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19 July 2000
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Human Rights Committee
69th Session
19 July 2000
Afternoon
The Human Rights Committee this afternoon concluded its review of an initial report of Kuwait by calling on the Government to lift its reservations which were incompatible with the International Covenant on Civil and Political Rights.
In preliminary conclusions and recommendations, Committee Chairperson Cecilia Medina Quiroga said that reservations entered by Kuwait underestimated the strength of the Covenant and invalidated Kuwait's international obligations under the treaty.
Formal, written concluding observations and recommendations on the report of Kuwait will be issued by the Committee towards the end of its three-week session on 28 July.
A 10-member Kuwaiti delegation led by Dharar A.R. Razzooqi, Permanent Representative of Kuwait to the United Nations Office at Geneva, was on hand to present the report and to answer questions raised by Committee members.
As one of the 145 States parties to the Covenant, Kuwait is obligated to submit periodic reports on its efforts to implement the provisions of the instrument.
After concluding its review of the report of Kuwait, the Committee met in private to consider draft concluding observations on the initial report of Kyrgyzstan, which it reviewed last week.
When the Committee reconvenes at 10 a.m. on Thursday, 20 July, it will continue meeting in private before taking up the third and fourth periodic reports of Australia (CCPR/C/AUS/98/3+4) at 3 p.m.
Discussion
The delegation of Kuwait continued to provide answers to oral questions raised by Committee experts during the morning meeting. Turning back to the issue of Bedoons, the officials said their actual number stood at 102,004 and they were still considered to be illegal residents. In 1990, Bedoons numbered 219,966; the decrease in their number was attributed to the fact that many of them divulged their national origin to the Kuwaiti authorities, thus obtaining legal resident permits. Many Bedoons were also accorded Kuwaiti nationality through the process of naturalization, which contributed to the decrease in their numbers.
On the subject of disabled persons, the delegation said Kuwait was well advanced in handling that category of persons in a very modern way. The special needs of the disabled had been satisfied including their integration into the society and into the workplace. Certain buildings were refurbished to facilitate the free movement of disabled persons. The Government was responsible for their recruitment.
Concerning domestic workers, the Government had been launching programmes designed to increase awareness among employers to treat them humanely, the delegation said. Many of the problems arose from the agents importing the work force from abroad; the conditions in which they arrived in Kuwait was not clearly defined; and the Government was checking on irregularities concerning domestic workers.
On the establishment of human rights commissions, the parliament was lagging behind on this, the delegation said.
Preliminary Observations and Recommendations
In preliminary conclusions, Committee Chairperson Cecilia Medina Quiroga recognized that the Iraqi invasion had impacted the implementation of the provisions of the Covenant in Kuwait. She said that there was consensus in the Committee that little information was provided by the delegation, except repeating what was already said in the report concerning the civil and political status in Kuwait.
The position of the Covenant in the Kuwaiti legal order was not clearly defined, Ms. Quiroga said; although it was said that the Covenant was part of the legal system, the hierarchy of the laws was not clear; possible conflict with other legislation such as Sharia was not indicated; and if the Covenant was of the law, then there should be a law regulating political parties.
Ms. Quiroga said that reservations entered by Kuwait underestimated the strength of the Covenant and invalidated Kuwait's international obligations under the Covenant. Although some of the reservations were designed to protect the status of Sharia, it was not necessary to do so. A good example was that the Emir introduced a law to parliament which would have permitted women to vote. That showed that the problem was not religious. She underlined that non-discrimination was more important than all human rights values. The declaration of reservations made by Kuwait was therefore not compatible with the principles of the Covenant. The human rights of women should be primordial. She regretted that the delegation did not make any commitment to change the situation.
Ms. Quiroga also said that the four-day police detention was too long. She asked if the authorities to whom detentions were referred to had the jurisdictional capacity to determine the length of pre-trial detention.
In conclusion, Ms. Quiroga asked how Bedoons were considered while they were working for the Government. It was a strange form of status, she said.
