Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 1(a) of the Convention. Punishment for expressing political views. In its earlier comments, the Committee 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.

In its latest report, the Government indicates that the draft law referred to above has not yet been adopted. The Committee reiterates its hope that the law concerning public meetings and gatherings will be adopted in the near future and that the Government will communicate a copy for the examination by the Committee.

Article 1(c) and (d). Disciplinary measures applicable to seafarers. Over a number of 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 recalled 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 only if such acts endanger the safety of the vessel or the life or health of persons. The Committee observed that sections 11, 12 and 13 of the above Legislative Decree do not appear to limit the application of the penalties to such acts.

The Committee notes the Government’s commitment expressed in the report to bring legislation into conformity with the Convention, and in particular, the Government’s indication that the necessary measures are being taken to amend the abovementioned Decree. The Committee trusts that the Legislative Decree No. 31 of 1980 will be amended in the near future, 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 amendment, 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.