Consideration of reports, comments and information submitted by States parties under article 9 of the Convention (continued)
Tenth, eleventh and twelfth periodic reports of Kuwait
CONSIDERATION OF REPORTS, COMMENTS AND INFORMATION SUBMITTED BY STATES PARTIES UNDER ARTICLE 9 OF THE CONVENTION (agenda item 4) (continued)
Tenth, eleventh and twelfth periodic reports of Kuwait (CERD/C/226/Add.5)
1. At the invitation of the Chairman, Mr. Al-Nouri and Mr. Behbehani took places at the Committee table.
2. Mr. AL-NOURI (Kuwait), introducing his country's twelfth periodic report (CERD/C/226/Add.5), which also contained the tenth and eleventh reports, paid a tribute to the Committee's efforts, in conjunction with those of other United Nations bodies, humanitarian organizations and the international community, to eliminate racial discrimination from the earth. Kuwait's position, which it would continue to uphold, was absolutely clear: it categorically rejected racial discrimination and reaffirmed the principles enshrined in international instruments in all international and regional forums.
3. The relevant chapter of the Constitution of Kuwait, which came into force in 1963 did not specifically deplore discrimination on grounds of colour or race. As indicated in an explanatory note appended to the Constitution, that had been considered unnecessary by the Preparatory Committee which had drafted the Constitution, since that form of discrimination was unknown to Kuwaiti society and had no place in its fundamental values.
4. Kuwait was committed to application of all the provisions of the Convention. Since its accession to the Convention in 1968, it had been diligent in reporting to the Committee and had paid close attention to the Committee's work. However, circumstances beyond Kuwait's control had prevented submission of the tenth, eleventh and twelfth reports in due time; it was therefore grateful to the Committee for its understanding in permitting the three reports to be submitted as a single document to the current session.
5. The report was somewhat lengthy, as it had been thought desirable to include references to all relevant provisions of Kuwaiti law, including the Constitution. Furthermore, every effort had been made to follow the Committee's guidelines regarding the form and contents of reports. The report was divided into two parts, part I consisting of two sections, the first of which gave the historical, political and legal background and the second describing the demographic characteristics of the population. The fact that during the invasion of Kuwait, with all the suffering entailed, the people of Kuwait had rallied to its legitimate leaders and rejected the invasion was proof that it spoke with a single voice and evidence of the homogeneity and cohesion of Kuwaiti society. Part II of the report endeavoured to describe as clearly as possible the legislative and legal measures in Kuwait that gave effect to the provisions of the Convention, and in particular its articles 2 to 7.
6. The contents of the report were not propaganda or publicity but the plain truth and gave clear evidence of Kuwait's absolute refusal to entertain any kind of racial discrimination. Kuwait was dedicated to peace and justice and to the prosperity of its people. It joined with all other members of good will of the international community in aspiring to achieve the noble aims of the United Nations Charter and other international instruments. It would cooperate fully with the Committee and endeavour to reply to all its questions.
7. Mr. van BOVEN, Country Rapporteur, said that in its examination of the report of Kuwait, the Committee should bear in mind a number of general features of that State party to the Convention. Kuwait was a country with a high national income from oil revenues. Before the recent war its foreign labour force had far exceeded its domestic labour force, Kuwaitis being a minority in their own country and outnumbered by foreigners and stateless persons. Worldwide attention had been focused on Kuwait as a result of the Iraqi invasion and occupation from August 1990 to February 1991. Kuwait had been liberated as a result of the efforts of the international community. It was a party to a number of international instruments but had not yet ratified the two International Covenants, the major instruments for implementation of human rights.
8. The present report, submitted on 11 January 1992, covered the tenth, eleventh and twelfth periodic reports of Kuwait due in January 1988, 1990 and 1992 respectively. He welcomed the opportunity the report provided for a dialogue on the implementation of the Convention, and the willingness of the representatives of Kuwait to answer the Committee's questions.
