Kuwait International Religious Freedom Report 2003 Released by the Bureau of Democracy, Human Rights and Labor
The Constitution provides for freedom of religion; however, the
Government places some limits on this right. The Constitution also
provides that the State protect the freedom to practice religion in
accordance with established customs, "provided that it does not conflict
with public policy or morals." The Constitution states that Islam is the
state religion and that Shari'a (Islamic law) is "a main source of
legislation."
There was no major change in the status of respect for religious
freedom during the period covered by this report; however, construction
proceeded on three new Shi'a mosques approved in 2001 and an Apostalic
Nunciature continued to represent Vatican interests in the region.
The generally amicable relationship among religions in society
contributed to religious freedom.
The U.S. Government discusses religious freedom issues with the
Government in the context of its overall dialog and policy of promoting
human rights.
Section I. Religious Demography
The country's total area is 6,880 square miles, and its population is
2.4 million. Of the country's total population, approximately 1.6 million
persons are Muslim, including the vast majority of its nearly 900,000
citizens. The remainder of the overall population consists of the large
foreign labor force and tens of thousands of "Bidoon" (officially
stateless) Arabs with residence ties to the country who claim to have no
documentation of their nationality. While the national census does not
distinguish between Sunni and Shi'a adherents, the majority of citizens,
including the ruling family, belong to the Sunni branch of Islam. The
total Sunni Muslim population is well over 1 million approximately 600,000
of whom are citizens. The remaining 30 to 35 percent of Muslim citizens
(approximately 270,000-315,000) are Shi'a, as are approximately 100,000
non-citizen residents. Estimates of the nominal Christian population range
from 250,000 to 500,000 (including approximately 200 citizens, most of
whom belong to 12 large families).
The Christian community includes the Roman Catholic Diocese, with 2
churches and an estimated 100,000 members (Latin, Maronite, Greek
Catholic, Coptic Catholic, Armenian Catholic, Malabar, and Malankara
congregations worship at the Catholic cathedral in Kuwait city); the
Anglican (Episcopalian) Church, with 115 members (several thousand other
Christians also use the Anglican Church for worship services); the
National Evangelical Church (Protestant), with 3 main congregations
(Arabic, English, and "Malayalee") and 15,000 members (several other
Christian denominations also worship at the National Evangelical Church
Compound); the Greek Orthodox Church (referred to in Arabic as the "Roman
Orthodox" Church, a reference to the Eastern Roman Empire of Byzantium),
with 3,500 members; the Armenian Orthodox Church, with 4,000 members; the
Coptic Orthodox Church, with 70,000 members; and the Greek Catholic
(Eastern Rite) Church, whose membership totals are unavailable. In
September 2001, diplomatic relations between the Vatican and Kuwait were
upgraded to ambassadorial status.
There are many other unrecognized Christian denominations in the
country, with tens of thousands of members. These denominations include
Seventh-day Adventists, the Church of Jesus Christ of Latter-day Saints
(Mormons), Marthoma, and the Indian Orthodox Syrian Church.
There are also communities of Hindus (estimated 100,000 adherents),
Sikhs (estimated 10,000), Baha'is (estimated 400), and Buddhists (no
statistics available).
Missionary groups in the country serve non-Muslim congregations.
Section II. Status of Religious Freedom
Legal/Policy Framework
The Constitution provides for freedom of religion; however, the
Government places some limits on this right. The Constitution also
provides that the State protect the freedom to practice religion in
accordance with established customs, "provided that it does not conflict
with public policy or morals." The Constitution states Islam is the state
religion and that Shari'a (Islamic law) is "a main source of legislation
and that Shari'a is "a main source of legislation." The Government
observes Islamic holidays.
