Administrative Report For the Period from 1/1 to 31/12 1
Tabel of Content Page subject 4 6 8 10 12 Introduction First: Kuwait Third Transparency Conference Second National Debate for Political Reform Third: Reform Perception Index (2009) Fourth: The Higher Commissariat for Election Transparency Monitoring National Assembly Elections for the Thirteenth Legislative Term 2009. Monitoring the Municipal Council Elections 2009 Monitoring the Parliamentary Council Elections in the Lebanese Republic Monitoring Presidential Elections in Mauritania 15 Fifth: Governance Committee (laws of disinterest and transparency) The (governmental) committee for governance and anti-corruption The governance committee (society) No Development with Corruption Campaign 19 Sixth: United Nations Convention Against Corruption (UNCAC) Conference of UNCAC member countries The International Day for Anti-Corruption 9/12/2009 Printing a boon on United Nations Convention Against Corruption (UNCAC) 2
Page 21 24 26 27 29 30 subject Seventh: Transparency Information Centre KTS Website The Electronic Library KTS Library Authors Against Corruption Monthly Reports Eighth: Independence of Judicial Authority Judicial Authority Position in the National Debate for Political Reform Corruption in Judicial Systems Book Toward an Independent Judicial System Symposium Isn t it Yet Time for Judicial Authority Independence Statement Ninth: Other Activities: Sound Ruling Club Mechanism of Periodical Comprehensive Perusal of Human Rights Council Training Course. A Training Course for Arab Journalists and Bolggers in the Field of Human Rights Partnership with Non-profit Organizations Tenth: International Relations: Corruption Perception Index (CPI) 2009 Participating in the Ceremonies of Establishing Jordanian Transparency Society Annual Conference of Transparency International Eleventh: KTS Internal Affairs Donations Bylaw Ramadan Ghabga (dinner banquit) Third General Assembly 2009 Board of Directors 3
Introduction On the seventh of March 2005, the constituent general assembly was held, and official name of Kuwait Transparency Society was approved as well as its Articles of Association. In addition, the first Board of Directors for the new society was elected and entrusted with following up the procedures of registering the society with the Ministry of Social Affairs and Labor. With the conclusion of the administrative and fiscal year of 2009, and holding the general assembly in the month of March 2010, we are putting off the fifth candle in the course of Kuwait Transparency Society, with these five years witnessing its continuous advancement. With this administrative report, KTS has completed its internal system with a group of bylaws: 1) Articles of Association 2) The Strategy Document 3) The Internal Bylaw 4) The Financial Bylaw 5) Conflict of Interest Bylaw. 6) Donations Bylaw KTS managed, within its general frame, to form a number of committees of a relatively independent nature, including: 1) Reform Perception Index in Public Entities A board of trustees was formed for the administration of this index, which commenced its first issuance in February 2008, and was issued for the second time in April 2010, announcing the annual arrangement of the public entities in Kuwait pursuant to the criteria of (transparency, disinterest, accounting, law respect, justice, equal opportunities, effectiveness and competition). The third issuance is being prepared and is expected to be released shortly during this year 2010. 2) The Higher Commissariat for Election Transparency This commissariat is formed during election seasons. It monitored the elections of 2006. The experience was further developed in monitoring the elections of the National Assembly of 2008, and was reconfirmed in monitoring the elections of the National Assembly 2009 followed by the elections of the Municipal Council 2009. The work of the commissariat extended abroad where it participated in monitoring presidential and parliamentary elections in other Arab countries. 3) Transparency Information Centre This centre forms the main core for KTS work as it provides data and information about all aspects of transparency and corruption fighting, both locally and internationally. The center runs the electronic website of the society and issues monthly reports about the status of corruption in Kuwait. It has a traditional and an electronic library, and supervises the publication of Authors Against Corruption book. 4
KTS managed to organize annual and periodical activities of a great effect like Kuwait Transparency Conference, which is held annually with the generous auspices of His Highness Sheikh Sabah Al-Ahmed Al-Jaber Al-Sabah, the Amir of the State of Kuwait. KTS is currently preparing for the fourth version of the conference in April 2010, to foster the annual aspect of the conference which annually introduces distinguished academic effort that intellectually enriches transparency issues with local and international experiences in different aspects. KTS also managed to achieve successes in the field of political reform. It combined all the national efforts on the level of the three powers; legislative, executive and judiciary, as well as different intellectual trends, social and cultural groups through The National Debate for Political Reform. When the final document of the debate was prepared, printed and distributed, KTS received a strong positive response due to its independence, neutralism and academic methodology. KTS worked hard on the application of the United Nations Convention Against Corruption (UNCAC), where it submitted a group of law proposals for the execution of the convention. KTS also performed a group of activities and studies in the field of the convention on the level of both the National Assembly and the Council of Ministers, in addition to its movement on the local, Arab and international levels for a serious and fast application of the text of the convention. On the occasion of concluding a year brimful of achievements, I wish in the name of the Board of