9. He was glad that the present report was more elaborate than its predecessors. However, it principally described the situation de jure and provided little information on the situation de facto. A striking feature of the report was its repeated reiteration, in paragraphs 7, 16, 18, and 111, that there was no racial discrimination in the State of Kuwait. Such a record was to be commended. Although the representative of Kuwait had stated specifically that discrimination on grounds of colour or race was unknown in his country, it should be remembered that the very comprehensive definition of racial discrimination given in article 1 of the Convention included discrimination on grounds of national or ethnic origin. Further discussion on that point was perhaps necessary.
10. Turning to the demographic characteristics of Kuwait, he noted the references to the homogeneity and harmony of the Kuwaiti people in paragraphs 16 and 17 of the report. However, he had the impression in reading the report that two societies existed in Kuwait: Kuwaitis and the larger group of non-Kuwaitis. In that context, he drew the attention of the representative of Kuwait to the Committee's General Recommendation XI (42), paragraph 2 of which affirmed that States parties were under an obligation to report fully on legislation relating to foreigners and its implementation.
11. He noted, from paragraph 18 of the report that, before the Iraqi invasion, Kuwait had been a host country for migrant labour, its residents including the citizens of over 130 countries, who thus, unusually, constituted a majority of the population of the State and were moreover free to move anywhere and reside where they pleased. What was the situation following the liberation of Kuwait? Was it true that of an estimated 400,000 Palestinians formerly resident in the country, fewer than 50,000 still remained? Was it also true that of some 250,000 Bedoons living in Kuwait before 1990, some 100,000 had since left despite the fact that most Bedoons had been born in Kuwait and had lived there all their lives?
12. Turning to article 2 of the Convention, the implementation of which was covered in paragraphs 21 to 27 of the report, he had expected more information on measures taken to eliminate discrimination against persons of different national or ethnic origins. Most of the provisions cited referred to Kuwaiti citizens.
13. With regard to article 3 of the Convention, the implementation of which was covered in paragraphs 28 and 29 of the report, he asked whether any de facto segregation occurred on the basis of ethnic or national origin.
14. With regard to article 4 of the Convention, the implementation of which was covered in paragraphs 30-38 of the report, reference was made to a number of provisions of the Kuwaiti Constitution and to other legislative texts dealing principally with religious matters. There was, however, no mention of any legislation enacted specifically to implement article 4. The Committee had on various occasions drawn attention to the mandatory nature of that article and had raised the matter during its consideration of Kuwait's ninth report (CERD/C/149/Add.16), which had stated in its paragraph 18 that since article 4 "forms part of the Convention, it can be applied by the courts in the same way as the Convention as a whole, as already indicated in the eighth report". However, article 4 did not lend itself to direct application in the domestic courts. It constituted a specific instruction to the legislature to enact special legislation to achieve the ends specified. That, as far as he knew, had not yet been done in Kuwait. Paragraph 37 of the report reiterated Kuwait's commitment to the provisions of article 4; nevertheless that commitment ought to be expressed in specific implementation legislation. According to paragraph 38 of the report, that commitment was also evident in Kuwait's accession to other international instruments and, in particular, the Universal Declaration of Human Rights. He hoped that commitment would be extended to accession to the two International Covenants.
15. Referring to the implementation of article 5 of the Convention, covered by paragraphs 39 to 108 of the report, he asked whether the right to equal treatment before the tribunals, including access, was guaranteed for non-Kuwaitis, especially in the light of information that, under Kuwaiti law, no Kuwaiti might be exiled but that non-citizens, even long-term residents, might be expelled without charge or judicial recourse if they were deemed "troublemakers" or "security risks". That comment was also relevant to article 5 (b) and article 6 of the Convention. In connection with article 5 (b) concerning the right to security of person, there were disturbing reports about extrajudicial killings, torture and ill-treatment, particularly in 1991 after the liberation of Kuwait and especially relating to foreign nationals from Yemen, Sudan, Jordan and Iraq, as well as Palestinians. What measures were being taken to prevent such practices, which particularly affected certain categories of foreigners? Had article 121 of the Constitution, referred to in paragraph 59, been applied with respect to such practices? On the subject of political rights, dealt with in paragraphs 60 and 61 of the report, he wished to know whether he was correctly informed that Kuwaiti law limited suffrage to adult males who had resided in Kuwait before 1920 and had maintained a residence there until 1959 and to their adult male descendants, and that in 1986 the National Assembly had approved an amendment to the Nationality Law postponing until 1996 the enfranchisement of Kuwait's naturalized citizens who did not meet the pre-1920 qualification? The question of the very restrictive rights concerning participation in elections was relevant to the Committee's competence in matters of discrimination related to descent or national or ethnic origin.
