A/HRC/43/51/Add.3
to freedom of opinion and expression while carrying out his legitimate human rights
activities.
680. The Special Rapporteur reminds the Government of Jordan of Human Rights
Committee, General Comment No. 34 on freedom of opinion and expression, which states
that Article 19(3) ICCPR may never be invoked as a justification for the muzzling of any
advocacy of democratic tenets and human rights. The Special Rapporteur is concerned that
defamation charges in Jordan are being used to silence human rights defenders and highlights
that states have an obligation to ensure protection of everyone against violence, threats,
retaliation, de facto or de jure or any other arbitrary action as a consequence of their legitimate
exercise of their rights.
Kuwait
681.
JAL 05/07/2019
Case no: KWT 2/2019
State reply: 06/08/2019
Allegations concerning an online campaign against Ms. Ebtehal Al-Khateeb,
after speaking out for the rights of the Bedoon minority in Kuwait.
682.
JUA 23/08/2019
Case no: KWT 3/2019 State reply: 23/08/2019 (A); 11/10/2019
Allegations concerning the arrests and detention of human rights defenders in
connection with their peaceful advocacy on behalf of the Bedoon community in Kuwait,
as well as allegations of torture and ill-treatment against them.
683. The Special Rapporteur thanks the Government of Kuwait for its replies to the
communications sent in this reporting period, noting that the translation of the reply dated 11
October 2019 has not been received yet. The Special Rapporteur looks forward to reading
the Government’s response in the future and continuing effective dialogue with the
Government.
684. The Special Rapporteur remains concerned about the challenges and risks faced by
human rights defenders advocating for the rights of the Bedoon minority in Kuwait, in
particular by exercising their rights to freedom of expression and peaceful assembly. This
apparent trend is reflected in both communications mentioned above. Similar concerns have
also been raised by the Special Rapporteur in previous reporting periods.
685. The Special Rapporteur is seriously concerned about the allegations of an online
attack against Ms. Ebtehal Al-Khateeb, after delivering a speech highlighting ongoing
violations against the Bedoon minority in Kuwait and demanding their civil, political and
other fundamental rights to be respected. The Special Rapporteur takes note of the
Government’s reply to this communication, including information on Ms. Al-Khateeb’s right
to file a complaint at the Office of the Public Prosecutor. However, he regrets that it did not
include specific information concerning the review of the tweets which reportedly targeted
Ms. Al-Khateeb with the use of “doxing” (a practice where users post an individual’s
personal and/or family information online, in this case with the intent of causing them harm).
686. While awaiting the translation of the Government’s reply to his communication sent
on 23 August 2019, the Special Rapporteur expresses serious concern about the wave of
arrests and detention of Bedoon rights defenders in general, which appear to be a direct result
of their activities in defence of the rights of the Bedoon minority as well as their exercise of
the rights to freedom of peaceful assembly and freedom of expression. Further to this, he is
concerned that the human rights defenders appear to be targeted simply for their belonging
to the Bedoon minority. The Special Rapporteur is alarmed by the allegations received
indicating that torture and/or cruel, inhuman or degrading treatment may have occurred
during the detention of the defenders.
687. The Special Rapporteur acknowledges the information provided in the response by
the Government to KWT 2/2019, concerning the public services available to members the
Bedoon minority but deeply regrets that the Government continues to refer to said minority
as “illegal residents”, despite the fact that persons belonging to the Bedoon minority have
been living in Kuwait for generations.
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