Experts of the Committee on the Elimination of Racial Discrimination Note Kuwait’s Recent Reforms, Ask about Reported Mass Expulsion of Migrants and Revocations of Kuwaiti Nationality
The Committee on the Elimination of Racial Discrimination today concluded its consideration of the combined twenty-fifth and twenty-sixth periodic reports of Kuwait on its implementation of the International Convention on the Elimination of All Forms of Racial Discrimination. Committee Experts took note of the State’s recent institutional and legislative reforms and raised issues concerning the recent reported mass expulsion of migrants and revocations of Kuwaiti nationality.
Abderrahman Tlemçani, Committee Expert and Country Rapporteur, noted the recent reforms undertaken by the State, including the strengthening of the institutional framework with the establishment of the National Human Rights Authority and the efforts made to modernise mechanisms to combat trafficking in human beings.
Ibrahima Guisse, Committee Expert and Country Co-Rapporteur, said Kuwait’s new law on the residence of aliens prohibited any migrant from changing jobs or sectors without the initial approval of their employer, and granted the Ministry of Interior broad powers to expel migrants based on vaguely defined justifications. Mr. Guisse cited reports of forced deportation of around 40,000 migrants from Kuwait in 2025. Could the delegation comment on allegations of arbitrary mass expulsions?
Mr. Guisse also said decree 107 of 2024 broadly expanded the executive’s powers related to nationality. What procedural guarantees and legal remedies were available for persons whose nationality had been revoked?
Introducing the report, Naser Abdullah Alhayen, Permanent Representative of Kuwait to the United Nations Office at Geneva and head of the delegation, said law 114 of 2024 concerning the residence of foreigners regulated employment and residency arrangements and strengthened efforts to combat trafficking in residence permits. The State continued to develop contractual frameworks to enhance workers' freedom to transfer employment and their right to retain their personal documents.
The delegation said administrative deportation was based on objective legal measures and was only applied in grave cases after careful consideration. There was no targeting of minorities. Administrative deportation orders were regulated by 2025 legislation that limited the time of arrest to 30 days, with the possibility of extension.
Nationality was removed in accordance with the law, the delegation said, in cases such as the falsification of documents and behaviour that undermined the social, economic or political situation in Kuwait. Persons deprived of Kuwaiti nationality returned to their previous nationality in accordance with the laws of the concerned State. If this was not possible, Kuwait continued to provide basic services to the person and took all necessary measures to regulate their legal status.
In concluding remarks, Mr. Tlemçani expressed hope that the dialogue would enhance efforts made by Kuwait to implement the Convention and address current challenges. He said he trusted that the Committee’s concluding observations would be implemented to promote the rights of all persons in Kuwait.
In his concluding remarks, Mr. Alhayen said the dialogue allowed Kuwait to present developments in the national framework for combatting racial discrimination, safeguarding freedoms and ensuring access to justice. Kuwait would continue to build on its achievements and address remaining challenges.
Gün Kut, Committee Chair, in his concluding remarks, thanked the State party for the dialogue, saying that the Committee would take into consideration in full objectivity the replies that the delegation had provided in devising the concluding observations. Mr. Kut also commended that Kuwait was punctual in its timely contributions to the regular United Nations budget.
The delegation of Kuwait consisted of representatives of the Ministry of Foreign Affairs; Ministry of Interior; Ministry of Information; Ministry of Justice; Ministry of Health; Public Prosecution; Central Agency for Remedying Illegal Residents' Status; Foreign Health Services Affairs; Kuwait Public Authority for Manpower; and the Permanent Mission of Kuwait to the United Nations Office at Geneva.
The Committee will issue its concluding observations on the report of Kuwait after the conclusion of its one hundred and eighteenth session on 25 August. The programme of work and other documents related to the session can be found here. Summaries of the public meetings of the Committee can be found here, while webcasts of the meetings can be found here.
The Committee will next meet in public this afternoon, Tuesday, 11 August at 3 p.m. to consider the combined twentieth and twenty-first periodic reports of India (CERD/C/IND/20-21).
Report
The Committee has before it the combined twenty-fifth and twenty-sixth periodic reports of Kuwait (CERD/C/KWT/25-26).
Presentation of Report
NASER ABDULLAH ALHAYEN, Permanent Representative of Kuwait to the United Nations Office at Geneva and head of the delegation, said that as the report under consideration was prepared several years ago, the delegation of Kuwait was keen to provide an updated picture that highlighted developments in the legislative and institutional framework and in public policy.
