model laws. The Draft Arab Model Laws the Division Studies, including the following: 1- Draft Arab Model Law for Legal Assistance and Draft Arab Model Law for regulating the profession of process-servers. 2- Draft Arab Model Law for Anti-Corruption. 3- Draft Arab Model Law for Regulating the Transplantation of Human Organs and Preventing and Combating Trafficking therein. 4- Draft Arab Model Law against Reproductive Cloning of Human Beings. 5- Draft Arab Model Law on the Protection of Intellectual Property. 6- Draft Arab Model Law for Reconciliation. 7- Draft Arab Uniform Law of Civil Procedure (Proceedings). 8- Draft Arab Model Law of E-Commerce. 9- Draft Arab Model Law for Evidence by Modern Techniques. Moreover, the Division prepares the MOJ's opinion on referendums related to model laws, and generally it undertakes reply to all correspondences sent by Arab League. Furthermore, the Division prepares- within the framework of Arab League-correspondences, studies, and reports of the following subjects: 1- Expert Committee specialized in examining the Arab Convention on the Suppression of Terrorism and the mechanism of implementing thereof. 2- Expert Committee specialized in examining the Arab Convention of Anti-Money Laundering and Combating Terrorism Financing. 3- Expert Committee specialized in examining the Arab Convention against Transnational Organized Crime. 4- Expert Committee specialized in examining Draft Arab Convention on Cyber-Crimes. 5- Expert Committee specialized in examining the Arab Convention on Extradition. 6- Expert Committee specialized in examining the Arab Convention on the Transfer of the Lodgers of Punitive and Rehabilitative Institutions. 7- Expert Committee specialized in examining updating the legislative model evidence for child rights. 8- The Committee on the Unification of Legal and Judicial Terms. 9- The Arab Anti-Corruption and Integrity Network. 10- Draft Arab Convention on Anti-Corruption 11- Collect and authenticate the evidences on genocide crime, crimes against humanity, and war crimes committed and still committed by Israel. Moreover, the Division participates in preparing the necessary notes and addresses correspondences related to the ordinary sessions of the Arab Summit. It prepares also the notes and correspondences related to the urgent meetings. During 2008, two Extraordinary Sessions were held: - The First Session is related to the Urgent Meeting held on 12 October 2008 to discuss the International Criminal Court (ICC) Prosecutor's decision against Sudan's President Omar Al-Bashir. - The Second Session is related to the Urgent Meeting of the Council of Arab Ministers of Justice held in Cairo on 17 May 2008 to discuss genocide crime, crimes against humanity, and war crimes committed by Israeli occupation forces in West Bank and Gaza Strip. C) Within the framework of UN. The Division of Conferences & Symposiums receives and replies to all correspondences sent by UN and its specialized agencies, and further it prepares MOJ's opinion on all in-coming subjects, for example it prepared the notes necessary for the Conference of the ICC Assembly of State Parties", the meetings of the UN Commission on Crime Prevention and Criminal Justice (CCPCJ). Furthermore, it prepared notes about commitment to extradition or trial of criminals, and the crimes of economic fraudulence under the umbrella of UN Office on Drugs and Crime. The Division also undertakes the preparation of the necessary suggestions and projections concerning the meetings of specialized committees and sending them to UN and also it prepares subjects and notes related to topics that are on the agenda of the UN General Assembly. D) On the level of the Asian-African Legal Consultative Organization (AALCO). The Division of Conferences & Symposiums undertakes the preparation of reply to special correspondences sent by the "AALCO". Moreover, the Division, during 2008, prepared the reports, whether before or after holding the meeting of the Forty Seventh Session of the "AALCO" as well as its contributions to preparing notes including MOJ's opinion on any other topics suggested by "AALCO". E) Concerning Conferences and Symposiums held during the year 2008. The Division of Conferences & Symposiums contributes considerably to all activities of conferences and symposiums held outside the Country through preparing for them and receiving correspondences and preparing replies, including the following: 1- Annual Conference and Exhibition on Training and Development. 2- The Round Table Forum entitled "New Roles of Government". 3- A Symposium on "the Developments and Improvements in the Used System and the Scientific and Technical Developments in the Legal Informatics System". 