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  Legal Instruments   

This section provides a list of international conventions and regional/bilateral agreements to which each country is a signatory, as well as national legislation that deals with movement, migration, asylum and human rights. Each listing includes a PDF/ link to a publically accessible document of the convention/law mentioned.
  International Conventions:

General International Law

Vienna Convention on Consular Relations, 24 April 1963 (entered into force 19 March 1967) 596 U.N.T.S 261.

Signed 1965, Ratified 1975

PDF

 

International Criminal Law 

Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, 2 December 1949 (entered into force 25 July 1951) 96 U.N.T.S. 271.

Ratified 1968

PDF

 

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 10 December 1984 (entered into force 26 June 1987) 1465 U.N.T.S. 85 [CAT].
Ratified 1996
PDF 

 

Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime, 15 November 2000 (entered into force 15 November 2000) 2241 U.N.T.S. 507 [Palermo Protocol].
Ratified 2006

PDF

 

Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, 15 November 2000 (entered into force 15 December 2000) 2237 U.N.T.S 319 [Palermo Protocol]

Ratified 2006

PDF

 

United Nations Convention Against Transnational Organized Crime, 15 November 2000 (entered into force 29 September 2003) 2225 U.N.T.S 209.

Signed 2000, Ratified 2006

PDF

 

Slavery Convention, 25 September 1926 (entered into force 7 July 1955), 60 L.N.T.S. 253.

Ratified 1963 PDF

 

International Human Rights Law

Convention on the Elimination of All Forms of Discrimination against Women, 18 December 1979, 1249 U.N.T.S 513 [CEDAW].

Signed N/A, Ratified 1994
PDF 

 

Convention on the Elimination of All Forms of Racial Discrimination, 7 March 1966, 660 U.N.T.S 195 [CERD]. Signed N/A, Ratified 1968
PDF

 

Convention on the Rights of the Child, 20 November 1989, 1577 U.N.T.S. 3 [CRC].

Signed N/A, Ratified 1991
PDF

 

International Covenant on Civil and Political Rights, 16 December 1966, 999 U.N.T.S. 171 [ICCPR].

Ratified 1996
PDF


International Covenant on Economic, Social and Cultural Rights, 16 December 1966 (entered into force 3 Jan 1976) 993 U.N.T.S. 3 [ICESCR].

Ratified 1996
PDF

 

Universal Declaration of Human Rights, UN General Assembly Resolution A/RES/217 A (III), 10 December 1948, Art 14. [UDHR].

PDF

 

International Humanitarian Law/Law of war


Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, 12 August 1949 (entered into force 21 October 1950) 75 U.N.T.S. 31 [First Geneva Convention].

Ratified 1967

Link to Conv.


Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, 12 August 1949 (entered into force 21 October 1950) 75 U.N.T.S. 85 [Second Geneva Convention].

Ratified 1967

Link to Conv.


Geneva Convention relative to the Treatment of Prisoners of War, 12 August 1949 (entered into force 21 October 1950) 75 U.N.T.S. 135 [Third Geneva Convention].

Ratified 1967

Link to Conv.


Geneva Convention relative to the Protection of Civilian Persons in Time of War, 12 August 1949 (entered into force 21 October 1950) 75 U.N.T.S. 287 [Fourth Geneva Convention].

Ratified 1967

Link to Conv.
 

Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts, 8 June 1977 (entered into force Dec. 7, 1978.) 1125 U.N.T.S. 3 [Protocol I].

Ratified 1985

Link to Protocol.

 

Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts, 8 June 1977 (entered into force 7 December 1978) 1125 U.N.T.S. 609 [Protocol II].
Ratified 1985
Link to Protocol

 

International Labor Law


ILO Convention C 111 Discrimination (Employment and Occupation) Convention (1958).

Ratified 1966

Link to Conv.

 

ILO Convention C 29 Forced or Compulsory Labour Convention (1932).

Ratified 1968
Link to Conv.

ILO Multilateral Framework on Labour Migration (2005).

