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Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee previously noted that there are no specific legal provisions prohibiting the sale and trafficking of children under 18 years of age. The Committee reminded the Government that, even when a worst form of child labour appears to be non-existent, the Convention requires the ratifying Members to take immediate and effective measures to prohibit this form of child labour. The Committee notes the Government’s statement that a draft bill on combating human trafficking and the smuggling of migrants (Draft Trafficking Bill) has been drafted by the Ministry of Justice, and has been submitted to the Council of Ministers for its adoption. The Committee notes the Government’s indication that it will communicate any new developments concerning this bill. The Committee trusts that the draft bill on combating human trafficking and smuggling of migrants will contain provisions prohibiting the sale and trafficking of children under 18 years of age for the purpose of labour and sexual exploitation. The Committee requests the Government to take the necessary measures to ensure that the draft bill is adopted in the near future, and requests the Government to provide a copy, once adopted.
2. Forced or compulsory labour. In its previous comments, the Committee noted the Government’s reference to provisions of the Labour Code and Penal Code prohibiting and punishing the use of forced and compulsory labour and asked the Government to provide further information on this point. The Committee also asked the Government to provide a copy of the legal texts authorizing recourse to forced labour in case of a national emergency, particularly section 12/3 of Act No. 22 of 1967 and sections 16, 17 and 18 of Act No. 65 of 1980 on general mobilization. The Committee observes that, although the Government indicates in its report that copies of section 12/3 of Act No. 22 of 1967 and of Act No. 65 of 1980 are annexed, no such documents have been provided to the Office. Furthermore, it notes that the Government provides no information on the Labour and Penal Code provisions which prohibit and punish the use of forced and compulsory labour. Therefore, the Committee repeats its request to the Government to supply a copy of section 12/3 of Act No. 22 of 1967 and of sections 16, 17 and 18 of Act No. 65 of 1980 on general mobilization with its next report. It also once again requests the Government to indicate the provisions of the Labour Code and of the Penal Code which prohibit forced and compulsory labour and to provide a copy of the relevant legislation.
3. Recruitment of children for use in armed conflict. Following its previous comments, the Committee notes with interest that section 3(2) of the Army Act No. 32 of 1967 states that everyone appointed to serve in the army must be over 21 years of age.
Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted the Government’s indication that Act No. 3 of 1983, which relates to young persons, and Ministerial Decree No. 148 of 2004, which relates to the employment of young persons, contained provisions prohibiting the use, procuring or offering of a child under 18 years for illicit activities, in particular for the production and trafficking of drugs. The Committee requested the Government to supply copies of these pieces of legislation. The Committee notes that these documents were submitted with the Government’s report. It also notes that Act No. 3 of 1983 relates to juvenile justice and young offenders, and that Ministerial Decree No. 148 of 2004 relates to work prohibited for young persons. The Committee observes however that these documents do not appear to contain provisions prohibiting the use, procuring or offering of a child for illicit activities. The Committee therefore requests the Government to indicate which provisions of the Kuwaiti legislation prohibit the use, procuring or offering of a child under 18 years for illicit activities, in particular for the production and trafficking of drugs. It also asks the Government to provide a copy of these provisions.
Article 5. Monitoring mechanisms. 1. National committee to combat human trafficking and smuggling of migrants. The Committee notes that the Draft Trafficking Bill includes the establishment of a national committee to combat human trafficking and smuggling of migrants. The Committee requests the Government to provide information on the functioning, powers and duties, once established, of this national committee to combat human trafficking and smuggling of migrants, particularly with regard to the effective monitoring of the trafficking of persons under the age of 18.
2. Labour inspection. The Committee previously noted the Government’s information that it would provide extracts of the inspection reports specifying the extent and nature of violations detected involving children under 18 years of age involved in the worst forms of child labour. The Committee notes the Government’s statement that the monitoring authorities have not detected cases of the worst forms of child labour. The Committee recalls that the monitoring activity carried out by the relevant inspection authorities constitutes a measure to prevent the worst forms of child labour and accordingly encourages the Government to supply extracts of the inspection reports specifying the extent and nature of violations detected involving children under 18 years of age involved in the worst forms of child labour.
3. Higher Committee of Human Rights. The Committee notes the copy of the Ministerial Order No. 104 of 2008 on the establishment of the Higher Committee of Human Rights, in addition to Ministerial Order No. 169 on the nomination of the members to this Committee, and its mandate submitted with the Government’s report. The Committee requests the Government to indicate the role of the Higher Committee of Human Rights with regard to the prevention and elimination of the worst forms of child labour in Kuwait.
Article 6. Programmes of action. The Committee notes the Government’s indication that the national committee to combat human trafficking and smuggling of migrants (which will be established following the adoption of the Draft Trafficking Bill) will be responsible for formulating policies and programmes on this trafficking, in addition to preparing research and data on this subject, conducting media campaigns to raise awareness on this issue, and undertaking economic and social initiatives to fight these crimes. The Committee also notes that the Draft Trafficking Bill includes provisions relating to the care of victims of human trafficking, including medical and psychological care for the purpose of rehabilitation and follow-up services, in addition to accommodation in specialized centres. The Committee requests the Government to provide information on the activities of the national committee combating human trafficking and migrant smuggling, once established, with regard to the development and implementation of national programmes focused on combating the trafficking of children under the age of 18.