The dialogue was taking place at a time when the world was witnessing a troubling erosion in the effective realisation of fundamental rights, a rise in hate speech, racist practices and discrimination. This assumed particular significance against the backdrop of the exceptional security circumstances facing Kuwait. Since 28 February, Kuwait had been subjected to unlawful Iranian aggression, the effects of which threatened its sovereignty, security and territorial integrity, and had extended to repeated and deliberate attacks against civilian objects and critical infrastructure. These attacks had damaged power-generation units, jeopardised the regular supply of electricity and water and the movement of air traffic, and resulted in fatalities and injuries. Notwithstanding the gravity of these attacks, State institutions had continued to operate efficiently and had activated contingency plans to ensure the protection of all persons within its territory, citizens and residents alike, and the uninterrupted provision of electricity, water, health care and public services without discrimination.
Kuwait's approach rested upon firm constitutional foundations. Article seven established justice, liberty and equality as the pillars of society; article 29 affirmed that all people were equal in human dignity and before the law, without distinction on grounds of sex, origin, language or religion; article 35 guaranteed freedom of belief and the observance of religious rites; and article 166 safeguarded access to the courts for all, thereby making equality a right protected by judicial guarantees. Moreover, as article 70 provided that treaties acquired the force of law upon ratification and publication, the Convention formed part of the domestic legal order. This approach was consistent with the New Kuwait Vision 2035, which identified strengthening Kuwait's international standing as a pillar of national development and aligned its development path with its international commitments, foremost among them the 2030 Agenda for Sustainable Development.
Decree-law 75 of 2026 reorganised the National Diwan for Human Rights under the new name of the National Human Rights Authority, strengthened its independence and enhanced the effectiveness of its Board of Directors. A tripartite committee was currently overseeing its operations pending the formation of a new Board. A Human Rights Department had also been established within the Ministry of Interior, and an International Cooperation and Human Rights Prosecution Office had been created, thereby supporting a more specialised national system with enhanced capacity for monitoring, follow-up and response.
At the institutional level, the Permanent National Committee for the Preparation of Reports and Follow-up on the Implementation of Human Rights Recommendations, chaired by the Ministry of Foreign Affairs, coordinated the preparation of reports and the follow-up to recommendations. It held regular consultations with civil society organizations, scientific and academic institutions and the National Human Rights Authority. These efforts were accompanied by strengthened training for judges, public prosecutors and law-enforcement personnel on human rights principles and the obligations arising from international conventions.
Kuwait continued to implement a comprehensive national plan to modernise its legislative system. This process had yielded reforms that had strengthened the protection of women and the family, regulated the establishment of places of worship and the exercise of freedom of belief, and advanced fairness in labour relations. Decree-law 19 of 2012 criminalised hate speech and sectarian, tribal and racial incitement, including through electronic media.
With regard to contracted labour, national policy was grounded in article 22 of the Constitution, which required relations between workers and employers to be regulated on the basis of social justice. In this context, law 114 of 2024 concerning the residence of foreigners regulated employment and residency arrangements and strengthened efforts to combat trafficking in residence permits, complementing the anti-trafficking in persons law and the national strategy for 2025-2028. The State also continued to develop contractual frameworks to enhance workers' freedom to transfer employment and their right to retain their personal documents, and to update mechanisms for compensation for occupational injuries. Domestic workers were protected by a legal and oversight framework encompassing the receipt of complaints, the investigation of violations, the imposition of sanctions and referral to the courts, alongside fully integrated shelters that provided legal, psychological and health care.
In the field of health, measures governing health insurance for residents were intended to strengthen the governance of services and improve the efficiency of the health system, while upholding the constitutional commitment to guarantee the right to health and to provide basic and emergency health care to all residents without discrimination.
The State accorded particular attention to empowering women and young people, supporting persons with disabilities and protecting children. Women constituted more than 58 per cent of the public-sector workforce and held approximately 28 per cent of senior leadership positions. The composition of the delegation, which included accomplished women and young professionals, likewise reflected the State's conviction in their role in policymaking and national representation. The State had also adopted national laws and strategies to protect children and advance the rights of persons with disabilities.
In closing, Mr. Alhayen reaffirmed Kuwait's commitment to the provisions of the Convention and its determination to continue developing its legislation and institutions and to benefit from the Committee's observations and recommendations, within a framework of mutual respect and objectivity and with due regard for the State's constitutional and legal particularities.
Questions by Committee Experts
ABDERRAHMAN TLEMÇANI, Committee Expert and Country Rapporteur, noted the recent reforms undertaken by the State, including the strengthening of the institutional framework with the establishment of the National Human Rights Authority and the efforts made to modernise mechanisms to combat trafficking in human beings, and also welcomed the efforts made by Kuwait in enshrining the principles of equality in its Constitution.
