COMMITTEE EXAMINES REPORTS OF KUWAIT ON OPTIONAL PROTOCOLS ON CHILDREN AND ARMED CONFLICT AND ON SALE OF CHILDREN AND CHILD PROSTITUTION
The Committee on the Rights of the Child today reviewed the initial reports of Kuwait on how that country is implementing the provisions of the two Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography.
Mansoor Al-Otaibi, Director of the International Organizations Department of the Ministry of Foreign Affairs of Kuwait, introduced the initial reports of Kuwait. Regarding the Optional Protocol on the sale of children, child prostitution and child pornography, Kuwait had ratified a number of related International Labour Organization Conventions, including No. 182 on the Worst Forms of Child Labour, and had also undertaken practical measures in order to unveil cases of child prostitution and child pornography. As for the Optional Protocol on the involvement of children in armed conflict, Kuwait's national legislation reflected Kuwait's concern to guarantee the non-involvement of children in armed conflicts, in conformity with the Protocol's objectives.
In preliminary concluding observations, Committee Expert Moushira Khattab, Rapporteur for the report of Kuwait on the Optional Protocol on children in armed conflict, said information on measures taken consistent with Kuwait's obligations under the Protocol would be appreciated. That activity should be independent, and based on plans, formulated by relevant ministries in conjunction with civil society. It was true that Kuwaiti children were not faced with the danger of becoming child soldiers. But there were children in other countries that were, and it appeared that Kuwait had sufficient resources to help them, whether they be seeking asylum or in terms of international assistance to other countries.
In additional concluding observations, Committee Expert Hatem Kotrane, Rapporteur for the report of Kuwait on the Optional Protocol on the sale of children, child prostitution and child pornography, said that, in their concluding observations, the Committee would recommend ways to improve legislation and other measures, in particular with regard to the definition of the crimes set out in the Protocol, to allow Kuwaiti law to cover all the crimes in the Protocol. Undoubtedly, as the delegation had asserted, these crimes rarely occurred in Kuwait, but such action would also help to prevent their future occurrence. The Committee would also encourage Kuwait to establish child protection services to provide care and rehabilitation for victims of crimes under the Protocol.
The Committee will release its formal, written concluding observations and recommendations on the reports of Kuwait towards the end of its three-week session, which will conclude on 1 February.
Also representing the delegation of Kuwait was Najeeb Al-Bader, the Chargé d'Affaires a.i. of the Permanent Mission of Kuwait to the United Nations Office at Geneva, and other members of the Permanent Mission, as well as representatives from the Ministry of Social Affairs and Labour, the Ministry of Foreign Affairs, the Ministry of Defence, the Ministry of Justice, the Ministry of Health, the Ministry of the Interior, and from the Permanent Mission of Kuwait to the United Nations Educational, Scientific and Cultural Organization in Paris.
As one of the 193 States parties to the Convention, Kuwait is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand to present the report and to answer questions raised by Committee Experts.
When the Committee reconvenes at 10 a.m. on Monday, 28 January, it will take up the initial reports of Chile under the Convention’s two Optional Protocols (CRC/C/OPAC/CHL/1 and CRC/C/OPSC/CHL/1).
Reports of Kuwait
The initial report of Kuwait under the Optional Protocol on the involvement of children in armed conflict (CRC/C/OPAC/KWT/1) says under Kuwaiti law, a volunteer for military service must be over 18 years of age and anyone who volunteers for service as a member of the police or as a non-commissioned officer in the national guard must be over 20 years old. As for Article 4 of the Optional Protocol (prohibition of armed groups from using children in hostilities), this does not apply to Kuwait, where hostilities are exclusively the purview of the Ministry of Defence and the armed forces. Moreover, there are no armed militias in Kuwait. Concerning Article 7 (on rehabilitation and social reintegration of victims of offences under the Protocol), even during the Iraqi invasion of Kuwait, Kuwait never resorted to recruiting or using children. However, given the scale of the calamity and the fact that the very existence of the State and a people were at stake, citizens spontaneously rose up to defend their survival and their State, taking up arms without any prior planning or organization. Many children and adolescents witnessed their relatives and families being killed and tortured. This all had a deep psychological and social impact on them, which lasted for years after the liberation. The State made every endeavour to deal with these serious adverse psychological and social consequences. Many psychological and social welfare centres were set up and experts were engaged to study the psychological, health and social effects of the catastrophic invasion, especially among children and adolescents.
