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Kuwait
The national police, the Criminal Investigation Department
(CID), and Kuwait State Security (KSS) are responsible for internal security
under the supervision of civilian authorities in the Ministry of Interior
(MOI). Civilian authorities generally maintained effective control of the
security forces; however, there were some instances in which elements of the
security forces acted independently of government authority. Some members of
the security forces committed a number of serious human rights abuses. The country has a small, relatively open, market-based
economy dominated by the oil industry and the government sector. Of a total
population of approximately 2.645 million, an estimated 1.7 million are
foreigners. Oil export revenues accounted for nearly half of the Gross
Domestic Product (GDP). The government sector accounted for 87.5 percent of
citizen employment while foreigners constituted more than 90 percent of the
private sector workforce. According to international estimates, real GDP grew
2.3 percent in 2003 to $36.3 billion. Wages in the public sector, which
employs 90 percent of citizens, did not increase with inflation. High citizen
population growth coupled with a large influx of foreign workers has caused
GDP per capita to decline in recent years. Domestic servants and unskilled
workers often lived and worked in poor conditions. The Government's human rights record remained poor, and
serious problems remained. Citizens do not have the right to change their
government. Some police and members of the security forces reportedly abused
detainees during interrogation. Overcrowding in the prisons continued to be a
significant problem. There were some reports of mistreatment of noncitizen prisoners. The judiciary was subject to
government influence. The Government infringed on citizens' privacy rights in
some areas. The Government placed some limits on freedom of speech and the
press. The Government restricted freedom of assembly and association. The
Government placed some limits on freedom of religion and freedom of movement.
Violence and discrimination against women, especially noncitizens,
continued to be a serious problem. Judicial authorities discriminated against
non-citizens, especially foreign laborers. The legal status of tens of
thousands of "bidoon" Arabs with
residence ties but no documentation of their nationality remained unresolved.
The Government restricted worker rights to organize and bargain collectively,
and form unions. Domestic servants remained marginalized and lacked a system
to protect their rights, monitor working conditions, and resolve labor
disputes. Unskilled foreign workers continued to suffer from the lack of a
minimum wage in the private sector, government failure to enforce some Labor
Law provisions effectively, and, at times, physical or sexual abuse at the
hands of their employers. Some worked under conditions that constituted
indentured servitude. Young boys, usually from RESPECT FOR HUMAN RIGHTS Section 1 Respect for the Integrity of the Person,
Including Freedom From: a. Arbitrary or Unlawful Deprivation of Life There were no reports of arbitrary or unlawful deprivation
of life committed by the Government or its agents. b. Disappearance There were no reports of politically motivated
disappearances. The fate of 572 Kuwaitis (including 29 bidoon)
and 33 other residents taken prisoner during c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment The Constitution prohibits such practices; however, some
police and members of the security forces reportedly abused detainees during
interrogation. Reported mistreatment included torture and other physical
abuse. Police and security forces were more likely to inflict such abuse on noncitizens, particularly non-Gulf Arabs and Asians, than
on citizens. The Government stated that it investigated all allegations of
abuse and punished at least some of the offenders; however, in most cases,
the Government did not make public either the findings of its investigations
or punishments it imposed. In August, 14 Jihadi Islamists,
detained on charges of recruiting youths to conduct attacks against coalition
forces in Iraq, threatened to begin a hunger strike over claims that they had
been coerced physically and verbally into making confessions. An Interior
Ministry statement said that security officials "convinced [the
detainees] such a step was not needed." In August, three policemen were arrested for allegedly
raping a runaway Asian maid at a police station and at another location. The
maid's country's Embassy reported the incident to the police, and an
investigation was ongoing at year's end. In September, four freed Jihadists
claimed to have confessed to crimes after being tortured by security
officials. They were reportedly held in isolation and went on a hunger strike
for 3 days. They further claimed that they ended their strike upon further
threats of abuse. Government officials claimed that no reports of abuse
relating to this case were filed by lawyers representing Jihadi
suspects and stated that all inmates received fair and equal treatment. The
Justice Minister publicly supported investigations into the allegations of
abuse against Jihadi suspects. In November 2003, three policemen reportedly raped a
Filipina domestic servant while she was in police custody at a district
police station. The Philippine Embassy filed a criminal case against the
officers in December 2003 on behalf of the domestic servant, which was
settled out of court this year. In 2002, there were several allegations of police officials
and security personnel abusing detainees while in police custody; however,
there were no new developments in these cases during the year. Defendants have the right to present evidence in court that
they were mistreated during interrogation; however, the courts frequently
dismissed abuse complaints because defendants were unable to provide physical
evidence of abuse. Members of the security forces routinely did not reveal
their identities during interrogation, complicating confirmation of abuse. Prison conditions, generally met international standards,
and the Government permitted visits by independent human rights observers. A
new men’s prison opened during the year, and prisoner transfers took place
reducing previously severe overcrowding conditions. The new facility houses
approximately 800 prisoners and meets all international standards for
prisons. In recent years, credible reports from former inmates and
the National Assembly's Human Rights Defense Committee (HRDC) cited severe
overcrowding (13-15 inmates per cell), lack of beds, poor sanitation, lack of
clean toilet and washing facilities, poor ventilation, and inadequate
containment of infectious diseases as common problems. The Government allowed
the International Committee of the Red Cross (ICRC) access to all prisons and
detention facilities (see Section 4). There were some reports of mistreatment of non-citizen
prisoners at the Central Prison. In recent years, it has been reported that
some deportees at the deportation facility in Shuwaikh
were incarcerated for 6 months or longer pending deportation. Deportees
reportedly often wait months for their former employers to cancel their
residency and work permits or to provide their travel documents. The Government held men and women in separate detention
facilities. There were reports that prison conditions for non-citizens,
including women, were less favorable than conditions for citizens. The
Government held pretrial detainees separately from convicted prisoners.
Juveniles were incarcerated separately from adults in a Juveniles Prison. Inmates undergo a routine medical exam before they are
incarcerated with other prisoners; however, a report by the HRDC in 2003
cited tuberculosis infection among inmates and staff as a major problem.
During the year, four inmates were reportedly suffering from HIV/AIDS. Drug-related offenders comprised a slight majority of the
inmate population. The Government provided educational and rehabilitation
programs for inmates, psychological counseling, and specialized courses for
inmates suffering from drug and alcohol addiction. An Islamic educational
facility under the supervision of the Ministry of Awqaf
and Islamic Affairs with a capacity to accommodate 600 inmates and 3 other
specialized learning facilities provided religious, computer, carpentry, and
other practical skills training to inmates. Local human rights monitors were allowed to visit prisons.
The HRDC closely monitored prison conditions throughout the year, the ICRC,
which maintains an office in the country, visited some detainees during the
year. d. Arbitrary Arrest or Detention The Constitution prohibits arbitrary arrest and detention,
and the Government generally observed these prohibitions. In general, police
officers must obtain an arrest warrant from state prosecutors or a judge
before making an arrest (see Section 1.f.), although
in misdemeanor cases the arresting officer may issue them. There were some
credible reports of police arresting and detaining foreigners without a
warrant, based on accusation by a third party. There were no reported deaths
in detention from beatings or severe mistreatment. According to the penal code, those suspected of serious
crimes may be held for up to 4 days without charge, during which security
officers may prevent lawyers and family members from visiting them. In such
cases, lawyers are permitted to attend legal proceedings, but are not allowed
to have direct contact with their clients. 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. The police constitute a single national force under the
purview of civilian authorities of the Ministry of Interior. During the year, there were credible reports of police
corruption and abuse of detainees during interrogation (see Section 1.c.).
