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Human rights in Kuwait

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Human rights in Kuwait are a topic of significant concern. Most notably, Kuwait's handling of the stateless Bedoon crisis has come under substantial criticism from international human rights organisations and the United Nations.[1][2][3] Kuwait has the largest number of stateless people in the entire region.[2][3] Kuwait also faces significant criticism for the human rights violations against foreign nationals, women, and LGBT people. Although Kuwaiti law (including the Constitution of Kuwait) theoretically pledges to protect all human rights; the enforcement mechanisms designed to help protect human rights are very limited in Kuwait.

Treaties

Kuwait is a party to several international human rights treaties, including[4]

Bedoon

Main article: Bedoon

History

Kuwait has the largest number of stateless people in the entire region.[5] Most stateless Bedoon of Kuwait belong to the northern tribes, especially the Al-Muntafiq tribal confederation.[6][7][8][9][10][11][12][13] The linguist Bruce Ingham studied the northern tribes in Kuwait in the mid 20th century.[14] A minority of stateless Bedoon in Kuwait belong to the 'Ajam community.[15]

Under the terms of the Kuwait Nationality Law 15/1959, all the Bedoon in Kuwait are eligible for Kuwaiti nationality by naturalization.[16] In practice, it is widely believed that Sunnis of Persian descent or tribal Saudis can readily achieve Kuwaiti naturalization whilst Bedoon of Iraqi tribal ancestry cannot.[17] As a result, many Bedoon in Kuwait feel pressured to hide their background.[18]

From 1965 until 1985, the Bedoon were treated as Kuwaiti citizens and guaranteed citizenship: they had free access to education, health care and all the other privileges of citizenship.[2] The stateless Bedoon constituted 80-90% of the Kuwaiti Army in the 1970s and 1980s until the Gulf War.[19]

In 1985 at the height of the Iran–Iraq War, the Bedoon were reclassified as "illegal residents" and denied Kuwaiti citizenship and its accompanying privileges.[2][19][20] The Iran–Iraq War threatened Kuwait's internal stability and the authorities feared the sectarian background of the stateless Bedoon.[19] The Bedoon issue in Kuwait “overlaps with historic sensitivities about Iraqi influence inside Kuwait”, with many of those denied Kuwaiti nationality being believed to have originated from Iraq.[21]

In 1985, the then emir, Jaber Al-Ahmad Al-Sabah, escaped an assassination attempt.[22][23] After the assassination attempt, the government changed the Bedoon's status from that of legal residents to illegal residents.[19] By 1986, the Bedoon were fully excluded from the same social and economic rights as Kuwaiti citizens.

Since 1986, the Kuwaiti government has refused to grant any form of documentation to the Bedoon, including birth certificates, death certificates, identity cards, marriage certificates, and driving licences. The Bedoon also face many restrictions in employment, travel and education. They are not permitted to educate their children in state schools and universities.

In 1995, Human Rights Watch reported that there were 300,000 stateless Bedoon, and this number was formally repeated by the British government.[24][25]

According to several human rights organizations, the State of Kuwait is committing ethnic cleansing and genocide against the stateless Bedoon.[3][10] The Kuwaiti Bedoon crisis resembles the Rohingya crisis in Myanmar.[16] In 1995, it was reported in the British parliament that the Al Sabah ruling family had deported 150,000 stateless Bedoon to refugee camps in the Kuwaiti desert near the Iraqi border with minimal water, insufficient food and no basic shelter, and that they were threatened with death if they returned to their homes in Kuwait City.[25][13] As a result, many of the stateless Bedoon fled to Iraq, where they remain stateless people even today.[26][27] The Kuwaiti government also stands accused of attempting to falsify their nationalities in official state documents.[28] There have been reports of forced disappearances and mass graves of Bedoon.[3][29][30][31][32][33][13]

The 1995 Human Rights Watch report stated:

"The totality of the treatment of the Bedoons amounts to a policy of denationalization of native residents, relegating them to an apartheid-like existence in their own country. The Kuwaiti government policy of harassment and intimidation of the Bedoons and of denying them the right to lawful residence, employment, travel and movement, contravene basic principles of human rights. Denial of citizenship to the Bedoons clearly violates international law. Denying Bedoons the right to petition the courts to challenge governmental decisions regarding their claims to citizenship and lawful residence in the country violates the universal right to due process of law and equality before the law."[25]

British MP George Galloway stated:

