CMNT_TITLE

Abolition of Forced Labour Convention, 1957 (No. 105) - Kuwait (RATIFICATION: 1961)

Other comments on C105

Observation

Direct Request

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Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. Over a number of years, the Committee has been referring to sections 11, 12 and 13 of Legislative Decree No. 31 of 1980 regarding Security, Order and Discipline on Board Ship, under which various breaches of discipline (unauthorized absence, repeated disobedience, failure to return to the vessel) committed by common agreement by three persons may be punished by imprisonment (involving compulsory prison labour). The Committee requested the Government to take the necessary measures to amend the abovementioned provisions of Decree No. 31 of 1980.

The Committee notes the Government’s indication in its report that consultations with relevant stakeholders and the social partners are still ongoing to review Decree No. 31 of 1980 so that the sentence of imprisonment as a disciplinary measure would apply only in cases where the safety of the vessel or the life or health of persons is endangered. The Committee trusts that the necessary measures will be taken to amend or repeal Decree No. 31 of 1980, in order to ensure that the penalties involving compulsory labour are strictly limited to acts endangering the vessel or the life or health of persons. The Committee requests the Government to provide a copy of the amended Decree, once adopted.