In Dialogue with Kuwait, Experts of the Human Rights Committee Commend the State’s Support for Victims of Domestic Violence, Raise Issues Concerning Xenophobic Hate Speech and the Resumption of Executions
The Human Rights Committee this morning concluded its consideration of the fourth periodic report of Kuwait on how it implements the provisions of the International Covenant on Civil and Political Rights, with Committee Experts commending the State’s measures supporting victims of domestic violence, and raising issues concerning reports of increasing xenophobic hate speech and the resumption of executions.
One Committee Expert welcomed the law recently adopted by the State aiming to protect women from domestic violence, as well as shelters and hotlines set up for victims of domestic violence. How did the State party ensure that all cases of domestic violence were investigated?
A Committee Expert noted that Kuwait saw a significant increase in xenophobic rhetoric during the COVID-19 pandemic. A 2020 poll showed 65 per cent of citizens believed foreign workers were to blame for spreading COVID-19 in the country. There were reportedly thousands of people posting hateful content on social media, inciting violence against migrants and other vulnerable groups. Since 2020, how many complaints of hate speech against migrant workers and non-citizens had been lodged, and how were they followed up on?
Another Committee Expert said the Committee had previously expressed its concern about the resumption of executions, despite the de facto moratorium on the death penalty. Executions had reportedly been increasingly carried out between 2016 and 2023. Did the State party intend to re-establish a de facto moratorium, before a possible de jure moratorium, and reform its legislation to limit the death penalty to the most serious crimes?
Naser A. Alhayen, Permanent Representative of Kuwait to the United Nations Office at Geneva and head of the delegation, introducing the report, said the rights of women and children were upheld by a recently issued law on protection from domestic violence. The national committee on combatting domestic violence had been established, which had provided support services to over 60 families whose members were victims of domestic violence.
The delegation added that in 2022, there had been over 2,000 complaints of domestic violence. Kuwait had been implementing the law on domestic violence, establishing centres for victims of domestic violence in collaboration with civil society. The Supreme Council for Families had established a council for assessing and reforming legislation on domestic violence. Training programmes were provided to public officials on investigating and addressing cases of domestic violence.
The delegation said hate speech, discrimination and racism were prohibited under the Constitution, which protected the right to freedom of religious belief. Every person was equal under the law. The public could not promote the supremacy of one religion or race over others, or religious discord. A 2015 law prohibited hate speech and incitement to hatred. All individuals could bring related cases to the Constitutional Court.
The death penalty was only issued for the most serious crimes, the delegation said. The death penalty was implemented with several safeguards. Executions could not be carried out while cases were being appealed. If new information came to light, appeals could be reheard.
In concluding remarks, Mr. Alhayen said the delegation had demonstrated Kuwait’s desire to interact positively with the treaty body system. He called on the Committee to consider the progress that Kuwait had made and the State’s national specificities. Kuwait promoted the universality of human rights. The State aimed to improve legislation and implementation of the Covenant.
Tania María Abdo Rocholl, Committee Chairperson, in concluding remarks, said the dialogue had addressed Kuwait’s national human rights institute, gender equality, violence against women, prohibition of torture, abuse of domestic workers, the right to peaceful assembly, forced labour, and freedom of expression and religious belief, among other topics. The Committee sought to promote the highest standard of implementation of the Covenant in Kuwait.
The delegation of Kuwait was made up of representatives of the Ministry of Foreign Affairs; Ministry of Interior; Ministry of Social Affairs; Ministry of Information; Public Authority of Manpower; Supreme Council for Family Affairs; Ministry of Justice; Ministry of Education; Central System for the Remedy of Situations of Illegal Residents; Public Authority of the Disabled; Supreme Council for Planning and Development; and the Permanent Mission of Kuwait to the United Nations Office at Geneva.
The Human Rights Committee’s one hundred and thirty-ninth session is being held from 9 October to 3 November 2023. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 3 p.m. on Tuesday, 17 October to begin its consideration of the fifth periodic report of the United States under the optional reporting procedure (CCPR/C/USA/5).
Report
The Committee has before it the fourth periodic report of Kuwait (CCPR/C/KWT/4).