Link to Framework

 

International Trade Law 

General Agreement on Trade in Services, 15 April 1994  (entered into force 01 January 1995), L336, p. 191 [GATS].

PDF

 

Protocol to the General Agreement on Trade in Services (GATS) (Movement of Natural Persons), 16 October, 1995 (entered into force 26 July 1996), L167, P. 43 [Protocol III]

PDF



  Regional and Bilateral Agreements:

Regional Agreements

Charter of the Gulf Cooperation (1981)
Link to Charter

EU and Gulf Countries Cooperation Agreement addresses cooperation in trade in services, Article 1 and 2 (1988).
PDF

Economic Agreement between Gulf Cooperation Countries addresses issues on labor migration and rights of mobility within the gulf countries (2004).
PDF_Arabic

Agreement among the Gulf Cooperation Countries on jurisdictions (1997).
PDF_Arabic

Arab Labor Convention No. 16 on Labor Social Services  (1983)

PDF_Arabic

 

Protocol for the Treatment of Palestinians in Arab States, League of Arab State (1965). Link to protocol_Eg

 

The Statute of the Organization for the Development of Women in the OIC Member States PDF

 

Irregular Migration & Readmission Agreements 

Memorandum of Understanding on Migration between the Government of Kuwait and the United Kingdom of Great Britain and Northern Ireland (2014).
PDF_Arabic

 

Labor Agreements 

Memorandum of Understanding between the Government of Kuwait and the Government of Sri Lanka on the Field of Labor, Recruitment and Development of Manpower (2014). 
PDF_Arabic

Memorandum of Understanding between Kuwait and Sri Lanka on labor, requirement and manpower (2014). 
PDF_Arabic

Labor Agreement between Egypt and Kuwait (2000)
PDF_Arabic 


Social Security Agreements 

Agreement between Tunis and Kuwait on social affairs and labor (2016)
PDF_Arabic

 

Other Relevant Agreements 

Agreement of Cooperation between Kuwait and Hungry in the field of higher education and research (2013)
PDF

Technical Cooperation Agreement between Kuwait and Egypt (1993)

  National Legislation:

Migration and Labor 

Amiri Decree 17 of 1959 consists of 28 articles, regulates the residency rules for expatriates. Amendments to the law have occurred over the decades, including, Law No.17 of 1959, Law No. 1 of 1963, Law No. 26 of 1965, Law No. 17 of 1988, Law Decree No. 41 of 1987; and Law Decree No. 7 of 1988
GLMM_PDF_Ar

Law No. 33 of 1975 concerning treating citizens of the Kingdom of Saudi Arabia, the United Arab Emirates and Bahrain similar to citizens of Kuwait
GLMM PDF_Ar

Law No. 74 of 979 regulating the ownership of real estate by non-Kuwaitis
GLMM PDF_Ar

Ministerial Order No. 51 of 1982 concerning allowing GCC citizens to practice certain professions in Kuwait
GLMM PDF_Ar

Ministerial Decision No. 52 of 1982 concerning allowing GCC citizens to engage in economic activity in Kuwait
GLMM PDF_Ar

Ministerial Order No. 123 of 1982 regarding fees of entry visas for US Citizens
GLMM PDF_Ar

Ministerial Order No. 64 of 1982 concerning the issuance of labor cards for non-Kuwaiti workers in the private sector 
GLMM PDF_Ar

Ministerial Decision No. 330 of 1982 foreigners residency grace period
GLMM PDF_Ar

Ministerial Order No. 45 of 1983 concerning allowing GCC citizens to engage in economic activities
PDF_Ar

Ministerial Order No. 77 of 1984 concerning the issuance of work permits for Non-Kuwaiti workers in the private sector
GLMM PDF_Ar

Ministerial Order No. 83 of 1984 concerning the prohibition of accepting work permit applications for females from the people's republic of Bangladesh
PDF_Ar

Ministerial Order No. 640 of 1987 issuing the implementing regulation of Law no. 17 of 1959 on the residence of foreigners
GLMM PDF_Ar

