Kuwait's modern history began in the 18th century with the founding of the city of Kuwait by the Uteiba section of the Anaiza tribe, who wandered north from Qatar. Its first definite contact with the West was between 1775 and 1779, when the British-operated Persian Gulf-Aleppo Mail Service was diverted through Kuwait from Persian-occupied Basra (in Iraq). During the 19th century, Kuwait tried to obtain British support to maintain its independence from the Turks and various powerful Arabian Peninsula groups. In 1899, the ruler Sheikh Mubarak Al Sabah--"the Great"--signed an agreement with the United Kingdom pledging himself and his successors neither to cede any territory nor to receive agents or representatives of any foreign power without the British Government's consent. Britain agreed to grant an annual subsidy to support the Sheikh and his heirs and to provide its protection. Kuwait enjoyed special treaty relations with the U.K., which handled Kuwait's foreign affairs and was responsible for its security. Mubarak was followed as ruler by his son Jabir (1915-17) and another son Salim (1917-21). Subsequent amirs descended from these two brothers. Sheikh Ahmed al-Jabir Al Sabah ruled from 1921 until his death in 1950, and Sheikh Abdullah al-Salim Al Sabah from 1950 to 1965. By early 1961, the British had withdrawn their special court system, which handled the cases of foreigners resident in Kuwait, and the Kuwaiti Government began to exercise legal jurisdiction under new laws drawn up by an Egyptian jurist. On June 19, 1961, Kuwait became fully independent following an exchange of notes with the United Kingdom.

The boundary with Saudi Arabia was set in 1922 with the Treaty of Uqair following the Battle of Jahrah. This treaty also established the Kuwait-Saudi Arabia Neutral Zone, an area of about 5,180 sq. km. (2,000 sq. mi.) adjoining Kuwait's southern border. In December 1969, Kuwait and Saudi Arabia signed an agreement dividing the Neutral Zone (now called the Divided Zone) and demarcating a new international boundary. Both countries share equally the Divided Zone's petroleum, onshore and offshore. Kuwait's northern border with Iraq dates from an agreement made with Turkey in 1913. Iraq accepted this claim in 1932 upon its independence from Turkey. However, following Kuwait's independence in 1961, Iraq claimed Kuwait, under the pretense that Kuwait had been part of the Ottoman Empire subject to Iraqi suzerainty. In 1963, Iraq reaffirmed its acceptance of Kuwaiti sovereignty and the boundary it agreed to in 1913 and 1932, in the "Agreed Minutes between the State of Kuwait and the Republic of Iraq Regarding the Restoration of Friendly Relations, Recognition, and Related Matters." In August 1990, Iraq nevertheless invaded Kuwait. The country suffered under Iraqi occupation from August 1990 to February 1991, when an international coalition expelled Iraqi forces. Many human rights violations committed by the Iraqi army during this period remain unresolved, particularly the fate of 608 citizens and other residents taken by Iraq and still unaccounted for. Following liberation, the UN, under Security Council Resolution 687, demarcated the Iraq-Kuwait boundary on the basis of the 1932 and the 1963 agreements between the two states. In November 1994, Iraq formally accepted the UN-demarcated border with Kuwait, which had been further spelled out in Security Council Resolutions 773 and 883. Iraqi officials have, however, publicly indicated that they may again attempt to occupy Kuwait by force.

Today, Kuwait is a constitutional, hereditary amirate ruled by princes (Amirs) drawn from the Al-Sabah family. As discussed above, the Al-Sabahs have governed in consultation with prominent commercial families and other community leaders for over 200 years. The 1962 Constitution provides for an elected National Assembly and details the powers of the Government and the rights of citizens, although the Constitution also permits the Amir to suspend any or all of its provisions by decree. Only 14.8 percent of citizens (males over the age of 21) have the right to vote. The most recent general election, held in July 1999, was conducted as provided in the Constitution after the Amir dissolved a gridlocked National Assembly. A by-election was held in December 2000 to fill the seat of a deceased MP. In both cases, the election campaigns were generally considered to be free and fair; however, there were some problems. Citizens do not have the right to change their Government. Under the Constitution the National Assembly has a limited role in approving the Amir's choice of Crown Prince (that is, the future Amir). If the National Assembly rejects his nominee, the Amir then submits three names, from which the assembly must choose the new Crown Prince. The Amir traditionally has appointed the Crown Prince to be Prime Minister, although this is not mandatory; the Crown Prince appoints the members of the Government. However, the elected National Assembly has demonstrated the ability at times to influence or overturn decisions of the Government. Members regularly require ministers to appear before the full Assembly for formal question sessions when they are dissatisfied with the Government's performance. On occasion, pressure exerted by the National Assembly, including through votes of no confidence, has led to the resignation or removal of ministers. In February, 2001, Assembly members called for formal questioning procedures against seven Cabinet members; partially as a result, the Government resigned. In accordance with the Constitution, the Amir then asked the Prime Minister to form a new Government, which he did with significant changes at key ministries.

