| Last updated: 19 June 2007 |
Introduction |
The hereditary Emirate is governed by the Emir who has executive and legislative authority and can dissolve the elected National Assembly by decree. The choice of Crown Prince is made by the Emir and approved by the Assembly. If the nominee is rejected, 3 names are submitted by the Emir, and the Assembly chooses the new Crown Prince. The death of the long-reigning Emir in 2006 resulted in a crisis of succession. The designated heir was said to be too ill to take the oath of office but refused to abdicate. The Cabinet nominated the Prime Minister to be Emir.
Amid a growing row over electoral law reforms, the new Emir dissolved the Assembly. He moved elections planned for 2007 to 2006. Reformists campaigned on an anti-corruption platform and made strong gains in parliamentary elections. Women, who were voting and standing for election for the first time, failed to win any seats. Women made up 57% of the electorate, and 28 of 252 candidates standing for the 50-seat Assembly were women. Opposition factions increased their numbers to 33 of the elected seats. Elected representatives serve for 4 years, unless the Assembly is dissolved.
Islam is the state religion, and Islamic Law is the main source of legislation. Sunni and Shi'a Muslims have independent courts for family law cases. Some judicial independence is provided in law, but the judiciary is subject to interference. The Emir appoints all judges. The majority of judges are non-citizens on renewable contracts approved by the government.
Discrimination based on race, national origin, language or religion is prohibited, but the laws are not consistently enforced. Some laws discriminate against women and non-citizens.
Police and members of the security forces have been accused of abuse of detainees during interrogation.
The market economy is dominated by the oil industry, which accounts for nearly half Kuwait's GDP. The civil service and government sector account for 87.5% of employment of citizens, while foreigners constitute more than 90% of the private sector workforce. Freedom of speech and the press are guaranteed with some restrictions. For example, direct criticism of the Emir is forbidden, while other prohibitions deal with official government communications with other states and with material that attacks religions, incites people to commit crimes, creates hatred or spreads dissension. Journalists are reported to practice self-censorship. Despite a new press law, the Reporters without Borders Index of Press Freedom currently ranks Kuwait 102 out of 166 countries. The office of the Al-Jazeera network, which was closed for defaming the government, has been re-opened.
Social discrimination against persons with HIV/AIDS is not noted in reports, but the government tightly controls HIV testing, and foreign workers who have HIV/AIDS are deported.
The issue of those who disappeared during the war with Iraq is still a highly charged issue; 200 of the missing have been identified by DNA tests from mass graves found in Iraq.
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Education Rights
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Children of citizens benefit from free education. Primary education is universal and compulsory. Kindergarten is available but is not compulsory. Pre-college education lasts for 12 years. Public schools offer a regular academic curriculum, a religious curriculum emphasising Islamic studies and a vocational curriculum that trains skilled craftsmen. Free education continues through university level and includes studies for advanced degrees and the opportunity to study abroad. Citizen parents receive a monthly government allowance of US $170 (50 KD) per child up to 7 children.
Children of stateless bidoon (members of certain tribes not granted citizenship) are now provided with free education. Government inspectors sometimes visit public and private schools with links to churches to monitor whether religious teaching other than Islam is taking place. Reports cite instances of anti-Semitic rhetoric in education curricula.
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Early Childhood Education (ECE)
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A 2-year programme begins at age 4. At this level, 24% of education is private. The Net Enrolment Rate (NER) is 59%. All 4,685 ECE teachers are women and all are trained. The pupil/teacher ratio (PTR) is 13 : 1.
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Primary Education
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Education is compulsory for ages 6 to 13. Primary school begins at age 6 and continues for 4 years. 49% of students are girls. At this level, 32% of education is private. The NER is 86%. Of students who enrol in Grade 1, 97% reach the last grade of primary school. 3% of students repeat grades. 12,321 teachers (86% female) work at this level, and all are trained. The PTR is 13 : 1.
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Secondary Education, Vocational Education and Training
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Secondary education begins at age 10 and is completed in 8 years. At this level, 28% of education is private. 12% of students in upper secondary education study in technical vocational programmes. The NER is 78%. 8% of students repeat grades. Secondary teachers total 25,290, with 12,167 (55% female) in lower secondary and 13,123 (53% female) in upper secondary. All secondary teachers are trained. The PTR is 11 : 1 in lower secondary and 10 : 1 in upper secondary schools.
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Tertiary/Higher Education
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42,076 students (71% female) study in tertiary institutions, for a Gross Enrolment Ratio of 22%. Kuwaiti students who study abroad are mainly in the USA (1,822), Germany (1,192), France (849), the UK (799) and Saudi Arabia (370).
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Children with Special Needs
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Discrimination against persons with disabilities is prohibited in education or in other state services. Disabled children have been integrated into the regular education system since the Disabled Persons Act of 1996. Special classes in kindergarten schools assist with the social integration of children with Down Syndrome and learning difficulties. Measures have also been put in place for gifted children. Meals are provided in kindergartens, primary and intermediate levels, and arrangements are made for children with special dietary requirements.
