HUMAN RIGHTS COMMITTEE CONSIDERS REPORT OF KUWAIT

The Human Rights Committee has considered the second periodic report of Kuwait on the measures undertaken by that country to implement the provisions of the International Covenant on Civil and Political Rights.

Presenting the report, Dharar A Razzooqi, Permanent Representative of Kuwait to the United Nations Office at Geneva, said that Kuwait was very keen to cooperate in strengthening human rights and dignity, and was committed to establishing a national institution for human rights in accordance with the Paris Principles. Achievements had been made in the fields of civil and political rights, free education and healthcare, and decent housing for citizens. Kuwait sought to combat all forms of forced labour and human exploitation for unlawful purposes. Women’s rights achievements included the election of four women as members of the National Assembly after women gained full political rights, the right of women to housing, to independent travel, and equality with men in both public and private sector appointments. In response to the Universal Period Review recommendations, Kuwait had created a central institution to tackle concerns of illegal residents, and to provide them with free healthcare, free education, official documentation and food ration cards.

Over the course of three meetings the Kuwaiti delegation answered questions posed by Committee members on the status of the Convention in Kuwaiti law, and its status alongside national and Sharia law, and also on the prospects of making polygamy illegal, and specifically criminalizing marital rape, honour killings and domestic violence. Issues such as the status and rights of non-documented persons in Kuwait, including the Bedoon, were widely discussed and also remaining inequalities between women and men, capital punishment and pre-trial detention. Committee Experts expressed concerns about media and Internet censorship, and freedom of religion and expression.

In concluding remarks, Mr. Razzooqi assured the Committee that the Government considered the Covenant to be part of Kuwaiti law and to have supremacy over national law. However there were certain aspects of Sharia law that Kuwait abided by. It was not easy to correct or adapt laws, and it was a long process of legislative reform debate. Kuwait would do whatever was necessary to abide by their obligations under international law, would convey the Committee’s comments to the Government and hoped that in the future they would have a woman judge.

In preliminary concluding remarks, Zonke Zanele Majodina, Chairperson of the Committee, expressed the Committee’s appreciation to Kuwait for its commitment to fulfil international obligations, and thanked the delegation for its patience and clear answers. It was encouraging to hear of policy advancements in Kuwait. National laws must comply with international standards and no other legal framework should supersede international legislation.

The delegation from Kuwait included 26 representatives who came from the Permanent Mission of Kuwait to the United Nations Office at Geneva, the Ministry of the Interior, the International Relations Department, the Information Department, the Public Financial and Administrative Prosecutor, Ministry of Foreign Affairs, Department of Women and Children’s Affairs, Ministry of Social Affairs and Labour, Central Bureau for Illegal Residents, Committee on Women’s Affairs, Ministry of Awqaf and Islamic Affairs, Department of Development of Educational Curricula, Ministry of Education, Kuwait University and the Ministry of Health.

The Committee will start its consideration of the report of Norway at 3 p.m. on Monday, 24 October.

Report

The second periodic report of Kuwait (CCPR/C/KWT/2) says that Kuwait incorporated the International Covenant on Civil and Political Rights into its domestic law in 1996 and has since acceded to a number of other human rights instruments. Kuwait established the High Committee for Human Rights, headed by the Minister of Justice, in 2008. Its mandate includes reviewing existing laws and regulations and formulating recommendations for amendments, and also fostering awareness of human rights via the media, training and coordination with agencies concerned with human rights issues.

The report notes that the rights of foreign nationals are guaranteed under the Constitution, although it does not include rights that are reserved exclusively for citizens, such as the right to vote, to stand for election to public office, the right to free education and to own property. Kuwaiti women now have the right to vote, and the 2009 elections resulted in the election of four women Members of Parliament. Kuwaiti women have occupied many of the highest posts in the land. Women have the right to work and to choose the type of work they do, in addition to the freedom to engage in commercial and professional activities of all kinds. Women also enjoy special entitlements to enable them to fulfil their role as mothers, such as special childbirth and maternity leave with full pay.

