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TITLE: KUWAIT HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
KUWAIT
Kuwait's rulers (Amirs), drawn from the Al-Sabah family, have
governed the country in consultation with prominent commercial
families and other community leaders for over 200 years. The
1962 Constitution provides for an elected National Assembly
and details the powers of the Government and the rights of
citizens. Although the Constitution permits the Amir to
suspend its articles only during a period of martial law, the
Amir has twice (from 1976 to 1981 and from 1986 to 1992)
suspended constitutional provisions by decree and ruled
extraconstitutionally. The October 1992 Assembly elections and
the subsequent convening of the Assembly marked a return to
parliamentary life. During 1993 the Assembly assumed an active
role, enacting legislation, including the national budget.
(See Section 3 for further details on the role of the
Assembly)
The Ministry of Interior supervises Kuwait's security
apparatus, including the Criminal Investigation Department
(CID) and Kuwait State Security (KSS), two agencies that
investigate internal security-related offenses. Kuwait's
security forces continued to commit human rights abuses,
particularly in their treatment of those peoples whose leaders
were associated with support for Iraq's invasion of Kuwait
(Iraqis, Jordanians, Palestinians, Yemenis, and Sudanese).
Endowed with rich oil resources, Kuwait's market economy made
substantial progress in recovering from the destruction caused
by the Iraqi occupation. By 1993 Kuwait had an estimated per
capita income of approximately $17,234. Reconstruction was
largely complete; however, heavy costs accompanied the
recovery. Over the past 3 fiscal years, Kuwait incurred a
cumulative fiscal deficit of approximately $63 billion, a
deficit that it covered by drawing down its foreign assets by
half and increasing its public debt. Despite the emphasis the
Government places on an open market economy, foreign nationals
may not own property or majority shares in significant local
businesses and are subject to restrictive labor laws. In
addition, the Government has ownership interests in most of the
major banks and in many businesses, chiefly in the oil industry.
Although Kuwait showed some progress in human rights in 1993,
its overall human rights record was mixed. The Government
relaxed its residency restrictions on Gazans, made it easier
for foreign workers to sponsor their family members, agreed to
begin investigating the cases of long-term detainees, and
closed illegal recruitment agencies for domestic servants. The
Human Rights Committee of the National Assembly and the press
publicized important human rights issues, raising awareness of
such issues at both the official and popular level.
Nevertheless, serious human rights problems remained. There
were continuing reports of torture and of arbitrary arrest, as
well as limitations on the freedoms of assembly and association
and women's rights. Political parties remain banned, and
citizens do not enjoy the right to change the head of state and
government. The Government banned all unlicensed
nongovernmental organizations in August, thereby eliminating
some organizations that had been engaged in human rights work.
The Government continued to refuse to readmit stateless, Iraqi,
and Palestinian individuals who had strong family ties to
Kuwait, and Kuwaiti labor laws continued to exclude domestic
servants from their protective provisions.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
In August the body of a young Iraqi was discovered on the
Kuwaiti side of the Kuwaiti-Iraqi border. The Iraqi reportedly
died from intracranial bleeding and pressure resulting from a
large depressed fracture of the skull, and the body showed
clear signs of severe abuse and torture. Preliminary
investigations indicated that the youth, along with three
companions, had been apprehended by Kuwaiti police while
attempting to infiltrate across the border. All four were
tortured and subjected to severe abuse before being released
near the border a few days later. During the preliminary
investigations, Kuwaiti police denied any involvement in the
incident and suggested that the perpetrators were Iraqis.
In January a Kuwaiti criminal court convicted three police
officers in connection with the death of a Sri Lankan in 1992
and sentenced them each to 5 years in jail with hard labor.
The Court of Higher Appeal subsequently reduced the sentences
to 2-year suspended sentences following the payment of "blood
money" to the deceased's father.
The Government reiterated that it was continuing to investigate
the extrajudicial killings that occurred during the chaotic
period after Kuwait's liberation in 1991. Most of the killings
and disappearances, however, remain unresolved. Only one
alleged perpetrator is known to have been arrested, prosecuted,
and convicted. The defendant, a former police investigator,
was sentenced to life imprisonment for the murder of two
members and attempted murder of another member of a Lebanese
family resident in Kuwait.
b. Disappearance
There were no reported cases of permanent disappearances, but
there were credible reports of foreigners (particularly those
peoples whose leaders were associated with support for Iraq's
invasion of Kuwait) being taken from their homes by
unidentified Kuwaitis, held for a few hours, and then released
as a tactic of harassment.
Numerous disappearances followed Kuwait's liberation in 1991 as
elements of the military and vigilante groups sought
retribution against persons, particularly foreigners, whom they
suspected of being pro-Iraqi.
While there is no reliable estimate of the total number of
disappearances, over 100 cases remained unresolved in 1993. In
additional cases where persons are known to be dead, law
enforcement officials have failed to identify or indict
suspects.
According to the latest and most accurate figures provided to
Iraq by the International Committee of the Red Cross (ICRC),
609 Kuwaitis and residents of Kuwait, including 9 women, were
taken prisoner by Iraqi authorities during the occupation and
are still missing or detained in Iraq. The Government of Iraq
has refused to comply with U.N. Security Council Resolution
687, which provides for the detainees' release. Iraq denies
that it holds Kuwaiti detainees and refuses to account for
missing Kuwaitis taken into Iraqi custody during the occupation.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Article 31 of the Constitution specifically prohibits the use
of torture, but cases of serious abuse or torture continued to
be reported, although far fewer such cases were reported in
1993 than in 1992.
There were credible reports of abuse in Kuwaiti detention
facilities, especially at the KSS facility. Reported abuses
included blindfolding detainees, verbal abuse, and some
physical abuse, particularly beating detainees on the soles of
their feet and burning detainees with cigarettes. In some
cases detainees were slapped, kicked, or shoved against walls.
In one instance, Kuwaiti police and KSS personnel beat and used
electrical shocks to torture a Kuwaiti man. The Human Rights
Committee of the National Assembly obtained his release, forced
the officers involved to resign, and secured financial
compensation for the man.
