COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS REVIEWS INITIAL REPORT OF KUWAIT

3 May 2004


The Committee on Economic, Social and Cultural Rights completed today its review of the initial report submitted by Kuwait on how that country implements the provisions of the International Covenant on Economic, Social and Cultural Rights.

Introducing the report, Dharar A. R. Razzooqi, Ambassador and Permanent Representative of Kuwait to the United Nations Office at Geneva, said Kuwait had been in a transitional phase since the invasion and war. However, since its inception, the Government had been making efforts to make Kuwait a social State.

Mr. Razzooqi said the region had witnessed major wars and there was no real stability and peace which were prerequisites for the full enjoyment of economic, social and cultural rights by the people.

Over the course of the discussion, Committee Experts queried the Kuwaiti delegation on issues pertaining to the impact of the conflict on the full enjoyment of economic, social and cultural rights of the people; the equal enjoyment of men and women of the rights set forth in the Covenant; the situation of Bidoon or people without status; the rights of foreign workers; and abuse and economic exploitation of foreign domestic workers, among other things.

The Committee will issue its concluding observations and recommendations on the report of Kuwait at the end of its three-week session on 14 May.

Other members of the Kuwaiti delegation were Abdullah Al-Askar, First Secretary, and Najeeb Al-Bader, Attaché, Permanent Mission of Kuwait in Geneva; Jamal M.F. Al-Dousari, Director of Legal Studies Department, Ministry of Social Affairs and Labour; Abdul Karim A. Al-Khalifi, Director of the Department of Public Relations and Information; Public Authority for Social Security; Rhased Al-Owaish, Director of the Department of Public Health, Ministry of Public Health; Mohammad Al-Shatti, Deputy Permanent Representative of the Kuwait Office to the United Nations Educational, Scientific and Cultural Organization (UNESCO); Mohammad Jasem Hussein, Supervisor of the Department of International Relations, Ministry of Justice; and Jamal Al-Raish, Officer, Ministry of Interior.

Kuwait, as one of the 149 States parties to the Covenant, is obligated to submit periodic reports to the Committee explaining how it is giving effect to the provisions of the treaty. The ten-member Kuwaiti delegation was on hand during three meetings to introduce the report and supply answers to questions put by Committee Experts.

When the Committee reconvenes at 3 p.m. on Monday, 3 May, it will take up the fourth periodic report of Spain (E/C.12/4/Add.11). A press release will be issued at the end of the Committee’s public consideration of the report on Tuesday, 4 May.

Report of Kuwait

The initial report of Kuwait (E/1990/5/Add.57) contains detailed information on the manner in which the State party implements the provisions of the International Covenant on Economic, Social and Cultural Rights through administrative, judicial and legislative measures. It says Kuwait has supported international resolutions backing the rights of peoples to self-determination and has played an honourable role in supporting the struggle of peoples for independence and the right to dispose of their economic resources. It notes that the country’s Constitution emphasizes the fact that all natural resources and their revenue belong to the State, and that it is for the State to protect and prudently exploit such resources, taking into account its security and economic interests.

The report says women and men enjoy all the economic, social and cultural rights set forth in the Covenant. Women constituted 28 per cent of the labour force in 1996 in all sectors. They were also heavily involved in voluntary work through national societies covering a range of cultural, artistic and professional activities. The Constitution guarantees the right to work for all citizens and the State has a responsibility to provide work to all citizens able to work. However, no individual shall be forced to work. The State is continuing efforts to create job opportunities in all walks of life while allowing the individual full freedom to choose the type of work compatible with his or her abilities.

Presentation of Report

DHARAR A. R. RAZZOOQI, Ambassador and Permanent Representative of Kuwait to the United Nations Office at Geneva, expressed regret that his Government was not able to provide written answers to the list of issues prepared by the Committee in advance. Kuwait had been in a transitional phase since the invasion and war. However, since its inception, the Government had been making efforts to make Kuwait a social State.

