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Rules of Procedure of the Higher Commission for Human Rights
A Ministerial Decree No. of the year 2008 On the Rules of Procedure of the Higher Commission for Human Rights
The Decree:- The Rules of Procedure of the Higher Commission for Human Rights shall be approved as follows:
Chapter One General Provisions Article One: This regulation shall be called the Rules of Procedure of the Higher Commission for Human Rights. Article Two: In the implementation of the provisions of these rules of procedure, the following terms have the following meanings:- 1. Ministerial Decrees: mean the ministerial decrees issued concerning the Higher Commission for Human Rights and regulating the work therein, and any other ministerial decrees issued in this respect. 2. Higher Commission: means the Higher Commission for Human Rights (HCHR). 3. Chairman: means the Chairman of the HCHR. 4. Deputy-Chairman: means the Deputy-Chairman of HCHR. 5. Rapporteur: means the Secretary-General of HCHR or his representative. 6. Secretariat: means the secretariat of the Higher Commission formed by the Ministerial Decree No/2008, headed by the Secretary-General (the Rapporteur) and other specialists and employees who help him perform properly the works required and implement the resolutions of the Higher Commission and of the sub-committees. 7. Sub-Committees: means the committees that are formed from the Higher Commission for Human Rights. Chapter Two The Commission's Competences The Commission assumes the following responsibilities:- 1. Express opinion and provide advice on all cases of human rights. 2. Review the present laws and regulations and suggest amendments thereto in harmony with the internationally development of legal rules of human rights and in compliance with Muslim Law (Sharia). 3. Express opinion on international laws, conventions, and bills relating to human rights. 4. Draw up national plans to stress and respect human rights. 5. Prepare reports on such matters and topics referred to the Commission from the concerned State agencies. 6. Participate in preparing replies to the periodic and non-periodic reports of the international governmental and non-governmental organizations in respect to the situations of human rights in the State of Kuwait. 7. Participate in preparing such reports that State of Kuwait is committed to submit under the international conventions acceded thereto. 8. Coordinate with local and governmental agencies concerned with human rights internally and externally. 9. Spread awareness of human rights through mass media; hold symposiums and forums and conduct studies related to human rights. 10. Work on including the fundamental concepts of human rights into the curriculums of public and higher education. 11. Contribute to preparing necessary and specialized cadres capable of spreading the principles of human rights in various entities. 12. Issue publications and periodicals underlining the activity of the Higher Commission for Human Rights. 13. Set up fact-finding committees on such cases which raise controversy on human rights issues and submit recommendations on the results of its works to the different State agencies. 14. The Commission assumes any other works referred from the Chairman.
Chapter Three Powers and Competences Article Four: The Chairman The Chairman is the general supervisor of the Commission's work and assumes the following tasks:- 1. Call for the Higher Commission's periodical and extra-ordinary meetings. 2. Chair the Higher Commission and manage the sessions thereof according to what is set forth in the agenda. 3. Approve the resolutions and recommendations of the Higher Commission, and issue administrative, financial, and technical regulations and decisions relating thereto and follow up implementing thereof. 4. Allocate specific tasks to the Members, or charge them with tasks related to the activity of the HCHR. 5. Seek assistance, as deemed necessary to him, of those people experienced and specialized in human rights field. 6. Determine the rewards of HCHR's and sub-committees' members and the Secretariat's staff and researchers as well as those who may help HCHR at its sole discretion. 7. Represent the HCHR before third-party. 8. Give press releases to various mass media or charge or authorize anyone to represent him. Article Five: Deputy Chairman He undertakes all the Chairman's tasks during his absence. Article Six: the Rapporteur (Secretary-General). He heads the executive body of HCHR Secretariat and supervises teamwork supported by the Office of Human Rights at the Ministry of Justice "MOJ" and adequate number of specialists and staff to undertake any assisting technical works, and assumes the following responsibilities:- 1. Coordinate with the Chairman in preparing the agenda of the sessions of HCHR and calling the members to attend. 2. Technically and administratively prepare for convening the sessions of HCHR and the sub-committees. 