The Kuwaiti Society for Human Rights submitted a report to the Human Rights Committee on the adoption of the list of issues for the State of Kuwait during the 136th session, which is scheduled to be held from October 10 to coming November 4.
The report included the enforcement of the International Covenant on Civil and Political Rights within the framework of national legislation, as it indicated that the Kuwaiti judiciary relies in the majority of its rulings on local laws, excluding international covenants and agreements ratified by the State of Kuwait.
The report noted the lack of programs and training courses aimed at qualifying and raising the awareness of judges and members Public Prosecution on International Human Rights Law and the Implementation and Implementation of the International Covenant on Civil and Political Rights.
The report touched on the conditions of the Bidoon "illegal residents", as it indicated that the Kuwaiti government calls the Bidoon "illegal residents", considering that they are not stateless, but in violation of the residency law, and demands that they correct their legal status, thus not giving them any clear or specific opportunity to obtain Kuwaiti citizenship, recommending clarification of the mechanism followed in dealing with Bidoon "illegal residents", who are entitled to Kuwaiti nationality and who have a census of 1965, while it was suggested that the committee ask the government to clarify that the Central Agency for Resolving the Status of Illegal Residents does not renew security cards that they hold, except after they sign a statement that they belong to the nationality of other countries .
With regard to the status of women, the report stated that women suffer discrimination in a number of laws and regulations, such as the Penal Code through Article (153), the Nationality Law, the Residential Welfare Law, the Persons with Disabilities Law, the Civil Law, and the Personal Status Law. It was considered that there is a low participation of women in political and public life. And that women suffer from the societal intellectual system that detracts from their role and reduces their potential.
The report included incidents related to torture, and urged the Human Rights Committee to request the Kuwaiti government to provide information on cases of torture and the reason for its recent increase, and to indicate the mechanism used to receive complaints against security men at the Monitoring and Inspection Department at the Ministry of Interior, and to provide statistics on the number of cases reported to the Department, the number of investigations, prosecutions, and penalties imposed on perpetrators, as well as with regard to remedies and compensation.
On issues of administrative deportation, the report stated that the Ministry of Interior has wide authority in administrative deportation within the concept of (public interest) without specific controls, pointing out that some workers who are subject to administrative deportation and who are in the deportation center (Talha Prison) suffer from prolonged detention, especially Workers who are financially indebted, or who Kuwait does not have embassies for their countries to obtain travel documents.
With regard to human trafficking, the report indicated that the Kuwaiti government did not meet the minimum standards in combating human trafficking in light of the Public Authority for Manpower’s continued use of routine arbitration and administrative penalties to resolve grievances and complaints submitted to it by migrant workers instead of deeply investigating the applicability of the law’s standards (91) for the year 2013 regarding combating trafficking in persons and smuggling of migrants in such complaints and referring them to the competent authorities, and pointed out that the national referral system to prevent trafficking in persons is not activated to the level required by the permanent national committee concerned with the implementation of the national strategy to prevent human trafficking and migrant smuggling.
The report discussed the conditions of domestic workers, as it was stated that 89 percent of domestic workers do not obtain an annual paid leave from their employers, despite the fact that Law 68 of 2015 on domestic workers stipulated the eligibility of domestic workers to obtain it, and indicated that there is an increase in the number of complaints received by the Association from domestic workers and employers due to violations and violations of recruitment agencies and their non-compliance with laws and regulations, and the increase in the activity of illegal intermediaries, as well as because of the offices’ resort to employing female workers through the rental system to employers in return for a high monthly wage paid to the offices.
With regard to freedom of opinion and expression, the report stated that freedom of opinion and expression declined during the past years, as it noted that there was a wide space for interpretation of what could constitute a crime when expressing, and said: "The competent authorities are still using provisions in the cybercrime law to restrict freedom of opinion and expression."
Regarding freedom of peaceful assembly and association, the report stated that Bidoon "illegal residents", activists tried to organize peaceful gathering campaigns to demand their rights, but the authorities prevented them from doing so. For non-citizens to apply for registration of civil society associations, trade unions or federations. The report can be read in Arabic by clicking here, and it can be read in English by clicking here.