Kuwait human rights report
Kuwait, Culture, 3/14/2001

A report by the US government on human rights describe the current various conditions in Kuwait. Here are some excerpts from the report.

Kuwait is a constitutional, hereditary amirate ruled by princes (Amirs), drawn from the Al-Sabah family.

The Al-Sabahs have governed the country in consultation with prominent commercial families and other community leaders for over 200 years.

The 1962 Constitution provides for an elected national assembly and details the powers of the Government and the rights of citizens, although it also permits the Amir to suspend any or all of its provisions by decree. Although the Amir suspended constitutional provisions from 1976-81 and from 1986-92, since the 1992 elections when the National Assembly resumed functioning, he has not taken this step.

only 14.5 percent of citizens (males over the age of 21) have the right to vote.

The Constitution and law provide for a degree of judicial independence; however, the Amir appoints all judges, and renewal of most judicial appointments is subject to government approval.


The Government generally respected the human rights of its citizens in many areas; however, its record was poor in some significant areas. Citizens cannot change the head of state. Although under the Constitution the National Assembly must approve the Amir's choice of Crown Prince (that is, the future Amir), this authority is limited; if the National Assembly rejects the Amir's nominee, the Amir then submits three names from which the assembly must choose the new Crown Prince.

The Crown Prince appoints the members of the Government.However, the elected National Assembly has demonstrated significant ability to influence or overturn decisions of the Government and has on occasion removed ministers through votes of no confidence or by forcing ministers to resign.

The Government bans formal political parties, and women do not have the right to vote or seek election to the National Assembly.

Some police and members of the security forces abuse detainees during interrogation.

The judiciary is subject to government influence, and a pattern of bias against foreign residents exists.

The Government infringes on citizens' privacy rights in some areas. Security forces occasionally monitor the activities of individuals and their communications.

Men must obtain government approval to marry foreign-born women.

The Government uses threats to induce informal censorship.

The Government restricts freedom of assembly and association.

Violence and discrimination against women are problems.

The Labor Law does not protect domestic servants regardless of citizenship, and their situation worsened during the year.

Unskilled foreign workers suffer from the lack of a minimum wage in the private sector, from failure to enforce the Labor Law, and at times physical abuse; some work under conditions that, in effect, constitute indentured servitude.

The Government acknowledges that a serious problem exists in the case of the "bidoon," Arabs who have residency ties to the country--some going back for generations, some for briefer periods--but who claim to have no documentation of their nationality. There are an estimated 110,000 bidoon in the country, down from a pre-Gulf War level of 220,000.

In June the National Assembly passed a law requiring that bidoon register with the Government to begin a process in which some could be documented as citizens. Those who failed to register would be considered illegal residents. However, only 8,000 bidoon registered by the cutoff date (in addition to the 36,000 who registered during a 1965 census). The Government maintains that many bidoon are concealing their true nationality. It reports that 12,000 were documented during the year as nationals of other states, primarily Syria and Saudi Arabia.

The country suffered under Iraqi occupation from August 1990 to February 1991.

the Government occasionally arrests and detains persons arbitrarily. There also were incidents of prolonged detention.
In general police officers must obtain an arrest warrant from state prosecutors or a judge before making an arrest, although in misdemeanor cases the arresting officer may issue them. Security forces occasionally detain persons at checkpoints in Kuwait City.

Under the Penal Code, a suspect may not be held for more than 4 days without charge. Security officers sometimes prevent families from visiting detainees during this confinement. After 4 days, prosecutors must either release the suspect or file charges. If charges are filed, prosecutors may remand a suspect to detention for an additional 21 days. Prosecutors also may obtain court orders for further detention pending trial.


During the 1999 election campaign, five parliamentary candidates were arrested and charged with slander against the Government. One of the candidates was sentenced to 6 months in prison; the sentence was not carried out and all charges were dropped.

The Government may expel noncitizens (including bidoon, i.e., stateless residents of Kuwait, some of whom are native born or long-term residents), if it considers them security risks.

The Constitution provides for the right to a fair trial and states that "judges shall not be subject to any authority;" however, the Amir appoints all judges, and the renewal of judicial appointments is subject to government approval. Judges who are citizens have lifetime appointments; however, the majority of judges are noncitizens. These noncitizen judges work under 1- to 3-year renewable contracts, which undermines their independence.

The law forbids marriage between Muslim women and non-Muslim men and requires men to obtain government approval to marry foreign-born women.

The Constitution provides for freedom of the press, printing, and publishing "in accordance with the conditions and manner specified by law," and, with a few exceptions, citizens are free to criticize the Government at public meetings and in the media.

Several laws empower the Government to impose restrictions on freedom of speech and the press. The effect of these laws diminished during the year as court cases overruled punitive sentences that accompanied earlier convictions.

The Government, through the Ministry of Information, practiced informal censorship by placing pressure on individual publishers and editors believed to have "crossed the line" in attacking government policies and discussing issues deemed offensive to Islam, tradition, or the interests of the State.

Newspapers are privately owned and free to publish on many social, economic, and political issues and frequently criticize government policies and officials, including the Crown Prince/Prime Minister.

The Government ended prepublication censorship in 1992. The Press Law prohibits the publication of any direct criticism of the Amir, official government communications with other states, and material that serves to "attack religions" or "incite people to commit crimes, creates hatred, or spreads dissension among the populace."