The initial report of Kuwait under the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography (CRC/C/OPSC/KWT/1), notes that the provisions and norms of the Kuwaiti Criminal Code are general and abstract and do not contain any details or specific elements that could be used to define the offences of “sale of children”, “child prostitution” and “child pornography” separately. As explained in a commentary, the Kuwaiti Criminal Code defines “prostitution” as “indiscriminate sexual intercourse with others. If practised by a man, it constitutes debauchery and if practised by a woman, it constitutes prostitution”. Kuwaiti law makes no explicit reference to the criminal penalty for selling a child, because this type of offence does not occur in the State of Kuwait. The Kuwaiti legislature has included the concept in the offence of human trafficking, however. The Criminal Code of 1970 provides: “Anyone who brings a person into or out of Kuwait with a view to selling that person as a slave and anyone who buys, offers to sell, or makes a gift of a person as a slave, shall be subject to a penalty of up to five years’ imprisonment and/or a fine.” As for sexual exploitation of children, the Criminal Code provides: “Anyone who incites a male or female to engage in acts of debauchery or prostitution or who in any way assists him or her therein shall be subject to a penalty of up to one year’s imprisonment and/or a fine. If the victim is below 18 years of age, the penalty shall be up to two years’ imprisonment and a fine.” When this type of exploitation is perpetrated by a close relative or a person responsible for the welfare of the child the penalty is death. In this way, the Kuwaiti legislature seeks to widen protection for children in what for them should be a safe environment. As for child pornography, here, we can see that there is a need for more specific legislation on the use of pornography and advertising materials that exploit children, especially children in need.
Presentation of Reports
MANSOOR AL-OTAIBI, Director of the International Organizations Department of the Ministry of Foreign Affairs of Kuwait, said that Kuwait had included a number of provisions in the Constitution setting solid guarantees and bases for the adoption of measures concerning the protection of the child, and providing the main foundations for Kuwaiti society, built on the principles of justice, freedom, equality, cooperation and compassion. Article 9 of the Constitution stipulated that the family was the foundation of society, under the wing of which mother and child were protected. Article 10 stated that youth were under the protection of the State, which committed to safeguard them from exploitation and moral, physical and spiritual negligence.
With regard to the Optional Protocol on the sale of children, child prostitution and child pornography, Kuwait had ratified a number of related International Labour Organization conventions, such as Convention No. 182 on the Worst Forms of Child Labour, and No. 138 on the Minimum Age for Entry into Employment, Mr. Al-Otaibi said. It had also a adopted a number of laws and measures and incorporated them in the criminal law, which provided harsh sanctions against perpetrators of violations of the rights of the child. Kuwait had undertaken, in that regard, practical measures in order to unveil cases of child prostitution and child pornography. The Kuwaiti legislature had inserted the notion of the sale of children within the crime of trade in human beings as slavery, as well as criminalized those who practised trade in children.
As for the Optional Protocol on the involvement of children in armed conflict, Kuwait's national legislation reflected its concern to guarantee the non-involvement of children in armed conflicts, in conformity with the Protocol's objectives. The importance of the issue required a special approach and attention, and implied defining guarantees for the protection for children, as well as putting an end to the mobilization of children, and support for education in situations of conflict, assistance to the internally displaced – all through the implementation of the Protocol and the development of strong cooperation with the various institutions of civil society, and the building of national capacities. Kuwait believed in the importance of preparing the child and educating him in accordance with the basic principles of rejecting violence, intolerance and hatred and promoting peace, dignity, tolerance and equality.
Discussion on the Optional Protocol on the Involvement of Children in Armed Conflict
MOUSHIRA KHATTAB, the Committee Expert serving as Rapporteur for the report of Kuwait on the involvement of children in armed conflict, noted that Kuwait had ratified the Optional Protocol on the involvement of children in armed conflict despite the war of aggression inflicted on it by Iraq. The Committee was also aware that the children of Kuwait had greatly suffered from that conflict, and that, as reflected in the delegation's opening statement and in the report, Kuwait had not resorted to child recruitment in that context. The Committee was also aware that Kuwait had instituted programmes and measures to address the trauma suffered by the children during the Iraq conflict.