Mr. Razzooqi said his region had witnessed three major wars: the Iran-Iraq war; the invasion of Kuwait; and the war against Iraq, which was a liberation war. At present, there was no real stability in Kuwait. People were living in fear and insecurity. Security and stability necessarily led to economic prosperity. However, the region still lacked stability and peace, which were prerequisites to the full enjoyment of economic, social and cultural rights.

The former Iraqi leader was one of the most brutal dictators in the world, Mr. Razzooqi recalled. The fall of Saddam Hussein could be equated to the fall of the Berlin Wall because Kuwaitis were now able to communicate with Iraqis. During the invasion of Kuwait, Saddam burnt everything, including the oil. At that time, he used to burn 6 million barrels of oil every day.

Concerning the Kuwaiti prisoners of war, Mr. Razzooqi said they had languished in the hands of the Iraqi regime. A recent investigation had indicated that they had finally been killed. The new Iraqi authorities, in collaboration with Kuwaiti authorities, had found mass graves from where many of the Kuwaiti prisoners were exhumed.

In conclusion, he said that during the invasion of Kuwait, the Government-in-exile had succeeded in providing financial assistance to all Kuwaitis dispersed throughout the world due to the invasion.

Discussion

The delegation of Kuwait first responded to written questions prepared by the Committee in advance, to which the Government was unable to send written replies.

Asked to explain the extent to which the realization of economic, social and cultural rights had been affected by the current state of affairs existing between Kuwait and Iraq, the delegation said the society was still feeling the effects of the invasion. It had also been a constraint on the economic development efforts of the country.

On the establishment of national human rights institutions, the delegation said the State was a member of the Arab Human Rights Committee, which had a branch in Kuwait. The branch was composed of Kuwaitis and served as a national human rights institution. Through various programmes, the State had continued to promote and protect economic, social and cultural rights.

Since Kuwait ratified the Covenant in 1996, its provisions were legally binding and applicable in courts of law and the various branches of Government took its provisions into consideration, the delegation said. Although there were no court cases with regard to the Covenant, it could be invoked because of its incorporation into the domestic law.

Asked whether the provisions of the Covenant were being taught in schools and colleges, the delegation said the Covenant was part of the teaching programme in schools. It was also taught in police and military training academies.

The Bidoons were illegal residents in Kuwait who came from outside and hid their identities to cover their origins, the delegation said. Most of them entered the country illegally in the1960s and started settling in the country. The situation was not properly interpreted and a wrong impression had been given about the Bidoon. Terming the Bidoon as stateless people was inappropriate because they came from neighbouring countries after hiding their identities. However, Kuwait provided health and educational facilities to all persons without distinction.

The number of the “Bidoon” -- illegal residents -- had increased from 8,228 in1960 to 219,966 in 1990, the delegation said, adding that after the liberation the number had dropped to 121,276 in 1996. In 2003, only 96,002 people continued to reside in the country. It was reported that because of the war, many of them went back to their places of national origin. The Government had traded the granting of legal resident permits with the holding of national passports by undocumented individuals. As a result, 20,856 persons were granted permits after they obtained their respective national passports.

Kuwait provided economic assistance and participated in development programmes in 40 African countries and some Asian States, the delegation said. It was the State’s conviction to extend economic aid to as many countries as possible.

Responding to a question on equality between women and men, the delegation regretted that the draft law on the equal political rights of women had been defeated in parliament by only one vote. Women were still not allowed to vote. The Government would continue submitting similar proposals to the legislators until such a law was adopted. In other fields, the equality of women and men was guaranteed.

Kuwaiti citizens were accorded the right to work and the free choice of work, the delegation affirmed. They enjoyed all rights under the law pertaining to the enjoyment of the free choice of work.