The Government relieved several security officials of their duties during
2003 as a result of credible allegations of abuse of detainees during
interrogation. There were no reported Government efforts during the year to
reform the police or security forces. On October 18, the Criminal Court began trial of 12
citizens charged with involvement in the October 2002 attack that led to the
death of a foreign marine on Of the approximately 3,700 persons serving sentences or
being detained pending trial, approximately half were being held on security
grounds, including some held for collaborating with e. Denial of Fair Public Trial The Constitution provides for an independent judiciary and
the right to a fair trial and states that "judges shall not be subject
to any authority"; however, the Emir 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
were non-citizens. Non-citizen judges hold 1- to 3-year renewable contracts,
which undermine their independence. The Ministry of Justice may remove judges
for cause, but rarely does so. Foreign residents involved in legal disputes
with citizens frequently claimed that the courts showed bias in favor of
citizens. The secular court system tries both civil and criminal
cases. The Court of Cassation ("Supreme Court") is the highest
level of judicial appeal. There is also a specialized constitutional court,
though its members are all senior judges from the civil judiciary. It has the
authority to issue binding rulings concerning the constitutionality of laws
and regulations. The court also rules in election disputes. Sunni and Shi'a Muslims have
recourse to their own independent courts for family law cases. Secular courts
barred no groups from testifying and considered male and female testimonies
equally; however, in the family courts, the testimony of a man was equal to
the testimony of two women. By law, criminal trials are public unless a court
or the Government decides that "maintenance of public order" or
"preservation of public morals" necessitates a closed trial. There
is no trial by jury. Defendants have the right to confront their accusers and
appeal verdicts. The Emir has the constitutional power to pardon or commute
all sentences. Defendants in felony cases are required by law to be
represented in court by legal counsel, which the courts provide in criminal
cases. The Bar Association is obligated upon court request to appoint an
attorney without charge for indigent defendants in civil, commercial, and
criminal cases. Virtually all indigent criminal defendants asked for and
received free counsel; however, in practice very few indigent civil and
commercial plaintiffs requested this service. Both defendants and prosecutors may appeal court verdicts
to the High Court of Appeals, which may rule on whether the law was applied
properly as well as on the guilt or innocence of the defendant. Decisions of
the High Court of Appeals may be presented to the Court of Cassation, which
conducts a limited, formal review of cases to determine only whether the law
was applied properly. There were no reports of political prisoners during the year.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence The Constitution provides for individual privacy and the
sanctity of the home, and the Government generally respected these rights in
practice. The law generally requires police to obtain a warrant to search
both public and private property; however, it permits searches without
warrant if alcohol or narcotics are suspected on the premises or if police
are in pursuit of a suspect fleeing the scene of a crime. A warrant may be
obtained from the State Prosecutor or, in the case of searches of private
property, from a judge (see Section 1.d.). The security forces occasionally
monitored the activities of persons and their communications. The law forbids marriage between Muslim women and
non-Muslim men and requires male citizens serving in the military to obtain
government approval to marry foreign nationals. In practice, the Government
only offers its advice (see Section 2.c.). Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and Press The Constitution (Articles 36 and 37) provides for freedom
of speech and the press "in accordance with the conditions and in the
circumstances defined by law"; however, the Government imposed some
restrictions on these rights in practice. Journalists continued to practice
self-censorship. The Press Law prohibits the publication of any direct
criticism of the Emir, official government communications with other states,
and material that serves to "attack religions" or "incite
people to commit crimes, create hatred, or spread dissension among the
public." For violation of the law, Article 28 provides a maximum
imprisonment of 6 months, raised to 1 year if repeated. Administrative
punishments are also possible like confiscation, closure, and withdrawal of
licenses without a court ruling. The criminal law also contains an array of
charges which can be brought to bear, such as offense to religious
sensibilities, public morality, and destroying the "basic convictions of
the nation." In May 2003, the Government presented a new draft press law
that would severely restrict press freedom by giving the Government power to
close printing presses, veto advertisements, suspend publication of
newspapers, and subject articles to pre-publication censorship (a practice
the Government banned in 1992). Local newspapers sharply criticized the
proposed law. The law was reintroduced this year, but the National Assembly
had not voted on it at years end. In October, a new satellite television channel, Al-Rai, was launched. The private satellite channel,
affiliated with its sister company Al-Rai Al-Aam newspaper, will expand television broadcasting in the
country by introducing the first private news channel in the country. The Government, through the Ministry of Information,
threatened to impose penalties against individual publishers and editors
believed to have criticized government policies or discussed subjects deemed
offensive to Islam, tradition, or the State. In June 2003, the Government filed charges against the
publisher and editor in chief of a prominent newspaper for "challenging
the authority of the Emir" after the editor stated publicly that unnamed
members of the ruling family were interfering in the parliamentary election
campaign (see Section 3). The case had not gone to court by year's end. In
December 2003, police arrested, detained, and interrogated a citizen for
producing and distributing an audiotape allegedly defaming the Prophet
Mohammed's companions and was sentenced without being present at the trial to
10 years in jail in May. The country has five Arabic and two English language daily
newspapers. All newspapers are independent and privately owned. The Government ended prepublication censorship in 1992.
However, the Government still uses this form of censorship when it chooses,
and journalists continued to practice self-censorship. In September, 25 advertisement magazines were suspended due
to violation of article 35 of the Press and Publication Law. The law gives
the Cabinet the right to suspend newspapers for a period not to exceed 2
years or to revoke its license if it is proved that it serves the interests
of a foreign state or organization or if what it publishes contradicts the
national interest. Further, according to article 25, the Information Minister
can subject periodical publications to pre-publishing censorship. Violators
can be penalized with imprisonment of 1 to 3 years and fined between $10,200
and $17,000 (3,000 to 5,000 KD). In 2002, the Government closed down the offices of and
expelled the Arab satellite network Al-Jazeera on
allegations of defaming the Government. Publishers must obtain an operating license from the
Ministry of Information to begin publishing a newspaper. There is no appeal
to the courts if the license is not granted. Publishers may lose their
license if their publications do not appear for 6 months, which prevents
publishers from publishing sporadically. Individuals also must obtain
permission from the Ministry of Information before publishing any printed
material, including brochures and wall posters. There were no specific reports of security forces
subjecting journalists to violence or harassment during the year. In December
2003, security officials arrested a police officer for reportedly verbally
and physically assaulting a journalist. In 2002, police confiscated film
belonging to a press photographer covering a public disturbance. Police
officials did not provide any explanations regarding the action taken toward
the photographer. Fawwaz Muhammad Al-Awadi Bessisso
and Ibtisam Berto Sulaiman Al-Dakhil, two
journalists, were sentenced to life in prison in 1991 because of their work
with a newspaper that published under Iraqi occupation. The Government, which
found the two guilty of cooperating with the authorities of the Iraqi
occupation, deported one of the journalists to France in 2003 while the other
reportedly departed the country. The law requires jail terms for journalists who defame
religion (see Section 2.c.). The law provides that any Muslim citizen may
file criminal charges against an author if the citizen believes that the
author has defamed Islam, the ruling family, or public morals. Often,
citizens filed such charges for political reasons. The Government owns and controls local radio and five
television channels. Satellite dishes were widely available and operate
without restriction. However, the Ministry of Information censored all books,
films, videotapes, periodicals, and other imported publications deemed
morally offensive. The Ministry of Information censored media for political
content and did not grant licenses to political magazines. The Ministry of
Information controlled the publication and distribution of all informational
materials. According to the latest statistics, there were an estimated
500,000 Internet users. The Government threatened to shut down private
Internet cafes for noncompliance with new restrictive regulations in 2002,
which required Internet service providers to block some political sites and
those deemed immoral. Following the 2002 raid of 19 Internet cafes, the
Ministry of Communications required cafe owners to obtain the names and civil
identification numbers of customers and to submit the information to the
Ministry upon request. The law provides for a $162,500 (50,000 dinar) bond. The Constitution provides for freedom of opinion and of
research; however, academic freedom is limited by self-censorship, and
academics were legally prohibited from criticism of the Emir or Islam. b. Freedom of Peaceful Assembly and Association The Constitution provides for freedom of assembly; however,
the Government restricted this right in practice. Public gatherings require
government approval. The Constitution protects informal weekly social and
political gatherings of men (diwaniyas). Most adult
male citizens, including the Emir, members of the Government, and members of
the National Assembly hosted or attended diwaniyas
to discuss current events. The diwaniya system
provided an important forum for public debate on political, social, and
economic issues. Women were not precluded from holding diwaniyas
of their own; however, such diwaniyas were
uncommon. Traditionally, women do not attend male diwaniyas,
although a few diwaniyas are open to both sexes. There were a few public demonstrations during the year.
Demonstrators were orderly and the police did not interfere in most cases. In
May, Islamic activists rallied to protest the sponsoring of a pop music
concert for ' The Constitution provides for freedom of association;
however, the Government restricted this right in practice. The law prohibits
associations from engaging in political activities. The Government banned
political parties; however, several unofficial blocs existed and were active
in the National Assembly. In 2003, candidates were allowed to run for
elections only as individuals and not with a party (see Section 3); however,
in many cases, a candidate's party affiliation was well known and may have
influenced electoral performance. The Government used its power to license as a means of
political control. There are 54 licensed, official nongovernmental
organizations (NGOs) in the country, including professional groups, a bar
association, and scientific bodies. The Ministry licensed only one NGO during
the year--the Kuwait Human Rights Society, an NGO with approximately 500
members, which waited 12 years before being approved for a license. There
were 91 NGOs pending licensing by the Ministry; many have been waiting years
for approval. Licensed NGOs received government subsidies for their
operating expenses, including travel and per diem expenses for participating
in international conferences. The ministry has rejected license requests on
the grounds that established NGOs already provide services similar to those
proposed by the petitioners. Members of licensed NGOs must obtain permission
from the ministry in order to attend international conferences (see Sections
2.d. and 4). There are hundreds of unlicensed civic groups, clubs, and
unofficial NGOs in the country. These unofficial associations do not receive
government subsidies and have no legal status. The Government reportedly did not shut any unlicensed NGOs
or unregistered branches of Islamic charities during the year. Unlike in previous
years, the Government did not remove any unlicensed street-side charity boxes
during the year. c. Freedom of Religion The Constitution provides for freedom of religion; however,
the Government placed some limits on this right in practice. 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 Islam is the state
religion and that Shari'a (Islamic Law) is "a
main source of legislation." The Ministry of Awqaf and Islamic
Affairs has official responsibility for overseeing religious groups.