Kuwait respects the right to life, and has endeavoured to protect every person’s right to life by subscribing heavy penalties in the Criminal Code, such as the death penalty, for anyone who violates that right. Murder, abduction, rape, treason and drug trafficking were all crimes which carried the death penalty. Every sentence of death was automatically referred to the Court of Appeal. Abortion was also deemed a punishable offence under Kuwaiti legislation on the right to life. However a person who procured an abortion for a pregnant woman in order to save her life would not be liable to penalty under the Criminal Code.

Presentation of the Report

DHARAR A RAZZOOQI, Permanent Representative of Kuwait to the United Nations Office at Geneva, first introduced his 26-person strong delegation which included representatives of all the different Ministries of Kuwait. He said that Kuwait was very keen to cooperate in strengthening human rights and dignity. When the Kuwait Constitution was drafted it was ensured that both the clement Islamic Sharia law and existing international instruments were its main sources. During its May 2010 Universal Period Review Kuwait committed to establishing a national institution for human rights in accordance with the Paris Principles and had achieved great strides in setting it up.

Kuwait had made numerous achievements related to civil and political rights, including free education and healthcare, and decent housing for citizens. Kuwait had also sought to combat all forms of forced labour and human exploitation for unlawful purposes. Women’s rights achievements including the election of four women as members of the National Assembly after women gained full political rights; the right to housing for women; equality with men in public appointments and the private sector and the right to movement and travel. A law on caring for persons with disabilities has been ratified, which provided rights to financial and material aid. Kuwait had responded to Universal Periodic Review recommendations and created a central institution to tackle concerns of illegal residents, and to provide them with free healthcare, free education, official documentation and food ration cards.

Summary of replies to the list of issues in connection with the consideration of the second periodic report of the State of Kuwait

SAUD H. ALHARBI, Director of the Department of Development of Education Curricula, Ministry of Education, said that issues of human rights and dealing with them were not new to Kuwait and that such rights were anchored in Kuwait’s Arab-Islamic and international heritage. To ensure an adequate monitoring of human rights issues, Kuwait had established the High Committee for Human Rights, headed by the Minister of Justice, and comprising of representatives from most ministries.

Kuwait had paid special attention to the right of life, one of the primary rights, and attention was reflected in the provision of health and education and all other services that protected human life. Pursuant to the right to dignity, no person should be unlawfully arrested and/or subjected to torture for any reason whatsoever. Kuwait had always sought to safeguard the dignity and rights of foreign workers, and had been particularly vigilant against any form of forced labour or slavery. Freedom of belief, opinion and academic research for all persons, regardless of their affiliation and ethnicity, was stressed under the Constitution. It also guaranteed the freedom of practising religion in accordance with established customs, provided that it did not conflict with public policy or morals.

Recent laws had allowed Kuwaiti women to use banking services, such as loans, in order to own their own property. Domestic violence was criminalized under the Penal Code, and the State had taken many measures aimed at encouraging women victims to report domestic violence to the police. Individuals had the right to hold public rallies in accordance with legal rules and regulations, and the right of association was guaranteed for all workers. Kuwait would do its utmost to follow on the latest issues concerning human rights with a view to assess their development in order to implement and protect them.

Questions by Committee Members

A Committee member began by noting with pleasure the size and varied experience of the delegation of Kuwait. He asked whether State legislation took precedence over the Covenant, and what types of legal norms had equal or greater rank than the Covenant. Were there any examples of the Covenant being invoked directly in the courts?

Could the delegation update the Committee on any progress made on establishing a national human rights institution, since submission of the report?

On the rights of persons detained while awaiting deportation, was there a maximum legal period during which a person could be detained before they were released?

Did offences relating to slavery cover all instances of forced labour, including forced labour by private individuals using coercive methods? Were there any statistics on the use of forced labour in prisons?

Trafficking in persons was reportedly a very serious problem in Kuwait. Was it true that the bill on trafficking in persons was still in draft form, and what was delaying its enactment? Did the provision on slavery apply to modern trafficking of persons or was it tied to older notions of slavery?