Data on the demographic composition of the population released on the website of the Central Statistics Office appeared to be disaggregated mainly by “Kuwaiti” and non-Kuwaiti” categories, with no breakdown by ethnic, ethno-religious, national or migration status. What steps had been taken to collect and regularly publish comprehensive statistical data on the demographic composition of the population, disaggregated by ethnic and ethno-religious origin, migration status, sex, age and nationality? Could such data be provided, as well as data on access to employment, social protection, education, employment, health care and housing? What resources were allocated to the Central Statistics Office and other institutions to improve the collection, analysis and publication of disaggregated data?
The Committee noted the State party’s training for members of the judiciary and law enforcement officials and the Kuwaiti legislative framework to prohibit discrimination. How were the provisions of the Convention incorporated in the domestic legal order? Did members of the judiciary refer to the Convention to define “discrimination”? Could the delegation give some examples of court cases that had referenced the Convention? How many judges, prosecutors, lawyers and Ministry of Interior officials had received specific training on the Convention and indirect, multiple and intersecting forms of discrimination? How did the State party assess the impact of these trainings? What steps had been taken to adopt comprehensive legislation to combat racial discrimination that provided for accessible remedies and effective sanctions? Was there a timetable for the submission of such a bill to Parliament, and had civil society been consulted on it?
The Committee noted with appreciation the establishment of the National Human Rights Office and the entry into force of its Board of Trustees in 2018. The report stated that the Office was under the control of the Council of Ministers. How did the State party guarantee the functional independence of the institution from the executive, in accordance with the Paris Principles? What resources were allocated to it? Did it have power to initiate a complaint or carry out unannounced visits to places of detention and accommodation centres for migrant workers? How did it cooperate with civil society organizations and human rights defenders? Had the Office called on the Government to adopt comprehensive anti-discrimination legislation?
Responses by the Delegation
The delegation said Kuwait was committed to gathering updated statistics pursuant to article nine of the Convention to reflect the demographic make-up of the State. The Central Statistics Office body played its role autonomously, collecting statistics according to rules and criteria adopted by the United Nations. Data on the demographic composition was gathered based on sex, age, gender and race. Economic and social indicators reported on groups of workers and the level of heath care and social security provided. The Central Statistics Office also collected data on the implementation of policies promoting freedom of religion and belief, and detailed data on the empowerment of women, including their workforce participation rate, including in the judiciary and the diplomatic and military corps.
Kuwait had organised training on human rights and international law, including the Convention, for 156 military and civilian officials employed by the Ministry of Interior. These officials were called on to implement the provisions of the Convention, which had been implemented into school and university syllabuses through human rights education programmes. There were also measures in place to disseminate a culture of human rights among public officials.
Kuwait had created a national system to receive complaints from migrant workers, through which the State guaranteed housing and healthcare without cost to victims. The State had hosted 1,153 migrant workers in protective shelters since 2020. When migrant workers expressed their desire to cease their employment, the State granted them that right and facilitated voluntary repatriation to their country of origin, except in cases when they were subject to an investigation by State officials. Kuwait was developing a national system that allowed migrants to return home and change employment if they wished to do so.
National laws were enacted pursuant to the principles of justice, freedom, equality and non-discrimination embodied in the Constitution. Under the Constitution, international treaties ratified by the State gained force of law. Thus, the Convention had the same status as national laws and could be invoked in national courts. In a 2008 Constitutional Court decision, law 15.1, which required a woman to seek her husband’s permission to apply for a passport, was ruled to be unconstitutional as it violated the International Covenant on Civil and Political Rights.
The State party adopted decree 19 in 2012 to safeguard national unity and combat hate speech. State laws did not specifically define racial discrimination or hate speech but included protections for persons who submitted complaints of discrimination. Between 2020 and 2026, public officials had received 367 complaints involving 377 accused persons.
Questions by Committee Experts
ABDERRAHMAN TLEMÇANI, Committee Expert and Country Rapporteur, said that the State party had not published an updated figure on the total population of Kuwait. Could this be provided?
FAITH DIKELEDI PANSY TLAKULA, Committee Expert and Follow-Up Rapporteur, welcomed that the State party had submitted a follow-up report on the implementation of the Committee’s previous concluding observations. The follow-up report addressed legal provisions related to the National Human Rights Authority but did not address the implementation of those provisions. How had the State party implemented recommendations from the Committee and from other States presented in the Universal Periodic Review related to the Authority?
IBRAHIMA GUISSE, Committee Expert and Country Co-Rapporteur, asked whether the State party had consulted with civil society when drafting the report.
Other Committee Experts asked about the number of complaints of racial discrimination that had been assessed by the National Human Rights Authority; whether the Authority had offices nation-wide; the number of persons who worked for the Authority, and the circumstances under which they could they be removed from office; whether the Authority could bring complaints to courts ex-officio; plans to make the Authority independent and apply for its accreditation with the Global Alliance of National Human Rights Institutions; and whether international human rights conventions had higher authority than national laws.