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 Municipality (for
building permits). While there reportedly was no official government
"list" of recognized churches, seven Christian churches have at
least some type of official recognition that enables them to operate openly.
These seven churches (Roman Catholic, Anglican, National Evangelical, Greek
Orthodox, Armenian Orthodox, Coptic Orthodox, Greek
Catholic) have open "files" at the Ministry of Social Affairs and
Labor, allowing them to bring in staff. In October 2003, the Government
closed the By tradition, three churches benefit from full government
recognition and are allowed to operate compounds officially designated as
churches. These are the Catholic Church (which includes two separate
churches, the Latin Catholic and the Maronite), the
Anglican Church, and the There were reports in previous years of at least two groups
that applied for permission to build their own churches; however, the
Government has yet to respond to their requests. The Government continued to discriminate against the Shi'a minority. There are approximately 300,000 Shi'a citizens (one third of Kuwaiti citizens) and
approximately 100,000 Shi'a non-citizen residents. Shi'a remained disadvantaged in the provision of mosques,
access to Shi'a religious education, and
representation in upper levels of Government. There are approximately 30 to
40 Shi'a mosques and approximately 1,200 Sunni
mosques. There is no independent Shi'a seminary. Shi'a must travel to Shi'a were free to worship without government interference, and
the overall situation for Shi'a improved somewhat
during the period covered by this report. Since 2000, the Government has
granted licenses for and has approved the construction four new Shi'a mosques. All four mosques were still reportedly
under construction. Shi'a leaders have
complained that Shi'a who aspire
to serve as imams are forced to seek appropriate training and education
abroad due to the lack of Shi'a jurisprudence
courses at The country's Shi'a population
has been allowed more public celebrations of their religious traditions.
During the year, Shi'a were permitted for the first
time to publicly reenact the Battle of Karbala, and
Shi'a clerics were granted television airtime
during the Ashoura day celebration. Members of religions not sanctioned in the Koran, such as
Sikhs, Hindus, Baha'is and Buddhists, are not
permitted to build official places of worship as these religions lack legal
status. However, they are allowed to worship privately in their homes without
government interference. While some discrimination based on religion reportedly
occurred on a personal level, most observers agreed that it was not
widespread. There was a perception among some domestic employees and other
members of the unskilled labor force, particularly Asian nationals, that they
would receive better treatment from employers as well as society as a whole
if they converted to Islam. There were no reports of anti-Semitic activity on behalf of
the Government. Examples of unofficial anti-Semitic commentary from the media
and from some mosque preachers did surface. The Government has taken no
action to enact laws relating to the protection of the rights to religious
freedom of Jews, although there is no significant Jewish community present.
There have been instances of anti-Semitic rhetoric in government-sponsored
education curricula, specifically in reference to the Arab-Israeli conflict. The Government prohibits proselytizing to Muslims; however,
the Government permits Christian churches to serve non-Muslim congregations.
The law prohibits organized religious education other than Islam; however,
the Government did not enforce this law rigidly, and such education took
place. Although informal religious instruction occurred inside private homes
and on church compounds without government interference, there were credible
reports that government inspectors periodically visited public and private
schools outside church compounds to ensure that no religious teaching other
than Islam took place. There were also credible reports that government
inspectors periodically observed church worship services to monitor the
content of information for possible anti-Government or proselytizing
rhetoric. The Islamic Presentation Committee (IPC), under the
authority of the Ministry of Awqaf and Islamic
Affairs, actively encouraged proselytizing to non-Muslims. The law prohibits the naturalization of non-Muslims;
however, citizens who were Christians before 1980 (and children born to
families of such citizens since that date) were allowed to transmit their
citizenship to their children. By law, a non-Muslim man must convert to Islam when he
marries a Muslim woman if the marriage is to be legal in the country. The law
forbids marriage between Muslim women and non-Muslim men (see Section 1.f.).
By law, a non-Muslim woman does not have to convert to Islam to marry a
Muslim man, but it is to her advantage to do so. In practice, many non-Muslim
women faced tremendous economic and societal pressure to convert. Failure to
convert may mean that, should the couple later
divorce, the Muslim father would be granted custody of children, even those
who most likely would have been left in the mother's custody if she were
Muslim. Failure to convert may also mean that as a non-Muslim woman, she
would not be eligible to inherit her husband's property. A few Muslim converts to Christianity reported harassment
and discrimination by police and employers, including termination of
employment, repeated summonses to police stations for questioning, verbal
abuse, police monitoring of their activities, and imposition of fines without
due process. For a more detailed discussion, see the 2004 International
Religious Freedom Report. d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation The Constitution does not provide for the rights of freedom
of movement within the country, freedom of foreign travel, or freedom to
emigrate. The Government placed some limits on freedom of movement in
practice. Citizens have the right to travel freely within the country and to
change their workplace as desired. Unmarried women must be 21 years of age or
older to obtain a passport and travel abroad without permission of a male
relative. Married women must obtain their husbands' permission to apply for a
passport. A married woman with a passport does not need her husband's
permission to travel, but he may prevent her departure from the country by
placing a 24-hour travel ban on her through immigration authorities. After
this 24-hour period, a court order is required if the husband still wishes to
prevent his wife from leaving the country. In practice, however, many travel
bans were issued without court order, effectively preventing citizens (and
foreigners) from departing. All minor children under 21 years of age require their
father's permission to travel outside the country. There were reports of
citizen fathers and husbands confiscating their children's and wives' travel
documents to prevent them from departing. The Constitution prohibits the deportation or forced exile
of citizens, and there were no reports of such practices during the year. The
penal code stipulates that noncitizens convicted of
felonies must be deported after finishing their jail terms, and in certain
circumstances, citizens may have their citizenship revoked. This provision
includes citizens sentenced for felonies during the first 10 years of
attaining citizenship, citizens discharged from a public job for "acts
against integrity" during the first 10 years of attaining citizenship,
and citizens who take up residence in a foreign country and join an authority
that is designed to undermine the country. Citizens were largely free to emigrate and to return.
Security forces occasionally set up checkpoints to detain individuals for
immigration purposes and to apprehend undocumented aliens. The law permits the Government to place a travel ban on any
citizen or foreigner who has a legal case pending before the courts. The law
also permits any citizen to petition authorities to place a travel ban
against any other person suspected of violating local law. In practice, this
has resulted in many citizens and foreigners being prevented from departing
the country without investigation or a legal case being brought before a
local court. This practice has become less prevalent in recent years, but it
still persists. Although illegal, many citizen employers routinely confiscate
the passports of foreign employees, which forces
them to remain in the country against their will. There does not appear to be
any concerted government effort to prevent employers from engaging in this
practice. Members of licensed NGOs must obtain government approval to
attend international conferences as official NGO representatives (see
Sections 2.b. and 4). The Government severely restricted the ability of its bidoon population to travel abroad (see Section 5).
However, the Government permitted some bidoon to
travel to The Government permitted the ICRC to verify if deportees
objected to returning to their countries of origin; it detained those with
objections until they either changed their minds or made alternative
arrangements to travel to another country. The law does not provide for the granting of asylum or
refugee status in accordance with the 1951 U.N. Convention Relating to the
Status of Refugees or its 1967 Protocol, and the Government has not
established a system for providing protection to refugees. In practice, the
Government provided protection against refoulement,
the return of persons to a country where they feared persecution. The
Government did not grant refugee status or asylum. The Constitution prohibits
the extradition of political refugees. The Government stated that it did not
deport persons who claimed to fear persecution in their home countries;
however, it often kept such persons in detention rather than grant them
permission to live and work in the country. The Government cooperated with
the office of the U.N. High Commissioner for Refugees (UNHCR) and other
humanitarian organizations in assisting refugees and asylum seekers. Section 3 Respect for Political Rights: The Right of
Citizens to Change Their Government Citizens do not have the right to change their government.
