Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Kuwait (Ratification: 2000)

The Committee takes note of the Government’s first report, and requests it to supply further information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the Government has provided no information with regard to this Article, which requires each Member which ratifies this Convention to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee consequently asks the Government to provide a general overview of the measures taken to apply this Article.

Article 3. Worst forms of child labour. Clause (a). 1. Forced or compulsory labour. The Committee notes that article 42 of the Constitution provides that there is no forced labour except in the case specified by the law for national emergency and with just remuneration. The Committee recalls that Article 3(a) of the Convention prohibits all forms of slavery or practices similar to slavery, such as forced or compulsory labour, for every child under 18 years. The Committee asks the Government to provide information on the kind of national emergencies that justify the recourse to forced labour. It also asks the Government to provide a copy of the legal texts authorizing the recourse to forced labour in case of a national emergency.

2. Trafficking in children. The Committee notes the Government’s reply to the general observation under Convention No. 29 of 2000. The Government states therein that respecting the measures taken or contemplated to prevent, suppress and punish trafficking in persons for the purpose of exploitation, the provisions of the Labour Code and the Penal Code that prohibit and punish the use of forced or compulsory labour shall be implemented. The Committee recalls that, under Article 3(a) of the Convention, trafficking of children is considered as one of the worst forms of child labour. The Committee notes that there is no specific legal provision prohibiting the sale and trafficking of children under 18 years. The Committee asks the Government to indicate the provisions of the Labour Code and Penal Code that prohibit and punish the use of forced or compulsory labour. It also asks the Government to indicate the concrete results achieved through the implementation of these provisions, and in particular whether their implementation has resulted in deterring the trafficking of children.

3. Armed conflict. The Committee notes that article 158 of the Constitution provides that military service is regulated by law. It also observes that article 160 stipulates that mobilization, general or partial, is regulated by law. According to the Government’s statement in its report to the Committee on the Rights of the Child in 1996, Kuwaiti legislation provides that no one under 18 years of age is permitted to enlist in military service. The Government also indicated that section 2 of Legislative Decree No. 102 of 1980, concerning compulsory service in the regular armed forces and the reserve, stipulates that military service is compulsory for every male over 18 years of age. It further indicated to the Committee on the Rights of the Child that section 32 of the Army Act No. 32 of 1967 provides that everyone appointed to serve in the army must be over 21 years of age. The Committee recalls that according to Article 3(a) of the Convention, forced and compulsory recruitment of children under 18 years of age for use in armed conflict constitutes one of the worst form of child labour and shall therefore be prohibited for children under 18 years of age. The Committee consequently requests the Government to provide a copy of the legislation prohibiting forced or compulsory recruitment of children for use in armed conflict, in particular Decree No. 102 of 1980 on Compulsory Service and the Army Act No. 32 of 1967.

Clause (b). The use, procuring or offering of a child for prostitution or pornography. The Committee notes with interest the information provided by the Government in its report that Kuwait has taken several measures for the prevention of child sexual exploitation. In particular, it observes that sections 200 and 204 of the Penal Code prohibit the exploitation of child prostitution and pornography. It further notes that violations of these provisions carry heavy sanctions of imprisonment and fines. The Committee asks the Government to provide a copy of the Penal Code.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee notes the absence of information in the Government’s report on the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee recalls that, by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and sanctions envisaged. It also requests the Government to supply a copy of relevant legislation.

