30. The Committee is concerned about the criminalization of sexual relations between consenting adults of the same sex, and also about the new criminal offence of “imitating members of the opposite sex”. It is also concerned about reported acts of violence against lesbian, gay, bisexual and transgender (LGBT) persons, including reports of harassment, arbitrary arrest and detention, abuse, torture, sexual assault and harassment of individuals on the basis of their sexual orientation or gender identity. (arts. 2 and 26)
The State party should decriminalize sexual relations between consenting adults of the same sex, and repeal the offence of imitating the opposite sex, in order to bring its legislation in line with the Covenant. The State party should also take the necessary steps to put an end to the social stigmatization of homosexuality and send a clear message that it does not tolerate any form of harassment, discrimination or violence against persons based on their sexual orientation or gender identity.
Link to full text of the report: Concluding Observations-CCPR-Kuwait-2011-eng