CAT/C/KWT/CO/3
(d)
The adoption of the Domestic Workers Act No. 68 giving domestic workers
enforceable labour rights, in 2015;
(e)
The adoption of Act No. 67 on the establishment of a national human rights
institution (Diwan Huquq Al Insan), in 2015;
(f)
The adoption of the Rights of the Child Act No. 21, which provides, inter
alia, for the protection of children from violence, abuse, neglect and exploitation, in 2015.
5.
The Committee also welcomes the initiatives of the State party to amend its policies,
programmes and administrative measures to give effect to the Convention, including:
(a)
Issuance of the Council of Ministers decision No. 409 regarding civil, social
and humanitarian benefits accorded to the Kuwaiti biduns, referred to as “illegal residents”
in the State party’s report, in 2011;
(b)
Issuance of ministerial decision No. 201/Ain, under which forced labour is
criminalized, in 2011;
(c)
Establishment by ministerial decree No. 116 of the Supreme National
Committee under the chairmanship of the Deputy Minister of Health to lay the foundations
and plans required to protect children from ill-treatment and neglect, in 2013;
(d)
Establishment of a large-capacity shelter for domestic workers who flee
abusive employers, in 2014;
(e)
Promulgation of ministerial decision No. 127 on the recommendation of the
Supreme National Committee, which prescribes the establishment of a mechanism for
reporting suspected cases of child abuse and neglect, in 2014;
(f)
Establishment of the Department of Community Policing under the Ministry
of the Interior.
C.
Principal subjects of concern and recommendations
Pending follow-up issues from the previous reporting cycle
6.
The Committee regrets the absence of information requested by the Committee on
follow-up issues contained in paragraphs 10, 11 and 17 of its previous concluding
observations with regard to, respectively:
(a)
The establishment of an independent complaint mechanism for investigation
into allegations of torture;
(b)
The number of complaints filed against public officials on torture and illtreatment and the outcome of related proceedings;
(c)
Questions concerning the application of the death penalty.
Definition and criminalization of torture
7.
The Committee remains concerned at the continued absence in the Criminal Code of
the State party of a distinct crime of torture based on the definition in article 1 of the
Convention, including its mental and psychological aspects. It is concerned that torture is
still considered as a misdemeanour, offence or common assault in domestic penal
legislation and that the current maximum penalty for torture is only five years and is
therefore not commensurate with the gravity of this crime (arts. 1 and 4).
8.
The Committee reiterates its previous recommendation (see A/53/44, para. 230,
and CAT/C/KWT/CO/2, para. 7) that the crime of torture, which includes all elements
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