Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee had previously noted that there are no specific legal provisions prohibiting the sale and trafficking of children under 18 years of age. It had also noted the Government’s information that, with regard to the prevention, suppression and punishment of trafficking 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 would be implemented. The Committee had asked 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. The Committee notes the absence of information in this regard in the Government’s report. The Committee recalls that, under Article 3(a) of the Convention, the sale and trafficking of children is considered as one of the worst forms of child labour, and that by virtue of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate measures to secure the prohibition of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to take the necessary measures to prohibit the sale and trafficking of children under 18 years of age for the purpose of labour and sexual exploitation.

2. Forced or compulsory labour. The Committee had previously noted that, according to article 42 of the Constitution, there is no forced labour except in the case specified by the law for national emergency and with just remuneration. The Committee had asked the Government to provide information on the kind of national emergencies that justify the recourse to forced labour. It had also asked the Government to provide a copy of the legal texts authorizing the recourse to forced labour in case of a national emergency. The Committee notes the Government’s statement that the nature of the national emergency justifies resorting to forced labour when the country is exposed to a situation that threatens security and public order in the country, on account of an armed aggression, even if it is imminent or due to internal conflicts. The Committee asks the Government to provide a copy of section 12/3 of Act No. 22 of 1967 and of sections 16, 17 and 18 of Act No. 65 of 1980 on general mobilization mentioned by the Government in its report.

The Committee had previously noted the Government’s reference to provisions of the Labour Code and Penal Code prohibiting and punishing the use of forced and compulsory labour. It had asked the Government to indicate which provisions of the Labour Code and of the Penal Code prohibit and punish the use of forced and compulsory labour. Noting the absence of information on this point, the Committee once again requests the Government to indicate the provisions of the Labour Code and of the Penal Code which prohibit forced and compulsory labour and to provide a copy of the relevant legislation.

3. Recruitment of children for use in armed conflict. The Committee had previously noted the Government’s indication that section 2 of Legislative Decree No. 102 of 1980, concerning compulsory service in the regular armed forces and the reserve, states that military service is compulsory for every male over 18 years of age. It had further noted that section 32 of Army Act No. 32 of 1967 states that everyone appointed to serve in the army must be over 21 years. The Committee once again requests the Government to supply a copy of Legislative Decree No. 102 of 1980 and Army Act No. 32 of 1967.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee had requested the Government to provide information on the 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 asked the Government to supply a copy of relevant legislation. The Committee notes the Government’s statement that there are no texts in this regard and, in such cases, the Penal Code applies. The Committee requests the Government to indicate which provisions of the Penal Code prohibit the use, procuring or offering of a child under 18 years for illicit activities, in particular for the production and trafficking of drugs. It also asks the Government to provide a copy of these provisions.

Clause (d). Hazardous work. The Committee had previously noted that, according to section 198(c) of Act No. 38 of 1964, juveniles aged 14 to 18 years may only be employed in industries and trades that are not dangerous and harmful to their health. The Committee notes that, according to Ministerial Decree No. 152 of 2004, children of both sexes aged less than 18 may not be employed in the following activities: (a) economic or industrial activities if these are harmful to their health, physical or mental safety, except for vocational training purposes and according to the terms and standards for training set out in section 20 of Act No. 38 of 1964; (b) as camel jockeys, or similar activities organized by the Kuwait Racing Club for camel races or any other body. The Committee takes note of this information.

Article 4, paragraph 1. Determination of hazardous work. Following its previous comments, the Committee notes the Government’s statement that section 1 of Ministerial Order No. 149 of 2004 - which repeals Order No. 18 of 1973 - provides for a comprehensive list of types of hazardous work prohibited for children under 18 years of age. The Committee notes with interest that this list includes: work in quarries and the asphalt industry, work with ionized radiation; petroleum and natural extraction; the manufacture and handling of insecticides; work in abattoirs and tanneries; the handling, operation or maintenance of moving machinery; work in cement factories; work requiring lifting, pulling or pushing of weights; work requiring the use of solvent compounds in cleaning mechanical parts; ice and cooling industries; occupations requiring climbing of poles or antennas exceeding five metres in height which could cause accidents; occupations for filling containers with compressed gases. The Committee notes the Government’s information that Order No. 149 of 2004 was adopted after consultation with the Chamber of Commerce and Industry and the Kuwait Trade Union Federation. The Committee takes due note of this information.

Article 4, paragraph 2. Identification and revision of hazardous work. With reference to its previous comments, the Committee reminds the Government that, by virtue of 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 work determined pursuant to Article 4, paragraph 1, exist. The Committee once again 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.

Article 4, paragraph 3. Periodic examination of the list of hazardous work. Following its previous comments, the Committee notes the Government’s statement that it is constantly undertaking consultations with the competent authorities, especially the Ministry of Health, to examine the list of types of hazardous work, and review it in light of the scientific and technical developments. This review resulted in the promulgation of Order No. 149 of 2004, repealing Order No. 18 of 1973.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee had previously asked the Government to provide information on the inspections carried out by the labour inspectors regarding the infringements of the national provisions giving effect to the Conventions. It had also asked the Government to supply reports or documents by the labour inspectorate. The Committee notes the Government’s statement that no information is available on the inspections undertaken by the labour inspectorate in view of the non-existence of child labour in Kuwait. The Committee recalls that the monitoring activity carried out by the relevant inspection authorities constitutes a measure to prevent the worst forms of child labour. The Committee accordingly encourages the Government to supply extracts of the inspection reports specifying the extent and nature of violations detected involving children under 18 years of age involved in the worst forms of child labour.