Clause (d). Hazardous work. The Committee notes the Government’s statement in its report that the Labour Law for the Public Sector and implementing Decrees, especially Decrees Nos. 25/75 and 18/73, include the provisions set forth in the Convention. It notes that section 198(c) of Act No. 38 of 1964 provides that juveniles aged 14 to 18 years may only be employed in industries and trades that are not dangerous and harmful to their health. However, the Committee also notes that according to sections 1 and 2 of Law No. 38 of 1964, provisions stated therein do not apply to self-employed workers (section 1), domestic servants and the like (section 2(e)) and workers employed for temporary work of no more than six months’ duration (section 2(d)). The Committee notes that the Government indicated in its report under Convention No. 138 that it intends to amend section 2(d) and (e) of Law No. 38 of 1964 to read as follows "the provisions of this law shall exclude from its scope domestic workers and other workers to whom other laws apply, as specified in such laws". The Committee requests the Government to indicate whether the amendments to paragraphs (d) and (e) of section 2 of Law No. 38 of 1964 will ensure that self-employed children, domestic servants and the like, and children employed for temporary work of no more than six months’ duration are protected against work which, by its nature or the circumstances in which it is carried out is likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes the Government’s indication in its report that section 1(1) of Order No. 18 of 1973 lists the types of employment in which adolescents younger than 18 years of age may not be employed. The Committee draws the Government’s attention to Paragraph 3 of Recommendation No. 190 which provides for a list of hazardous work to which special consideration shall be given. The Committee notes that work under water, at dangerous heights, in confined spaces and work in high temperatures as well as work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads is not laid down in Order No. 18 of 1973. The Committee asks the Government to indicate whether consideration was given to the types of hazardous work enumerated in Paragraph 3 of Recommendation No. 190 that are not covered by Order No. 18 of 1973, such as work under water, at dangerous heights, in confined spaces, and work in high temperatures. The Committee also asks the Government to communicate information on the consultations that were held with the organizations of employers and workers concerned.

Paragraph 2. Identification of hazardous work. The Committee notes the absence of information in the Government’s report on efforts made to identify where work that by its nature or the circumstances in which it is carried out is likely to harm the health, safety or morals of children exists. The Committee reminds the Government that according to Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken or envisaged to identify where hazardous work exists, in consultation with the organizations of employers and workers concerned.

Paragraph 3. Periodic examination of the list of hazardous work. The Committee observes that section 1 of Order No. 18 of 1973 lists industries in which the employment of minors is prohibited. It also notes that section 1(p) of Order No. 18 of 1973 states that children may not be employed for work involving the handling or use of lead, petrol, arsenic, phosphor or any substance listed in the table of occupational diseases established by Ministerial Order No. 17 issued on 21 August 1973. The Committee further notes that section 28 of Ministerial Order No. 43 of 1979 covers the types of work and operations that can cause the diseases mentioned in Order No. 17 of 1973 on occupational diseases, as well as the enterprises in which it is prohibited to employ adolescents as determined by Ministerial Order No. 18 of 1973. The Committee observes that the list given in Order No. 18 was established in 1973. It therefore recalls that Article 4, paragraph 3, of the Convention provides that the list of types of work determined as hazardous shall be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned. The Committee accordingly asks the Government to provide information on the measures taken or envisaged to examine and revise the list of hazardous work, where necessary, in the light of scientific and technical developments.

Article 5. Monitoring mechanisms. 1. The Committee notes the Government’s indication in its report that the Ministry of Social Affairs and Labour (Labour Inspection Department) in cooperation, in certain cases, with the Ministry of Interior and the Ministry of Trade, is responsible for monitoring the implementation of the national legislation giving effect to the Convention. The Committee asks the Government to provide information on the inspections carried out by the Labour Inspectorate regarding infringements of the national provisions giving effect to the Convention. It also asks the Government to supply reports or documents drafted by the Labour Inspectorate.

2. The Committee notes that the Government established an inter-ministerial task force to coordinate anti-trafficking efforts. The Committee requests the Government to indicate if the mandate of this inter-ministerial task force covers child trafficking. It also asks the Government to provide detailed information on the functioning, powers and duties of the inter-ministerial task force. The Committee requests the Government to indicate if consultations were held with the organizations of workers and employers in accordance with the provisions of this Article.

3. Furthermore, the Committee notes the Government’s statement in its report that a Higher Committee for the Family and Child was established by Decree No. 134/2000. Its tasks are to follow up measures taken relating to child and family and ensure their implementation. The Committee asks the Government to provide information on the activities undertaken by this Committee regarding the elimination of the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s statement in its report that, due to the absence of child labour in Kuwait, it does not need to design any special programmes to eliminate the worst forms of child labour. The Committee reminds the Government that even where the worst forms of child labour appear to be non-existent, the Convention requires ratifying member States to take measures to determine whether such forms of child labour exist and to ensure that they will not arise in the future. In this context, the Committee requests the Government to indicate what steps it envisages, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Kuwait.

