Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Abolition of Forced Labour Convention, 1957 (No. 105) - Kuwait (Ratification: 1961)

1. Article 1(a) of the Convention. Under Legislative Decree No. 65 of 1979 respecting public meetings and gatherings a system of prior authorisation is established, providing for the penalty of imprisonment (involving the obligation to work by virtue of the Penal Code) for non-compliance. The Committee has observed that under section 6 of the Decree, authorisation may be tacitly refused without giving reasons, and appeals against a refusal can be lodged only with the Minister of the Interior, whose decision shall be final. The Committee notes the Government's statement that the rules of law established by the State in different areas in the form of laws, decrees, orders, or regulations, respond to the need for public order; infractions of these provisions are punishable by a penalty so as to ensure their strict and effective application. This system is based on the sovereign right of States to govern within their territory. In the Government's opinion asking for the amendment of these rules of law represents an incursion into the internal affairs of the country; such a request is therefore not permissible and must be rejected.

The Committee takes note of the Government's indications. It must point out that in ratifying the Convention, the Government has undertaken to suppress, in its internal law, any sanctions involving compulsory labour, which would be imposed as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. As the Committee pointed out in paragraphs 138 and 139 of its 1979 General Survey on the Abolition of Forced Labour, observance of the Convention is in jeopardy where the Government may prohibit, subject to sanctions involving compulsory labour, specified persons from attending or addressing meetings or gatherings or generally from taking part in any political activities. Since opinions and views ideologically opposed to the established system are often expressed at various kinds of meetings, the prohibition of specific categories of meetings may give rise to political coercion involving sanctions contrary to the Convention.

The Committee has previously noted the Government's indications that there have been no recorded cases of denial of authorisation to hold a public meeting, it therefore hopes that on an appropriate occasion, it will be possible to bring Legislative Decree No. 65 of 1979 into conformity with practice as well as the Convention, and that the Government will indicate the action taken. Pending amendment of the Decree, the Committee requests the Government to continue to supply information on the practical application of section 5, including the number of cases in which authorisation was requested and granted and those in which it was refused, as well as sections 16 to 18 and 20 of the Decree, including the number of convictions made thereunder and copies of relevant court decisions.

2. Article 1(c). In previous comments the Committee noted that under Legislative Decree No. 31 of 1980 regarding security, order and discipline on board ship, certain breaches of discipline (including unauthorised absence, repeated disobedience or failure to return to the vessel) committed by common agreement by three persons may be punished by imprisonment including the obligation to perform work. The Committee has observed that penalties inflicted as labour discipline or punishment for having participated in a strike involving acts endangering the safety of the vessel or the life or health of the persons on board do not come within the scope of the Convention. Sections 11, 12 and 13 of the Decree do not, however, limit the application of punishment involving compulsory labour to cases which endanger the safety of the vessel or the life or health of the persons on board. The Committee accordingly again requests the Government to re-examine Legislative Decree No. 31 of 1980 in the light of the Convention and the Committee's comments in paragraphs 117 and 125 of the 1979 General Survey on the Abolition of Forced Labour, and to indicate in its next report any measures taken or under consideration to bring the legislation on merchant shipping into conformity with the Convention on this point.