16. In connection with economic, social and cultural rights, he wished to know whether foreign workers enjoyed trade union rights and freedoms, pursuant to article 5 (e) of the Convention. Paragraph 82 gave some information about the proportion of foreign manpower up till 1980. More recent figures were requested. Paragraph 83 referred to the serious consequences of the Iraqi invasion for foreign workers; further clarification was needed on the post-occupation period. On the subject of the right to public health, medical care, social security and social services, he wished to know whether the provision of health care to "Kuwaiti citizens and residents alike", referred to in paragraph 93, included migrant workers. Similarly, did the provision of free education (para. 100) and of educational and training services without distinction between nationals and non-nationals (para. 102) apply to all migrant workers and their families?
17. With regard to the reference in paragraph 112 (a) to the direct application of international instruments by the courts, a distinction must be drawn between self-executing and non-self-executing provisions; the latter required specific implementation legislation. Moreover, further information was required on the right of victims to seek adequate reparation or satisfaction for damage suffered as a result of discrimination.
18. On the implementation of article 7 of the Convention, information was needed on the training of law enforcement personnel. The Government of Kuwait was reminded that the Committee had adopted General Recommendation XIII (42) on that subject.
19. Finally, he drew attention to three categories of persons who, according to reports, were in a very vulnerable position. The first of those were Palestinians, many of them stateless, who had apparently been expelled. The second were the Bedoons, many of whom had been resident in Kuwait for a long time and had made a significant contribution to the country. If his information was correct, after the recent war many had been dismissed from their jobs, were being threatened with expulsion or had actually been expelled, and their children were denied access to schools. The third category was that of Asian women employed as domestic servants. According to a report by Middle East Watch, their number had reached 75,000 to 100,000 by 1992, i.e. approximately one for every seven Kuwaiti citizens. Most of them were said to come from India, Sri Lanka, Bangladesh and the Philippines. Many were reported to be subjected to debt bondage, other illegal employment practices, passport deprivation, illegal confinement, rape and physical assault. There was reportedly a denial of due process and equal protection to those highly vulnerable young women; that included a failure to enforce the law and to investigate and prosecute complaints; police mistreatment and abuse; and a lack of social assistance. He brought that issue of particular concern to the attention of the Kuwaiti delegation and requested information on what was being done to improve and remedy the situation.
20. Mrs. SADIQ ALI drew attention to the very serious plight of foreign female domestic workers in Kuwait. Quoting reports about the maltreatment of Philippine women, in particular, she said that such maltreatment included rape, torture, imprisonment, sale, and non-payment of wages. The reports were corroborated by hospital staff and the Philippine Embassy in Kuwait, to which over 300 housemaids had fled. Although the Philippine Government had banned the export of female domestic personnel to Kuwait, there were said to be 11,000 such persons in the country, of whom some 8,000 had been imported in defiance of that ban. Some were sponsored by the ruling Al-Sabah family, government officials and members of the diplomatic corps. Most of the young women involved had applied not for domestic jobs but for other forms of employment. It was reported that those against whom complaints were brought were not charged. The Kuwaiti Government refused exit visas for foreign domestic workers without the employer's consent. Although the Kuwaiti Government had repatriated some domestic workers in September 1991, such action was not sufficient. She wished to know what measures had been taken to remedy the situation, license and regulate recruitment agencies, prosecute those who had perpetrated such criminal acts, and improve personal security.
21. Mr. DIACONU said that the situation and status of foreigners in Kuwait was a particularly serious problem. The question of whether there was any discrimination between nationals and non-nationals was relevant to the Committee's concerns; it needed to know whether there was any legislation regulating the situation of non-nationals, what the provisions of such legislation were, especially in such matters as employment, housing and education, and whether they were being implemented. As reported in connection with article 2 of the Convention, Kuwait clearly had a policy against racial discrimination, but there was no evidence of positive legislative measures to prohibit it, as required by article 2. The absence of such provisions was particularly relevant to the implementation of article 4 of the Convention. The reference in paragraph 35 of the report to legislation concerning associations seemed to concern certain activities by associations or organizations, but there seemed to be no provisions making the existence of offending associations illegal. The statement in paragraph 35 (i) forbidding incitement to "factionalism or sectarianism" required clarification in the light of freedom of religion.
