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18 July 2000
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Human Rights Committee
69th Session
18 July 2000
Afternoon
The Human Rights Committee this afternoon continued its consideration of an initial report presented by the Government of Kuwait on the fulfilment of its obligations under the International Covenant on Civil and Political Rights.
Over the course of their consideration of the Kuwaiti report, Committee experts queried the Kuwaiti delegation on a number of issues which included, among other things, the situation of Bedoons, polygamy, capital punishment, the status of women, independence of the judiciary, Islamic Sharia, and the place of the Covenant in domestic legislation.
The Kuwaiti delegation also responded to written questions focusing on pre-trial detention, mechanisms of complaints in prisons, the crime of conversion from Islam to any other religion, and the right to freedom of expression and opinion, among others.
As one of the 145 States parties to the Covenant, Kuwait is obligated to present periodical summaries of its efforts in putting the provisions of the treaty into effect.
When the Committee reconvenes at 10 a.m. on Wednesday, 19 July, it is expected to finalize its review of the initial report of Kuwait by offering its preliminary observations and recommendations.
Discussion
At the beginning of the afternoon meeting, Committee experts continued to ask questions. An expert said that Kuwaiti legislation did not indicate how the provisions of the Covenant were being implemented. In addition, the provisions of the Covenant had to be implemented throughout the territory without discrimination. However, only one-fifth of the population was protected by the laws and particularly by the Covenant, excluding women, Bedoons and foreigners.
Turning to the situation of Bedoons, who were considered to be nomads and stateless, the expert said the issue had not been dealt with in the report as appropriately as it was desired by the Committee's guidelines. The assertion by the delegation that there were no minorities in the country was unjustifiable. The country could best be assisted by the Committee if a frank discussion on the existence of minorities in Kuwait took place. In addition, foreigners who worked and lived in the territory were not there to receive welfare benefits from the Government as it was alluded to by the delegation, but they were contributing to the growth of the country. The expert asked if foreign workers had the right to join or to form trade unions in order to defend their interests.
Another expert asked about the legal status of the Covenant. What would happen if a judge encountered a situation in which he was to interpret the Convention and Sharia? How could the judge proceed to assure Kuwait's international obligations? With regard to freedoms in the Covenant and Islamic Sharia, the expert asked about the practical application of those rights without contradiction to each other. Sharia law contained all sorts of dogma and doctrines, however the question was how the provisions of the Covenant were implemented without taking into account their hierarchy.
The fact that polygamy was allowed by Islamic Sharia was an issue of discussion ; the social situation had changed from conditions a century ago, the expert said. Although polygamy was permitted by Sharia, conditions had been provided that the man should be able to treat his wives fairly and equally. In addition, the interpretation of the Sharia text should be given considerable thought.
There were discrepancies between domestic legislation and international instruments, another expert said. Why did the judge have to decide the place of the Covenant within domestic law? There was also a contradiction in the system which stated that the Monarch was the head of State and his powers were hereditary, while at the same time it affirmed that the sovereignty resided in the people, the source of all powers. Could the people change the Emir system if they wished to do so?
Why did Kuwait need an act of parliament to allow women to take part in elections instead of directly implementing the provisions of the Covenant, an expert asked. Did Bedoons have rights as people? Were they subjected to expulsion? Did they "deserve" Kuwaiti nationality? What was the situation of Bedoon children whose father did not serve the Government? Under what circumstances were citizens stripped of their citizenship?
Some experts said that they were worried by the categories of crimes which could be punished by capital punishment in Kuwait, among which were national security and drug-smuggling crimes. They said that those crimes were not properly defined and this might lead to injustice.
An expert asked whether citizenship was the only criteria for children to be admitted in schools.
In response to the questions raised this morning and in the afternoon by Committee experts, the Kuwaiti officials said that the Covenant was part of Kuwait's national legislation. However, other laws, including Islamic and Arab laws, were also implemented. They noted that Kuwait was not among those States that interpreted Islamic law in its strictest form.
Islamic Sharia was a principle source of legislation; the text formed a guide of Islamic approach, thus preventing the judge from applying other provisions from other sources, the delegation said. In accordance with the natural evolution of things, new criminal codes were given place within Islamic jurisprudence. Islamic jurisprudence was one of the texts taken into account in Kuwait.