The procedures for registration and licensing of religious groups are
unclear. The Ministry of Awqaf and Islamic Affairs has official
responsibility for overseeing religious groups. Officially recognized
churches must deal with a variety of government entities, including the
Ministry of Social Affairs and Labor (for visas and residence permits for
pastors and other staff) and the municipality of Kuwait (for building
permits). While there reportedly is no official government list of
recognized churches, seven Christian churches have at least some form of
official recognition that enables them to operate openly. These seven
churches have open "files" at the Ministry of Social Affairs and Labor,
allowing them to bring in the pastors and staff necessary to operate their
churches. Three of the country's churches are widely understood to enjoy
"full recognition" by the Government and are allowed to operate compounds
officially designated as churches: The Catholic Church, the Anglican
Church, and the National Evangelical Protestant Church of Kuwait; however,
they face quotas on the number of staff they can bring in, and their
existing facilities are clearly inadequate to serve their respective
communities.
The other four churches--Greek Orthodox, Armenian Orthodox, Coptic
Orthodox, and Greek Catholicism--reportedly are allowed to operate openly,
hire employees, invite religious speakers, etc., without interference from
the Government; however, their compounds are, according to government
records, registered only as private homes. Church officials themselves
appear uncertain about the guidelines or procedures for recognition. Some
claim that these procedures are purposely kept vague by the Government to
maintain the status quo. No other churches and religions have legal status
but they are allowed to operate in private homes.
The procedures for registration and licensing of religious groups also
appear to be connected with government restrictions on nongovernmental
organizations (NGOs), religious or otherwise. In 1993 all unlicensed
organizations were ordered by the Council of Ministers to cease their
activities. This order never has been enforced; however, since that time
all but three applications by NGOs have been frozen. There were reports
that in the last few years at least two groups have applied for permission
to build their own churches, but the Government has not responded to their
requests. The Government announced in October 2001 that all unlicensed
branches of Islamic charities would be closed by the end of 2002. During
the period covered by this report, the Government removed a large number
of unlicensed streetside charity boxes. In August 2002, the Acting
Minister of Social Affairs and Labor issued a ministerial decree to create
a charitable organizations department within the Ministry of Social
Affairs and Labor. The new department has been established with the
mandate to regulate Kuwaiti -based religious charities by reviewing their
applications for registration, monitor the operations of charities, and
establish a new accounting system to comply with regulations of charity
based operations.
The following religious holidays are considered national holidays: Eid
al-Adha, Islamic New Year, Prophet's Birthday, and Eid al-Fitr.
Restrictions on Religious Freedom
Shi'a are free to worship according to their faith without government
interference; however, members of the Shi'a community have expressed
concern about the scarcity of Shi'a mosques due to the Government's slow
approval of the construction of new Shi'a mosques and the repair of
existing mosques. (There are approximately 36 Shi'a mosques, compared to
1,300 Sunni mosques, in the country.) During the period covered by this
report, no additional Shi'a mosques were guaranteed beyond the three
approved for construction in 2001. The Shi'a appellate court for family
law cases and the Shi'a charity authority established in 2001 reportedly
are operating smoothly. The Government did not, however, approve the Shi'a
request for their own Awqaf.
Shi'a who aspire to serve as imams are forced to seek appropriate
training and education abroad due to the lack of Shi'a jurisprudence
courses at Kuwait University's College of Islamic Law, which only offers
Sunni jurisprudence courses. The Ministry of Education is still reviewing
an application to establish a private college to train Shi'a clerics
within the country. If approved the new college could reduce Shi'a
dependence on foreign study, for the training of Shi'a clerics.
The Roman Catholic, Anglican, National Evangelical, Greek Orthodox,
Armenian Orthodox, Coptic Orthodox, and Greek Catholic Churches operate
freely on their compounds, holding worship services without government
interference. Their leaders also state that the Government generally has
been supportive of their presence, even providing police security and
traffic control as needed. Other Christian denominations (including
Mormons, Seventh-day Adventists, Marthoma, and Indian Orthodox) are not
recognized legally, but are allowed to operate in private homes or in the
facilities of recognized churches. Members of these congregations have
reported that they are able to worship without government interference,
provided that they do not disturb their neighbors and do not violate laws
regarding assembly and proselytizing.
