Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Article 1(a) of the Convention. Punishment for expressing political views. The Committee previously noted that Legislative Decree No. 65 of 1979, which imposed certain restrictions on the organization of public meetings and gatherings enforceable with penalties of imprisonment (involving compulsory prison labour), was declared unconstitutional by the Constitutional Court in 2006. It also noted that a new law concerning public meetings and gatherings was drafted in 2008. While noting the Government’s indication that the new law concerning public meetings and gatherings is still in the draft form, the Committee hopes that this law will soon be adopted and that the Government will communicate a copy for the examination by the Committee.

Article 1(c) and (d). Disciplinary measures applicable to seafarers. For many years, the Committee has been referring to certain provisions of Legislative Decree No. 31 of 1980 regarding security, order and discipline on board ship, under which various 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 (involving compulsory prison labour). The Committee recalls 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 if the acts endanger the safety of the vessel or the life or health of persons. The Committee notes that sections 11, 12 and 13 of the Legislative Decree do not appear to limit the application of the penalties to such acts.

The Committee notes the Government’s indication in the report that no penalties have been imposed under Legislative Decree No. 31 of 1980 and no violations of its provisions have been committed. The Government also undertakes to communicate information on any measures taken with regard to the above Legislative Decree. While noting these indications, the Committee expresses the firm hope that the necessary measures to amend Legislative Decree No. 31 of 1980 will soon be taken, for example by clearly indicating that the imposition of penalties involving compulsory labour is strictly limited to acts endangering the vessel or the life or health of persons. Pending the adoption of such measures, the Committee requests the Government to continue to provide information on the application of the Legislative Decree in practice, supplying copies of court decisions and indicating the penalties imposed.