Identifier
Created
Classification
Origin
04KUWAIT3769
2004-11-03 13:40:00
UNCLASSIFIED
Embassy Kuwait
Cable title:  

AMBASSADOR AND INFORMATION MINISTER DISCUSS IPR,

Tags:  ETRD PHUM PREL KIPR KU 
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031340Z Nov 04
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.

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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