Directors to thank all who participated with KTS in fostering reform and fighting corruption. Special thanks goes to: The elite KTS volunteers, including committees heads, members and other volunteers. Members of the National Assembly and political groups who supported KTS activities. A great number of the officials of the executive authorities. Head and members of the Higher Judicial Council for their continuous support of KTS. Heads of non-profit organizations and unions who never hesitated to support the works of KTS. Donating entities who provided appropriate finance for organizing KTS activities and opening its headquarters. The media, who played a vital role in delivering KTS message in several occasions. Special thanks and appreciation goes to His Highness Sheikh Sabah Al-Ahmed Al-Jaber Al-Sabah, the Amir of the State of Kuwait, for His generous auspices and continuous personal support of KTS. Wishing all brothers and sisters in KTS further Godspeed and success With best regards, Salah Mohammed Al-Ghazali Chairman 5
First: Kuwait Transparency Conference - 3 Under the auspices of His Highness Sheikh Sabah Al- Ahmed Al-Jaber Al-Sabah, the Amir of the State of Kuwait, KTS organized «Kuwait Transparency Conference 3 under the slogan of Kuwait as a Financial and Commercial Centre, during the period from 19-20 April 2009 in Movinpic Hotel. His Excellency the Minister of Social Affairs and Labor Mr. Bader Fahd Al-Duwailah attended the opening ceremonies on behalf of His Highness Sheikh Sabah Al- Ahmed Al-Jaber Al-Sabah, the Amir of the State of Kuwait. Then Mr. Salah Al-Ghazali, the Chairman delivered the speech of the organizers, following which Armors of Honor were distributed to the winning public authorities of Reform Perception Index for the year 2009. After the conclusion of the conference, a book was published including the papers submitted and discussed along the two days of the conference. The conference was managed by Mr. Salah Al-Humaidi as the head of the preparing committee, Dr. Riyad Al- Faras as the head of the academic committee and professor Masoma Ahmed.,, Along its two days, the conference covered the following main topics: Speakers Mr. Ahmed Yakob Baker, Minister of Commerce and Industry, and Minister of State for National Assembly Affairs. Professor Ramadan Ali Al-Sharrah, General Trustee of Investment Companies Union Dr. Adel Abdullah Al-Waqian, General Secretary of the Higher Council for Planning and Development. Mr. Majed Bader Jamal Al-Deen, Consultant of Kuwait Chamber of Commerce and Industry Dr. Radwan Ali Shaban, Director General of the International Bank in the State of Kuwait. Session Chairman Professor Rashed Shabib al-ajmi, Dean of the College of Administrative Sciences, Kuwait University. Topic First: Government Strategy Mr. Abdul Majeed Hajji Al-Shatti, Chairman of the Commercial Bank of Kuwait Mr. Ayman Abdullah Bodai, Chairman and Managing Director Securities House Company Mr. Abdul Aziz Mohammed Al-Rasheed Al-Bader, Director General of the Risk and Follow up Directorate, Kuwait Finance House. Mr. Yousif Jassim Al-Ubaid, Director of the Monitoring and Follow up Directorate, the Central Bank of Kuwait. Dr. Riyadh Yousif Al-Faras, Faculty of Administrative Affairs, Kuwait University Second: Capacity of the Financial Sector 6
Speakers Mr. Tawfik Ahmed Al-Jarrah, Chairman of Kuwait Commercial Complexes Company Mr. Faisal Ali Abdul Wahab Al-Mutawa, Chairman and Managing Director, Bayan Investment Company Mr. Abdul Elah Mohammed Rafea Marafi, Marafi Group Dr. Khaled Mohamed Al-Saad, Faculty of Administrative Affairs, Kuwait University Mr. Abdul Rahman Al-Humaidan, Head of the Municipal Council Lawer/ Abdul Aziz Taher Al-Khateeb, Taher Law Group Dr. Anwar Ahmed Al-Fuzaei, Professor of General Law, Kuwait University. Mr. Zaid Khaled Al-Nwaif, Assistant Undersecretary for Development and Administrative Affairs Civil Service Commission Session Chairman Mr. Esam Mohammed Al-Bahar, Member of the Board of Directors, Kuwait Chamber of Commerce and Industry Dr. Faisal Al-Fahad, Professor of General Law Topic Third Business Environment Fourth: Legislative and Administrative Construction Cover of the Conference Book 7
Second: National Debate for Political Reform The Debate discussed the means of political reform, and how to reach sustainable development via the achievement of the following secondary objectives: Discussing the perceptions of political reform in Kuwait and its required role in achieving economic development, and handling defaults of the three powers (programs and plans, the constitutional construction, and mechanisms), suggesting appropriate solutions thereof, fostering the concept of satisfaction in the ruling system, and maintaining the constitution as a base and reference for legislation. Ten closed session were organized at the end of the year 2008, then the organizing committee spent three months in preparing the final document. The draft of the document was presented in the final session of Tuesday 31/3/2009. An elite group of the participants of the, ten session was invited (30 persons), and presented their views concerning the final document for four hours. The final document was then finalized and printed in a book that was published on 16 th April 2009. The number of attendees of the opening ceremonies amounted to (150) male and female characters. The number of participants of the sessions amounted to (293) session, some of whom participated in more than one session. The number of papers submitted amounted to (15) academic papers Sheikh Fahd Salem Al-Ali, Mashari Al-Ghazali Zuhair Al-Muhaimeed, Salah Al-Ghazali, Yousif Al-Nisf 8
