Committee
on the Elimination of
Discrimination against Women
Thirtieth session
12-30 January 2004
Concluding
comments: Kuwait
1. The Committee
considered the combined initial and second period report of Kuwait
(CEDAW/C/KWT/1-2) at its 634th, 635th and 643rd meetings, on 15
and 22 January 2004 (see CEDAW/C/SR.634, 635 and 643).
Introduction by the State party
2. In introducing her country's combined initial and second periodic
report, the representative of Kuwait stated that her Government
had acceded to the Convention on the Elimination of All Forms
of Discrimination against Women in 1994. The report highlighted
the general, legal, social, economic and political framework and
the policy of the State towards the elimination of discrimination
against women as well as the constitutional and legislative provisions
relating to the articles of the Convention.
3. The representative noted that some challenges to the elimination
of discrimination against women remained ahead, for example in
regard to women's enjoyment of full political rights. His Highness
the Amir had attempted to remedy that situation by adoption of
an Amiri Decree in May 1999, which was, however, subsequently
defeated in the National Assembly by a very slim margin. In order
to rectify that situation, the Government had recently announced
its intention to present, during the current legislative session,
legislation that would grant women their full political rights.
4. A multitude of mechanisms had been created to guarantee women
the full enjoyment of their fundamental freedoms and rights. Among
such mechanisms, the representative noted in particular the higher
centre for children and family, the cabinet women's centre, the
maternal and child centre and the division for family and women's
affairs. Several grass-roots movements, institutions and nongovernmental
organizations also endeavoured to safeguard and promote the rights
of women. Their activities covered women's issues as well as social
and humanitarian concerns. Several civil soc iety organizations
had provided humanitarian assistance for women in countries in
the region.
5. The representative drew attention to Kuwait's high level of
human development. Recent reports indicated a low infant mortality
rate of nine per 1,000, and a maternal mortality rate of five
per 100,000. According to the Arab Human Development Report 2003,
67 per cent of students in higher education were female. In 1995,
the illiteracy rate stood at 11 per cent, down from 50.5 per cent
in 1980. In 2002, women's participation in the economy stood at
36 per cent, without counting the informal sector.
6. Particular attention was devoted in the national law to the
situation of female civil servants in special situations. For
example, the law provided for leave with full pay to care for
a sick child. Leave with full pay of up to one year or more was
granted to the mother or wife of a captive or missing person.
7. Notwithstanding those achievements, certain shortcomings could
be found in regard to the full implementation of all provisions
of the Convention. They were addressed in an evolutionary process
that took into account the country's cultural nuances and constitutional
processes.
8. The representative noted that the issue of prisoners of war
was a major concern at the national level. Within that framework,
the Government of Kuwait had presented to the fifty-eighth session
of the General Assembly a draft resolution on the treatment of
female prisoners of war, in order to achieve further protection
of female prisoners of war and hostages under international law.
The Government hoped for a successful outcome with that initiative
at a future session of the Assembly.
9. In conclusion, the representative noted that the report had
been prepared in accordance with the Committee's guidelines. She
expressed regret that, owing to exceptional circumstances, the
report had had to be presented by representatives from the Permanent
Mission of Kuwait to the United Nations. She looked forward to
the Committee's comments on Kuwait's combined initial and second
periodic report.
Concluding comments of the Committee
Introduction
10. The Committee commends the State party for its combined initial
and second periodic report, which complies with the Committee's
guidelines for the preparation of initial reports.
11. The Committee notes that reservations have been made by the
State party to article 7 (a), article 9, paragraph 2, and article
16 (f) of the Convention.
Positive aspects
12. The Committee
notes with satisfaction that the Convention has been published
in the Official Gazette, thus giving it the force of national
law. It also notes the efforts undertaken in 1999, through an
Amiri Decree, to grant women their full political rights.
13. The Committee commends the establis hment of institutional
mechanisms for the advancement of women. The Committee also notes
the existence, within the National Assembly, of a standing committee
on human rights, which is tasked with, inter alia, studying and
proposing amendments to national legislation to guarantee and
safeguard human rights.
14. The Committee commends the progress made in reducing the rate
of female illiteracy in Kuwait. The Committee also commends the
high level of education attained by girls and women in Kuwait
and the high enrolment rates of girls and women at all levels
of education.
Principal areas of concern and recommendations
15. The Committee
expresses concern at the reservations entered by the State party
to article 7 (a), article 9, paragraph 2, and article 16 (f) of
the Convention. While welcoming the State party's stated intention
to introduce legislation during the current legislative period
that is expected to create the conditions for the withdrawal of
the reservation to article 7 (a), the Committee is concerned at
the failure of the State party to ensure that women have, on equal
terms with men, the right to vote in all elections and public
referendums, and to be eligible for
election to all publicly elected bodies. The Committee considers
the lack of polit ical rights of women a very serious limitation
of their rights, which also has a significant negative impact
on women's enjoyment of other rights protected under the Convention.
