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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Kuwait (RATIFICATION: 1966)

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Observation

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Article 1 of the Convention. Migrant domestic workers. The Committee notes that, in its report, the Government reiterates the information provided before concerning the provisions of the Domestic Workers Act (DWA) No.68-2015 and is silent on the measures taken to ensure genuine protection for migrant domestic workers against direct and indirect discrimination on all the grounds set out in the Convention, in particular against sexual harassment, and in all areas of their employment. The Committee further notes that, while welcoming the protections provided to migrant domestic workers under the DWA, the United Nations Committee on Economic, Social and Cultural Rights expressed its concern about continued reports of exploitation and abuse of migrant domestic workers by employers and the lack of enforcement mechanisms in its 2021 concluding observations (E/C.12/KWT/CO/3, paragraph 22). It also refers to its comments published in 2023 on the application of the Forced Labour Convention, 1930 (No.29). The Committee once again asks the Government: (i) to take the necessary measures, in cooperation with the social partners, to ensure genuine protection for migrant domestic workers, in law and practice, against direct and indirect discrimination on all of the grounds set out in the Convention, in particular against sexual harassment, and in all areas of their employment; and (ii) to continue to provide information regarding the number and nature of claims of discrimination in employment and occupation, including sexual harassment, brought by migrant domestic workers to the Department for the recruitment of domestic workers and the Public Authority of Manpower and how they have been addressed.

Article 2. Promotion of equality of opportunity and treatment for men and women. Regarding the situation of women participation in the labour market, the Committee notes the Government statement that women are more concentrated in the public sector (251,892) compared to men (167,513). It also notes that leadership positions are men dominated positions with 156 men compared to 47 women. This is also the same case in supervising positions with 8,393 men compared to 3,462. The Committee further notes that, in the Global Gender Gap Report 2023 of the World Economic Forum, Kuwait is ranked 120 out of 153 countries examined for the economic participation and opportunity for women (in 2022, Kuwait ranked 122). The labour force participation rate reaches 49 per cent for women compared to 87 per cent for men. In managerial and senior positions, women comprise 13.6 per cent, as compared to 86.3 per cent for men. The Committee notes that the Government does not provide information on concrete measures taken to address horizontal and vertical segregation in the labour market, which is a major cause underlying the gender segregation but affirms that women benefit of the same opportunities as men, both in accessing employment as well as training opportunities. It wishes to recall that proactive measures are required to address the underlying causes of discrimination and de facto inequalities resulting from discrimination deeply entrenched in traditional and societal values. In addition, it is also essential that vocational guidance and training measures address horizontal and vertical gender segregation in the labour market by promoting women’s access to a wider range of jobs and training, as well as to jobs at higher levels, particularly in occupations predominantly occupied by men and in sectors where women are less represented, such as Science, Technology, Engineering and Mathematic (STEM), Information and Communication Technology (ICT), construction and trade (2023 General Survey, Achieving Gender Equality, paragraph 340). The Committee asks the Government to provide: (i) information on any proactive measures taken or envisaged to increase the participation of women’s employment in the private sector, including by training women for higher skilled occupations in the formal and non-traditional areas; and (ii) updated statistics, disaggregated by sex on the employment of men and women in the various posts and occupations of the government sectors.