A member highlighted the important step forward that women could now vote, and Kuwait had withdrawn its reservations to the Convention on the Elimination of Discrimination against Women. However, why had that step not been followed by the appointment of women to the ranks of the judiciary?

Was it correct to assume that Kuwait did not intend to criminalize marital rape, and if so, could the delegation please explain their reasons for that?

Furthermore was Kuwait not intending to have specific provisions in its penal code on domestic violence, which was a form of discrimination against women? The argument that Kuwait believed its current provisions on violence were adequate to cover domestic violence, but the Expert argued that it was not. He also asked for statistics on rates of domestic violence, and details on shelters and hotlines for victims. What protection did the Government offer to women domestic workers?

Would the delegation agree that polygamy, in itself, was a form of discrimination against women? Polygamy was still legal in Kuwait. Furthermore the Human Rights Committee has previously expressed concern that cases of adultery were not treated equally for men and women, and that ‘crimes of honour’ still persisted. Could the delegation reply to questions about inheritance rights for women?

Could the delegation clarify the current status of the draft law on Civil Rights for Women, and would that draft law redress the existing inequalities between women and men, such as women who married foreigners, and women being able to pass nationality to their children.

Homosexual behaviour was still criminalized in Kuwait and men had been prosecuted for homosexual behaviour. A group of homosexuals recently requested to set up a society, within which they could work towards legal protections, but that request was refused by the Government. Did the Government intend to reconsider its position on the criminalization of homosexual behaviour?

The Committee was gravely concerned about discrimination on the basis of national origin, particularly the Bedoon, or as the State party put it, the issue of ‘illegal residents’. What obstacles were there for the Government to grant citizenship to long-term stateless individuals in Kuwait?

Was it true that the Kuwaiti State was prohibited by Islamic law from abolishing the death sentence? The delegation was asked for statistics on death sentences and executions actually carried out: 11 years ago there were 28 individuals on death row. It had been put to the Committee that when it came to actually exercising the death penalty a distinction was made between Kuwaiti citizens and non-citizens; for instance in a case of a member of the Kuwaiti Royal Family, and that of a Pakistani person. It followed that there appeared to be instances of racial discrimination when it came to carrying out the death penalty.

It seemed that Sharia was the main source of the law, in which case it could be seen that Islamic law superseded the Covenant.

Was there a definition of torture under Kuwaiti law? Non-governmental organizations had said that the same officials said to be responsible for committing acts of torture were the same people you would make complaints to. It was also claimed that torture victims were taken more seriously if they were Kuwaiti nationals.

How many persons had been convicted by military tribunals? To what extent was the independence of the judiciary assured? Further, there were apparently a large number of foreign judges in Kuwait, working at all levels including the Supreme Court. The total number of judiciary was 600, and the foreign judges – who came mostly from Egypt - totalled nearly half, about 300. The foreign judges were there on temporary contracts which could be rescinded in a way not compatible with their independence. The Committee was told that many of the Egyptian judges left, partly over salary disputes but also because they felt they were needed at home, after the events of the Arab Spring.

Furthermore, was it true that there were no female judges, because to be a judge one had to be a prosecutor? Was it true that there were no female prosecutors? If so, why not, were applications to candidacy just not received? If it was a matter of qualifications, how could foreign personnel qualify to be judges if one had to be a prosecutor in order to be a judge in Kuwait?

How long could a person be detained without charge, and at what point did the person have access to legal advice?

Response by the Delegation

Responding to the comments and questions, the delegation said the Constitution of Kuwait respected all rights enshrined in the Covenant, but the interpretation of the declaration was within the framework of Islamic Sharia, the main and only source of anything to do with personal status. A judge would resort to all the provisions that fell within the corresponding framework.