Presentation of the Report
NASER A. ALHAYEN, Permanent Representative of Kuwait to the United Nations Office at Geneva and head of the delegation, said Kuwait was committed to implementing the International Covenant on Civil and Political Rights nationally, but had submitted interpretive declarations and reservations to provisions that contradicted the Islamic Sharia.
The COVID-19 pandemic had halted progress in the implementation of civil and political rights. There had been unprecedented restrictions on public gatherings and movement. However, the Government had carried out elections in December 2020, ensuring the public’s participation in public affairs. The Government had provided COVID-19 vaccines to its population without discrimination. It had provided more that 300 million United States dollars in contributions to medical research related to the pandemic.
Kuwait had in 2019 elevated the head of the National Human Rights Office to the status of “Assistant Foreign Minister for Human Rights Affairs”. In 2018, the Ministry of Justice established a Standing Committee on international human rights law. The Committee had held several training courses and awareness raising programmes to spread awareness of the Covenant and international human rights law among the judiciary and public officials.
The State gave due attention to the rights of the family based on the tenets of Islam and the Constitution. The rights of women and children were upheld by a recently issued law on protection from domestic violence. The national committee on combatting domestic violence had been established, which had provided support services to over 60 families whose members were victims of domestic violence. The protection of children was a priority for the State’s bodies. A strategy to protect children’s rights had been established, as had an international centre on the protection of children’s rights. A United Nations Children's Fund office had been opened in Kuwait, and a project to study the State’s policies for children had been initiated.
Kuwait cooperated with Special Procedures mandate holders and had benefitted from their observations on several issues. The Special Rapporteur on violence against women and girls visited Kuwait earlier this year and met with State officials. She had praised the commitment of Government officials to protecting the rights of women and girls. Articles seven and 29 of the Constitution protected the rights of women and girls, and the State had designated 16 May as a national day to recognise the contributions of women to society. Women had taken up positions as ministers, ambassadors, members of the State Council, and members of other vital sectors. Eight female judges had been appointed to the judiciary. Women made up 60 per cent of the public sector. The State had formed a committee that supported women to access leading positions. Several laws had been amended to promote women’s rights. The law that prevented women from obtaining passports without the permission of their husbands had been rescinded. The State was conducting awareness raising campaigns on the rights of women with the participation of civil society organizations.
In its Universal Periodic Review, Kuwait had accepted most recommendations issued to it, rejecting only 54 on the basis that they ran counter to national values. The State recognised the importance of human rights. Kuwait had been elected as a member of the Human Rights Council for the period of 2023 to 2024. This was a vote of confidence in the State’s efforts to promote human rights. Kuwait sought to engage in constructive dialogue with the Committee and would benefit from the Committee’s remarks.
Questions by Committee Experts
A Committee Expert said Kuwait had issued interpretative declarations on articles one, three and 23 of the Covenant, and a reservation to article 25. Had the commission reviewing the declarations and reservation finished its work and made recommendations to parliament to reconsider them? What was the status of the reservation and declarations and the prospects for further development?
Had courts and tribunals effectively applied the relevant provisions of the Covenant in cases before them? Were there any examples of cases where judges had referred to the Covenant? Had individuals ever brought proceedings against the State party based on alleged violations of the human rights protected by the Covenant? There were reports that foreign nationals had no effective judicial remedy before the courts in the event of abuses against them. Were these reports true? Did Sharia law apply when there was conflict between it and the Covenant, in particular regarding the rights and obligations of spouses in marriages? Did the State party plan to ratify the first Optional Protocol authorising individual communications? How did the State raise awareness of the provisions of the Covenant among lawyers, members of parliament, members of the law enforcement and security forces, and the public?
The National Human Rights Office was under the supervision of the Council of Ministers. To what extent was this institution independent and what role did it play in protecting human rights? The Office had a Standing Committee on Complaints and Grievances that followed up on individuals’ complaints. It had received 181 complaints in the 2020-2021 period. What was the nature of these complaints and how were they addressed? When did the State party envisage establishing a national human rights institute in line with the Paris Principles?
The Constitutional Court, on 16 February 2022, censured the provisions of article 198 of the Criminal Code following an appeal against this article. The article established the vague offence of "imitation of the opposite sex". Did the State party still intend to implement this law, which could lead to arbitrary arrests on the basis of persons’ appearance? On 20 June 2022, the Ministry of Trade and Industry launched a campaign to censor lesbian, gay, bisexual and transgender symbols and slogans. How was this campaign compatible with the non-discrimination provisions of the Covenant?