The Committee was also aware that Kuwaiti children fully enjoyed their rights and a high level of economic prosperity, Ms. Khattab said. Among positive signs was that Kuwait had ratified the Rome Statute of the International Criminal Court and the Ottawa Convention on Landmines.
Regarding the drafting of the report, which had been done by the Department for Women and Children of the Ministry for Social Affairs and Labour, the report noted that the Higher Committee for Children and the Family has temporarily suspended its activities pending restructuring. Had the Higher Committee resumed its activities or was it still inactive? If it had resumed its activities, had its mandate or composition been changed? Were civil society organizations involved in drawing up the report?
On general measures of implementation, Kuwait had said in its written replies that the Ministries of Interior and Defence were the two main Ministries competent for this matter, as well as the Ministry of Youth and Social Affairs, in view of the fact that they were competent to care for juvenile delinquents in conflict of law situations. That was worrisome, Ms. Khattab said, as it did not appear to have any relationship to the offences under the Protocol, which sought to protect children.
While the ratification of the Protocol demonstrated Kuwait's commitment to criminalize the recruitment of children under 18 for participation in armed conflict, were there any legal provisions that specifically criminalized such recruitment, or any other offences defined under the Protocol? In particular, given the volatility of the Middle East region, was there any text that protected children from compulsory military recruitment? In that context, Ms. Khattab noted that Kuwait had temporarily suspended the law on compulsory recruitment owing to difficulties in enforcing it. Information was needed on both what those difficulties had been, and whether there were any plans to reinstate such recruitment. Moreover, how were children protected from extremist groups, who threatened the peace in the region? How did Kuwait raise children's awareness on this issue, and promote peace, tolerance and understanding?
Additional clarification was also needed on the issue of whether Kuwait had extraterritorial jurisdiction over cases involving Kuwaiti children under 15 recruited by armed groups, or children under 15 recruited by a Kuwaiti, Ms. Khattab said.
Regarding rehabilitation of children victims of crimes under the Protocol, Kuwait had admirable programmes, in particular the strategy developed by the Office of Social Development. However, Ms. Khattab was concerned that those programmes to rehabilitate and protect children did not cover non-Kuwaitis. It was also not clear if such programmes included training of professionals who dealt with child victims of crimes under the Protocol. Further, there was no evidence of protection being provided to child refugees or asylum-seekers. While Kuwait did not refoul children at risk, what happened to those who were kept in centres? While Kuwait cooperated with the United Nations Refugee Agency (UNHCR), it was disturbing to learn that Kuwait only budgeted $200,000 for that purpose.
An Expert, noting that the street children phenomenon was prevalent in the region, and that such children were particularly vulnerable to recruitment, asked what was being done to protect those children, both in terms of legislation and prevention measures. Was there any Kuwaiti law prohibiting the export of arms to countries where child soldiers were used. Further, what was the situation with regard to demining campaigns in Kuwait?
An Expert, noting the information in Kuwait's replies to written questions that said psychological and rehabilitative care was provided to child victims of crime in Kuwait, asked for specific details of medical, psychological or other interventions which were done for children who were victims of armed conflict, and how the provisions of the Optional Protocol were reflected in training materials for professionals tasked with helping such children. In that connection, an Expert asked if there was any system of screening for children entering the country to determine if they had been former child soldiers and if so if they had statistics on the number of such children. An Expert was concerned that, in a report on the involvement of children in armed conflict, so much space was devoted to the issue of juvenile delinquents and the rehabilitation of juvenile delinquents, and not to the issue of child victims.
Responding to questions, regarding the law on compulsory recruitment, the delegation said that, following the Kuwaiti invasion, it had been seen that there were gaps in the current law. There had been no implementation difficulties, it was a matter of the need to improve the law and it had been suspended pending improvement. When pressed by Experts for further clarification, as the written replies had mentioned such difficulties, the delegation responded that fuller written replies would be forthcoming from the competent authorities in Kuwait.
As for the Kuwait Fund programmes, there was $14 billion in the fund, with contributions from Kuwait and other countries, to provide for infrastructure building and health programmes in other countries, the delegation said.
The amount of UNHCR voluntary cooperation was just $200,000, a modest amount, the delegation agreed. That was partly owing to the depreciation of the dollar. However, if one looked at the list of voluntary donations to UNHCR, Kuwait was actually among the top 20 developing country donors. But Kuwait was planning to look further into this issue of voluntary donations.
