Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Article 1(a) of the Convention. Penalties involving compulsory labour as a 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 assemblies, enforceable with penalties of imprisonment (involving compulsory prison labour), was declared unconstitutional by the Constitutional Court in 2006.

The Committee notes that a draft law on public meetings and assemblies was prepared in 2008. It notes that section 10, read in conjunction with section 15 of this draft, provide for penal sanctions involving compulsory prison labour for any act harming or criticizing the official religion of the State; its foundations and principles; acts which damage the reputation of the State; and acts calling for breach of public order. It further notes that under section 63 of the Penal Code all prisoners are compelled to undertake compulsory prison labour. The Committee notes the Government’s indication that the draft law referred to above is currently before the competent authority and should be sent once it is finalized.

The Committee observes that the scope of these provisions is not limited to acts of violence (or incitement to violence), armed resistance or uprising, but seems to allow punishment involving the obligation to work to be imposed for the peaceful expression of opinions contrary to the Government’s policy and the established political system. In this regard, the Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour “as a means of political coercion or as a punishment for holding political views or views ideologically opposed to the established political, social and economic system”. While the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence, sanctions of imprisonment (involving compulsory labour) are not in conformity with the Convention if they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system.

The Committee therefore requests the Government to take the necessary measures to ensure that the abovementioned provisions of the draft law on public meetings and assemblies of 2008 will be modified so as to ensure that no prison sentence entailing compulsory labour can be imposed on persons who, without using or advocating violence, express certain political views or opposition to the established political, social or economic system. The Committee also requests the Government to provide a copy of the law on public meetings and assemblies once adopted.

The Committee is raising other points in a request addressed directly to the Government.