Another Committee Expert said that in 2016, Kuwait established the Anti-Corruption Authority, known as “Nazaha” [integrity]. Widespread corruption still reportedly persisted and Kuwait continued to suffer significant financial losses, estimated at four billion United States dollars annually. Nazaha lacked power to conduct covert surveillance, execute search warrants and arrest suspects. How did the State party plan to ensure effective investigations into corruption, expand the powers of Nazaha, ensure its independence and impartiality, and monitor its effectiveness? Six hundred complaints were lodged with Nazaha last year. What were the outcomes and sanctions in each case? What was the total amount of funds involved, and how much had been recovered? The whistle-blowing law stated that anyone reporting a crime of corruption would be indicted in the event of reporting false information. How many whistle-blower protection requests had been submitted since 2016? How did the State party ensure the safety and protection of whistle-blowers, and ensure that whistle-blowers who reported corruption based on a reasonable belief would not be punished?
Kuwait saw a significant increase in xenophobic rhetoric during the COVID-19 pandemic. A 2020 poll showed 65 per cent of citizens believed foreign workers were to blame for spreading COVID-19 in the country. There were reportedly thousands of people posting hateful content on social media, inciting violence against migrants and other vulnerable groups. Since 2020, how many complaints of hate speech against migrant workers and non-citizens had been lodged, and how were they followed up on? Did the State party engage with social media companies and civil society to monitor and combat incidents of hate speech online? Well-known public figures reportedly promoted discrimination against migrant workers. How was the State party addressing this conduct? Were awareness raising campaigns for the public planned?
There were 180 cases of occupational fatalities in 2021 and 2022, and all but two of them involved non-Kuwaiti workers. How did the State party ensure accurate and comprehensive reporting of all work-related deaths? Most occupational deaths were a result of falling from heights. What measures had been taken to ensure workers were safe when working at heights? How did the State party ensure that occupational safety training and awareness programmes were tailored to migrant workers’ language and cultural backgrounds? What were the incentives or penalties to encourage employers to invest in effective safety measures for their employees? What kind of reparations were offered to families of deceased migrant workers? Reports showed that migrant workers had been coerced to work in exposed places at temperatures of 50 degrees Celsius and above. What steps were being taken to enhance monitoring in areas prone to harsh weather? How did the State ensure that workers who filed complaints were protected from retaliation? All the workplaces inspected in 2022 were in breach of heat safety regulations. How did the State party plan to follow-up on investigations to prevent reoffending?
Another Committee Expert said that the State’s interpretive declarations to the Covenant undermined the Covenant’s objectives. What steps were being taken to increase the participation of women in decision-making roles? There was a lack of female representation in political bodies. Did the Government intend to establish a fixed quota for women’s representation in political bodies? The Committee welcomed the law recently adopted by the State aiming to protect women from domestic violence, as well as shelters and hotlines set up for victims of domestic violence. How many shelters and rehabilitation centres had been set up? How did the State party ensure that all cases of domestic violence were investigated? What other measures were taken to protect victims? Could the delegation provide disaggregated data on the number of investigations into domestic violence and sexual abuse cases?
One Committee Expert said the State party reportedly continued to adopt discriminatory practices and measures against the Bidoon, in particular with regard to access to citizenship and identity documents, to education, and to health services. How many Bidoon and their children born in Kuwait had been able to obtain citizenship? Had the State addressed reported obstacles to renewing identity documents for the Bidoon? What measures were being taken to ensure effective equality of access to education, health, work, protection of the courts, and the full exercise of political rights for this group?
The Committee had previously expressed its concern about the resumption of executions, despite the de facto moratorium on the death penalty. Executions had reportedly been increasingly carried out between 2016 and 2023, including for offences that did not fall within the definition of the "most serious crimes" under article 6 of the Covenant. The State party had still not ratified the second Optional Protocol to the Covenant on the abolition of the death penalty. Drug-related offences reportedly fell within the scope of capital offences in the State. Did the State party intend to re-establish a de facto moratorium, before a possible de jure moratorium, and ratify the second Optional Protocol? Did it intend to reform its legislation to limit the death penalty to the most serious crimes? Could the delegation provide clarification on the judgment of the Criminal Court of 2 August 2022, which imposed the death penalty on three Iranian drug traffickers?