The Government bans formal political parties, and women do not have the right to vote or seek election to the National Assembly. A law promulgated in 1998 bans primaries previously conducted by religious sects and tribes. The Constitution and law provide for a degree of judicial independence; however, the Amir appoints all judges, and renewal of most judicial appointments is subject to government approval.

Kuwait is a small country with massive oil reserves, whose economy has been traditionally dominated by the state and its oil industry. During the 1970s, Kuwait benefited from the dramatic rise in oil prices, which Kuwait actively promoted through its membership in the Organization of Petroleum Exporting Countries (OPEC). The economy suffered from the triple shock of a 1982 securities market crash, the mid-1980s drop in oil prices, and the 1990 Iraqi invasion and occupation. The Kuwaiti Government-in-exile depended upon its $100 billion in overseas investments during the Iraqi occupation in order to help pay for the reconstruction. Thus, by 1993, this balance was cut to less than half of its pre-invasion level. The wealth of Kuwait is based primarily on oil and capital reserves, and the Iraqi occupation severely damaged both.

With large oil reserves, the economy of Kuwait is highly dependent on its energy sector. The Government owns the Kuwait Petroleum Corporation and, despite its stated emphasis on an open market, it dominates the local economy through direct expenditures and government-owned companies and equities. Receipts from oil sales finance 90 percent of the government budget. The Government has divested itself of stock holdings in nearly all private companies purchased in 1986 to offset a stock market crisis. According to government statistics, 93 percent of the indigenous workforce is employed in the public sector, while foreigners constitute 94 percent of the private sector workforce. In approximate terms, within a total population of 2.2 million there are 860,000 citizens and a large middle class; 36,000 upper-income households reportedly have liquid assets in excess of $500,000. Citizens enjoy one of the highest standards of living in the world, and receive subsidized housing, childcare, food allowances, and free education. While most foreign workers receive none of these benefits, some skilled workers receive free housing, allowances, and other benefits comparable to those provided to citizens. Domestic servants and unskilled workers often live and work in poor conditions. During the 2001 fiscal year (FY), the country's estimated per capita gross domestic product (GDP) was $16,941 (5,165 dinars), 28 percent more than FY 2000. The increase reflects the significant rise in oil revenues due to higher world oil prices and a decrease in the number of resident foreign workers. The estimated 2000-2001 budget deficit was $680 million. For the current FY, the budget deficit is estimated at $7.5 billion.

In the closing hours of the Gulf war in February 1991, the Iraqi occupation forces set ablaze or damaged 749 of Kuwait's oil wells. All of these fires were extinguished within a year. Production has been restored, and refineries and facilities have been modernized. Oil exports surpassed their pre-invasion levels in 1993 with production levels only constrained by OPEC quotas.

Many of the domestic strains in Kuwait arise from the disparities between the living standards of Kuwaiti nationals and the majority of Kuwait's foreign population. Palestinian workers presented problems for the Al Sabah rulers for several decades, but, during the 1980s, militants and terrorists advancing the Khomeini brand of Islamism overshadowed the Palestinians as troublemakers. Kuwait's support for Iraq in the Iran-Iraq War accounted for much of the violence that disturbed internal stability during the 1980s. A series of terrorist bombings in 1983 aimed at Kuwaiti installations and the United States and French embassies were ascribed to Iranian retaliation. A network of Hizballah terrorists was uncovered, and, in the spring of 1984, seventeen Shia were sentenced to long prison terms, and three were condemned to death. Airplane hijackings, explosions, car bombings, and an assassination attempt against the amir ensued. Kuwait steadfastly rejected demands for release of terrorists in its custody, most of whom were still in jail at the time of the Iraqi invasion and subsequently disappeared. A number of Kuwaiti Shia were sentenced for setting fires at oil installations in 1986 and 1987. The attacks declined in 1988, and no attack was recorded in 1989 or 1990 after Iran's decision to accept a cease-fire in the Iran-Iraq War, which was followed by an attempted reconciliation with its neighbors.

The Government acknowledges that a serious problem exists in the case of the "bidoon," Arabs who have residency ties to the country--some going back for generations, some for briefer periods--but who claim to have no documentation of their nationality. Before the Gulf War, there were approximately 220,000 bidoon in Kuwait; at year's end 2001, there were an estimated 80,000 bidoon, down from a total of 110,000 in 2000, as 30,000 bidoon were naturalized, admitted to another Arab nationality, or acquired another status by purchasing fraudulent passports from other countries. In June 2000, the National Assembly passed a law requiring that bidoon register with the Government to begin a process in which some could be documented as citizens. Those who failed to register would be considered illegal residents. The Government maintains that many bidoon are concealing their true nationality. It reports that 39,000 were documented in the last 18 months as nationals of other countries, primarily Syria and Saudi Arabia, and that an estimated 40 to 50 percent of the remaining cases are suspected nationals of other countries. The Government had stated that it would take punitive action against those who did not rectify their stateless status by the June 2000 deadline, although no such action had been taken by year's end. The number of bidoon purchasing fraudulent passports reportedly is on the rise.

