- Article 1 and article 14 of the agreement contradict each other; the first ensures countries execute the agreement in accordance to each country’s laws and constitutions while the later awards governments the full powers put mechanisms required to execute the agreement. The two articles attempt to circumvent the constitution; if the agreement is unconstitutional how can it give the government the power to execute it?
- Articles 2 states that States Parties cooperate to hunt down system outlaws and wanted and take necessary action against them. Without defining “system” “outlaws” or “wanted”
- Article 3 of the Agreement states “signatories must take legal action…against the intervention of citizens or residents in the internal affairs of any of the other States Parties,” which conflicts with articles 36 and 37 of the Kuwaiti Constitution which guarantee the freedom of expression (speech) and the freedom of the press.
- Article 4 allows for signatories to share the personal police and state security records of their citizens and residents upon the request of any signatory nation
- Article 10 states “States Parties, collectively or bilaterally, provide support and assistance in case of a request by any State Party shall, in order to meet security disturbances and disasters.” According to Former MP Adel Al-Sar’awi, this Article was added following the uprising in Bahrain, when the government asked for assistance in an “internal” issue and Kuwait declined to assist citing the Defense agreement was limited to “external” threats
- Article 11 allows (on a case by case bases) for the presence of one signatory’s officials at the stage of collecting evidence in crimes that occurred in another signatory’s territory and are relevant to its security.
- Articles 14 & 15 of the agreement allows for Emergency Services (including police) of one signatory to cross the borders of another signatory (up to a agreed upon point); thus violating the principle of National Sovereignty (and Article 1 of the Kuwaiti constitution)
- Article 16 “signatories are required to extradite any persons within its territory accused or convicted by the authorities of any other signatory”. This article conflicts with article 46 of the Kuwaiti constitution which prohibits the extradition of political refugees.
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