Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/pc/text/humanrts/kuwait.txt

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TITLE:  KUWAIT HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995

                             KUWAIT


Amirs, or princes, from the Al-Sabah family have ruled Kuwait
in consultation with prominent community figures for over 200
years.  The Constitution, adopted in 1962, provides for an
elected National Assembly and enumerates the powers of the
Government and the rights of citizens.  It also permits the
Amir to suspend its articles during periods of martial law.
The Amir twice suspended constitutional provisions, from 1976
to 1981 and from 1986 to 1992, and ruled extraconstitutionally
during those periods.  The Assembly resumed functioning after
the 1992 election.

The Minister of Interior supervises Kuwait's security
apparatus, including the Criminal Investigation Department
(CID) and Kuwait State Security (KSS), two agencies that, in
addition to the regular police, investigate internal
security-related offenses.  Allegations of human rights abuses
by the security forces against nationals of countries that
supported Iraq in the Gulf War subsided in 1994, though there
continued to be credible reports that security officials
physically abused detainees.

Endowed with oil, the Government has made significant progress
in recovering from the destruction caused by the Iraqi
occupation.  The costly reconstruction is mostly complete.  In
the last three fiscal years, Kuwait has incurred a cumulative
fiscal deficit of $68 billion which the Government has financed
by selling its foreign assets and increasing the public debt.
Despite the emphasis the Government places on an open market
economy, foreign nationals (with the exception of citizens of
the Gulf Cooperation Council) may not own property or majority
shares in significant local businesses and are subject to
restrictive labor laws.  The Government owns interests in most
of the major banks and in the oil industry.

The Government continues to abridge or restrict a number of
significant rights.  Limitations on the freedoms of assembly
and association and women's rights remain in place.  The
Government bans political parties, and citizens do not have the
ability to change their form of government.  Associations that
are not registered with the Government are banned by law, and
the Government enforced that ban:  in several instances in
1994, it prevented unregistered human rights groups from
holding public meetings.  The Government continued its policy
of preventing the return of stateless, Iraqi, and Palestinian
people who have strong family ties to Kuwait.  The labor law
excludes foreign-born domestic servants from its protective
provisions.

Nonetheless, the Government made some progress in human rights,
and it has emerged from the troubled human rights environment
of the postliberation period.  The Government improved
conditions in prisons and detention centers, extended the
franchise to the sons of naturalized citizens, and invited the
International Labor Organization (ILO) to Kuwait for
consultations.  The Human Rights Committee of the National
Assembly continued to investigate important human rights
abuses, and recommended improvements in prison conditions.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
           Freedom from:

     a.  Political and Other Extrajudicial Killing

There were no reports of political or other extrajudicial
killings.

The Government did not make public the results of its
investigations into the extrajudicial killings that occurred in
the period following Kuwait's liberation in 1991, nor did it
signal that it intends to take further action.  The Government
had announced in 1993 that it would reactivate the
investigations into the killings.  Most of the cases remain
unresolved.

     b.  Disappearance

There were no reports of disappearances.

Of the numerous disappearances that occurred in 1991, about 100
cases remain unresolved.  The Ministry of Interior claims that,
in cooperation with the International Committee of the Red
Cross (ICRC), it has renewed its efforts to resolve the cases,
but has not yet done so.  The Government has failed to issue
death certificates in cases where those who disappeared are
known to be dead.  The Government's failure to resolve these
cases stems from an unwillingness to open and pursue criminal
investigations into the causes of the deaths.

According to the ICRC, Iraqi authorities took prisoner 609
Kuwaitis and residents of Kuwait, including 9 women, during
Iraq's occupation.  These people are still missing or detained
in Iraq.  The Government of Iraq has refused to comply with
U.N. Security Council Resolution 687, which stipulates that the
detainees be released.  Iraq denies that it holds Kuwaiti
detainees and refuses to account for missing Kuwaitis taken
into Iraqi custody during the occupation.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

Although the Constitution prohibits torture, credible reports
indicate that physical abuse during interrogation did occur.
The number of reports of abuse, however, declined in 1994
compared to the aftermath of the Gulf War.  No pattern of
systematic or widespread abuse appeared.  The reported types of
abuse consisted of blindfolding, verbal threats, slaps, and
blows.