Responses by the Delegation
The delegation said that the decree of 2015 establishing the National Human Rights Office had recently been amended through a 2026 decree law, which changed its name to the National Human Rights Authority and enhanced its structural and institutional independence. The new law established a tri-partite committee to govern the Authority until its governing body was established and detailed the Authority’s functional and financial independence. No one could interfere in the Authority’s work, including the National Cabinet. The Authority’s governing body would be composed of prominent personalities known for their integrity and interest in human rights. Government officials would be present only on a consultative basis and would not have the right to vote. There was a mechanism for the Authority to refer cases to court in cases of non-cooperation of Government officials.
Decree law 114 on foreigners guaranteed the rights of migrant workers. Since 2025, around 2,300 cases involving migrant workers were referred to the Prosecutor’s Office. Three cases resulted in convictions, with jail time and fines, and one case concerned a transboundary situation. Four complaints from migrants related to residency, passports and temporary arrest had been received by the Department of Human Rights of the Ministry of Interior over the past four years. In each case, the necessary legal measures were taken.
In cases where a national law clashed with an international treaty, the international treaty took precedence.
Population data was collected most recently in the 2023 national census, which broke down the population based on age groups, regional groups, residency status and nationality.
Since 2019, Kuwait had conducted consultations with civil society when preparing reports for international human rights bodies, including for this Committee, through the framework of the Standing Committee for the Preparation of Reports within the Ministry of Foreign Affairs.
Questions by Committee Experts
IBRAHIMA GUISSE, Committee Expert and Country Co-Rapporteur, said Kuwait had a large population of around 3.2 million migrant workers, who represented around 70 per cent of the population and 85 per cent of the country’s labour force. The majority were from Asia. There were reports that migrants were exposed to discriminatory policies, such as preferential access to certain medicines and vaccines for citizens and inadequate language interpretation services. What measures were in place to combat racial discrimination against people of Asian and African descent?
The Human Rights Committee had previously called on the State party to put an end to discriminatory policies and practices against religious minorities, including in the areas of the construction of places of worship, the accreditation of religious educational institutions and religious education in public secondary schools. What measures were being taken in this regard?
What steps had been taken to combat racial discrimination against migrants and domestic workers? The State party reportedly implemented sectoral quotas and restrictions on certain nationalities of migrant workers. In 2026, Kuwait's Ministry of Interior reportedly issued a circular limiting the recruitment of domestic workers to 10 approved countries. What impact had this had? The new law on the residence of aliens prohibited any migrant from changing jobs or sectors without the initial approval of their employer, and since July 2025, Kuwait required migrant workers in the private sector to obtain employers’ permission before leaving the country. Was the State planning to abolish restrictive controls on mobility?
Under decision 306 of December 2025, most migrants needed to pay a health insurance fee as a condition for the issuance or renewal of their visa, with only narrow exemptions. Foreign nationals were not entitled to the same free health care as citizens and needed to rely on private insurance. What impact had decision 306 had on the 1999 law on health insurance for foreigners?
The Committee was concerned that the kafala sponsorship system continued to be applied to migrant workers, making them highly dependent on their employers, and exposing them to exploitation and abuse. What steps had been taken to abolish the sponsorship system? The Committee was also concerned that foreign workers did not appear to be exercising their right to family reunification.
Many domestic workers reportedly worked in conditions close to forced labour under the kafala system. They suffered multiple abuses, including confinement in their employers' homes, the refusal of wages, extremely long work hours without adequate rest periods, and exposure to physical and sexual assault. Domestic workers also faced significant barriers in accessing appropriate psychological support and health care, with an absence of effective redress mechanisms and legal protection. What measures had been taken to prevent their exploitation and abuse? The confiscation of passports was also not expressly criminalised. Could the State party provide data on complaints from migrant workers and domestic workers on labour exploitation and abuse, investigations conducted and sanctions imposed?
The new law on residency of aliens granted the Ministry of Interior broad powers to expel migrants on the basis of vaguely defined justifications such as “public interest” without judicial oversight or effective guarantees of the right to appeal. There were reports of forced deportation of around 40,000 migrants from Kuwait in 2025, as part of widespread security campaigns targeting migrants. Could the delegation comment on allegations of arbitrary mass expulsions of migrants? What mechanisms were in place to ensure that the protection needs of each migrant were assessed individually? What were the mechanisms for judicial review of administrative expulsion decisions? Could updated information be provided on the number of persons expelled, and the grounds for expulsion?