Abdul Rahman Al-Tawheed,. Dr. Masoma Al-Mubarak, Shaikha Al-Nisf Khaled Al-Saleh, Noriya Al-Saddani, Abdullah Al-Romi, Suaad Al-Jarallah A delegation of the organizing board of the national debate for political reform visited His Highness Sheikh Sabah Al-Ahmed Al-Jaber Al-Sabah, the Amir of the State of Kuwait, His Highness the Crown Prince Sheikh Nawwaf Al-Ahmed, The Head of the National Assembly Mr. Jassim Al-Kharafi, His Excellency the Prime Minister Sheikh Naser Al- Mohamed, and the Deputy Head of the Higher Judiciary Council Mr. Yousif Ghannam Al-Rasheed to present a copy of the debate document. During these visits, the delegation discussed the proposal of forming a board for following up, representing both the ruling family, political figures and the organizing committee. This proposal was received with initial approval from those met. Khadija Al-Mohaimeed, Sheikha Maymona Al-Azbi Al-Sabah Dr. Essa Al-Ansari, Sheikh Mohamed. Abdullah Al-Mubarak The announcement of the document was postponed till the completion of the organizing board, which was completed from different parties, including the judicial authority. However, the government hesitated in naming its representatives and the representatives of the ruling family. Therefore, the final document of the debate was announced in a press conference that was held in the headquarters of the society on the 2 nd of December 2009. Ahmed Lari, Ahmed Al-Adasani, Khaled Al-Saleh Members of the Debate Organizing Board 9
The index aims at: Third: Reform Perception Index 2009 Setting criteria for evaluating the performance of public organizations in Kuwait, pursuant to the requirements of transparency, disinterest, and service development. Encouraging positive competition among the public sector organizations, their leaders and staff. Spreading reform knowledge concerning the importance of fighting administrative and financial corruption among people working in the governmental sector. Urging all the governmental employees toward reform, performance development, upgrading services and maintaining public monies. Index gradual participation in the development of work regulations and bylaws via benefiting from criteria and transforming it into a comprehensive program for fighting corruption within public organizations. Participation in highlighting distinguished organizations in the media. Board of Trustees To guarantee that the work of the index is performed pursuant to the academic basis in this regard, a board of trustees was established from a group of experts in the administrative, financial, and statistical affairs who adopted the document of the index that covers the elements of evaluating public organizations in the state. The board manages all affairs of the index; technically, administratively and financially pursuant to the bylaws of Kuwait Transparency Society. The Board of Trustees is composed of:, Evaluation Criteria The Board of Trustees with the company that executed 2010 index Evaluation Criteria were distributed in order that the result at the end of the index s work to reveal for us the level of (transparency, disinterest, accounting, law respect, justice, equal opportunities, effectiveness, competition) in governmental entities, so that we can identify the best governmental entity in the six fields as well as the worst one. 10
2010 index 2009 index Salah Mohammed Al-Ghazali Salma Hamad Al-Essa, Delegate of the Reform Index Dr. Ahmed Mohamed Bozobor 2008 index Dr. Riyad Yousif Al-Faras Dr. Ali Abdul Razzak Al-Kazmi Dr. Fahima Abdul Hamid Al-Awadi Dr. Jassmim Mohamed Al-Tammar Dr. Amani Khalid Borisly Timing: The index is prepared, and its results are announced, on annual basis within the first quarter of every year. Work is currently being finalized for releasing the results of the third version of the index in March 2010. Praise and Appreciation: The indicator was positively received by public organizations, the National Assembly and the press. Kuwait Transparency Society received several letters of praise and appreciation from both the legislative and executive powers as well as the officials in public entities. The results received a wide coverage of the local newspapers. KTS also received an invitation from Transparency International (TI) to present the index in the constituent conference of Jordan Transparency Society, which was held in Amman. To assure the benefit of the results of the index, the index booklet was re-distributed to the Ministers who were assigned new ministries other than those they originally held. Cover of the Indicator Book From right to left Salma Al-Essa, Director General of the Public Authority for Minors Affairs, Ali Al-Ulaimi receiving the index armor, Salah Al-Ghazali, Dr. Riyadh Al-Faras, Dr. Jassim Al-Tammar 11
Fourth: The Higher Commissariat for Election Transparency The commissariat is concerned with managing the election process in general in the State of Kuwait in both the National Assembly and the Municipal Council, in addition to monitoring presidential elections in republican states and parliamentary elections based on an official invitation received by KTS from those countries. The commissariat is managed by a monitoring board composed of the following figures: o Salah Mohammed Al-Ghazali Head o Dr. Faisal Abdul Wahab Al-Fahad Member o Professor: Masomah Ahmed Mohammed Ibrahim Member o Eatedal Faisal Al-Ayyar Member o Majed Mufarrej Mohammed Al-Mutairi Member o Dalal Khalid Abdullah Al-Bader Member o Sahar Abdullah Al-Hamli Member Monitoring General Assembly Elections for the Thirteenth Legislative Term 2009 Upon the issuance of the decree by law of dissolving the National Assembly on 18 March 2009, the commissariat commenced its work via the declaration issued on 19/3/2009. The commissariat issued its first report on 23 March 2009 and continued to issue its weekly report every Monday and publishing it in all newspapers next day (Tuesday). The commissariat issued nine reports which are published on the society s website. Newspapers were also provided with a copy thereof, and it was published by all of them. The final report on monitoring the elections of the National Assembly for the year 2008 was published in 142 pages, and is divided into two parts: The first part was on preparation for the elections and the second was on voting and vote counting. At the end, the report submitted thirteen recommendations to benefit from them in the next elections. The book was distributed to official entities and media, and was published on the official website of Kuwait Transparency Society., Cover of the Commissariat Book Despite the keenness of the commissariat to practice its monitoring role in the elections, and its ability to obtain the approval of the Higher Judicial Council to participate in following up the elections, the consultative committee supervising the elections of the National Assembly refused the volunteers of the commissariat to officially enter the voting centers. A hot debate took place between the consultative committee and the commissariat, where the committee insisted on violating the desire of the Higher Judicial Council. However, the commissariat managed to enter several voting centers 12