Article 7, paragraph 1. Sanctions. The Committee notes the Government’s statement in its report that sections 200 to 204 of the Penal Code provide for sanctions of imprisonment for persons inciting or forcing children into pornography or prostitution. It also notes that section 97 of Act No. 38 of 1964 provides for a system of progressive sanctions in case of infringements of the provisions of the Act. The offender shall first be warned to stop the infraction. In case of non-compliance he/she is liable to a fine of three dinars for every worker employed on terms that contravene the provisions, and, should the violation(s) continue, the fine shall be increased to five dinars. The Committee’s understanding of this, in the light of the information contained in the Government’s report on the application of the Labour Inspection Convention, 1947 (No. 81), is that the amounts of the fines established when the Act was passed in 1964 have been revised, given that the report refers to fines of 100 and 200 dinars, respectively, for every worker employed on terms that contravene the provisions. Noting the low fine imposed on employers violating the provisions of Act No. 38 of 1964, the Committee recalls that under Article 7, paragraph 1, of the Convention, the Government shall take necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including appropriate penalties. The Committee notes that, according to the Government’s reply to the general observation under Convention No. 29 of 2000, the provisions of the Labour Code and the Penal Code prohibit and punish the use of forced or compulsory labour. The Committee requests the Government to provide information on sanctions applicable to the use of forced or compulsory labour. The Committee also invites the Government to provide information on the revision of penalties provided under section 97 of Act No. 38 of 1964 in cases of failure to apply the provisions of the Act concerning the worst forms of child labour, such as the prohibition to employ children aged 14 to 18 in industries and trade that are dangerous and harmful to their health (section 19(c) of Act No. 38 of 1964). It requests the Government to provide information on the type and number of sentences imposed in practice.

Paragraph 2. Time-bound measures. The Committee takes note of the absence of information in the Government’s report on the existence of time-bound and effective measures: (a) preventing the engagement of children in the worst forms of child labour; (b) providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration; (c) ensuring access to free basic education, and, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour; and (d) taking into account the special situation of girls. The Committee requests the Government to supply information on actions taken or envisaged, as required under Article 7(2)(a)-(c) and (e) of the Convention, to prevent the potential occurrence of the worst forms of child labour and assist the removal and rehabilitation of children from the worst forms of child labour.

Paragraph 2, clause (d). Non-Kuwaiti children. The Committee, like the Committee on the Rights of the Child, remains concerned about the situation of non-Kuwaiti children in the country, especially Bedouins (included in the category of stateless persons) in Kuwait. The Committee notes the Government’s statement, in the report made under Convention No. 138 in 2003, that it will take into account the recommendation of the Committee on the adoption of suitable measures to protect the rights of Bedouins and migrant children who do not have Kuwaiti citizenship. The Committee accordingly requests the Government to provide information on the suitable measures envisaged or adopted to protect children who do not have Kuwaiti citizenship, including Bedouins, against the worst forms of child labour.

Article 8. The Committee notes that Kuwait is a member of Interpol, which helps cooperation between countries in the different regions, especially in the fight against trafficking of children. The Committee asks the Government to indicate any steps taken to assist other member States in giving effect to the provisions of the Convention through enhanced international cooperation and/or assistance, including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

Part IV of the report form. The Committee notes the Government’s indication that no difficulties arise out of the implementation of the Convention. However the Committee had noted, in 1999, in its observation under Convention No. 81 that "the majority of the enterprises inspected in the field of occupational safety are in breach of the law, that employment accidents are very frequent and, in addition to the activities normally subject to the risk of employment accidents (construction work, building and transport), [employment accidents] affect another category of activities designated by the terms ‘social services’, ‘personal services’ or ‘community services’, in which 4,227 employment accidents occurred in 1996 and 2,991 in 1997, with an increase in the number of fatalities in 1997". The Committee would be grateful if the Government could provide a general appreciation of the manner in which the Convention is applied in Kuwait, including any practical difficulties encountered in the application of the Convention, or any factors which may have prevented or delayed actions against the worst forms of child labour.

Part V of the report form. The Committee notes the Government’s statement in its report that inspection reports shall be forwarded, as well as any studies or research available. The Committee would also be grateful if the Government could provide information on the worst forms of child labour, including, for example, copies or extracts from official documents, including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, and penal sanctions applied.

The Committee requests the Government to keep it informed of progress made in enacting or amending the legislation. In this regard, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.