Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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. Cybercrime law. The Committee notes the following provisions of the Cybercrime Law No. 63 of 2015, which appear to be drafted in such a manner that could lead to the imposition of penal sanctions involving compulsory prison labour (by virtue of section 63 of the Penal Code, hard labour is imposed on persons convicted to at least six months of imprisonment) for expressing political views opposed the established political and social order:

–section 4 (4) which provides for a penalty of up to two years of imprisonment for setting up a site, posting, producing, preparing, sending or storing information or data with the purpose of exploitation, distribution, or sharing with other parties through the IT network or IT means, when the aim is to disrupt public morals;
–section 7, according to which any person, who, through the IT network or using any IT means, commits one of the acts specified in section 28 of the Law on the Press and Publications (namely instigation to overthrow the ruling regime and change the system through illegal means, or to adopt doctrines which aim at destroying the basic regulation of Kuwait through illegal means) shall be liable to a punishment of imprisonment of up to 10 years.

The Committee further observes that in its 2016 concluding observations, the United Nations Human Rights Committee expressed its concern at the Cybercrime Law, which in its opinion appears to curb the right to freedom of expression and opinion and extend State control and restrictions on Internet-based expressions (A/HRC/WG.6/35/KWT/2, para. 31). The Committee recalls in this respect that Article 1(a) of the Convention protects persons who express political views or views ideologically opposed to the established political, economic, social, or economic system by establishing that in the context of these activities they cannot be punished by sanctions involving an obligation to work. This also applies in relation to views expressed through the media, including digital social media.

In order to better assess the scope of the above-mentioned provisions and their bearing on the application of the Convention, the Committee requests the Government to provide information on the application in practice of sections 4 and 7 of the Cybercrime law of 2015 by the judiciary, including information on the legal proceedings initiated and the fact giving rise to them, as well as the convictions and sanctions imposed.