The abuse of foreign women working as domestic servants is a significant problem, and there are continuing reports of the rape of these women by their employers and coworkers. Dozens of domestic servants reportedly committed or attempted to commit suicide during the year 2001 because of desperation over poor working conditions. The Government restricts worker rights. The Labor Law does not protect domestic workers, whose situation remains poor. Unskilled foreign workers suffer from the lack of a minimum wage in the private sector, from the Government's failure to enforce the Labor Law, and at times physical abuse; some work under conditions that, in effect, constitute indentured servitude. Young boys are used as jockeys in camel races. There were two reports of procurers kidnaping domestic servants off the street and forcing them into prostitution; in both cases, the criminals were arrested and the women were rescued.

Islam is a system of religious beliefs and an allencompassing way of life. Muslims believe that God (Allah) revealed to the Prophet Muhammad the rules governing society and the proper conduct of society's members. It is incumbent on the individual, therefore, to live in a manner prescribed by the revealed law and incumbent on the community to build the perfect human society on earth according to holy injunctions. Islam recognizes no distinctions between the religious institution and the state. The distinction between religious and secular law is a recent development that in part reflects the more pronounced role of the state in society and Western economic and cultural penetration. The impact of religion on daily life in Muslim countries is extensive, usually greater than that found in the West.

The area that constitutes the present-day Persian Gulf states was on the immediate periphery of the rise of Islam. In A.D. 610, Muhammad--a merchant of the Hashimite branch of the ruling Quraysh tribe in the Arabian town of Mecca--began to preach the first of a series of revelations that Muslims believe was granted him by God, some directly and some through the angel Gabriel. A fervent monotheist, Muhammad denounced the polytheism of his fellow Meccans. Because the town's economy was based in part on a thriving pilgrimage business to the shrine called the Kaaba and to numerous other pagan religious sites in the area, his censure earned him the enmity of the town's leaders. In 622 he and a group of followers accepted an invitation to settle in the town of Yathrib, later known as Medina (the city), because it was the center of Muhammad's activities. The move, or hijra, known in the West as the hegira, marks the beginning of the Islamic era and of Islam as a force in history; the Muslim calendar begins in 622. In Medina, Muhammad continued to preach, and he eventually defeated his detractors in battle. He consolidated the temporal and the spiritual leadership in his person before his death in 632. After Muhammad's death, his followers compiled those of his words regarded as coming directly from God into the Quran, the holy scripture of Islam. Others of his sayings, recalled by those who had known him, became the hadith. The precedent of Muhammad's deeds is called the sunna. Together they form a comprehensive guide to the spiritual, ethical, and social life of an orthodox Sunni Muslim.

The major duties of Muslims are found in the five pillars of Islam, which set forth the acts necessary to demonstrate and reinforce the faith. These are the recitation of the shahada ("There is no god but God [Allah], and Muhammad is his prophet"), daily prayer (salat), almsgiving (zakat), fasting (sawm), and pilgrimage (hajj). The believer is to pray in a prescribed manner after purification through ritual ablutions each day at dawn, midday, midafternoon, sunset, and nightfall. Prescribed genuflections and prostrations accompany the prayers, which the worshiper recites while facing toward Mecca. Whenever possible, men pray in congregation at the mosque with an imam, and on Fridays they are required to do so. The Friday noon prayers provide the occasion for weekly sermons by religious leaders. Women may also attend public worship at the mosque, where they are segregated from the men, although most frequently women pray at home. A special functionary, the muezzin, intones a call to prayer to the entire community at the appropriate hour.

The ninth month of the Muslim calendar is Ramadan, a period of obligatory fasting in commemoration of Muhammad's receipt of God's revelation. Throughout the month, all but the sick and the weak, pregnant or lactating women, soldiers on duty, travelers on necessary journeys, and young children are enjoined from eating, drinking, smoking, or sexual intercourse during the daylight hours. Those adults excused are obliged to endure an equivalent fast at their earliest opportunity. A festive meal breaks the daily fast and inaugurates a night of feasting and celebration. The pious well-to-do usually do little or no work during this period, and some businesses close for all or part of the day. Because the months of the lunar year revolve through the solar year, Ramadan falls earlier in the solar year each successive year. A considerable test of discipline at any time of the year, a fast that falls in summer imposes severe hardship on those who must do physical work.

All Muslims, at least once in their lifetimes and if circumstances permit, should make the hajj to Mecca to participate in special rites held there during the twelfth month of the lunar calendar. Muhammad instituted this requirement, modifying pre-Islamic custom, to emphasize sites associated with God and Abraham (Ibrahim), founder of monotheism and father of the Arabs through his son, Ismail.