The ICRC has access to all places of detention in Kuwait. The
Government claims to have responded to specific allegations of
abuse by investigating them and punishing at least some of the
offenders. However, because it has not been willing to provide
details concerning the types of abuse and the punishment meted
out, it is not possible to determine the likely deterrent
effect, if any, of such action.
There were also credible reports of abuse of Iraqi infiltrators
arrested while attempting to cross the Kuwaiti-Iraqi border
(see Section 1.a.). Specifically, there were credible reports
of Kuwaiti security personnel beating infiltrators and
suspending them from the ceiling for extended periods of time.
To date, the Government has not conducted an effective
investigation into these reports.
Evidence of mistreatment during interrogation may be submitted
to Kuwaiti courts, and confessions or other evidence obtained
through torture are excludable. However, a number of sentences
handed down by the 1991 martial law courts were based on
confessions apparently obtained under torture. In State
Security Court trials, including the trial of the 14 men
accused of attempting to assassinate former President Bush
during his April 1993 visit to Kuwait, defense lawyers
occasionally sought exclusion of confessions on the basis of
torture. In the latter case, following a court-ordered medical
investigation, the judge ruled against excluding the
confessions.
While prison conditions do not threaten life, they do
frequently threaten health. In addition to experiencing the
physical mistreatment described above, prisoners also often
must live in severely overcrowded rooms averaging as little as
1 square meter per person.
Prison officials rarely release prisoners with severe medical
problems, and sanitary conditions are such that a communicable
disease would spread easily throughout the entire prison.
Maintenance of toilets and showers is poor, frequently
resulting in one shower or toilet being shared by up to 100
people. Maintenance of air conditioning is also
inadequate--detainees at the main deportation center went
without air conditioning and cold water for the entire summer,
often experiencing temperatures above 125 degrees Fahrenheit.
Prisoners may, however, exercise outside and receive visits by
their family members. The ICRC monitors prison conditions.
In June seven Iraqi detainees at the main deportation center
went on a brief hunger strike to protest detention conditions.
They sewed their lips together but continued to drink and take
nourishment. The Human Rights Committee of the National
Assembly investigated conditions at the deportation center and
presented a list of recommended improvements to the Minister of
Interior. Several of the recommended changes were made,
including provision of better medical care at the deportation
center.
d. Arbitrary Arrest, Detention, or Exile
Article 31 of the Constitution prohibits arbitrary arrest and
detention, but this prohibition is not always honored in
practice. Although to a lesser degree than in 1992, there were
continuing credible reports of arbitrary arrests in 1993,
especially of persons picked up at police checkpoints around
Kuwait City. Foreign nationals from Yemen, Sudan, Jordan, and
Iraq as well as Palestinians were especially subject to
harassment and arrest at these checkpoints, as were other
people without valid Kuwaiti residency visas.
Arrest warrants are required, but in misdemeanors the arresting
officer may issue them. Prosecutorial arrest warrants are used
in felony cases. Prosecutors are independent of the Ministry
of Interior. A review of the legality of detention is not
required, but will be granted upon request. A functioning
system of bail exists.
The Kuwaiti Penal Code employs two different standards: one for
criminal cases and one for cases involving state security. In
all cases, a detainee may not be held for more than 4 days
without charge, but in practice that requirement has
occasionally been ignored in cases involving the KSS. In cases
not involving the KSS, the suspect must either be released or
charged by a prosecutor, who may authorize detention for an
additional 21 days. A judge may authorize further detention
pending trial.
Detention rules are different for cases involving state
security. In July 1991, the Government amended the State
Security Law to limit to 6 months the period of detention that
a prosecutor may authorize. A judge may authorize longer
detentions pending trial. A defendant may appeal the detention
order to the State Security Court after 21 days in detention.
If the appeal is rejected, the defendant may appeal again 30
days after the rejection. The Government, especially the KSS,
occasionally prevents families from visiting detainees during
the first 4 days while they are being interrogated. After
that, families are allowed to visit the detainees. There does
not appear to be any long-term incommunicado detention. On
average, detainees wait between 20 and 30 days for their trials
to begin.
Approximately 650 persons remained in detention as of October,
including those who had been convicted in either the State
Security or the martial law courts, a decrease of 30 percent
since 1992. Approximately 75 percent of these persons were
detained under administrative deportation orders, which may be
issued arbitrarily and which provide no judicial recourse.
Around 10 percent of these persons, especially Iraqis or bidoon
(stateless residents of Kuwait), had been in detention for more
than 1 year. Cases against many of the people under
administrative deportation orders are apparently not strong
enough to take to trial, but the Government is unwilling to
free them. The Government will not deport them to Iraq against
their will; the prisoners have nowhere else to go. Until March
of 1993, approximately 30 releases per month took place; after
March the number dropped to approximately 5 releases per month.
Under Kuwaiti law, no Kuwaiti may be exiled. Before the
invasion, however, there were a few credible reports of the
Government evading this law by revoking citizenship and then
deporting the "non-Kuwaiti" individual. There have been no
reports of revocations of citizenship in the postinvasion
period.
Noncitizens, even long-term residents, may be expelled without
charge or judicial recourse if deemed "troublemakers" or
"security risks." In addition, foreign nationals may be
expelled if they are unable to obtain work or residency
permits. During 1993 the Kuwaitis deported approximately 300
detainees and approximately 250 family members of Palestinians,
Yemenis, Sudanese, Jordanians, and Iraqis, a marked decrease
from the 1992 figures of approximately 1,250 detainees and
2,000 family members deported. The ICRC monitors deportations
only of the above-mentioned protected persons, but the
Government also deports Iranians and other foreign nationals,
including Americans and other Westerners who have violated
residency requirements or committed other offenses.
Government policies pressured Palestinians and nationals from
Iraq, Yemen, Sudan, and Jordan to leave Kuwait and made it
difficult for foreigners in general to sponsor their family
members' entry into the country. The Government's actions
reflected a deliberate policy aimed at changing the demographic
balance to reduce Kuwait's overall reliance on foreign workers,
particularly on nationals from countries considered hostile to
Kuwait.
e. Denial of Fair Public Trial
Kuwait's judicial system comprises the regular courts, the
State Security Court, the Court of Cassation, and the military
courts, which have jurisdiction only over offenses committed by
members of the armed or security forces, except during periods
of martial law. Both Sunni and Shi'a courts exist for family
law cases.