Concerning the declaration of reservations on the article of the Covenant on elections, the delegation said that laws had been promoted to give equal treatment to women. Women represented half of the population. There had been four cases of complaints by women concerning their election rights addressed to the Constitutional Court which had been dismissed on the basis of non-fulfilment of formalities. The Government wished that the case be resolved through parliament instead of creating an unprecedented constitutional conflict. Kuwaiti women were in all sectors of Government positions, including diplomatic missions, university posts and they were even being considered to serve in the defence fields.
The regime was not rigid in matters of abortion, the delegation said. Abortion could be practised in cases of extreme need. During the Iraqi invasion, about 200 women were raped and became pregnant, a situation which raised a debate among Islamic scholars as to whether to practice abortion or not, but the choice was left to the women themselves.
Promising to provide the remaining responses to the oral queries by tomorrow, the delegation of Kuwait continued to give answers to the remaining written questions prepared by Committee experts in advance.
An individual could only be held in police detention for four days before an authorization for further detention was obtained from the competent judicial authority, the delegation said. During the detention, the individual had the right to a lawyer and access to medical treatment.
The head of prison had the right to investigate any complaint received from an inmate, the delegation said; the head should then submit his findings to the competent authorities. International organizations had access to visit prison institutions without prior notice and could have direct talks with prisoners. Consular missions whose nationals had been imprisoned could also have contacts with the prisoners.
With regard to the right to a fair trial, the delegation said that the judicial procedures were applied in accordance with the provisions of the Covenant. The judiciary was independent and no external interference could prevent court proceedings. All the rights pertaining to court proceedings were guaranteed. Any sentence of capital punishment should be approved by the Emir. A death sentence against a pregnant women could be commuted to a prison term.
Ninety-nine per cent of Kuwaitis were followers of Islam, and even if there were Christians they were part of one Kuwait, thus there were no religious or other sort of minorities, the officials said. Christians in Kuwait practised their religion in the six churches existing in the country. Islamic law prohibited the conversion of Muslims into other religions.
The right to expression of opinion, orally or in written form, was guaranteed by law, the delegation affirmed. The right to freedom of opinion could take the form of association, assembly or publication. It also included freedom of the press and dissemination of information through air, images or printing.
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69th Session
18 July 2000
Afternoon
The Human Rights Committee this afternoon continued its consideration of an initial report presented by the Government of Kuwait on the fulfilment of its obligations under the International Covenant on Civil and Political Rights.
Over the course of their consideration of the Kuwaiti report, Committee experts queried the Kuwaiti delegation on a number of issues which included, among other things, the situation of Bedoons, polygamy, capital punishment, the status of women, independence of the judiciary, Islamic Sharia, and the place of the Covenant in domestic legislation.
The Kuwaiti delegation also responded to written questions focusing on pre-trial detention, mechanisms of complaints in prisons, the crime of conversion from Islam to any other religion, and the right to freedom of expression and opinion, among others.
As one of the 145 States parties to the Covenant, Kuwait is obligated to present periodical summaries of its efforts in putting the provisions of the treaty into effect.
When the Committee reconvenes at 10 a.m. on Wednesday, 19 July, it is expected to finalize its review of the initial report of Kuwait by offering its preliminary observations and recommendations.
Discussion
At the beginning of the afternoon meeting, Committee experts continued to ask questions. An expert said that Kuwaiti legislation did not indicate how the provisions of the Covenant were being implemented. In addition, the provisions of the Covenant had to be implemented throughout the territory without discrimination. However, only one-fifth of the population was protected by the laws and particularly by the Covenant, excluding women, Bedoons and foreigners.
Turning to the situation of Bedoons, who were considered to be nomads and stateless, the expert said the issue had not been dealt with in the report as appropriately as it was desired by the Committee's guidelines. The assertion by the delegation that there were no minorities in the country was unjustifiable. The country could best be assisted by the Committee if a frank discussion on the existence of minorities in Kuwait took place. In addition, foreigners who worked and lived in the territory were not there to receive welfare benefits from the Government as it was alluded to by the delegation, but they were contributing to the growth of the country. The expert asked if foreign workers had the right to join or to form trade unions in order to defend their interests.