The Constitution provides that the elected National Assembly has a limited
role in approving the Emir's choice of Crown Prince (the future Emir). If the
Assembly rejects the Emir's nominee, the Emir then submits three names from
which the Assembly must choose the new Crown Prince. The only citizens who
have the right to vote and seek election to the National Assembly are males
age 21 and over, who have been citizens for at least 20 years, and are not
members of the armed forces, police, or other uniformed personnel of the
Ministry of Interior. Under the Constitution, the Emir holds executive power and
shares legislative power with an elected National Assembly. The Emir appoints
the prime minister, who presides over a 16-member Cabinet (Council of
Ministers), who he chooses in consultation with the Emir. In accordance with
the practice of the ruling family (but not specifically the Constitution),
the prime minister always has been the Crown Prince; however, in an
unprecedented development in July 2003, the Emir named one of his brothers,
who was then serving as Foreign Minister, as Prime Minister who promptly
formed a new Cabinet. The Constitution empowers the Emir to suspend its
provisions and to rule by decree. The Constitution provides that cabinet
members sit in the National Assembly and vote on legislation. At least one
member of the Cabinet must be an elected member of the National Assembly. There are 50 elected National Assembly members and 15
cabinet members appointed by the Emir who sit as ex-officio members. Members
of Parliament (MPs) serve 4-year terms, and the most recent National Assembly
elections were held in July 2003. The Government banned political parties;
however, several well-organized and unofficial blocs, acting much like
political parties, existed and were active in the National Assembly. Because
of the ban on political parties, National Assembly candidates must nominate
themselves as individuals and may run for election in any of the country's 25
constituencies. The top two finishers in each constituency are elected in
single-round balloting. The Constitution provides that the National Assembly can
overturn the Emir's decrees, but only those made when the National Assembly
is not in session. The National Assembly exercised this authority in previous
years in some cases; however, the National Assembly did not amend any of the
Emir's proposals during the year. Members regularly require ministers to appear before the
full National Assembly for formal inquiries, known as "grillings," when MPs are dissatisfied with their or
the ministry’s performance. On occasion, pressure exerted by the National
Assembly, including through votes of no confidence, has led to the
resignation or removal of ministers. The July 2003 National Assembly elections were generally
free and fair, although there were some credible reports of government and
opposition vote buying, illegal and unevenly held tribal primaries
(by-elections), ballot box tampering in some constituencies, and lax
enforcement of some election laws. Recounts were ordered and undertaken in 2
of the 25 electoral districts due to allegations of vote fraud. During 2003,
candidates from several constituencies filed court petitions challenging the
July 2003 National Assembly election results on allegations of ballot box tampering.
In December 2003, the Women continued to be denied the right to vote and to run
for office; they had little opportunity to influence the Government. There
were no women in the National Assembly and no women in the Cabinet. Women
held some relatively senior nonpolitical positions within some ministries. The new prime minister appointed one minority Shi'a member to the 16-member Cabinet as the Minister of
Information. Of 50 elected National Assembly members, 5 were Shi'a. Several tribes conducted illegal primaries (by-elections)
to select candidates for participation in the National Assembly elections
held in July 2003. Such primaries are limited to tribe members and thus do
not include all eligible voters in a given electoral constituency. Some Shi'a claimed that if they had held such primaries as
other groups did (in violation of election laws),
they would have gained more seats in the National Assembly. In December 2003,
the National Assembly's Legislative and Legal Affairs Committee approved
requests from the Public Prosecutor to lift the parliamentary immunity of
four parliamentarians suspected of participation in illegal tribal primaries
held before the July elections. Allegations of corruption on the national level arose
during the year. In December, the Deputy Prime Minister faced various charges
of corruption including mismanagement and negligence resulting in the loss of
$260 million (77 million KD) to the Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights The Government permitted the existence of NGOs; however, it
continued to deny licenses to some NGOs. The only local human rights NGO is the Kuwait Human Rights Society (KHRS),
which was licensed during the year as an officially recognized NGO. The KHRS
produces an annual report on human rights in the country, publishes a
quarterly magazine, and meets some senior government officials occasionally.
It reportedly paid for the legal fees and the return travel of an abused
Indian maid in 2002, who had been severely beaten by
her employer in a high-profile domestic abuse case. The Government permitted international human rights
organizations to visit the country and to establish offices. Several
organizations conducted fieldwork and reported good communication with and
reasonable cooperation from the Government. The Government has cooperated fully in the work of the U.N.
Special Rapporteurs for The Government has not yet submitted the remaining two of
eight conventions from the International Labor Organization's (ILO)
Declaration of Basic Rights at Work to the National Assembly for ratification
(see Section 6). The National Assembly has an active Human Rights Defense
Committee, which took testimony in 2003 from individuals regarding abuses,
investigated conditions in prisons and nursing homes, and made nonbinding
recommendations for redress. Despite its designation as an advisory body, the
HRDC has shown that, in practice, it is able to mobilize government agencies
to address significant human rights problems. During the year, the children of stateless bidoon were granted free education in the school system,
through the Ministry of Education. This followed efforts in 2003 by the HRDC,
which focused particular attention on the issue of access to public education
for bidoon children. HRDC members questioned the
Minister of Education before the National Assembly on the issue. The
committee also issued a report critical of Central Prison conditions during
the year. It did not issue a human rights report during the year. Section 5 Discrimination, Societal Abuses, and Trafficking
in Persons The Constitution prohibits discrimination based on race,
national origin, language, and religion; however, in practice, the Government
did not uniformly or consistently enforce laws against discrimination. Many
laws and regulations discriminated against women and non-citizens. There were
no specific reports of any official or societal discrimination against
persons with HIV/AIDS; however, the Government tightly controlled HIV
testing, and foreign workers who have HIV/AIDS were often deported. Women Violence against women continued to be a serious and
overlooked problem. Certain provisions of the penal code reduce or eliminate
penalties for violent crimes committed by men against women. Each of the
country's 54 police stations reportedly received weekly complaints of spousal
abuse, approximately 60 percent of which involved spousal abuse of
non-citizen women. The police and the courts generally sought to resolve
family disputes informally, but they referred a few serious cases to the
Ministry of Health. The courts have found husbands guilty of spousal abuse;
however, most domestic abuse cases are not brought to court, and abusive
husbands, if convicted, rarely face severe penalties. Typically, husbands
accused of domestic abuse must pay a nominal fine and sign a pledge of good
conduct. Police officials typically regard domestic violence as a private
family affair and are reluctant to bring such cases to the attention of
higher investigative authorities. In February, police arrested a man for
allegedly killing his wife in their home during a domestic dispute. There are no shelters or hotlines for victims of domestic
violence. Many non-citizen women married to citizen men reported domestic
abuse and inaction or discrimination by police during the year. By law, a
victim of domestic violence may file a complaint with the police and request
that formal charges be brought against the abuser. In practice, however, even
with documented evidence of the abuse (such as hospital reports, eyewitness
accounts, and social worker testimony), police officials rarely take into
custody perpetrators of domestic violence. An abused woman may petition for
divorce based on injury, but the law provides no clear legal standard as to
what constitutes injury, and a woman must provide at least two male witnesses
(or a male witness and two female witnesses) to attest to the injury
committed. There were some reports of individuals bribing police officials to
ignore charges of domestic abuse. The law prohibits rape and provides that
citizens found guilty of crimes that violate moral integrity, such as rape or
incest, are forbidden from holding public jobs. In October, a Kuwaiti man was arrested for assaulting his
wife. He was still beating his wife when police intervened. Rape and sexual assault remained serious problems, particularly
for domestic servants and other foreign workers. Local newspapers highlighted
dozens of rape and sexual assault incidents during the year, mostly involving
female expatriates. The police occasionally arrested rapists, and several were
tried and convicted during the year; however, laws against rape were not
always enforced effectively. In October, police arrested five men, three
Kuwaitis and two citizens of the In December 2003, four Defense Ministry cadets were
arrested for raping a female citizen of minor age. In December 2003, a
citizen teacher reportedly raped an 11-year-old male pupil in a school
bathroom. In November 2003, the Public Prosecutor interrogated several police
officers accused of raping a Filipina housemaid in a police station. The
suspects were detained at year's end pending investigation. In January 2003, the Court of Appeals upheld a Criminal
Court verdict sentencing a Bangladeshi man to death for kidnapping, raping,
detaining, and forcing two foreign women into prostitution in Mangaf district. Also in January 2003, the court upheld a
15-year prison sentence handed down to a police officer who kidnapped and
raped a woman. In previous years, the Government imposed severe penalties,
including the death sentence, for particularly egregious rape cases. In
April, two Saudis and one Kuwaiti were sentenced to death for raping and
killing a girl. In February, an Asian maid accused six citizens, four men
and two women, of assaulting her because of her refusal to withdraw a rape
case she filed against her sponsor’s son. In July, the Court of Appeals refrained from passing a
sentence against a man, but ordered him to sign a pledge of good conduct for
a year for raping his housemaid. In June, the Criminal Court found him guilty
but did not sentence him because of "family circumstances" and also
because he had no past criminal record. In October, an Asian maid committed suicide by hanging
herself with a rope inside her sponsor’s house. In August, an Indonesian maid
jumped to her death from the balcony of her sponsor’s apartment. Another
Asian maid, in August, jumped from the second floor of her sponsor’s villa
and was taken to a local hospital. Human rights activists have characterized sexual harassment
against women in the workplace as a pervasive but unreported problem. In
October 10 adolescent males in the fifth grade were expelled from school for
allegedly sexually harassing their female teacher. Foreign-born domestic employees have the right to sue their
employers for abuse, but few do so, fearing judicial bias and deportation.