The Constitution guarantees the independence of the judiciary
and states that "judges shall not be subject to any
authority." While Kuwait's judicial system is nominally
independent, the executive branch controls its administrative
and financial matters. In most recent cases, the courts have
provided for fair public trials and the right of appeal. The
Amir appoints judges in the regular courts on the
recommendation of the Justice Ministry. Kuwaiti nationals who
serve as judges usually receive lifetime appointments, while
many non-Kuwaiti judges serve renewable 1- to 3-year
contracts. The Justice Ministry may remove judges for cause,
but rarely does so. There have been credible allegations by
non-Kuwaitis of instances of pro-Kuwaiti bias in commercial
disputes before the courts involving a Kuwaiti and a
non-Kuwaiti.
Trials are public unless the judge holds a session in his
chambers, a move commonly made in cases involving sexual
assault. The Constitution states that "sittings of the court
shall be public save in the exceptional cases prescribed by
law." Sessions of the State Security Court, including trials
of the defendants in the Bush assassination attempt and
collaborator trials, were open to the public. Defendants have
the right to be present at all trial sessions.
By law, all defendants in felony cases must be represented by
attorneys, court-appointed if necessary. In misdemeanor cases,
defined as crimes punishable by less than 3 years'
imprisonment, legal counsel is optional at the discretion of
the defendant, but the court does not have to appoint a defense
attorney if the accused cannot afford one. In cases tried by
the State Security Court, the Court must notify the defendant
of his trial date at least 10 days in advance. In cases tried
by the criminal courts, no requirement of advance notice
exists. In both systems, however, lawyers may request a delay
on the basis of not having had sufficient time and access to
their clients in advance of trial. Such a delay was requested
by and granted to defense lawyers in the trial of the suspects
charged with attempting to assassinate former President Bush.
Defendants may confront witnesses and present witnesses and
evidence. Defendants and their attorneys have the right to
view all accusatory material used against them and must be
notified of all prosecution witnesses in advance. The
Constitution states that "an accused person is presumed
innocent until proved guilty in a legal trial at which the
necessary guarantees for the exercise of the right of defense
are secured." Defendants tried and convicted in absentia have
the right to appeal. Both defendants and prosecutors may
appeal verdicts of the State Security Court to the Court of
Cassation. The Court of Cassation may conduct a limited,
formal review of cases to determine whether the law was
properly applied in each sentence. In criminal cases not
involving state security, a broader right of appeal is
available through the High Court of Appeal. Regarding the case
of 10 Palestinians who were sentenced to death by the State
Security Court in June, international human rights groups have
expressed concern about due process shortcomings, including
restrictions on the right of appeal and the lengthy periods of
pretrial detention.
In 1991 the Government prosecuted 74 cases involving 164
defendants in martial law courts. These trials did not
generally meet internationally accepted standards of due
process, but the Government has resisted international pressure
to conduct retrials or allow appeals.
Under the Constitution, the Amir has the power to pardon and
commute all sentences.
There are no groups (including women) who are barred from
testifying or whose testimony is given lesser weight in
Kuwait's secular courts. The Islamic courts, however, follow
Islamic law, which states that the testimony of one man equals
that of two women.
Kuwait holds no Kuwaiti political prisoners but continues to
hold foreign detainees and prisoners accused of collaboration
with the occupying Iraqi forces, a criminal charge under
Kuwaiti law. As noted above, most of the individuals convicted
in martial law courts (including the majority of collaborators)
did not receive a fair trial.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The right to individual privacy and sanctity of the home is
provided for in the Constitution, but there were credible
reports that authorities continued to ignore this right.
Kuwaiti law requires search warrants issued by the court or the
prosecutor unless the police are in hot pursuit of a suspect
fleeing the scene of a crime or there is an indication of the
presence of alcohol or narcotics on the premises. The
prosecutor issues search warrants to conduct searches on public
premises.
Kuwaiti police frequently manned checkpoints on major roads to
search for weapons, infiltrators, or persons without legal
residence permits. Although drivers could legally refuse to
have their vehicles searched, most allowed the police to do
so. There were numerous credible reports of harassment and
arrest of foreign nationals (especially peoples whose leaders
were associated with support for Iraq's invasion of Kuwait, as
well as bidoon) at checkpoints. Foreigners without residence
permits were also subject to arrest and detention.
In 1986 the Government restricted the right of Kuwaiti males to
marry foreigners, decreeing that advance official approval
would be required. Government officials said that concern
about meeting the State's responsibilities for the children of
non-Kuwaiti spouses residing outside the country motivated the
action, but the Government was also known to be concerned about
the growing number of Kuwaiti males marrying foreigners rather
than Kuwaiti women. Kuwaiti women were publicly advised
against marrying foreign nationals. The Government has only
sporadically enforced the law.
There is occasional surveillance of individuals and
communications.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
There are laws that permit the Government to restrict speech
and press freedoms, and the Government applied these laws on
some occasions in 1993. Many Kuwaitis, including critics of
the Government, discussed issues and offered their opinions in
public and private meetings. However, public criticism of the
Amir or Islam is not permitted, and some public meetings were
subject to surveillance by Interior Ministry personnel.
In January 1992, the Government rescinded the 1986 decrees that
provided for prepublication censorship. The Kuwaiti Journalists
Association concurrently drafted and implemented a code of
journalists' professional ethics. However, less overt
constraints on press freedom remain.
The press law restricts the press from publishing materials
that contain direct criticisms of the Amir, that involve
official confidential communications or treaties and agreements
with other states, or that "might incite people to commit
crimes, create hatred, or spread dissension among the people."
With the end of prepublication censorship, the Kuwaiti press
had to become its own censor, exercising judgment about what to
print under the press law, subject to potential government
legal action. The Government sometimes used the law to control
and punish the press during 1993. For example, the Attorney
General issued a statement instructing local newspapers to ban
reporting on financial scandals. The local press published
editorials denouncing the ban, and "violators" of the ban have
not been punished. Despite numerous efforts by various parties
to obtain his release, a Yemeni journalist remained in the main
deportation center where he had been sent in 1991 after
reporting on a controversy at the Ministry of Education.