Regarding demining programmes, Kuwait had virtually eliminated the problem in its own territory, and was now participating with other countries, such as Iraq, in demining efforts there.
An Expert had spoken of Bedoons (in the context of street children) and it appeared that there was some confusion there, the delegation said. The Bedoons were stateless, whereas the nomadic "Badu" were Kuwaitis.
As for the temporary stoppage of the Higher Committee for Children and the Family, new bodies had been created to deal with such issues. In particular, in 2007, the Superior Council for the Family had been established, presided over by the Prime Minister, with the participation of other Ministers as well as civil society. The Council, which effectively replaced the Higher Committee, was mandated to deal with family and children's affairs and to ameliorate the situation of children and women. The Council was expected to take up its functions in the coming months.
On prevention, and why the report dealt at length with rehabilitation of juvenile delinquents, the delegation said that there was simply no information with regard to rehabilitation of children involved in armed conflict in Kuwait, as there were none. Here Experts intervened to clarify that the two groups should be kept completely distinct: it was not possible to mix up victims of the Protocol with children in conflict with the law. The delegation responded that, while Kuwait had cooperated in helping other countries with this problem, it simply did not exist in Kuwait. If the situation did occur, they would take the necessary measures of course.
In a further clarification, Committee Experts underscored that, even if children were not involved in armed conflict in Kuwait, there were necessarily children entering Kuwait, at least, who had been exposed to involvement in armed conflict. What was being done for them? Another Expert then pointed to the information in the report concerning the trauma that Kuwaiti children had been exposed to in the context of the Iraqi conflict and asked what had been done for them.
The delegation said the Office for Social Development had been set up to deal with problems stemming from the Iraqi invasion. It had carried out research projects to study the physical and psychological effects of the invasion. There was also a centre that worked with patients in hospitals who had been affected. The Office for Social Development had undertaken numerous studies including a psychometric study to measure the scope of the problem, and other studies to determine the best ways to help children overcome the effects. If protection, care or medical treatment was needed for such children, the Office provided assistance and could guide the children to the various areas where that assistance could be found.
Responding on the legal status of the Optional Protocol, according to Kuwaiti law, as the Protocol had been ratified and gazetted, it formed an integral part of domestic legislation, and was of equal status with other national law. The provisions of the Protocol could be invoked directly in the courts.
As for crimes committed outside of Kuwait, they were justiciable in Kuwait if they were also crimes under the law of the country in which they were committed (principle of double criminality), the delegation said. However, if the victim was a Kuwaiti national, Kuwaiti courts had jurisdiction, the delegation said. An Expert said it was for this reason that the Committee wanted States to ratify the Rome Statute of the International Criminal Court, as that would permit States to prosecute war crimes against children under 18, and to have extraterritorial jurisdiction for all crimes under the Protocol if the child was under 15. In fact, did the Kuwaiti courts actually look into such cases? That issue was at the heart of the Optional Protocol.
In response, the delegation noted that there was a draft law currently under consideration by the Ministry of Justice on human trafficking which would allow for jurisdiction over such crimes committed by international organized groups. An Expert underscored here that what the Committee was seeking was for Kuwait to extend its jurisdiction to cover crimes under the Protocol that were committed abroad, not on Kuwaiti territory. The delegation responded that there was another draft law under consideration that would allow for jurisdiction for crimes committed abroad.
In terms of budgeting for rehabilitation, there were currently care centres with a budget of 137 million dinars, which provided for food, lodging, clothing, care, and hygiene. In case there were any cases to treat under the Protocol in the future, the finances would come out of that budget. The Rapporteur then cited Kuwait's written responses, which noted that, "as there were no recorded cases of the offences referred to in the Protocol ... Consequently, there is no budget allocation to deal with such issues". Kuwait had budget allocations in the area of awareness-raising, training, migrants, and training of teachers on human rights, therefore in the future it was hoped that a budget would be allocated to implement the Protocol.
The delegation said that military service was not of a binding nature in Kuwait. Those in military service were free to leave at any time.
Kuwait did not produce, sell or trade in arms, the delegation said. Arms had been needed, of course, in the context of the Iraq conflict, but as soon as that was over they were put away. As it was there was no possibility of the sale of arms in Kuwait. There were campaigns to prevent the proliferation of arms, and citizens were not permitted to carry arms. Despite the strategic position of Kuwait amidst countries in conflict situations, the sale of arms was prohibited in Kuwait and it did not permit the passing of arms through its country, except in the context of peacekeeping troops.