A Committee Expert asked about the status of a bill which aimed to bring the Criminal Code in full compliance with article one of the Convention against Torture. What investigations, disciplinary measures, and prosecutions and convictions had been carried out for crimes of torture? In June 2022, a Kuwaiti citizen was reportedly severely tortured in the Criminal Investigation Department of the Ministry of Interior, which resulted in him entering the intensive care unit. What training related to torture was provided to law enforcement personnel? What oversight and accountability mechanisms were in place to ensure compliance with measures protecting against torture? Did the State party intend to ratify the Optional Protocol to the Convention against Torture? How did current legal frameworks ensure compensation and support for victims?
Responses by the Delegation
The delegation said the Constitutional Court and the Court of Cassation had invoked the Covenant in several cases, including case 56 in 2018 on the law on passports, and a ruling in 2019 on equal access to public posts. The Government published information on the international treaties it had ratified on State websites. Training on those treaties was provided to members of the judiciary. All citizens could use a free State service to commence legal proceedings. In 2019, a Constitutional Court decision rendered non-payments to foreigners for work in the private sector unconstitutional.
The decree establishing the National Bureau for Human Rights stipulated that it was independent. In 2018, the board members of the Bureau were appointed. The Bureau conducted awareness raising campaigns on human rights, notably means of protecting children and women, and combatting drug use and human trafficking. The Bureau had conducted research on rights to strike, freedom of religion, joining international treaties, marital rape and other topics. Members of the Bureau carried out field visits to police stations and provided recommendations on promoting human rights. The Bureau had received over 100 complaints from individuals, the majority of which had been referred to the relevant authorities. Complaints had been received related to deportation and domestic violence, among other topics.
The Anti-Corruption Authority took measures to protect whistle-blowers and their relatives in line with relevant legislation. The Government did not reveal the identity or whereabouts of whistle-blowers. Whistle-blowers were not subjected to disciplinary measures if they followed relevant legal criteria. They could report to any authority. A workshop on protecting whistle-blowers had been held for public officials. Measures had also been adopted to ensure the confidentiality of whistle-blowers’ complaints.
The Government sought to combat corruption. It had implemented a law to criminalise corruption and bribe-seeking, and a programme to combat corruption was being implemented.
The State granted nationality according to its nationality legislation. Each child born to a Kuwaiti father was granted Kuwaiti nationality. There had been several requests for nationality from illegal residents. The State had granted 17,000 requests for nationality. In 2011, the Council of Ministers adopted a decision granting illegal residents free care in all hospitals and medical centres, free education and the right to obtain drivers’ licences. Illegal residents also had access to courts. The State could appoint lawyers for such residents. The State guaranteed such residents’ freedom of expression in all media and freedom of assembly with the authorisation of authorities. Illegal residents with disabilities were provided with cards that allowed them to benefit from all State services for persons with disabilities.
The legislation on imitation of the opposite sex had been repealed by the Constitutional Court. It could not be applied. There were no plans to amend legislation prohibiting same-sex relations, which ran counter to the Islamic Sharia. The State sought to preserve public health and morals.
Hate speech, discrimination and racism were prohibited under the Constitution, which protected the right to freedom of religious belief. Every person was equal under the law. The public could not promote the supremacy of one religion or race over others, or religious discord. A 2015 law prohibited hate speech and incitement to hatred. All individuals could bring related cases to the Constitutional Court
Women were granted all civil and political rights on an equal status with men. Legislation on women’s equality had enhanced the political and public participation of women. Women held decision-making roles in all State apparatus. Over 400 ministerial staff were women; 20 female public prosecutors had been hired out of 62; and 34 per cent of members of the judiciary were women. There were over 100 female diplomats, and 47 per cent of the Ministry of Defence’s advisory staff were women. Kuwait’s ranking in the World Gender Gap Index for 2023 had risen to 123rd in 2023; it was third among Arab States. A 2010 law stipulated equal pay for equal work, and another law of 2021 prohibited sexual harassment in the workplace. Women were encouraged to stand for elections at all levels. The State did not intend to put forward quotas for women’s representation in political bodies.