* *** *
69th Session
19 July 2000
Afternoon
The Human Rights Committee this afternoon concluded its review of an initial report of Kuwait by calling on the Government to lift its reservations which were incompatible with the International Covenant on Civil and Political Rights.
In preliminary conclusions and recommendations, Committee Chairperson Cecilia Medina Quiroga said that reservations entered by Kuwait underestimated the strength of the Covenant and invalidated Kuwait's international obligations under the treaty.
Formal, written concluding observations and recommendations on the report of Kuwait will be issued by the Committee towards the end of its three-week session on 28 July.
A 10-member Kuwaiti delegation led by Dharar A.R. Razzooqi, Permanent Representative of Kuwait to the United Nations Office at Geneva, was on hand to present the report and to answer questions raised by Committee members.
As one of the 145 States parties to the Covenant, Kuwait is obligated to submit periodic reports on its efforts to implement the provisions of the instrument.
After concluding its review of the report of Kuwait, the Committee met in private to consider draft concluding observations on the initial report of Kyrgyzstan, which it reviewed last week.
When the Committee reconvenes at 10 a.m. on Thursday, 20 July, it will continue meeting in private before taking up the third and fourth periodic reports of Australia (CCPR/C/AUS/98/3+4) at 3 p.m.
Discussion
The delegation of Kuwait continued to provide answers to oral questions raised by Committee experts during the morning meeting. Turning back to the issue of Bedoons, the officials said their actual number stood at 102,004 and they were still considered to be illegal residents. In 1990, Bedoons numbered 219,966; the decrease in their number was attributed to the fact that many of them divulged their national origin to the Kuwaiti authorities, thus obtaining legal resident permits. Many Bedoons were also accorded Kuwaiti nationality through the process of naturalization, which contributed to the decrease in their numbers.
On the subject of disabled persons, the delegation said Kuwait was well advanced in handling that category of persons in a very modern way. The special needs of the disabled had been satisfied including their integration into the society and into the workplace. Certain buildings were refurbished to facilitate the free movement of disabled persons. The Government was responsible for their recruitment.
Concerning domestic workers, the Government had been launching programmes designed to increase awareness among employers to treat them humanely, the delegation said. Many of the problems arose from the agents importing the work force from abroad; the conditions in which they arrived in Kuwait was not clearly defined; and the Government was checking on irregularities concerning domestic workers.
On the establishment of human rights commissions, the parliament was lagging behind on this, the delegation said.
Preliminary Observations and Recommendations
In preliminary conclusions, Committee Chairperson Cecilia Medina Quiroga recognized that the Iraqi invasion had impacted the implementation of the provisions of the Covenant in Kuwait. She said that there was consensus in the Committee that little information was provided by the delegation, except repeating what was already said in the report concerning the civil and political status in Kuwait.
The position of the Covenant in the Kuwaiti legal order was not clearly defined, Ms. Quiroga said; although it was said that the Covenant was part of the legal system, the hierarchy of the laws was not clear; possible conflict with other legislation such as Sharia was not indicated; and if the Covenant was of the law, then there should be a law regulating political parties.
Ms. Quiroga said that reservations entered by Kuwait underestimated the strength of the Covenant and invalidated Kuwait's international obligations under the Covenant. Although some of the reservations were designed to protect the status of Sharia, it was not necessary to do so. A good example was that the Emir introduced a law to parliament which would have permitted women to vote. That showed that the problem was not religious. She underlined that non-discrimination was more important than all human rights values. The declaration of reservations made by Kuwait was therefore not compatible with the principles of the Covenant. The human rights of women should be primordial. She regretted that the delegation did not make any commitment to change the situation.
Ms. Quiroga also said that the four-day police detention was too long. She asked if the authorities to whom detentions were referred to had the jurisdictional capacity to determine the length of pre-trial detention.
In conclusion, Ms. Quiroga asked how Bedoons were considered while they were working for the Government. It was a strange form of status, she said.
* *** *