via individual decisions from the judges heading such committees. The commissariat managed to monitor the elections of the Municipal Council after the members of the consultative committee were changed. Third Training Course for Volunteers Second Training Course for Volunteers Volunteers Honoring Celebration Kuwait Transparency Society received several letters of thanks and praising of this publication, on top of which comes that of His Excellency the Head of the Council of Ministers. Monitoring the Elections of the Municipal Council 2009 After the elections of the National Assembly, the elections of the Municipal Council for 2009 took place. The commissariat was keen to participate in monitoring the elections and managed to do so after the consultative committee understood the role of the civil society in monitoring elections. KTS issued its report in this concern followed by a group of recommendations. Monitoring the Parliamentary Council Elections in the Lebanese Republic: A delegation from the High Commissariat for Election Transparency participated in monitoring the Lebanese Parliamentary Elections which was held on 7/6/2009. The delegation comprised the head of the commissariat Mr. Salah Al-Ghazali, and the members Dr. Faisal Al-Fahad, Ms. Sahar Al-Hamly. This was in response to the Lebanese Society for Democracy of Elections. The participation of the delegation was part of the Arab Monitoring Team, which included 37 figures of experts, journalists, and civil society activists from 17 Arab countries. 13
KTS delegation in the headquarters of Arab monitors His Excellency the Kuwaiti Ambassador to Beirut Receiving the KTS delegation The delegation attended a training workshop, and visited a number of elite political figures in Lebanon, in addition to its participation in issuing the final statement of the election results. The delegation also reviewed the election experiences in Lebanon, including the financial bylaw of election campaigns, the administrative system followed in the Lebanese society toward the volunteering supervisors in addition to the administrative system applied in communicating with the Arab monitors during the elections. Sheikh Saad Al-Hariri receiving the Kuwaiti and the Saudi delegations In the Lebanese Ministry of Interior with Bahrain Transparency Society Monitoring Presidential Elections in Mauritania: KTS received an official invitation from the Arab Organization for Democracy for monitoring the Mauritanian Presidential Elections held on 18 July 2009. KTS was represented by Professor Masouma Ahmed Mohammed Ibrahim and Mr. Mostafa Murad. This was a good chance to closely know the Arabian election systems, and to work with a team from different Arab countries on monitoring elections and exchanging experiences. Professor: Masomah Ahmed Mohammed Ibrahim Mr. Mohamed with Professor Masouma in one of the election centers 14
Fifth- Governance Committee (Laws of Disinterest and Transparency) The (Governmental) Committee for Governance and Anti Corruption In August of the year 2008, the Council of Ministers decided to form (The Committee for Governance and Anti Corruption) from several entities. KTS was named as a member of this committee, whose work continued for less than one year till the government contracted with the International Bank as a consultant for the committee s works. The committee formed several work teams in which KTS was a member, represented by the following persons: 1) Mr. Salah Al-Ghazali Member in the main committee 2) Dr. Faisal Al-Fahad member of the working team on reviewing advancement in the application of the conventional obligations of the UNCAC. 3) Emad Jassim Burashid member of the team supporting government efforts in the preparation of legislations for protecting whistle blowers. 4) Ghadeer Al-Omran member of the team supporting governmental work for preparation of the law for financial disclosure. 5) Mr. Abdul Hamid Ali Abdul Moneim member of the working team for preparation of the law for freedom of data exchange. 6) Salma Hamad Al-Essa member of the working team for supporting governmental work on the preparation of the law of conflict of interest, and the law of conduct in civil service. The working teams performed several missions assigned to them, and two of KTS representatives were appointed as heads of the two working teams in which they participated; these were Mr. Burashid and Dr. Fahad. KTS Governance Committee In view of the stoppage of the works of the Governmental Governance and Anti Corruption Committee, and as it was noticed that the academic papers prepared by the working team sufficed by drafting the required laws, and did not perform them, KTS formed the Governance Committee from amongst its members representing KTS in the Main Committee and the working teams. These members prepared the following five law proposals: 1) The Law of Anti-Corruption 2) Financial Disclosure Law 3) The Law of Conflict of Interest: 4) The Law of Protecting Whistle Blower 5) The Law of the Right of Perusal. No Development with Corruption Campaign After the government introduced the general frame of the next five-year plan, including the five law proposals, it was noticed that the government did not include these proposals among its priorities intended to be presented to the National Assembly. Therefore, KTS decided to organize a media campaign under the slogan of No Development with Corruption via forums and press, in addition to approaching the National Assembly 15
