Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes the Government’s report.

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. The Committee notes the Government’s information that no case of trafficking of children for labour and sexual exploitation was reported. However, the Committee reminds the Government that even where a worst form of child labour appears to be non-existent, the Convention requires the ratifying Members to take immediate and effective measures to prohibit this form of child labour. Therefore, the Committee once again 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. In its previous comments, the Committee had asked the Government to provide a copy of the legal texts authorizing recourse to forced labour in case of a national emergency, particularly section 12/3 of Act No. 22 of 1967 and sections 16, 17 and 18 of Act No. 65 of 1980 on general mobilization. The Committee had also 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 and had asked the Government to provide further information on this point. The Committee observes that the legal texts on general mobilization have not been provided to the Office with the Government’s report. Furthermore, it notes that the Government provides no information on the Labour and Penal Code provisions which prohibit and punish the use of forced and compulsory labour. Therefore, the Committee repeats its request to the Government to supply 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 with its next report. It also 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. In its previous comments, the Committee had noted 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 and that section 32 of the Army Act No. 32 of 1967 states that everyone appointed to serve in the army must be over 21 years of age. The Committee notes the Government’s indication that it will provide the Office with a copy of these legal texts.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously requested 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, and had asked the Government to provide a copy of these provisions. The Committee notes the Government’s indication that those provisions are Act No. 3 of 1983, which relates to young persons, and Ministerial Decree No. 148 of 2004, which relates to the employment of young persons. However, the Committee observes that these legal texts are not joined to the Government’s report. Accordingly, the Committee requests the Government to supply a copy of Act No. 3 of 1983 and of Ministerial Decree No. 148 of 2004.

Article 5. Monitoring mechanisms. 1. Labour inspection. In its previous comments, the Committee had noted the Government’s indication 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 recalled that the monitoring activity carried out by the relevant inspection authorities constitutes a measure to prevent the worst forms of child labour. It notes the Government’s information that it will provide 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. The Committee expresses the hope that the Office will receive those documents in the very near future.

2. Inter-ministerial anti-trafficking task force. In its previous comments, the Committee had noted that an inter-ministerial task force was established by the Government to coordinate anti-trafficking efforts. Noting the absence of information on this point, the Committee once again asks the Government to indicate how this task force contributes to the prevention and elimination of child trafficking. It also reiterates its request that the Government provide information on the functioning, powers and duties of this inter-ministerial task force.

Article 6. Programmes of action. Following its previous comments, the Committee notes the Government’s statement that there is no abuse of children in Kuwait and no case involving the sale or trafficking of children was reported. However, 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 ensure that such forms of child labour do not arise in the future. In this context, the Committee strongly encourages the Government to provide information on the steps envisaged, in consultation with the organizations of employers and workers concerned, and, taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not arise in Kuwait.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee had noted the low fine imposed on employers violating the provisions of Act No. 38 of 1964 and had invited the Government to provide information on the revision of the penalties provided by section 97 of that Act. It had also noted the Government’s information that there have been no new developments on revising those penalties and that there were no statistics on the number of penalties imposed in practice. The Committee takes note of the Government’s indication that section 134 of the new draft Labour Code revises the penalty and increases the amount of the fine imposed in case of infringements to the provisions of the Labour Code. The Committee once again expresses the firm hope that the Government will take the necessary measures to ensure that the draft Labour Code is adopted in the very near future. Furthermore, the Committee asks the Government to supply statistics on 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. Following its previous comments, the Committee takes note of the Government’s statement that it will provide the order which specifies that children who do not have Kuwaiti nationality (Bedoon children) shall be treated as Kuwaiti citizens with respect to free and compulsory education and that, therefore, no education fees shall apply, as soon as it becomes available. The Committee once again requests the Government to supply a copy of the Order, as well as information on the enrolment and drop-out rates in schools, including of Bedoon children, along with its next report.

Clause (d). Identifying and reaching out to children at special risk. Child migrant and domestic workers. With reference to its previous comments, the Committee notes the Government’s information that the Ministry of the Interior promulgated Order No. 640 of 1987, in which section 5(3) sets the minimum age for domestic work at 20 years of age. The Committee points out, however, that section 5(3) only applies to a legal relationship between employer and domestic worker, while the trafficking of persons is an activity that generally takes place in an illegal context. Moreover, the Committee 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. The 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 of 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. Consequently, the Committee once again asks the Government to provide information on the time-bound measures taken or envisaged to ensure that all children under 18 years working as domestic workers, especially migrant workers and trafficked persons, are protected from the worst forms of child labour.

Article 8. International cooperation and assistance. Noting the absence of information contained in the Government’s report, 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. Application of the Convention in practice. Noting the absence of information in the Government’s report, 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.

Considering that the Government has been referring to the draft Labour Law for a number of years and, given that Article 1 of the Convention obliges member States to take “immediate” measures, the Committee requests the Government to strengthen its efforts to ensure its adoption as a matter of urgency.