HISTORY, ROLE AND STRUCTURE OF PAA
I-
History of PAAC.
II-
Role Of PAAC.
III- Structure of PAAC.
- Board of Directors.
-
Technical Commitee.
-
Judicial Commitee.
I- History of PAAC:
In May of 1991, the Kuwaiti government adopted
Decree Law number 6, officially establishing the Public
Authority for Assessment of Compensation for Damages
resulting from the Iraqi Aggression, better known as
PAAC, as the authority responsible for all aspects of
the UNCC claims process in Kuwait. PAAC is an
independent governmental body, subordinate only to the
Cabinet.
At that time, Kuwait was just coming out of
the emergency phase, the emergency and recovery program
had just been completed, and the country was entering
its reconstruction phase.
In spite of the difficult conditions, PAAC worked on
quickly organizing a workforce of highly qualified
professionals with a wide range of expertise in
assessing the losses and damages, and assisting in the
preparation of claims.
II- Role of PAAC:
The Primary Role of PAAC is to assess the
losses and damages resulting from the Iraqi invasion and
occupation. PAAC has exclusive competence for
considering all Kuwaiti claims for compensation, and
assisting claimants in preparing their claims before
submitting them to the UNCC.
PAAC was granted exclusive jurisdiction in kuwait to
submit claims to the UNCC on behalf of claimant of all
categories.
PAAC
is also entrusted with the role of following up the
claims that have been submitted, and assisting claimants
is rectifying all deficiencies and providing any and all
additional information and documents that the UNCC may
request while in the process of reviewing the claims.
III- Structure of PAAC
Given the magnitude and variety of losses and
damages sustained by the state of Kuwait and its
citizens, PAAC has had to establish and develop a large
and carefully designed system for processing claims.
A Board
of Directors heads PAAC, and is assisted by Technical
Committees and a Judicial Committee.
A- Board of Directors
The Board of Directors of PAAC is composed of
nine Directors representing the public and private
sectors. The Directors have been selected from the
leading ranks of the Kuwaiti society, and from several
professional realms, including banking, engineering,
architecture, accounting and business.
This selection reflects the will of the Kuwaiti
Government to conduct the claims process in Kuwait with
the highest level of professional integrity and
authority.
B-
Technical Committees:
PAAC created Technical Committees composed of
experts in various fields depending on the Technical
Committee to which they would be assigned.
PAAC also created a Medical Review Committee to assist
in the review of claims for losses related to injuries
or death resulting from the invasion. The Medical Review
Committee is composed of physicians and psychologists,
all of who were present in Kuwait during the invasion,
and are familiar with the medical conditions in the
country both during and after the invasion. PAAC
entrusted the Medical Review Committee with the task of
assessing all claims for injury and / or death.
C- Judicial Committee:
The Amiri Decree no. 6 called for the
establishment of a Judicial Committee to consider and
issue final decisions regarding the submission of to the
UNCC, and stated that the decisions of the Judicial
Committee would not be impeachable by any court or other
authority. However, the Decree mandated that the
Judicial Committee perform its duties in accordance with
the procedures and provisions of the decisions taken by
the Board of Directors, which is responsible for
defining the documentary and physical evidence required
for filing a claim.
The Judicial Committee is led by a member of the
Judiciary, appointed by the Minister of Justice and
Legal Affairs, and approved by the Supreme Judiciary
Council. The four other members of the Judicial
Committee are also prominent members of the Kuwaiti
legal community.