Penalties are imposed if employers do not hire qualified persons with disabilities. Stipends are paid to citizens with disabilities, to cover transportation, housing, job training and social welfare. Non-citizens do not receive these benefits. Education programs, psychological counselling and specialised courses are provided for incarcerated juveniles suffering from drug and alcohol addiction.
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Refugee Children
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The law does not provide for the granting of asylum or refugee status in accordance with the 1951 UN Convention Relating to the Status of Refugees or its 1967 Protocol, and the government has not established a system for providing protection to refugees.
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Minorities and Indigenous Peoples
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Discrimination is reported against the Shi'a minority, who make up one-third of Kuwaiti citizens. Shi'a are discriminated against in access to religious education and representation in upper levels of government. Shi'a who wish to study for clerical training travel to Iran. A proposal has been made to establish a private college to train Shi'a clerics within the country, but no decision has yet been taken.
Children of long-time Bidoon residents of Kuwait face discrimination; their parents are considered stateless or are unable to pass on their nationality under Kuwaiti law. Despite their families having been resident in Kuwait for generations, Bidoon children are often denied birth certificates needed to access public services, though they now have the right to receive free education and health care. Some bidoon are in the armed forces. Travel documents are not issued to bidoon, so if they travel abroad without documentation they risk being barred from returning to the country. The children of male bidoon inherit their father's undetermined legal status even if born to citizen mothers. In 2003, the Ministry of Defence approved granting citizenship to bidoon who participated in the war with Iraq.
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Academic Freedom
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The Constitution provides for freedom of opinion and of research, except that academics are legally prohibited from criticism of the Emir or of Islam. Academic freedom is also limited by self-censorship.
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Gender Equality
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Remuneration equal to that of a man provided she does the same work" is a legal provision that is not always implemented. 33% of employable women work, many as professors, attorneys, physicians, bankers, engineers and businesswomen. A few have been appointed to senior positions in the Ministries of Education and Planning and in the Kuwait Petroleum Corporation. Female diplomats work abroad. Legislation does not address sexual harassment, which is reported as problematic.
Female citizens married to foreign men are not entitled to government housing subsidies and must pay residence fees for their husbands, whereas foreign women gain citizenship, provided they are Muslim, and their husbands do not pay residence fees for them. Many classes at Kuwait University are segregated by gender, though female students compose some 70% of the student body at the university. Unmarried women must be over 21 to obtain a passport and travel without the permission of a male relative.
Most domestic abuse cases do not result in charges, because they are considered a private matter. Rape and sexual assault are reported as problems for domestic servants and other foreign workers. Honour crimes are prohibited. Under Shari'a law, a woman's testimony is worth half that of a man's, and custody and inheritance rights, although different for Shi'a and Sunni families, discriminate against women.
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Child Labour
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The minimum age for employment is 18 for full-time and part-time work. Permits are required to employ children aged 14 to 18 in certain trades, and they can work no more than 6 hours a day. Underage Asian girls work as domestic servants.
Young boys from South Asia and Africa are trafficked to be used as camel jockeys. Some are reported to be as young as 5 or 6. In 2003, the government mandated that all camel jockeys must be at least 18, but camel races continue to use younger boys. A minimum weight regulation of 45 kg for camel jockeys has been instituted to try to curtail the practice of using children.
The country is a destination for internationally trafficked men, women and children sometimes coerced into debt bondage or involuntary servitude. The government is making efforts to combat trafficking; it revoked the licences of 556 recruitment agencies reported to be involved in illegal practices.
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Trade Union Rights
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Citizens have the right to form and join trade unions. Only 1 union per occupation is permitted, and 14 unions make up the Kuwait Trade Union Federation (KTUF). Less than 4% of the work force is unionised. The ILO and the International Trade Union Confederation have criticised the current system. Draft proposals for a new labour law have been stalled for more than 10 years. Workers syndicates in Health and Education receive government subsidies for infrastructure and operating costs, whereas the ILO urges syndicates and unions to raise their own funds to preserve their independence. The Emir or the courts may dissolve a union. Foreign workers compose over 80% of the labour force and less than 5% of union membership. Unions may affiliate with international bodies. The government has asked the KTUF to report on issues involved in establishing representation of foreign workers.
There is no minimum wage. A 2-tiered labour market provides high wages for citizens, most of whom are government white-collar workers; foreign workers receive substantially lower wages. The Civil Service Law makes no provision for collective bargaining. The government establishes wages and employment conditions for civil service workers, though consultation takes place with civil service unions. The law limits the right to strike, and labour disputes are sent to compulsory arbitration. The ILO is advising the government on how to improve the country's labour situation.
Forced labour is prohibited, except in a national emergency. Foreign workers may not change their employment without permission from their original sponsors until they have been in the country for more than 2 years. Non-citizens do not receive the same social benefits as citizens and must pay fees for education and health care that citizens get free. The labour law limits the standard work week to 48 hours. Domestic servants and other unskilled foreign workers frequently work in excess of 48 hours a week.
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