With regard to the reservations made on certain articles of the Covenant, the delegation said that they were made within the context of Kuwait’s existing legislation and to avoid any contradiction. The reservation on the rights of women had been made because of the actual reality, which the Government was endeavouring to change. The parliament was the one that decided the compatibility of domestic law with that of international conventions. The Government had to convince the parliament to give equal political rights to women.

Asked if polygamy was still allowed in Kuwait, the delegation said that Islam allowed this practice. Reacting to that affirmation, an Expert said that Tunisia, a Muslim country, did not allow polygamy, and Islam had nothing to do with such marriages.

Asked if Kuwait was willing to join the Asia-Pacific Human Rights Forum, the delegation said Kuwait participated in the work of the Forum and would continue to do so. With regard to the Arab Charter for Human Rights, Kuwait would consider its position when the draft was submitted for discussion at the Arab League. The draft at this point was in the hands of experts for revision.

Asked why Kuwait had not ratified many of the major International Labour Organization (ILO) conventions, such as on the right to collective bargaining and the right to strike, the delegation said there were no problems that prompted the ratification and implementation of those provisions, since everything was going smoothly in the country.

An employer had no right to retain the passport of a foreign worker, the delegation said. In the past, courts had ruled that the employer had no right to retain the travel document of his employees on any grounds.

Responding to a question on the safety of workers in the oil industry, the delegation said that as a signatory of a number of international and regional treaties on the maintenance of the environment in the oil industry, Kuwait had taken a series of measures that guaranteed the safety of employees in that sector. The international and local insurers monitored the safety networks placed to protect the health and safety of all workers.

Young people were not allowed to engage in hazardous working conditions that could affect their health, the delegation said. As a party to the ILO Convention no. 182 on the worst forms of child labour, Kuwait had put in place legal provisions to protect children. A special decree had been adopted to strengthen the limitation of the work juveniles could engage in.

There was no unemployment in Kuwait because workers arriving from abroad already had contracts and they returned to their respective countries upon the termination of their contacts, the delegation said. For Kuwaiti citizens, there was always abundant work at their disposal.

Kuwait had taken steps to protect foreign domestic workers and had put in place preventive measures to penalize those who abused and economically exploited them, the delegation said. A ministerial law had recently been promulgated in that direction. A committee had also been established to monitor the situation.

There was no legislative restriction on the right to strike and workers had the freedom to strike, the delegation said. Any strike should be criminalized if it was detrimental to the law, safety and public order. However, the strike itself was not criminalized.

Non-Kuwaitis benefited from the social security fund and received an end of service premium while Kuwaitis received monthly pensions, the delegation said. Those who had not received their bonuses before the invasion were able to do so later. For Kuwaitis, the social security system was a “social guarantee”. Any Kuwaiti worker contributed 5 per cent of his or her salary to be complemented by 10 per cent by the employer and the State each. When the worker retired, he would receive 90 per cent of his salary, excluding the terms of pensions in the events of accidents or disability.

An Expert was of the view that the situation of domestic workers in Kuwait was a concern because of the slave-like treatment of that category of workers. Their working hours were not limited, they had no right to defend themselves in the event of violations of their rights by their employers, and their employment period was not defined. There was no official salary scale. Normally, the salaries they received were low. An employer could terminate the contract and send the worker back home at any time. In many cases domestic workers were subjected to abuse and economic exploitation.

Reacting, the delegation said it was true that there had been cases of ill-treatment and some cases had been brought to justice. A State team had been monitoring the manner in which domestic workers were employed and their working situations. The bank accounts of the workers were checked to verify if the employers regularly paid the workers’ wages. In Kuwait, there was no forced labour as alluded to by the Expert. A worker should receive an average monthly salary of 75 dinars (approximately US$280). In many cases, courts had ruled against the retention of passports by an employer and had ordered their restitution to the workers.

