COMMITTEE ON RIGHTS OF CHILD CONTINUES REVIEW OF KUWAIT'S REPORT ON COMPLIANCE WITH CONVENTION

AFTERNOON
HR/CRC/98/49
28 September 1998





The Committee on the Rights of the Child this afternoon continued its consideration of the initial report of Kuwait on the efforts of that country to comply with the provisions of the Convention on the Rights of the Child.

The delegation of Kuwait told Committee members that the legal system did not allow women to either elect or to be elected. A draft law in favour of women's electoral participation was introduced but did not pass during the last parliamentary session.

A number of the Committee's 10 independent human rights experts raised further queries about criminal liability of children; compulsory education; the absence of women from parliamentary elections; children born out of wedlock; and stateless children, among other things.

When the Committee reconvenes at 10 a.m. on Tuesday, 29 September, it will conclude its consideration of the report of Kuwait.

Discussion

Committee members said that the criminal responsibility of a child was fixed at 7 years, but keeping in mind the developmental perspective of a child, they suggested the age limit should be raised. The minimum age for marriage was fixed at 15 years for girls and 17 years for boys and the experts asked about the difference in the age limits. Some experts were concerned that girls married at a young age would lose their childhood early and enter adult life without being sufficiently mature. They suggested that the age for marriage should be raised to 18 years for both girls and boys.

Kuwait's compulsory education was fixed at 10 years while the minimum age for admission to public work was fixed at 14 years. An expert asked what a child could do once he or she completed the compulsory education at the age of 10. In what activities could a child be engaged until reaching 14 years of age when he or she were able to work?

A question on the rights of women and their electoral status was also raised by Committee members. Did Kuwaiti women have rights to vote? Could women stand for election? Were there female deputies in the National Assembly? If women were not participating in elections, was this not discrimination and against the principles of the Programme of Action adopted by the Fifth World Conference on Women in Beijing? Some experts decried the absence of women in the election system.

Committee experts asked if children born out of wedlock had the same rights as those born within wedlock. They wanted to know if children born out of wedlock were discriminated against by the society and if there was a negative attitude towards such children. They asked about the status of 25,000 minors living in Kuwait.

One expert said that Kuwait was not party to any international or regional instruments relating to the status of refugees and stateless persons. Kuwait was urged to ratify such conventions pertaining to asylum-seekers and statelessness.

Some experts said making Bedoon and Palestinian children carry identity cards which were different from those carried by Kuwaiti children was tantamount to discrimination. They wondered if there was discrimination against those categories of pupils in schools.

In response to the numerous questions raised by Committee experts, the delegation said that the 25,000 minors living in Kuwait were legitimate children whose fathers died without leaving any inheritance or property. They were taken care of by the public authorities until they became adults.

Kuwait had participated in the Beijing Conference and it had not failed in its obligation to respect the rights of women, stressed the delegation. Kuwaiti women held high positions, including ambassadorial and under-secretarial ranks. Generally, women were present in all spheres of life and engaged in all sorts of activities. Nevertheless, women's participation in elections had not yet been realized. During its last session, the nation's parliament debated a draft law which would have permitted women to take part in elections. But the law failed to be adopted and it was hoped that it would be reexamined in the future.

Kuwait, although it had not ratified International Labour Office Convention 138 on minimum age for employment or any conventions directly relating to child labour, was contemplating ratification of such international conventions. Kuwait was in the process of democratizing its society and strengthening its institutions in order to ensure the rights and freedoms of its citizens.

With regards to stateless persons, the delegation believed that many of them were not stateless as they claimed but came from neighbouring countries with no identities or other relevant documents. The Kuwaiti authorities could not give all of them nationality which would mean that the Government had to provide them with free housing and retirement. However, the so-called stateless persons received free health and educational facilities as long as they were in Kuwait.

With regard to registration of new born children, the delegation said that the registration system had been computerized and since the population was small, it was not a matter of concern. Birth and vaccination certificates were distributed to the parents of the newly born child.

Kuwaiti legislation stipulated that children under the age of 7 were not criminally liable for acts they committed, the delegation said. Similarly, the civil law stipulated that children under that age were not held responsible. By the same token, children under 14 years could not take an oath and testify in courts. Any testimony given by such children could not be considered as evidence before a judge.

Committee members, in further questions to the delegation, asked why non-nationals in Kuwait, especially Bedoons, were not allowed to receive education in public school. Private schools were expensive and thus not accessible. Due to lack of access to schools and increased poverty among Bedoons, there was an increase in the number of Bedoon children living or working in the streets.