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.