Foreign husbands of Kuwaiti women were not granted Kuwaiti citizenship because this would allow them to grant that citizenship to their children. This was inappropriate as such persons had not contributed to Kuwaiti society.
In 2022, there had been over 2,000 complaints of domestic violence. Kuwait had been implementing the law on domestic violence, establishing centres for victims of domestic violence in collaboration with civil society. Female supervisors in these centres provided social support and protection. Victims were referred to a psychosocial health centre and were enrolled in training courses. Free transport was provided to schools and workplaces for victims, who were also given financial support and support in finding housing. The Supreme Council for Families had established a council for assessing and reforming legislation on domestic violence. Training programmes were provided to public officials on investigating and addressing cases of domestic violence.
The death penalty was only issued for the most serious crimes. Crimes punishable by the death penalty were investigated by the independent public prosecution. Pregnant women and mentally unfit persons could not be executed. Death penalty sentences could be challenged. In the case of the three Iranian persons who had confessed to smuggling illegal drugs into Kuwait, the Appeals Court had commuted their case to life imprisonment. Kuwait had ratified various international conventions addressing drug trafficking and related crimes.
Follow-Up Questions by Committee Experts
A Committee Expert said Kuwait was one of the first countries in the Arab region to provide women with access to the National Assembly. How did the State ensure the safety of women’s working environments and ensure the availability of kindergartens for working women? How was the State party addressing negative stereotypes of women?
One Committee Expert welcomed that the National Bureau on Human Rights carried out visits to police stations. Could it visit prisons? Why was this Bureau not fulfilling the role of national preventive mechanism against torture?
A Committee Expert said the Committee had previously expressed concern about the independence of the judiciary and asked the State to adopt measures to guarantee such independence. What had been done since 2016 to implement the Committee’s recommendations?
Another Committee Expert said that there were some examples of legislation on hate speech not being properly implemented. How was the State party ensuring the implementation of hate speech legislation?
One Committee Expert said that Kuwait’s penalty for crimes of torture was five years imprisonment. This was too light. Did the State party intend to revise this and treat the crime of torture seriously?
Responses by the Delegation
The delegation said there were several United Nations conventions that supported the fact that drug trafficking was a serious crime. Very strict measures were taken according to these conventions if drug trafficking was found to have occurred.
The Government was working with non-governmental organizations to eradicate stereotypes of women. A law had been issued that regulated the provision of childcare.
There were currently no plans to ratify the Committee’s first Optional Protocol. The State party would not amend reservations to the Covenant unless the commission assessing them advised as such, but there was currently no reason to believe that it would issue such a recommendation.
Hate speech in the media was prohibited under the audio-visual law. It was prohibited to publish anything that could harm religious beliefs or to publish information that could damage business prospects. All perpetrators of violations could be prosecuted.
The Ministry of Foreign Affairs supervised the budget of the National Bureau of Human Rights. The State was currently assessing whether the Bureau fully complied with the Paris Principles. The judiciary was fully independent from the other branches of the State. Ministries did not intervene in the execution of judicial power.
The Government paid specific attention to the death rates of migrant workers. Staff who ensured the health of workers were placed in each facility and workshops were conducted to promote workers’ safety. Awareness raising campaigns informed workers of the dangers of working at heights and in high temperatures. The bodies of deceased individuals were repatriated to their countries of origin. Employees’ associations ensured that compensation and other benefits were provided to family members. There had been approximately 180 workplace deaths. Investigators surveyed workplaces where accidents occurred to identify dangerous conditions. Approximately 30,000 investigations had been carried out and investigators provided instructions to workplaces on improving safety.
Torture involving bodily harm carried a penalty of up to 10 years imprisonment. The State established whether harm had been caused to persons deprived of liberty, and prosecuted individuals who engaged in such acts. Fifteen complaints of torture had been received, which had resulted in the imprisonment of two persons for five-year terms.
Questions by Committee Experts
A Committee Expert said premarital medical examinations provided medical information to partners. Was having a medical condition a valid reason to invalidate marriages? Under what legal provisions were premarital medical examinations carried out, and how were these compatible with the Covenant?