and discussing with the members of the priorities committee to convince them of the importance of transparency laws, including them among the priorities of the council and their approval in the session of 9 December 2009, which coincides with the International Day for Anti Corruption. The governance Committee performed the following activities: On Monday 28 September 2009, the Transparency Forum was held, where press, media and KTS members were invited to talk about the objective of the campaign, its phases and KTS projects. The forum received a good coverage and most of the newspapers Members of the Governance Committee: : Emad, covered this activity on Wednesday Salma, Salah, Abdul Hamid, Ghadeer. 30/9/2009. A visit was paid to the Deputy Head of the National Assembly Mr. Abdullah Al- Romi, Head of the Parliamentary Priorities Committee. The visit was attended by the following ladies and gentlemen: Salah Al-Ghazali, Salah Al-Humaidi, Abdul Hamid Ali, Salma Al-Essa. The meeting was also attended by the member of the National Assembly and Member of the Board of Directors Dr. Salwa Al-Jassar. th On the 5 of October 2009, the Transparency Forum was held, where non-profit organizations and student lists were invited. Attendees included representatives from 17 entities pursuant to the following table: The Meeting Lawyers Society, Labor Union, KTS, Union of Women Organizations, the Society of Protecting Public Monies Kuwait Society for Protecting Public Monies Kuwait Society for Accountants and Editors Kuwait Social Activist Society Kuwait Society for Basic Elements of Human Rights Graduates Society Kuwait Enigneers Society Child Education and Evaluation Centre Kuwait Society for Human Rights Social Reform Society Labor Union of Oil and Petrochemicals Women Cultural and Social Society Kuwait Lawyers Society Kuwait Transparency Society Kuwait Teachers Society Kuwait Labor Union Kuwait Union for Women Organizations Democratic Middle List - Kuwait University 16
On 12 October 2009, the Transparency Forum was held, where member of the National Assembly were invited. The following eleven members attended: Al-Abdul Hadi,. Dr. Assel, Johar Al-Mutawa, Al-Dekbasi, Al-Ghazali, Bin Essa, Al-Sarawi Dr. Salwa Al-Jassar Adnan Al-Mutawa Hussein Al-Hariti Adel Al-Sarawi Khaled Sultan Bin Esa Hassan Johar Dr. Aseel Al-Awadi Dr. Rola Dashti Ali Al-Dekbasi Saleh Ashor Naji Al-Abdul Hadi The forum on the Law of Anti- Corruption This forum was held on Monday 02/11, where KTS Chairman Mr. Salah Al-Ghazali delivered a speech. Professor: Masomah Ahmed. Mohammed. and Mr. Al-Ghazali Forum of Financial Disclosure Law This forum was held on Monday, 09/011, with participation by the member of the National Assembly Mr. Adel Al-Sarawi, the Head of Kuwait Society for Accountants and Editors Mr. Mohammed Al-Hajri, and the Chairman of KTS Mr. Salah Al- Ghazali Al-Hajri, Al-Sarawi and Al-Ghazali 17
The forum on Law of Conflict of Interest This forum was held on Monday 16/11, with participation of two members of the National Assembly Mr. Saleh Al-Mullah and Dr. Rolla Dashti, and the member of KTS Board of Directors Salma Al- Essa. Al-Essa and Al-Mulla Forum of The Law of Protecting Whistle Blower This forum was held on Monday 23/11, with participation of the Member of the National Assembly Mr. Abdul Rahman Al- Anjari, and the constitutional expert Dr. Mohamed Al-Muqatea, and the Chairman of KTS Mr. Salah Al- Ghazali. Al-Anjari, Al-Ghazali,. Dr. Al-Muqatea The following four law proposals were submitted to the National Assembly: The law of anti-corruption, the law of conflict of interest, the law of financial disclosure and the law of protecting whistle blower. This took place in cooperation with the following thirteen male and female members: Marzouk Al-Ghanim Dr. Rola Dashti Dr. Salwa Al-Jassar Adel Al-Sarawi Abdul Rahman Al-Anjari Saleh Al-Mulla Khaled Al-Sultan Abdullah Al-Romi Mohamed Barrak Al-Mutairi Dr. Aseel Al-Awadi Ali Al-Rashed Dr. Masoma Al-Mubarak Dr. Ali Al-Umair KTS in participation with thirteen other public interest societies published a halfpage ad in Al-Qabas newspaper including the names and pictures of all National Assembly members and their stance toward the anti-corruption laws proposed to the National Assembly. KTS published an announcement regarding the non-holding of the National Assembly session of 9/12/2009 allocated for discussing the laws of anti-corruption. The announcement was published in most of the local newspapers. The reason was the four interrogations held on 8 December and their extension till the first hours of the next day. KTS expressed its great frustration of losing this important occasion and wasting the golden chance of approving a group of laws badly needed by the people of Kuwait on both the local and international levels. KTS requested a replacement session at the earliest possible time for approval of the five law proposals. 18
Sixth: United Nations Convention for Anti Corruption (UNCAC) Conference of UNCAC Member Countries The United Nations organized the third session for UNCAC member countries, which was held in the State of Qatar during the period from 9 to 13/11/2009. KTS participated in that important conference to present a positive image about the level of governmentalnational cooperation for anti corruption in the State of Kuwait. KTS was represented by: its Chairman Mr. Salah Al-Ghazali and its board member Mr. Salah Al-Shammari. The conference was a good opportunity to meet several regional and international parties, and view their experiences in anti corruption. We also met with the head of the conference; the Qatari General Prosecutor Mr. Dr. Ali Bin Fatis Al- Merri, who was presented a copy of the book entitled «Corruption in Judicial Systems» which was translated and published by KTS. We also met with the national organizations participating as part of the Arab delegations from Bahrain, Yemen, Palestine, Lebanon, Algeria and Morocco, in addition to Transparency International. The International Day for Anti Corruption 9/12/2009 The International Day of Anti Corruption on 9/12/2009 coincides with the 6 th anniversary of issuing (United Nations Convention for Anti Corruption) in 2003, which was signed in the same year by the Kuwaiti government, and ratified by the Kuwaiti National Assembly in 2006. The law No. 47/2006 was issued approving the convention and was published in the official gazette on 10/12/2006. Document of Supporting the Application of the Convention Part of the Attendees Another Part of the Attendees 19