2. Interministerial anti-trafficking task force. In its previous comments, the Committee had noted that an interministerial task force was established by the Government to coordinate anti-trafficking efforts. The Committee asks the Government to indicate how this task force contributes to the prevention and elimination of child trafficking. It also requests the Government to provide information on the functioning, powers and duties of this interministerial task force.

3. Higher Committee for the Family and Child. Following its previous comments, the Committee notes the Government’s statement that no information is available on the activities of the Higher Committee for the Family and Child, established by Decree No. 134/2000. It asks the Government to provide information on the activities undertaken by the Committee for the Family and Child with regard to the elimination of the worst forms of child labour, as soon as this information becomes available.

Article 6. Programmes of action. With reference to its previous comments, the Committee notes the Government’s statement that there is currently no information on this point and any new developments will be communicated in the future. The Committee once again reminds the Government that, even where the worst forms of child labour appear to be non-existent, the Convention requires the 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 encourages the Government to provide information on the steps envisaged, in consultation with the organizations of workers and employers concerned 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. Penalties. The Committee had previously noted that sections 202 to 204 of the Penal Code establish penalties of imprisonment for breach of the provisions prohibiting the incitement or coercion of children into pornography or prostitution. The Committee had also noted the low fine imposed on employers violating the provisions of Act No. 38 of 1964. It had invited the Government to provide information on the revision of penalties provided by 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 types of hazardous work (section 19(c)). The Committee notes the Government’s information that there have been no developments on the penalties applied by virtue of section 97 of Act No. 38 of 1964. Besides, there are no statistics on the number of penalties imposed in practice. The Committee once again reminds the Government that, by virtue of Article 7, paragraph 1, of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of sufficiently effective and dissuasive penalties. The Committee once again requests the Government to provide information on the measures taken or envisaged to revise and increase the penalties provided for 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 under 18 in hazardous work. The Committee trusts that due consideration will be given to this point in enacting the draft labour law. Finally the Committee asks the Government to supply statistics of the number and nature of penalties imposed in practice as soon as they become available.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Bedoon children. Following its previous comments, the Committee notes the Government’s statement that it took a highly significant step in protecting children who do not have Kuwaiti nationality (Bedoon children) through the issuing of an order which specifies their treatment as Kuwaiti citizens with respect to free and compulsory education. No education fees shall apply. Considering that education contributes to the elimination of child labour, the Committee asks the Government to provide information on any relevant impact of the adoption of this Order in preventing Bedoon children from being engaged in the worst forms of child labour. The Committee asks the Government to supply a copy of the abovementioned order. It finally requests the Government to provide information on the enrolment and dropout rates in schools, including of Bedoon children.

Clause (d). Identifying and reaching out to children at special risk. Child migrant and domestic workers. The Committee notes that the Committee on the Rights of the Child, in its Concluding Observations of 1998 (CRC/C/15/Add.88, paragraph 18), expressed its concern at the discrimination towards young migrant workers. It also notes that, in its Concluding Observations of 2004 (E/C.12/1/Add.98, paragraphs 17-21), the Committee on Economic and Social and Cultural Rights expressed its concern at the situation of domestic workers, in particular migrant workers, who are excluded from the application of the Labour Code. This situation of these workers is not dissimilar to forced labour. In addition, according to the Committee of Economic and Social and Cultural Rights, the incidence of trafficking women and children has risen, including for the purpose of domestic work. Moreover, the Committee notes that, according to the information available at the Office, there were credible reports of foreign women and girls having migrated to Kuwait as domestic workers who are coerced into situations of debt bondage or involuntary servitude and that Kuwait is a destination country for children trafficked primarily from Bangladesh, India, Indonesia, Pakistan, the Philippines and Sri Lanka for the purpose of labour exploitation. According to this information, it is reported that domestic workers migrating to Kuwait are trafficked for sexual and labour exploitation. The Committee requests the Government to provide information on the time-bound measures taken or envisaged to ensure that children under 18 years working as domestic workers, especially migrant workers, are protected from the worst forms of child labour.

Article 8. International cooperation and assistance. The Committee notes the Government’s statement that no information on this Article is available at present and the Government will inform the Committee on any new developments in this regard. The Committee once again requests the Government to indicate, as soon as this information becomes available, any steps taken to assist other member States in giving effect to the Convention through enhanced international cooperation and assistance, including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

Parts IV and V of the report form. Following its previous comments, the Committee notes the Government’s statement that the application of the provisions of the Convention did not present any practical problems, as there is full cooperation between the Ministry of Social Affairs and Labour (the labour inspectorate) and the Ministries of Interior and Commerce in applying the provisions of the Convention. The Committee also notes the Government’s information that there are no statistics as requested and this information shall be communicated as soon as it is made available. The Committee once again requests the Government to supply, as soon as this information becomes available, copies or extracts from official documents including inspection reports, studies and inquiries and, where such statistics exist, information on the nature extent, and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.

The Committee notes the Government’s statement that it will keep the Committee informed on the progress made on the application of the Convention and the legislation enacted in order to put it into effect. It also notes that the Government will continue to solicit the necessary technical assistance if needed. The Committee takes note of this information and encourages the Government to strengthen its efforts in enacting the draft labour law.