The lesser pillars of the faith, which all Muslims share, are jihad, or the permanent struggle for the triumph of the word of God on earth, and the requirement to do good works and to avoid all evil thoughts, words, and deeds. In addition, Muslims agree on certain basic principles of faith based on the teachings of the Prophet Muhammad: there is one God, who is a unitary divine being in contrast to the trinitarian belief of Christians; Muhammad, the last of a line of prophets beginning with Abraham and including Moses and Jesus, was chosen by God to present God's message to humanity; and there is a general resurrection on the last, or judgment, day.

During his lifetime, Muhammad held both spiritual and temporal leadership of the Muslim community. Religious and secular law merged, and all Muslims have traditionally been subject to the sharia, or religious law. A comprehensive legal system, the sharia developed gradually through the early centuries of Islam, primarily through the accretion of interpretations and precedents set by various judges and scholars. During the tenth century, legal opinion began to harden into authoritative rulings, and the figurative bab al ijtihad (gate of interpretation) closed. Thereafter, rather than encouraging flexibility, Islamic law emphasized maintenance of the status quo.

After Muhammad's death, the leaders of the Muslim community consensually chose Abu Bakr, the Prophet's father-in-law and one of his earliest followers, to succeed him. At that time, some persons favored Ali ibn Abu Talib, Muhammad's cousin and the husband of his daughter, Fatima, but Ali and his supporters (the Shiat Ali, or Party of Ali) eventually recognized the community's choice. The next two caliphs (successors)--Umar, who succeeded in 634, and Uthman, who took power in 644--enjoyed the recognition of the entire community. When Ali finally succeeded to the caliphate in 656, Muawiyah, governor of Syria, rebelled in the name of his murdered kinsman, Uthman. After the ensuing civil war, Ali moved his capital to Iraq, where he was murdered shortly thereafter.

Ali's death ended the last of the so-called four orthodox caliphates and the period in which the entire community of Islam recognized a single caliph. Muawiyah proclaimed himself caliph from Damascus. The Shiat Ali refused to recognize him or his line, the Umayyad caliphs, and withdrew in the great schism of Islam to establish the dissident sect, known as the Shia, who supported the claims of Ali's line to the caliphate based on descent from the Prophet. The larger faction, the Sunnis, adhered to the position that the caliph must be elected, and over the centuries they have represented themselves as the orthodox branch.

Early Islamic polity was intensely expansionist, fueled both by fervor for the faith and by economic and social factors. After gaining control of Arabia and the Persian Gulf region, conquering armies swept out of the peninsula, spreading Islam. By the end of the eighth century, Islamic armies had reached far into North Africa and eastward and northward into Asia.

Traditional accounts of the conversion of tribes in the gulf are probably more legend than history. Stories about the Bani Abd al Qais tribe that controlled the eastern coast of Arabia as well as Bahrain when the tribe converted to Islam indicate that its members were traders having close contacts with Christian communities in Mesopotamia. Such contacts may have introduced the tribe to the ideal of one God and so prepared it to accept the Prophet's message.

The Arabs of Oman also figure prominently among the early converts to Islam. According to tradition, the Prophet sent one of his military leaders to Oman to convert not only the Arab inhabitants, some of whom were Christian, but also the Persian garrison, which was Zoroastrian. The Arabs accepted Islam, but the Persians did not. It was partly the zeal of the newly converted Arabs that inspired them to expel the Persians from Oman.

Although Muhammad had enjoined the Muslim community to convert the infidel, he had also recognized the special status of the "people of the book," Jews and Christians, whose scriptures he considered revelations of God's word and which contributed in some measure to Islam. By accepting the status of dhimmis (tolerated subject people), Jews and Christians could live in their own communities, practice their own religious laws, and be exempt from military service. However, they were obliged to refrain from proselytizing among Muslims, to recognize Muslim authority, and to pay additional taxes. In addition, they were denied certain political rights.

The crime rate in Kuwait is low compared to more industrialized countries. An analysis was done using INTERPOL data for Kuwait. For purpose of comparison, data were drawn for the seven offenses used to compute the United States FBI's index of crime. Index offenses include murder, forcible rape, robbery, aggravated assault, burglary, larceny, and motor vehicle theft. The combined total of these offenses constitutes the Index used for trend calculation purposes. Kuwait will be compared with Japan (country with a low crime rate) and USA (country with a high crime rate). According to the INTERPOL data, for murder, the rate in 1998 was 1.48 per 100,000 population for Kuwait, 1.10 for Japan, and 6.3 for USA. For rape, the rate in 1998 was 0.2 for Kuwait, compared with 1.48 for Japan and 34.4 for USA. For robbery, the rate in 1998 was 21.26 for Kuwait, 2.71 for Japan, and 165.2 for USA. For aggravated assault, the rate in 1998 was 36.41 for Kuwait, 15.40 for Japan, and 360.5 for USA. Data for burglary was not reported by Kuwait to INTERPOL in 1998. The rate of larceny for 1998 was 266.59 for Kuwait, 1198.13 for Japan, and 2728.1 for USA. The rate for motor vehicle theft in 1998 was 56.73 for Kuwait, compared with 28.37 for Japan and 459.0 for USA. The rate for all index offenses combined was 382.67 for Kuwait, compared with 1709.88 for Japan and 4615.5 for USA. (Note: The total for Kuwait is missing data for burglary, and data were not reported to INTERPOL by the USA for 1998, but were derived from the Uniform Crime Report for 1998)