As for the different treatment for non-Kuwaitis, the delegation said all victims were treated alike, whether they were Kuwaiti nationals or not. While there were no budgetary allocations so far for programmes targeting victims of offences under the Protocol, there was provision for urgent situations that could arise, and in those cases children would be treated as victims and not as delinquents.
Preliminary Concluding Observations
In preliminary concluding observations, Committee Expert MOUSHIRA KHATTAB, Rapporteur for the report of Kuwait on the Optional Protocol on children in armed conflict, said the Committee was aware of efforts being undertaken by Kuwait, but it had the impression that the Optional Protocol on the involvement of children in armed conflict needed more clarification from society and from decision-makers themselves. Information on measures taken consistent with Kuwait's obligations under the Protocol would be appreciated. That activity should be independent, and based on plans, formulated by relevant ministries in conjunction with civil society.
As regarded laws, it was true that Kuwaiti children were not faced with the danger of becoming child soldiers. But there were children in other countries that were, and it appeared that Kuwait had sufficient resources to help them, whether they be seeking asylum or in terms of international assistance to other countries. The psychological protection, moral welfare and healthcare of children involved in armed conflict had to be guaranteed. The dialogue had shown the extent of this problem, and hopefully future work would address it.
Discussion on the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography
HATEM KOTRANE, the Committee Expert serving as Rapporteur for the report of Kuwait on the Optional Protocol on the sale of children, child prostitution and child pornography, welcomed Kuwait's ratification of a number of related international instruments, including ILO Conventions, No. 182, on the Worst Forms of Child Labour, and No. 138, on the Minimum Age for Entry into Employment, and the Arab Charter on Human Rights. In that connection, did Kuwait have plans to ratify the Convention on the Rights of Migrant Workers and Members of Their Families? That Convention contained important protections for children.
As regarded legislation, Mr. Kotrane said he had not found, either in the report or in the replies to issues, the specific laws that incorporated the provisions of the Optional Protocol. What legislative steps had been taken in that regard? While it was true that there was legislation in force that might be said to cover areas touched in the Optional Protocol, the Protocol required specific legislation to be enacted, and the report itself led to doubts. For example, the report said that the crime of selling children did not exist in Kuwait. It was not sufficient that the Criminal Law had provisions prohibiting forced labour, although it was possible that those might constitute cases of sale of children, especially in the area of child domestic labour.
Moreover, where laws existed, they were insufficient, Mr. Kotrane said. The penalty of two years' imprisonment for involvement in child prostitution was inadequate. With regard to pornography, the law as it stood simply did not cover all the acts that should be prohibited.
An Expert wanted to know what criminal procedures were in place to protect children who were victims of crimes under the Protocol. Were protective measures taken for children called on to be witnesses to such crimes, including limiting the number of hearings, to prevent children's re-victimization? Also, what rehabilitation and compensatory measures were taken for child victims? An Expert asked for any data on children involved in crimes targeted by the Protocol, and whether any studies on such issues been undertaken.
An Expert was concerned about the legal definition of prostitution in Kuwaiti law, which reserved the crime of "prostitution" for women and girls. However, the Protocol referred to all children, boys and girls, under 18. There was a concern that the law as it stood did not allow for the Protocol to be enforced in a non-discriminatory way.
Did Kuwait have plans to create an independent body competent to hear complaints by children whose rights were being violated, an Expert asked.
An Expert was concerned that, under its current legislation, there was no provision to criminalize Kuwaiti citizens who went abroad to engage in child sex tourism. A related concern was that Kuwaiti law provided insufficient extraterritorial jurisdiction for crimes under the Protocol.
An Expert wanted to know if persons in related industries, for example tour operators, were made aware of the Optional Protocol and if they were trained on how to handle concrete cases.
The delegation was aware that it was necessary to enact further provisions to implement the obligations under the Protocol. However, there were additional criminal laws, not heretofore mentioned, which covered such crimes. Another member of the delegation said that there appeared to be a bit of a muddle here concerning Kuwaiti law. The Criminal Code provided for crimes of abduction, child trafficking, crimes against morals, prostitution and other crimes. All persons who entered or left Kuwait who were involved in child trafficking were subject to five years' imprisonment. Kuwaiti law effectively covered all the areas in the Protocol.