The press discussed a wide variety of social, economic, and
political issues and criticized government policies and
officials, taking care to avoid criticism that the Government
might construe as libelous in nature. The press criticized
senior Kuwaiti officials, including the Prime Minister, the
Minister of Defense, and the Minister of Interior, all of whom
belong to the Al-Sabah family, on some issues but avoided
criticism of the Amir. Foreign press reporting from Kuwait is
uncensored, and foreign journalists have generally open access
to the country. Newspapers must have a license from the
Ministry of Information. By law, publishers lose this license
if their publications do not appear for 6 months.
One weekly leftist newspaper that served as an oppositionist
democratic forum resumed publication in 1993; it had been
banned since before the invasion. In March the National
Assembly overturned a 1988 Amiri decree dealing with secret
state documents. The Amiri decree, issued during a period when
the National Assembly had been dissolved, gave ministers
discretion to treat as state secrets practically all official
documents that were not officially declassified. Under this
decree, journalists who revealed the contents of apparently
innocuous documents could be subject to criminal prosecution.
In a related case, the courts ruled in favor of an opposition
newspaper that had been charged with publishing military
secrets.
The Government owns and controls radio and television, but the
Middle East Broadcasting Company and Egyptian television
transmit their programs directly onto Kuwaiti television
without censorship. Satellite dishes are not forbidden, and
many Kuwaitis watch a wide variety of uncensored cable
television programming, including Israeli television.
Kuwait has a Censorship Department which reviews all books,
films, videotapes, periodicals, and other material entering
Kuwait in bulk or for commercial purposes. In practice, such
censorship is sporadic and aimed mostly at material considered
morally offensive or pornographic. In addition, the General
Organization of Printing and Publishing controls the printing,
publishing, and distribution of informational materials in
Kuwait. Private Kuwaiti cooperative societies occasionally
boycott publications that offend moral sensibilities or Islam.
Academics operate with no apparent censorship of their
teaching, research, or writings, while subject to the same
restraints as the media with regard to criticism of the Amir or
Islam.
b. Freedom of Peaceful Assembly and Association
While political parties are banned, the Government has taken no
action against a number of political groups that acted much as
parties during the 1992 elections and succeeding National
Assembly session. Political activity finds its outlet in
informal, family-based social gatherings known as diwaniyas.
The Constitution affirms the right to private assembly "without
permission or prior notification," specifying that "the police
may not attend such private meetings," and also affirms the
right to public meetings, processions, and gatherings that are
"peaceful and not contrary to morals." Public gatherings,
however, must receive prior government approval, as must
private gatherings of more than five persons that result in the
issuance of a public statement. Professional groups, bar
associations, and scientific bodies operate and maintain
international contacts without government interference.
To operate legally in Kuwait, a nongovernmental organization
(NGO) must obtain an official permit through the Ministry of
Social Affairs and Labor. Since 1985, however, the Ministry
has granted no such permits for NGO's, with the sole exception
of a permit issued in 1991 for the Women's Volunteer
Association, headed by the wife of the Crown Prince. The
Ministry has denied all other requests on the grounds that
Kuwait already has enough NGO's. Over 55 NGO's are currently
registered. The Government subsidizes all licensed NGO's.
Kuwait's law on public interest associations has been
criticized by international human rights organizations as being
clearly defective when compared to international standards for
freedom of association.
Despite the Ministry's refusal to issue additional permits,
private organizations have flourished in Kuwait, especially
since liberation, their illegal status largely overlooked by
the Government. In August, however, the Council of Ministers
passed a decree stating that all unregistered NGO's must cease
operations. The action appeared to be directed particularly at
organizations working for the release of the missing Kuwaitis
presumed held in Iraq and had the effect of eliminating some
organizations that have been engaged in human rights work (see
Section 4). Some of these groups had engaged in activities
that the Government viewed as politically unacceptable.
c. Freedom of Religion
Kuwait's state religion is Islam; the Constitution states that
Shari'a (Islamic law) is "a main source of legislation" and
also declares that "freedom of belief is absolute" but must not
"conflict with public policy or morals." The ruling family
and many prominent Kuwaiti families are Sunni Muslims. There
are no restraints on worship by Shi'a Muslims, who constitute
approximately 40 percent of all Kuwaitis. Kuwait has a tiny
Arab Christian minority that is allowed to practice its
religion freely. There are a number of legally recognized
expatriate Christian congregations and churches, including a
Catholic diocese and an American-sponsored Protestant church.
Foreign nationals (e.g., Hindus, Sikhs, and Buddhists) who
practice certain religions not sanctioned in the Koran may not
build places of worship but may worship privately in their
homes. Missionaries may not enter the country and proselytize,
but foreign clergy may enter Kuwait to serve expatriate
congregations in a pastoral function. Kuwaiti law prohibits
religious education for religions other than Islam, although
this law does not appear to be rigidly enforced. Non-Islamic
clergy training institutions and publishing houses do not exist
in Kuwait.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
In general, Kuwaiti citizens have the right to travel freely
within the country and to change their workplace as desired.
Representatives of societies, associations, and trade unions
wishing to travel abroad and participate in international
meetings must receive prior permission. In theory, both men
and women enjoy the same freedom to travel abroad, but there
are limitations in practice. Husbands may prevent their wives
and minor children from leaving the country by refusing to sign
the required documentation that airport officials may ask
departing wives to show upon leaving the country. Married
women who apply for passports must obtain their husband's
signature on the application form. Kuwaitis are free to
emigrate and to return.
An anomalous situation exists in the case of the
bidoon--stateless persons generally of Bedouin background who
claim that they have no nationality--who resided in Kuwait
prior to the Iraqi invasion. The Government argues that many
bidoon are merely concealing their true citizenship so that
they can remain in Kuwait, become Kuwaiti citizens, and enjoy
the generous government benefits provided to Kuwaitis. While
some bidoon have longstanding ties to Kuwait, others immigrated
to Kuwait in the 1960's and 1970's in response to the oil and
construction booms. An estimated 120,000 of the preinvasion
bidoon population of about 220,000 remained in Kuwait in 1993.
