‘Kuwait keen on protecting rights, advocate of freedom’ ‘Constitution, public order priority’

GENEVA, May 12, (KUNA): Kuwait is keen on upholding human rights values and is an advocate of freedom, out of belief that this is fundamental for protecting human, social, and national heritage, said Kuwait’s Minister of Social Affairs and Labor Dr Mohammad Al-Afasi on Wednesday. Speaking at the Human Rights Council Eighth Universal Periodic Review, which kicked off in Geneva on May 3 and will continue through to May 14, the minister, who heads the country’s delegation to the meeting, said that spreading the “culture” of human rights was not limited to media policies, but extended to basic education and college curricula, as well as military and security institutions.

He noted that despite the damage incurred to the State’s institutions during the 1990 Iraqi invasion of Kuwait, the country was able to overcome difficulties and reinstate economic, security, social, and psychological stability for all those residing in Kuwait, “and awareness grew over the need to develop mechanisms for the protection of human rights and boosting liberties.” Al-Afasi stated that his country was attractive for foreign manpower of different nationalities and religions, and those monitoring human rights would have to take a closer look at Kuwait to understand its democratic practice and its great ability to manage and protect the rights of people living on its territory.

The continued flow of manpower to Kuwait is proof that it is an institutional state where law prevails and where people’s rights are respected, with no discrimination, he said. He added that human rights and basic freedoms were stipulated in the Kuwaiti Constitution of 1962.
“The State’s efforts to further boost human rights are constant,” he said, noting that national legislation was periodically reviewed to uphold human rights principles and values.
Laws that ensure rights include the Kuwaiti women’s attainment of their political rights introduced in 2005, he said, as well as the private sector employment law passed in February 2010, which guaranteed the rights of the labor force working in private institutions, including minimum wage and the rights to change jobs without prior consent from the previous employer.

Al-Afasi noted that domestic workers did not fall under the private sector law, and their needs were met through the law passed earlier this year to regulate the working relationship between the employer and the employee, and stipulating working hours, rest periods, and salaries.
In another development, Kuwait affirmed its commitment to international human rights conventions, provided they did not clash with the Constitution and public order.
This came in a question and answer session following the presentation of Kuwait’s report at the Human Rights Council Eighth Universal Periodic Review.
Dr. Rasheed Al-Enizi, a professor of international law at Kuwait University, said that Kuwait was a member of most important conventions of the International Labor Organization (ILO) and the Universal Human Rights Convention.
Responding to a question put forth by representatives of Argentina and Switzerland, he explained that these conventions endorsed by Kuwait were considered an inseparable part of the Kuwaiti law, according to Article 70 of the Kuwaiti Constitution.
He affirmed the keenness of the Kuwaiti judicial system to implement these agreements, adding that specialized committees were formed to oversee this matter.

Moreover, he said that Kuwait retained the right to express reservations regarding certain articles in any convention, should they conflict with the Constitution or public order.
On his part, Judge Mohammad Al-Sana’e responded to queries about the death penalty in Kuwait, explaining that this was based on the fact that punishment by death was stipulated by the Islamic Sharia, which was one of the major sources of legislation of the State.
He calmed concerns over this matter, saying that it was only used under certain limited circumstances and to punish serious crimes, as a deterrent and to protect the security of the country as a whole.
Certain factors are taken into account, he said, and explained that the death penalty was not passed down to people below the age of 18 or pregnant women, and only after the endorsement of His Highness the Amir, who has the right to order reduction of penalty or issue of a pardon.
 

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