The maximum period of detention before trial was four days. However a draft bill would amend that period to 48 hours. During that period of time the accused would be submitted to the prosecution, who would decide whether they would be released or continue to be held until the lapse of 21 days when all procedures would be completed. The relevant court would then try and adopt a judgement on the accused. The court may renew that period until all investigations were completed. The accused should be provided with legal council and all legal rights should be assured, also he had the right to contact relatives, his own legal council, and the right to seek healthcare.

Deportation for those illegally residing in Kuwait began with a full investigation while ensuring the detainee had a passport: if he did not, the Government would contact his Embassy, which would issue a card of departure. The Government would issue a ticket, with the fare covered by the employer, sometimes with donations. Between 450 and 500 persons were deported; it depended on the frequency of flights. Detainees who were women domestic workers were held in a special place while they waited to be deported; it was not a prison.

The system of sponsorship was not enshrined in the legal system but was to do with ministerial decrees in the framework of organizing the private­-sector workforce. The Ministry of Interior was currently looking for an alternative to replace the system of sponsorship, but in the meantime were taking every possible measure to prevent abusive employers, including potential prison sentences or fines for any employer caught violating the law by importing labourers without giving them work.

Domestic workers were considered members of the family, and shared services and benefits. However Kuwaiti society was not perfect and there may be very rare cases of abuse. Any complaints made by domestic workers were investigated if the person had been attacked or beaten. The Ministry of Interior had set up a specific department for those workers. The shelter for foreign domestic workers could accommodate over 700 women, and provided physical, social and psychological services. Domestic workers had the right to seek alternative employment instead of returning to their country. For domestic workers who did not want to continue working in Kuwait, the Government would ensure they were fully paid and then coordinate with their Embassy for them to return to their country.

A delegate said, without exaggeration there were over 192 nationalities in Kuwait, when the population was only 2.3 million. That led to a lot of challenges for a small country. The Kuwaitis were the biggest community, followed by the Indians, who represented over 500,000, then Egyptians, Sri Lankans, and others. However whenever there was violence or abuse the Government took proper measures to address those issues, in close cooperation with the Governments of the countries of those nationals, particularly their Trade Attachés posted to Kuwait. Egypt, for instance was a close sister country, and Kuwait had very close relationships with Egypt, India, Bangladesh and so on.

There was not a single political prisoner in Kuwait. It was an open country, and they had nothing to hide.

A delegate said he was trying to find out why the draft law on trafficking in persons was delayed from being enacted. It had been a procedural delay, due to protocol. Regarding statistics on trafficking, the phenomenon could not be combated by statistics as a law was needed, but as soon as the legislation was adopted trafficking would be considered a crime and would be defined in conformity with the Convention.

The Penal Code imposed penalties on anyone who threatened another person with harm in order to coerce them into abstaining or doing something. Anyone forcing a person into prostitution or pornographic acts would also be penalized, whether the victim was being coerced or not. Judgements had been awarded by courts to persons convicted of trafficking in persons. Fines and prison sentences were imposed, and some cases were still pending.

The criminalization of rape within marriage was provided by Article 2 of the Constitution, which provided that Islamic Sharia was the root of Kuwaiti law. Sharia guaranteed good relations and the rights of both spouses. The Government believed that normal marital relations were legal, and the courts could impose penalties on any husband who committed an act against the consent of the wife.

Criminal law did not define honour killings as ‘honour killings’. The law provided attenuating circumstances, especially if a son, father, husband or brother was concerned, particularly when the woman was caught in flagrante delicto, and the male relative was surprised by the act of the female relative. A man could marry more than one wife; however a woman could not marry more than one husband. If the husband, father, brother or son killed his female relative that would be considered a homicide, and therefore was considered manslaughter; the penalties imposed were not defined as honour killings. There were no statistics, but the delegation would try to provide the Committee with them.

Another delegate said honour killings and violence within the family were very rare. Kuwait had a very conservative society who did not like to air their dirty laundry in public. Usually a family would intervene to solve problems before they reached the police.