Here, an Expert noted that all countries had difficulty with the Protocol because it asked for something new: not just to punish those who trafficked in children, but specifically punished the sale of children, which could include cases of forced labour or forced marriage, in certain cases.
With regard to labour law, the delegation said that Law 154 prohibited forced labour for children that affected their mental and physical health and prevented them from continuing their studies. Minors were allowed to work in Kuwait, in particular to receive vocational training for remuneration, but the employer had to make an official request and fulfil certain obligations, such as ensuring that the child had access to health care.
Among bills related to the Protocol that were currently before Parliament were draft laws on licenses for childcare centres for children subject to correctional action, and on the care of orphans. As for the issue of domestic servants, three months ago a reception centre was created, with a $ 3 million budget, with the mandate to regulate the area of domestic servants, many of whom came from abroad. Domestic servants were not to be under 18 years of age.
Victims under the Protocol could call upon a lawyer, the delegation said. A judge would not accept the case without a lawyer. If a victim had committed an offence, and could not afford a lawyer, one would be appointed for them. All of that was within a framework of confidentiality. The victim could be someone who had committed a crime, even if they were a minor, but they were not sentenced and they had a clean legal file. The fines for minors were half the regular fines. If there was a victim, there was a law on minors that applied, which allowed the judge to take a decision whether or not to listen to the child's testimony.
The Chairperson asked for a clarification about what was meant by "a victim who has committed a crime". The delegation explained that, for example in the case of procuring for purposes of prostitution, there were children under 18 who were managing such activities. For such victims who had committed crimes, the delegation underscored that they would never receive the death sentence. Experts said they were not interested in juvenile justice for offenders, but the issue of child victims.
The delegation explained that there was a police unit for minors. First there had to be an investigation to establish the facts, and to discover why there was juvenile delinquency. If the victim was living with relatives who were the perpetrators of the crime, or if the author of the crime was the employer of a domestic servant, there were very severe penalties. The victims were withdrawn from that situation and put under the protection of the State, in receptions centres. There was $138 million allocated in the budget for the Centre for Minor Victims.
It was not always necessary for the minor victims to appear before a judge, the delegation clarified. Some cases could be taken up in camera, without having to hear the child's testimony. There was also an emergency hotline for children. A "Behaviour Monitor" was assigned to each case involving children. The Behaviour Monitor was a social worker assigned to examine the case and submit a report to the court concerning the case of the child. There had been no cases of violations under the Protocol brought to court in Kuwait.
The Chairperson said that perhaps it was the title "Behaviour Monitor" that was a problem for the Committee. It did not sound like someone who was tasked with assisting a victim. The delegation explained that minors were not responsible for their actions, and thus a "Behaviour Monitor" was appointed to control their behaviour.
On camel racing, while an Expert noted that there was a Ministerial decree on this issue, he could not understand why it was not the subject of a precise, well-defined criminal statute. The same was true for the case of domestic servants. In Kuwait children "14 and 18 years of age" could be employed "subject to conditions". There were efforts, and ministerial decrees in this area, but was there any actual criminal law prohibiting the employment of children as domestic servants?
The delegation replied that, in addition to the Ministerial Decree, Kuwait worked in other ways to ensure children were not involved in camel racing. It had withdrawn subsidies for sporting clubs if they involved those under 18, for example. Moreover, if the races had been the subject of gambling, then they were regulated under criminal provisions on betting. Furthermore, the human jockeys had now been replaced by robots, and the sport was no longer very popular in Kuwait, so this was no longer a big issue for the country as it was for others of the region.
The delegation strongly affirmed the absolute prohibition in Kuwait against the involvement of children in domestic work. According to the Law on Domestic Work, only adults over 21 could work as domestic servants. The care centres set up a few months ago to regulate domestic work not only cared for children that might have been sent from other countries to work as domestic servants, but also worked to uncover cases of trafficking. Kuwait also had bilateral agreements with countries of origin of domestic servants. What was really feared was that the persons who came in supposedly to work as domestic servants were actually coming to Kuwait to act as prostitutes. That was why they had set up the new centres, to uncover such cases and to act as an early warning mechanism for cases of slavery and trafficking.
The Labour Inspectorate had a team of inspectors that could enter into any work establishment, without prior warning. If there were a doubt as to the age of a worker, they would receive a medical examination, the delegation said. In addition, the Labour Code required health inspections for all domestic workers.
