E/CN.4/2000/16
page 39
3. Procedure for examining the files of persons detained in holding
centres and conditions of expulsion
164. The period of detention in a holding centre may not exceed the “time strictly necessary”
to arrange the departure of the foreigner. In addition, although the initial decision to place a
person in a holding centre lies with the administrative authorities, the judiciary is informed after
a period of 48 hours has elapsed and has sole power to authorize that person’s continued
detention in a centre for an initial period, which initially may not exceed five days but may be
extended by a further five days. Thus the maximum period of administrative detention in a
holding centre in France is 12 days.
165. As regards the conditions of expulsion of “illegal” entrants, the practice of escorting them
to the frontier in groups has been discontinued. In accordance with the recommendations of the
Special Rapporteur, the French authorities guarantee respect for the dignity of persons deported
and do not have recourse to procedures considered “degrading”.
C. Kuwait
166. Following the visit by the Special Rapporteur to Kuwait in November 1996 (see
E/CN.4/1997/71/Add.2), the Kuwaiti Government states that the following measures have been
taken to apply the recommendations of the Special Rapporteur.
1. Cases of persons illegally resident in Kuwait
167. The Kuwaiti authorities have adopted Decree No. 58 of 1996 to establish a commission
responsible for dealing with the problem of foreigners whose presence in the country is
undocumented. This decree is the best illustration of the determination of the Kuwaiti
Government to provide a definitive solution to this problem. In accordance with the
recommendations of the Commission, a number of undocumented foreigners in the country, and
in particular the children of martyrs - in recognition of the sacrifice accepted by their parents and the children of Kuwaiti widows who were married to persons of unknown nationality, have,
in the light of their peculiar circumstances and recognized standards in that field, been granted
Kuwaiti nationality. The Commission is at present working unremittingly to obtain Kuwaiti
nationality for all persons entitled to it under the law.
2. Creation of an agency for the recruitment and placement
of foreign skilled and unskilled labour
168. A directorate for domestic staff has been established in the Ministry of the Interior. Its
principal tasks consist of enforcing the provisions and rules laid down in the legislation on the
organization of recruitment agencies for domestic workers and to receive applications for work
permits from recruitment agencies for foreign domestic workers. It is also empowered to watch
for breaches of the law, to prepare reports on agencies and individual workers who breach the
law and where necessary turn them over to the competent authorities for the adoption of
appropriate measures.