22. Another point requiring elucidation concerned the right of recourse to the courts referred to in paragraph 50. Under what conditions did citizens of countries that had not concluded the bilateral legal conventions with Kuwait mentioned in paragraphs 48 and 49 have the right of recourse to the courts to defend their rights?
23. Given the large number of foreigners resident in Kuwait, he wished to know whether public education was open to foreigners, and what facilities there were for foreign students to attend schools in which they could study their mother tongue. On the subject of foreign residents, he would be interested to hear the replies to the questions asked by previous speakers about the situation of the Bedoons and the Palestinians. In conclusion, he trusted that the resumed dialogue would provide further insights into the practical realities and prospects for improved legislation in Kuwait following the invasion and occupation of that country.
24. Mr. GARVALOV commended Kuwait's active participation in the United Nations and other international forums and its clear efforts to ensure the observance of human rights, and endorsed the comments made by the country rapporteur and other speakers.
25. He had some misgivings about the repeated claims, namely in paragraphs 7, 16 and 18 of the report, that there was no racial discrimination in Kuwait, and was more inclined to credit the statement in paragraph 6 -which to some extent contradicted those claims - that racial discrimination "should be eliminated". The reporting State was to be commended for quoting various constitutional provisions, notably in paragraph 11 of the report, but further information was required on actual judicial and administrative practice. The statement in paragraph 12 that "freedom of belief is absolute" required further explanation, since he had information from a reliable source that Hindus, Sikhs and Buddhists, though free to practice their religion in private, were not permitted to build their own places of worship.
26. The statement in paragraph 16 of the report that Kuwaitis had always lived as a single homogeneous people bonded by ties of affection, friendship and harmony was not altogether relevant to the present situation, considering the large numbers of resident foreigners and foreign workers, who were placed in a different category and, as such, were subject to measures that involved discrimination in terms of administrative policies but also smacked of racial discrimination.
27. Although the implementation of article 5 of the Convention was dealt with in commendable depth in the report, some questions remained. He hoped, for instance, that the provision of Act No. 35 quoted in paragraph 60 reflected the actual situation currently prevailing in Kuwait. The word "patriotism" cited in paragraph 66 in connection with the family prompted the question whether patriotism was to be seen only in the context of marriages among Kuwaitis. He, like previous speakers, requested information about the status and situation of foreigners resident in Kuwait. Further information was also required on the status and role of Kuwaiti women in society, especially their freedom of choice in various spheres and their right to vote. Also connected with article 5 of the Convention was the report that Islamic groups within the National Assembly had succeeded in barring non-Muslims from citizenship. He further inquired about information that political parties were banned and that three political gatherings had been prohibited in 1992.
28. Mr. de GOUTTES said that the Government of Kuwait had placed the Committee in an awkward position, since on the one hand it felt sympathy for the victim of the Iraqi invasion, while on the other, Kuwaiti repression of certain sections of the community had increased. However, he thanked the representative of Kuwait for the report and his oral introduction, which were more complete than in the past and followed the guidelines more closely.
29. He shared the Country Rapporteur's view that the report was too legalistic. The Committee was mainly concerned with the country's policy and practice, which, according to some information sources, involved ill-treatment of certain categories of the community. Firstly, the Bedoons, who had already suffered a restriction of their rights prior to the Iraqi invasion, had, as stated by both Amnesty International and Human Rights Watch in their 1993 reports, since been subject to ill-treatment, detention, expulsion and torture on the grounds of alleged Iraqi sympathies. Following the Iraqi invasion and occupation, Palestinians had also been subject to abuse by the Kuwaiti security forces and had been dismissed from public sector employment while their children had been excluded from the public school system. Many had left the country in July 1991. According to reports, the number of Palestinians in Kuwait had fallen from 400,000 prior to the occupation to some 50,000. Similar problems were faced by Iraqi nationals and citizens of other countries that had not participated in the coalition, particularly migrant workers from Sudan, Jordan and even Egypt. In addition, as Mrs. Sadiq Ali had pointed out, many domestic staff of Asian origin, mainly women, were subjected to ill-treatment and discrimination. Such practices had occurred despite the legislation mentioned in the report of Kuwait. Indeed the deportation of Bedoons, Palestinians and Iraqis was in contravention of the 1949 Geneva Convention. He hoped that the representative of Kuwait would be able to reassure the Committee on that situation.