Another expert asked about the legal status of the Covenant. What would happen if a judge encountered a situation in which he was to interpret the Convention and Sharia? How could the judge proceed to assure Kuwait's international obligations? With regard to freedoms in the Covenant and Islamic Sharia, the expert asked about the practical application of those rights without contradiction to each other. Sharia law contained all sorts of dogma and doctrines, however the question was how the provisions of the Covenant were implemented without taking into account their hierarchy.
The fact that polygamy was allowed by Islamic Sharia was an issue of discussion ; the social situation had changed from conditions a century ago, the expert said. Although polygamy was permitted by Sharia, conditions had been provided that the man should be able to treat his wives fairly and equally. In addition, the interpretation of the Sharia text should be given considerable thought.
There were discrepancies between domestic legislation and international instruments, another expert said. Why did the judge have to decide the place of the Covenant within domestic law? There was also a contradiction in the system which stated that the Monarch was the head of State and his powers were hereditary, while at the same time it affirmed that the sovereignty resided in the people, the source of all powers. Could the people change the Emir system if they wished to do so?
Why did Kuwait need an act of parliament to allow women to take part in elections instead of directly implementing the provisions of the Covenant, an expert asked. Did Bedoons have rights as people? Were they subjected to expulsion? Did they "deserve" Kuwaiti nationality? What was the situation of Bedoon children whose father did not serve the Government? Under what circumstances were citizens stripped of their citizenship?
Some experts said that they were worried by the categories of crimes which could be punished by capital punishment in Kuwait, among which were national security and drug-smuggling crimes. They said that those crimes were not properly defined and this might lead to injustice.
An expert asked whether citizenship was the only criteria for children to be admitted in schools.
In response to the questions raised this morning and in the afternoon by Committee experts, the Kuwaiti officials said that the Covenant was part of Kuwait's national legislation. However, other laws, including Islamic and Arab laws, were also implemented. They noted that Kuwait was not among those States that interpreted Islamic law in its strictest form.
Islamic Sharia was a principle source of legislation; the text formed a guide of Islamic approach, thus preventing the judge from applying other provisions from other sources, the delegation said. In accordance with the natural evolution of things, new criminal codes were given place within Islamic jurisprudence. Islamic jurisprudence was one of the texts taken into account in Kuwait.
Concerning the declaration of reservations on the article of the Covenant on elections, the delegation said that laws had been promoted to give equal treatment to women. Women represented half of the population. There had been four cases of complaints by women concerning their election rights addressed to the Constitutional Court which had been dismissed on the basis of non-fulfilment of formalities. The Government wished that the case be resolved through parliament instead of creating an unprecedented constitutional conflict. Kuwaiti women were in all sectors of Government positions, including diplomatic missions, university posts and they were even being considered to serve in the defence fields.
The regime was not rigid in matters of abortion, the delegation said. Abortion could be practised in cases of extreme need. During the Iraqi invasion, about 200 women were raped and became pregnant, a situation which raised a debate among Islamic scholars as to whether to practice abortion or not, but the choice was left to the women themselves.
Promising to provide the remaining responses to the oral queries by tomorrow, the delegation of Kuwait continued to give answers to the remaining written questions prepared by Committee experts in advance.
An individual could only be held in police detention for four days before an authorization for further detention was obtained from the competent judicial authority, the delegation said. During the detention, the individual had the right to a lawyer and access to medical treatment.
The head of prison had the right to investigate any complaint received from an inmate, the delegation said; the head should then submit his findings to the competent authorities. International organizations had access to visit prison institutions without prior notice and could have direct talks with prisoners. Consular missions whose nationals had been imprisoned could also have contacts with the prisoners.
With regard to the right to a fair trial, the delegation said that the judicial procedures were applied in accordance with the provisions of the Covenant. The judiciary was independent and no external interference could prevent court proceedings. All the rights pertaining to court proceedings were guaranteed. Any sentence of capital punishment should be approved by the Emir. A death sentence against a pregnant women could be commuted to a prison term.
Ninety-nine per cent of Kuwaitis were followers of Islam, and even if there were Christians they were part of one Kuwait, thus there were no religious or other sort of minorities, the officials said. Christians in Kuwait practised their religion in the six churches existing in the country. Islamic law prohibited the conversion of Muslims into other religions.
The right to expression of opinion, orally or in written form, was guaranteed by law, the delegation affirmed. The right to freedom of opinion could take the form of association, assembly or publication. It also included freedom of the press and dissemination of information through air, images or printing.
* *** *