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;