Local news sources reported a few criminal cases filed against abusive
employers by domestics, but informal out-of-court conciliation was attempted
in most cases, usually with the assistance of the domestic's source country
embassy. The Government deported many runaway domestics. A specialized police
facility and a government domestic labor office investigated and resolved
some complaints. In April 2003, the Government licensed a new union, the
Kuwait Union of Domestic Labor Offices, charged with monitoring the
activities of labor recruitment agencies and raising awareness among
employers on the treatment of domestics. During 2003, the union distributed
educational brochures to both employers and newly arrived domestics on their
rights and obligations. In August, the Emir's private plane was used twice to
repatriate hundreds of stranded Sri Lankan citizens who had suffered abuse
while in the country. Hundreds of Filipina maids who managed to escape from
their sponsors’ homes also were repatriated to The Government prosecuted some employers accused of abusing
their foreign-born domestic servants. In March 2003, the High Court of
Appeals overturned the acquittal by the Criminal Court of a female citizen
charged with beating and burning her maid with an iron bar by fining her
approximately $3,400 (1,000 KD) and ordering her to sign a pledge of good
conduct. In practice, however, enforcement of such pledges appears to be
weak. In February 2003, police detained a male citizen for allegedly raping
his housemaid repeatedly over a period of 1 year. The maid took shelter in
her source country embassy during the year. There were a number of cases still
pending resolution in which foreign-born domestic employees were tortured,
severely beaten, or died at the hands of their employers. There were no
developments in the 2002 case of an Indian maid who was beaten severely and
tortured. Runaway servants, including many women alleging physical or
sexual abuse, often seek shelter at their country's embassy pending
repatriation or a change in employer (see Sections 6.c. and 6.e.). Of an
estimated 500,000 domestic servants in the country, approximately 1,000 women
were reported to be in informal shelters run by source-country embassies
during the year. Many runaway domestics remained in embassy shelters for
months pending new employment or departure from the country. The Government
does not prevent runaway domestics from seeking shelter in their host country
embassies. There are no official shelters for victims of domestic violence or
abuse in Some unemployed, runaway foreign domestic workers were
susceptible to recruitment into prostitution. In January 2003, a Bangladeshi
man allegedly detained three Asian women inside an apartment in a remote
district and forced them into prostitution. In May 2003, a Bangladeshi man
and two accomplices allegedly kidnapped two Asian women, detained them inside
an apartment, and forced them into prostitution. Police arrested the man in
May 2003. The police actively enforced laws against pandering and
prostitution, with arrests reported almost every week. Prostitutes generally
were deported to their countries of origin. In recent years, procurers
received stiff jail terms. There were several reports during the year of
procurers kidnapping maids off the street and forcing them into prostitution.
"Honor crimes" are prohibited; however, some
provisions of the penal code reduce penalties for these crimes. In 2002, the High Court of Appeals upheld the original 2002
Criminal Court verdict sentencing a woman to life imprisonment and her three
male accomplices to death for a 2002 "honor" killing of a
6-year-old girl. The citizens filed an appeal during the year, and the
Supreme Court of Appeals began considering their appeal in December 2003. There were some reports of women, mainly from Women continued to experience legal, economic, and social
discrimination. Women do not have the right to vote (see Section 3) or run
for election to the National Assembly. Their testimony is worth half that of
a man's in proceedings before the family courts (see Section 1.e.). Married
women require their husbands' permission to obtain a passport (see Section
2.d.). The Government forbids marriage between Muslim women and non-Muslim
men (see Sections 1.f. and 2.c.). Inheritance is governed by Islamic law,
which differs according to the branch of Islam. In the absence of a direct
male heir, Shi'a women may inherit all property,
while Sunni women inherit only a portion, with the balance divided among
brothers, uncles, and male cousins of the deceased. Citizen families (a
"family" must always include a male) are entitled to receive a plot
of land and an approximately $238,000 (70,000 KD) interest-free government
loan ("housing allowance") through the Credit and Savings Bank to
purchase a house. The Government registers the house in the names of both the
husband and the wife. However, in case of divorce, a female citizen loses her
rights to the house regardless of any payments she may have made on the loan.
She may continue to reside in the house if she has custody of any minor
children resulting from the marriage, but she must move once the children
reach age 18. A divorced single mother and her minor children or a female
citizen married to a foreign national cannot, by law, qualify for the
government housing allowance. The Government makes family entitlement payments
approximately $170 (50 KD) per child up to the seventh child to the employed
parent, almost always the father. In divorce cases, the Government continues
to provide these payments to the divorced father, who is expected by law and
custom to provide for his children, although custody of minor children is
almost always awarded to the mother. The law provides for female "remuneration equal to
that of a man provided she does the same work." This provision often was
not generally respected in practice. The law prohibits women from working in
"dangerous industries" and trades "harmful" to health.
Educated women maintained that the conservative nature of society limited
career opportunities. An estimated 33 percent of female citizens of working
age were employed. Many women were employed as professors, attorneys,
physicians, bankers, engineers, and businesswomen. A few women have been
appointed to senior positions in the Ministry of Education, Ministry of
Planning, and the state-owned Kuwait Petroleum Corporation. There was one
female ambassador and two female undersecretaries; however, there were no
female judges or prosecutors. During 2003, the Government appointed and
assigned female diplomats overseas to expand the public position of women. There is no specific law that addresses sexual harassment;
however, serious problems remained. The law discriminates against female citizens married to
foreign men. Unlike male citizens, such women are not entitled to government
housing subsidies. The law also requires women to pay residence fees for
their husbands and does not recognize marriage as the basis for granting
residency to foreign-born husbands. Instead, the law grants residency only if
the husband is employed. By contrast, male citizens married to foreign-born
women do not have to pay residency fees for their spouses, and their spouses'
right to residency derives from marriage. Many classes at Polygyny is legal; however, it is more common among tribal elements of the
population. Several organizations followed women's issues, among the
most active of which were the Women's Cultural and Social Society, the
Women's Affairs Committee, Kuwait Economic Society, Kuwait Human Rights
Society, and the Social Reform Society Women's Committee. Children The Government is generally committed to the rights and
welfare of citizen children. Citizen boys and girls receive a free education
through the university level, often including advanced degrees and the
opportunity to study abroad. Primary education is universal and compulsory.
UNICEF estimates net primary enrollment at 66 percent. The Government
provides free health care and a variety of other services to citizen
children; non-citizen children must pay a small fee to be admitted into a
health facility and pay additional fees for specialized care. Citizen parents also receive a monthly government allowance
of approximately $170 (50 KD) for each child up to the seventh child. The
Government makes these payments to the employed parent, usually the father,
and continues to provide these payments to the father even if the parents are
divorced and the father does not have custody of the children. There is no
legal requirement governing its use and anecdotal evidence suggests that many
non-custodial fathers were not using it to contribute to the care and welfare
of their children. There did not appear to be any monitoring of how the funds
are spent. There was no societal pattern of abuse; however, there were
some cases of young children raped by men or gangs of youths. In September,
an Army first lieutenant allegedly kidnapped and molested a 10-year old boy.
The suspect has reportedly confessed to the crime. In April, the Court of
Cassation, the Supreme Court of Appeals, upheld a death sentence for two
Saudi brothers and a Kuwaiti for the 2002 kidnapping, rape, and murder of a
6-year-old girl. In December 2003, the Public Prosecutor referred to the
Criminal Court the case of a citizen teacher accused of raping an 11-year-old
boy. In February 2003, a police officer allegedly raped a
9-year-old male citizen. In June 2003, the Criminal Court sentenced a male
citizen to death for kidnapping, raping, and murdering a Pakistani child. The
citizen appealed the verdict, and the High Court of Appeals began hearing
testimony in December 2003. There were incidents of arrests in some child
abuse cases but no reported convictions. There are a few unofficial homes for abused children
nominally run by the Ministry of Social Affairs and Labor. There are credible
reports that some caretakers abuse some of these children while they are
living in these homes, or that they are used for prostitution. The conditions
in these homes are reportedly very poor. Some tribal groups continued to marry girls under age 17. There were credible reports of underage South Asian and
Southeast Asian girls working as domestic servants. Young boys, reportedly from There were no reported cases of sexual exploitation of
youths used as camel jockeys. Trafficking in Persons The law does not specifically prohibit trafficking in
persons, although laws against slavery, prostitution, forced labor, coercion,
kidnapping, and other acts can be used collectively to prosecute traffickers.