16. The Committee calls upon the State party to take all necessary
steps, as a matter of utmost urgency, to introduce and actively
support the adoption of legislation to amend the discriminatory
provisions of the Electoral Law in line with the constitutional
guarantee of equality and in order to ensure compliance with the
Convention. The Committee encourages the State party to expedite
the necessary steps for the withdrawal of its reservation to article
7 (a) of the Convention, which it believes to be contrary to the
object and purpose of the Convention. In this regard, the Committee
draws the State party's attention to its general recommendation
23 on women in political and public life. The Committee also calls
upon the State party to expedite the necessary steps for the withdrawal
of its reservations to article 9, paragraph 2, and article 16
(f) of the Convention. In this regard, the Committee draws the
State party's attention to its general recommendation 21 on equality
in marriage and family relations. The Committee requests the State
party to provide, in its next report, comprehensive information
on the effect of its reservations on the implementation of the
provisions of the Convention and the situation of women in Kuwait,
and in this regard, draws attention to its statements on reservations1
and its guidelines for the preparati on of reports. 1 See Official
Records of the General Assembly, Fifty- third Session, Supplement
No. 38 (A/53/38/Rev1), part two, chap.I, sect. A.
17. The Committee is concerned that, although the Kuwaiti Constitution
embodies the principles of the Convention, there is a lack of
clarity as regards the primacy of the Convention over conflicting
or contradictory national laws, and the direct applicability and
enforceability of the Convention in Kuwaiti courts.
18. The Committee requests the State party to ensure the primacy,
direct applicability and enforceability of the Convention within
the national legal framework of Kuwait. The Committee recommends
that the State party launch a comprehensive programme of dissemination,
education and training on the Convention, in particular for Government
officials and legislators, as well as judicial officers, including
law enforcement officials and the judiciary, and for civil society
and the public at large with a view to ensuring that the provisions
of the Convention are known and implemented in Kuwait.
19. The Committee, while noting that general principles of equality
and nondiscrimination are guaranteed in articles 7 and 29 of the
Constitution and contained in domestic legislation, is concerned
at the lack of specific definitions of discrimination against
women, in national law, in accordance with article 1 of the Convention.
20. The Committee calls on the State party to take urgent steps
to incorporate the definition of discrimination against women
as contained in article 1 of the Convention in its national legislation.
21. The Committee expresses concern at the continuing existence
of de jure discrimination against women in various laws, including
the Nationality Act, the Personal Status Act, the Civil Code and
the Private Sector Employment Act. In particular, the Committee
is concerned that the Nationality Act allows Kuwaiti women to
transfer their nationality to their children only in specific
circumstances, such as when the nationality of the father is unknown,
or if he is stateless or deceased, or after an irrevocable divorce.
The Committee is also concerned that provisions in the Personal
Status Act and the Civil Code establish different rights and responsibilities
for women and men in issues related to marriage and family relations,
including in regard to minimum age of marriage for women and men;
divorce; and guardianship of children.
22. The Committee calls upon the State party to undertake a comprehensive
review of all existing laws, including the Nationality Act, and
to amend or repeal discriminatory provisions so as to ensure compliance
with the provisions of the Convention. The Committee urges the
State party to raise the minimum age of marriage for women and
men to 18 years, in line with the Convention on the Elimination
of All Forms of Discrimination against Women and the Convention
on the Rights of the Child.
23. While commending the progressive development of the national
machinery for the advancement of women in Kuwait, the Committee
is concerned at the lack of clarity regarding the mandate and
responsibilities of the existing institutions, particularly with
regard to coordination of gender equality initiatives across all
sectors of Government, and the human and financial resources available
to such institutions. The Committee is also concerned at the lack
of a comprehensive and coordinated strategy to promote gender
equality and to ensure integration of gender perspectives at all
levels and in all areas of legislative and policy development.
24. The Committee requests that the State party clarify, in its
next report, the mandate and responsibilities of the various components
of the national machinery, coordination among them, and the resources
allocated to them. The Committee urges the State party to ensure
that the national machinery involves more women at the decision-making
level and is provided with adequate visibility, power and resources
to effectively promote the advancement of women. The Committee
also recommends that the State party develop, adopt, and implement,
at the national level, a comprehensive and coordinated plan of
action to promote gender equality and to ensure gender mainstreaming
at all levels and in all areas.
25. The Committee is concerned about the persistence of traditional
stereotypes regarding the role and responsibilities of women and
men in the family and in society at large, and the reflection
of such stereotypes in legislation, policies and programmes.
26. The Committee urges the State party to design, implement and
strengthen comprehensive awareness-raising measures to foster
a better understanding of equality between women and men, at all
levels of society, with a view to eradicating traditional stereotypes
regarding the role and responsibilities of women and men in the
family and society. It also recommends that the State party encourage
the media to promote cultural changes with regard to the roles
and responsibilities attributed to women and men, as required
by article 5 of the Convention.
