Demande directe (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

1. Further to its previous comments on the employment situation of stateless persons in regard to possible discrimination on the ground of national extraction, the Committee notes the report of the Commission on Human Rights Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance on his mission to Kuwait (UN Document E/CN.4/1997/71/Add.2 of 14 January 1997). In his report, the Special Rapporteur concludes that: (a) the question of the "Bedoun", who until very recent years had made up the majority of the Kuwaiti armed forces should be settled once and for all in an equitable and humane fashion, and that they should be guaranteed access to social services; and (b) legislation and a uniform labour code, in conformity with international Conventions, should be adopted and its application enforced with the continuing cooperation with the ILO which provided technical assistance for the preparation of the draft code. The Committee requests the Government to provide information on measures taken or contemplated to implement the Special Rapporteur's recommendations.

2. The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters concerning discrimination on the grounds of sex raised in its previous request, which read as follows:

1. The Committee already noted in a previous comment that, although the Constitution enshrines the equality of all in rights and duties before the law without distinction as to race, origin, language or religion, in practice there are no women judges. The Committee notes that the Government justifies the affirmation of its will to develop a policy of non-discrimination based on sex, on the one hand, by citing article 29 of the Constitution and, on the other hand, by referring to its ratification, by a 1994 Order, of the International Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). However, an official translation of the Constitution, available in the ILO, gives the term "djins" used in above-mentioned constitutional article 29 the meaning of "race", and, moreover, the Committee notes that the ratification mentioned by the Government does not concern CEDAW, but appears to be that of the International Convention against All Forms of Racial Discrimination. The Government is asked to specify, in its next report, the meaning of the term "djins" so that the Committee is able to evaluate the application of the principle of the Convention.

2. In regard to the specific point of women's access to office in the judiciary, the Government stresses that it is not because of discriminatory legislation but because of tradition and custom firmly entrenched in society that women show no interest in the judiciary professions as such and prefer to hold positions as assistants to the magistrature. In this respect, the Commission reminds the Government that Article 3(b), (c) and (d) of the Convention implies the obligation to enact legislation, promote educational programmes calculated to secure the acceptance and observance of the policy of equality of opportunity and treatment in employment and occupation, to modify any provisions and administrative practices which are inconsistent with this policy and to pursue the policy in respect of employment under the direct control of a national authority. Under (e) of the same Article, ratification of the Convention also obliges a State to ensure observance of the policy in the activities of vocational guidance and placement services under the direction of a national authority. While recalling that under this Article the above-mentioned obligations must be carried out by methods appropriate to national conditions and practice, the Committee expresses the hope that the Government will continue to endeavour to institute the measures necessary for the non-discrimination policy set out in article 29 of the Constitution, that it will indicate in its next report how it intends to ensure that national legislation and practice advocate the principle of equality embodied in the Convention, and that it will keep the Office informed of all positive measures already taken in this regard, and of their results.

3. The Committee notes the statistical table showing the distribution by sex and type of institution of those who have gained educational and vocational training qualifications over the past 12 years. It notes a constant increase in the number of women as compared with the number of men. It would be grateful if the Government would supplement this information in order to allow it to better assess the amount of progress made in regard to diversification of education provided for girls and women, as compared with the situation prevailing hitherto, by indicating the branches of education and vocational training covered in the table.

4. Further to its previous comments on the situation of stateless persons in regard to possible discrimination on the grounds of national extraction, the Committee notes the important information contained in the Government's report to the effect that a committee has been set up by a decision of the Council of Ministers in order to examine, case by case, the possibility of granting Kuwaiti nationality. The Committee would be grateful if the Government would keep the ILO informed of any development in this matter and requests it, once again, to supply in its next report precise information on the concrete measures taken in practice, on the one hand, to eradicate any discrimination against this category of people on the ground of national extraction and, on the other hand, to encourage their access to vocational training and employment, as well as information on their working conditions. Please provide in particular statistical data on educational opportunities open to them and on the positions they hold in the public and private sectors.