30. Mr. WOLFRUM congratulated the representative of Kuwait on the report, but also regarded it as too legalistic, containing little information on administrative practice and court rulings.
31. He questioned the claim in paragraph 16 that Kuwait had witnessed no discriminatory racial practices among its inhabitants. Were that to be true, Kuwait would be in a minority of countries. He found the claim in paragraph 111 that no cases of discrimination had been brought before the courts by Kuwaiti or foreign citizens astonishing. He knew of a number of cases, to which Mr. van Boven and Mrs. Sadiq Ali had referred, where claims of racial discrimination had been drawn to the attention of the Kuwaiti authorities, for example, concerning domestic servants from the Philippines, India and Pakistan. Those cases should have been reported. He questioned whether the Kuwaiti Government had fully exercised its powers to prosecute violations. He also concurred with the remarks by previous speakers concerning vulnerable groups, such as the Palestinians and the Bedoons. Following the occupation, the number remaining in Kuwait had declined because they had been singled out for retribution and prosecution for alleged collaboration with Iraq. Prosecution for collaboration, which was quite legal, ought not to be carried out on a summary basis.
32. On the question of the right to nationality, the Kuwaiti system seemed to allow dual citizenship - citizenship gained in 1920, and citizenship acquired later. Only citizens in the former category could take part in elections, for example, a situation which violated article 5 (c) of the Convention, since it constituted discrimination based on descent.
33. Where the organization of the judicial system was concerned, the Kuwaiti judicial system was independent, but subject to executive control in respect of administration and finance, a point which required explanation by the Kuwaiti Government. Judges were appointed by the Amir on the recommendation of the Ministry of Justice. He asked whether the Amir was bound by the recommendation or could exercise his discretion. While the appointment of judges of Kuwaiti citizenship for life seemed to guarantee their independence, non-Kuwaiti judges were appointed on renewable one to three year contracts, which made them less independent. He also noted that the Ministry of Justice could remove judges; he would like to know in what circumstances.
34. A very important issue for the Committee was the implementation of article 4. Both in the oral introduction and in the report itself, it was claimed that as racial discrimination was prohibited by the Constitution, that was sufficient in itself. However, that was a misinterpretation of article 4, which made it mandatory for provisions against racial discrimination to be included in the Criminal Code.
35. Mr. SHAHI said he, too, wished to commend the representative of Kuwait on a carefully drafted report. Other members of the Committee had raised a number of very pertinent questions, which deserved the serious attention of the Kuwaiti Government.
36. The report contained no information on demographic composition, particularly on the number of foreign workers formerly or still present in Kuwait. Up-to-date information should be provided on that subject.
37. He wished to stress the importance of the implementation of article 4 of the Convention and observed that most of the provisions of Kuwaiti legislation quoted in paragraph 35 of the report dealt mainly with religious sectarianism. The Kuwaiti Government needed to review its legislation in relation to implementation of that article, since, as other members had said, the legislation should be concerned with discrimination based not just on race, but also on descent or national or ethnic origin, as stipulated in the Convention, which interpreted the meaning of racial discrimination very widely.
38. Referring to the elections held in October 1992 to the Kuwaiti Parliament, he would like information on the different parties involved and on the number of candidates.
39. Although the report had been criticized concerning implementation of the Convention, it had some positive features. The many rights listed, for example, in paragraphs 33 and 34, were welcome. He was glad to know that all persons, not just citizens, had recourse to the courts, and a right of appeal against administrative decisions. The prohibition of extradition of political refugees, mentioned in paragraph 57, was encouraging, as was the stipulation in Act No. 35 of 1962, mentioned in paragraph 60, that sovereignty resided in the people.