Responses by the Delegation
The delegation said the State party had recently issued decree law 72, which regulated the creation and management of places of worship. The law ensured transparency in the registration process and prevented the exploitation of places of worship for religious or political means. It limited the number of places of worship and ensured oversight of places of worship to prevent discrimination. The Constitution upheld the right of freedom of religious belief, so long as this right did not run counter to public morality. There were legal mechanisms for appealing when applications for accreditation of places of worship were denied.
Kuwait applied no discriminatory practices related to access to health for citizens and foreigners. Healthcare services were provided by the Ministry of Health in line with 1999 legislation, which protected patients from discrimination or violations of the right to privacy. Citizens were not prioritised in the distribution of COVID-19 vaccines, but rather elderly persons were. A 2011 decision waived healthcare fees for illegal foreigners, including for medical treatment and medicines. Over half a million people had benefited from exemptions from healthcare costs.
Kuwait did not impose kafala. It had worked to modernise its labour framework and promote the right of employees to change their employers, a right protected under 2023 legislation. Some 27,100 workers had availed themselves of this right. Law 68 of 2015 required the Public Labour Authority to monitor the implementation of labour legislation. The Authority had adopted measures to prevent the confiscation of migrant workers’ passports and assessed complaints of confiscation. Law 114 on the residence of aliens included measures protecting the rights of migrant workers, including domestic workers. The State had registered over 1,300 complaints related to the non-payment of wages from migrant workers and implemented 322 convictions of one to three years’ imprisonment in these cases. It had also recorded 27 cases of forced labour involving migrants, which led to three convictions. Between 2022 and 2026, 2,700 women applied for family reunification. Kuwait would continue to review its laws related to migrant workers.
The State regulated movement in Kuwait based on the Constitution and national laws. Administrative deportation was based on objective legal measures and was only applied in grave cases after careful consideration. There was no targeting of minorities. The Ministry of Interior had the authority to issue administrative deportation orders, which was regulated by 2025 legislation that limited the time of arrest to 30 days, with the possibility of extension. The law also gave the Minister of Interior the authority to waive outstanding fines imposed on persons subject to deportation.
Questions by Committee Experts
IBRAHIMA GUISSE, Committee Expert and Country Co-Rapporteur, asked whether migrant workers who chose to quit their jobs could freely seek a different employer. What measures were in place to guarantee access to property for migrant women? The State party had reported that it did not host asylum seekers or refugees, but the absence of asylum requests did not mean that there were no asylum seekers in the State. The report cited 85,000 illegal residents in Kuwait. Could the delegation explain this?
FAITH DIKELEDI PANSY TLAKULA, Committee Expert and Follow-Up Rapporteur, said that the Committee’s previous concluding observations called on the State party to ensure the provision of official identity documents to the Bidoon and consider naturalising persons who had lived in Kuwait for a long period of time. How many Bidoon had been given official documents since 2018?
GÜN KUT, Committee Chair, said the State party had stated that it could not deport refugees or asylum seekers, but it had also stated that it did not host asylum seekers or have a system for recognising them. Could the delegation explain this?
Other Committee Experts asked questions on measures to abolish the kafala system; measures to ensure that the provisions of the law limiting the work hours of domestic workers were implemented; conflict settlements related to non-payment of wages and abusive contracts; investigations into cases of murder of migrant workers and efforts to provide reparations to the families of the deceased; whether the State had set up a labour inspection mechanism; why the State required migrants to pay health insurance fees to apply for residence visas; measures to ensure that a lack of identity documents did not block access to emergency medical care; measures to provide reparations to domestic workers who were forced to obtain their employers’ permission to seek medical treatment; the impact of the State doubling the cost of annual compulsory insurance for non-citizens in 2025; measures to protect migrant women from abuse by their employers, such as restriction of their movement and confiscation of their documents; and whether the State party collected data on discrimination against migrant women.
Responses by the Delegation
The delegation said that Kuwaiti labour laws allowed workers to change employers without the prior permission of their current employers if there was a dispute or if the employer did not respect the terms of the contract. There was a mechanism for employees to file complaints against their employers for violations of this right. There were around 43,000 complaints registered through a dedicated mechanism between 2022 and 2025 related to wages paid late, and most of these cases were settled out of courts. When cases could not be settled amicably, migrants could take their case to court and were not required to leave the country while their complaint was being settled. The Public Prosecution was investigating cases of non-payment of migrant workers’ wages through a dedicated taskforce and took appropriate measures in cases of violations.
Kuwait made birth, marriage, divorce and death certificates and other administrative documents available for migrant workers. There were no legal provisions in Kuwait covering asylum seekers or refugees; the State was not party to the United Nations Refugee Convention or its Additional Protocols. However, the Constitution addressed political and humanitarian asylum. Kuwait did not currently host or recognise asylum seekers or refugees but had a constitutional provision that would protect political refugees, if the State were to ever host them, from deportation.