Between 1995 and 1998, according to INTERPOL data, the rate of murder increased in Kuwait from 0.84 to 1.48 per 100,000 population, an increase of 76.5%. The rate for rape decreased from 0.69 to 0.2, a decrease of 71%. The rate of robbery increased from 8.68 to 21.26, an increase of 144.9%. The rate for aggravated assault increased from 32.16 to 36.41, an increase of 13.2%. The rate for burglary was not reported by Kuwait to INTERPOL for either 1995 or 1998. The rate of larceny increased from 60.63 to 266.59, an increase of 339.7%. The rate of motor vehicle theft increased from 31.23 to 56.73, an increase of 81.7%. The rate of total index offenses increased from 134.2% to 382.67, an increase of 185.1% (noting that burglary was not included in these figures).

Kuwaiti authorities contend that the rate of ordinary crime is low, and data available through 1986 tended to bear this out. Of more than 5,000 felonies committed in that year, only 5 percent were in the category of theft. The number of misdemeanors was roughly equal to the number of felonies, but only 10 percent were thefts. Offenses involving forgery, fraud, bribery, assaults and threats, and narcotics and alcohol violations were all more common than thefts.

In the above more recent data, rates of crime were low for Kuwait, even when compared to Japan, a country with a low crime rate. Kuwait was lower than Japan in murder, rape, and larceny, but higher than Japan in aggravated assault, robbery, and auto theft. Excluding burglary the total of Index offenses for Japan would have been 1247.19 for Japan, compared with 382.67 for Kuwait. The biggest difference between these two countries is in the rate of larceny, 266.59 for Kuwait and 1198.13 for Japan.

Kuwait has a civil law form of legal system. Kuwaiti laws are based upon Egyptian laws which historically are based upon French law.

The national police, the Criminal Investigation Division (CID) and Kuwait State Security (KSS) are responsible for internal security under the supervision of civilian authorities of the Ministry of Interior. The Ministry of Interior has overall responsibility for public security and law and order. Under the ministry, the national police has primary responsibility for maintaining public order and preventing and investigating crimes. The National Guard--a semiautonomous body--has guard duties on the border and at oil fields, utilities, and other strategic locations. The guard acts as a reserve for the regular forces and reinforces the metropolitan police as needed.

Police selected for officer rank attend a three-year program at the Police Academy. National Guard officer candidates attend the Kuwaiti Military College, after which they receive specialized guard training. Women work in certain police departments, such as criminal investigation, inquiries, and airport security.

The principal police divisions are criminal investigation, traffic, emergency police, nationality and passports, immigration, prisons, civil defense, and trials and courtsmartial . The criminal investigation division is responsible for ordinary criminal cases; Kuwait State Security investigates security-related offenses. Both are involved in investigations of terrorism and those suspected of collaboration with Iraq.

Members of the security forces committed a number of human rights abuses. In 2001, the Government generally respected the human rights of its citizens in many areas, and there were some improvements during the year 2001; however, its record was poor in some significant areas. Some police and members of the security forces abused detainees during interrogation.

The Constitution prohibits torture; however, there continue to be credible reports that some police and members of the security forces abuse detainees during interrogation. Reported maltreatment includes blindfolding, verbal threats, and physical abuse. Police and security forces were more likely to inflict such abuse on noncitizens, particularly non-Gulf Arabs and Asians, than on citizens.

The Government states that it investigates all allegations of abuse and that it has punished at least some of the offenders. However, the Government does not make public either the findings of its investigations or what, if any, punishments are imposed. This omission creates a climate of apparent impunity, which diminishes deterrence against abuse.

Defendants have the right to present evidence in court that they have been mistreated during interrogation. However, the courts frequently dismiss abuse complaints because defendants are unable to provide physical evidence of abuse. Members of the security forces routinely do not reveal their identity during interrogation, a practice that further complicates confirmation of abuse.

The Constitution provides for individual privacy and sanctity of the home, and the Government generally respects these rights in practice; however, the law, which generally requires police to obtain a warrant to search both public and private property, provides for a warrantless search if alcohol or narcotics are suspected on the premises or if police are in hot pursuit of a suspect fleeing the scene of a crime. A warrant may be obtained from the State Prosecutor or, in the case of searches of private property, from a judge. The security forces occasionally monitor the activities of individuals and their communications.