Article 7, paragraph 1. Penalties. In its previous comments, the Committee noted the low fine imposed on employers who violate the provisions of Act No. 38 of 1964 concerning the worst forms of child labour and invited the Government to provide information on the revision of the penalties provided by section 97 of that Act. It noted the Government’s indication that section 134 of the new draft Labour Code revises the penalty and increases the amount of the fine imposed in the case of infringements to the provisions of the Labour Code. The Committee notes the Government’s statement in its report submitted under Convention No. 138 that the draft project of the Labour Code is before the Majlis al-Ummah (legislative authority). The Committee notes the Government’s indication that the draft project of the Labour Code was discussed in its entirety during the Majlis al-Ummah’s first session and that it will soon be promulgated. The Committee once again expresses the firm hope that the Government will take the necessary measures to ensure that the draft Labour Code is adopted in the very near future. Furthermore, the Committee asks the Government to supply statistics on the number and nature of penalties imposed in practice as soon as they become available.
Article 7, paragraph 2. Clause (a). Effective and time-bound measures. Preventing the engagement of children in the worst forms of child labour. Education. The Committee previously requested the Government to supply a copy of the order which specifies that children who do not have Kuwaiti nationality (Bedoon children) shall be treated as Kuwaiti citizens with respect to free and compulsory education. It also requested the Government to provide information on the enrolment and drop-out rates in schools, including of Bedoon children. The Committee notes the Government’s statement in reference to the provision of education to the children of illegal residents, that the Government pays attention to these cases, and that many such children are registered at private and public Kuwaiti schools. The Committee notes the Government’s indication that a fund totalling 4 million Kuwaiti dinars (approximately US$14,012,960) was set up especially for the education of these children, benefitting 15,730 students in 2006 and 2007. The Committee requests the Government to continue to provide information on the number of children, who do not have Kuwaiti nationality, who benefit from this educational fund. It also once again requests the Government to provide information on the enrolment and drop-out rates in schools, particularly of Bedoon children.
Clause (d). Identifying and reaching out to children at special risk. Child migrant and domestic workers. The Committee previously noted that, in its concluding observations of 2004 (E/C.12/1/Add.98, paragraphs 17–21), the Committee on Economic and Social and Cultural Rights (CESCR) expressed its concern at the situation of domestic workers, in particular migrant workers, who were excluded from the application of the Labour Code and whose situation was not dissimilar to forced labour. In addition, according to the CESCR, the incidence of trafficking of women and children had risen, including for the purpose of domestic work. The Committee also noted that, according to the information available at the Office, there were credible reports of foreign women and girls having migrated to Kuwait as domestic workers who were coerced into situations of debt bondage or involuntary servitude and that Kuwait was a destination country for children trafficked primarily from Bangladesh, India, Indonesia, Pakistan, Philippines and Sri Lanka for the purposes of sexual and labour exploitation. The Committee requested the Government to provide information on the time-bound measures taken or envisaged to protect these children.
The Committee notes that, in its concluding observations on the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC OP-SC) of 18 February 2008, the Committee on the Rights of the Child (CRC) noted that a centre was established in 2007 to regulate the situation of domestic workers and to ensure that no domestic workers under 18 were brought into the country. Nonetheless, the CRC expressed concern at the continued possibility of exploitation of domestic workers under 18 entering the country (CRC/C/OPSC/KWT/CO/1, paragraph 23). The Committee requests the Government to provide detailed information on the activities of the centre to regulate the situation of domestic workers, referred to by the CRC, particularly with regard to the protection of domestic workers under the age of 18. The Committee also requests the Government to provide information on any additional measures taken or envisaged to ensure that children under 18 years working as domestic workers, especially migrant workers and trafficked persons, are protected from the worst forms of child labour.
Article 8. International cooperation and assistance. The Committee notes the Government’s indication, in its reply to the list of issues of the CRC, in connection with its report on the OP-SC, that the Draft Trafficking Bill explicitly refers to the question of legal and judicial competence for transnational crimes. The Committee requests the Government to provide information on the impact of the draft bill on combating trafficking and the smuggling of migrants, once adopted, in enhancing international cooperation to prevent and eliminate child trafficking and to ensure that individuals who traffic children across borders are effectively prosecuted.
Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that it has not registered any cases of the sale and trafficking of children, or any cases of child labour. Nonetheless, the Committee notes that the CRC, in its concluding observations on the CRC OP-SC, stated that the limited amount of reliable data on the extent of the sale of children, child prostitution and child pornography is largely due to the absence of a comprehensive data collection system, as well as to prevailing taboos in society surrounding this issue (CRC/C/OPSC/KWT/CO/1, paragraph 5). The Committee expresses its concern at the lack of data available on children engaged in the worst forms of child labour, and it urges the Government to take the necessary measures to ensure that sufficient data on the situation of child victims of trafficking, prostitution and forced labour are available.
Considering that the Government has been referring to the draft Labour Law for a number of years and, given that Article 1 of the Convention obliges member States to take “immediate” measures, the Committee requests the Government to take the necessary measures to ensure its adoption as a matter of urgency.
The Committee notes the Government’s report.
Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee had previously noted that there are no specific legal provisions prohibiting the sale and trafficking of children under 18 years of age. The Committee notes the Government’s information that no case of trafficking of children for labour and sexual exploitation was reported. However, the Committee reminds the Government that even where a worst form of child labour appears to be non-existent, the Convention requires the ratifying Members to take immediate and effective measures to prohibit this form of child labour. Therefore, the Committee once again requests the Government to take the necessary measures to prohibit the sale and trafficking of children under 18 years of age for the purpose of labour and sexual exploitation.
2. Forced or compulsory labour. In its previous comments, the Committee had asked the Government to provide a copy of the legal texts authorizing recourse to forced labour in case of a national emergency, particularly section 12/3 of Act No. 22 of 1967 and sections 16, 17 and 18 of Act No. 65 of 1980 on general mobilization. The Committee had also previously noted the Government’s reference to provisions of the Labour Code and Penal Code prohibiting and punishing the use of forced and compulsory labour and had asked the Government to provide further information on this point. The Committee observes that the legal texts on general mobilization have not been provided to the Office with the Government’s report. Furthermore, it notes that the Government provides no information on the Labour and Penal Code provisions which prohibit and punish the use of forced and compulsory labour. Therefore, the Committee repeats its request to the Government to supply a copy of section 12/3 of Act No. 22 of 1967 and of sections 16, 17 and 18 of Act No. 65 of 1980 on general mobilization with its next report. It also once again requests the Government to indicate the provisions of the Labour Code and of the Penal Code which prohibit forced and compulsory labour and to provide a copy of the relevant legislation.
3. Recruitment of children for use in armed conflict. In its previous comments, the Committee had noted that section 2 of Legislative Decree No. 102 of 1980, concerning compulsory service in the regular armed forces and the reserve, states that military service is compulsory for every male over 18 years of age and that section 32 of the Army Act No. 32 of 1967 states that everyone appointed to serve in the army must be over 21 years of age. The Committee notes the Government’s indication that it will provide the Office with a copy of these legal texts.
Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously requested the Government to indicate which provisions of the Penal Code prohibit the use, procuring or offering of a child under 18 years for illicit activities, in particular for the production and trafficking of drugs, and had asked the Government to provide a copy of these provisions. The Committee notes the Government’s indication that those provisions are Act No. 3 of 1983, which relates to young persons, and Ministerial Decree No. 148 of 2004, which relates to the employment of young persons. However, the Committee observes that these legal texts are not joined to the Government’s report. Accordingly, the Committee requests the Government to supply a copy of Act No. 3 of 1983 and of Ministerial Decree No. 148 of 2004.
Article 5. Monitoring mechanisms. 1. Labour inspection. In its previous comments, the Committee had noted the Government’s indication that no information is available on the inspections undertaken by the labour inspectorate in view of the non-existence of child labour in Kuwait. The Committee recalled that the monitoring activity carried out by the relevant inspection authorities constitutes a measure to prevent the worst forms of child labour. It notes the Government’s information that it will provide extracts of the inspection reports specifying the extent and nature of violations detected involving children under 18 years of age involved in the worst forms of child labour. The Committee expresses the hope that the Office will receive those documents in the very near future.
2. Inter-ministerial anti-trafficking task force. In its previous comments, the Committee had noted that an inter-ministerial task force was established by the Government to coordinate anti-trafficking efforts. Noting the absence of information on this point, the Committee once again asks the Government to indicate how this task force contributes to the prevention and elimination of child trafficking. It also reiterates its request that the Government provide information on the functioning, powers and duties of this inter-ministerial task force.
Article 6. Programmes of action. Following its previous comments, the Committee notes the Government’s statement that there is no abuse of children in Kuwait and no case involving the sale or trafficking of children was reported. However, the Committee once again reminds the Government that, even where the worst forms of child labour appear to be non-existent, the Convention requires the ratifying member States to take measures to ensure that such forms of child labour do not arise in the future. In this context, the Committee strongly encourages the Government to provide information on the steps envisaged, in consultation with the organizations of employers and workers concerned, and, taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not arise in Kuwait.
Article 7, paragraph 1. Penalties. In its previous comments, the Committee had noted the low fine imposed on employers violating the provisions of Act No. 38 of 1964 and had invited the Government to provide information on the revision of the penalties provided by section 97 of that Act. It had also noted the Government’s information that there have been no new developments on revising those penalties and that there were no statistics on the number of penalties imposed in practice. The Committee takes note of the Government’s indication that section 134 of the new draft Labour Code revises the penalty and increases the amount of the fine imposed in case of infringements to the provisions of the Labour Code. The Committee once again expresses the firm hope that the Government will take the necessary measures to ensure that the draft Labour Code is adopted in the very near future. Furthermore, the Committee asks the Government to supply statistics on the number and nature of penalties imposed in practice as soon as they become available.
Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Following its previous comments, the Committee takes note of the Government’s statement that it will provide the order which specifies that children who do not have Kuwaiti nationality (Bedoon children) shall be treated as Kuwaiti citizens with respect to free and compulsory education and that, therefore, no education fees shall apply, as soon as it becomes available. The Committee once again requests the Government to supply a copy of the Order, as well as information on the enrolment and drop-out rates in schools, including of Bedoon children, along with its next report.