Members of religions not sanctioned in the Koran, such as Hindus and
Buddhists, may not build places of worship, but are allowed to worship
privately in their homes without interference from the Government.
In January 2002, after mounting pressure from citizens in the district
of Salwa, the Government ordered the closure of the Sikh gurudwara, or
temple. Sikhs who had worshipped there were still able to worship at
another Sikh temple. During the period covered by this report, the closed
temple was allowed to reopen.
The Government prohibits missionaries from proselytizing to Muslims;
however, they may serve non-Muslim congregations. The law prohibits
organized religious education for religions other than Islam, although
this law is not enforced rigidly. Informal religious instruction occurs
inside private homes and on church compounds without government
interference; however, there were reports that government inspectors from
the Awqaf Ministry periodically visit public and private schools outside
of church compounds to ensure that religious teaching other than Islam
does not takes place. The Roman Catholic Church has requested that
Catholic students be allowed to study the catechism separately during the
period in which Muslim students receive mandatory instruction in Islam.
During the period covered by this report, the Government still had not
responded to the request.
The Roman Catholic Church faces problems of overcrowding at its two
official church facilities. Its cathedral in downtown Kuwait City
regularly draws as many as 100,000 worshippers to its more than 30 weekly
services. Due to limited space on the compound, the church is unable to
construct any new buildings. The National Evangelical Church also faces
overcrowding at its compound, which serves a weekly average of 20,000
worshippers in 55 congregations.
There has been no change in the status of the Coptic Church since the
Government notified it last year of its intention to appropriate the
parcel of land on which the country's only Coptic church is located for a
road project. The Government plans to grant the Church a land parcel of
equal or greater size in the same general vicinity to relocate the church,
but it has not guaranteed financial assistance to construct a new church.
The Government does not permit the establishment of non-Islamic
publishing companies or training institutions for clergy. Nevertheless,
several churches publish religious materials for use solely by their
congregations. Further, some churches, in the privacy of their compounds,
provide informal instruction to individuals interested in joining the
clergy.
A private company, the Book House Company Ltd., is permitted to import
a significant number of Bibles and other Christian religious
material--including videotapes and compact discs--for use solely among the
congregations of the country's recognized churches. The Book House Company
is the only bookstore that has an import license to bring in such
materials, which also must be approved by government censors. There have
been reports of private citizens having non-Islamic religious materials
confiscated by customs officials upon arrival at the airport.
Although there is a small community of Christian citizens, a law passed
in 1980 prohibits the naturalization of non-Muslims; however, citizens who
were Christians before 1980 (and children born to families of such
citizens since that date) are allowed to transmit their citizenship to
their children.
According to the law, a non-Muslim male must convert to Islam when he
marries a Muslim woman if the wedding is to be legal in the country. A
non-Muslim female is not required to convert to Islam to marry a Muslim
male, but it is to her advantage to do so. Failure to convert may mean
that, should the couple later divorce, the Muslim father would be granted
custody of any children.
Women continue to experience legal and social discrimination. In the
family courts, one man's testimony is sometimes given the same weight as
the testimony of two women; however, in the civil, criminal, and
administrative courts, the testimony of women and men is considered
equally. Unmarried women 21 years old and over are free to obtain a
passport and travel abroad at any time; however, a married woman who
applies for a passport must obtain her husband's signature on the
application form. Once she has a passport, a married woman does not need
her husband's permission to travel, but he may prevent her departure from
the country by contacting the immigration authorities and placing a
24-hour travel ban on her. After this 24-hour period, a court order is
required if the husband still wishes to prevent his wife from leaving the
country. All minor children must have their father's permission to travel
outside of the country.
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.
The law requires jail terms for journalists who defame religion. There
were no reports during the period covered by this report of Islamists
using this law to threaten writers with prosecution for publishing
opinions deemed insufficiently observant of Islamic norms as had occurred
in the past, nor of religiously based prosecutions of authors or
journalists.