Law one of 1999 regulated the provision of health care to foreigners. Costs for public health insurance were symbolic, covering only a fraction of what the State spent. Considering recent inflation, the current cost of 100 dinars did not have a negative impact on migrant workers’ finances and did not exclude people from medical services. Irregular residents, children of foreigners and domestic workers were excluded from paying this cost.
Authorities could suspend the arrival of migrant workers from specific States to preserve the security of the country, but these suspensions were lifted as soon as security conditions allowed the State to do so.
Questions by Committee Experts
ABDERRAHMAN TLEMÇANI, Committee Expert and Country Rapporteur, said the State party report said that “illegal residents” were not stateless as they “voluntarily concealed their nationality”. What remedies were available for persons who had no nationality? The report also stated that around 91,000 people had regularised their situation since 1991 and 17,200 were naturalised between 1992 and 2018. Why had the population of the Bidoon decreased from 220,000 in 1991 to 85,000 in 2018? How did the State determine whether “illegal residents” were eligible for naturalisation? Decisions related to naturalisation could not be appealed. Did this rule also apply to decisions to withdraw nationality? On what legal grounds could nationality be withdrawn? How many people had had their nationality withdrawn? What safeguards existed to prevent statelessness?
Children of Kuwaiti mothers married to foreigners could acquire Kuwaiti nationality only in the event of divorce, death or captivity of the father. Kuwaiti men married to foreign women were not subject to any conditions for passing on their nationality. Did the State party plan to eliminate this differential treatment? There was no possibility for a Kuwaiti woman to pass on her nationality to her foreign spouse. Why was this? What measures protected the children of Kuwaiti mothers and foreign fathers from statelessness? How many such children were there in the country?
The nationality of Bidoon could be registered as “non-Kuwaiti” instead of a specific nationality. Did this practice administratively perpetuate their exclusion? Did the State party intend to revise its legal position of systematically referring to the Bidoon as “illegal residents” rather than recognising, on a case-by-case basis, those of them who objectively met the definition of statelessness in the 1954 Convention? Did Bidoon women and children face additional barriers to accessing education, employment and civil status documents?
Statistics on family reunification showed that the burden of proof of income fell on the foreigner “breadwinner”. Did this rule have a differentiated effect according to the sex of the migrant worker? Were certain nationalities of domestic workers over-represented in abuse complaints?
Responses by the Delegation
The delegation said Kuwait had jurisdiction over the acquirement of its nationality. Laws on nationality were based on objective and clear principles and were not based on any form of discrimination. Recent legal and administrative developments sought to ensure that legislation on nationality was transparent. The legal status of individuals was recorded in national registers. The removal of nationality was not based on racial discrimination, but on well-defined legal grounds. Children born of Kuwaiti mothers were treated as Kuwaiti until the age of majority.
Statelessness was regulated by well-defined legal criteria. The State referred to Bidoons as “residents in an irregular situation”. The fall in their population had occurred because some had chosen to go home or seek asylum in other States. Some 10,000 irregular residents had been regularised. Non-Kuwaiti persons had the right to appeal decisions related to residency and nationality, and the State had reviewed such complaints pursuant to legal texts, including 2,700 complaints from women.
The Labour Code guaranteed the rights of workers, and the Labour Authority had adopted a decision in 2021 that prohibited discrimination during recruitment in the private sector. This protection also applied to domestic workers. Complaints from workers were received by the Labour Authority. All complaints were reviewed without discrimination and appropriate judicial measures were taken in response. The Labour Authority had continued to develop data collection and oversight systems, and a pilot project had been launched to revise the Labour Code to further strengthen protections against workplace discrimination.
Follow-Up Questions by Committee Experts
IBRAHIMA GUISSE, Committee Expert and Country Co-Rapporteur, asked whether the Bidoon were an indigenous population or settlers from abroad. Why did they not have identity documentation? Decree 107 of 2024 broadly expanded the executive’s powers related to nationality. How many people had had their nationality revoked since the adoption of this legislation? What procedural guarantees and legal remedies were available for persons whose nationality had been revoked? Did the State party plan to ratify the 1954 Convention on Statelessness?
Other Committee Experts asked about measures to ensure that all children born in Kuwait were provided with identity documents; whether non-Kuwaiti children had access to scholarships; mechanisms to combat statelessness and determine the status of the Bidoon; remedies for the around 40,000 people, mostly women, who had formerly gained Kuwaiti nationality through marriage but were stripped of that nationality in 2023; reasons why the State had reportedly decided to remove the Kuwaiti nationality of around 70,000 people since 2024; whether the Government was considering reforms to nationality laws to include a clear pathway to citizenship for long-term residents and their families; whether there were mechanisms to prevent and report cases of sextortion of Bidoon women by officials; measures to make it easier for vulnerable people to obtain residency cards; and the number of Bidoon children admitted in public schools.