40. However, some economic, social and cultural rights were enjoyed by Kuwaiti citizens, but not by others. Some political rights could be enjoyed without distinction, except as provided by law. He would like the next report of Kuwait to set out the relevant provisions of Kuwaiti legislation which governed human rights, since it was otherwise difficult to assess compliance with the Convention.
41. Lastly, he recognized that Kuwait had been the victim of an act of aggression, which had destroyed amicable relations between Kuwaitis and foreign guests, for example, from Pakistan and other foreign workers. He hoped that the Kuwaiti Government would adopt a policy of reconciliation and revert to its traditional liberal policies towards foreign workers, particularly with regard to Asian domestic workers, the Bedoons and the Palestinians.
42. Mr. YUTZIS said that the Committee always had to take account of the context when considering reports of States parties. In the case of Kuwait, which was still recovering from the effects of the Iraqi invasion, he welcomed the fact that the Kuwaiti Government had still managed to submit a report.
43. Like other members of the Committee, he believed that the report should provide empirical data on the specific day-to-day implementation of the Convention. Information on the legal position was necessary, but not sufficient in itself.
44. The Committee had difficulty in accepting claims from any country that it did not experience racial discrimination, as suggested in paragraphs 16 and 17 of the Kuwaiti report. The first sentence of paragraph 17 did not seem an adequate argument and could even be misinterpreted. From his own experience, in the case of the Falklands invasion, almost 100 per cent of the population of Argentina unanimously opposed the policy of the United Kingdom towards their country. However, both before and after the conflict, there were differences of opinion between sectors of the population. There were always historic moments which united a society, but that did not mean that differences ceased to exist.
45. In the case of Kuwait, there was a clear difficulty with paragraph 17, since it made no reference to the Bedoons in Kuwait. However, according to another source of information, the Bedoons had been suffering from discriminatory measures even prior to the Iraqi invasion, and because of alleged collaboration with the Iraqis, that discrimination had subsequently been aggravated. Paragraph 17 could therefore not serve as an argument to justify the claim that racial discrimination did not exist in Kuwait.
46. Paragraph 60 of the report stated that, under the Kuwaiti Constitution, sovereignty resided in the people. That statement was an important one, and fully in accordance with the spirit of the International Covenant on Civil and Political Rights, but he would like to establish whether it was true in reality. For instance, with respect to article 5 of the Convention, what were the legal criteria governing the granting of Kuwaiti nationality? While paragraph 77 stated that "every Kuwaiti" had the right to work, it went on to say that the State should endeavour to make work available to "citizens". It would appear that, in that context, "citizens" was to be interpreted as including only Kuwaitis. Again, with reference to paragraphs 84 and 85 concerning trade unions, could members of minority groups in Kuwait belong to trade unions, and what were the regulations governing admission to membership? Paragraphs 89 and 90 stated that housing assistance and housing services were provided by the State "for its citizens", and it would seem that there, too, the word "citizens" had a restrictive connotation. While paragraph 95 indicated that health services were provided free "to citizens and others", in paragraph 97, concerning the provision of social assistance, only "citizens" were mentioned.
47. He would like more precise information regarding the situation of the Bedoons. In view of the apparent conflict within Kuwaiti society concerning the problem of the Bedoons - a problem which, as had been pointed out by Mr. de Gouttes, had existed since before the invasion - could the Kuwaiti representative confirm whether information on the Bedoons made available to the Committee from other sources was correct?
48. Lastly, he had been concerned at reports of arbitrary detentions and executions in Kuwait. He would welcome further information, since the legal position in that regard was unclear.
49. Mr. ABOUL-NASR said that, unlike his colleagues, he could not approve the report of Kuwait, which in his view was badly written and did not reflect the real situation in the country. It was concerned only with theory, and ignored the situation in practice, including even some positive aspects such as the fact that free health care was available not only to Kuwaiti nationals but also to foreigners.
50. Most of the criticisms made by members of the Committee had already been voiced by non-governmental organizations, and the Government had already responded to them: however, the report did not address itself to any of those criticisms. It had been stated that no case of racial discrimination had ever been brought before the courts, but in fact that was not so. Recently, a case had been brought in which a Kuwaiti national was accused of violating the rights of a foreigner: sentence had been passed, and the Kuwaiti concerned was now in jail.
