The Law And Kuwaiti Citizens: Who Does It Affect?

Kuwait is a constitutional monarchy with a parliamentary government. Its legal system is largely secular, modelled after the French legal system, and a mix of English common law, French civil law, Egyptian civil law, and Islamic law. The country's legislation is based on Sharia law, which governs only family law for Muslim residents, while non-Muslims in Kuwait have a secular family law. Kuwait's state religion is Sunni Islam, and the country's laws apply to both citizens and expatriates.

Kuwaiti laws on freedom of expression

Kuwait is a constitutional monarchy with a parliamentary government. The country's legal system is largely secular, with Sharia law governing family law for Muslim residents, and a secular family law for non-Muslims. Kuwait's legal system is a mix of English common law, French civil law, Egyptian civil law, and Islamic law.

The Kuwaiti Constitution guarantees freedom of opinion and scientific research. However, the right to express and propagate opinions is restricted by laws that criminalise defamation of Islam, inciting persons to commit crimes, creating hatred, or spreading dissension. The country's Printing and Publications Law and Penal Code impose criminal punishments for vaguely worded offences and allow for prior censorship. These restrictions go beyond what is permitted under the International Covenant on Civil and Political Rights (ICCPR).

The Kuwaiti government has been criticised by human rights organisations for imposing serious restrictions on freedom of expression and media, including censorship and criminal libel laws. The government actively monitors social media and has incarcerated bloggers and political activists for expressing opinions critical of the government, royalty, and religion.

The law also imposes penalties for creating or sending "immoral" messages or spreading false news. It is illegal to insult religion, criticise the Amir (leader of Kuwait), endanger relations with friendly countries, insult members of the judiciary, compromise classified information, practice sorcery, or publish information that could lead to a devaluation of the currency or create false economic worries.

The law forbids the publication or transmission of any information deemed subversive to the constitutional system or a threat to national security. The government has prosecuted online bloggers, political activists, and social media outlets under the Cybercrime Law, the Printing and Publications Law, and the National Security Law.

While independent media is active in Kuwait and expresses a variety of views, self-censorship is common due to fear of prosecution. All print media is privately owned, but their independence is limited by law. The government does not permit non-Islamic religious publishing companies.

The law also restricts the freedom of assembly and association. Non-citizens and stateless persons (known as Bidoon) are prohibited from demonstrating, and citizens are required to obtain permits for gatherings of more than 20 people. Bidoon activists have reported regular harassment from authorities when attempting to assemble or organise campaigns for equal rights.

Kuwaiti laws on freedom of peaceful assembly

Kuwaiti law permits freedom of assembly for its citizens. However, public protests in Kuwait are infrequent, and the law continues to criminalize those involving over 20 people that have not received prior permission from the authorities. The law also prohibits non-Kuwaiti nationals from protesting in the country.

The Constitution of Kuwait guarantees freedom of opinion and scientific research. Every person has the right to express and propagate their opinion verbally, in writing, or otherwise, in accordance with the conditions and procedures specified by law. The Constitution also guarantees freedom of the press, printing, and publishing, in accordance with the conditions and manner specified by law.

Kuwait's legal system is largely secular, with a mix of English common law, French civil law, Egyptian civil law, and Islamic law. The court system in Kuwait is secular, and unlike other Arab states in the Persian Gulf, it does not have Sharia courts. Sections of the civil court system administer family law, with separate court sections for Sunni, Shia, and non-Muslim residents.

While the Constitution guarantees certain freedoms and rights, there are also strict laws regarding the country's head of state, the Amir, the Crown Prince, and the Prime Minister. It is illegal to challenge or insult the Kuwaiti leadership in any way, including through social media. Additionally, Kuwait has strict laws on relationships and LGBTQIA+ issues, with same-sex relations and impersonating the opposite sex being illegal.

Kuwaiti laws on the right to a healthy environment

Kuwait's legal system is a mix of British common law, French civil law, Egyptian civil law, and Islamic law. The country is a constitutional monarchy with a parliamentary government and a secular court system. Sharia law governs family law for Muslim residents, while non-Muslims in Kuwait have a secular family law.

While Kuwait has no specific laws on the right to a healthy environment, the country's plans to increase fossil fuel production go against the international scientific consensus on preventing extreme climate change. Kuwait is one of the world's top five emitters of CO2 per capita and has faced increasingly extreme summer heat due to climate change.

The country's regulatory approach to health and safety for outdoor workers is inadequate, and existing policies do not effectively protect workers from dangerous heat levels. Additionally, Kuwait's air pollution levels are often at dangerous levels, increasing the risk of respiratory problems for its residents.

Regarding other environmental concerns, Kuwait has unexploded weapons, including landmines, in desert areas and on some beaches. The country also faces regular sand and dust storms.

Kuwaiti laws on migrant workers' rights

Kuwait's legal system is largely secular and is based on a mix of English common law, French civil law, Egyptian civil law, and Islamic law. The country is a constitutional monarchy with a parliamentary government.