27. The Committee expresses its concern at the lack of diversified
employment opportunities for women despite the high level of education
attained by girls and women in all areas. The Committee notes
with concern that restrictions on women's employment, as well
as protective employment legislation, policies and benefits for
women, perpetuate traditional stereotypes regarding women's roles
and responsibilities in pub lic life and in the family.
28. The Committee urges the State party to increase its efforts
towards accelerating the achievement of de facto equal opportunities
for women and men in the area of employment through, inter alia,
the use of temporary special measures in accordance with article
4, paragraph 1, of the Convention, and general recommendation
25. The Committee recommends that measures be taken to promote
change concerning the stereotypical expectations of women's roles
and to promote the equal shar ing of domestic and family responsibilities
between women and men.
29. The Committee expresses its concern at the lack of detailed
information and statistical data on women's representation, particularly
in decision -making positions, in various areas of public life,
including in law enforcement, the judiciary and the diplomatic
corps.
30. The Committee requests that the State party provide such information
in its next report. The Committee also recommends that the State
party take measures to increase the representation of women in
all areas of public life, including at the decision-making level,
and in law enforcement, the judiciary and the diplomatic corps,
through the use of temporary special measures, in accordance with
article 4, paragraph 1, of the Convention and general recommendation
25 on temporary special measures, as well as general recommendation
23 on women in political and public life. The Committee encourages
the State party to undertake and support awareness-raising programmes
on the importance of women's representation, particularly in decision-making
levels, in all areas of public life.
31. In view of the fact that the number of non-Kuwaiti nationals
exceeds the number of Kuwaiti citizens in Kuwait, the Committee
is concerned at the lack of information and statistical data on
the situation and legal status of non-Kuwaiti women, including
domestic migrant workers, particularly with regard to their employment
conditions and socio -economic benefits as well as enjoyment of
their rights to educatio n and health.
32. The Committee requests the State party to provide, in its
next report, detailed information and statistical data on the
situation of non-Kuwaiti women, particularly in regard to education,
health and employment. The Committee also reques ts information
about availability of services and programmes for protecting women
domestic migrant workers from violence and abuse and the availability
of legal and administrative remedies. The Committee also requests
information on steps taken to inform women migrant workers about
the availability of such services and remedies.
33. The Committee expresses concern at the lack of information
about the prevalence and forms of violence against women and girls
, including domestic violence, and about the programmes and services
available to victims of violence.
34. The Committee requests the State party to recognize that violence
against women constitutes a violation of the human rights of women
under the Convention. It urges the State party to undertake the
systematic collection of sex-disaggregated data on all forms of
violence against women, including domestic violence, as well as
research into the extent and root causes of such violence, including
against women migrant workers and non-Kuwaiti women, and provide
such information in its next report. In the light of general recommendation
19, the Committee calls upon the State party to ensure that all
forms of violence against women and girls are prosecuted and punished
promptly and that victims have immediate means of redress and
protection.The Committee requests the State party to take measures
to fully sensitize public officials, especially law enforcement
officials, the judiciary and healthcare providers, and to train
them to handle such situations adequately. The Committee invites
the State party to undertake awareness-raising measures aimed
at the public at large to make such violence socially and morally
unacceptable.
35. The Committee encourages the State party to enhance collaboration
and coordination with civil society organizations and in particular,
women's associations, to strengthen implementation of the provisions
of the Convention, and to engage in consultations with such organizations
when preparing its next report.
36. The Committee encourages the State party to ratify the Optional
Protocol to the Convention and to accept, as soon as possible,
the amendment to article 20, paragraph 1, of the Convention, concerning
the meeting time of the Committee.
37. The Committee requests the State party to res pond to the
concerns expressed in the present concluding comments in its next
periodic report under article 18 of the Convention. The Committee
invites the State party to submit its third periodic report, which
was due in 2003, and its fourth periodic report, due in 2007,
in a combined report in 2007.
38. Taking account of the gender dimensions of declarations, programmes
and platforms for action adopted by relevant United Nations conferences,
summits and special sessions (such as the special session of the
General Assembly to review and appraise the implementation of
the Programme of Action of the International Conference on Population
and Development (the twenty-first special session), the special
session of the General Assembly on children (the twenty-seventh
special session), the World Conference on Racism, Racial Discrimination,
Xenophobia and Related Intolerance and the Second World Assembly
on Ageing), the Committee requests the State party to include
information on the implementation of aspects of these documents
relating to relevant articles of the Convention in its next periodic
report.
39. The Committee requests the wide dissemination in Kuwait of
the present concluding comments in order to make the people, in
particular government administrators and politicians, aware of
the steps that have been taken to ensure de jure and de facto
equality of women, as well as the further steps that are required
in this regard. The Committee requests the Government to continue
to disseminate widely, in particular to women's and human rights
organizations, the Convention, its Optional Protocol, the Committee's
general recommendations, the Beijing Declaration and Platform
for Action and the outcome of the twenty-third special session
of the General Assembly, entitled "Women 2000: gender equality,
development and peace for the twenty-first century".
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