Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Kuwait (Ratification: 1966)

Article 1 of the Convention. Legal protection against discrimination in employment and occupation. The Committee notes the Government’s intention to insert a provision in the draft Labour Code, which is still before the Council of Ministers, expressly prohibiting direct and indirect discrimination. The Committee hopes that the new Labour Code, once adopted, will include such a provision and requests the Government to keep it informed on the progress made in this regard.

The Committee further notes that the Government’s report does not contain a reply to its previous comments. It hopes that in its next report, the Government will include full information on the matters raised in its previous direct request, which read in relevant parts as follows.

1. Discrimination on the basis of national extraction. With regard to the situation of stateless persons or residents without nationality in Kuwait (commonly referred to as “Bidoons”), the Committee notes the Government’s indication that 11,076 of these individuals were given Kuwaiti nationality and a further 22,657 were granted legal residence upon obtaining passports from their countries of origin. The Committee welcomes the continued efforts of the Government to regularize the situation of stateless persons while pointing out that individuals who have been regularized, in addition to residents who remain stateless, may face difficulties in employment and training on account of their national extraction. The Government states in its report that discrimination on the basis of national extraction does not exist in Kuwait and that residents without nationality in fact work freely without any obstacles. The Government does not, however, provide support for these statements by presenting specific details on the employment situation of such workers (both regularized and non-regularized residents) or on the existence of measures to ensure that discrimination on the basis of national extraction does not occur in practice. The Committee hopes, therefore, that the Government will be in a position to supply such information, including statistics on the participation of this group in the Kuwaiti labour market, including information on the sectors or branches of work in which they are concentrated.

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4. Equal access of women to vocational training, employment and occupation. The Committee notes that, in reply to its previous request for information on specific measures to promote women’s access to training, employment and occupations of their choice, the Government merely repeats its previous statement that the principle of equality between men and women is recognized de facto and that therefore there is no need for such measures. The Committee recalls that, without further details on the specific situation of men and women in the Kuwaiti labour market as regards their access to employment, vocational training and conditions of work, it is difficult to assess whether the Convention is effectively applied. The Committee also wishes to recall the importance of continuing to assess and take action, as the promotion of equality does not aim at a stable situation that may be attained once and for all, but rather requires a permanent process (General Survey of 1988, paragraph 240). Noting the Government’s statement that it will transmit statistical information on the access of men and women to the different branches of vocational and technical training, and the statistics on the distribution of men and women in the various sectors, occupations and positions in the public and private sectors, the Committee trusts that the Government’s next report will contain full information on this point.

5. The Committee notes from the Government’s report under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) that marriage is one of the factors that has a bearing on determining female labour participation, as married women shoulder domestic burdens and the responsibility of husband and children. Women therefore prefer to remain free to attend to family matters (CEDAW/C/KWT/1-2, page 29). The Committee wishes to point out that certain stereotypical attitudes and perceptions about the roles and responsibilities of women and men with respect to domestic burdens and the caring for children and other family members are important social factors constituting obstacles to women’s entry into the formal labour market. With a view to promoting the application of the Convention, it is also important that measures be taken to address such stereotypes and to foster public understanding of the need for a more equitable sharing between men and women of family responsibilities. The Committee therefore requests the Government to indicate the specific measures taken or envisaged to combat any remaining stereotypes about women’s place in the family and employment, to promote the access of women into occupations of their choice, including higher graded positions, and to assist them in reconciling their work and family responsibilities.

6. Sexual harassment. Discrimination based on sex. In the absence of any information on this point, the Committee recalls its general observation of 2002 concerning sexual harassment, and requests the Government to indicate, in its next report, the measures taken to prevent and combat (both quid pro quo and hostile environment) sexual harassment in the employment and occupation.