Migrant workers make up a significant proportion of Kuwait's population, with foreign nationals constituting 60% of the population and 78% of the labor force. Kuwait's economy is highly dependent on foreign labor, and the country has signed agreements with several countries to facilitate the recruitment of migrants. The kafala sponsorship system is the primary method of recruiting migrant workers, and it is also used to monitor them closely. Migrant workers primarily work in the construction and domestic sectors.

Despite recent reforms, migrant workers in Kuwait remain vulnerable to abuse, forced labor, and deportation for minor infractions. Kuwait's kafala system ties migrant workers' visas to their employers, making them dependent on their sponsors' goodwill. This system has been criticized for enabling the exploitation of migrant workers and shielding employers from legal responsibility for charges of non-payment, forced labor, or abuse.

In 2015, Kuwait introduced a new standard contract for migrant workers, granting them a weekly day off, 30 days of annual paid leave, a 12-hour workday, and an end-of-service benefit. However, protections for domestic workers are still weaker than those in Kuwait's labor law, and enforcement mechanisms are lacking.

Migrant workers, particularly women, are vulnerable to human rights abuses such as non-payment of wages, excessively long working hours, physical and sexual abuse, and denial of food and medical care. They also face restrictions on their freedom of movement, with employers often confiscating their passports and restricting their ability to leave the house.

Kuwait has taken some steps to address these issues, such as passing Law No. 91 of 2013, which prohibits sex and labor trafficking and provides for penalties of up to 15 years in prison. However, more needs to be done to protect the rights of migrant workers in the country.

Kuwaiti laws on LGBTIQA+ rights

Kuwait is a constitutional monarchy with a parliamentary government and a legal system based on a mix of British common law, French civil law, Egyptian civil law, and Islamic law. The country's legislation is based on Sharia law, which governs only family law for Muslim residents, while non-Muslims in Kuwait have a secular family law.

In Kuwait, lesbian, gay, bisexual, and transgender (LGBTQIA+) people face significant challenges and discrimination not experienced by non-LGBTQIA+ residents. Same-sex sexual activity between men is specifically outlawed, and LGBTQIA+ individuals may also be targeted under public morality laws.

Legal Status of Same-Sex Sexual Activity

Article 193 of Kuwait's Penal Code explicitly prohibits male same-sex sexual activity, with a penalty of up to seven years in prison and fines. Although there is no specific law criminalizing same-sex sexual activity between women, it is technically illegal because, in Kuwait, individuals cannot consent to sex unless they are married. As same-sex marriage is not recognized in Kuwait, lesbian sexual activity is effectively illegal.

Enforcement of Laws Criminalizing Same-Sex Sexual Activity

There is evidence of the law criminalizing same-sex sexual activity being enforced in recent years. For example, in April, police raided a "homosexual massage parlour," arresting 41 people. In August, a "moral" crackdown on the LGBTQIA+ community led to the deportation of 76 men and the shutdown of 22 massage parlours suspected of being hubs for homosexual activity.

Discrimination and Violence

Kuwaiti LGBTQIA+ individuals face societal discrimination, harassment, and abuse, including by officials. Transgender people appear particularly vulnerable to abuse. A report by Human Rights Watch documented significant societal discrimination and abuse of transgender women, including harassment, sexual assault, physical violence, and psychological abuse.

Recognition of Gender Identity

Kuwait does not recognize diverse gender identities. Transgender individuals have been arrested and deported for "imitating the opposite sex," even after the Constitutional Court overturned Article 198 of the Penal Code, which prohibited such "imitation." In 2022, the Kuwait Times published an article stating that the police deported 3,000 transgender and gay people for "imitating" the opposite sex.

LGBTQIA+ Organisations and Events

There are no known LGBTQIA+ organisations or charities in Kuwait to campaign for LGBTQIA+ rights or organize educational and social events for the community. While a group of Kuwaitis applied for a permit to form an LGBTQIA+ rights association in 2007, the Ministry of Labor and Social Affairs never formally replied. No public LGBTQIA+ events or pride marches are held in the country.

Censorship of LGBTQIA+ Issues

Kuwait practices state-enforced censorship of LGBTQIA+ issues. While the Constitutional Court overturned Article 198 of the Penal Code, which criminalized "imitation of the opposite sex," Article 21 of the Press and Publications Law (extended to online publications under the Law Regulating Electronic Media in 2016) prohibits the publication of anything that would insult public morals. In August 2023, Kuwait banned the film "Barbie," claiming it "promoted homosexuality."

LGBTQIA+ Rights and Protections

Kuwait offers no legal protections against LGBTQIA+ discrimination, including in employment and housing. Same-sex marriage is not recognized, and adoption is not legal for anyone in Kuwait. LGBTQIA+ individuals are not allowed to serve openly in the military, and there is no right to change one's legal gender.

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