The Government prevented the return of bidoon who had left
Kuwait, either willingly or by force, during the Iraqi invasion
by delaying or denying their entry visas. The Government's
action imposed severe separation hardships on some families.
In 1993 the Government continued its postwar policy of reducing
the number of Iraqis, bidoon, Palestinians, and other foreign
nationals in the country. Under the arrangements worked out
between the Kuwaitis and ICRC representatives, the ICRC was
able to interview deportees to verify that they did not object
to returning to Iraq. If they did object, they remained in the
main deportation center.
As of October, 5,000 of the 8,000 Gazan Palestinians remaining
in Kuwait and holding Egyptian laissez passer travel documents
had been given 1-year residence permits. The Government
relaxed its restrictions on the remaining Gazans, establishing
a tacit agreement not to round up Gazans for violating
residence laws. Many Gazans, however, left Kuwait voluntarily
in response to social and economic pressure.
Kuwait has no national legislation on refugees, but the
Constitution prohibits the extradition of political refugees.
Persons who are granted political asylum are automatically
issued residence permits. The Government does not deport
refugees who object to returning to their country of origin,
but it does ask the United Nations High Commissioner for
Refugees (UNHCR) to resettle such persons in a third country,
as allowing them to remain in Kuwait would not fit in with the
Government's population restructuring program, designed to
reduce the number of foreigners in Kuwait. The UNHCR has
refused all such requests. Refugees may also be held in
detention if they are regarded as potential security risks.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Kuwaitis do not enjoy the right to change the head of state and
government. The 30 percent of adult Kuwaitis eligible to vote
(see below) choose the membership of the National Assembly.
Under the Constitution, executive power is vested in the Amir
and under him in an appointed Council of Ministers headed by
the Prime Minister who, in accordance with family politics, has
been the Crown Prince. Following the 1992 elections, the Prime
Minister formed a 16-member Cabinet which included 6 elected
Assembly members. While the Constitution places legislative
power in the hands of the Amir and the Assembly, that has not
prevented the Amir from twice suspending constitutional
provisions and ruling extraconstitutionally.
The most recent dissolution of the Assembly, decreed by the
Amir in July 1986, lasted until the October 1992 elections.
Although the Constitution grants the Amir the right to suspend
the Assembly, it also obliges him to hold elections for a new
Assembly within 2 months of the dissolution, otherwise the old
Assembly regains its authority until the new one is elected.
The 1986 decree circumvented the election requirement by
suspending the section of the Constitution that called for new
elections. The Constitution gives the Amir the authority to
suspend its articles only during periods of martial law. The
Amir declares martial law. The Amir had previously dissolved
the Assembly from 1976 to 1981. In the Assembly's absence, the
Amir rules by decrees having the force of law. The Assembly
has the constitutional right to review and approve or overturn
Amiri decrees made in its absence. After its convocation, the
1992 Assembly reviewed all of the Amiri decrees and revoked
some of them, including the official secrecy law (see Section
2.a.) and an amendment to the law on public associations.
Constitutionally, elections for the Assembly are to take place
every 4 years by secret ballot. The electoral law provides
that candidates for the Assembly be self-nominated, with
multiple candidates permitted for the 50 seats. In 1992, 303
candidates registered for parliamentary elections.
Kuwaiti law prohibits the establishment of political parties;
however, the Government tacitly accepted the existence of
several opposition political groups which acted much as
political parties during the 1992 Assembly elections and the
ensuing Assembly session.
The law limits suffrage to adult males who resided in Kuwait
before 1920 and maintained a residence there until 1959 and to
their adult male descendants (21 years of age and older).
According to current nationality law, naturalized citizens who
do not meet the pre-1920 qualification but who have been
naturalized citizens for at least 30 years must wait until 1996
to acquire the right to vote. This waiting period means that a
large number of citizens do not have the right or the ability
to participate in Kuwaiti elections.
Distinctions based on parentage, length of residence, and
gender limit suffrage to approximately 30 percent of the adult
population. In the 1992 elections, approximately 82,000
eligible Kuwaitis (almost the entire enfranchised male
population) registered to vote. While a majority of candidates
elected to the National Assembly expressed opinions favoring
women's right to vote during their election campaigns, a public
backlash after the election resulted in several proposals on
this issue being held in committee. While both the Amir and
the Prime Minister have publicly stated that they favor
political rights for women, they have maintained that the
National Assembly must decide the question.
Non-Kuwaiti residents do not exercise any political rights, nor
do they participate in decisions affecting their interests.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are now no private local human rights organizations
legally functioning in Kuwait. Until the Council of Ministers'
decree banning all unlicensed NGO's in August (see Section
2.b.), the privately organized Kuwait Association for the
Defense of War Victims (KADWV), created in March 1991, sought
to help in the repatriation of internees from Iraq and address
the physical and psychological needs of former prisoners of war
and torture victims of the Iraqi occupation. KADWV also sought
to curb human rights abuses in Kuwait and took special interest
in alleviating the problems of the bidoon. Before the ban, the
Government by and large did not interfere in the work of the
KADWV, although on December 10, 1991 (Human Rights Day), it
censored a KADWV publication that commemorated the Universal
Declaration of Human Rights. The Government has permitted
visits and often met with representatives of various
international organizations and private agencies concerned with
human rights, while remaining largely unresponsive to their
criticisms and recommendations.
Government officials also cooperated with international
humanitarian organizations, including the ICRC, the
International Organization for Migration (IOM), and the United
Nations High Commissioner for Refugees (UNHCR).
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
Women in Kuwait suffer discrimination in both law and practice
in many areas. Women are denied the right to vote (see Section
3) and are traditionally restrained from freely choosing
certain roles in society. There are no female judges or
prosecutors, and only a few female Kuwaiti diplomats are
stationed outside of Kuwait.
