1. Overview of the human rights and democracy situation: The Kuwait parliament plays a strong role in the national governance system, which is unique in the region. The last snap elections took place on 6 June 2023 to elect 50 of the 65 members of the National Assembly, with no significant irregularities noted.
On the empowerment of women and girls, Kuwait achieved positive developments. Although women outnumber men in workforce, the political representation of women remains a challenge, as Kuwait had only one female member of parliament and no female ministers at the end of the year compared to higher representation previously. Women’s representation in senior Government positions and state owned companies improved in 2023. The World Bank’s Women, Business, and the Law Index in 2023, as well as in 2022, gave Kuwait 35.0 points out of 100 (an improvement from the 28.8 points in 2021). Kuwait established a National Committee on protection from domestic violence. However, there has been an increase in gender-based violence cases. Efforts are still underway to abolish Article 153 of the Penal Code, which establishes a reduced sentence for “honour killings” targeting women.
In its fourth periodic review on Kuwait’s implementation of the International Covenant on Civil and Political Rights in November 2023, the UN Human Rights Committee expressed concern about exceptions to Article 29 of Kuwait’s Constitution, which prohibits gender-based discrimination, particularly those provided for in the 1984 Personal Status Law and leading to unequal treatment of women, notably in matters of marriage, divorce, parental authority, inheritance, testimony value in courts, and inheritance rights.
In July, Kuwait executed five persons. The EEAS issued a statement noting with concern the increasing use of capital punishment in the country. The UN Human Rights Committee noted that death penalty sentences are handed down for drug-related offences that do not qualify as “the most serious crimes”.
“Kuwaitization” – the replacement of migrant workers with Kuwaiti nationals in the workforce – continued through the year, intensifying concerns among foreign workers in Kuwait. In 2023, the Government also proceeded with measures targeting migrant workers; including the termination of some contracts in the public sector, suspension or withdrawal of driving licenses, ongoing suspension of family residence visas for most categories of migrant workers, as well as administrative deportations for minor administrative offences – without the right to challenge deportations in the courts.
The “Kafala” sponsorship system, which binds foreign nationals to an employer as a sponsor in the country, has not been abolished in Kuwait, thus continuing to raise concerns on exploitation and abuse. The UN Human Rights Committee welcomed several measures adopted by Kuwait to reduce the control of employers over workers(and therefore limiting the use of the “Kafala”), such as the requirement on employers to transfer wages to employee’s bank accounts, the decision to allow workers to change jobs without the employer’s consent under certain conditions, and the setting of a minimum wage.
Stateless persons (“Bidoons”) continue to face discrimination. The UN Human Rights Committee noted that “Bidoon” persons (“illegal residents” by Kuwait’s definition) do not have access to nationality and identity documents, or face difficulties renewing them or accessing basic services. In addition, they do not have the right to participate in public protests. The stateless “Bidoon” children continue being discriminated in their access to essential social services, such as education or healthcare.
Kuwait’s media landscape is relatively free compared to other countries in the region. However, freedom of expression or opinion is subjected to the control of Kuwaiti state authorities, particularly as regards social media. As a positive development, Emiri Amnesty pardoned a number of political dissidents and opposition members. “Offensive” content – such as LGBTI characters in movies and symbols – remains censored or banned. Freedom of assembly and association is guaranteed only to Kuwaiti citizens. The negative trend on LGBTI rights continued, following the unprecedented campaign against LGBTI persons launched in 2022. LGBTI persons, particularly non-Kuwaitis keep facing major legal and social challenges, including arrests and deportations of migrant workers and tourists.
2. EU action - key focus areas: The EU engaged on a regular basis with Kuwaiti institutions dealing with human rights, mainly in the context of the EU-Kuwait Human Rights Dialogue and worked closely with likeminded countries and international organizations to encourage further advancement of human rights in the country. In terms of activities, the EUDEL Kuwait organized a variety of events, such as the workshop on the nexus between translation and human rights, aimed to equip students to prepare awareness campaigns on migrant workers’ rights. Another activity was the seminar on “Supporting a Just Transition in Kuwait: Decent Jobs for a Sustainable Future” organized in partnership with the ILO and the Supreme Council for Planning and Development in September. The EUDEL Kuwait used social media to mark all human rights’ related events and international days with social media posts. “Kuwait Society for Human Rights”, a Kuwaiti NGO, won the 2023 Chaillot Prize for the Promotion of Human Rights in the GCC region.
3. EU bilateral political engagement: The EU expanded its engagement with Kuwait on human rights. On 5 December, the EEAS and Kuwait conducted the fourth informal Human Rights Dialogue in Brussels, with representation of the Kuwaiti Ministry of Foreign Affairs and other governmental institutions and agencies. The meeting took place in a constructive and friendly atmosphere with Kuwait showing willingness to openly engage with the EU, and both sides raising issues of concern.
4. EU financial engagement: The EU Delegation does not have a dedicated budget for supporting local civil society and human rights organisations. The Foreign Policy Instrument sponsored facility “EU Outreach Facility for the Gulf” is used to conduct human rights projects.
5. Multilateral context: The fourth EU-Kuwait Human Rights Dialogue provided an opportunity to exchange views on human rights in international fora. Kuwait was elected the member of the Human Rights Council for 2024-2026.