Another Committee Expert said the Domestic Workers Act provided legal protections for workers, but there were troubling reports of widespread abuse of such workers. At least four Filipino domestic workers had reportedly been murdered, including a 29-year-old woman whose body was hidden in a freezer for almost two years after her murder. Had the State party introduced background checks on employers of domestic workers and ensured effective screening of employers? How did the State party disseminate information on domestic workers’ rights? Discrimination of domestic workers seemed to be encouraged by the kafala system, which deterred domestic workers from reporting abuse. How would the State party support domestic workers to make complaints?
Domestic workers who left their jobs before the end of the contract without the sponsor’s consent were considered to have “absconded”, a crime under Kuwaiti law which could lead to deportation and a visa ban. Was the State party planning to repeal the offence of “absconding”? Eighty-nine per cent of female domestic workers were not given paid leave. How would the State party address this problem? How would the State party address barriers to migrant and domestic workers accessing complaints mechanisms? Could the delegation provide information on investigations carried out into complaints of forced labour? Did the State party intend to repeal the kafala system and provide domestic and migrant workers with the right to change their employer?
The Committee was concerned by legislation that prohibited public gatherings that did not have prior permission from the State. In 2017, 70 Kuwaiti human rights defenders were sentenced to prison terms for a spontaneous peaceful demonstration in 2011. Did the State party plan to repeal the need for prior authorisation for public gatherings? Non-citizens were prohibited from holding peaceful protests. How did the State party ensure that foreign citizens had an equal right to conduct protests? There were reports that security forces attacked protesters at peaceful protests in 2013 and 2015. How did the State party ensure that police actions were proportionate and did not endanger peaceful protestors? How did the State discourage the use of firearms to manage crowds and encourage the use of non-lethal methods of crowd control?
Another Committee Expert said the Covenant precluded arbitrary detention and called for timely trials to be held without exception. Delays should not exceed a few days from the time of arrest, and any delays needed to be exceptional and justified. Investigating authorities had the power to implement arbitrary detention in Kuwait for up to 10 days for criminal offences. Detainees could only challenge extensions or renewal of arbitrary detentions. Did the State party intend to amend or change its provisions on detention to bring them in line with the Covenant? Prisons were reportedly over capacity by up to 40 per cent. How would the State address overcrowding and poor ventilation in prisons?
The Committee commended the State party’s efforts to combat trafficking in persons, including its introduction of a law against trafficking. Could the State party provide information on the penalties imposed for trafficking and the protection and assistance provided to victims? What measures were in place to prevent trafficking in persons and identify victims?
One Committee Expert said that, according to a wide range of reports, there was widespread discrimination of the Bidoon. Bidoon needed to renounce their requests for Kuwaiti citizenship to receive State “nationality cards”, which were reportedly falsified documents that rendered the Bidoon stateless. How would the State party ensure the Bidoon’s access to Kuwaiti nationality?
What had been the result of complaints brought against employers involved in the sale of illegal visas to migrant workers? The Special Rapporteur on modern and contemporary forms of slavery had reported that new technologies had been used to promote economic enslavement and trafficking in Kuwait. What was the State party’s response to this? Individuals being deported reportedly did not have access to due process measures, including repeals. How would the State party bring its deportation regime in line with the Covenant? Would it allow for appeals, prevent administrative detention for more than 30 days, and inform deportees of their rights?
The Committee had in 2019 noted that Kuwait had not made progress in legislation on freedom of association. What was the status of the draft bill of 2019 on freedom of association? Did the State party record reasoning for dissolving or breaking up associations? Non-Kuwaitis did not have the right to association. How did the State party plan to provide this right?
Another Committee Expert asked if legislation provided for alternatives to military service, including in times of war? Did the State party provide minority religious groups with equal rights to construct religious schools? Were all religious groups’ members allowed to retain religious materials while being detained? How was the law on religious practices compatible with article 18 of the Covenant? Did the State party intend to amend all relevant laws to make them compatible with the Covenant?
There were increasing reports of restrictions of freedom of expression, particularly on online fora. On what legal basis were restrictions to freedom of expression implemented? The State party needed to demonstrate the necessity and proportionality of its actions. Were the revocation of 19 newspaper organizations’ licences in 2019 and the detention of journalists on the grounds of defamation necessary and proportionate responses? How did the State party ensure that its laws were not used to repress political opponents?