In response to a request for data, the delegation said that the Ministry of the Interior's Juvenile Police Unit published statistics on juvenile delinquents, as well as child victims of crimes. There had been no cases of the sale of children, as mentioned in the report, and therefore there were no statistics on that. The same was true for the use of children in camel races and of children being employed as domestic workers
In terms of child pornography, the law on artistic publications criminalized the production and dissemination of all pornographic material, the delegation said. The penalties were a fine, a prison sentence, or the closing down of the establishment producing such material. There were also harsh penalties for anyone who sold or imported such material. An Expert responded that the Protocol required States to include criminal sanctions for possession of child pornography. The delegation said that it was true that the Criminal Code did not penalize possession of pornography, but the law on artistic publications did provide sanctions for possession of any material considered indecent, or publication of it on the Internet.
The law on artistic publications provided for inspectors, who were mandated to bring cases under the law to court, or to close down enterprises found to possess or publish such material, the delegation continued. There had been no such cases reported or brought to court under this law to the delegation's knowledge.
Here, the Chairperson said if she understood correctly, in Kuwait there had been absolutely no cases reported or brought to court under the Optional Protocol. Was she to understand that Kuwaiti law was so effective that it was never infringed? Was it correct to say that there had been no cases reported of children under 18 years working as domestic servants, no reports of anyone under 18 participating in hazardous sports, no reports of the sale of children, child prostitution or procuring under age children for purposes of sexual exploitation, no cases of children used in pornography or case of anyone possessing pornography involving children? An Expert wondered if it was just that no one was reporting offences under the Protocol. Were their perhaps cultural or traditional reasons for this?
The delegation replied that that was just the problem. These kinds of cases might well exist, but, because of the culture, they were simply not reported, and for that reason there were no statistics on them.
In view of the lack of other statistics to go by, an Expert then asked for the number of children currently being cared for in the State rehabilitative care facilities. Another Expert said the present situation underscored the need for mechanisms that would allow children to report violations. Although the delegation had said there was a hotline for children, the Committee had heard that there were no hotlines for children to call and report violations of offences under the Protocol; an Expert asked for clarification.
The delegation said that Kuwait was a Sovereign State and that its replies should not be called into question, as Experts had been doing.
The delegation went on to say that one of the problems with statistics was that Kuwait perhaps did not always use the same terminology as was used under the Protocol. For example cases of sexual exploitation of children would fall under the category of adultery and incest. For the years 2004, 2005 and 2006, there had been 35 cases of adultery and incest; 38 cases of offences against modesty; 39 cases of incitement to practices contrary to morals and obscenity; 5 cases of crimes against morality and pornography; 29 cases of kidnapped children; and 35 cases of attempted acts of aggression or incest.
The delegation stressed that schools played an important role in Kuwait in resolving such cases, as there were social supervisory centres in each and every school in Kuwait, from kindergarten through the secondary school level. An Expert asked if there was a legal requirement for professionals involved with children to report cases they had been made aware of on children that had been victims of offences under the Protocol? The delegation responded that doctors were required to report cases of child abuse to a medical board, but there had been no reports of offences under the Protocol in that context. In addition, the criminal law provided punishments for those who failed to report attempted crimes, which would also apply to crimes against the modesty of children.
Preliminary Concluding Observations
In preliminary observations, Committee Expert HATEM KOTRANE, Rapporteur for the report of Kuwait on the Optional Protocol on the sale of children, child prostitution and child pornography, commended the delegation for the constructive dialogue, which had cleared up a lot of confusion and misunderstandings for the Committee following its reading of the initial report and the written replies of Kuwait. It was an extremely complex Protocol, and was confined to matters that were very delicate and sensitive, as well as being very technical, he conceded. However, now the Committee had a better idea of what steps were being taken to combat the sale of children, child prostitution and child pornography in Kuwait.
In their concluding observations, the Committee would recommend ways to improve legislation and other measures in this area, in particular with regard to the definition of the crimes set out in the Protocol, to allow Kuwaiti law to cover all the crimes in the Protocol. Undoubtedly, as the delegation had asserted, these crimes rarely occurred in Kuwait, but such action would also help to prevent their future occurrence. The Committee would also encourage Kuwait to establish child protection services to provide care and rehabilitation for victims of crimes under the Protocol.
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