05 July 2013

Kuwait: Alkarama follow up report highlights growing freedom of expression concerns

Today, Alkarama provided the Human Rights Committee with follow up information [link to report] about Kuwait's implementation of its obligations under the International Covenant on Civil and Political Rights. This was in view of the Committee's 108th session,scheduled for 8-26 July 2013. While legislation that addresses has been adopted to address some of the concerns highlighted by the Human Rights Committee, responsible for inspecting progress of treaty implementation, the reality is much less favourable, with erosion in essential rights, especially freedom of expression and the media.

During the November 2011 review of Kuwait, the Committee charged with inspecting the implementation of state obligations had selected three urgent recommendations that needed to be addressed within one year; namely that relating migrant workers, length and conditions of pre-trial detention, and freedom of expression. Kuwait was also required to provide information on what steps it had taken to implement these recommendations by November 2012.

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.

Alkarama will continue to track the situation in Kuwait, particularly on those points which remain unfulfilled, namely ensuring protection of migrant workers and freedom of the media, opinion and expression.

Kuwait - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

ICCPR: Accessed on 21.05.1996
Optional Protocol: No

State report: Due 02.11.2014 (3rd)
Last concluding observations: 22.12.2011

Convention against Torture (CAT)

CAT: Accessed on 08.03.1996
Optional Protocol: No
Art. 20 (Confidential inquiry): No
Art. 22 (Individual communications): No

Next State report: Due on 03.06.2015 (3rd)
Last concluding observations: 28.06.2011

International Convention for the Protection of all Persons from Enforced Disappearance (CED)

No

Universal Periodic Review (UPR)

Last review: 05.2010 (1st cycle)
Next review: 2015 (2nd cycle)

National Human Rights Institution (NHRI)

No