A/71/325
xenophobia and related intolerance in the triennial National Plan of Action against
Racism and Xenophobia adopted in September 2015.
23. The Government highlighted the creation of the Media and Social Network
Observatory on hate speech in January 2016, which is focused on reporting hate
speech posted online and also at analysing, learning about and understanding the
issue. Thousands of online posts are analysed on a day-by-day basis, and a
substantial portion of the posts are catalogued and included in thematic reports.
Others, a lesser proportion but considered to be of a strongly discriminatory nature,
are reported to social networks for removal or to law enforcement for investigation
and prosecution.
24. The Government pointed out the holding of a three-day training workshop for
law enforcement agencies organized by the Observatory for Security against
Discriminatory Acts to increase police awareness of the measures to prevent and
combat discrimination, in particular hate crime and hate speech. In May 2013, the
Observatory and the OSCE Office for Democratic Institutions and Human Rights
signed a memorandum of understanding regarding the implementation of the
“Training against hate crimes for law enforcement” programme. The Observatory is
a member of the European Union (EU) Fundamental Rights Agency ’s Working party
on improving reporting and recording of hate crime in the European Union. The
working party was established in November 2014 in response to the “Council
conclusions on combating hate crime in the European Union” adopted by the EU
Council in 2013, in which the Council invited Member States to take appropriate
measures to encourage the reporting of hate crimes by victims and witnesses.
E.
Kuwait
25. The Government of Kuwait stressed that it does not encourage Nazism,
neo-Nazism or other such practices and that incidents and manifestations of that
kind do not exist in the country and are forbidden by law. The Government stressed
the fact that Kuwait has ratified various international treaties designed to combat all
forms of racism, including the ratification of the International Convention of the
Elimination of All Forms of Racial Discrimination. When international treaties
ratified by Kuwait enter into force, they become an integral part of national
legislation. As a consequence, all Government agencies, as well as individuals, are
bound to abide by their provisions, and the judiciary must ensure that such
provisions are respected.
26. The Government mentioned several provisions in the Constitution, including
article 7, which cites equality as one of the pillars of society, and article 29, which
enshrines the general principle of non-discrimination. The Government explained
that discrimination on the grounds of “colour” and “property” is not mentioned
because there is no racial discrimination in Kuwait and that the wording of the
article is sufficient to dispel any doubts. Article 35 of the Constitution guarantees
freedom of belief. Article 166 of the Constitution enshrines the right to take legal
action without discrimination or distinction. Therefore, anyone whose rights have
been violated has the right of recourse to the Kuwaiti courts to seek judicial
protection.
27. The Government made reference to specific pieces of legislation that include
provisions aimed at combating racial discrimination and racism, including article 6
16-13939
7/20