A delegate said that the family was the foundation of society and the family, children and mothers were protected by law. The Ministry of Justice had prepared a draft law regarding family courts which would go before the next session of parliament. One provision of that draft law was for a family court to be set up in every district of Kuwait that would deal with family cases including cases of violence and assault. The family court would be free, and competent to deal with all cases of personal status.

Polygamy was among the rules stipulated in the statute, and men were allowed to have four wives. There were binding conditions which men must apply to practice polygamy, which did exist but was not widespread. The normal situation was that a man married only one woman. Under the rules of polygamy there should be no discrimination among the spouses, and if there was discrimination it would be punished. Muslims did not consider polygamy to be discriminatory against women because it was divine law. Women consented to polygamy, to be the second, third or fourth spouse, which made it acceptable. However a woman could ask for her marriage to be annulled if her husband took a second wife. The rate of polygamy in Kuwait was less than nine per cent.

Sharia was used as the unique source for everyday legislation; property was one area where women were equal to men. That was completely different from the situation of inheritance. A woman could legally own property. There were different types of property, and in some cases a woman could own property either through direct purchase or a family mortgage loan.

The head of the delegation said that Islam was a religion, and also a way of life. It defined life and laws. However international treaties and international law were also considered part of Kuwaiti laws. The major components of Islam were respected and untouchable; the aim was always dignity, respect and well-being of human beings, just as in international law and in other religions, be it Hinduism, Buddhism or an other. Human beings developed from the jungles to what they were right now, and legislation did too, there were no contradictions. Yes, one hundred years ago the rate of polygamy was high. But society was developing, there were different ideas, a different mode of life. The family unit was becoming smaller but better quality. Having just one wife now was a lot of responsibility!

Nothing prevented a woman from being a judge. Women had now attained high level posts throughout the judiciary, as lawyers, Government advisors, researchers in the Ministry of the Interior or as arbitrators.

The request for a society for homosexuals to be set up was made in 2007 and refused by the Ministry. Legally those who made a request could appeal any Ministerial decision, and such an association could be created via court appeal, but the people who made the 2007 request chose not to appeal. Regarding homosexual acts in public places, the law provided sanctions to respect Kuwaiti traditions, which were Islamic traditions.

Slavery was prohibited and forced labour was criminalized.

The Constitution stressed integrity of judges, and judges were required to have full independence. It should not be possible to end a judge’s contract. Egypt loaned, or seconded, a number of judges to Kuwait and that was done in contracts between the States. Some said that as those judges were under contract they could at any time be removed, and that put doubt on the independence of the judiciary. That was false; they were from Arab countries and were protected by the State.

From a human rights perspective, residents in Kuwait were well looked after, even if they were not citizens. The Government helped illegal residents, it had funds to help Africa, Latin America, and India – there were millions of programmes. Kuwait gave $500,000 to the United States for Hurricane Katrina, after it helped Kuwait during the Gulf War. It was not the case that Kuwait did not have the money; it was a matter of sovereignty and changing the demographics of Kuwait.

Granting Kuwaiti nationality was a sovereign right of the State, and the best interests of the nation must be taken into account on that issue.

Accusations against the police of torture had resulted in cases which were still pending.

Capital punishment was part of the religion and part of Islamic Sharia. There could be similarities with the issue of polygamy, which over time was becoming less of an issue. It took tremendous time to implement capital punishment. No capital punishment sentence had been executed since 2007. There were approximately 50 persons on death row of a variety of nationalities, including three women. The death sentence could only be executed if His Majesty the Emir decreed it. There was no prejudice to non-Kuwaiti nationals. A person was judged on their deeds and everybody was equal in front of the law.

Questions from Committee Members

A member commented that if tax exemption was a human right Kuwait would get top grades, but on other issues he was not so sure. He was grateful for the death penalty statistics. Since 2000 how many persons had been executed and the Expert asked what offences had they been convicted of? The member said he was very pleased to hear that nobody had been executed since 2007, and said that if that execution turned out to be the last one in Kuwait, it would be a very, very good thing.