Clause (d). Identifying and reaching out to children at special risk. Child migrant and domestic workers. With reference to its previous comments, the Committee notes the Government’s information that the Ministry of the Interior promulgated Order No. 640 of 1987, in which section 5(3) sets the minimum age for domestic work at 20 years of age. The Committee points out, however, that section 5(3) only applies to a legal relationship between employer and domestic worker, while the trafficking of persons is an activity that generally takes place in an illegal context. Moreover, the Committee notes that, in its concluding observations of 2004 (E/C.12/1/Add. 98, paragraphs 17–21), the Committee on Economic and Social and Cultural Rights expressed its concern at the situation of domestic workers, in particular migrant workers, who are excluded from the application of the Labour Code. The situation of these workers is not dissimilar to forced labour. In addition, according to the Committee of Economic and Social and Cultural Rights, the incidence of trafficking of women and children has risen, including for the purpose of domestic work. Moreover, the Committee notes that, according to the information available at the Office, there were credible reports of foreign women and girls having migrated to Kuwait as domestic workers who are coerced into situations of debt bondage or involuntary servitude and that Kuwait is a destination country for children trafficked primarily from Bangladesh, India, Indonesia, Pakistan, the Philippines and Sri Lanka for the purpose of labour exploitation. According to this information, it is reported that domestic workers migrating to Kuwait are trafficked for sexual and labour exploitation. Consequently, the Committee once again asks the Government to provide information on the time-bound measures taken or envisaged to ensure that all children under 18 years working as domestic workers, especially migrant workers and trafficked persons, are protected from the worst forms of child labour.
Article 8. International cooperation and assistance. Noting the absence of information contained in the Government’s report, the Committee once again requests the Government to indicate, as soon as this information becomes available, any steps taken to assist other member States in giving effect to the Convention through enhanced international cooperation and assistance, including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.
Parts IV and V of the report form. Application of the Convention in practice. Noting the absence of information in the Government’s report, the Committee once again requests the Government to supply, as soon as this information becomes available, copies or extracts from official documents including inspection reports, studies and inquiries, and, where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.
Considering that the Government has been referring to the draft Labour Law for a number of years and, given that Article 1 of the Convention obliges member States to take “immediate” measures, the Committee requests the Government to strengthen its efforts to ensure its adoption as a matter of urgency.
Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee had previously noted that there are no specific legal provisions prohibiting the sale and trafficking of children under 18 years of age. It had also noted the Government’s information that, with regard to the prevention, suppression and punishment of trafficking for the purpose of exploitation, the provisions of the Labour Code and the Penal Code that prohibit and punish the use of forced or compulsory labour would be implemented. The Committee had asked the Government to indicate the concrete results achieved through the implementation of these provisions, and in particular whether their implementation has resulted in deterring the trafficking of children. The Committee notes the absence of information in this regard in the Government’s report. The Committee recalls that, under Article 3(a) of the Convention, the sale and trafficking of children is considered as one of the worst forms of child labour, and that by virtue of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate measures to secure the prohibition of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to take the necessary measures to prohibit the sale and trafficking of children under 18 years of age for the purpose of labour and sexual exploitation.
2. Forced or compulsory labour. The Committee had previously noted that, according to article 42 of the Constitution, there is no forced labour except in the case specified by the law for national emergency and with just remuneration. The Committee had asked the Government to provide information on the kind of national emergencies that justify the recourse to forced labour. It had also asked the Government to provide a copy of the legal texts authorizing the recourse to forced labour in case of a national emergency. The Committee notes the Government’s statement that the nature of the national emergency justifies resorting to forced labour when the country is exposed to a situation that threatens security and public order in the country, on account of an armed aggression, even if it is imminent or due to internal conflicts. The Committee asks the Government to provide a copy of section 12/3 of Act No. 22 of 1967 and of sections 16, 17 and 18 of Act No. 65 of 1980 on general mobilization mentioned by the Government in its report.
The Committee had previously noted the Government’s reference to provisions of the Labour Code and Penal Code prohibiting and punishing the use of forced and compulsory labour. It had asked the Government to indicate which provisions of the Labour Code and of the Penal Code prohibit and punish the use of forced and compulsory labour. Noting the absence of information on this point, the Committee once again requests the Government to indicate the provisions of the Labour Code and of the Penal Code which prohibit forced and compulsory labour and to provide a copy of the relevant legislation.
3. Recruitment of children for use in armed conflict. The Committee had previously noted the Government’s indication that section 2 of Legislative Decree No. 102 of 1980, concerning compulsory service in the regular armed forces and the reserve, states that military service is compulsory for every male over 18 years of age. It had further noted that section 32 of Army Act No. 32 of 1967 states that everyone appointed to serve in the army must be over 21 years. The Committee once again requests the Government to supply a copy of Legislative Decree No. 102 of 1980 and Army Act No. 32 of 1967.
Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee had requested the Government to provide information on the measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and sanctions envisaged. It also asked the Government to supply a copy of relevant legislation. The Committee notes the Government’s statement that there are no texts in this regard and, in such cases, the Penal Code applies. The Committee requests the Government to indicate which provisions of the Penal Code prohibit the use, procuring or offering of a child under 18 years for illicit activities, in particular for the production and trafficking of drugs. It also asks the Government to provide a copy of these provisions.