In this occasion, KTS organized a forum for reviewing the convention, and how far it is applied on the local level. This forum was held on Monday 7/12/2009 in the KTS headquarters. It was attended by a number of politicians, authors, and interested parties. During the forum speeches were delivered by the Chairman of KTS Mr. Salah Al-Ghazali, the head of Authors Against Corruption committee Dr. Riyadh Al-Faras, and the member of Kuwaiti Parliamentarians Against Corruption Mr. Khames Talq Uqab. The speech of the authors was delivered by Dr. Ghanim Al-Najjar. In this occasion, the attendees were invited to sign a supporting document for the application of (the United Nation Convention for Anti Corruption). Publishing the Book United Nations Convention for Anti Corruption Out of its keenness to spread transparency and anti corruption culture, KTS published the booklet containing the law of the convention in Arabic. It was distributed in the Member Countries Conference in the State of Qatar. Internally, it was also distributed to the Members of the National Assembly and the concerned governmental organizations, in addition to its distribution to the public in general. Book cover 20
Seventh: Transparency Information Centre KTS Website: KTS website; www.transparency-kuwait.org or www.shafafeyah.org is considered as the largest Arabic site specialized in Arabic website specialized in the issues of transparency, disinterest and anti-corruption. The number of visitors of the website till the end of 2009 exceeded 950 thousand visitors, which indicates an immense increase in the number of visitors. News of transparency are monitored in local and international newspapers as well as websites on daily basis and on three levels: Monitoring all news published about Kuwait Transparency Society. Monitoring daily published news directly relevant to financial and administrative corruption in Kuwaiti public entities. Monitoring the news of transparency and anti corruption world wide as derived from several specialized news sites. 21
The centre usually avails the possibility of downloading all publications of Kuwait Transparency Society from its website to its audience. The site also publishes international reports issued by TI and other relevant organizations once announced. The Electronic Library: KTS website includes an electronic library of over 1650 references in both Arabic and English categorized pursuant to the following thirteen categories: Sound ruling, citizenship, transparency and anti corruption, administrative corruption, freedom of access to information, transparency in the private sector, transparency and religion, electronic government, disinterest of electoral and parliamentarian performance, civil society, women empowering, money laundry and codes of conduct. Transparency Library Kuwait Transparency Society started with its moderate capabilities to establish a library that includes a group of specialized books in the fields of its work in both Arabic and English. The library includes different types of readable, audio and visual publications like: Books, periodicals, researches and studies, video tapes, cassettes, CDs, DVDs and pictures. Till the end of 2008, the library included five hundred titles. Kuwait Transparency Society Library under construction Authors Against Corruption Committee Due to the scarcity of reference and studies in the Arabic library in the subjects of transparency, disinterest, accounting, conflict of interest and anti corruption, KTS established a committee that combines both academic and professional aspects for collecting, categorizing and selecting the articles published in the local daily newspapers, and to publish such articles in an annually published book to be a new addition to the Arabian Library, and to compile such books over years as references in such important issues to be an honest documentation of the course of transparency and corruption in Kuwait. 22
For this purpose, a committee was established comprising an elite group of authors and thinkers: 1) Dr. Riyad Yousif Al-Faras 2) Mr. Abdul Hamid Ali Abdul Monem 3) Professor: Masomah Ahmed Ibrahim 4) Professor Essa Al-Ansari 5) Mr. Bassam Al-Asosi 6) Mr. Ahmed Essa. The committee performed its work by publishing the book after reviewing more than 2000 articles and selecting 180 articles by 120 authors. The publication of the book was announced, and its distribution commenced in the International Day for Anti Corruption corresponding to the 9 th of December in the attendance of an elite group of authors, public figures and the members of KTS. Book cover Monthly Reports Due to the many corruption cases on the local level in different governmental entities, KTS started issuing a monthly report that reviews the events of the month and comment on them. This report depends on the daily updated database of transparency information centre. The first report was on the month of November 2009, followed by that of December of the same year. Such reports are published in local newspapers, and are positively received by politicians and the public. 23