The question about the fact that women counted for only half of a man in legal testimony had not been answered. Article 3 of the Convention did not accept any discrimination between men and women.

The Covenant was a legal instrument that did not make exception for any divine spirits, wherever they came from, be they Christian, Islam or other. The Covenant did not make exceptions in that regard. A reference that Islamic law made the death penalty ‘alright’ put the Covenant in an inferior position and that was unacceptable.

A Committee Expert, who said he himself was a Muslim to whom Islamic law was important, said that polygamy was a violation of women’s rights and an affront to women’s dignity. Polygamy violated the International Covenant on Civil and Political Rights. Islamic law should not be a burden, it should be a means to protect Muslims and safeguard their rights. What was contained in the Holy Koran must be distinguished from the provisions drawn up from men. The Koran could not be an excuse or a justification for polygamy. The Expert quoted the verse in the Koran that referred to polygamy: ‘If you fear you cannot do all of your wives justice you should abstain from marrying more than one woman’. The last phrase ‘And you will not be able to do them all justice’ prevented a Muslim man from marrying more than one woman, as it was human nature that a man would not be able to be fair to all of his wives. Therefore the Koran was not an excuse or justification for polygamy. Islamic jurists had interpreted the Koran thus. Discrimination between men and women was not right under Islamic law and was therefore a violation of the Covenant.

Were Bedoons called so because they did not have a nationality? Who exactly were the Bedoons, those undocumented people? The Expert surmised that they arrived in Kuwait in the 50s and 60s and came to benefit from the enrichment of Kuwait after oil was discovered. During that time they hid their passports so they could not be deported. What laws governed their residence and was naturalization possible?

A Committee member raised the issue of marital rape, as the delegation said that ‘normal marital relations’ in Kuwait were legal. The member asked that while coerced intercourse within a marriage may not be rape in Kuwait, he hoped it would at least be classified as assault.

Response by the Delegation

The Head of the Delegation said that the Koran was supreme for Muslims, as was Sharia. The Koran was not a religion; it was a way of life. He said that they might differ to other cultures and religions, but all were respected. There were extreme right and extreme left interpretations of the Koran. But the Government tried to create a common ground – however they might have a different interpretation of the Koran to others. The extreme left, liberalist interpretation was erroneous and wrong, as was the extreme right, which led to terrorism. Kuwait was trying to be in the middle, working with the Gulf Cooperation Council. Sharia law did not contradict human rights.

Kuwaitis had fought for women’s right to vote and to be elected to parliament. The first attempt failed but they had continued to press until they succeeded to get equal rights for women. Kuwait was proud that four women were Members of Parliament, along with 46 men. In the last election one female Member of Parliament had the highest number of votes of any Member of Parliament. There had been two women Ministers. There were no women judges in Kuwait. But the Government was working towards it, just as they had worked towards getting women in parliament.

There was misrepresentation that being stateless was the shortest way to obtaining Kuwaiti nationality and its many privileges. The Bedoon were keen to keep their illegal status and resulting suffering in the hope of gaining Kuwaiti nationality. There were 81,000 Bedoon in Kuwait. Some 17,700 had Kuwaiti nationality. As a member said, the Bedoon came to Kuwait to make a living around the 1950s, but after their residency period ended they hid their passports in the hope of getting Kuwaiti nationality. The numbers increased to around 200,000, and Kuwait should have tried to solve the problem then. Some Bedoon were given Kuwaiti nationality, until the invasion of Iraq. When the invasion happened, the expat numbers reduced from 1,000,000 to 200,000, including women and children, as expats fled in fear of Saddam Hussein. After liberation Kuwait was a mess, and those who stayed in Kuwait wanted to remain there. But of course Kuwait had to protect its demographic situation.

Questions by Experts

Could the delegation please give some information on whether it was envisaged to allow for conscientious objection to military service? What safeguards did the Government have against the recruitment of children, especially street children, into private military or security companies?