The law forbids marriage between Muslim women and non-Muslim men and requires men to obtain government approval to marry foreign-born women. Although the Government may advise men against marriage to a foreign national, there are no known cases of the Government refusing permission for such marriages. The Government advises women against marrying foreign nationals.

Today, the Constitution provides for freedom from arbitrary arrest and detention, and there were no reports that the Government arrested or detained persons arbitrarily.

In general, police officers must obtain an arrest warrant from state prosecutors or a judge before making an arrest, although in misdemeanor cases the arresting officer may issue them. Security forces occasionally detain persons at checkpoints in Kuwait City.

Under the Penal Code, those suspected of serious crimes may be held for up to 4 days without charge, during which time security officers may prevent lawyers and family members from visiting them. In such cases, lawyers are permitted to attend legal proceedings, but not have direct contact with their clients. If charges are filed, prosecutors may remand a suspect to detention for an additional 21 days. Prosecutors also may obtain court orders for further detention pending trial.

During the 1999 election campaign, five parliamentary candidates were arrested and charged with slander against the Government. One of the candidates was sentenced to 6 months in prison; the sentence was not carried out and all charges were dropped.

Of the estimated 2,100 persons serving sentences or being detained pending trial at the state security prison or state security detention facilities, approximately 54 are being held on security grounds. Of the 16 members of a suspected indigenous terrorist cell who were arrested on security grounds in November 1998, 12 were acquitted of charges and released during the year 2001. The leader of the group received a 7-year sentence in December 2000; the other three members are scheduled to face charges of conspiracy to commit murder and illegal possession of weapons in early 2002.

The Government may expel noncitizens (including bidoon, that is, Arabs who have residency ties to the country--some going back for generations, some for briefer periods--but who have no conclusive documentation of their Kuwaiti nationality), if it considers them security risks. The Government also may expel foreigners if they are unable to obtain or renew work or residency permits. There are approximately 250 bidoon and foreigners held in detention facilities, some of them pending deportation. Some detainees have been held for up to 6 months. Many deportation orders are issued administratively, without the benefit of a trial. However, the Government does not return deportees to their countries of origin forcibly, allowing those who object to remain in detention. This practice leads to prolonged detention of deportees, particularly Iraqis, who do not wish to return to their own countries. The practice also is a factor in the complex problem faced by stateless bidoon deportees, who essentially remain in detention because their stateless condition makes the execution of the deportation order impossible.

The Talha deportation center, which had been criticized in previous years by human rights groups, formally was reconstituted as a minimum-security prison in March 2000. There were no allegations of the forced, prolonged detention of deportees in the facility during the year 2001.

The law protects citizens from forced exile, and there were no reports of this practice. The law provides that citizens found guilty of crimes that violate moral integrity, such as rape or incest, are forbidden from holding public jobs. The Penal Code also provides that noncitizens convicted of felonies must be deported after finishing their jail terms. The Constitution prohibits deportation or forced exile of citizens. However, in certain circumstances, citizens may have their citizenship revoked, including citizens sentenced for a felony during the first 10 years of attaining citizenship, citizens discharged from a public job for acts against integrity during the first 10 years of attaining citizenship, and citizens who take up residence in a foreign country and join an authority that is designed to undermine Kuwait.

The Kuwaiti judicial system generally provides fair public trials and an adequate appeals mechanism, according to the United States Department of State's Country Reports on Human Rights Practices for 1991. Under Kuwaiti law, no detainee can be held for more than four days without charge; after being charged by a prosecutor, detention for up to an additional twenty-one days is possible. Persons held under the State Security Law can be detained. Bail is commonly set in all cases. The lowest level courts, aside from traffic courts, are the misdemeanor courts that judge offenses subject to imprisonment not exceeding three years. Courts of first instance hear felony cases in which the punishment can exceed three years. All defendants in felony cases are required to be represented by attorneys, appointed by the court if necessary. Legal counsel is optional in misdemeanor cases, and the court is not obliged to provide an attorney.

Two separate State Security Court panels, each composed of three justices, hear crimes against state security or other cases referred to it by the Council of Ministers. Trials in the State Security Court initially are held in closed session but subsequently are opened to the press and others. They do not, in the judgment of the Department of State, meet international standards for fair trials. Military courts, which ordinarily have jurisdiction only over members of the armed services or security forces, can try offenses charged against civilians under conditions of martial law. Martial law was imposed for the first time after the liberation of the country from Iraqi occupation. About 300 persons suspected of collaboration with Iraq were tried by military courts in May and June 1991, and 115 were convicted. Twenty-nine received sentences of death, later commuted to life imprisonment after international criticism of the trials. Human rights groups drew attention to the failure to provide adequate legal safeguards to defendants and an unwillingness to accept the defense that collaboration with Iraqi forces had been coerced. Many of the accused alleged that their confessions had been extracted under torture.

