Chief-in-Editor  Prof. Badria A. Al-Awadi

Al-Kuwait Al-Yawm, the official Gazette, published in early September the text of Law No. 12 of 2020 regarding the Right to Information Law after it was approved by the National Assembly by a majority of 44 deputies and signed by the deputy of the Emir of Kuwait last August. It is a law consisting of 17 articles. Its approval has been the subject of popular demands for more than a decade, as it is a fundamental pillar of democracy in which sovereignty is for the people, and an indispensable element in constructing the system of the state of rights and law. It is also a necessity of spreading and adopting the values ​​of integrity and transparency through binding laws and procedures, especially after the State of Kuwait has approved the United Nations Convention against Corruption under Law No. 47 of 2006. This Convention called, in Article (10), states parties to guarantee the right to access and publish information.

In addition, this right is based in the Kuwaiti constitution in a number of articles, including Article (17) that obliges every citizen to protect public funds, which is not possible without obtaining information related to that. Article (26) / 1st paragraph stipulates that public jobs are a national service aimed at the public interest, allowing this service to be monitored and accessed including the extent to which it achieves the public interest.

As such, Law No. 12 of 2020 regarding the right to access information is a positive, yet undoubtedly late, development in Kuwait because it provides a legal framework for how citizens can exercise their right to access relevant information. Article (2) affirmed the authenticity of this right for the citizen, when it stipulated: “Every person has the right to access and obtain information in the authorities’ possession.” It has then clarified the scope of practices and limits: “in a way that does not contradict this law and the legislation in force.” This refers to a group of laws such as the Press and Publications Law, the Electronic Media Law, the Cybercrime Law, the Penal Code and others. Article (2) added: “He [the citizen] has the right to review administrative decisions that affect his rights and to be informed of the information contained in each relevant document.”

These entities include, according to Article (1): “… ministries, public authorities and institutions and other public legal persons, Kuwaiti companies in which the state or one of the aforementioned entities contributes by more than 50% of their capital, and private companies and institutions that keep information or documents on behalf of these bodies … “. There is no doubt that this definition includes all institutions and agencies operating in the state, allowing access to information of vital importance to the lives of citizens and the manner of conducting and managing state affairs.

Article (3) of the law requires that: “these entities facilitate access to information, and ensure that it is disclosed at the time and in the manner stipulated in this law.” In the second paragraph of the same article, it also requires: “appointing one or more specialized employees to consider requests for information, with sufficient experience and expertise in this area, and granting him the necessary powers to look for and access the required information and present it to those who request it.”

In order to secure this information, Article (4) of the law stipulates that: “every authority must organize, classify and index the information and documents it has in accordance with the professional and technical principles in force, and classify what must be considered confidential and protected in accordance with the law within two years from the date of this Law”. Article (5) also obligates: “entities of publishing a directory containing lists of information available to be disclosed on their website within three years from the effective date of this law.”

In its subsequent articles, the law regulated the procedures for receiving the request for information, the method and duration of responding to it, and grievance procedures in the event of rejection, which must be justified, allowing the opportunity to resort to the administrative judiciary to challenge this rejection. Article (12) – which was general and used broad terms – addressed information that is prohibited from disclosure, referring to ten cases, including “national security, public security, or defense capabilities … and the impact on the course of justice … on the economy, health and the environment … “.

There is no doubt that this article, in addition to what was mentioned in the second paragraph, greatly narrows the scope of this right, and almost deems the law void of its content, as it is a legislation to expand popular control over the performance of public administration in its various departments in a way that serves and achieves the public interest. It also contributes to combating corruption which required legislators to introduce amendments that correct the deficiencies, narrowness and imbalances of this law.