There was a gap between law and reality in terms of women’s rights. There were reports that women had been excluded from attending primary voting in a local election. What measures were in place to address barriers to women’s participation in public affairs? What education was provided to public officials on women’s rights? The State party imposed restrictions on naturalised citizens’ rights to vote and be elected in parliament. How did the State promote naturalised citizens’ right to participate in political affairs?
Responses by the Delegation
The delegation said the National Commission for Workers had amended legislation to allow the National Federation of Domestic Workers to transfer domestic workers if they had been abused by their employees. The Federation provided a shelter for victims of abuse that had provided care to over 2,000 domestic workers since 2016. Three non-governmental organizations sought to protect domestic workers from exploitation by conducting investigations of domestic workers’ workplaces. Around 4,000 complaints from domestic workers had been referred to courts.
Premarital medical examinations were carried out with the consent of the concerned parties to ensure that there were no pathological problems. The results of examinations were conveyed to partners with the written consent of the person concerned. The results of examinations had no bearing on whether marriages took place or not.
Public gatherings required prior authorisation to avoid paralysing daily life. The State did not intervene in peaceful assemblies when the law was respected. Authorities did not use excessive force or weapons to disperse demonstrators. Demonstrations had never been attacked by authorities.
Deprivation of liberty could not be carried out in an excessive or arbitrary fashion. Investigations were always carried out when there was a complaint of abuse of the rights of the detainee. Accused persons had the right to appoint a lawyer. Responses were provided within 48 hours after complaints were received. If persons were detained in a manner that was counter to the law, they were provided with compensation or freed. Pretrial detention only took place as a last resort when the individual represented a threat. There were around 3,200 persons placed in pretrial detention in 2022.
The Ministry of Interior was deploying efforts to address overcrowding in prisons. A prison complex was being built to house 5,000 men and 1,000 women. Efforts had also been made to grant pardons and amnesties to certain individuals. Prisoners who experienced medical problems could be released after examination. Persons condemned to three to four years imprisonment could be released after serving one year. The Government could refer individuals detained for drug offences to psychiatric hospitals. Electronic tagging was used to implement house arrests.
A system had been implemented to monitor employers’ payment of salaries to migrant and domestic workers. The State had set a minimum wage for such workers and set up a complaints’ mechanism for them. Inspectors received two years of training to address cases of human trafficking and labour law violations; 8,640 employers who had violated labour laws had been suspended and their employees had been allowed to change employers. State legislation authorised authorities to transfer employees without the consent of employers. Around 15,000 workers had been transferred in this way, and only around 900 requests for transfer had been rejected. Employees could oppose decisions to be transferred to different employers. More than 21,000 inspections had been carried out to investigate abuses of domestic workers. The Government tracked websites recruiting domestic workers to intercept violations.
Kuwaiti legislators had issued a law to address human trafficking. In cases of violations of this law, victims were referred to shelters and repatriated after the conclusion of investigations. Perpetrators were referred to criminal courts. The judiciary training service had a module on human trafficking that 72 members of the judiciary had participated in. Until 2023, the State had recorded 153 cases of human trafficking. Victims could obtain compensation and redress by bringing civil cases. Psychosocial support was provided to victims to support their reintegration. The State would hold a workshop next month on the national referral mechanism and the framework of the law on human trafficking.
The General Department for Corrective Orders was implementing deportations within a period of 72 hours after an administrative decision. Barriers to timely deportations included the persons involved not having travel documents or overseas missions not being cooperative. The Ministry of Justice was allowed to deport foreign nationals even if they had valid residency status if they did not have income or if the deportation was for the benefit of public security and morals.
A number of non-Muslim families had been naturalised, and these groups had received the necessary nationality documents. All Kuwaitis meeting the necessary conditions were bound to military service; the law did not offer any alternatives to military service.
The law prevented the prior censorship of books. The Ministry of Information did not have the right to block websites. Security forces, however, could temporarily block sites that they judged to subject the lives of others to danger. Law 63 of 2015 on freedom of information prohibited the use of audio-visual means to instigate hatred against any group. Acts that constituted crimes could be prosecuted. Victims had the right to report abuse.
