Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes the Government’s report and requests the Government to reply to the following points.

1. The Committee notes that the draft Labour Code has been submitted to the Council of Ministers for referral to the legislative authority for approval. Hoping that the draft contains provisions to implement the Convention, the Committee asks the Government to keep it informed of the progress made in the adoption of the draft Labour Code and to supply a copy of the text as adopted.

2. Discrimination on the basis of national extraction. The Committee notes that the Government continues to address the situation of stateless persons or residents without nationality (bidoons). It notes in particular that Decree No. 426/I/11, issued by the Council of Ministers on 27 June 1999 contains modalities and criteria for the regularization of the legal situation of such persons. The Committee also notes the statistical information submitted by the Government according to which out of the 62,906 stateless persons registered with the Executive Committee, 23,464 are employed in the private sector, 8,963 are government employees, and 30,469 are students. Recalling that the fact of being a resident without papers has negative effects on the training and employment potential of these persons, as well as their conditions of employment, the Committee requests the Government to continue to provide information on the progress made in regularizing the situation of bidoons, including information on any new legislative or/and administrative measures taken or envisaged. In respect to the statistical information provided, the Government is invited to clarify whether registration with the Executive Committee means that a particular case has been finally settled, i.e. that these persons have been either naturalized or have been granted a residence permit. The Government is also requested to indicate the overall number of cases settled to date and the number of bidoons whose situation has not yet been addressed. In addition, the Committee reiterates its request to the Government to supply information concerning the participation of Bedouins in the Kuwaiti labour market, both quantitatively and qualitatively.

3. Discrimination on the basis of sex. The Committee notes the Government’s statement that there are no restrictions to the right of women to access occupations of their own choice and that women equally participate in training. According to the Government there was no need to organize awareness-raising activities, as the principle of equality of opportunity for men and women was already recognized in the labour market. The Committee recalls that it is difficult to accept statements to the effect that equality in employment and occupation has been fully achieved, in particular when no details are given on the content and methods of promoting and implementing the national policy on equal opportunity and treatment nor on the situation of men and women in employment. It also recalls the importance of continuing to assess and take action as the promotion of equality does not aim at a stable situation that may be attained once and for all, but rather requires a permanent process (see General Survey on the Convention of 1988, paragraph 240). Noting from the Government’s report that for the time being no statistical information on the situation of Kuwaiti men and women in the labour market is available, the Committee requests the Government to make every effort to collect, analyse and forward such information, including statistical data on the access of men and women to the various branches of occupational and technical training and statistics, the distribution of men and women in the various sectors, and occupations and post in the public and private sector. The Committee also reiterates its request to the Government to provide detailed information on specific measures or programmes that have been set up to promote women’s access to training, employment and occupations of their choice, including measures to foster public understanding and acceptance of the principles of non-discrimination.

4. In respect to the access of women to judicial careers, and in particular to posts as judges who sit in court, the Committee notes that the Government once again states that there are no legal texts impeding women from becoming judges, but that it is rather due to existing traditions and customs in Kuwaiti society that women are under-represented in these professions. The Committee once again recalls the importance that the provisions of the Convention are fully and strictly applied not only at the legislative and regulatory level, but also, and particularly, in practice. Drawing the Government’s attention to Article 3(b) and (d), of the Convention, the Committee again emphasizes the special responsibility of the State concerning the effective pursuit of a policy of equality of opportunity and treatment in respect to employment under its control. Noting that the Government does not provide any new information on this matter, the Committee is bound to reiterate its request to the Government to indicate whether it envisages examining the issue to remove the restrictions in practice to the access of women to posts as judges who sit in court, and to promote women’s access to judicial careers in general.

5. Discrimination on the basis of race. The Committee notes the Government’s statement that in Kuwait there is no discrimination based on race in regard to training and access to employment and occupation. Having in mind the diverse composition of the Kuwaiti labour force, the Committee observes that wherever human beings from different ethnic or racial background live and work together, special attention is warranted to ensure that no person is subjected to discrimination and unequal treatment in employment and occupation on the ground of race and colour. The Committee therefore requests the Government once again to submit in its next report indications as to the status of the legislative proposals to add two sections to the Kuwaiti Penal Code (prohibiting incitement to racial discrimination and making it punishable for public officials not to respect racial equality) and to provide information on any other measures taken or envisaged to prevent discrimination based on race, colour, national extraction or religion in regard to employment and occupation.

6. As regards the protection of domestic workers, the majority of which are women, from discrimination and unequal treatment on the basis of sex and race, the Committee notes the Government’s statement that such protection is provided for under Decree No. 40 of 1992 on the regulation of domestic service agencies. The Committee notes that this Decree generally regulates the establishment of domestic service agencies and prohibits that such agencies demand any commission payments from domestic workers. While the Committee recognizes that regulating the operation of employment agencies is one element of providing protection to domestic workers from exploitation, it observes that Decree No. 40 of 1992 does not appear to cover the relationship between domestic workers and their actual employers, with a view to prohibiting and preventing discrimination in regard to conditions of work (payment of wages, duration of work, etc.). Recalling the exclusion of domestic workers from the Labour Code, the Committee requests the Government to indicate how the Convention is applied to domestic workers in law and practice. The Committee reiterates its request to the Government to supply information on the activities of the authorities responsible for regulating the conditions of employment of domestic workers, and indicate the number and nature of allegations of infringements of labour legislation applicable to domestic workers which are made each year, and the measures taken to punish the offenders and compensate the victims for the damages suffered.