Ministerial Order No. 2 of 1987 concerning allowing GCC citizens to engage in retail trade
PDF_Ar

Law No. 1 of 1999 on Alien health insurance and the imposition of fees against medical service
 
GLMM PDF_Eg

Ministerial Order No. 92 of 1990 amending MD 87 of 1989 concerning regulation of work in the private sector 
GLMM_PDF_Ar

Ministerial Decision No. 7 of 1988 concerning allowing GCC citizens to engage in freelance work in Kuwait
PDF_Ar

Ministerial Decision No. 8 of 1988 concerning allowing GCC citizens to engage in economic activity in the state of Kuwait
PDF_Ar

Ministerial Order No. 2 of 1992 concerning dependents joining foreigners in the country 
GLMM PDF_Ar

Ministerial Order No. 40 of 1992 concerning the regulation of private help employment agencies
PDF_Ar

Ministerial Order No. 668 of 1992 concerning dependents of foreigners who wish to join their supporter who is resident in Kuwait
GLMM PDF_Eg

Ministerial Order No. 217 of 1993 concerning stay of foreigners
GLMM PDF_EgGLMM PDF_Ar 
 

Ministerial Order No. 502 of 1993 concerning stay of foreigners 
GLMM PDF_Ar

Ministerial Order No. 932 of 1993 regarding residence certificates
GLMM PDF_Ar

Ministerial order No. 106 of 1994 regarding work in the private sector 
GLMM PDF_Ar

Ministerial order No. 110 of 1995 on social security 
 
GLMM PDF_Ar

Ministerial Order No. 113 of 1995 setting down conditions and specifications suitable for habitation for workers
GLMM PDF_Eg

2010 Labor Law
PDF_ArPDF_Eg

Ministerial Decree No. 200 of 2011 on regulating work in the private sector
PDF_Ar

Ministerial Decree No. 68 of 2015 regarding domestic workers
PDF_Ar

 

Smuggling and Trafficking 

Law No. 1960 promulgating the Penal Code
GLMM PDF_Ar

Law No. 91 of 2013 on Combating Trafficking in Persons and Smuggling of Migrants
PDF_Ar

Ministerial Order No. 201/A of 2011 Prohibits Forced Labor
PDF_Ar



  Statistics and Figures:   

This section provides links to regularly updated sites that provide statistics on migrants and refugees in different countries around the world.

Below are links to various databases that provide statistics and figures relevant to the movement of people in and out of Kuwait:  

The World Bank
WB-Kuwait

Statistical reports on national and non-nationals in Kuwait of the Public Authority for Civil Information 
Stat-paci.gov-Kuwait

UNFPA Migration Indicator 
UNFPA-Migration

UNHCR Statistics Database
UNHCR-Stats

  Bibliography   

This section includes a comprehensive list of sources and links to journal articles, books, webpages, etc. for each country in the database that address migration and refugee topics within the context of education, health, legal, psychosocial, political, among others. Each listed source includes a brief description of the material and a link.

  Migrants:

Link to Researchers

 Ahmad, Attiya. "Explanation is Not the Point: Domestic Work, Islamic Dawa and Becoming Muslim in Kuwait." Asia Pacific Journal of Anthropology 11.3 (2010): 293-310. (Summary adapted from resource) Link to Article

Keyword: domestic, work, Islamic, Dawa, Muslims, Kuwait, religion, conversion, South Asia, transnational

This article studies the migrant populations in Kuwait that has converted to Islam arguing that this religious shift is a gradual reworking of previous religious practices and culture. The author further argues that the domestic workers’ expression of their new-found Islamic faith points to the household as a space of confluence between Islamic ethical practice and the affective and immaterial labor entailed by domestic work, as well as between global Islam and the feminisation of transnational labor migration that marks our contemporary world.