Al-Siyassa and Al-Watan were charged with publishing false information in an article about the Amir's decision regarding salaries for security services personnel, which embarrassed the Amir. The managing editor of Al-Siyassa was detained for 1 week, although never formally charged. The Cabinet ordered the cancellation of both newspapers' licenses and suspension of publication for 2 years. After significant public criticism, particularly from the National Assembly, the Government decided not to shut down the papers or penalize them further.

The Government owns and controls the radio and television companies. Satellite dishes are widely available, and citizens with such devices are free to watch all available programming.

the Ministry announced plans to censor the Internet, the methods of enforcement and technical issues are still to be worked out. Internet providers and web sites practiced self-censorship. The Ministry has censored political topics as well and does not grant licenses to magazines with a political focus.

Public gatherings must receive prior government approval, as must private gatherings of more than five persons that result in the issuance of a public statement.

Informal weekly, family-based, social gatherings of men, known as "diwaniyas" are protected by the Constitution. Practically every adult male, including the Amir, members of the Government, and members of the National Assembly hosts or attends diwaniyas, at which every possible topic is freely discussed. The diwaniya system contributes to the development of political consensus and official decisionmaking. Women are not precluded from holding diwaniyas; however, such diwaniyas are uncommon. By tradition women are barred from male diwanyas.

All nongovernmental organizations (NGO's) must obtain a license from the Ministry of Social Affairs and Labor. The Government uses its power to license as a means of political control.

Islam is the state religion; although the Constitution provides for freedom of religion, the Government places some limits on this right. The Constitution also provides that the State protect the freedom to practice religion in accordance with established customs, "provided that it does not conflict with public policy or morals." The Constitution states that Shariaa (Islamic law) is "a main source of legislation."

The procedures for registration and licensing of religious groups are unclear. The Ministry of Awqaf and Islamic Affairs has official responsibility for overseeing religious groups. Nevertheless in reality officially recognized churches must deal with a variety of government entities, including the Ministry of Social Affairs and Labor (for visas and residence permits for pastors and other staff) and the Kuwaiti Municipality (for building permits).

While there reportedly is no official government "list" of recognized churches, seven Christian churches have at least some sort of official recognition that enables them to operate openly. These seven churches have open "files" at the Ministry of Social Affairs and Labor, allowing them to bring in the pastors and staff necessary to run their churches. Further by tradition three of the country's churches are widely recognized as enjoying "full recognition" by the Government and are allowed to operate compounds officially designated as churches:

The procedures for the registration and licensing of religious groups also appear to be connected with government restrictions on NGO's, religious or otherwise.

Citizens have the right to travel freely within the country and to change their work place as desired. Unmarried women 21 years old and over are free to obtain a passport and travel abroad at any time. However, married women who apply for passports must obtain their husbands' signature on the application form. Once she has a passport, a married woman does not need her husband's permission to travel, but he may prevent her departure from the country by contacting the immigration authorities and placing a 24-hour travel ban on her.

Citizens are free to emigrate and to return.

Security forces in Kuwait City occasionally set up checkpoints where they may detain individuals. The checkpoints are mainly for immigration purposes and are used to apprehend undocumented aliens.


There is no legislation governing refugees, asylees, or first asylum, and no clear standard procedure for processing a person's claim to be a refugee.

Citizens cannot change the head of state

Women are disenfranchised and have little opportunity to influence government. A May 1999 Amiri decree gave women the right to vote, to seek election to the National Assembly beginning with the parliamentary election scheduled for 2003, and to hold cabinet office. In November 1999, the Parliament vetoed the Amir's May decree on constitutional grounds. Shortly thereafter members of the Assembly introduced identical legislation, but it also was defeated. No new legislation has been introduced by either the Government or by Assembly members. Women do hold some relatively senior nonpolitical positions within some ministries.


The Government continued its practice of preventing the establishment of new local human rights groups by not approving their requests for licenses.

The Government permits international human rights organizations to visit the country and to establish offices. Several organizations conduct fieldwork and report excellent communication with and reasonable cooperation from the Government.

Violence against women is a problem. According to some local experts, domestic abuse of women occurs in an estimated 15 percent of all marriages.

In April the Government arrested seven men for allegedly beating a 19-year-old woman for not wearing a "hijab" (head scarf). The Government acted quickly in bringing the seven men to trial, criticizing the assault as a vigilante action by extremists.

Some employers physically abuse foreign women working as domestic servants, and there are continuing reports of rape of these women by male employers and male coworkers.

The Government is committed to the welfare of children. Both boys and girls receive a free education, which extends through the university level, including advanced degrees. The Government provides free health care and a variety of other services to all children. Citizen parents also receive a monthly government allowance for each child.

There is no institutionalized discrimination against disabled persons in employment, education, or in the provision of state services.

Workers have the right to join unions. Nonetheless, the Government restricts the right of freedom of association by stipulating that there be only one union per occupational trade, and that unions may establish only one federation.

Workers have the right to organize and bargain collectively, subject to certain restrictions. These rights have been incorporated in the Labor Law and, according to all reports, have been respected in practice.

Some foreign workers are treated like indentured servants.

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