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

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

1. Article 1(a) of the Convention. For over ten years, the Committee has been referring in its comments to Legislative Decree No. 65 of 1979 respecting public meetings and gatherings, which establishes a system of prior authorization and, in the event of violations, provides for a penalty of imprisonment which involves, by virtue of the Penal Code, the obligation to work. The Committee noted that under section 6 of the above Decree, such authorization may be refused without giving reasons and that appeals against such refusal can be lodged only with the Minister of the Interior, whose decision is final. The Committee requests the Government to supply information on the application in practice of the provisions of Legislative Decree No. 65 of 1979, including the number of convictions for violations of these provisions and copies of court decisions that define or illustrate their scope, and to take the necessary measures to bring the above Decree into conformity with the Convention.

The Committee noted the Government's reiterated statement that the rules of law established by the State to assure public order are based on the sovereign right of States and that asking for the amendment of these rules represents an interference in the internal affairs of the country.

The Committee has noted on several occasions the importance for the effective observance of the Convention of legal guarantees respecting the right of assembly and the direct bearing that a restriction of this right can have on the application of the Convention. Indeed, it is often through the exercise of this right that political opposition to the established order can be expressed, and in ratifying the Convention the State has undertaken to guarantee persons who manifest this opposition in a peaceful manner the protection that the Convention affords them.

In its latest report, the Government states that the Constitution guarantees to individuals the right to hold private meetings without prior authorization and that public meetings which are peaceful and not contrary to morals are permitted under the conditions specified by the law, namely authorization from the governor of the district, which is subject to the requirements of public security. The Committee notes that this matter has been the subject of its comments for more than ten years and requests the Government to take the necessary measures to ensure observance of the Convention on this point.

2. In the comments that it has been making for more than ten years, the Committee has referred to Legislative Decree No. 31 of 1980 respecting security, order and discipline on board ship, under the terms of which certain breaches of discipline (unauthorized absence, repeated disobedience, failure to return to the vessel) committed by common agreement by three persons may be punished by imprisonment including the obligation to work.

The Committee noted that penalties imposed for violations of labour discipline or punishment for having participated in a strike do not come within the scope of the Convention where such acts endanger the safety of the vessel or the life or safety of the persons on board, but that sections 11, 12 and 13 of Legislative Decree No. 31 of 1980 do not limit the application of the penalties involved to such acts.

The Committee requested to Government to re-examine Legislative Decree No. 31 of 1980 in the light of the Convention and to indicate the measures taken to bring the legislation on merchant shipping into conformity with the Convention.

In its latest report, the Government refers to the need to be able to grant the captain of a vessel the necessary powers to maintain discipline and safety on board.

The Committee requests the Government to take the necessary measures to amend Legislative Decree No. 31 of 1980 in order to limit the imposition of penalties involving forced labour to cases in which the violations committed constitute a danger for the life or safety of the persons on board and to provide information on the progress achieved in this respect.