The Government claims that it investigates all torture
allegations and that it has punished at least some of the
offenders.  However, the Government refuses to make public its
findings in torture investigations or what, if any, punishments
are imposed.  This creates a climate of implied impunity which
diminishes the deterrence against torture and abuse.

Defendants have the legal right to present evidence in court
that they had been mistreated during interrogation, and judges
routinely review such allegations.  Since defendants are often
unable to substantiate their complaints with physical evidence,
however, these allegations are often dismissed.  In 1991 judges
in martial-law courts handed down several death sentences based
on confessions apparently obtained under torture.  Courts later
refused to reopen these trials, although the sentences were
commuted to imprisonment varying from 10 to 20 years.  In 1994
a State Security Court ruled against excluding the confession
of 14 persons accused of attempting to assassinate former U.S.
President George Bush--despite allegations raised by the
defense that the confessions were obtained by torture (see
Section 1.d.).

Prison conditions do not meet internationally recognized
minimum standards.  Many prisoners live in severely overcrowded
cells where unsanitary conditions are conducive to the quick
spread of contagious illnesses.  Nonetheless, the Government
moved in 1994 to improve some conditions.  After a prison tour
by several members of the National Assembly in February, prison
authorities installed air conditioning at some facilities and
gave prisoners permission to take outdoor exercise and receive
visits from their families.  The Government allows the ICRC
access to all detention facilities.

     d.  Arbitrary Arrest, Detention, or Exile

The Constitution provides for the freedom from arbitrary arrest
and detention, but security forces do not always respect these
rights.  In 1994 there were no reports of arbitrary arrest.
Security forces in Kuwait City sometimes set up checkpoints
where they may briefly detain individuals.  The Government has
stopped the practice of rounding up and deporting Palestinian
residents.

Police officers must obtain arrest warrants from state
prosecutors before making arrests, though in misdemeanor cases
the arresting officer may issue them.  Under the Penal Code, a
suspect may not be held for more than 4 days without charge.
Security officers sometimes prevent families from visiting
detainees during this confinement.  After 4 days, prosecutors
must either release the suspect or file charges.  If charges
are filed, prosecutors may remand a suspect to an additional 21
days in detention.  Prosecutors may also obtain court orders
for further detention pending trial.

Detention rules are different for cases involving state
security.  In such cases, prosecutors may hold a suspect in
detention for 6 months, and a judge may authorize a longer
confinement pending trial.  After 21 days in detention, a
defendant has the right to petition for his release in the
State Security Court.  If the judge denies the motion, the
defendant may submit another appeal 30 days after the
rejection.  In general, cases go to trial between 20 and 30
days after arrest.  There is no evidence of long-term
incommunicado detention, though there are about 30 detainees
facing deportation, especially Iraqi citizens and the "bidoon"
or stateless residents, who have been in detention for more
than a year (see Section 1.d.).

Approximately 1,850 people are in prison, of whom 400 are in
pretrial detention.  About 75 percent of the detainees face
administrative deportation orders which the Ministry of
Interior may issue arbitrarily.  There are no trials for
deportations; thus deportees do not have "due process."  The
Government may expel noncitizens, even those who have been
long-term residents, if it considers them security risks.

The Government may also expel foreigners if they are unable to
obtain or renew work or residency permits.  In 1994 the
Government deported 122 Iraqis and nationals of countries that
supported Iraq in the Gulf War (primarily Yemen and Jordan),
well below the 1993 level.  Although the ICRC monitors only the
deportation of these cases, the Government also routinely
deports Iranians and other foreign nationals who have violated
residency requirements or committed other offenses.

