E/CN.4/1997/71/Add.2 page 15 65. Kuwait is the only country in the Gulf with an elected parliament. A parliamentary committee on human rights was established on 25 November 1992. Kuwait has the most advanced Constitution in the region and has ratified numerous human rights conventions, including the International Convention on the Elimination of All Forms of Racial Discrimination. 66. Kuwait is committed to the advancement of women; for example, it is proud of having placed women in posts of responsibility: a Secretary of State for Higher Education, a University “director” and the Kuwaiti Ambassadress to South Africa. However, the Committee on Women and Development deplores the fact that only 6-8 per cent of decision-making posts are held by women, that, out of 4,000 government employees, there are only 200 women in administrative and managerial posts and that women have no political rights although, after a relentless struggle, this situation is being changed. 67. There are no signs of discrimination against foreigners in Kuwait, but rather an unacknowleged “national preference” on the part of a people that is a minority in its own country and sensitive to a foreign presence that massively outweighs its own in the field of employment. The legislative and social systems, conflicting and incoherent, result in the exploitation of workers, particularly unskilled and domestic workers. There are suggestions of non-violent xenophobia aimed at protecting Kuwaitis from foreigners. The prisoners at the Dasma Detention Centre and the Talha prison informed the Special Rapporteur that, in cases of conflict between a Kuwaiti employer and his employee or servant, the employee is imprisoned before any investigation is made and the Kuwaiti employer's statements are always accepted as fact. The administration has extremely broad powers, and there are no judicial guarantees to protect employees, undocumented persons and Bidun. The situation of foreigners and, in particular, that of unskilled and domestic workers, is a source of particular concern and is linked to the fact that there is no labour legislation guaranteeing the rights of all workers. Uniform, unambiguous legislation conforming to the international conventions ratified by Kuwait and guaranteed by an equitable system of justice, would make it possible to deal with the situation of foreigners on the Kuwaiti job market and thus ensure respect for human rights. 68. In the interests of Kuwait's reputation, the question of the Bidun, persons with no specific nationality or illegal residents, should be settled once and for all in an equitable and humane fashion. 69. The Special Rapporteur would like to reiterate the recommendations that he addressed to the Government at the end of his mission: (a) That priority should be given to finding a definitive, humane and equitable solution to the problem of the Bidun, some of whom appear to be stateless in their own country, and to guarantee them access to social services; (b) That legislation and a uniform labour code, in conformity with international conventions, should be adopted and its application enforced; to that end, that the Government should continue to cooperate with the International Labour Organization (ILO) in finalizing the bill prepared with ILO's technical assistance;

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