Human rights in modern society are not just a commodity; they hold greater importance. As we enter the new millennium, endless possibilities arise. Globalization has reached a global level, shedding light on crucial matters like human rights. These concerns have surpassed local boundaries and evolved into significant global issues. International organizations now monitor governments and assess their dedication to and handling of human rights.
In the era of globalization, countries engage in free trade and exchange knowledge and technology. To thrive in this new environment, a country must cultivate positive relationships with others. Developing strong relationships entails addressing domestic concerns, including human rights, as the human factor is vital in the brain-based industries that dominate globalization. The Director of the Kuwait Information Office in Washington affirmed that Kuwait’s democratic process aligns with Western ideals, which is evident throughout its modern history.
Since 1948, the United Nations has embraced the “Universal Declaration of Human Rights,” establishing fundamental benchmarks that all nations should strive for to safeguard and uphold basic freedoms and rights for every individual. These benchmarks encompass principles of equality irrespective of race, color, sex, language or religion, as well as the right to life, liberty and security. The Declaration serves as a guiding principle for all. Any violation of its articles elicits substantial pressure and criticism from peers seeking to rectify the situation.
Al-Ghabra stated that it is becoming increasingly challenging to uphold authoritarian regimes in the present era. In 1997, the number of countries with presidents elected through elections rose to 116, a significant increase from 39 nations in 1974. Kuwait, a Middle Eastern country, has made remarkable progress in establishing and protecting human rights. Despite being only 38 years old, Kuwait has implemented measures surpassing those of older nations. Its constitution, dating back to 1962, includes numerous articles guaranteeing human rights.
Kuwaiti Parliament member AbdulMohsen Jamal believes that the constitution has been a notable achievement for Kuwait, earning international recognition. The constitution follows a humanistic and capitalist approach to meeting the needs of its people and society. It highlights the importance of fairness and balanced collaboration between the public and private sectors, with the goal of fostering economic advancement and enhancing quality of life.
The constitution devotes a section to addressing both rights and public obligations. This chapter safeguards individual freedoms, such as personal liberty, freedom of religion, freedom of the press, and freedom of assembly. Moreover, it ensures the right to education and employment.
Kuwait’s constitution establishes it as a democratic nation, specifically through Article 6. Furthermore, Article 7 emphasizes the importance of freedom, fairness, cooperation, and mercy among its citizens. In terms of security and opportunities, Article 8 addresses the government’s responsibility. Regardless of race, sex, language or religion, equality in responsibilities and public duty is ensured by Article 29. Personal freedom is guaranteed according to Article 30 while religious freedom is protected by Article 35. Additionally, under Article 43, the establishment of non-governmental organizations using peaceful means outlined by the law is allowed. The parliament consists of 50 members elected by the people as stated in Article 80.
In addition to its own constitution, Kuwait has ratified several international treaties related to human rights including those against all forms of discrimination against women and torture as well as for children’s rights. It is worth noting that Kuwait was also the first Arabian Gulf country to ratify the International Covenant on Economic Social and Cultural Rights and the International Covenant on Civil and Political Rights formulated by the International Committee for Human Rights in 1954.
In 1999, the Amir of Kuwait signed a decree granting women the right to vote and hold office by 2003. This was a significant milestone for Kuwait’s democracy and the result of 30 years of determination and effort by Kuwaiti women to secure their constitutionally guaranteed rights. The invasion of Kuwait in 1990 highlighted the important role played by Kuwaiti women in public life.
The international community responded positively to this decree. Former American President Bill Clinton described it as a “historic step” that would ensure a strong future for Kuwait. The European Union also welcomed the decision, recognizing the vital role women play in Kuwaiti society.
Prominent figures such as the Speaker of the Russian Duma, the Director General of UNESCO, and Lebanese Prime Minister Saleem Al-Huss expressed their support.
Human rights organizations globally have praised Kuwait for its recent action, which has had a significant impact on the involvement of women in politics, society, the economy, and particularly in human development. An anonymous woman stated, “I believe that a society that has witnessed the passage of time, conflicts, and occupations is capable of achieving success through this democratic step towards transforming our nation into a developed platform as we step into the new millennium.” Despite widespread support, analysts anticipate that a small faction of Islamic detractors may express their opposition during the forthcoming parliamentary session dedicated to this matter.
In a lecture held in Virginia, Al-Ghabra expressed his belief that it would be extremely challenging to reject the decree, making approval the most probable outcome.
According to Al-Ghabra, the president of Kuwait University and the secretary of state for higher education are both women, showing that women possess strength and power. Furthermore, by 2003, the number of eligible women voters and candidates will surpass that of men, with nearly 140 thousand women compared to nearly 137 thousand men.
In addition to discontinuing the martial laws court and the National Security Court in 1995, both of which had a negative impact on Kuwait’s human rights record, the government of Kuwait also implemented other positive measures after the invasion of 1990. The Amir issued a decree to reduce the sentences handed down by these courts.