The law protects citizens from exile.  However, before the
Iraqi invasion there were credible reports that in some cases
the Government evaded this law by revoking citizenship in order
to deport citizens as noncitizens.  There have been no reports
of revocations of citizenship since the Gulf War.

     e.  Denial of Fair Public Trial

The judicial system is composed of the regular courts, which
try criminal and civil cases; the State Security Court, which
tries cases of a security nature; and the Court of Cassation,
which is the highest level of judicial appeal.  During periods
of martial law, the Amir may authorize military courts to try
civilian defendants.  There have been no martial-law trials
since 1991.  Sunni and Shi'a Muslims have recourse to courts of
their respective denominations for family-law cases.

The Constitution states that "judges shall not be subject to
any authority."  Nonetheless, the Ministry of Justice controls
the judiciary's administrative and financial matters.  The Amir
appoints all judges on recommendations from the Minister of
Justice.  Judges who are citizens have lifetime appointments,
but the Government also employs many noncitizens as judges.
They work under 1-year, renewable contracts, which undermine
their independence.  The Ministry of Justice may remove judges
for cause but rarely does so.  Foreign residents involved in
commercial disputes with citizens frequently complain that
courts show a pro-Kuwaiti bias.

Defendants have the rights to confront their accusers and of
judicial appeal.  The Amir 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.  In misdemeanor cases, defendants have the right to
waive the presence of legal counsel, and the court is not
required to provide counsel to indigent defendants.

Both defendants and prosecutors may appeal verdicts of the
State Security Court to the Court of Cassation, but the
appellate court may only determine whether the law was properly
applied with respect to the sentence; it does not rule on guilt
or innocence.  In criminal cases not involving state security,
appeal is to the High Court of Appeal, which may rule on all
aspects of the lower court's decision.

In the secular courts there are no groups, including women, who
are barred from testifying or whose testimony is given lesser
weight.  The Islamic courts, which have jurisdiction over
family law, follow Islamic law, which states that the testimony
of one man equals that of two women.

Most trials are public, as was the 1994 trial of 14 persons
accused in the foiled assassination plot against former
President Bush.  In June the State Security Court convicted 13
defendants and acquitted 1.  It sentenced six defendants to
death and seven to prison terms ranging from 6 months to 12
years.  Like other trials, this one did not meet
internationally accepted standards regarding an independent
judiciary and the evidence required for proving abuse.

There are no reported political prisoners, but the Government
continues to hold persons accused of collaboration with Iraq
during the occupation.  By law such collaboration is a felony.
Most of the people convicted in martial-law courts (including
the majority of collaborators) did not receive a fair trial.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

The Constitution provides for individual privacy and sanctity
of the home.  The police must obtain a warrant to search both
public and private property, unless they are in hot pursuit or
suspect the presence of alcohol or narcotics.  The warrant can
be obtained from the state prosecutor or, in the case of
private property, from a judge.  The security forces
occasionally monitor the activities of individuals and their
communications.

By law males must obtain government approval to marry
foreign-born women.  However, the Government does not
vigorously enforce the restriction, and Kuwaitis routinely
obtain exemptions from the Ministry of Justice.  The Government
also advises women against marrying foreign nationals.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

Several laws empower the Government to impose restrictions on
the freedom of speech and the press, but the Government did not
apply these laws in 1994.  In general, citizens are free to
criticize the Government at public meetings and in the media.
However, the Press Law prohibits the publication of any direct
criticism of the Amir, official government communications with
other states, and material that "might incite people to commit
crimes, create hatred, or spread dissension among the people."
The Government ended censorship in 1992, but journalists still
censor themselves.

Nonetheless, newspapers, which are privately owned, are free to
publish on many social, economic, and political issues, and
frequently criticize government policies and officials,
including the Prime Minister.  The Government does not censor
foreign journalists and permits them open access to the country.

Newspapers must obtain an operating license from the Ministry
of Information.  This licensing power allows the Government
control over the establishment of new publications.  The law
also stipulates that publishers may lose their license if their
publications do not appear for 6 months.  This "6-month" rule
prevents publishers from publishing sporadically--it is not
used to suspend or shut down existing newspapers.  Individuals
must also obtain permission from the Ministry of Information
before publishing any printed material, including brochures and
wall posters.

