Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Koweït (Ratification: 1966)

Autre commentaire sur C111

Observation

Demande directe

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Article 1 of the Convention. Migrant domestic workers. In its previous comment the Committee noted the adoption of the Domestic Workers Act No.68 of 2015 and asked the Government to provide information on: (1) the application in practice of Act No. 68 of 2015; (2) the functions of the Kuwait Home Helper Operating Company; and (3) the gaps regarding the effective protection of domestic workers from abuse, exploitation and violence emphasized by the Committee. The Government indicates that the Domestic Work Department (DWD) was established to deal with issues related to recruitment and placement. Pursuant to sections 31 to 38 of Law No. 68 of 2015, the DWD is mandated to settle disputes amicably. If a settlement is not reached, the dispute is to be referred to the competent court, where all domestic workers are exempt from judicial charges. According to section 37, the Head of the Labour Circuit is responsible for setting the date of the court hearing within one month of the case being filed. The Government also refers to the Council of Ministers’ Decision No. 652 of 2007 that provided for the establishment of a shelter for housing migrant workers, especially domestic workers, who have conflicts with their employers. The shelter provides numerous services, including medical and legal services. Regarding the Kuwait Home Helper Operating Company functions, the Committee notes that this online platform aims to facilitate the registration of potential domestic workers candidates as well as potential employers. The Committee notes that private recruitment agencies by virtue of Law No.68 of 2015 are in charge of recruiting migrant domestic workers. Law No. 68 of 2015 imposes financial sanctions and allows for the revocation of the recruitment license of an agency if recruitment fees are imposed on migrant domestic workers (section 25). The prohibition of charging recruitment fees is also stipulated under sections 4 and 8 of the Law. Regarding the gaps on the effective protection of domestic workers from abuse, exploitation and violence, including sexual harassment, the Committee notes the Government’s indication that following the transfer of the mandate of domestic workers to the Ministry of Social Affairs and Labour and the Public Authority of Manpower in 2015, this latter provides at no cost a lawyer to domestic workers, in collaboration with the national human rights organizations. The Ministry also addresses seriously sexual aggressions, and violations against a domestic worker by informing the aggrieved party of the procedures which need to be taken and facilitating access to a court. The Committee also notes the number of complaints (2,434) submitted to the Department for the recruitment of domestic workers between April-June 2019 without indicating the grounds for these complaints. The Committee further observes that, in its 2017 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed its concern about the “legal gaps in Act No. 68 of 2015 regarding the effective protection of domestic workers from abuse, exploitation and violence, including: the lack of labour inspection mechanisms; weak penalties imposed on labour recruitment firms for abusive practices […] as well as the fact that women migrant workers remain vulnerable to abuse, sexual harassment and forced labour” (CEDAW/C/KWT/CO/5, 22 November 2017, paragraph 36). The Committee asks the Government to take the necessary measures, in cooperation with the social partners, to ensure genuine protection for migrant domestic workers, in law and practice, against direct and indirect discrimination on all of the grounds set out in the Convention, in particular against sexual harassment, and in all areas of their employment. The Committee also asks the Government to continue to provide information regarding the number and nature of claims of discrimination in employment and occupation, including sexual harassment, brought by migrant domestic workers to the Department for the recruitment of domestic workers and the Public Authority of Manpower and how they have been addressed.

Article 2. Promotion of equality of opportunity and treatment for men and women. In its previous comment, the Committee requested the Government to: (1) adopt proactive measures to improve women’s ability to access employment on an equal footing with men; (2) identify the percentage of women in the military and provide statistics on the ratio of women in top military ranks; (3) specify the number of women in leadership positions within the Ministry of the Interior and the police force; (4) clarify whether women and men police officers perform the same functions and tasks; and (5) provide information on the steps taken or envisaged to address horizontal and vertical segregation in the labour market. In its reply, the Government indicates that Kuwaiti women have proved their success in all areas of employment and that their presence and role proved to be extremely useful and important on sensitive issues. There are women engineers who manage among the most important projects in the country. Further, women work as security guards in the Majlis Al Ummah which recently accepted a few women volunteers who undertook studies for one year at the Women’s Police, which is affiliated to the Saad Al-Abdullah Academy for Security Sciences, and who graduated as lieutenants and as assistant officers. Furthermore, the Ministry of Interior includes increasing numbers of women who work in many security units, which are affiliated to the Ministry. The tasks carried out by women in the Ministry of Interior, in addition to the allowances, salaries and bonuses, which they receive, as well as promotions obtained and holidays, are the same as those enjoyed by men. There are also female doctors who are officers in the criminal security department, and whose specialization serves criminal matters. There is no specific percentage of women in the army: at present, there are no women in top military ranks because women have only had access to the army recently. Top positions are not restricted to men but also include women if they meet the position’s requirements, such as years of service and promotion. Officers in the Ministry of Interior carry out the same tasks and duties as those performed by police officers except for the duration of work which ends at 9 p.m. This latter exemption is to safeguard and protect women. Moreover, women are granted maternity leave of 70 days at full pay and an additional leave period at half pay in accordance with the National Military Service Law No.20 of 2015. The Committee notes that the Government does not provide any statistical data in support of its indications that would allow the Committee to monitor progress, nor does it provide information on the measures taken in order to address horizontal and vertical segregation in the labour market. In this regard, the Committee notes that, in the Global Gender Gap Report 2020 of the World Economic Forum, Kuwait is ranked 122 out of 153 countries examined for the economic participation and opportunity for women. The labour force participation rate reaches 58.8 per cent for women compared to 86 per cent for men. In managerial and senior positions, women comprise 13.6 per cent, as compared to 86.5 per cent for men. The Committee recalls that effectively responding to the complex realities and variety of ways in which discrimination occurs requires the adoption of differentiated measures. Proactive measures are required to address the underlying causes of discrimination and de facto inequalities resulting from discrimination deeply entrenched in traditional and societal values (see 2012 General Survey on the fundamental Conventions, paragraph 856). The Committee asks the Government to provide information on: (i) measures taken to ensure that women are provided, in practice, with equal access to non-traditional career paths mainly male dominated; and (ii) steps taken or envisaged to address horizontal (confining women to certain activity sectors and certain occupations, often poorly paid and with no career development perspectives) and vertical (confining women to subordinate posts) in the labour market. The Committee asks the Government to provide statistical information on the participation of men and women in the labour market by sectors, in order to observe any trends over time, including statistical data on the percentage of women in sectors traditionally occupied by men (for example, Ministry of Interior, police forces, fire police, national guards, etc.) and the ratio of women in leadership positions in those sectors.

Statistics. Noting the lack of statistical information in the Government’s report, in particular on the number and proportion of women in the labour force, in both the private and public sectors, the Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and to make any necessary adjustments. Therefore, the Committee calls on the Government to collect and analyse relevant data, including comparable statistics to enable an accurate assessment of changes over time (see 2012 General Survey, paragraph 891). The Committee requests the Government to provide up-to-date data, disaggregated by sex, on the distribution of men and women at all levels of the public and private sector. The Committee reminds the Government of the possibility of availing itself of ILO technical assistance in this regard.