Committee Experts raised a series of questions pertaining to, among other things, the protection of the family; reproductive health and the right to abortion; the kind of contraceptives provided for women; the situation of children born out of wedlock; sex education and the measures taken against the HIV/AIDS pandemic; nutritional programmes for foreign children; prevention of domestic violence; acts of corporal punishments; the low age of criminal responsibility; and the measures taken against trafficking in humans.

In response to a question on equality between the sexes, the delegation said the Kuwaiti legal framework guaranteed equal rights to both men and women; the Constitution provided for the right to education, health care and legal rights, among others.

The law on personal status recognized the rights of all creeds and religions, as well as the right to freedom of expression. Women could use the judiciary and had the right to full independence, financially and commercially. According to commercial law, a woman’s possessions could not be confiscated in case her husband was indebted. A national commission for women’s rights, as well as a commission for the rights of the child and family rights, had been established. Furthermore, a primary health care department was established to help raise awareness on maternal health. Approximately 55 private and civil society associations were operating in Kuwait to help promote equality of women.

Regarding penal law, the penalty should be reduced if the accused was the “breadwinner” for the family. Moreover, pregnant women prisoners were provided with special healthcare and were transferred to hospitals at the time of childbirth. Prostitution of all kinds was prohibited under Kuwaiti law; the Government had taken measures to close down brothels.

Under Kuwaiti law and its practice code, abortion was prohibited. However, if the health of the mother was at stake, abortion was permissible. Kuwait was bound by Islamic law when it came to this question.

Concerning children born out of wedlock, Kuwaiti law entitled them to Kuwaiti nationality and they enjoyed the same rights afforded to other children in the State.

As to the age of legal responsibility, Kuwaiti legislature had issued a special law for juveniles which stated that children between ages seven and fifteen were subjected to legal procedures and their cases were decided on by a juvenile judge. If a child posed a continuing threat to society, the State had a responsibility to rehabilitate him or her. In other cases, they were either returned to their parents or sent to a juvenile home.

Concerning the infrastructure of health services in rural areas and for mentally disabled persons, the delegation stated that there were no rural areas in the country. Kuwaiti law provided medical care for everybody, both Kuwaitis and non-Kuwaitis, free of charge.

In response to a question on measures taken to prohibit smoking, the delegation said Kuwait was one of the countries which had a pioneering law to combat smoking. The Ministry of Health had decided to ban publicity on smoking and had already banned smoking in Ministry facilities.

In response to a question on HIV/AIDS, the delegation said the National Committee against AIDS was established in accordance with UNAIDS and other international entities to raise awareness of HIV/AIDS within Kuwait. The delegation provided statistics on persons tested for AIDS and those living with AIDS in Kuwait.

The delegation said primary education was compulsory and free throughout Kuwait and began at the age of four; intermediate education was also compulsory and free and applied to both Kuwaitis and non-Kuwaitis. Kindergarten centres were supervised by the Ministry of Labour and Social Affairs. Under Kuwait’s education strategy, Kindergartens, or child care centres, covered children from infancy to the age of three.

Concerning the draft law on copyrights and intellectual property, Kuwait, as a member of the World Trade Organization and the World Intellectual Property Organization, had issued a law on copyrights which was currently being amended. The law allowed for two punishments, one pertaining to a fine to those committing acts against the law.

Answering a question posed on persons with disabilities, the delegation said Kuwait provided vocational training for disabled persons and had set up a special department under the Ministry of Education to enable them to become fully integrated into Kuwaiti society. The Ministry provided the disabled with therapy, wheel chairs, and special education grants. Kuwaiti law provided for the protection of disabled persons. A centre for disabled children was established in 1979 for their rehabilitation. There were also centres for rehabilitation of juvenile delinquents, both boys and girls; a total of 672 cases were being addressed in these centres. The role of the centre for social development also extended to assisting children affected by the war; especially for those affected by landmines. Various projects and services had been established in Kuwait to allow for protection of children. There was also an “early intervention centre” to prevent violations of the rights of children. Mortality of children in Kuwait was the lowest in the region, the delegation added.