Clause (d). Hazardous work. The Committee had previously noted that, according to section 198(c) of Act No. 38 of 1964, juveniles aged 14 to 18 years may only be employed in industries and trades that are not dangerous and harmful to their health. The Committee notes that, according to Ministerial Decree No. 152 of 2004, children of both sexes aged less than 18 may not be employed in the following activities: (a) economic or industrial activities if these are harmful to their health, physical or mental safety, except for vocational training purposes and according to the terms and standards for training set out in section 20 of Act No. 38 of 1964; (b) as camel jockeys, or similar activities organized by the Kuwait Racing Club for camel races or any other body. The Committee takes note of this information.
Article 4, paragraph 1. Determination of hazardous work. Following its previous comments, the Committee notes the Government’s statement that section 1 of Ministerial Order No. 149 of 2004 - which repeals Order No. 18 of 1973 - provides for a comprehensive list of types of hazardous work prohibited for children under 18 years of age. The Committee notes with interest that this list includes: work in quarries and the asphalt industry, work with ionized radiation; petroleum and natural extraction; the manufacture and handling of insecticides; work in abattoirs and tanneries; the handling, operation or maintenance of moving machinery; work in cement factories; work requiring lifting, pulling or pushing of weights; work requiring the use of solvent compounds in cleaning mechanical parts; ice and cooling industries; occupations requiring climbing of poles or antennas exceeding five metres in height which could cause accidents; occupations for filling containers with compressed gases. The Committee notes the Government’s information that Order No. 149 of 2004 was adopted after consultation with the Chamber of Commerce and Industry and the Kuwait Trade Union Federation. The Committee takes due note of this information.
Article 4, paragraph 2. Identification and revision of hazardous work. With reference to its previous comments, the Committee reminds the Government that, by virtue of Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work determined pursuant to Article 4, paragraph 1, exist. The Committee once again requests the Government to provide information on the measures taken or envisaged to identify where hazardous work exists, in consultation with the organizations of employers and workers concerned.
Article 4, paragraph 3. Periodic examination of the list of hazardous work. Following its previous comments, the Committee notes the Government’s statement that it is constantly undertaking consultations with the competent authorities, especially the Ministry of Health, to examine the list of types of hazardous work, and review it in light of the scientific and technical developments. This review resulted in the promulgation of Order No. 149 of 2004, repealing Order No. 18 of 1973.
Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee had previously asked the Government to provide information on the inspections carried out by the labour inspectors regarding the infringements of the national provisions giving effect to the Conventions. It had also asked the Government to supply reports or documents by the labour inspectorate. The Committee notes the Government’s statement that no information is available on the inspections undertaken by the labour inspectorate in view of the non-existence of child labour in Kuwait. The Committee recalls that the monitoring activity carried out by the relevant inspection authorities constitutes a measure to prevent the worst forms of child labour. The Committee accordingly encourages the Government to supply extracts of the inspection reports specifying the extent and nature of violations detected involving children under 18 years of age involved in the worst forms of child labour.
2. Interministerial anti-trafficking task force. In its previous comments, the Committee had noted that an interministerial task force was established by the Government to coordinate anti-trafficking efforts. The Committee asks the Government to indicate how this task force contributes to the prevention and elimination of child trafficking. It also requests the Government to provide information on the functioning, powers and duties of this interministerial task force.
3. Higher Committee for the Family and Child. Following its previous comments, the Committee notes the Government’s statement that no information is available on the activities of the Higher Committee for the Family and Child, established by Decree No. 134/2000. It asks the Government to provide information on the activities undertaken by the Committee for the Family and Child with regard to the elimination of the worst forms of child labour, as soon as this information becomes available.
Article 6. Programmes of action. With reference to its previous comments, the Committee notes the Government’s statement that there is currently no information on this point and any new developments will be communicated in the future. The Committee once again reminds the Government that, even where the worst forms of child labour appear to be non-existent, the Convention requires the ratifying member States to take measures to determine whether such forms of child labour exist and to ensure that they will not arise in the future. In this context, the Committee encourages the Government to provide information on the steps envisaged, in consultation with the organizations of workers and employers concerned and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Kuwait.
Article 7, paragraph 1. Penalties. The Committee had previously noted that sections 202 to 204 of the Penal Code establish penalties of imprisonment for breach of the provisions prohibiting the incitement or coercion of children into pornography or prostitution. The Committee had also noted the low fine imposed on employers violating the provisions of Act No. 38 of 1964. It had invited the Government to provide information on the revision of penalties provided by section 97 of Act No. 38 of 1964 in cases of failure to apply the provisions of the Act concerning the worst forms of child labour, such as the prohibition to employ children aged 14 to 18 in types of hazardous work (section 19(c)). The Committee notes the Government’s information that there have been no developments on the penalties applied by virtue of section 97 of Act No. 38 of 1964. Besides, there are no statistics on the number of penalties imposed in practice. The Committee once again reminds the Government that, by virtue of Article 7, paragraph 1, of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of sufficiently effective and dissuasive penalties. The Committee once again requests the Government to provide information on the measures taken or envisaged to revise and increase the penalties provided for under section 97 of Act No. 38 of 1964 in cases of failure to apply the provisions of the Act concerning the worst forms of child labour, such as the prohibition to employ children under 18 in hazardous work. The Committee trusts that due consideration will be given to this point in enacting the draft labour law. Finally the Committee asks the Government to supply statistics of the number and nature of penalties imposed in practice as soon as they become available.
Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Bedoon children. Following its previous comments, the Committee notes the Government’s statement that it took a highly significant step in protecting children who do not have Kuwaiti nationality (Bedoon children) through the issuing of an order which specifies their treatment as Kuwaiti citizens with respect to free and compulsory education. No education fees shall apply. Considering that education contributes to the elimination of child labour, the Committee asks the Government to provide information on any relevant impact of the adoption of this Order in preventing Bedoon children from being engaged in the worst forms of child labour. The Committee asks the Government to supply a copy of the abovementioned order. It finally requests the Government to provide information on the enrolment and dropout rates in schools, including of Bedoon children.
Clause (d). Identifying and reaching out to children at special risk. Child migrant and domestic workers. The Committee notes that the Committee on the Rights of the Child, in its Concluding Observations of 1998 (CRC/C/15/Add.88, paragraph 18), expressed its concern at the discrimination towards young migrant workers. It also notes that, in its Concluding Observations of 2004 (E/C.12/1/Add.98, paragraphs 17-21), the Committee on Economic and Social and Cultural Rights expressed its concern at the situation of domestic workers, in particular migrant workers, who are excluded from the application of the Labour Code. This situation of these workers is not dissimilar to forced labour. In addition, according to the Committee of Economic and Social and Cultural Rights, the incidence of trafficking women and children has risen, including for the purpose of domestic work. Moreover, the Committee notes that, according to the information available at the Office, there were credible reports of foreign women and girls having migrated to Kuwait as domestic workers who are coerced into situations of debt bondage or involuntary servitude and that Kuwait is a destination country for children trafficked primarily from Bangladesh, India, Indonesia, Pakistan, the Philippines and Sri Lanka for the purpose of labour exploitation. According to this information, it is reported that domestic workers migrating to Kuwait are trafficked for sexual and labour exploitation. The Committee requests the Government to provide information on the time-bound measures taken or envisaged to ensure that children under 18 years working as domestic workers, especially migrant workers, are protected from the worst forms of child labour.
Article 8. International cooperation and assistance. The Committee notes the Government’s statement that no information on this Article is available at present and the Government will inform the Committee on any new developments in this regard. The Committee once again requests the Government to indicate, as soon as this information becomes available, any steps taken to assist other member States in giving effect to the Convention through enhanced international cooperation and assistance, including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.
Parts IV and V of the report form. Following its previous comments, the Committee notes the Government’s statement that the application of the provisions of the Convention did not present any practical problems, as there is full cooperation between the Ministry of Social Affairs and Labour (the labour inspectorate) and the Ministries of Interior and Commerce in applying the provisions of the Convention. The Committee also notes the Government’s information that there are no statistics as requested and this information shall be communicated as soon as it is made available. The Committee once again requests the Government to supply, as soon as this information becomes available, copies or extracts from official documents including inspection reports, studies and inquiries and, where such statistics exist, information on the nature extent, and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.
The Committee notes the Government’s statement that it will keep the Committee informed on the progress made on the application of the Convention and the legislation enacted in order to put it into effect. It also notes that the Government will continue to solicit the necessary technical assistance if needed. The Committee takes note of this information and encourages the Government to strengthen its efforts in enacting the draft labour law.
The Committee takes note of the Government’s first report, and requests it to supply further information on the following points.
Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the Government has provided no information with regard to this Article, which requires each Member which ratifies this Convention to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee consequently asks the Government to provide a general overview of the measures taken to apply this Article.
Article 3. Worst forms of child labour. Clause (a). 1. Forced or compulsory labour. The Committee notes that article 42 of the Constitution provides that there is no forced labour except in the case specified by the law for national emergency and with just remuneration. The Committee recalls that Article 3(a) of the Convention prohibits all forms of slavery or practices similar to slavery, such as forced or compulsory labour, for every child under 18 years. The Committee asks the Government to provide information on the kind of national emergencies that justify the recourse to forced labour. It also asks the Government to provide a copy of the legal texts authorizing the recourse to forced labour in case of a national emergency.
2. Trafficking in children. The Committee notes the Government’s reply to the general observation under Convention No. 29 of 2000. The Government states therein that respecting the measures taken or contemplated to prevent, suppress and punish trafficking in persons for the purpose of exploitation, the provisions of the Labour Code and the Penal Code that prohibit and punish the use of forced or compulsory labour shall be implemented. The Committee recalls that, under Article 3(a) of the Convention, trafficking of children is considered as one of the worst forms of child labour. The Committee notes that there is no specific legal provision prohibiting the sale and trafficking of children under 18 years. The Committee asks the Government to indicate the provisions of the Labour Code and Penal Code that prohibit and punish the use of forced or compulsory labour. It also asks the Government to indicate the concrete results achieved through the implementation of these provisions, and in particular whether their implementation has resulted in deterring the trafficking of children.
3. Armed conflict. The Committee notes that article 158 of the Constitution provides that military service is regulated by law. It also observes that article 160 stipulates that mobilization, general or partial, is regulated by law. According to the Government’s statement in its report to the Committee on the Rights of the Child in 1996, Kuwaiti legislation provides that no one under 18 years of age is permitted to enlist in military service. The Government also indicated that section 2 of Legislative Decree No. 102 of 1980, concerning compulsory service in the regular armed forces and the reserve, stipulates that military service is compulsory for every male over 18 years of age. It further indicated to the Committee on the Rights of the Child that section 32 of the Army Act No. 32 of 1967 provides that everyone appointed to serve in the army must be over 21 years of age. The Committee recalls that according to Article 3(a) of the Convention, forced and compulsory recruitment of children under 18 years of age for use in armed conflict constitutes one of the worst form of child labour and shall therefore be prohibited for children under 18 years of age. The Committee consequently requests the Government to provide a copy of the legislation prohibiting forced or compulsory recruitment of children for use in armed conflict, in particular Decree No. 102 of 1980 on Compulsory Service and the Army Act No. 32 of 1967.