In 1999, the Amir of Kuwait granted amnesty to eight Jordanian citizens who had been found guilty by martial courts of collaborating with Iraqi forces during the 1990 invasion. The decision was based on humanitarian grounds. Previously, in 1996, a similar decree was issued which resulted in the release of ten Jordanian citizens who had also been convicted for the same offense.
Kuwait’s democratic journey began in 1921 with the establishment of the AlShoura Council, a political organization responsible for dealing with state authorities and their management. The first election experience for Kuwaitis occurred in 1930 when the Municipal Council was established. In 1963, Kuwait witnessed the election of its first National Assembly, consisting of 50 members. Throughout its history, Kuwait has consistently provided free education and healthcare services to its citizens as dictated by the constitution. Affordable housing also became accessible to citizens. While national security concerns occasionally resulted in press censorship, Kuwait maintained freedom of the press, surpassing other Gulf countries. This democratic environment allowed for a more assertive and truthful press as people demanded accurate accounts of events rather than vague ones.
The invasion of Kuwait by Iraq in 1990 had a lasting impact on the freedom and democracy of the country, resulting in the imprisonment of over 600 Kuwaitis. This situation continues to have consequences for the people of Kuwait today.
The aftermath of the Iraqi invasion in Kuwait continues to have a lasting impact on the people, specifically regarding missing individuals and prisoners of war (POWs). The Iraqi regime consistently denies the existence of these individuals. In order to put pressure on the Iraqi government and secure the release of captured Kuwaitis, the Kuwaiti government established the National Committee for Missing and POW Affairs (NCMPA) in May 1991. The main goal of this committee was to create comprehensive records for all Kuwaitis who went missing during the invasion. These records would allow the Red Cross to officially engage with the Iraqi government on this issue. By representing families of missing Kuwaitis and POWs, the NCMPA aimed to provide them with physical and mental support while ensuring their financial stability.
One of the responsibilities of the organization was to raise global awareness about Kuwait’s missing people and prisoners of war in Iraq, along with its consequences. The organization is dedicated to resolving this situation by advocating for the release of those who are missing and the prisoners of war, including eight women. The Amir of Kuwait is actively involved in engaging with international powers to secure the liberation of these Kuwaiti individuals.
Despite Kuwait’s comparatively positive and advanced human rights record in the Middle East, there exists a slight negative aspect to it.
“Bidoon” or stateless individuals continue to reside in Kuwait, where they are often deprived of basic needs such as education and healthcare. This deprivation is intended to pressure them into disclosing their actual identities.
Observers believe that certain individuals, referred to as “Bidoon,” may hold citizenship in other countries. However, these individuals consistently refuse to reveal their actual nationality and insist that they are genuine Kuwaitis. As a result, they can live in Kuwait and enjoy the numerous benefits and services offered to its citizens free of charge.
There is a growing issue in Kuwait where many individuals are being compelled to disclose their true identity in order to remain in the country. Several people have resisted, leading to a decline in their quality of life. It should be noted that there are Kuwaiti citizens who have unintentionally lost their identity due to errors made by computers or humans. Nevertheless, the Kuwaiti government is presently working on rectifying this situation and restoring citizenship to those impacted by these mistakes. The government has consistently assured the public of its resolve and commitment to resolving the predicament faced by the “Bidoon”.
Another problem tarnishing Kuwait’s commendable human rights record is the significant population of workers, primarily from Asia, who endure substandard working conditions and receive meager wages. The voices of these workers are growing louder as they demand their rights and have taken part in protests to express their dissatisfaction. Kuwait, regrettably, does not possess an independent non-governmental organization focused on safeguarding human rights to address these concerns. Although an unofficial human rights organization and a human rights committee exist within the National Assembly, their official recognition is still pending.
Member of Parliament AbdulMohsen Jamal emphasized in an interview with Kuwait News Agency that not recognizing a human rights organization is inherently negative. He highlighted that these organizations serve as a refuge for individuals seeking help when facing human rights violations.
There are undisclosed motives for impeding the advancement of the organization, which aims to advocate for human rights matters concerning Kuwait and its people on a global scale. Additionally, this organization would contribute favorably to Kuwait’s highly developed democratic standing, which is regarded as one of the most exemplary among numerous developing nations.
Jamal highlighted the significance of the organization in the civil society, emphasizing its role as a vital mechanism to address unresolved matters between people and the government. He compared it to a filter that helps identify and tackle negative issues that could potentially harm society. Additionally, he emphasized that a human rights organization aims to exercise constitutional rights, investigate local human rights violations, propose new laws or enhance existing ones for positive changes in Kuwait’s human rights landscape, while actively participating in current local affairs.
Jamal highlighted that the organization’s objective is not to challenge the government, but instead to support peace and justice. According to Jamal, the organization acts as a safeguard for Kuwait and demonstrates society’s resilience. He concluded that on a global scale, there is a growing commitment from the international community to encourage human rights by offering guidance to local governments on enhancing them. Jamal also asserted that in today’s world, a society’s advancement and growth are assessed based on how effectively its citizens enjoy human rights above everything else.
