Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Other comments on C105

Observation

Direct Request

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Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views. In its earlier comments, the Committee noted that Legislative Decree No. 65 of 1979, which imposed certain restrictions on the organization of public meetings and assemblies, enforceable with penalties of imprisonment (involving compulsory prison labour, under section 63 of the Penal Code), had been declared unconstitutional by the Constitutional Court in 2006. It also noted that a draft Law on Public Meetings and Assemblies had been prepared in 2008. It noted, however, that the scope of certain provisions of the draft Law (sections 10 and 15) were not limited to acts of violence (or incitement to violence), armed resistance or uprising, but seemed to allow punishment involving the obligation to work to be imposed for the peaceful expression of opinions contrary to the Government’s policy and the established political system. The Committee requested the Government to take the necessary measures to ensure that the provisions of the draft Law on Public Meetings and Assemblies of 2008 would be modified.

The Committee notes the Government’s indication in its report that due consideration will be given to the amendment of the Law on Public Meetings and Assemblies of 2008, in order to bring it in line with the Convention. The Committee notes that the Government expresses its commitment to send a copy of the Law, once it is adopted. The Committee once again requests the Government to take the necessary measures without delay to bring the national legislation regulating public meetings and assemblies into conformity with the Convention in order to ensure that no prison sentences involving compulsory labour are imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system. The Committee requests the Government to provide a copy of the Law on Public Meetings and Assemblies, once it has been adopted.

The Committee is raising other matters in a request addressed directly to the Government.