While spousal abuse exists in Kuwait, there are no shelters for
women who have been abused by their husbands. Instead, cases
are referred to the psychiatric department at the Ministry of
Health. Police station and Ministry of Interior employees who
handle complaints of spousal abuse are specifically instructed
to try to reconcile the dispute within the family before
opening a case. Each of the country's 50 police stations
receives approximately one to two complaints of spousal abuse
each week. Offending spouses are asked to sign a statement at
the police station stating that they will not continue the
abuse.
Kuwaiti women who wear Western attire and foreign women are
subjected to sexual harassment. The physical and sexual abuse
of some expatriate Asian women (especially from the
Philippines, Sri Lanka, and other south Asian countries) who
work as domestic servants received considerable attention in
the press. Some observers believe that the problem worsened
after liberation. On several occasions, the Philippine Embassy
sheltered over 100 women at once. Although most of these women
sought shelter due to contractual or financial problems with
their employers, some cases involved physical and sexual abuse.
Domestic servants may take legal recourse against their
employers for abuse but generally do not because of a generally
substantiated fear of reprisal and a sustained fear that the
police and the judicial system will side with the Kuwaiti
employer. In March the Court of Appeal reduced to 2 years a
10-year sentence that had been imposed on a Jordanian couple
who had been convicted of "unintentionally" killing their
Philippine maid through starvation and beatings. In July,
however, a Kuwaiti man and his Lebanese wife were sentenced to
7 years in jail for the "unintentional murder" of their
Philippine maid. Although cited as an example of the Court's
willingness to sentence a Kuwaiti for a crime committed against
a domestic servant, the conviction on the basis of
"unintentional murder" appeared highly questionable in view of
the maid's injuries, which included a broken pelvis, broken
arms, and burns over all her body. The Government said it
acted to punish abusers, but government action did not deal
effectively with the problem. The Government established an
office to investigate crimes and complaints involving domestics
but has not yet acted on plans to establish a shelter for
runaway maids. As an interim measure, the authorities
designated a central police station to handle maids' complaints
and shelter a small number of maids. In addition to assisting
foreign embassies with the repatriation of some of these women,
the Government began to regulate recruitment agencies and close
down unscrupulous ones.
Kuwaiti courts have the authority to dissolve a marriage if a
woman is in danger of being harmed by her husband; Kuwaiti
judges have also found husbands guilty of spousal abuse.
Prostitution, although prohibited by Kuwaiti law, takes place.
Some legal discrimination against women exists, particularly
with respect to Kuwaiti women married to foreign men. Such
women receive no government housing assistance and must pay
residence fees for their husbands; residence is not guaranteed
for their husbands unless the husband is working. In contrast,
Kuwaiti men married to foreign women do not have to pay any
fees for their spouses, whose right to residence is automatic.
Females do not receive social security benefits. Under the
Islamic laws of inheritance, male heirs receive twice as much
as do female heirs. (These laws apply only to Muslims; a
special judge handles cases for non-Muslims.) Women may own
property and have the same property rights as men do.
Women are restricted from working in "dangerous industries and
trades harmful to the health." They are promised "remuneration
equal to that of a man provided she does the same work." This
promise is respected in practice.
Kuwaiti women may drive and do not have to follow a dress
code. They have full access to government-provided higher
education, and an estimated 60 percent of women of working age
are employed. Women work as doctors, engineers, lawyers, and
professors. A few women have reached senior government
positions. In July a woman was appointed to the Amiri Diwan
(royal court) as Director of Political Affairs; a July Amiri
decree named the first female president of Kuwait University.
In September the woman Director of Political Affairs in the
Amiri Diwan became Under Secretary in the Ministry of Higher
Education. Kuwait named its first woman ambassador in 1993 and
the state-owned Kuwait Petroleum Corporation (KPC), which runs
Kuwait's oil industry, named a woman as its Managing Director
for Administration and Economic Affairs, one of KPC's four top
positions.
While a number of individual Kuwaiti women speak openly about
the need to grant more rights to women, Kuwait lacks an
organized women's rights movement. Before the invasion, the
Kuwait Trade Union Federation (KTUF) had a Working Woman
Committee. The Committee has not yet resumed full activities
since the Gulf war.
Another group, the Women's Social-Cultural Society, has
committees dealing with cultural affairs, social activities,
alms, nurseries, cancer, the media, cooking, tailoring,
illiteracy eradication, and the Kuwaitis presumed detained in
Iraq. The Society also concerns itself with statistical
studies on women, cases of Kuwaiti women married to
non-Kuwaitis, legal and psychological counseling for women, and
children's welfare.
Children
The Government demonstrates its commitment to children's human
rights and welfare through financial means. For example, the
Government provides child benefit allowances and provides free
education and health care to all Kuwaiti children. The
Government also subsidizes infant formula.
Governmental expenditures on children's welfare cover orphans,
foster children, handicapped children, and mentally impaired
children. The Government also provides monthly financial
assistance for approximately 10,000 limited-income families
with children.
There is no pattern of societal abuse (including child
prostitution) of children. Children of persons awaiting
deportation are held along with their parents at the main
deportation facility. The Ministry of Interior forbade
schools, public and private, from accepting children who do not
have valid residence permits.
National/Racial/Ethnic Minorities
The plight of the bidoon (long-term residents of undetermined
nationality) remained one of the most pressing human rights
abuses in 1993. In the late 1980's and up to the time of
Iraq's invasion, the Government promulgated a series of
measures that, inter alia, dropped the bidoon from the census
rolls and stripped them of civil identification cards which had
entitled the bearer to a variety of social services. Many of
these persons were in limbo, without the legal right to work,
attend school, travel in and out of Kuwait, or marry. The
Government established a screening process to grant residence
permits to bidoon who had served in the Kuwaiti military and
security forces and their families and to bidoon in special
categories (children of Kuwaiti/bidoon marriages).
In 1993 the President of Kuwait's Martial Judicial Authority
announced that bidoon may no longer join the Kuwaiti army.
(This decree reversed a 1967 law which allowed bidoon to
enlist; it did not affect the bidoon already in the army.)