51. Paragraph 19 affirmed that the State of Kuwait did not intend to make any change in its policy and procedures with regard to the treatment of foreigners. In fact, there was need for such a change of policy, and indeed some members of the Kuwaiti Parliament were currently calling for a review of the status of non-Kuwaitis living in the country, including Bedoons. By comparison with neighbouring countries, Kuwait had cause to be proud of the extent to which the democratic spirit was permitted to prevail: for instance, even a member of the ruling family had recently been brought before the courts. Those points should have been mentioned in the report.
52. Kuwait was going through a period of its history comparable to that of many European countries which had suffered from aggression and foreign occupation during the Second World War. It would take some time for Kuwaitis to put behind them the attitudes resulting from those experiences, particularly where foreign "collaborators" were concerned, but the time had come to turn the page and to make efforts to change the situation.
53. It had been pointed out that in discussing the report, the special conditions prevailing in Kuwait should be borne in mind. However, one of the main factors characterizing Kuwait as far as the Committee was concerned was the fact that the Kuwaitis themselves were the minority in their own country. In most European countries, there was an almost automatic reaction of opposition when numbers of migrant workers appeared to be too high in proportion to the population. Kuwait had almost a million migrant workers in comparison with the population of some 600,000, and thus it was understandable that the Government should wish to set a limit on the number of such migrants. The Committee would be interested to know what were the Government's future plans in that regard, and what guarantees it intended to provide to protect the rights of foreign and migrant workers.
54. In conclusion, he hoped that the Kuwaiti delegation could provide more information, if not at the current session, at least in its next report. He joined other members of the Committee in refusing to accept from any State party the claim that no racial discrimination existed on its territory. Unfortunately, no country was immune from that phenomenon.
55. The CHAIRMAN thanked the representative of Kuwait both for the report submitted and for his introductory statement.
56. Speaking in his personal capacity, he said that Kuwait was still recuperating from the effects of the invasion it had suffered not long before, an invasion which had had practical repercussions in terms of racial discrimination. What was important was that the basic principles of non-discrimination should be retained, and should be reflected in Kuwait's legislation.
57. However, he felt bound to point out no mention was made in the report of any specific provisions to meet the requirements of article 4 of the Convention. The report also lacked information on any measures to implement one of the most fundamental articles of the Convention, article 7. In addition, details should be provided on the situation of Kurds and foreigners residing in Kuwait, in the light of reports of specific acts of discrimination against the latter. According to those reports, it would appear that certain rights under article 5 of the Convention were not guaranteed in the case of Kurds and foreigners.
58. Mr. YUTZIS said that in fact his statement had been prompted by the same concern as that expressed by Mr. Aboul-Nasr. He had indeed interpreted the word "citizens", which appeared repeatedly in the report, as referring solely to Kuwaiti nationals. That point should be clarified, since it was to be deduced from the report that a number of rights specified under the Convention did not apply to non-nationals.
59. Mr. AL-NOURI (Kuwait) said his delegation welcomed all the Committee's comments on the report, including critical comments, in the belief that they had been made in a constructive spirit.
60. It was true that the report had been couched in rather formalistic terms, with emphasis on legal and constitutional aspects. That was because his Government had interpreted the Committee's guidelines as requiring that information be given on how the provisions of the Convention were reflected in legislation. A number of the criticisms made - which in fact had no legal bearing on the Convention - had already been answered by his Government in the appropriate bodies, but he would do his best to reply to them again in the context of the Committee.
61. In Kuwait, as in many other countries, Kuwaiti nationality was determined by blood. However, considerable numbers of persons who were not Kuwaiti by birth had succeeded in obtaining Kuwaiti nationality. The question of the criteria to be applied in granting Kuwaiti nationality was now being discussed in Parliament, with a view to finding a fair and equitable solution to the problem.
62. It had been stated that a number of Bedoons had been expelled from the country following the ending of the Iraqi occupation. In fact, large numbers had now returned: it was only those shown to have collaborated with the Iraqi regime who had been brought before the courts.