Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Kuwait (Ratification: 1961)

The Committee notes the information supplied by the Government in its reports as well as the information provided by a Government representative to the Conference Committee in June 1996, indicating that draft legislation (Bill) to amend or repeal certain provisions of the Labour Code (Act No. 38 of 1964), in order to bring it into conformity with the Convention, has been submitted to, and approved by, the Council of Ministers and is currently undergoing other procedures.

While noting with interest that this Bill, which was drawn up with ILO technical assistance, removes certain restrictions on freedom of association contained in current legislation, the Committee observes that divergencies still remain between the Bill and the Convention on the following points:

- the requirement of at least ten Kuwaiti employers to form an association (section 101);

- the requirement that at least 15 founder members must be Kuwaiti in order to establish a trade union (subsection 102(1));

- the requirement that a certificate of good conduct be obtained by each founder member from the Ministry of Interior before a trade union may be established (section 103(e));

- the reversion of trade union assets to the Ministry of Social Affairs and Labour in the event of dissolution (section 110).

The Committee would request the Government to take the appropriate steps shortly, and in any event before the adoption of the draft legislation in order to ensure that the above-mentioned provisions, which have been the subject of the Committee's comments for several years, are brought into line with the requirements of the Convention.

Furthermore, the Committee notes the Government's statement that section 2 of the Labour Code concerning the exclusion of certain categories of workers from the scope of the Code has been repealed and replaced by a draft text which is contained in the Bill. The Government adds that section 12 of the Bill takes into account the Committee's previous observations on sections 71, 72, 73, 74, 79, 80 and 86 of the Labour Code.

The Committee requests the Government to provide a copy of the draft texts that replace sections 2, 71, 72, 73, 74, 79, 80 and 86 of the Labour Code along with its next report. It would further request the Government to indicate in its next report whether the Bill, which it hopes will be adopted shortly, amends or repeals section 88 of the Labour Code concerning restrictions on the free exercise of the right to strike.