E/CN.4/1997/71/Add.2
page 11
distinction must be made between domestic work, which Kuwaitis refuse to
do, and the skilled jobs which they hope to obtain but which require a
long period of training.”
41.
Kuwaitis are aware of the problems posed by the Bidun and by the almost
inescapable need for foreign workers, both skilled and unskilled. Most of
those interviewed by the Special Rapporteur agree that “human rights,
including those of prisoners since they are human beings, must be respected,
all the more so when the people in question are domestic workers who live with
the families for whom they work and when it is merely a matter of disputes
between employer and employee”. They value Kuwait's reputation as the most
open, democratic and hospitable of countries. The Kuwaiti Human Rights
Association, a branch of the Arab Organization for Human Rights, which has its
headquarters in Cairo, has committed itself to the promotion of human rights.
The Association has not yet been recognized by the Government, it says that
NGOs have no official status in Kuwait. It cooperates with the National
Assembly's Human Rights Committee and has placed before the National Assembly
a bill which would grant it recognition as the National Human Rights
Association. The bill has been considered but has not yet been passed.
42.
There is also a progressive party, composed of the élite, writers and
journalists, which monitors respect for human rights and, through publications
and in the press, criticizes and castigates the Government and exposes ill
treatment of foreign and, particularly, domestic workers. Courses on human
rights are offered by the University, and many of the professors in the
Faculty of Law are advisers to the Government and the National Assembly.
II.
BIDUN, AN EVOLVING CONCEPT
43.
The Special Rapporteur will attempt to clarify a problem which appears
simple but has been complicated by Kuwait's political history and its
conflicting and incoherent legislation. His explanation is based on
interviews with various individuals, both official and non-official and, in
particular, on his meetings with officials from the Ministries of the Interior
and Social Affairs, the National Assembly's Human Rights Committee, the
Chairman of the committee responsible for dealing with cases involving illegal
residents, university professors and journalists. From those meetings, the
following picture emerged.
A.
A policy of national assimilation and integration
44.
The peoples of Kuwait came from Arabia about 200 years ago; they include
nomads, shepherds and pearl fishers. The discovery of oil in 1946 produced a
flood of migrant workers and other persons from neighbouring countries. The
Act governing nationality and the residence of foreigners was adopted in 1959.
Under that Act, (a) anyone who settled in Kuwait prior to 1920 is considered a
native-born Kuwaiti; (b) anyone who arrived after 1920 is considered a
naturalized Kuwaiti; (c) pursuant to article 25 (d), nomads are exempt from
the need for entry visas and residence permits and may come and go as they
wish.
45.
It was later decided that there was a lacuna in the Act, and
article 25 (d) was deleted. As a result, some Bidun who had ceased to wander