•
Remove all reservations to ratified treaties, and ensure that international human rights
standards take precedent in the event of any conflict with domestic legislation.
1.2 Cooperation with international human rights
mechanisms and bodies
On 13 September 2010, Kuwait issued a standing invitation to all special procedures mandate
holders. In addition, during the second cycle of its UPR, it supported a number of
recommendations which called for the state to cooperate fully with treaty bodies, special
procedures, and other international mechanisms and institutions. 3
Despite making the aforementioned commitments, Kuwait has failed to respond to visit
requests from the Special Rapporteur on minority issues (requested in 2013), the Special
Rapporteur on the promotion and protection of the right to freedom of opinion and expression
(requested in 2014), and the Special Rapporteur on the situation of human rights defenders
(reminder sent in 2015). Furthermore, it has postponed visit requests from the Special
Rapporteur on contemporary forms of slavery, including its causes and consequences until the
fourth quarter of 2020, and the Special Rapporteur on the human rights of migrants until 2021.
Recommendations:
•
•
Fully cooperate with UN human rights mechanisms, including by accepting pending
visit requests from Special Procedures mandate holders in line with its 2010 standing
invitation;
Ensure full cooperation with Special Procedures mandate holders during upcoming
visits and ensure there are no further undue delays.
2 National human rights framework
Kuwait supported 15 recommendations on establishing a National Human Rights Institution
(NHRI) during its previous UPR.4 In July 2015, Kuwait adopted Law No. 67 on the National
Office for Human Rights,5 providing for the establishment of an NHRI.
However, Law No. 67 of 2015 does not allow for the establishment of an NHRI in compliance
with the Paris Principles, since article 4 provides that the NHRI will be composed of 11
individuals, to be nominated by the Council of Ministers and appointed by emiri decree. As
such, the NHRI is insufficiently independent from the executive.
3
Supported: 157.79 (Morocco); 157.80 (Niger); 157.82 (Latvia); 157.83 (United States of America).
Supported: 157.56 (Rwanda); 157.57 (Timor-Leste); 157.58 (Ireland); 157.59 (Portugal); 157.60
(Poland); 157.61 (Hungary); 157.62 (Togo); 157.63 (Zimbabwe); 157.64 (Afghanistan); 157.65 (Benin);
157.66 (Greece); 157.67 (India); 157.68 (Indonesia); 157.69 (Nepal); 157.70 (Russian Federation).
5
Available at: https://menarights.org/sites/default/files/2016-12/KWT_NHRILlaw_67-2015_AR.pdf
(accessed 3 June 2019).
4
4
UPR KUWAIT