Foreign nationals are prohibited from having majority ownership
in virtually every business other than certain small
service-oriented businesses and may not own property. The
Government continued its Kuwaitization policy, begun in 1991,
applying significant labor and educational access restrictions
to foreigners, especially Palestinians and other "suspect"
nationalities. These persons found it difficult to obtain work
and resident permits. The Government's tying of access to
education to possession of a valid residence permit further
restricted access to public education, creating hardships for
some foreign nationals with families.
In past years, as part of its deliberate demographic policy to
reduce the number of expatriates in the country, the Government
also made it difficult for foreign workers to sponsor their
families for residency by installing high minimum wage
requirements for the individual workers wishing to apply for
family visas. In mid-1993, however, the Government eased these
difficulties by abolishing the visa fees for children and
lowering the minimum wage requirements by almost 50 percent.
Religious Minorities
Before the 1986 dissolution of the National Assembly, Islamic
groups within that body secured a bar on granting citizenship
to non-Muslims that is still in effect.
The administration of Kuwait's extensive welfare programs
reflected no evidence of discrimination among citizens based on
religion. Kuwait's Shi'a minority are less likely, however,
to be appointed to sensitive government positions, although two
ministers, including the important Minister of Oil, and a
high-ranking military officer are Shi'a.
People with Disabilities
No institutionalized discrimination exists against physically
disabled persons in housing, employment, education, and
provision of state services.
While the Government has not legislated or otherwise mandated
accessibility for the disabled, Kuwaitis show a high degree of
concern about the problems facing people with disabilities. A
Committee for Disabled People exists as part of the Ministry of
Social Affairs and Labor, the Ministry which serves as the
regulatory agency for such issues. The Ministry of Social
Affairs and Labor also provides extensive benefit programs
covering transportation, job training, and social welfare for
the disabled. Although not required to do so by law, almost
all grocery stores have designated special parking spaces for
the disabled.
A government rehabilitation center exists, as does a private
society for handicapped children.
Section 6 Worker Rights
a. The Right of Association
Kuwaiti workers have the right to join unions, but Kuwaiti law
prevents the establishment of more than one union per
functional area or more than one general confederation. Union
membership in 1993 was approximately 28,400 people organized in
14 unions. All but two of the unions, the Bank Workers' Union
and the Kuwait Airways Workers Union, are affiliated with the
Kuwait Trade Union Federation (KTUF). The KTUF consists of
nine civil service unions (18,800 members) and three oil sector
unions (6,900 members), but the oil unions have equal
representation (36 members) in the 72-member KTUF assembly.
The remaining two unions had approximately 2,700 members.
Foreign workers, who constitute the vast majority of the work
force, were permitted by law to join unions as nonvoting
members after 5 years of residence in Kuwait. In practice,
foreign workers interested in union membership may generally
join within a year of starting employment and residency in
Kuwait. In 1993 non-Kuwaitis constituted 33 percent of the
unionized workers.
Kuwaiti labor law stipulates that any new union must include at
least 100 workers, at least 15 of whom must be Kuwaiti. The
International Confederation of Free Trade Unions (ICFTU)
criticizes the latter requirement because it prevents workers
in sectors where few Kuwaiti nationals are employed, notably
the construction and domestic sectors, from organizing in trade
unions. The KTUF opened an "Expatriate Labor Office,"
responsible for resolving problems between foreign workers and
their employers in the private sector. The office does not
interact with the Government. It looks into complaints of
foreign laborers, provides legal advice free of charge, and
takes necessary action. The office assists all foreign
laborers, regardless of whether or not they are union members.
Although unions are legally independent organizations, in fact,
the Government maintains a large oversight role with regard to
their financial records; 90 percent of union budgets are in the
form of government subsidies. Unions must also follow a
standard format for internal rules and constitutions, which
includes prohibitions of any involvement in domestic political,
religious, or sectarian issues. In practice, these limitations
have not prevented unions from engaging in a wide range of
activities. In 1992 and 1993, for example, unions played some
role in domestic political affairs; the KTUF actively sought
the return of the Kuwaitis detained in Iraq, supported Kuwait's
return to parliamentary life in October 1992, urged members of
the electorate to vote, and called for standardization of
Kuwaiti nationality.
Under the law, a court may dissolve a union for violating labor
laws or laws concerning the "preservation of public order and
morals." Such a court decision may be appealed. The Amir may
also dissolve a union by decree. No union has been dissolved
in either manner. Kuwaiti citizen union members have the right
to elect representatives of their own choosing, provided the
candidates are also Kuwaitis and can demonstrate that they have
no criminal record.
The right to strike is recognized but is limited by Kuwaiti
labor law, which provides for a compulsory negotiation followed
by arbitration if a settlement cannot be reached between labor
and management (see Section 6.b.).
One strike occurred in April. Conducted by 170 petroleum
workers protesting a 12-year-old labor dispute, it was settled
between the Ministry of Oil and the petroleum syndicate within
a few days. Kuwait is a member of the International Labor
Organization (ILO) and has ratified the 1948 ILO Convention 87
on Freedom of Association. However, Kuwaiti laws do not have
specific provisions to prohibit retribution against strikers
and strike leaders.
The ILO's Committee of Experts (COE) reiterated again in 1993
its longstanding criticisms of a number of discrepancies
between the Kuwaiti Labor Code and ILO Conventions 1, 30, and
87 on hours of work and freedom of association and noted the
Government's assertion that draft revisions to the Labor Code
fulfill all provisions of the conventions "except those which
run counter to national security."
Areas criticized by the ILO included the prohibition on
establishing more than one trade union for a given field, the
requirement that a new union must have at least 100 workers,
the requirement that foreign workers must reside in Kuwait for
5 years before joining a trade union, the denial to foreign
trade unionists the right to vote and to be elected, the
prohibition against trade unions engaging in any political or
religious activity, and the reversion of trade union assets to
the Ministry of Social Affairs and Labor in the event of
dissolution.
The KTUF belongs to the International Confederation of Arab
Trade Unions and the formerly Soviet-controlled World
Federation of Trade Unions.
b. The Right to Organize and Bargain Collectively
Workers have the right to organize and bargain collectively,
subject to the restrictions cited above. These rights have
been incorporated in the Labor Law and have, according to all
reports, been respected in practice.
