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

Forced Labour Convention, 1930 (No. 29) - Kuwait (Ratification: 1968)

Other comments on C029

Observation

Direct Request

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Articles 1(1) and 2(1) of the Convention. Freedom of career members of the armed forces to leave their service. In reply to the Committee’s previous request on the rules applicable to the resignation of career members of the armed forces, the Committee takes due note that the Government refers to the adoption of the Ministerial Decision No. 283 of 2018 containing the rules governing the service of non/commissioned officers and members of the armed forces. The Government indicates that, according to section 151 of that Ministerial Decision, members of the armed forced are entitled to submit a request to end their service based on the following conditions: (i) a resignation shall be in writing and free from any restriction or condition; (ii) the person concerned should have spent at least five years in effective service and not be under arrest or investigation or involved in a criminal or disciplinary proceeding until a final decision has been taken thereon; (iii) the resignation shall not be submitted during a war, armed operations, marital law, general mobilization, or during the execution of a penal or disciplinary sanction imposed on the person concerned; (iv) the person shall not be absent from work; and v) there should not be financial commitments in relation to sabbatical leave, scholarly holidays or a training session. The Committee requests the Government to provide information on the number of requests to end service submitted by career members of the armed forces, indicating how many of these requests have been accepted or denied (in case of denial please indicate the reasons for that decision).

Articles 1(1), 2(1) and 25. Trafficking in persons. The Committee previously noted the Law No. 91 of 2013 on Trafficking in Persons and Smuggling of Migrants and requested the Government to provide information on its implementation, in particular in relation to the protection of victims and the prosecution of perpetrators. The Committee notes that the Government indicates that to ensure the effective application of the anti-trafficking legislation, a national strategy to combat trafficking in persons and the smuggling of migrant workers was approved in February 2018 based on three pillars: (i) prevention, (ii) protection, and (iii) partnerships. The implementation of the strategy is under the responsibility of a National Committee under the Ministry of Justice.

In relation to the application of the Law No. 91 of 2013, the Government indicates that 23 cases of trafficking in persons were decided by courts in 2019, 42 cases in 2020, and 54 cases in 2021. The penalties imposed on perpetrators varied from imprisonment from one year to 20 years. The Committee notes the creation of a national referral system which includes six phases: (i) identification of victims of trafficking in persons; (ii) notification, referral, and certification of trafficked victims; (iii) investigation and litigation; iv) protection and assistance; v) voluntary return of victims; and (vi) reintegration. The Government indicates that it has implemented measures to strengthen the skills of national enforcement bodies to combat trafficking in persons. Since the adoption of the referral system in December 2019, public prosecutors have investigated 85 cases of trafficking in persons involving 240 accused persons and 541 victims. In all cases, the prosecution has ended with sentences convicting accused persons.

The Committee further notes the Government’s indication that victims of trafficking in persons are well treated and being informed that they are not being accused nor being held accountable. They are kept in a safe place (in the shelter centre of migrant workers which belongs to the Public Authority for Manpower) and provided medical care.

The Committee requests the Government to continue taking measures to prevent and combat trafficking in persons, and to provide information on the implementation of the national strategy, including on the difficulties encountered and the results achieved, as well as on any evaluation carried out in this respect. The Committee also requests the Government to continue to provide information on the measures taken to identify and investigate trafficking cases, both for labour and sexual exploitation, including measures to strengthen the capacities of law enforcement bodies in this regard. Finally, it requests the Government to provide detailed information on the measures taken to provide assistance and protection to victims of trafficking in persons, indicating the number of victims who have been identified, rehabilitated and returned to their home countries.