The Government has ratified some international conventions that commit it to
apply these laws. The country is a destination for internationally trafficked
men, women, and children. The problem principally is one of foreign workers,
mostly female, coming to work as domestic servants but being abused by their
employers or coerced into situations of debt bondage or involuntary
servitude. During the year, the Government highlighted its efforts to
combat trafficking and improve protections for female workers. In January,
high-level government officials, labor representatives, and NGOs participated
in the first-ever public trafficking in person (TIP) seminar held in the
country to discuss the treatment of domestic servants and propose solutions
to improve protection of their rights and welfare. The Interior Ministry
(MOI) required all Kuwaiti sponsors to sign a standardized contract with the
labor recruitment agency, outlining the rights and responsibilities of both
parties. MOI officials also claim that the Government has revoked the
licenses of 556 poor performing and abusive labor recruitment agencies since
1993. There are 514 licensed agencies currently operating. In at least a dozen incidents reported by local newspapers
during 2003, procurers kidnapped domestic servants and other foreign-born
female workers off the street and forced them into prostitution. Most victims
do not report these crimes. During 2003, there were several reported
incidents of police raiding prostitution rings and arresting both organizers
and prostitutes. In February 2003, the Criminal Court fined an expatriate
woman approximately $10,200 (3,000 KD) and sentenced her to 3 years in jail,
followed by deportation, for running a brothel and forcing other expatriate
women into prostitution. In March 2003, police arrested six men and seven
foreign prostitutes in a 2-hour crackdown in Farwaniya
district. In April 2003, police raided three prostitution "houses"
and arrested 10 Asian female prostitutes in an outlying district, Jleeb Al-Shuyoukh, populated
mainly by expatriate workers. In January 2003, the High Court of Appeals upheld the
verdict of the Criminal Court and sentenced a Bangladeshi man to death for
kidnapping, raping, and forcing two foreign women into prostitution. The man
reportedly bought one of the women for $850 (250 KD) from another
unidentified man. In February 2003, the Court of Appeals upheld the verdict
of the Criminal Court and sentenced a woman to 3 years in prison and imposed
a $10,200 (3,000 KD) fine for running a prostitution ring and holding several
foreign women captive. In 2002, a foreign development agency report on female
foreign workers in the country revealed that in most trafficking cases, local
manpower agents or visa traders had promised women domestic work. However,
upon arrival, numerous migrants were expected to provide sexual services in
addition to their domestic duties, and some were forced to engage in
prostitution exclusively. The Government took some measures to help combat
trafficking. A conciliation center attached to a district police station
processed some complaints filed by domestic servants or their source country
embassies against abusive or exploitative employers. A government domestic
labor office, under the authority of the Ministry of Interior, investigated
and resolved some labor complaints. The Government formed an inter
ministerial committee of representatives from the Ministry of Foreign
Affairs, Ministry of Interior, and Ministry of Social Affairs and Labor to
discuss strategies for protecting the rights of domestic employees. The
committee held its first meeting in May 2003. In April 2003, the Government
approved the establishment of a new association, the Kuwait Union of Domestic
Labor Offices, to monitor more closely the activities of domestic labor
recruitment agencies in the country and to educate employers and domestics
about their rights. At year's end, 50 labor recruitment agencies, reportedly
representing about 70 percent of all domestic servants in the country, were
members of the association. There were no specific reports of government or
police involvement in trafficking during the period covered by this report. Persons with Disabilities The law prohibits discrimination against persons with
disabilities and imposes penalties against employers who refrain from hiring
persons with disabilities without reasonable cause. There was no reported
discrimination against persons with disabilities in employment, education, or
in the provision of other state services. In 1996, the National Assembly
passed legislation on the rights of persons with disabilities. The law
mandates access to buildings for persons with disabilities, and the
Government generally enforced these provisions in practice The Government
paid stipends to citizens with disabilities, which covered transportation,
housing, job training, and social welfare. There were no similar provisions
for non-citizens. National/Racial/Ethnic Minorities The legal status of tens of thousands of bidoon residents remained unresolved. The bidoon (an Arabic term meaning "without" as in
"without citizenship") are Arabs who have residency ties to the
country, some persisting for generations and some for briefer periods, but
who either lack or have failed to produce documentation of their nationality.
The exact number of bidoon residents is unknown,
but has been estimated at upwards of 100,000. Since the mid-1980s, the
Government has actively discriminated against the bidoon
in areas such as education, medical care, employment and mobility. In a positive change from the past, this year, the Ministry
of Education approved free education for all children of bidoon
parents. This change took effect with the September opening of the school
year. During the year, it was also announced that bidoon
would receive free health care starting at the beginning of 2005. Reportedly,
the Health Ministry will no longer ask for fees from bidoon.
The Waqf Health Fund, a partially government-funded
program, has signed contracts with several insurance companies to pay the
fees for bidoon health services. Although the Government eliminated the bidoon
from the census rolls and discontinued their access to most government jobs,
some bidoon work in the armed forces and are now
being accepted in the institutions of the Public Authority for Applied
Education and Training. The Government has denied the bidoon
official documents such as birth certificates, marriage certificates, civil
identification, and drivers' licenses, which made it difficult for many
unregistered bidoon, particularly younger bidoon, to find employment. The Government does not issue
travel documents to bidoon routinely, and, if bidoon travel abroad without documentation, they risk being
barred from returning to the country unless they receive advance permission
from immigration authorities. The children of male bidoon
inherit their father's undetermined legal status, even if born to citizen
mothers. Only bidoon registered by Many bidoon are unable to provide
documentation proving sufficient ties to the country or present evidence of
their original nationality, as they are truly stateless. Others (the
Government claims 26,000 over the past several years) have disclosed their
true nationalities and have obtained passports from their countries of origin
( The political, economic, and long-term budgetary
implications associated with extending citizenship (and the generous welfare
benefits that come with it) to the equivalent of roughly 5 percent of the
population have rendered the issue highly divisive. Some National Assembly
members have threatened to question cabinet ministers, including the Minister
of Education and Prime Minister, publicly over the issue. During 2003, the
Ministry of Defense approved granting citizenship to an estimated 400 bidoon who participated in the liberation of the country
from Iraqi occupation. The Minister of Interior proposed that deceased bidoon among the "Kuwaiti missing persons"
whose remains had been identified in Iraq be naturalized, thereby allowing
their surviving bidoon family members to gain
citizenship. This proposal had not yet been approved at year's end. In 2002, the Government mandated that those who did not
register by the Section 6 Worker Rights a. Right of Association The law provides that most workers have the right to join
unions. Foreign laborers employed as domestics constitute a third of the
foreign labor force and are specifically excluded from the right to associate
and organize. However, for those workers who can join unions, the Government
restricted the right of freedom of association to only one union per
occupational trade, and permitted unions to establish only one federation. Approximately 60,000 persons, less than 4 percent of a
total work force of 1.55 million, were organized into unions, of which 14
were affiliated with the Kuwait Trade Union Federation (KTUF), the sole legal
trade union federation. The Bank Workers Union and the Kuwait Airways Workers
Union were independent of the KTUF. The law stipulates that any new union
must include at least 100 workers, 15 of whom must be citizens. Both the ILO
and the International Confederation of Free Trade Unions (ICFTU) have
criticized this requirement because it discourages unions in sectors that
employ few citizens, such as the construction industry and much of the
private sector. Only about 12.5 percent of employed citizens worked in the
private sector during the year. Despite KTUF complaints about the need for an
updated law, draft proposals for a new labor law have stalled for more than
10 years. The Government licensed 20 new unions during the year,
including EQUATE Petrochemicals Company Workers In 2003, the Government implemented the National Manpower
Support Law, a new law aimed at increasing the number of citizens employed in
the private sector. During the year, the Ministry of Social Affairs and Labor
reported that Article 15 of this law, requiring the establishment of a bank
account for every foreign worker to ensure that workers are paid in a timely
and transparent manner, had been ratified and is enforced. Interviews with
foreign embassy officials representing some of the largest numbers of
laborers in the country, as well as interviews conducted with a large cross
section of domestic and unskilled foreign laborers indicated that, in
practice, Article 15 often was not enforced. Also in 2003, the Government overturned a 1985 Council of
Ministers decree prohibiting the licensing of new associations (NGOs,
syndicates, and unions). The former Social Affairs and Labor Minister
licensed 18 new worker "syndicates" in the presence of ILO
officials the same year. There is a workers syndicate for the Health
Ministry, the Education Ministry, and various other ministries. Syndicates,
referring to a sector-specific grouping of workers, collectively, comprise
unions, such as the Government Worker's The Government's pervasive oversight powers further eroded