"Of all the human rights atrocities committed by the ruling family in Kuwait, the worst and the greatest is that against the people known as the Bedoons. There are more than 300,000 Bedoons—one third of Kuwait's native population. Half of them—150,000—have been driven into refugee camps in the desert across the Iraqi border by the regime and left there to bake and to rot. The other 150,000 are treated not as second-class or even fifth-class citizens, but not as any sort of citizen. They are bereft of all rights. It is a scandal that almost no one in the world cares a thing about the plight of 300,000 people, 150,000 of them cast out of the land in which they have lived [when] many have lived in the Kuwaiti area for many centuries."[25]

By 2004, the Bedoon accounted for only 40% of the Kuwaiti Army, a major reduction from their presence in the 1970s and 1980s.[34] In 2013, the UK government estimated that there were 110,729 "documented" Bedoon in Kuwait, without giving a total estimate, but noting that all stateless individuals in Kuwait remain at risk of persecution and human rights breaches.[35] The Bedoon are generally categorized into three groups: stateless tribespeople, stateless police/military and the stateless children of Kuwaiti women who married Bedoon men.[19] According to the Kuwaiti government, there are only 93,000 "documented" Bedoon in Kuwait.[35] In 2018, the Kuwaiti government claimed that it would naturalize up to 4,000 stateless Bedoon per year but this is considered unlikely.[17][36] In 2019, the Iranian embassy in Kuwait announced that it offers Iranian citizenship to stateless Bedoon of Iranian ancestry.[37][38]

In recent years, the rate of suicide among Bedoon has risen sharply.[2]

Citizenship and the Revocation of Nationality

The revocation of citizenship in Kuwait has been a contentious human rights issue. According to Kuwait’s nationality laws, the government has the authority to strip individuals of their Kuwaiti citizenship under certain circumstances.[39] These laws, particularly as outlined in the amended (September 2024) version of the 1959 nationality law, allow for citizenship to be revoked for reasons such as fraud, dishonesty in acquiring citizenship, involvement in crimes affecting national security, or promoting ideologies that undermine the state's economic or social systems.[39] Additionally, citizenship can be withdrawn if it is deemed in the interest of national security, even for naturalized individuals, leaving them stateless or reverting them to a previous nationality if applicable.[39]

The lack of transparency and recourse in the process of revoking citizenship, as well as its arbitrary application, is considered a violation of international human rights norms.[39] The practice affects both naturalized citizens and, to some extent, long-term residents such as the stateless Bedoon community. A specific issue is that once an individual's citizenship is revoked, they may be referred to the "Central Agency for Illegal Residents," which handles stateless individuals, further deepening the issue of statelessness in Kuwait.[39]

The law also impacts women, as children of Kuwaiti women married to non-Kuwaitis are no longer granted automatic citizenship, further complicating their legal status.[39] This policy has drawn criticism from human rights organizations, as it discriminates against women by denying their children rights afforded to children of Kuwaiti fathers.[39]

Human rights organizations such as Amnesty International and Human Rights Watch have raised concerns over the potential for statelessness, lack of due process in citizenship revocations, and the discriminatory impact on certain groups, including Bedoon, women, and foreign nationals. Kuwait’s policy contradicts international treaties such as the Universal Declaration of Human Rights, which states that "everyone has the right to a nationality" and "no one shall be arbitrarily deprived of his nationality."[39]

Demographic engineering

The State of Kuwait formally has an official Nationality Law that grants non-nationals a legal pathway to obtaining citizenship.[40] However, as access to citizenship in Kuwait is autocratically controlled by the Al Sabah ruling family it is not subject to any external regulatory supervision.[41][40] The naturalization provisions within the Nationality Law are arbitrarily implemented and lack transparency.[40][41] The lack of transparency prevents non-nationals from receiving a fair opportunity to obtain citizenship.[1][41] Consequently, the Al Sabah ruling family have been able to manipulate naturalization for politically motivated reasons.[41][42][43][44][45][1][46][47][48] In the three decades after independence in 1961, the Al Sabah ruling family naturalized hundreds of thousands of foreign Bedouin immigrants predominantly from Saudi Arabia.[44][49][41][46][42][47][43][1][48][50] By 1980, as many as 200,000 immigrants were naturalized in Kuwait.[49] Throughout the 1980s, the Al Sabah's politically motivated naturalization policy continued.[49][41] The naturalizations were not regulated nor sanctioned by Kuwaiti law.[41][42][44][50] The exact number of naturalizations is unknown but it is estimated that up to 400,000 immigrants were unlawfully naturalized in Kuwait.[50][44] The foreign Bedouin immigrants were mainly naturalized to alter the demographic makeup of the citizen population in a way that made the power of the Al Sabah ruling family more secure.[45][41][42][44] As a result of the politically motivated naturalizations, the number of naturalized citizens exceeds the number of Bedoon in Kuwait.[1] The Al Sabah ruling family actively encouraged foreign Bedouin immigrants to migrate to Kuwait.[49] The Al Sabah ruling family favored naturalizing Bedouin immigrants because they were considered loyal to the ruling family, unlike the politically active Palestinian, Lebanese, and Syrian expats in Kuwait.[49] The naturalized citizens were predominantly Sunni Saudi immigrants from southern tribes.[48][44][42] Accordingly, none of the stateless Bedoon in Kuwait belong to the Ajman tribe.[42]