Clause (b). The use, procuring or offering of a child for prostitution or pornography. The Committee notes with interest the information provided by the Government in its report that Kuwait has taken several measures for the prevention of child sexual exploitation. In particular, it observes that sections 200 and 204 of the Penal Code prohibit the exploitation of child prostitution and pornography. It further notes that violations of these provisions carry heavy sanctions of imprisonment and fines. The Committee asks the Government to provide a copy of the Penal Code.
Clause (c). The use, procuring or offering of a child for illicit activities. The Committee notes the absence of information in the Government’s report on the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee recalls that, by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and sanctions envisaged. It also requests the Government to supply a copy of relevant legislation.
Clause (d). Hazardous work. The Committee notes the Government’s statement in its report that the Labour Law for the Public Sector and implementing Decrees, especially Decrees Nos. 25/75 and 18/73, include the provisions set forth in the Convention. It notes that section 198(c) of Act No. 38 of 1964 provides that juveniles aged 14 to 18 years may only be employed in industries and trades that are not dangerous and harmful to their health. However, the Committee also notes that according to sections 1 and 2 of Law No. 38 of 1964, provisions stated therein do not apply to self-employed workers (section 1), domestic servants and the like (section 2(e)) and workers employed for temporary work of no more than six months’ duration (section 2(d)). The Committee notes that the Government indicated in its report under Convention No. 138 that it intends to amend section 2(d) and (e) of Law No. 38 of 1964 to read as follows "the provisions of this law shall exclude from its scope domestic workers and other workers to whom other laws apply, as specified in such laws". The Committee requests the Government to indicate whether the amendments to paragraphs (d) and (e) of section 2 of Law No. 38 of 1964 will ensure that self-employed children, domestic servants and the like, and children employed for temporary work of no more than six months’ duration are protected against work which, by its nature or the circumstances in which it is carried out is likely to harm their health, safety or morals.
Article 4, paragraph 1. Determination of hazardous work. The Committee notes the Government’s indication in its report that section 1(1) of Order No. 18 of 1973 lists the types of employment in which adolescents younger than 18 years of age may not be employed. The Committee draws the Government’s attention to Paragraph 3 of Recommendation No. 190 which provides for a list of hazardous work to which special consideration shall be given. The Committee notes that work under water, at dangerous heights, in confined spaces and work in high temperatures as well as work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads is not laid down in Order No. 18 of 1973. The Committee asks the Government to indicate whether consideration was given to the types of hazardous work enumerated in Paragraph 3 of Recommendation No. 190 that are not covered by Order No. 18 of 1973, such as work under water, at dangerous heights, in confined spaces, and work in high temperatures. The Committee also asks the Government to communicate information on the consultations that were held with the organizations of employers and workers concerned.
Paragraph 2. Identification of hazardous work. The Committee notes the absence of information in the Government’s report on efforts made to identify where work that by its nature or the circumstances in which it is carried out is likely to harm the health, safety or morals of children exists. The Committee reminds the Government that according to Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken or envisaged to identify where hazardous work exists, in consultation with the organizations of employers and workers concerned.
Paragraph 3. Periodic examination of the list of hazardous work. The Committee observes that section 1 of Order No. 18 of 1973 lists industries in which the employment of minors is prohibited. It also notes that section 1(p) of Order No. 18 of 1973 states that children may not be employed for work involving the handling or use of lead, petrol, arsenic, phosphor or any substance listed in the table of occupational diseases established by Ministerial Order No. 17 issued on 21 August 1973. The Committee further notes that section 28 of Ministerial Order No. 43 of 1979 covers the types of work and operations that can cause the diseases mentioned in Order No. 17 of 1973 on occupational diseases, as well as the enterprises in which it is prohibited to employ adolescents as determined by Ministerial Order No. 18 of 1973. The Committee observes that the list given in Order No. 18 was established in 1973. It therefore recalls that Article 4, paragraph 3, of the Convention provides that the list of types of work determined as hazardous shall be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned. The Committee accordingly asks the Government to provide information on the measures taken or envisaged to examine and revise the list of hazardous work, where necessary, in the light of scientific and technical developments.
Article 5. Monitoring mechanisms. 1. The Committee notes the Government’s indication in its report that the Ministry of Social Affairs and Labour (Labour Inspection Department) in cooperation, in certain cases, with the Ministry of Interior and the Ministry of Trade, is responsible for monitoring the implementation of the national legislation giving effect to the Convention. The Committee asks the Government to provide information on the inspections carried out by the Labour Inspectorate regarding infringements of the national provisions giving effect to the Convention. It also asks the Government to supply reports or documents drafted by the Labour Inspectorate.