Eighth: Independence of Judicial Power War against corruption depends mostly on judgeship, and the increasingly growing arsenal of weapons of anti corruption includes laws depending on the just and neutral judicial systems executing such laws. Therefore, KTS works for supporting the judicial power pursuant to article 162 and 163 of the Kuwaiti constitution in several activities and programs. Judicial Authority in the National Debate for Political Reform The national debate for political reform was organized to present a series of issues that, if applied, shall represent a lot of positive support for the work of the judicial power. Therefore, two sessions of the debate were allocated for the Judicial Power : First Session Included lectures for both consultant Adel Burisly, and the lawyer Naser Al-Duwailah Second Session Two lectures were delivered by the member of the National Assembly Mr. Ali Al-Rashid, and Dr. Temah Al-Shammari from Kuwait University. The two sessions witnessed participation of judges, lawyers, law scholars, and politicians in two closed sessions not covered by the press, and covered the following subjects: 1- Consummation of Judicial Power: Handled support of the independence of the judicial power, the formation of the higher judicial council, the constitutional court, the state council, the administrative prosecution and activation of courts procedures. 2- Judicial Appointments: These include independent judicial appointments, continuous training, delegating judges, women judges, and the employees in the judicial organizations. 3- Accounting and System: Including the restricted immunity, complaining system, judicial inspection, judges litigation, rules of conduct. 4- Transparency: Includes judges financial obligations and reveal of conflict of interest «Bangalore Principles 5- Management of Judicial Services: Includes simplification of procedures, specification of responsibilities, judicial transfers, filing cases, judicial management, e-judgeship, privatization of announcement, privatization of experts department and criminal proofs, and maintenance of cases files. A comprehensive document was prepared concerning judgeship and the political reform in both the legislative and the executive powers. 24
Corruption in Judicial Systems Book: Transparency International issues an annual book about international corruption. TI report for the year 2007 was about corruption in the judicial systems. It included a detailed study of the judicial systems in about fifty countries around the world, not including the State of Kuwait. In view of the importance of the experiences included in this book regarding the management of judicial authority in that large number of countries around the world, the book is believed to be of a great importance for the judicial authorities in the Arab world, judges themselves and officials in this important authority. Therefore, KTS translated the book into Arabic and published it to avail it for the largest possible benefit, and for support and development of judges in the Arab world. The book was then distributed to a great number of judges and lawyers in Kuwait and abroad. Towards and Independent Judicial System On 9 November 2009 KTS held a forum under the title of Towards and independent judicial system, which was attended by the head of the legislative and legal committee in the National Assembly, the MB Mr. Hussein Al-Hariti, the consultant in the judicial authority Mr. Adel Burisly, and the head of Kuwait Lawyers Society, the lawyer Omar Al-Essa. Isn t it Yet Time for Judicial Authority Independence Statement The Cover of the Arabic Version of the Book Al-Essa, Burisly, Al-Ghazali, Al-Hariti KTS issued a statement on the 16 th of November entitled Isn t it yet time for judicial authority independence? This statement is meant to assure the importance of judicial system independence and the approval of the judicial power law proposal submitted to the National Assembly in the same month. 25
Sound Ruling Club Ninth: Other Activities There is a group of persons interested in public work. The seek to reach the positions of decision making in both legislation and censorship to serve their country and its citizens. Such persons need further culture and perception to make them more able to be more giving in case they reach the position of setting legislation for further development, and monitoring its execution. The idea of the club is to provide such active public figures with the necessary cultural content, pursuant to the internationally known requirements of sound ruling, which handle the Kuwaiti reality and the anticipations of its people for further development and further harmony with its ruling system. The establishment of the club was announced in the local press, and the door for registration was opened during the month of December, provided it will start its activities on the 9 th of January 2010. Mechanism of Periodical Comprehensive Perusal of Human Rights Council Training Course. In cooperation with Geneva Institute for Human Rights» KTS organized a training course entitled: Mechanism of Periodical Comprehensive Perusal of Human Rights Council on Sunday and Monday 15-16 October 2009. The course was attended by 16 participants, where invitations were directed to: The Kuwaiti Society for Human Rights, The Kuwaiti Society for Main Elements of Human Rigths. Graduates Society, Kuwaiti Union for Women Organizations, General Union for Kuwait Labor, Kuwait University. A Training Course for Arab Journalists and Bolggers in the Field of Human Rights In response to the invitation of Human Rights Information Training Centre (HRITC) located in Yemen to attend the regional course for Arab journalists and bloggers in the field of human rights in Beirut, KTS participated in this course by nominating one of its members; Mr. Kutaiba Al-Atiqi to attend this important course. Partnership with Non-profit Organizations Many non-profit organizations seek to organize a charter for partnership among them to support common interests of the civil society. KTS is keen to participate in such meetings on continuous basis. KTS also participated in this effort by introducing a paper of the required charter, which is being discussed for approval. 26
