E/CN.4/2000/65
page 18
these groups (such as the Charismatic Evangelical Church of Christ and Jehovah’s Witnesses)
through the harassment of their members and/or the denial of registration. Two women lecturers
at the University of Taraz were reportedly moved to lower positions because they had converted
from Islam to Christianity and because their beliefs were regarded as not being in keeping with
the State ideology; they were allegedly warned that their contracts would not be renewed. A
draft bill by the Ministry of Culture, Information and Social Affairs was said to be designed to
strengthen State control over the activities of non-traditional religious associations: one
provision prohibited independent publications and proselytizing activities by foreign religious
organizations. A variety of grounds for a court to suspend the activities of religious associations
was also proposed. The wording, i.e. “to cause harm … to the morals and the health of citizens”,
“coercion leading to the destruction of the family”, was, however, said to be vague.
Kuwait
61.
Despite some progress with regard to women’s rights, women were said to be adversely
affected by certain laws based on religious criteria. They reportedly suffered discrimination in
the following respects: the consent of the husband was compulsory if the wife sought to obtain a
passport; marriage between Muslim women and non-Muslim men was prohibited; and, in the
Islamic courts, the testimony of one man was equivalent to that of two women.
62.
Kuwait replied: “The competent Kuwaiti authorities first wish to stress that Kuwaiti
society, whose foundations are built on justice and equality, firmly rejects all forms of
discrimination and segregation and does not discriminate between men and women, who enjoy
the same rights and freedoms guaranteed by the Constitution. Article 7 of the Constitution
makes the principle of equality one of the basic foundations of Kuwaiti society, article 29
provides that all men are equal in dignity and the preamble makes equality one of the basic
pillars of Kuwaiti society. With regard to allegations that provisions of the legislation of the
State of Kuwait involve discrimination against women, namely, that the testimony of one man is
equivalent to that of two women, and that marriage between Muslim women and non-Muslim
men is prohibited, the Kuwaiti authorities wish to state that these precepts are based on the
provisions of the noble Islamic Sharia, which is one of the main sources of legislation. Thus,
article 2 of the Kuwaiti Constitution provides that: ‘The State religion is Islam and the Sharia
one of the main sources of legislation’. Kuwait is guided by the Sharia and draws inspiration
from its provisions in the laws it enacts in all areas relating to the rights and duties of the
members of the Muslim community, as is the case in all Islamic States. With regard to the fact
that the testimony of one man is equivalent of that of two women, this principle is applicable not
in all cases, but in certain specific situations provided for in Islamic legislation, which does not
make any distinction between the testimony of a man and that of a woman in civil, commercial
and criminal law matters. The prohibition on marriage between Muslim women and
non-Muslim men reflects the wisdom of Islamic legislation, based on the fact that men are the
guardians of women and their offspring and taking account of the details given in the texts of the
fiqh (Islamic writings). The requirement that women have to have their husbands’ consent to
obtain a passport confirms the need to protect the family and safeguard its structures in
accordance with the provisions of the Sharia.”