The Government owns and controls the radio and television
companies.  The Middle East Broadcasting Company and Egyptian
television transmit to Kuwait without censorship.  The
Government does not inhibit the purchase of satellite dishes.
Citizens with such devices are free to watch a variety of
programs, including those broadcast from Israel.

The Ministry of Information has a Censorship Department that
reviews all books, films, videotapes, periodicals, and other
imported publications.  In practice, such censorship is
sporadic and aimed mostly at morally offensive material;
however, political topics may be censored.  The General
Organization of Printing and Publishing controls the printing,
publishing, and distribution of informational material.

Academics conduct their activities with no apparent censorship
of their teaching, research, or writings, while subject to the
same restraints as the media with regard to criticism of the
Amir or Islam.

     b.   Freedom of Peaceful Assembly and Association

Although the Constitution affirms the right to assembly, the
Government bans political parties.  However, several informal
blocs, acting much like parties, coalesced during the 1992
elections and have been present in succeeding National Assembly
sessions.  The Government has made no effort to limit these
groupings, which are organized on the basis of common
ideological goals.  Many of them may be categorized as
"opposition" groups.  Public gatherings, however, must receive
prior government approval, as must private gatherings of more
than five persons that result in the issuance of a public
statement.

Political activity finds its outlet in informal, family-based,
almost exclusively male, social gatherings known as diwaniyas.
Practically every male adult, including the Amir, hosts and
attends diwaniyas, at which every possible topic is discussed
and which contribute to the development of political consensus
and official decisionmaking.

The Government regards all nongovernmental organizations
(NGO's) as illegal unless they obtain a license from the
Ministry of Social Affairs and Labor.  The Government uses its
power to license as a means of political control.  The Ministry
has registered over 55 NGO's, including professional groups,
bar associations, and scientific bodies.  These groups receive
government subsidies for their operating expenses.  They must
obtain permission from the Ministry before attending
international conferences.

However, since 1985 the Ministry has issued only two licenses,
including one in 1994 to the Union of Kuwaiti Womens' Groups,
which is headed by the wife of the Crown Prince.  The Ministry
has disapproved other requests for licenses on the grounds that
previously established NGO's already provide services similar
to those proposed by the petitioners.

Despite the Ministry's refusal to issue additional permits,
private organizations flourish, and their illegal activities
are largely overlooked by the Government.  However, in 1993 the
Cabinet issued a decree ordering all unregistered NGO's to
cease activities.  No organization has challenged this decree
in court.

In September the Ministry of Interior ordered three
unregistered NGO's to vacate the offices that they had
established in unused government buildings.  They complied with
the order.  By banning unregistered NGO's, the Government
sought to dissolve groups whose efforts were not coordinated
with a government committee working for the release of missing
persons presumed held in Iraq.  The Government views these
groups as politically unacceptable (see Section 4).  However,
in issuing the ban, the Government did not cite why it objected
to these groups' activities, aside from the fact that the
groups were unregistered.

The ban prevents unregistered NGO's from holding public
meetings and or being cited in the press, though many groups
continue activities under the patronage of legal institutions,
for example the National Assembly.  The ban also discourages
these groups from fundraising and recruitment.  Some
unregistered NGO's remain open and conduct their activities as
well as possible in a hostile legal environment.

     c.  Freedom of Religion

Islam is the state religion.  The Constitution states that
Islamic law, Shari'a, is "a main source of legislation."  The
ruling family and many prominent families belong to the
denomination of Sunni Islam.  However, 40 percent of the
population belong to the Shi'a denomination.  They are free to
conduct their liturgies and rites without government
interference.  There is a tiny Arab Christian minority which
practices freely, and several legally recognized expatriate
congregations and churches, including a Catholic diocese and an
American-sponsored Protestant church.  Residents who are
members of religions not sanctioned by the Koran (e.g., Hindus,
Sikhs, and Buddhists) may not build places of worship, but may
worship in their homes.  The Government prohibits missionaries
to proselytize among Muslims, but they may serve expatriate
congregations.  The law prohibits religious education for
religions other than Islam, although this law does not appear
to be strictly enforced.  The Government does not permit the
establishment of non-Islamic publishing companies or training
institutions for clergy.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

Citizens have the right to travel freely within the country and
to change their workplace as desired.  Women must obtain
permission from their husbands or a close male relative to
obtain a passport for travel abroad.  Airport authorities
sometimes, but not often, ask female travelers to present the
required documentation before departing the country.
Representatives from NGO's must obtain government permission
before representing Kuwait at international conferences
abroad.  Citizens are free to emigrate and to return.