2. The Committee notes that the Government established an inter-ministerial task force to coordinate anti-trafficking efforts. The Committee requests the Government to indicate if the mandate of this inter-ministerial task force covers child trafficking. It also asks the Government to provide detailed information on the functioning, powers and duties of the inter-ministerial task force. The Committee requests the Government to indicate if consultations were held with the organizations of workers and employers in accordance with the provisions of this Article.
3. Furthermore, the Committee notes the Government’s statement in its report that a Higher Committee for the Family and Child was established by Decree No. 134/2000. Its tasks are to follow up measures taken relating to child and family and ensure their implementation. The Committee asks the Government to provide information on the activities undertaken by this Committee regarding the elimination of the worst forms of child labour.
Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s statement in its report that, due to the absence of child labour in Kuwait, it does not need to design any special programmes to eliminate the worst forms of child labour. The Committee reminds the Government that even where the worst forms of child labour appear to be non-existent, the Convention requires ratifying member States to take measures to determine whether such forms of child labour exist and to ensure that they will not arise in the future. In this context, the Committee requests the Government to indicate what steps it envisages, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Kuwait.
Article 7, paragraph 1. Sanctions. The Committee notes the Government’s statement in its report that sections 200 to 204 of the Penal Code provide for sanctions of imprisonment for persons inciting or forcing children into pornography or prostitution. It also notes that section 97 of Act No. 38 of 1964 provides for a system of progressive sanctions in case of infringements of the provisions of the Act. The offender shall first be warned to stop the infraction. In case of non-compliance he/she is liable to a fine of three dinars for every worker employed on terms that contravene the provisions, and, should the violation(s) continue, the fine shall be increased to five dinars. The Committee’s understanding of this, in the light of the information contained in the Government’s report on the application of the Labour Inspection Convention, 1947 (No. 81), is that the amounts of the fines established when the Act was passed in 1964 have been revised, given that the report refers to fines of 100 and 200 dinars, respectively, for every worker employed on terms that contravene the provisions. Noting the low fine imposed on employers violating the provisions of Act No. 38 of 1964, the Committee recalls that under Article 7, paragraph 1, of the Convention, the Government shall take necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including appropriate penalties. The Committee notes that, according to the Government’s reply to the general observation under Convention No. 29 of 2000, the provisions of the Labour Code and the Penal Code prohibit and punish the use of forced or compulsory labour. The Committee requests the Government to provide information on sanctions applicable to the use of forced or compulsory labour. The Committee also invites the Government to provide information on the revision of penalties provided under section 97 of Act No. 38 of 1964 in cases of failure to apply the provisions of the Act concerning the worst forms of child labour, such as the prohibition to employ children aged 14 to 18 in industries and trade that are dangerous and harmful to their health (section 19(c) of Act No. 38 of 1964). It requests the Government to provide information on the type and number of sentences imposed in practice.
Paragraph 2. Time-bound measures. The Committee takes note of the absence of information in the Government’s report on the existence of time-bound and effective measures: (a) preventing the engagement of children in the worst forms of child labour; (b) providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration; (c) ensuring access to free basic education, and, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour; and (d) taking into account the special situation of girls. The Committee requests the Government to supply information on actions taken or envisaged, as required under Article 7(2)(a)-(c) and (e) of the Convention, to prevent the potential occurrence of the worst forms of child labour and assist the removal and rehabilitation of children from the worst forms of child labour.
Paragraph 2, clause (d). Non-Kuwaiti children. The Committee, like the Committee on the Rights of the Child, remains concerned about the situation of non-Kuwaiti children in the country, especially Bedouins (included in the category of stateless persons) in Kuwait. The Committee notes the Government’s statement, in the report made under Convention No. 138 in 2003, that it will take into account the recommendation of the Committee on the adoption of suitable measures to protect the rights of Bedouins and migrant children who do not have Kuwaiti citizenship. The Committee accordingly requests the Government to provide information on the suitable measures envisaged or adopted to protect children who do not have Kuwaiti citizenship, including Bedouins, against the worst forms of child labour.
Article 8. The Committee notes that Kuwait is a member of Interpol, which helps cooperation between countries in the different regions, especially in the fight against trafficking of children. The Committee asks the Government to indicate any steps taken to assist other member States in giving effect to the provisions of the Convention through enhanced international cooperation and/or assistance, including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.
Part IV of the report form. The Committee notes the Government’s indication that no difficulties arise out of the implementation of the Convention. However the Committee had noted, in 1999, in its observation under Convention No. 81 that "the majority of the enterprises inspected in the field of occupational safety are in breach of the law, that employment accidents are very frequent and, in addition to the activities normally subject to the risk of employment accidents (construction work, building and transport), [employment accidents] affect another category of activities designated by the terms ‘social services’, ‘personal services’ or ‘community services’, in which 4,227 employment accidents occurred in 1996 and 2,991 in 1997, with an increase in the number of fatalities in 1997". The Committee would be grateful if the Government could provide a general appreciation of the manner in which the Convention is applied in Kuwait, including any practical difficulties encountered in the application of the Convention, or any factors which may have prevented or delayed actions against the worst forms of child labour.
Part V of the report form. The Committee notes the Government’s statement in its report that inspection reports shall be forwarded, as well as any studies or research available. The Committee would also be grateful if the Government could provide information on the worst forms of child labour, including, for example, copies or extracts from official documents, including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, and penal sanctions applied.
The Committee requests the Government to keep it informed of progress made in enacting or amending the legislation. In this regard, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.