Annual Conference of Transparency International (TI) Tenth: International Relations Transparency International (TI) holds its annual conference every year, and KTS is keen to participate in that conference being an important opportunity for meeting TI officials, communicating with different transparency societies around the world and benefiting from their experiences. The conference was held in Berlin City in Germany during the period from 15 to 19 October 2009. KTS was represented by Mr. Salah Al-Ghazali, Mr. Salah Al-Humaidi, and Mr. Salah Al-Shammari. One of the meetings Corruption Perceptions Index 2009 The board reviewed the results of the Corruption Perceptions Index (CPI) for the year 2009, issued from Transparency International. Kuwait ranked 66 (the sixth on the level of the Gulf countries) after it was 56 (the fifth on the level of the Gulf) in 2008, which is an alarm of the increase of administrative and financial corruption in the state despite the fact that Kuwait enjoys the most profound democratic system in the area. KTS held a press conference on the 17 th of November to explain the report, and reassured the importance of applying the United Nations Convention for Anti Corruption (UNCAC), signed by the Kuwaiti government in 2003, and ratified by the National Assembly in 2006, as well as approving the five anti corruption law proposals submitted by KTS in addition to enhancing citizenship in the society. Al-Essa and Al-Ghazali in the Press Conference 27
A Workshop on Identification of Corruption Level in the Arab Countries: KTS received an invitation from the Arab Foundation for Democracy to attend experts meeting on measuring and studying the level of corruption and disinterest in the Arab countries during the period from 15 to 16 May 2009 in Beirut, where the Arab organization for Fighting Corruption participated in the organization of the workshop, and the Arab experts represented the organizations concerned with fighting corruption and transparency societies in Iraq, Egypt, Lebanon, Palestine and Kuwait. The workshop aimed at exchange of views regarding cases and reasons of corruption, analyzing its types and factors in the Arab countries to come up with directives and suggestions that support the efforts of anti corruption, the efforts of administrative, financial and political reform. The workshop also focused on methods of measuring corruption, evaluating the level of its spread, and identifying it. The workshop further reviewed the experiences of other countries in fighting corruption, in addition to the experiences of some Arab countries in this regard. KTS was represented in this meeting by Mr. Salah Al-Ghazali who presented a paper on the reform perception index in public organizations, and Mr. Salah Al-Shammari. Participating in the Ceremonies of Establishing Jordanian Transparency Society KTS participated in a workshop in the Hashemite Kingdom of Jordan under the title of Building Capacities, held during the period from 24 th to 25 th of July 2009 in response to an invitation from Transparency International on the margin of announcing the establishment of the Jordan Transparency Society. KTS was represented in these ceremonies by the member of the board of directors and the commissioner of reform perception index in public organizations Mrs. Salma Al-Essa, who presented an academic paper on the Reform Perception Index. Preparatory Conference for the Future Forum 2009 In response to the invitation of the Arab Foundation for Democracy, KTS participated in the preparatory conference which was held during the period from 12 to 13 October 2009 in Doha, State of Qatar for preparing for the international conference Future Forum. The title of the preparatory conference was social development. Toward a New Perspective of Human Security in the Arab Countries. KTS was represented by its Chairman Mr. Salah Al- Ghazali, who assured in his speech the necessity of requesting governments of the area to abide,by the criteria of sound ruling including transparency, disinterest, accounting and anti corruption. 28
Eleventh: KTS Internal Affairs Donations Bylaw Financial support of the national organizations is considered as the main source of income for any non-profit organization seeking to serve and support the issues of society. KTS finances its activities from many sources, pursuant to its Articles of Association, section three- KTS financial issues, and pursuant to the financial bylaw, section two - financial resources. The Board of Directors approved the acceptance of donations, financial and material gifts through the bylaws which handled the following aspects: Local donations and gifts, including public entities, companies enlisted in Kuwait Stock Exchange, other Kuwaiti companies, individual organizations and individuals. International donations and gifts, including donations and gifts from international governmental organizations, international non-governmental organizations, foreign commercial companies, foreign governments and organizations affiliated thereto. Administrative procedures concerning the transparency in accepting financial and material donations and gifts. Ramadan Dinner Banquet: Within the scope of its social activities for communicating with its members of all sectors of the society, Kuwait Transparency Society organized a Ghabqa (dinner banquet) in Ramadan which was attended by several members, parliamentarian and social figures. KTS also organizes a weekly Diwaniya on Mondays. The Third General Assembly 2009 The third general assembly meeting was held on Monday 16/3/2009 where the administrative and the financial reports were discussed and approved. 29
Salah M. Alghazali Chairman salah@transparency-kuwait.org alghazalis@yahoo.com - Board 2008-2010 Ahmad A. Almelaifi Deputy Chairman almelaifi@hotmail.com Salah A. Alhumaidhi Secretary General Alhumaidhi@transparency-kuwait.org Abdulilah M.R Marafie Treasurer marafie@marafiegroup.com Salma Hamad Alessa Reform Perception Indicator Commissioner salma@transparency-kuwait.org salma@qualitynet.net Dr. Salwa A. Aljassar Chairman - Women empowerment Center salwa@transparency-kuwait.org Salah A. T. Alshammari International Relations Commissioner salah.alshammari@transparency-kuwait.org 30