Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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 certain provisions 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 recalled that penalties imposed for violations of labour discipline or punishment for having participated in a strike do not come within the scope of the Convention only if such acts endanger the safety of the vessel or the life or health of persons. The Committee observed that sections 11, 12 and 13 of the above Legislative Decree do not appear to limit the application of the penalties to such acts.

The Committee notes the Government’s repeated statement that the provisions of the Legislative Decree will be amended to bring the legislation into conformity with the Convention, and that it will keep the Committee informed on any new developments.

The Committee once again trusts that the Government will take the necessary measures to amend the Legislative Decree No. 31 of 1980, for example by clearly indicating that the imposition of penalties involving compulsory labour is strictly limited to acts endangering the vessel or the life or health of persons. Pending such an amendment, the Committee requests the Government to continue to provide information on the application of the Legislative Decree in practice, supplying copies of court decisions and indicating the penalties imposed.