Almutairi, Modimajed, et al. "Domestic Violence Screening among Primary Health Care Workers in Kuwait." Alexandria Journal of Medicine 49.2 (2013): 169-174. (Summary adapted from resource) Link to Article

Keyword: primary health, care, workers, Kwauit, domestic, violence, women

This study reveals the extent of screening for domestic violence among physicians and nurses in the primary health care unity, identifies knowledge, attitude, and barriers toward violence screening and reveals factors affecting screening. The study finds that less than two thirds of the primary health care workers were aware about domestic violence screening and about one third regularly screened for violence among women in Kuwait.

Dinkha, Juliet, and Mourad Dakhli. "Perceived Discrimination in the Arabian Gulf: The Case of Migrant Labor in Kuwait." Psychology Journal 6.2 (2009): 47-59.  Link to Article

Keyword: discrimination, Arabian Gulf, migrant, labor, Kuwait 

The article studies discrimination among different groups in Kuwait finding that non-Kuwaitis reported higher levels of sensed discrimination. 

Fernandez, Bina. "Traffickers, Brokers, Employment Agents, and Social Networks: The Regulation of Intermediaries in the Migration of Ethiopian Domestic Workers to the Middle East." International Migration Review 47.4 (2013): 814-843. Link to Article

Keyword: human trafficking, employment, agents, social networks, migration, Ethiopian, domestic, workers, Middle East, Kuwait

Drawing on empirical research in Ethiopia, Lebanon and Kuwait, this paper focuses on the intermediaries who facilitate Ethiopian women's employment as contract domestic workers in the Middle East. The paper argues that states and international agencies fail to regulate intermediaries of migration and calls for a decentered approach to regulation that can provide a productive diagnosis of regulatory failure. 

Jamie, Faiz Omar Mohammad, and Anwar Hassan Tsega. "Ethiopian Female Labor Migration to the Gulf States: The Case of Kuwait." African & Black Diaspora 9.2 (2016): 214-27. Link to Article

Keyword: Ethiopian, female, labor, migration, women

This study closely examines the migration of single women from Africa seeking better economic, social and political opportunities, in particular the migration of Ethiopian women to Kuwait. The author draws attention to the violence, underpayment and trafficking issues that are associated with this movement attributing these challenges to the status of women migrating, which is unskilled,irregular and illiterate. 

Nasra M. Shah. "Restrictive Labour Immigration Policies in the Oil-Rich Gulf: Effectiveness and Implications for Sending Asian Countries." United Nations Expert Group Meeting on Social and Economic Implications of Changing Population Age (2006): 1-20. Link to PDF

Keyword: labor, immigration, policy, Oil, GCC, Asia

This paper provides an overview of the GCC's immigration policies, and examines their effectiveness in achieving their objectives and implications for sending Asian countries.

O'Neill, Tom. 'Selling Girls in Kuwait': Domestic Labour Migration and Trafficking Discourse in Nepal. Anthropologica 43.2 (2001): 153-164. Link to Article

Keyword: women, girls, Kuwait, domestic, labor, migrants, trafficking, Nepal

Considering the formation of illegal networks with the increasingly restrictive migration policies, this paper examines a scheme by which Nepalese girls are trafficked to Kuwait to work as domestic workers and how this scheme is constructed as their immoral objectification by the Nepalese media and an anti-child exploitation NGO. The author argues that the "national honor" discourse places opprobrium on those who facilitate illegal migration and ignores the decision making of the migrants and their families. 

Shah, Narsa M., and I. Menon. "Chain Migration through the Social Network: Experience of Labour Migrants in Kuwait." International Migration  37.2 (1999): 361-82. Link to Article

Keyword: migration, social network, experience, labor migrants, Kuwait

The article explores the process of arranging sponsorship works in Kuwait through social networks to assess the multiplier effect of social networks. The data is a collection of 800 surveys among South Asian skilled and unskilled male migrations from Bangladesh, India, Pakistan and Sri Lanka. 