Would conversion from Islam into another religion result in the loss of Kuwait nationality? Could the delegation please comment on a non-governmental organization report that said that a Kuwaiti court upheld a decision not to allow a 27 year old citizen to change his religion on the birth certificate, when he had converted from Islam to Christianity?

Could the delegation provide a list of nationally recognized religious institutions? Some minority religions, such as Shia, Baha’i, Buddhist, Hindu or Sikh complained that they either could not get visas for clergy members or did not have access to a place of worship. What was the situation for non-Muslim Kuwaitis, and non-Muslim non-Kuwaitis when it came to obligation to attend Islamic teachings?

On freedom of expression, the figures provided seemed to indicate problems for journalists. The extent to which courts were used to control media was astonishing. The figures showed that in just one year, 2005, 371 complaints were registered in courts regarding publications and media alleged violations of the law. In 2010 there were 678 complaints regarding alleged abuses of expression, by the public as well as journalists.

On censorship of Internet communications, it may just be a translation problem, but the report said that use of telecommunications equipment may only be used lawfully when permitted by the State, and was otherwise criminalized. Could the delegation confirm this?

The Internet was used by 39 per cent of Kuwaitis, but the Government monitored websites and continued to block websites that may violate Kuwaiti customs and traditions, etc. Furthermore, new media was limited to the same restrictions as traditional media – could the delegation please elaborate?

An Expert asked for clarification on the right to join a trade union and also for non-governmental organizations that needed to obtain a licence to operate.

The legal age of women in Kuwait was 15 for girls and 17 for boys, and marriages among younger girls and boys occurred in tribal communities. What was the average marriageable age in Kuwait? In the context, a girl of 15 and a boy of 17 were still children, according to the definition of the Convention on the Rights of the Child. Did the State see the possibility of making the marriageable age for girls and boys equal, and raising it until they are adults (18)?

A member pointed out that by the act of becoming party to the Covenant Kuwait was bound to the Covenant. The member said he did not appreciate being told that the Covenant was ‘just one factor among others’ when it came to Kuwaiti law.

Response from the Delegation

Responding to these questions and comments, the delegation said international treaties and covenants were part of Kuwait’s legislation and took precedence over national law, with exceptions for certain parts of Sharia law.

Corporal punishment was entirely forbidden as it contradicted the proper upbringing of children.

The establishment of political parties was not prohibited; the Constitution neither gave explicit right to establish political parties nor prohibited it. So the legislature concluded there were no barriers to the establishment of political parties.

No member of the security forces could attend public meetings and assemblies, which were allowed so long as they followed Government rules, were peaceful, took into account public morals and did not conflict with public safety legislation.

The Constitution and the law guaranteed the independence and integrity of the judiciary, as well as safeguarded all human rights. Foreign judges were appointed by a decree issued following consultation with the Supreme Judiciary Council. The contracts for foreign judges could not be concluded without approval from the same body. The foreign judges were highly qualified experts, seconded from their own country, and were all equal before the law.

The Constitution and the law guaranteed the independence and integrity of the judiciary, as well as safeguarding all human rights. Foreign judges were appointed by a decree issued following consultation with the Supreme Judiciary Council. The contracts for foreign judges could not be concluded without approval from the same body. The foreign judges were highly qualified experts, seconded from their own country, and were all equal before the law.

The Kuwaiti Constitution stated that the defence of the country was a sacred duty, and an honour for a Kuwaiti; the security of the State was the responsibility of every citizen. The draft national military service law stated that only wars of defence were permissible: wars of attack were not permissible. People could be excused from service if they were sick, if they were an only son, or for other reasons. The law allowed the possibility of delaying military service: for graduates until they got a job, for those who went abroad with their wives for study, or for those with a small business that had only been in operation for five years or less. Military service equipped persons with the skills to defend their country. Conscientious objectors could carry out other work that was not of a military nature.

There was no military service for children under 18 years of age. The Labour Law prohibited the employment of those below 15 years of age. Kuwait had no beggars. Kuwait prohibited begging and considered it contrary to the nature of the country. The Government helped beggars, particularly children.