A serious problem exists in the case of the "bidoon," who are
stateless persons, usually of Iraqi or Iranian descent, who
resided in Kuwait prior to the Iraqi invasion.  The Government
argues that many of the bidoon (the term means "without") are
actually the citizens of other countries, who claim they are
stateless in order to remain in Kuwait, become citizens, and
enjoy the generous government benefits provided to citizens.
Some bidoon have had residency ties to Kuwait for generations.
Others immigrated to Kuwait during the oil boom years.  At the
end of 1994, there were about 117,000 stateless people in
Kuwait, down from the prewar level of about 220,000.  The
Government does not wish to see the return of the bidoon who
departed Kuwait during the Gulf war.  It frequently delays or
denies issuing them entry visas.  This policy imposes serious
hardships and family separations.

In 1994 the Government continued its postwar policy of reducing
the number of Iraqis, bidoon, Palestinians, and other foreign
residents.  However, the Government permits the ICRC to verify
if the deportees object to returning to their country of
origin.  The Government holds those deportees who have
objections at the main deportation center.

In 1993 the Government discontinued its postwar practice of
arresting and deporting Gazan Palestinians for violating
residency laws.  The Government issued 1-year renewable
residency permits to 5,000 of the 8,000 Gazans remaining in
Kuwait, but did not seek to deport those without residency
permits.  Nonetheless, the Government and social pressure
prodded many Gazans to depart Kuwait.

There is no legislation governing refugees.  The Constitution
prohibits the extradition of political refugees.  The Ministry
of Interior issues residency permits to persons granted
political asylum.  The Government does not deport anyone who
claims a fear of persecution at home; but it will often
maintain such persons in detention rather than grant them
permission to live and work in Kuwait.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

Kuwaiti citizens cannot change their system of government.
Women and many others are disfranchised; only 30 percent of
adult citizens are eligible to vote.  Under the Constitution,
the Amir holds executive power and shares legislative power
with the National Assembly.  The Prime Minister presides over a
16-member Cabinet.  In accordance with the practice of the
ruling family, the Prime Minister is always the Crown Prince.

The Constitution empowers the Amir to suspend its provisions
and to rule by decree.  In 1986 the Amir effectively dissolved
the National Assembly by suspending the constitutional
provisions on the Assembly's election.  The Assembly remained
dissolved until 1992.  The Amir had previously dissolved the
Assembly from 1976 to 1981.

An election was held for the National Assembly in 1992 in which
303 candidates ran for the Assembly's 50 seats.  Members serve
4-year terms.  The Constitution empowers the Assembly to
overturn any Amiri decrees made during the dissolution.  After
the election, the Assembly used its power to revoke some
decrees issued from 1986 to 1992.  Since the Government
prohibits political parties, Assembly candidates must nominate
themselves.  Nonetheless, informal political groupings are
active in the Assembly.

Approximately 82,000 citizens, almost the entire franchised
male population at the time, registered to vote in the 1992
election.  In 1994 the Assembly passed legislation extending
the right to vote to the sons of naturalized Kuwaiti citizens,
about 110,000 males.  Previously, the law had restricted
suffrage to adult males who had resided in Kuwait before 1920
and maintained a residence there until 1959, and their male
descendants.  According to the 1994 law, naturalized citizens
who have been naturalized citizens for at least 30 years will
also be eligible to vote in 1996.

A majority of candidates elected in 1992 have stated that they
favored extending the vote to women, but proposals to do so
have been delayed in a legislative committee.  The Amir and the
Prime Minister have publicly stated that they support political
rights for women, but have made no apparent effort to persuade
the National Assembly.