Today, the Constitution provides for the right to a fair trial and states that "judges shall not be subject to any authority"; however, the Amir appoints all judges, and the renewal of judicial appointments is subject to government approval. Judges who are citizens have lifetime appointments; however, the majority of judges are noncitizens. Noncitizen judges hold 1- to 3-year renewable contracts, which undermine their independence. The Ministry of Justice may remove judges for cause, but rarely does so. Foreign residents involved in legal disputes with citizens frequently claim that the courts show a bias in favor of citizens.

The secular court system tries both civil and criminal cases. The Court of Cassation is the highest level of judicial appeal. Sunni and Shi'a Muslims have recourse to courts of their respective branches for family law cases. The Government established a Shi'a appellate court in 2000 that operated throughout the year. In the secular courts no groups are barred from testifying. Most courts consider men and women's testimonies equally; however, in the family courts the testimony of one man is equal to the testimony of two women.

Defendants have the right to confront their accusers and appeal verdicts. The Amir has the constitutional power to pardon or commute all sentences. Defendants in felony cases are required by law to be represented in court by legal counsel, which the courts provide in criminal cases. In misdemeanor cases, defendants have the right to waive the presence of legal counsel, and the court is not required to provide counsel to indigent defendants. However, the Kuwaiti Bar Association is obligated upon court request to appoint an attorney pro bono for indigent defendants in civil, commercial, and criminal cases. While virtually all indigent criminal defendants ask for and receive pro bono counsel, in practice very few indigent civil and commercial plaintiffs request this service.

Both defendants and prosecutors may appeal court verdicts to the High Court of Appeal, which may rule on whether the law was applied properly as well as on the guilt or innocence of the defendant. Decisions of the High Court of Appeal may be presented to the Court of Cassation, which conducts a limited, formal review of cases to determine only whether the law was applied properly.

The Government continues to incarcerate 20 persons (7 Iraqis, 8 bidoon, 2 citizens, 2 Palestinians, and 1 Syrian) convicted of collaboration with Iraq during the 1990-1991 occupation. Under the law, such collaboration is considered a felony. Most of the persons convicted in the Martial Law Court in 1991, and the Special State Security Court, which was abolished in 1995, did not receive fair trials. Amnesty International faulted the trials in general, and particularly noted the absence of any right of appeal of the verdicts. During the year 2001, the Amir pardoned three Iraqis and four bidoon convicted by the martial law and state security courts.

Prison conditions, including conditions for those held for security offenses, meet or exceed international standards in terms of food, access to basic health care, scheduled family visits, cleanliness, and opportunities for work and exercise. Overcrowding in the prisons has continued to be a problem; however, the Government began construction on two new prison buildings, which are expected to be completed by May 2002, and finalized plans for three additional buildings scheduled to be built between February and December 2002. The Government addressed the past problem of a lack of specialized medical care at the Central Prison by establishing in May an on-site hospital staffed by two full-time practitioners and a complete nursing staff. A team of three specialists attends the prisons weekly, and a psychiatrist is on call 24 hours; specialized health care is available from local hospitals. Approximately 1,800 men and 300 women are serving sentences or awaiting trial in prison; detainees are counted separately.

Unlike in the past, there were no reports of mistreatment of prisoners at the Talha or Central prisons, at the Shuwaikh deportation facility, or elsewhere. An estimated 250 deportees were being held at the deportation facility in Shuwaikh; some of these deportees have been kept there for up to 6 months waiting for their proper identity papers or for their country of nationality to accept them.

Drug-related offenders make up 60 percent of the Central Prison inmate population, and 46 percent of the total prison population. In September three inmates in the Central Prison died of drug overdoses. A police investigation into the deaths resulted in warranted searches of prisoners' cells in October. Ten inmates were found to be in possession of drugs and were segregated from the general prison population. In addition to nearing completion on the first two of five new prison buildings, the director of prisons also increased prison staffing, expanded the drug rehabilitation program for inmates, and increased the number of education programs available within the prisons, bringing in volunteers to teach academic and vocational classes. In July the Central Prison established a nursery for the children of female prisoners. Two of the five new buildings planned for completion by the end of 2002 will provide rehabilitation facilities for the worst drug offenders.

The National Assembly's Human Rights Committee closely monitored prison conditions throughout the year 2001, and the Government allowed the International Commission of the Red Cross (ICRC) access to all prisons and detention facilities.

Violence against women is a problem. According to some local experts, domestic abuse of women occurs in an estimated 15 percent of all marriages. Each of the country's 50 police stations reportedly receives on average 1 to 2 complaints of spousal abuse each week, although this may be understated. Of the complaints received, approximately 60 percent involve spousal abuse of noncitizen women. The police and the courts generally seek to resolve family disputes informally and may ask the offending spouse to sign a statement affirming that he agrees to end the abuse. The police refer serious cases to the Psychiatric Department at the Ministry of Health. The courts have found husbands guilty of spousal abuse. The prevalence of spousal abuse is uncertain, due mainly to the reluctance of women to report it. There are no legally mandated restrictions on dress for women.