Shah, Nasra M. “Relative Success of Male Workers in the Host Country, Kuwait: Does the Channel of Migration Matter?” International Migration Review 34.1 (2000): 59-78Link to Article

Keyword: success, male, men, migrant, workers, host country, Kuwait

Building on a 1999 survey of 800 South Asian migrants workers, this study shows that channels of migration are highly significant in facilitating migrant success. About 34% who move through friends and family have higher salary, find jobs that fits expectation, and are happier with their employment.  

Woldemichael, Selamawit B. The Vulnerability of Ethiopian Rural Women and Girls: The Case of Domestic Workers in Saudi Arabia and Kuwait, Uppsala University. 2013. Link to PDF

Keyword: vulnerability, rural, women, girls, domestic, workers, Saudi Arabia, Kuwait

This thesis identifies the causes of the lights Ethiopian workers face in Saudi Arabia and Kuwait through in-depth interviews with key informants. The finding of the research indicates that intersection of multiple identities, such as gender, class, and race, shape the standpoints of Ethiopia women as vulnerable.


  Refugees:

Ali, Yousef. "Stateless and Citizenship Rights in the Middle East: The Case of Kuwait." DOMES: Digest of Middle East Studies 15.1 (2006): 62-76. Link to Article

Keyword: stateless, citizenship, rights, Middle East, Kuwait

The goal of this article is to examine the viewpoint of Kuwaiti citizens of expanding citizenship rights to disenfranchised groups. The author does so by using a survey data from 1,581 Kuwaiti citizens in 1998 asking if attitudes towards inclusion are specific to the national origin of the excluded. The author finds that the support for the stateless is influenced by religion and ethnic categorization, specifically Islamic and Arab affiliation of the stateless people. 

Rosen, Steven J. "Kuwait Expels Thousands of Palestinians." Middle East Quarterly 19.4 (2012): 75-83. Link to Webpage

Keyword: Palestinians, expulsion, Kuwait, deportation, ethnic, cleansing 

This piece argues that the expulsion of the integrated community of Palestinians in Kuwait is a form of ethnic cleansing and examines the legal implication of this policy. 

  Statelessness:

Ali, Yousef. "Stateless and Citizenship Rights in the Middle East: the Case of Kuwait." Digest of Middle East Studies 15 (2006): 62–76.

Link to Webpage

 Keyword: citizenship, rights, Kuwait, Islam, nationalism, culture, exclusion, inclusion 

"This article examines Kuwaiti citizens' views towards expanding citizenship rights to disenfranchised groups. Using survey data from 1581 Kuwaiti citizens in 1998, the author focused on the influence of Kuwaitis' social statuses, cultural affiliations, social networks and religious beliefs. Are attitudes toward inclusion specific to the national origin of the excluded? It was found that variables connoting status decrease support for the stateless. Cultural adherence to Islamic nationalism and Pan-Arabism and those who follow the media regularly positively influence support for the stateless. These findings suggest that citizens' attitudes about inclusion/exclusion are specific to the national origin of the dis-enfranchised."

 

Fisher, Betsy. “Gender Discrimination and Statelessness in the Gulf Cooperation Council States.”, 23 Mich. J. Gender & L. 269, 312 (2016) Link to Journal

Keyword: gender, nationality, children, mother, law, Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates.

"Using the Gulf Cooperation Council countries as a case study, this Article outlines the ways in which gender and birth status discrimination create new cases of  statelessness. These occur when women are legally unable to convey their nationality to their children. This Article studiesgenderand birth status discrimination  nationality laws and in civil registration, family, and criminal law in each GCCstate: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates.  Ending statelessness will require these states to end discriminationagainst women and non-marital children in all of its forms in law and practice." 

 

UN High Commissioner for Refugees. "Global Action Plan to End Statelessness." UN High Commissioner for Refugees (2014). Link to Article

                        Keyword: born, gender, protection, documentation 

                        “To End Statelessness within 10 years, the Global Action Plan to End Statelessness: 2014-2024 establishes a guiding framework of 10 Actions to be undertaken by States with the support of UNHCR and other stakeholders to: resolve existing major situations of statelessness, prevent new cases of statelessness from emerging and better identity and protect stateless populations.”