US embassy cable - 04KUWAIT3769

UNCLAS SECTION 01 OF 02 KUWAIT 003769 
 
SIPDIS 
 
STATE PLEASS PASS USTR JFENNERTY 
 
E.O. 12958: N/A 
TAGS: ETRD, PHUM, PREL, KIPR, KU 
SUBJECT: AMBASSADOR AND INFORMATION MINISTER DISCUSS IPR, 
WOMEN'S RIGHTS AND THE HUMAN RIGHTS REPORT 
 
REF: A. KUWAIT 3633 
 
     B. KUWAIT 1558 
 
This cable is sensitive but unclassified; please protect 
accordingly.  Not for internet distribution. 
 
1.  (SBU) SUMMARY AND COMMENT.  In a lively November 3 
courtesy call on Minister of Information Muhammad Abulhassan, 
the Ambassador discussed intellectual property rights (IPR), 
the prospect for Kuwaiti women's enfranchisement, and the 
State Department's Human Rights Report.  Abulhassan conceded 
that the Ministry has IPR enforcement problems, but said that 
he will correct these shortcomings by toughening penalties, 
increasing the number and power of Ministry of Information 
inspectors, and cracking down on public markets where 
counterfeits are openly sold.  The Ambassador emphasized that 
this is vital to moving forward toward a free trade 
agreement.  On women's enfranchisement, the Minister cited a 
split among the Islamist members of Parliament that the 
cabinet believes will help ensure passage of its draft 
legislation granting women the right to vote and run for 
office.  When the Ambassador asked how the Embassy could 
help, Abulhassan suggested that the U.S. remain silent to 
help counter opponents' charges that the legislation is being 
imposed from the outside.  Finally, with regard to the 2003 
Human Rights Report, the Minister suggested that the GOK and 
the Embassy work together to ensure that the next report 
reflects all available information, noting the extensive 
comments provided to us recently by the Justice Minister. 
The Ambassador underscored that the goal of the HRR is not to 
embarrass other nations but to protect human rights, and said 
an ongoing dialogue is precisely what we need.  END SUMMARY. 
 
2.  (SBU) COMMENT.  On IPR, Abulhasan said all of the right 
things, and his candor was disarming.  The key test, however, 
will be whether the Ministry follows through with these 
proposed changes, and it has a poor record in doing so. 
Abulhasan's confidence about the prospects for the women's 
rights legislation is encouraging, and the Islamic 
Constitutional Movement's recent decision to support women's 
rights bodes well for the passage of this legislation.  END 
COMMENT. 
 
 
Minister Admits IPR Problems, But Has Plan 
------------------------------------------- 
 
3.  (SBU) During a lively November 3 courtesy call, the 
Ambassador discussed intellectual property rights (IPR), 
women's enfranchisement, and the State Department's Human 
Rights Report with Minister of Information Muhammad 
Abulhasan.  Abulhasan, whose ministry is charged with IPR 
enforcement, preemptively raised the issue of IPR protection 
with the Ambassador.  He admitted that the Ministry has 
enforcement problems, but stressed that he is working to 
correct these shortcomings.  According to Abulhasan, these 
fixes include draft legislation to toughen penalties for IPR 
violators; increases in the number of Ministry of Information 
inspectors from 28 to more than 90 (with full authority to 
make arrests and seizures); and intensified scrutiny of the 
weekly "Friday Market," where pirated goods vendors abound. 
He said the Ministry has begun treating counterfeited 
products like illegal drugs and alcohol, and commented that 
this marks a significant change in attitude about IPR. 
Abulhasan observed that many Kuwaitis have cited the U.S.'s 
inability -- with so many available resources -- to eliminate 
the sale of counterfeit goods on New York City's streets as 
an excuse for Kuwait's lack of action.  However, he 
continued, the United States has adequate laws to protect 
rights-holders, which he hopes to emulate in Kuwait. The 
Ambassador thanked Abulhasan for raising IPR, and emphasized 
that the U.S. considers this to be an important issue that is 
vital to progress toward a free trade agreement. 
 
Women's Enfranchisement Likely Soon 
----------------------------------- 
 
4.  (SBU) The Minister told the Ambassador that he hopes the 
cabinet will succeed in pushing through its draft law 
enfranchising women and permitting them to run for elected 
office, which the National Assembly will take up in its 
current session.  According to the cabinet's information, 
there is a split among the Islamist members of parliament 
(MPs), with MP Nasser al-Sane's Islamic Constitutional 
Movement (ICM) now likely to support the bill.  In light of 
this, Abulhasan said, the cabinet has calculated that the 
bill has sufficient support to pass.  Abulhasan was critical 
of the more hardline Islamist MPs, one of whom condemned the 
Minister for running a television and radio campaign in 
support of the law, effectively "criticizing a governmental 
institution for supporting government policy."  When asked, 
the Minister also avowed that the cabinet will not settle for 
a partial victory that would grant women the right to vote 
but not stand for office, a compromise that some MPs are 
floating.  When the Ambassador asked if the Embassy could 
better help by offering its support or staying out of the 
debate, Abulhasan chose the latter, saying that this would 
deprive the bill's opponents of the chance to claim that this 
legislation is being imposed from the outside. 
 
Let's Work Together on Human Right's Report 
--------------------------------------------- --------- 
 
5.  (SBU) Abulhasan spoke briefly about the 2003 Human Rights 
Report (HRR) for Kuwait.  He noted that the Ministry of 
Justice has recently provided a detailed written critique 
(Ref A).  The Minister said that this marked the first time 
that Kuwait has responded directly and publicly to the HRR. 
He suggested that the GOK and the Embassy work together in 
advance of future reports' publication, to ensure that the 
report is accurate.  The Ambassador underscored that the goal 
of the HRR is not to embarrass other nations but to protect 
human rights, and he appreciated that the GOK paid sufficient 
attention to the report to prepare a rejoinder.  This would 
permit the GOK and the USG to have a constructive ongoing 
dialogue on human rights, the Ambassador added. 
 
 
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