The Constitution guaranteed the freedom of association of civil society organizations. The State had permitted the formation of over 350 such organizations. In 2018, a number of associations were dissolved and courts had reviewed these dissolutions. In most cases, the court had accepted the opinion of the State; some cases were still under investigation. Non-Kuwaitis and illegal residents were allowed to join associations on an equal footing. Naturalised citizens could only obtain full citizenship after living in Kuwait for 20 years. Only full citizens could run for public office.
Persons in irregular situations had access to the courts on an equal footing with Kuwaiti nationals. Approximately 5,000 cases on citizenship had been heard in the court of first instance.
The law on whistle-blowers protected persons who provided information in good-will, and only penalised persons who provided false information with malice.
Follow-Up Questions by Committee Experts
A Committee Expert said 58 per cent of complaints from domestic workers were settled out of court. How did the State party ensure that such settlements were fair for workers and that workers were not coerced into settling? How did the State party ensure that shelters for victims of abuse were accessible?
Another Committee Expert called for clarification on whether persons in pretrial detention could challenge initial detention decisions.
One Committee Expert asked for more details on surveillance measures to monitor websites where migrant workers were recruited. How long did individuals who were being deported spend in detention on average?
A Committee Expert said that if the State did not offer alternatives to military service, this was incompatible with the Convention. There were reportedly no female members of parliament and only one female minister. Why was this? The 20-year period for naturalisation seemed too long.
One Committee Expert asked if the bill on civil society required the monitoring of funds provided to civil society organizations from foreign sources?
Responses by the Delegation
The delegation said information was provided to domestic workers to enable them to access shelters and support services. Article five of the law on domestic workers prohibited any form of discrimination against these individuals and an inspection agency monitored online recruitment platforms, imposing sanctions as necessary. Workers who were victims of abuse were compensated. Employees were not obliged to attend the legal proceedings of their employers.
Accused persons could lodge appeals against pretrial detentions. The courts asked for justification of pretrial detention even if the accused did not lodge an appeal. The Emir selected ministers in collaboration with parliament based on the outcomes of elections. Funding for civil society organizations could be provided from overseas under certain controls.
Follow-Up Questions by Committee Experts
A Committee Expert asked what measures would be taken to amend legislation to allow foreign individuals to create associations in line with international norms.
Another Committee Expert asked who appointed judges, who decided on their promotion, and how were disciplinary functions carried out against judges. What mobility guarantees were granted to foreign judges?
A Committee Expert asked if there was a legal procedure allowing individuals who had been sentenced to death to appeal decisions if new evidence came to light. Was compensation provided to people who had been wrongfully convicted?
One Committee Expert asked whether prosecutors enjoyed security of tenure, and whether they took direct orders from the Ministry of Justice.
Responses by the Delegation
The delegation said the authority of judges could not be disputed. Legislation stipulated the composition and selection criteria of the judiciary. Members were selected to ensure the judiciary’s independence. The legal inspection department received complaints about judges. The Supreme Council of Courts appointed heads of courts. Judges needed to be Kuwaiti citizens, but foreign judges could be assigned in the absence of Kuwaiti judges, and several foreign judges had been appointed in this manner.
The death penalty was implemented with several safeguards. Cases could be referred to the court of appeals, which heard appeals cases immediately. Executions could not be carried out while cases were being appealed. If new information came to light, appeals could be reheard.
Closing Remarks
NASER A. ALHAYEN, Permanent Representative of Kuwait to the United Nations Office at Geneva and head of the delegation, expressed thanks to the Committee and to all persons who had facilitated the dialogue. The delegation had demonstrated Kuwait’s desire to interact positively with the treaty body system. Mr. Alhayen called on the Committee to consider the progress that Kuwait had made and the State’s national specificities. Kuwait promoted the universality of human rights. The State aimed to improve legislation and implementation of the Covenant.
TANIA MARÍA ABDO ROCHOLL, Committee Chairperson, thanked the delegation of Kuwait for its participation in the dialogue and thanked Kuwaiti civil society organizations for supporting the Committee. The dialogue had addressed Kuwait’s national human rights institute, gender equality, violence against women, prohibition of torture, abuse of domestic workers, the right to peaceful assembly, forced labour, and freedom of expression and religious belief, among other topics. The Committee sought to promote the highest standard of implementation of the Covenant in Kuwait.
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CCPR23.024E