The Kuwaiti judicial system's lack of authority to rule on citizenship further complicates the Bedoon crisis, leaving Bedoon no access to the judiciary to present evidence and plead their case for citizenship.[1] Although non-nationals constitute 70% of Kuwait's total population the Al Sabah ruling family persistently denies citizenship to most non-nationals, including those who fully satisfy the requirements for naturalization as stipulated in the state's official Nationality Law. There is no official national census disclosing sectarian affiliation in Kuwait. However, it is estimated that 60-80% of Kuwait's Bedoon are Shia Muslims[51][52][53][8][54] and, as a result, it is widely believed that the Bedoon issue in Kuwait is sectarian in nature.[51][53][52][55][8][56][54] The Kuwaiti authorities permit the forgery of hundreds of thousands of politically motivated naturalizations[1][50] whilst simultaneously denying citizenship to the Bedoon.[1][50] The politically motivated naturalizations were noted by the United Nations, political activists, scholars, researchers and even members of the Al Sabah family.[1][41][42][44][45][43][57][46][49][47][50] It is widely considered a form of deliberate demographic engineering and has been likened to Bahrain's politically motivated naturalization policy.[41][45][48] Within the GCC countries, politically-motivated naturalization policies are referred to as "political naturalization" (التجنيس السياسي).[41]

Asylum seekers in Europe

See also: English Channel migrant crossings (2018–present)

A large number of stateless Bedoon regularly immigrate to Europe as asylum seekers. The United Kingdom is the most popular destination for Bedoom asylum seekers. According to the Home Office, Kuwait is the eighth largest source of asylum seekers crossing the English Channel on small boats.[58][59][60]

Shia Muslim citizens

In recent years, several Shia citizens have reported cases of torture, forced disappearance, unfair trial, arbitrary detention, extrajudicial punishment, and other human rights abuses.[61][62][63][64][65][66][67] The International Rehabilitation Council for Torture Victims and United Nations criticized the Kuwaiti authorities' treatment of the so-called "Abdali Cell".[64][65][66][67] In November 2021, Kuwait arbitrarily detained eight elderly Shia Kuwaiti men without any charges.[61][68][62][63]

Foreign nationals

Main article: Expatriates in Kuwait

Human rights organizations frequently criticize Kuwait for the human rights abuses toward foreign nationals. Foreign nationals account for 70% of Kuwait's total population. The kafala system leaves foreign nationals prone to exploitation. Administrative deportation is very common in Kuwait for minor offenses, including minor traffic violations. Kuwait is one of the world's worst offenders in human trafficking. Hundreds of thousands of foreign nationals are subjected to numerous human rights abuses including inhumane conditions of involuntary servitude by employers in Kuwait. They are subjected to physical and sexual abuse, non-payment of wages, poor work conditions, threats, confinement to the home, and withholding of passports to restrict their freedom of movement.[69][70]

Repeated abusers include M A Al-Kharafi & Sons and its subsidiary Kharafi National that have been cited by human rights organizations and the United States Department of State Country Report on Human Rights Practices for Kuwait.[71][72][73] Many human rights organizations have accused Kuwait of apartheid policies toward foreign nationals. Kuwait is considered one of the most xenophobic countries in the world.

