KUWAIT: THE POLITICAL CRISIS CANNOT BE USED AS AN EXCUSE FOR THE STATE TO EVADE ITS TREATY OBLIGATIONS
Alkarama expresses its concern about the ongoing repression campaign in Kuwait since the issuance of an emirate decree, which led to the dissolution of parliament and the suspension of certain articles of the constitution in May 2024, in violation of the country's international human rights commitments and the recommendations of relevant United Nations bodies, particularly during the last periodic review of the State.
The Emir of Kuwait, Mishaal Al-Ahmad Al-Sabah, who came to power following the death of his predecessor Nawaf Al-Ahmad Al-Sabah on December 16, 2023, announced on May 10, 2024, the dissolution of the National Assembly and the suspension of certain articles of the constitution for a period of up to four years.
This decision has raised serious concerns about the future of the democratic experience in the country, the first Gulf state to have adhered to the International Covenant on Civil and Political Rights on May 21, 1996, as well as numerous human rights conventions.
In parallel with this decision, the authorities have conducted arrest campaigns and unfair trials against opposition activists and former and current members of parliament, including parliamentary candidate Messaed Al-Qarifa, former members of parliament Walid Al-Tabtabaei, Hamad Al-Alyan, Abdullah Fahad, and current members of parliament Mohammed Barak Al-Mutair and Anwar Al-Fikr.
The Kuwaiti criminal court has sentenced them to prison terms of up to four years and imposed travel bans. All these decisions are motivated by the peaceful exercise of the right to freedom of expression and opposition to measures adopted by the new Emir since he took power.
The judgments are based on certain provisions of the 1960 Penal Code, which criminalizes "offenses against the person of the Emir" – including any criticism of him – legislation that infringes on the rights guaranteed by the International Covenant on Civil and Political Rights and thus requires revision.
Alkarama once again recalls Kuwait's commitments to relevant United Nations bodies on human rights, notably the recommendations of the Human Rights Council, the Human Rights Committee, and the Committee Against Torture.
Alkarama will not hesitate to resort to all international judicial actions if the authorities continue the campaigns of persecution and intimidation against political opponents and do not immediately release the detainees by annulling the unfair judgments pronounced.
Alkarama urges the families of victims and activists to raise their voices, affirming its willingness to file complaints on their behalf with the various competent human rights bodies and procedures. Current or former members of parliament who are victims can also appeal to the Inter-Parliamentary Union's Human Rights Committee, and Alkarama is ready to assume this role on their behalf.
Activities of Alkarama
Alkarama has closely followed the deterioration of the human rights situation in Kuwait in recent years and submitted a shadow report to the United Nations Human Rights Council on June 18, 2019, as part of Kuwait's third universal periodic review. In its report, it proposed around 25 recommendations aimed at improving the country's human rights record, recommendations that were taken into account by United Nations experts.
Alkarama has addressed the significant deterioration of human rights in the country since 2014, the restrictions imposed on freedom of expression, and the decline of the right to freedom of expression, particularly after Kuwait introduced the Electronic Crimes Law in 2015, used to suppress human rights activists, journalists, or peaceful opponents, as well as the increasing use of revocation of Kuwaiti nationality. Alkarama documented 33 such cases in recent years, including that of Kuwaiti academic Hakim Al-Mutairi.
Alkarama also made important recommendations in its shadow report submitted to the Committee Against Torture, in which it called on the Committee to urge the country's authorities to comply with their obligations under the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.
In the same context, Alkarama made a significant contribution through the shadow report submitted to the United Nations Human Rights Committee – responsible for monitoring the implementation of the International Covenant on Civil and Political Rights – as part of the third periodic review of the State party.
Alkarama continues its activities in this area to put an end to the deterioration of human rights in Kuwait and recommends that the authorities revise their policies likely to exacerbate internal tension and harm the country's image abroad.
Alkarama emphasizes the need to release all members of parliament, annul the judgments against them, and engage in a comprehensive reconciliation process focused on human rights.