Kuwait reacted rapidly, providing information on steps taken to address concerns about migrant workers and pre-trial detention in April 2012. In its reply, it referred to the future creation of an entity that would be charged with managing the large migrant worker population, to avoid abuse of power by individual employers. Furthermore, a new law limiting pre-trial detention to 48 hours was also adopted. However, it failed to provide information on freedom of expression.
While acknowledging these developments and Kuwait's cooperation with the Committee, following its visit to the country in February 2013, and consultation with civil society organizations in the country, Alkarama was able to highlight the lack of practical change on the ground in its follow up report.
Alkarama's report set out that while in its replies on ensuring the rights of migrant workers, the government expressed its commitment to establishing a public body responsible for this, as of June 2013, no concrete steps were known to have been taken in view of the creation of such a body. Public information on this question remained unclear and no clear timeline had been established for the implementation of the initiative.
Length of pre-trial detention was another urgent priority for the Committee, and it recommended that Kuwait adopt legislation limiting it to 48 hours. The Government largely satisfied this recommendation on paper when the Kuwaiti parliament adopted a law on 10 June 2012, reducing the period of police custody to 48 hours. In practice, the new amendments also appear to be respected, but harassment by the authorities of peaceful activists who use their freedom of expression through judicial prosecution remained of concern.
In fact, the Kuwait reply did not contain any information about what measure it had taken to guarantee the full exercise of freedom of expression and opinion of its citizens. Alkarama expressed particular concern that the issue had not been addressed, and brought the Committee's attention to the restrictive draft 'Unified Media Law' presented to parliament on 8 April 2013. A number of cases of legal persecution of government critics was also set out. Alkarama therefore recommended the Committee remind Kuwait of obligation to provide further information on this point.