Responses by the Delegation
The delegation said that nationality was removed in accordance with the law. Nationality could be removed in cases such as falsification of documents and behaviour that undermined the social, economic or political situation in Kuwait, such as joining the military of a foreign country without authorisation. These measures were not a form of racial discrimination. Kuwait dealt with nationality in a responsible, balanced way, while preserving the sovereign right of the State in accordance with international commitments. Persons deprived of Kuwaiti nationality returned to their previous nationality in accordance with the laws of the concerned State. If this was not possible, Kuwait continued to provide basic services to the person and took all necessary measures to regulate their legal status. Concerned persons and their families could continue to work in public and private sectors, receive pensions, education and scholarships, and maintain residency status.
Irregular residents were not of one racial origin; they were diverse. Some had travelled from other States, and some pretended to deserve Kuwaiti nationality. This was why the State studied each case individually to determine national origins. The State had taken several decisions to provide services for irregular residents, including education, healthcare, and driving licences. Around 35,000 children of irregular residents were enrolled in education. A 2011 ministerial decision exempted irregular residents from paying for health care and medicines. Irregular residents were entitled to significant pensions. Those who had served the State were entitled to bonus pension payments. Irregular residents could access the courts and civil registry documents to guarantee their legal status. Law 114 of 2024 had been amended to extend the residency of these persons for up to 15 years.
An office was created in 2024 to support naturalised women whose nationality had been revoked. The office ensured that these women and their families could access their civil rights and basic services.
Courts had investigated all complaints of extortion by irregular women, and all persons whose rights had been infringed had had their rights re-established. Workers could file complaints and grievances when there were allegations of violence against them by their employers.
Questions by Committee Experts
BAKARI SIDIKI DIABY, Committee Expert and Country Co-Rapporteur, said the Committee had previously called on the State party to adopt legislation defining racial discrimination in line with the Convention. It was important that this was done, and that the law on public function was amended to prevent discrimination in the hiring of civil servants. What measures were adopted to implement the 2012 law banning hate speech? Hateful messages related to migrants had been spread on social networks and by public figures. What measures were in place to ensure that such hate speech was efficiently and effectively investigated, perpetrators punished, and victims provided with reparation?
The Committee had previously expressed concern regarding reports of torture and ill-treatment of Bidoon human rights defenders and excessive use of force by officials during protests by the Bidoon. Had the State set up independent mechanisms to investigate allegations of human rights violations against members of the Bidoon? This year, Special Procedures had expressed concern regarding a decision to deprive a journalist of nationality. How did the State ensure that the removal of nationality was not done arbitrarily? What countries were the Bidoon sent to when they were subject to expulsions? What guarantees were provided to ensure that they were not put in danger during expulsions? What training on the rights of the Bidoon was provided to public officials?
What complaints mechanisms were available for migrant workers, and how did the State ensure that these mechanisms were accessible? Did the State party provide interpretation services for those who could not read or write in Arabic? How many cases of discrimination had been brought to the courts and how many had led to sentences for defendants? What measures were in place to protect migrant workers who were frequently exposed to very hazardous conditions?
Discrimination in sports in Kuwait affected mainly women and stateless minorities. Women’s sports faced cultural and structural barriers; how was the State working to lift these? How was the State supporting stateless persons who wished to become high-level athletes? These persons were reportedly often excluded from elite sports due to residency status.
Responses by the Delegation
The delegation said Kuwait promoted an environment that was inducive to the protection of human rights and ensured that no one was subjected to torture or ill-treatment. The State took several measures to protect human rights defenders. The Constitution protected these persons’ basic rights. Complaints of abuse from human rights defenders could be reviewed by the Human Rights Department of the Ministry of Interior, which referred complaints to the Public Prosecution as required. This Department had not received any complaints from human rights defenders since its creation in 2025.
Decree 19 on the protection of national unity did not have a definition of hate crimes, but the legislature sought to criminalise such acts. The General Prosecutor had established an office to receive and assess complaints of hate crimes; it had received 367 cases from 2020 to 2026, of which it had referred 189 to the courts, leading to 169 convictions.
The journalist whose nationality had been withdrawn had voluntarily acquired United States nationality, which was grounds for removal of Kuwaiti nationality. This individual had been charged on 7 March 2026 of propagation of false information harming the best interests of the nation. This person had received the necessary healthcare, medication and vaccinations, and was released on 23 April 2026.
Courts were open to all on an equal basis. Interpretation services for persons who did not speak Arabic were provided by the courts, and a digital service had been developed to facilitate requests and record data on legal assistance. The State employed around 15 interpreters, and over 5,000 interpretation services were provided in 2023 and 2024. Complainants could select their own interpreters.