3. Supervise regulating and procedural matters during holding the sessions of HCHR and the sub-committees. 4. Supervise regulating and writing down the minutes of the sessions of HCHR and the sub-committees. 5. Supervise keeping the papers of HCHR and the sub-committees. 6. Prepare periodical reports on activities in which HCHR is engaged; review, in each session, the reports of following up the implementation of HCHR's resolutions and recommendations. 7. Provide documents, researches, and studies on such topics that will be on the agenda or required by HCHR. 8. Coordinate with the chairmen of the sub-committees. 9. Supervise regulating symposiums and conferences proposed by HCHR. 10. Follow-up the participation of HCHR's members in symposiums and conferences held inside and outside the country and follow up preparing reports thereon. Chapter Four Work Procedures of HCHR Article Seven: Convening Sessions 1. The HCHR members convene periodically at least once a month, or to convene, as necessary, additional or urgent sessions in accordance with an invitation by the Chairman or upon a request by one-third of HCHR's members. 2. The Rapporteur (Secretary-General) undertakes informing the members about the date of periodical or urgent meetings early enough prior to the specified date. 3. The meetings shall be held in one of the meeting rooms at MOJ or in any other place specified by the Chairman. Article Eight: The Agenda 1. The Rapporteur (Secretary-General) prepares the agenda in coordination with the Chairman or the Deputy-Chairman and sends it to the members early enough prior to the date of meeting, provided that the agenda includes specifically the following:- A. Topics the Chairman deems necessary to present to HCHR. B. Any topics suggested by HCHR members in coordination with the Rapporteur (Secretary-General). C. Letters, telegrams, and complaints referred to HCHR. D. Proposals and recommendation of the sub-committees, if any. E. Reports on following up the implementation of HCHR previous resolutions. F. Topics, reports, and studies required to be discussed G. Any new topics. 2. The agenda of any urgent session shall be confined to such topics for which such session is to be held unless otherwise stated by the members. Article Nine: Session System 1. The sessions of HCHR are confined to its members and in attendance of the representatives of Secretary-General; HCHR may call anyone, as necessary, to attend without having the right to vote. 2. Convening the sessions of HCHR shall be valid when the majority of its members attend provided that the Chairman or his Deputy attends. 3. At the outset of any session, the previous session's minute shall be approved, then the Rapporteur (Secretary-General) begins to recite the topics on the agenda according to their arrangement and all topics are discussed separately and finally the HCHR takes the appropriate resolutions and recommendations on such topics. Article Ten: Urgent Matters. HCHR may set up a minor committee hereof to decide on any urgent matters presented by the Chairman or his Deputy or the Rapporteur (Secretary-General), provided that it presents its works to HCHR in its following meeting to be approved by majority vote of the present members. Article Eleven: Resolutions 1. The resolutions of HCHR shall be issued by majority vote of the present members; if votes are equal, the side of the Chairman shall be the casting vote. 2. Any matter decided upon by HCHR may not be reconsidered unless two-thirds of HCHR members agree. Chapter Five The Sub-Committees Article Twelve: 1. Three sub-committees help the HCHR to perform its works as follows: A. Local Follow-up Committee B. International Intercommunication Committee C. Committee on Rooting the Principles of Human Rights 2. The Higher Commission determines the competences of the three sub-committees and nominates members thereof. Article Thirteen: Each of the three sub-committees is chaired by one member of the Higher Commission, and the Secretariat assumes the role of its Rapporteur. Article Fourteen: 1. The sub-committees meet at least once a month by an invitation from their chairman or his representative; the meetings thereof shall be valid when the majority of members of whom the convening sub-committee is formed attend. 2. The committee members shall be provided with the agenda timely enough prior to convening the session. Article Fifteen: The sub-committees shall submit their reports and recommendations to the Higher Commission in order to take the appropriate decisions.
Chapter Six Final Provisions Article Sixteen: The provisions of this Rules of Procedures may not be amended unless two-thirds of the HCHR members consent to such amendment. Article Seventeen: This Decree shall be implemented by the parties concerned and shall be enforced as of date of issuance.
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