There were no reports of religious prisoners or detainees.
Forced Religious Conversions
There were no reports of forced religious conversion, including of
minor U.S. citizens who had been abducted or illegally removed from the
United States, or of the refusal to allow such citizens to be returned to
the United States. There have been cases in which U.S. citizen children
have been abducted from the United States and not allowed to return under
the law; however, there were no reports that such children were forced to
convert to Islam, or that forced conversion was the reason that they were
not allowed to return.
Improvements and Positive Developments in Respect for Religious
Freedom
The overall situation for Shi'a improved during the period covered by
this report. The Government approved the construction of 3 new Shi'a
mosques in addition to the 3 that were approved in 2001, bringing the
total to 36 Shi'a mosques in the country. The Government is currently
considering a request to establish a Shi'a "Supreme Court" to handle
matters of family law. The Government now allows Shi'a to follow their own
jurisprudence in matters of personal status at the first instance and
appellate levels, but not yet at the cassation level. Shi'a leaders no
longer express concern that proposed legislation in the National Assembly
does not take their beliefs into account.
An Apostolic Nunciature, headed by an Apostolic Nuncio, accredited to
Kuwait, Bahrain, and Yemen, was upgraded from charge d'affaires to full
ambassadorial status in September 2001, to represent Vatican interests in
the region. The Vatican Ambassador is resident in Kuwait City. The
Catholic Church views the Government's agreement to upgrade to full
diplomatic relations with the Vatican as significant in terms of
government tolerance of Christianity. The Ministry of Education has
announced its intention to combat religious intolerance by clarifying the
concept of "jihad" in school curricula; this initiative encountered strong
condemnation from Islamist members of parliament. During the year, the
Ministry removed teachers thought to be Islamic extremists.
Section III. Societal Attitudes
In general there are amicable relations among the various religions,
and citizens generally are open and tolerant of other religions; however
there is a small minority of ultraconservatives opposed to the presence of
non-Muslim groups.
While some discrimination based on religion reportedly occurs on a
personal level, most observers agree that it is not widespread. There is a
perception among some domestic employees and other members of the
unskilled labor force, particularly nationals of Southeast Asian
countries, that they would receive better treatment from employers as well
as society as a whole if they converted to Islam; however, others do not
see conversion to Islam as a factor in this regard.
The conversion of Muslims to other religions is a very sensitive
matter. While such conversions reportedly have occurred, they have been
done quietly and discreetly. Known converts face harassment, including
loss of job, repeated summonses to police stations, and imposition of
fines without due process.
In May the Awqaf Minister advised Kuwait's imams "not to pray against
Christians." In response, however, some Muslim leaders argued that it is
the duty of Muslims to foster hatred for Christians and Jews. While some
individuals incite hatred for Christians and Jews, in general the society
is peaceful and tolerant. Hostility towards Israel is pervasive, but
typically comes with a disavowal of hostility towards the Jewish religion.
After Kuwaiti Al Qa'ida sympathizers murdered a Marine in October,
mainstream Muslim leaders made efforts to teach that Islam forbids such
acts and prescribes peaceful relations. During the period covered by this
report, on several occasions local newspapers have published photographs
of Christian worship in Kuwait, in a factual, non-critical manner.
Section IV. U.S. Government Policy
The U.S. Government discusses religious freedom issues with the
Government in the context of its overall dialog and policy of the
promoting human rights.
U.S. Embassy officials frequently meet with representatives from Sunni,
Shi'a, and various Christian groups. Intensive monitoring of religious
issues has long been an embassy priority. Embassy officers have met with
most of the leaders of the country's recognized Christian churches, as
well as representatives of various unrecognized faiths. Such meetings have
afforded embassy officials the opportunity to learn the status and
concerns of these groups. Released on December 18, 2003 International Religious Freedom Report Home Page | |||||
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