Rape and sexual assault remain serious problems, particularly for foreign domestic servants or unskilled workers. The police occasionally arrested rapists who held their victims for a period of days, raping them repeatedly. Several cases of rape involved the culprits impersonating police or security officers and luring women to isolated areas on the pretext of arresting them. In September the Court of Cassation affirmed the 15-year sentence of a man convicted of a crime of this nature. There is no specific article in the Penal Code addressing spousal rape, but the courts can find a husband guilty of abuse, depending on the circumstances of the case and the damages sustained by his wife.

Some employers physically abuse foreign women working as domestic servants, and, despite economic and social difficulties for a domestic servant who lodges a complaint, there are continuing reports of the rape of such women by male employers and male coworkers. The local press devotes considerable attention to the problem, and both the police and the courts have taken action against employers when presented with evidence of serious abuse. Some rapes resulted in unwanted pregnancies. There were reports of domestic servants killing soon after birth children that were fathered by employers. Occasionally domestic workers were charged with assaulting their employers; in such cases, the workers claimed that they acted in response to physical abuse or poor working conditions. There were also dozens of reports of domestic workers committing or attempting to commit suicide because of desperation over poor working conditions. In general these involved hanging or jumping from windows; in September an Asian maid reportedly attempted suicide by lighting herself on fire. In November an Asian maid committed suicide by burning herself to death.

Foreign-born domestic employees have the right to sue their employers for abuse, but few do so fearing judicial bias and deportation. In 2000 the Government reduced the operations of a specialized police facility designated to investigate complaints and provide some shelter for runaway maids; this resulted in a further deterioration of conditions for domestic employees. The operations of this facility remained limited.

In cases in which individuals were convicted of attacking their employees, sentences varied. In July the court issued a sentence of 10 years to a man convicted of beating his maid to death in August 1999; his teenage son was placed in detention for an unspecified period as a juvenile accomplice. In September the courts sentenced one noncitizen to deportation for life for raping a housemaid, while another noncitizen was sentenced to 7 years imprisonment, to be followed by deportation, after beating his Asian maid and then locking her in a room to starve her until she would have sex with him. In October the court threw out a case of a runaway maid who was reportedly picked up by two rapists and held for 4 days, because she did not cry for help or attempt to escape when left alone by the alleged rapists.

Runaway servants, including many women alleging physical or sexual abuse, often seek shelter at their country's embassy for repatriation or a change in employers. At any given time, nearly 1,000 women are reported to be in Embassy shelters.

Unemployed, runaway foreign domestic workers are susceptible to recruitment into prostitution. The police actively enforce laws against pandering and prostitution, with arrests reported almost every week. Police carried out large-scale anti-prostitution sweeps in Kuwait City and its suburbs in January, March, and October, arresting hundreds of procurers and prostitutes. Prostitutes generally are deported to their countries of origin. Procurers often receive stiff jail terms. In August an Asian man who established a brothel was sentenced to 13 years' imprisonment. There were two reports during the year 2001 of procurers kidnaping maids off the street and forcing them into prostitution. In both cases, police investigated missing persons reports filed by employers and made arrests.

"Honor" crimes occur very infrequently; there is no provision in the Criminal Code that allows for leniency in such cases.

Women continue to experience legal and social discrimination. Women are denied the right to vote. Their testimony is not given equal weight to that of men in the family courts. Married women require their husbands' permission to obtain a passport. By law only men are able to confer citizenship; therefore, children born to citizen mothers and stateless fathers are themselves stateless. The Government forbids marriage between Muslim women and non-Muslim men. Inheritance is governed by Islamic law, which differs according to the branch of Islam. In the absence of a direct male heir, Shi'a women may inherit all property, while Sunni women inherit only a portion, with the balance divided among brothers, uncles, and male cousins of the deceased.

Polygyny is legal. It is more common among tribal elements of the population. A husband is obliged to inform his first wife that he is taking a second wife. The husband is obligated to provide the first wife a separate household if that is her preference. A first wife who objects to a second marriage may request a divorce, but the court's determination of divorce and child custody must be made on grounds other than the fact of the second marriage itself.

There is no societal pattern of abuse of children. There were cases of male youths, some as young as 6 years old, raped by men or gangs of other male youths.

Young boys are used as camel jockeys.

The law does not specifically prohibit trafficking in persons, although laws against slavery, prostitution, forced labor, coercion, kidnapping, and other acts could be used to prosecute traffickers. The Government has ratified international conventions that commit it to apply these laws to stop trafficking in the event that it should develop.

There were reports of two incidents in which procurers kidnaped domestic servants off the street and temporarily forced them into prostitution. In both cases, the kidnappers were arrested and the domestic servants released.

There have been unverified media reports that Bangladeshi gangs have forced a small number of unemployed South Asian women who entered the country as domestic servants into prostitution.

Internet research assisted by Ryan Salamat and Melissa Yee