Moreover, the NHRI remains non-operational to date, with no internal charter, designated budget, office space or website.6 Recommendations: • Amend Law No. 67 of 2015 to allow for the creation of an NHRI that is in full compliance with the Paris Principles. 3 Implementation of international human rights obligations 3.1 Fundamental freedoms 3.1.1 Right to freedom of opinion and expression During its last UPR, Kuwait supported a number of recommendations related to the right to freedom of opinion and expression.7 However, while the right to freedom of expression is protected under articles 36 and 37 of Kuwait’s Constitution, the right is restricted by other pieces of legislation. In 2016, the HRCttee expressed concern “about reports of arbitrary arrest, detention, trial, withdrawal of citizenship and deportation of persons who exercise their freedom of opinion and expression,”8 noting in particular Kuwait’s criminalisation of defamation and blasphemy,9 as well as “the application of restrictive, vague and broadly worded provisions” to target individuals who express critical views, including journalists and bloggers. Under the Press and Publications Law,10 freedom of the press is severely restricted, and the government is granted broad powers to decide who can own a newspaper and who can be in the position of editor.11 Furthermore, newspapers are prohibited from publishing on a number 6 F. Al Turki, The National Office for Human Rights...On Paper Only, Al Jarida, 11 March 2019, available at: http://www.aljarida.com/articles/1552235703194750400/ (accessed 3 June 2019). 7 Supported: 157.174 (Italy); 157.177 (United States of America); 157.178 (United Kingdom). 8 HRCttee, Concluding observations on the third periodic report of Kuwait, CCPR/C/KWT/CO/3, 11 August 2016, para. 40. 9 The HRCttee has affirmed that “imprisonment is never an appropriate penalty” for acts of defamation, and that “[p]rohibitions of displays of lack of respect for a religion or other belief system, including blasphemy laws, are incompatible with the [ICCPR]”, except under the conditions set out in article 20. For more, see: HRCttee, General comment No. 34 – Article 19: Freedoms of opinion and expression, CCPR/C/GC/34, 12 September 2011, para. 47. 10 Available at: https://menarights.org/sites/default/files/201901/KWT_PressAndPublicationsLaw_EN.pdf (accessed 8 July 2019). 11 Newspapers are required to obtain a licence from the authorities before commencing publication, but only the owner of an establishment or a company may be issued such a licence. For a daily newspaper, this establishment or company must have a capital of at least 250,000 Kuwaiti Dinars (822,000 USD). In addition, a vaguely-worded provision states that the editor of the newspaper must “have good conduct and reputation”, granting the authorities the discretion to decide who can hold this position. 5 UPR KUWAIT