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 2

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