union independence. The Government subsidizes as much as 90 percent of most
union budgets and may inspect the financial records of any union. The law
empowers the courts to dissolve any union for violating labor laws or for
threatening "public order and morals," although such a court
decision may be appealed. The Emir also may dissolve a union by decree. By
law, the Ministry of Social Affairs and Labor is authorized to seize the
assets of any dissolved union. The law subordinates the legal existence of
the unions to the power of the State; however, no union has been dissolved. The most recent government statistics cite approximately
1.26 million foreigners as employed in the country, comprising over 80
percent of the labor force. However, foreign workers constitute less than 5
percent of the unionized work force. The labor law discriminated against
foreign workers by denying them voting rights and permitting them to join
unions only after 5 years of residence, although the KTUF stated that this
requirement was not widely enforced in practice. Any foreign worker covered under
the labor law, which excluded maritime workers and an estimated 500,000
domestic servants, could submit a grievance to the Labor Office regardless of
union status; however, such services were not utilized widely. The labor law prohibits antiunion discrimination. Any
worker who alleges antiunion discrimination has the right to appeal to the
judiciary. There were no reports of discrimination against employees based on
their affiliation with a union. Employers found guilty of such discrimination
must reinstate workers fired for union activities. Unions may affiliate with international bodies. The KTUF
belonged to the International Confederation of Arab Trade Unions and the
formerly Soviet-controlled World Federation of Trade Unions. In August, the Government commissioned the KTUF to examine
the issues involved in establishing formal representation of foreign workers
in the country. Although no action has been taken on this measure, such a
move would dramatically alter the nature of labor in the country, permitting
across-the-board demands for wage increases and better working conditions. b. Right to Organize and Bargain Collectively With the notable exceptions of the country's approximately
500,000 domestic servants and maritime employees, the labor law provides
workers with the rights to organize and bargain collectively, subject to
certain restrictions, and the Government generally respected them in
practice. Domestic servants may not organize or bargain collectively; they
suffer from low wages and often abuse at the hands of their employers. The
labor law does not provide for a minimum wage for either domestic servants or
private sector workers. Foreign private sector workers are allowed to join
unions, but they are barred from leadership positions. The labor law provides for direct negotiations between
employers and "laborers or their representatives" in the private
sector. Most disagreements were resolved in such negotiations; if not, either party may petition the Ministry of Social
Affairs and Labor for mediation. If mediation fails, the dispute is referred
to a labor arbitration board composed of officials from the High Court of
Appeals, the Attorney General's Office, and the Ministry of Social Affairs
and Labor. The Civil Service Law makes no provision for collective
bargaining between government workers and their employers. Technically, the
Government is responsible for establishing wages and employment conditions
for civil service workers but generally determined benefits in consultation
with civil service unions. Union officials resolved most issues at the
working level and had regular access to senior officials. The law limits the right of workers to strike. It requires
all labor disputes to be referred to compulsory arbitration if labor and management
are unable to reach a solution. The law does not contain any provision
ensuring strikers freedom from legal or
administrative action taken against them by the State. However, the Ministry
of Social Affairs and Labor has been responsive to sit-ins or protests by
workers who faced obvious wrongdoing by their employers. In June, supervisors
of the Social Correction House staged a sit-in to protest its failure to
provide enough protection against minor criminals and to seek better working
conditions. In September, the Justice Ministry Workers Union staged a sit-in
to protest workplace discrimination. Also in September, lawyers staged a
sit-in at the The Government cooperated closely with the ILO, which
maintained a representative office in the country. The ILO Regional Director
for Arab States visited the country during 2003 and met with the Minister of
Social Affairs and Labor to discuss labor reform issues. The ILO sent two
senior officials in November 2001 to advise the Government on how to improve
the country's labor situation. At the ILO's urging,
the Government agreed to ratify the remaining two of eight conventions from
the ILO's Declaration of Basic Rights at Work, but
it has not yet submitted them to the National Assembly for ratification. The
remaining two are #98 regarding freedom of association and collective
bargaining and #100 regarding equal remuneration. These ILO conventions are a
long way from ratification, as the recommendation has not yet been sent to the
Cabinet for review and presentation to the National Assembly. There are no export processing zones. c. Prohibition of Forced or Compulsory Labor The Constitution prohibits forced labor "except in
cases specified by law for national emergency and with just
remuneration"; however, many unskilled foreign workers were treated like
indentured servants (see Section 6.e.). The Constitution prohibits forced and
compulsory labor by children; however, there were credible reports early in
the year of young boys being used as camel jockeys, as well as of underage
girls working as domestic servants (see Sections 5 and 6.d.). Foreign workers generally may not change their employment
without permission from their original sponsors unless they have been in the
country for more than 2 years. Domestic workers are particularly vulnerable
to abuses stemming from restrictions on transferring sponsorship because the
labor law does not protect them. In many cases, employers exercised control
over their servants by withholding their passports, although the Government
prohibits this practice and, in some instances, acted to retrieve the
passports of maids involved in disputes. Some foreign workers, especially unskilled or semiskilled
South Asian workers, lived and worked much like indentured servants. They
frequently faced poor working conditions and, at times, encountered physical
or sexual abuse (see Sections 5 and 6.e.). Domestic servants who run away
from their employers as a result of abuse or poor working conditions are
routinely treated as criminals under the law as they fall under the purview
of the Ministry of Interior rather than the Ministry of Social Affairs and
Labor. There were dozens of reports during the year of police arresting and
charging domestic servants with crimes such as violating immigration
procedures, for attempting to escape from abusive employers. The police
typically regarded such problems as matters of law and order, and not as
legitimate labor conflicts. Employers or local labor recruitment agencies
routinely withheld wages from domestic servants to cover the costs involved
in bringing them to the country. There were credible reports of illegal visa trading, a
system by which local sponsors agree to extend their sponsorship (in name
only) to foreign workers in exchange for a fee in the range of $1,500 to
$4,000 (450 to 1,200 KD). Middlemen, generally foreigners, attracted workers
from economically depressed countries, took a commission, and remitted the
balance to the nominal sponsor. Once in the country, such agents transferred
workers to employers in the informal sector or to parties that would
otherwise be unable to sponsor them. Foreign workers recruited with traded
visas not only faced possible prosecution for being engaged in illegal
employment (that is, working for an employer other than their sponsor), but
also were extremely vulnerable to extortion by employers, sponsors, and
middlemen. Visa and residence trading has resulted in a growing number
of unemployed foreign workers in the country. Many are unable to earn enough
money to pay the illegal fees often charged by their local sponsors or local
labor recruitment agencies in exchange for residency and work permits. Many
suffered from abuse or mistreatment at the hands of their unofficial
employers. Abused foreign workers employed on the basis of illegally traded
visas typically failed to report incidents of abuse or poor working
conditions to authorities due to their illegal immigration status. Government
efforts to stop visa trading, such as by closing front companies for visa
traders, have not made significant progress. There are laws aimed at curbing
visa trading, with penalties against both employers and visa traders;
however, the Government seldom enforced these laws. The Labor Inspection Department of the Ministry of Social
Affairs and Labor was responsible for carrying out routine inspections of all
private firms to ensure that all registered foreign workers are actually
employed by their legal sponsors. The Ministry suspended the files of
employers caught violating labor regulations. During its most recent review,
the Ministry of Labor reported 5,154 labor violations from 1,200 firms. There
were 826 work permit dispute complaints and 1,078 individual labor-related
work complaints. Many of these "violations" involved occupational
health, environmental, and safety problems, and poor working conditions. The
ministry has reportedly suspended over 1,500 employer files to date for
possible labor violations. d. Prohibition of Child Labor and Minimum Age for
Employment The Labor Law prohibits child labor, forced or compulsory
labor, and exploitation of workers. Child labor was not a significant
problem; however, there were credible reports of some South and Southeast
Asian children under 18 years of age working as domestic servants. Such
underage workers reportedly falsified their ages in order to enter the
country. Some very young boys (reportedly from the The legal minimum age is 18 years for all forms of work,
both full- and part-time. Employers may obtain permits from the Ministry of
Social Affairs and Labor to employ juveniles between the ages of 14 and 18 in
certain trades. Juveniles may work a maximum of 6 hours a day on the
condition that they work no more than 4 consecutive hours followed by a
1-hour rest period. The Government has ratified 18 ILO conventions, including 6
of the 8 core conventions. Among the ratified conventions are those
prohibiting servitude and forced labor, and Convention 182 concerning the
prohibition and elimination of the worst forms of child labor.