Kuwait had an integrated architecture to protect workers’ rights. Workers could lodge complaints with the Labour Authority in English as well as Arabic. When a worker died, an investigation was launched to ascertain the cause of death and manage matters pertaining to succession. The right to remedy was protected.
Women were allowed to participate in sports activities without exception.
Follow-Up Questions by Committee Experts
BAKARI SIDIKI DIABY, Committee Expert and Country Co-Rapporteur, asked about the ratio of nationals and non-nationals in prisons. Was the State party considering a specific law to protect human rights defenders? State law did not allow for dual nationality. Were measures planned to restore the Kuwait nationality of women who had held dual nationality? What measures were in place to support irregular children who did not have good academic results and could not access scholarships?
IBRAHIMA GUISSE, Committee Expert and Country Co-Rapporteur, asked about examples where complaints against employers by employees had led to a conviction. One non-national who had criticised State policy on social media had been expelled from the country. Could the delegation comment on her case?
Other Committee Experts asked questions on whether foreigners in an irregular situation could access justice, and whether they risked expulsion when they made complaints to the State; and whether the short-term, unstable employment contracts provided to foreign judges in Kuwait weakened the national justice system.
Responses by the Delegation
The delegation said the law regulated the right to freedom of expression, which could not infringe on the interests of society or lead to the vandalization of public property. Public gatherings could only be held after securing a permit for the gathering five days before the event. Officials needed to safeguard the security of the public while such gatherings were held. The Constitution governed the right to freedom of opinion and expression, rights that could be exercised when they did not affect public order. Human rights defenders could file complaints of abuse by authorities and had access to attorneys.
Persons who had lost their Kuwaiti nationality automatically recovered their original nationality. Kuwait worked with other States to facilitate this process, ensuring that persons deprived of nationality could access basic services.
The person referred to by the Committee had posted content on social media that broke the law. She was expelled from Kuwait but had received no custodial sentence before her expulsion.
In the central prison, there were around 1,800 Kuwaitis and 2,100 non-Kuwaitis, while in other public prisons, there were around 1,100 Kuwaitis and 1,000 non-Kuwaitis.
The State ensured that all persons had access to justice on an equal basis, including for irregular residents. All members of the judiciary, including non-Kuwaitis, were independent and no one could interfere in their work. The employment of non-Kuwaiti judges was a transitional measure, and the State was working to train local judges.
Closing Statements
FAITH DIKELEDI PANSY TLAKULA, Committee Expert and Follow-Up Rapporteur, said the Committee’s concluding observations for the current dialogue would contain recommendations for implementation within one year, and the Committee expected that the State party would submit a follow-up report on the implementation of these recommendations in one year.
ABDERRAHMAN TLEMÇANI, Committee Expert and Country Co-Rapporteur, thanked the delegation for the open way it had answered the Committee’s questions. The Committee hoped that the dialogue would enhance efforts made by Kuwait to implement the Convention and address current challenges. Mr. Tlemçani thanked all persons who had contributed to the dialogue. He also thanked the State party for the information it had provided, saying he looked forward to receiving more information on the matters raised in future. He expressed hope that the Committee’s concluding observations would be implemented to promote the rights of all persons in Kuwait.
NASER ABDULLAH ALHAYEN, Permanent Representative of Kuwait to the United Nations Office at Geneva and head of the delegation, thanked the Committee for its questions and observations, and for the transparent and engaging discussions. The dialogue allowed Kuwait to present developments in the national framework for combatting racial discrimination, safeguarding freedoms and ensuring access to justice. It also provided an opportunity to explain matters related to contract and domestic workers, combatting trafficking in persons, empowering women and protecting children. Protecting rights and advancing equality was a continuous process that required modernisation, strengthening of capacity, greater awareness and access to effective remedies. Kuwait would continue to build on its achievements and address remaining challenges. In this context, it looked forward to the Committee’s concluding observations, trusting that they would consider the national context and be actionable.
Amid the current exceptional security circumstances, Kuwait reaffirmed its unwavering commitment to its international obligations, protecting citizens and residents, and providing them with services without discrimination. Kuwait was determined to continue its cooperation with the Committee, grounded in dialogue, mutual respect and objectivity.
GÜN KUT, Committee Chair, thanked the State party for the dialogue. The Committee would take into consideration in full objectivity the replies that the delegation had provided. Mr. Kut commended that Kuwait was punctual in its timely contributions to the regular United Nations budget. It was encouraging in these times of trouble for the United Nations to hear that Kuwait would continue to support and cooperate with treaty bodies in goodwill. The treaty bodies sought to help States to conform with the obligations that they had taken on by signing and ratifying their treaties.
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