Collective bargaining is a three-step process beginning with
direct negotiations. The Labor Law provides for direct
negotiations between employers and "laborers or their
representatives" in the private sector. In practice, most
agreements are resolved through negotiations, possibly with the
assistance of the Ministry of Social Affairs and Labor. Some
employers have wage scales set by wage surveys. If an amicable
agreement is not reached, the parties may petition the Ministry
of Social Affairs and Labor for settlement. If no agreed
solution is reached by this means, the dispute is referred to a
labor arbitration board composed of officials representing the
High Court of Appeals, the Attorney General's office, and the
Ministry of Social Affairs and Labor. Most differences do not
reach arbitration.
The Civil Service Law makes no provision for collective
bargaining between government workers and their employers. The
government administratively sets civil service wages. Many
consider civil service wages and benefits more generous than
wages and benefits for comparable jobs in the private sector.
In practice, government workers' representatives and ministry
officials hold coordination meetings on a periodic basis. If
the individual ministry and its workers do not reach an
agreement, the issue is raised to the Council of Ministers,
whose chairman, the Crown Prince and Prime Minister, also
chairs the Civil Service Council. Union officials resolve most
issues at the working level and enjoy free access to the Crown
Prince and other senior officials.
Kuwaiti labor law prohibits antiunion discrimination. Any
worker who alleges antiunion discrimination has the right to
appeal to the judiciary. There were no reports of
discrimination against union or nonunion employees. Employers
found guilty of antiunion discrimination must reinstate workers
fired for union activities.
There are no export processing zones in Kuwait.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced labor "except in cases
specified by law for national emergency and with just
remuneration." Nonetheless, there continue to be credible
reports that foreign nationals employed as domestic servants
have been denied exit visas if they seek them without their
employers' consent.
Foreign nationals must obtain a Kuwaiti sponsor in order to
obtain a residence permit and cannot change their employment
without permission from their original sponsors. Domestic
servants are particularly vulnerable to abuses from this
practice because they are not protected by Kuwaiti labor law.
Sponsors frequently hesitate to grant their servants permission
to change jobs because of their financial investment in the
servants. In many cases employers exercise some control over
their servants by holding their passports, although the
Government prohibits this practice and has acted to retrieve
passports of maids involved in disputes.
Domestic servants who run away from their employers can be
treated as criminals under Kuwaiti law. In some reported
cases, employers illegally withheld wages from domestic
servants to cover the costs involved in bringing them to
Kuwait. The Government has done little, if anything, to
protect domestics in such cases.
d. Minimum Age for Employment of Children
The minimum age under Kuwaiti law is 18 years for all forms of
work, both full- and part-time. Compulsory education laws
exist for children between the ages of 6 and 15. These laws
are not fully observed in the nonindustrial sector. Some small
businessmen employ their children on a part-time basis, and
there have been unconfirmed reports that some south Asian
domestic servants are under 18. The Minister of Social Affairs
and Labor is charged with enforcing minimum age regulations.
Employers may also obtain permits from the Ministry to employ
juveniles between the ages of 14 and 18 in certain trades.
Juveniles may work a maximum of 6 hours per day on the
condition that they work no more than 4 consecutive hours
followed by a rest period of at least 1 hour.
e. Acceptable Conditions of Work
The Ministry of Social Affairs and Labor is responsible for
enforcing all labor laws. There is no legal minimum wage in
the private sector. A two-tiered labor market ensures high
wages for Kuwaiti employees while foreign workers, particularly
unskilled laborers, receive substantially lower wages. In 1993
the minimum wage in the public sector, administratively set by
the Government, was approximately $630 a month (180 Kuwaiti
dinars) for Kuwaitis and approximately $315 a month (90 Kuwaiti
dinars) for non-Kuwaitis, amounts sufficient to provide a
decent living for a worker and his family.
The Labor Law establishes general conditions of work for both
the public and the private sectors, with the oil industry
treated separately. The Civil Service Law also prescribes
additional conditions for the public sector. Labor law limits
the standard workweek to 48 hours with 1 full day of rest per
week, provides for a minimum of 14 workdays of leave each year,
and establishes a compensation schedule for industrial
accidents. Domestic servants, who are specifically excluded
from the private sector labor law, frequently work long hours,
greatly in excess of 48 hours.
The ILO has urged Kuwait to guarantee the weekly
24-consecutive-hour rest period to temporary workers employed
for a period of less than 6 months and workers in enterprises
employing fewer than five persons. Reflecting the petroleum
sector's importance to Kuwait, the law governing employment in
this area is more generous than the general laws. It provides
for a 40-hour workweek, 30 workdays of annual leave, and a
generous sick leave policy which authorizes sick leave for up
to 2 years. Laws establishing work conditions are not always
applied uniformly to foreign workers. Kuwaiti labor law also
provides for employer-provided medical care and compensation to
workers disabled by injury or disease due to job-related
causes. The law also requires that employers provide periodic
medical examinations to workers exposed to environmental
hazards on the job (i.e., chemicals, asbestos, etc.).
The Government has issued occupational health and safety
standards; however, compliance and enforcement appear poor,
especially with respect to unskilled foreign laborers. Kuwaiti
employers often exploit workers' willingness to accept
substandard conditions. Foreign workers, especially unskilled
or semiskilled south Asian workers, frequently face contractual
disputes, poor working conditions, and some physical abuse. In
August several Indian laborers accused the Kuwaiti police of
beating them after police intervened in a bitter contractual
dispute. They also alleged that some of them had occasionally
been forced to work clearing unexploded mines along the Iraqi
border, a task for which they had no training. In practice
Kuwaiti labor laws do not protect most foreign workers well.
Workers have the right to remove themselves from dangerous work
situations without jeopardy to their continued employment, and
legal protections exist for workers who file complaints about
such conditions. In 1992 there were 798 occupational injuries,
primarily in the sectors of construction and building,
manufacturing, hotels and restaurants, and transportation. To
cut accident rates, the Government periodically inspects
installations to raise awareness among workers and employers
and ensure that they abide by the safety rules, control the
pollution resulting from certain dangerous industries, train
workers who use new machines in specialized institutes, and
report violations.
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