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243.
In addition, the provisions of article 1 of the aforementioned Act are
redundant, since they confirm the actual state of affairs, whereby Kuwaiti women
comply with the precepts of the Isla mic sharia, which do not negate freedom of
religion or deny rights, but are simply there to ensure that women are respected and
that they respect themselves. This clause is there to help women and not to harm
them.
244.
With regard to the Special Rapporteur’s requests for clarification, the
competent authority’s reply had been summarized in the following points:
(a) The amendment to the Act was intended to grant women the right to
stand for election and the right to vote;
(b) Generally speaking, elections to the National Assembly are monitored
by the sub committees and the main committees of the electoral
commission, under the chairmanship of a judge or public prosecutor, and by
the National Assembly and the Constitutional Court. Each body carries out
this task in accordance with its respective functions and pursuant to the
Parliamentary Elections Act No. 35 of 1962, as amended, and Act No. 14 of
1973, concerning the establishment of the Constitutional Court;
(c) The clause in article 1 of the Act No. 17 of 2005, providing that
women who stand for election and who vote must comply with the precepts
of the Islamic sharia, has no influence whatever on women’s right to stand
for election and to vote;
(d) With regard to safeguarding the religious rights of minorities, suffice it
to say that article 29 of the Constitution of Kuwait provides: “All people
are equal in human dignity and with respect to their public rights and duties
before the law. There shall be no distinction among them on grounds of
sex, origin, la nguage or religion.” Article 35 stipulates: “Freedom of belief
is absolute. The State shall protect freedom of worship in accordance with
prevailing customs and without prejudice to public order or morals.”
Observations
245.
The Special Rapporteur is grate ful for the details provided in the
Government’s response.
Malaysia
Communication sent on 12 October 2005
246. The Special Rapporteur had received information concerning a decision by
Malaysia’s Court of Appeal according to which conversions from Islam to another
religion have to be authorised by sharia courts in the case of Lina Joy, formerly
Azlina Jailani, aged 41.
247. Lina Joy, a former Muslim who converted to Christianity in the late 1980s, had
approached the National Registration Department (NRD) in Febr uary 1997 in order to
request that her name and religious status be changed on her identity card. The
application was rejected in August 1997 on the grounds that the sharia court had not
granted permission for her to renounce Islam. When she appealed the decision, in
1998, the NRD allowed the name change, but refused to change the religious status on