KUWAIT

• Constitution of Kuwait
• Amir of Kuwait (in Arabic)
• National Assembly of Kuwait

Kuwait is a constitutional, hereditary amirate ruled by princes (Amirs) drawn from the Al-Sabah family. Upon the death of an amir, the crown prince assumes his position. A new crown prince is then selected by members of the Sabah family from among the direct descendants of Mubarak the Great. Under the constitution, the designation is subject to the approval of the National Assembly.

Under the Constitution the National Assembly has a limited role in approving the Amir's choice of Crown Prince (that is, the future Amir). If the National Assembly rejects his nominee, the Amir then submits three names, from which the assembly must choose the new Crown Prince. The Amir traditionally has appointed the Crown Prince to be Prime Minister, although this is not mandatory; the Crown Prince appoints the members of the Government.

However, the elected National Assembly has demonstrated the ability at times to influence or overturn decisions of the Government. Members regularly require ministers to appear before the full Assembly for formal question sessions when they are dissatisfied with the Government's performance. On occasion, pressure exerted by the National Assembly, including through votes of no confidence, has led to the resignation or removal of ministers.

Although the Amir maintains the final word on most government policies and has the constitutional power to suspend any or all of the Constitution's provisions by decree, the National Assembly plays a real role in decision-making, with powers to initiate legislation, question government ministers, and express lack of confidence in individual ministers. No political parties exist in Kuwait, although there are groupings (such as extended families) that function like parties. The ideological representation in the Kuwaiti National Assembly is broad, with a majority of the 1992 Assembly members being considered as "opposition" in their orientation.

Source: U.S. Department of State

Kuwait's secular court system tries both civil and criminal cases. The Court of Cassation is the highest level of judicial appeal. Sunni and Shi'a Muslims have recourse to courts of their respective branches for family law cases. The Government established a Shi'a appellate court in 2000 that operated throughout the year. In the secular courts no groups are barred from testifying. Most courts consider men and women's testimonies equally; however, in the family courts the testimony of one man is equal to the testimony of two women.

Both defendants and prosecutors may appeal court verdicts to the High Court of Appeal, which may rule on whether the law was applied properly as well as on the guilt or innocence of the defendant. Decisions of the High Court of Appeal may be presented to the Court of Cassation, which conducts a limited, formal review of cases to determine only whether the law was applied properly.

The Amir has the constitutional power to pardon or commute all sentences. He also appoints all judges, and the renewal of judicial appointments is subject to government approval. Judges who are citizens have lifetime appointments; however, the majority of judges are noncitizens. Noncitizen judges hold 1- to 3-year renewable contracts, which undermine their independence. The Ministry of Justice may remove judges for cause, but rarely does so.

Source: U.S. Department of State

• Amnesty International - Report 2002
• U.S. Department of State Report on Human Rights Practices - 2001

The Kuwaiti Government generally respected the human rights of its citizens in many areas in 2001, and there were some improvements during the year; however, its record was poor in some significant areas. Some police and members of the security forces abused detainees during interrogation. Overcrowding in the prisons continued to be a problem; however, the Government neared completion on two new buildings for the Central Prison, which were expected to open by May 2002, and finalized plans for three additional buildings scheduled to be built between February and December 2002.

The judiciary is subject to government influence, and a pattern of bias against foreign residents exists. The Government infringes on citizens' privacy rights in some areas. Security forces occasionally monitor the activities of individuals and their communications. Men must obtain government approval to marry foreign-born women. The law empowers the Government to impose restrictions on freedom of speech and the press, and it uses threats to induce journalists to practice self-censorship. The Government restricts freedom of assembly and association. The Government places some limits on freedom of religion and freedom of movement. Deportation orders may be issued by administrative order, and detention facilities are estimated to hold over 250 potential deportees, some for up to 6 months. Violence and discrimination against women are problems. Discrimination against noncitizens persists.

The Government acknowledges that a serious problem exists in the case of the "bidoon," Arabs who have residency ties to the country--some going back for generations, some for briefer periods--but who claim to have no documentation of their nationality. Before the Gulf War, there were approximately 220,000 bidoon in Kuwait; at year's end, there were an estimated 80,000 bidoon, down from a total of 110,000 in 2000, as 30,000 bidoon were naturalized, admitted to another Arab nationality, or acquired another status by purchasing fraudulent passports from other countries. In June 2000, the National Assembly passed a law requiring that bidoon register with the Government to begin a process in which some could be documented as citizens. Those who failed to register would be considered illegal residents. The Government maintains that many bidoon are concealing their true nationality. It reports that 39,000 were documented in the last 18 months as nationals of other countries, primarily Syria and Saudi Arabia, and that an estimated 40 to 50 percent of the remaining cases are suspected nationals of other countries. The Government had stated that it would take punitive action against those who did not rectify their stateless status by the June 2000 deadline, although no such action had been taken by year's end. The number of bidoon purchasing fraudulent passports reportedly is on the rise.

The abuse of foreign women working as domestic servants is a significant problem, and there are continuing reports of the rape of these women by their employers and coworkers. Dozens of domestic servants reportedly committed or attempted to commit suicide during the year because of desperation over poor working conditions. The Government restricts worker rights. The Labor Law does not protect domestic workers, whose situation remains poor. Unskilled foreign workers suffer from the lack of a minimum wage in the private sector, from the Government's failure to enforce the Labor Law, and at times physical abuse; some work under conditions that, in effect, constitute indentured servitude. Young boys are used as jockeys in camel races. There were two reports of procurers kidnaping domestic servants off the street and forcing them into prostitution; in both cases, the criminals were arrested and the women were rescued.

Source: U.S. Department of State

• Kuwait Law Firms (Martindale-Hubbell)

• Kuwait University