Diplomatic crisis

See also: 2018 Kuwait–Philippines diplomatic crisis

In 2018, there was a diplomatic crisis between Kuwait and the Philippines due to the mistreatment of Filipino workers in Kuwait. There are roughly 241,000 Filipinos in Kuwait. Most are migrant workers,[74] and approximately 60% of Filipinos in Kuwait are employed as domestic workers. In July 2018, Kuwaiti fashionista Sondos Alqattan released a controversial video criticising domestic workers from the Philippines. Many of her clients were quick to denounce her.[75]

In 2020, there was a diplomatic crisis between Kuwait and Egypt due to the mistreatment of Egyptian workers in Kuwait.[76] In November 2021, Egyptian foreign worker Samih Maurice Bowles filed official complaints against Kuwait in front of the United Nations Working Group on Arbitrary Detention and the United Nations Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment for torture, forced disappearance, arbitrary detention, and other human rights abuses.[77]

Children

Camel racing is a popular sport in many Middle Eastern countries. In the past, children have been employed as jockeys were severely mistreated.[78]

War crimes

Main article: Gulf War

In 1990, Iraq invaded Kuwait; the Iraqi military forces committed many human rights violations against Kuwaiti citizens, stateless Bedoon, and foreign nationals in Kuwait. Some were taken back to Iraq and released later.[79]

Women's rights

Main article: Women in Kuwait

Human rights organizations persistently criticize the unequal status of women in Kuwait. The United Nations Working Group warned against the persistent barriers, both in law and in practice, on the path of women's quest for full equality.[80] UN human rights experts Alda Facio and Kamala Chandrakirana said despite significant achievements, "discrimination against women persists in law and in practice, particularly in the context of the family and nationality laws, based on the presumption of women's dependence on men, which is contrary to the principle of equality."[80] Muslim women in Kuwait are discriminated against under the family law. Children born to a Kuwaiti mother and non-Kuwaiti father do not get Kuwaiti citizenship, unless a decree is passed by the Minister of Interior.[81]

Kuwait's position in international rankings has varied over the years. In 2014, Kuwait was ranked 113 of 142 globally in the Global Gender Gap Report,[82][83] the country improved its ranking due to significant increases in the overall income indicator. In 2015, Kuwait was ranked 117 of 145 globally in the Global Gender Index.[84] In 2020, Kuwait was ranked 122 of 153 globally in the Global Gender Gap Report. Regarding the GGGR subindex, Kuwait ranked 142 of 152 on political empowerment 143 of 153 on health and survival, 120 of 153 on economic opportunity, and 57 of 153 on educational attainment.[85] In 2021, Kuwait was ranked 143 of 156 globally in the Global Gender Gap Report.[86] Regarding the GGGR subindex, Kuwait ranked 153 of 156 on political empowerment, 94 of 156 on health and survival, 137 of 156 on economic opportunity, and 59 of 156 on educational attainment.[86] In 2013, 53% of Kuwaiti women participated in the labor force.[87] Kuwaiti women outnumber men in the workforce.[88]

LGBT rights

Main article: LGBT rights in Kuwait

LGBT people living in Kuwait face discriminatory laws and public attitudes. The penal code contains some general provisions against debauchery and immorality that can be used to punish LGBT people.

  • Article 193 of the Penal Code punishes "consensual intercourse between men of full age (from the age of 21)" with a term of imprisonment of up to seven years.[89]
  • Article 198 prohibits public immorality. In 2008, the law was expanded to also outlaw "imitating the appearance of a member of the opposite sex" with fines and or imprisonment.[90]

Foreign nationals infected with AIDS/HIV are deported.[91]

Media freedom

Voice over Internet Protocol is legal in Kuwait.[92]

According to a 2009 report from the Reporters without Borders, Kuwait is engaged in pervasive Internet filtering and selective filtering in security areas. The primary target of Internet filtering is pornography. The Kuwait Ministry of Communication regulates ISPs, making them block pornography and anti-security websites.[93]

See also

References

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  87. ^ "Kuwait: Selected Issues" (PDF). p. 17. Kuwait has higher female labor market participation than other GCC countries; further improvements in labor force participation can support future growth prospects. Kuwait's labor force participation rate for Kuwaiti women (53 percent) is slightly above the world average (51 percent) and much higher than the MENA average (21 percent).
  88. ^ "Kuwait leads Gulf states in women in workforce". Gulf News. 8 April 2016. Archived from the original on 14 May 2016.
  89. ^ "STATE-SPONSORED HOMOPHOBIA" (PDF). Retrieved 2021-06-01.
  90. ^ "Cross-dressers' heads shaved in Kuwait". gulfnews.com. 17 August 2016. Retrieved 2019-06-26.
  91. ^ "Kuwait deports 13,000 foreigners in just nine months". www.internationalinvestment.net. 2018-09-28. Retrieved 2020-11-14.
  92. ^ "Nokia Networks' Zain Make Kuwait's First High-definition Voice Call in Live LTE Network". Retrieved 2014-07-26.
  93. ^ "Kuwait: State of the media", Menassat
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