The delegation had already answered the question on changing religion. No non-Muslims had received Kuwaiti nationality. Those who changed religion from Islam also gave up their nationality. Kuwaitis could not change their religion.

There were seven licensed churches for worship of religions other than Islam: Roman Catholic, Anglican, Evangelical, Armenian Orthodox, Greek Orthodox, Coptic Orthodox and Greek Catholic. There was total freedom of religion in Kuwait, and permission was granted for persons to worship other religions provided it did not disturb public order or public morality.

Newspapers and publications had freedom of expression within a stipulated framework. There were a number of cases currently pending in courts due to the fact that media laws covered different types of crimes, including the violation of regulatory laws and conditions of a publication, anything published that affected security, public morality, jurisprudence prohibiting any insult of the judiciary, or publishing any news that could disrupt the economy or devalue the currency. However if a court decided that information was in the public interest it could be published.

The Constitution provided for the freedom of communication, including the freedom of exchange of letters, phone calls and messages. The great developments in the means of communication had allowed some to listen in to private conversations, to record them and to use them for blackmail or insult. Therefore a law was passed prohibiting the misuse of all means of communication or hacking into someone’s phone. Examples of misuse of communications included using shameful language, encouraging ill behaviour or providing a threat to honour or money.

There were no limitations on the use of the Internet, and no permission was required to use the Internet. Blocked Internet sites included pornographic websites, religious extremism sites or any website that violated public order.

The 1994 Personal Status Law specified that a girl must be 15 years old and a groom must be at least 17 years old. The situation was changing, however, as statistics from the Ministry of Religious Affairs covering the past decade showed it was rare for girls under 15 to marry.

Follow-Up Questions from Committee Members

The responses to questions on freedom of expression led an Expert to conclude that there was a big gap between the law in theory and in practice, and he encouraged the State party to consider a review of the law. Restriction of expression should be the exception and not the norm, and should pass strict tests of proportionality. Criticism of the Head of State should be legitimate. Political opposition to the Head of State should be legitimate. Instances of blasphemy should pass strict tests before being restricted.
Finally the Expert remained concerned about the litigiousness of private citizens bringing complaints of violations to the courts, which had a chilling effect on freedom of expression. In pursuit of compatibility with the Covenant, the expert urged the Government to reconsider how such complaints were received by the Courts.

An Expert thanked the delegation for the information on licensed churches, but asked about places of worship for other religions, such as Buddhism and Sikhism.

Response from the Delegation

The delegation could not find any information on the case of the 27-year-old man who could not change his birth certificate, and offered to pursue the case after the meeting.

Private complaints in the courts depended on the political climate, but the Government could not forbid any Kuwaiti from going to the courts. The Law on Publications prohibited defamation of religions, incitement to hatred against any community, anything that may harm national unity or cause sectarianism, tribalism or sedition, or exposition of someone’s personal financial information which may impair their reputation, wealth or commercial prestige.

The law and Constitution did not prevent the Buddhist and the Sikh from practising their religion, however certain rituals were contrary to public morals and order. Therefore they were only authorized to practice those rituals in private homes, not in public places.

Concluding Remarks

DHARAR A RAZZOOQI, Permanent Representative of Kuwait to the United Nations Office at Geneva, assured the Committee that the Government considered the Covenant to be part of Kuwaiti law and to have supremacy over national law. However there were certain aspects of Sharia law that Kuwait abided by. It was not easy to correct or adapt laws, and it was a long process of legislative reform debate. Kuwait would do whatever was necessary to abide by their obligations under international law, would convey the Committee’s comments to the Government and hoped that in the future they would have a woman judge.

ZONKE ZANELE MAJODINA, Chairperson of the Committee, expressed the Committee’s appreciation to Kuwait for its commitment to fulfil international organizations, and thanked the delegation for its patience and clear answers. It was encouraging to hear of policy advancements in Kuwait, but national laws must comply with international standards, and no other legal framework should supersede international legislation.


For use of the information media; not an official record

CT11/020E