The Labor Inspection Department of the Ministry of Social Affairs and Labor
inspected private firms routinely during the year to monitor compliance with
labor laws, including those against child labor. There were no reported
Government programs to prevent exploitative child labor or remove children
from such labor. e. Acceptable Conditions of Work The Ministry of Social Affairs and Labor is responsible for
enforcing all labor laws. An institutionalized two-tiered labor market
ensured high wages for citizen employees, most of whom
were in government white collar or executive positions, while foreign workers,
even those in skilled positions, received substantially lower wages. Some
Bangladeshi domestic workers reportedly earned as little as $71 (21 KD) per
month. There was no legal minimum wage in the private sector. In the public
sector, the monthly legal minimum wage was approximately $771 (227 KD) for
citizens and approximately $306 (90 KD) for non-citizens. However,
non-citizens do not receive the same social benefits as citizens and must pay
fees for education and health care, which are provided free for all citizens.
The Government maintains a two-tier health care system that provides
substantially lower quality care to non-citizens. The best, most effective
medicines, even for serious illnesses, and certain kinds of specialized
treatment officially were reserved for citizens. Private sector wages ranged from $10,200 (3,000 KD) each
month for top managers of large companies to between $510 to $2,550 (150 to
750 KD) for other skilled professionals and workers. The public sector
minimum wage provided a decent standard of living for a worker and family.
Wages of unskilled workers in the private sector did not always provide a
decent standard of living, with housemaids often making less than $119 (35
KD) per month. To be eligible to sponsor family members for residency,
government and private sector workers must receive a minimum wage of $1,360
(400 KD) per month. Many foreign workers who met or exceeded the minimum
income threshold often waited months for government approval to sponsor their
immediate family members to the country. During 2003, the Government exempted
public school teachers from the minimum salary threshold for sponsoring
family members. The labor law establishes general conditions of work for
the private sector, with the oil industry treated separately. The Civil
Service Law also prescribes additional working conditions for the public
sector, which consisted almost entirely of citizen workers. The labor law
limits the standard workweek to 48 hours with 1 full day of rest per week, 1
hour of rest after every 5 consecutive hours of work, provides for a minimum
of 14 workdays of leave each year, and establishes a compensation schedule
for industrial accidents. In 2000, the Government implemented an unemployment
allowance program for citizens unable to find jobs in the public sector or
with private companies. The program provides regular allowance payments
averaging $340 (100KD) to unemployed citizens until they found jobs. There
were no reported cases of abuse of this program during the year. Domestic
servants, who specifically are excluded from the labor law, and other
unskilled foreign workers in the private sector frequently worked greatly in
excess of 48 hours, often with no day of rest and no annual leave. In amendments to the Labor Law in the Private Sector
implemented in 1997, the Government extended the weekly 24-consecutive-hour
rest period to temporary workers employed for a period of less than 6 months
and workers in enterprises employing fewer than five persons. The law
pertaining to the oil industry provides for a 40-hour workweek, 30 days of
annual leave, and sick leave. Laws establishing working conditions were not
applied uniformly to foreign workers. During the year, the Interior Ministry’s Domestic Labor
Department implemented new measures designed to protect the welfare of
domestic servants. The first was an extension from The Government has issued occupational health and safety
standards; however, compliance and enforcement appeared poor, especially with
respect to unskilled foreign laborers. To decrease accident rates, the
Government periodically inspected enterprises to raise awareness among
workers and employers and to ensure that they abided by safety rules,
controlled the pollution resulting from certain dangerous industries, trained
workers who used new machines in specialized institutes, and reported
violations. Workers had the right to remove themselves from dangerous work
situations without jeopardizing their continued employment, and legal
protection existed for both citizen and foreign workers who filed complaints
about such conditions. However, Government attention to worker safety issues
remained insufficient, resulting in poor training of inspectors, inadequate
injury reports, and no link between insurance payments and accident reports. The law provides that all outdoor work stop in the event
that the temperature rises above 120 degrees Fahrenheit; however, there were
allegations that the Government's Meteorological Division falsified official
readings to allow work to proceed. The Meteorological Division consistently
denied these allegations. In the past, recorded temperatures reached 120
degrees Fahrenheit, but work reportedly continued at many outdoor locations. Employers often exploited workers' willingness to accept
substandard conditions. Some foreign workers, especially unskilled or
semiskilled South Asian workers, lived and worked much like indentured
servants, were unaware of their legal rights, and generally lacked the means
to pursue legal remedies. They frequently faced contractual disputes and poor
working conditions, and sometimes physical and
sexual abuse (see Sections 5 and 6.c.). Most were in debt to their employers
before they arrived in the country, and they had little choice except to
accept the employer's conditions, even if they breached the contractual
terms. It was not uncommon for wages to be withheld for a period of months or
to be decreased substantially in violation of their labor contracts. Many
foreign workers were forced to live in "housing camps," which
generally were overcrowded and lacked adequate cooking and bathroom
facilities. Workers were housed 10 or more to a room in squalid conditions,
many without access to adequate running water. The workers were only allowed
off the camp compound on company transport or by permission of the employer.
Many foreign workers went heavily into debt and could not afford to return
home. The labor law discriminates against foreign workers by
limiting their ability to join unions (see Section 6.a.). The KTUF
administered an Expatriate Labor Office, which was authorized to investigate
complaints of foreign laborers and provide them with free legal advice.
However, these services were not utilized widely. Any foreign worker could
submit a grievance to the labor office regardless of union status. The Labor Law provides for employer-provided medical care
and compensation to both citizen and foreign workers disabled by injury or
disease due to job-related causes. Once a worker filed a claim, the courts
decided the amount of compensation, which was typically paid in a lump sum
rather than in monthly payments. Workers, especially foreigners, have had
difficulty enforcing such decisions. The law also requires that employers
provide periodic medical examinations to workers exposed to environmental
hazards on the job, such as chemicals and asbestos. Adequate and affordable
health care is a serious problem for many foreign workers. Official health
policies discriminated against foreigners in the provision of medicines and
treatment. Foreigners must pay yearly medical coverage fees to the Ministry
of Health and additional fees each time they received medical care, required
tests, specialized procedures, or medication. Many employers deducted the
medical fees from employees' salaries. Foreign workers and their family
members must pay these yearly government-mandated medical coverage fees to
obtain or renew residency or work permits. In September 2003, more than 1,000
foreign workers protested at the Ministry of Health against reported delays
in processing their medical claims (see Section 2.b.). The Ministry
reportedly called in security officials to disperse the crowd. There were no
reports of violence or arrests. It was common for employers to confiscate and withhold the
passports of their domestic servants illegally, preventing them from
departing the country. Maids paid the same amount or more than other
unskilled or semiskilled workers for visas to work in the country. Runaway servants often sought refuge at their source
country embassies for either repatriation or assistance in dealing with
employers. The number of runaway servants in need of assistance remained
significant during the year as conditions for domestic employees remained
poor. Although most such workers sought shelter due to
contractual or financial problems with their employers, some women also
alleged physical or sexual abuse. Some embassies continued to report the
steady occurrence of physical abuse and mistreatment involving domestic
servants, including withheld salaries, overwork, and inadequate food. Each
Government has attempted to register its nationals who arrive to work in the
country as domestic employees and to regulate recruiting agents in their home
countries, with some success. Limited services provided by the police
facility designated to mediate among embassies, domestic workers, and
employers made it very difficult for domestic servants to file complaints, receive
withheld salary, or reach settlement in cases of mistreatment. Domestic
servants must deal with neighborhood police stations, whose personnel are
untrained and inexperienced in handling such cases and often side with the
employer. Source country embassies reported widespread police harassment of
and discrimination against domestic servants during the year (see Sections 5
and 6.c.). Some countries warned their female citizens about the risks
of exploitation or banned them altogether from working in the country as
domestic servants. Some years ago, the Government of India temporarily banned
its nationals from working in the country as domestic employees, but Indian
nationals continued to buy visas and enter the country as domestic workers.
The Government of India limits the granting of domestic work permits for the
country to women over age 30 and only from specific states, which has helped
reduce some employment problems. The embassy reported that it received
approximately 40 calls per month from Indian workers, including domestic
servants, complaining of employment problems. The Embassy of Bangladesh
estimated that 90 percent of the approximately 160,000 Bangladeshi workers in
the country were unskilled laborers and that 30 percent of these workers received
no salaries from their private sector employers, while 10 percent of
Bangladeshi domestics were paid nothing beyond room and board. The embassy
reported that it received approximately 100 calls per month from Bangladeshi
workers, including domestic servants, complaining of serious employment
problems. Of the approximately 130 runaway Filipina domestic servants in the
Philippine Embassy shelter, on average, at any given time during the year,
approximately 30 percent reported some form of mistreatment by their
employers and 6 percent reported sexual abuse. The courts rule in favor of employees in an estimated 90
percent of the labor disputes they hear; however, no legal mechanism exists
to enforce judgments. There is no compulsion for employers to obey court
rulings, and workers often do not receive court-ordered compensation.
Employers also reportedly use illegal methods to pressure foreign employees
to drop cases against them, such as withholding their passports, encouraging
police intimidation and brutality, threatening deportation, and filing
criminal charges against them for fabricated crimes, such as theft. |
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