4- The training program on "Enhancing the Application of Laws and the Legal Reform". In general, the Division of Conferences & Symposiums is considered a connecting link between the Department and the international and regional organizations and countries as well as the ministries and departments inside Kuwait. Thirdly: the Achievements of Human Rights Division: The Division of Human Rights of Public Relation Department plays an effective and important role in various fields of human rights and this is obviously clear through its contacts with the Country's official and foreign entities concerned with human rights and attending international conferences in order to achieve the object of MOJ that is enhancing human rights in the State of Kuwait and furthering its position in international aggregations and conducting relevant researches and studies. The Division undertakes numerous and various responsibilities as follows: a) Effective Participation in Human Rights-related Symposiums and Conferences held inside and outside Kuwait, such as:- 1- The Meeting of the Committee on the Rights of the Child related to the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict and the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children and the Exploitation of Children in Pornography. 2- The First Meeting of the ad-hoc Subcommittee of the Permanent Arab Commission on Human Rights. 3- The First Scientific Conference on Combating Human Trafficking between Theory and Application 4- The First Meeting of the ad-hoc Subcommittee of the Permanent Arab Commission on Human Rights. 5- The meetings of the Permanent Arab Commission on Human Rights. 6- The meetings which are due to be held on "Combating Human Trafficking between Theory and Application". 7- The meetings of the team of the Arab governmental experts to discuss the Arab Plan for Human Rights Education and the meetings of the Permanent Arab Commission on Human Rights. 8- The Third Meeting of ad-hoc Subcommittee of the Permanent Arab Commission on Human Rights. 9- First Arab Conference on Human Rights in Qatar organized by League of the Arab States. b) Expressing Opinion and Preparing Notes and Replies on the following:- 1- Reports and inquiries sent by the US Embassy in Kuwait on combating trafficking in human beings. 2- Amendment made to Article No.(198) of the Kuwaiti Penal Code on the Imitators of Opposite Sex. 3- Preparation of the report submitted by State of Kuwait in accordance with Paragraph (1) of Article (12) of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children and the Exploitation of Children in Pornography. 4- Concerning the report submitted by State of Kuwait in accordance with Paragraph (8) of the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict. 5- Concerning MOJ's notes on the rules of procedures of the Committee of Arab Human Rights Experts. 6- Alleged violations, claimed by Human Rights Watch (HRW), of freedom of expression and the right to privacy regarding the imitators of opposite sex. 7- Preparation a note of MOJ's opinion about the Convention on People with Disabilities and the Optional Protocol thereto at United Nation HQ in accordance with the Resolution of the Council of Arab Ministers of Social Affairs, Session (26). 8- Preparation of reply to the annual report of US Department of State on the situation of human rights in Kuwait in 2007. 9- Preparation a note of MOJ's notes on the rules of procedures of the Committee of Arab Human Rights Experts. 10- Preparation of a reply note about the experts' commission on implementation of the Convention on Discrimination in Employment and Occupation No. (111). 11- Reply to UN High Commission Office for Human Rights regarding the efforts exerted by the State of Kuwait to implement UN Resolution "Protection of Migrants" No. A/RES/62/156, on 7/3/2008, adopted by the General Assembly. 12- Reply to UN High Commission Office for Human Rights regarding the Resolution No. 30/6 issued in December 2007 by the Human Rights Council, entitled "Integrating the Human Rights of Women throughout the United Nation System". 13- Reply to UN High Commission Office for Human Rights regarding the Resolution No. 30/6 issued in December 2007 by the Human Rights Council, entitled "Promotion of the enjoyment of the cultural rights of everyone and respect for cultural diversity". c) Preparing Reply and Conducting Studies on the Following Subjects:- 1- MOJ's reply on the Paragraph (1) of the Article (12) of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children and the Exploitation of Children in Pornography. 2- MOJ's reply on the Paragraph (1) of the Article (12) of the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict. 3- MOJ's reply on "Rescission Death Penalty Sentence". Fourthly: the Achievements of WTO Division: Main Responsibilities and Duties:- 1. Legally studies and expresses opinion about all documents referred to MOJ from the Ministry of Commerce and Industry and other concerned agencies. 2. Follows up the meetings concerned with implementing the agreements of World Trade Organization (WTO). Furthermore, the Division Participated During the Year 2008 in the following Meetings:- 1. The Sixteenth Meeting of the Committee concerned with implementing WTO agreements. 2. The First Meeting of the Liaison Officers of the Kuwaiti Negotiation Team concerned with holding negotiations on Free Trade Agreements "FTA". Director The Department of International Relations Zakariya Abdullah Al-Ansary
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