Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Access of women to employment. The Committee notes the concern expressed by the United Nations Committee on Economic, Social and Cultural Rights in its concluding observations regarding the under-representation of women in employment and the absence of concrete policies aimed at addressing horizontal and vertical segregation in the labour market (E/C.12/KWT/CO/2, 19 December 2013, paragraph 11). The Committee previously expressed concerns about the practical and legislative obstacles to women’s access to a number of posts and occupations under government control, including in the judiciary. In this respect, the Committee notes the Government’s indication that the Supreme Council of the Judiciary decided at the end of 2012 to accept the nomination of women to legal researcher positions for which only male candidates could apply previously, therefore paving the way for them to be able to be appointed to positions as representatives of the prosecution and in future to positions as judges. As a result, a large number of women applied to these positions, and twenty women were appointed in 2013. The Committee notes from the Government’s report that in 2001 there were 10,528 women in high administrative posts (311 women in 1997) and 51,929 in leading posts in the specialist category (38,409 men in similar posts). According to the Government, women have been authorized by the Ministry to join the police in areas involving the public or dealing with women, and in cases related to family violence. Noting the action taken by the Government to promote the access of women to positions under its the control, in particular in the judiciary and the police, the Committee requests the Government to continue its efforts and to take proactive measures to ensure that women have equal opportunities of access to employment and it hopes that progress will be made in the near future with respect to their access to positions as judges. With respect to the access of women to employment in the police department, the Committee requests the Government to clarify whether the general and specific requirements to be met by applicants to the Saad Al-Abdullah Academy for Security Sciences, in particular age requirements, to which it refers in its report, apply only to women candidates or equally to both men and women candidates. Please also clarify whether women and men police officers perform the same functions and tasks, as well as the reason for granting a specific allowance only to women inspectors of the fire service department.

Sexual harassment. Domestic workers. With reference to its observation, the Committee notes that the Government refers to sections 191 and 192 of the Penal Code, which provide that a person who “dishonours another person under threat, by force or deceit” should be sentenced to a maximum of 15 years, and life imprisonment if the offender “works as a servant with the victim”. The Committee notes that it is unclear how these provisions effectively protect domestic workers, many of whom are women, against all forms of sexual harassment, to which they are especially vulnerable due to the particular nature of their employment relationship (see General Survey on the fundamental Conventions, 2012, paragraphs 789–795). The Committee requests the Government to provide information, including any judicial decisions, on any complaint made by or against domestic workers pursuant to sections 191 and 192 of the Penal Code. Please also provide information on any practical measures, including awareness raising and assistance, taken to address all forms of sexual harassment against domestic workers.

Stateless persons or persons without nationality (Bidoons). The Committee notes the Government’s indication that the body responsible for resolving the situation of stateless residents is the Central Agency through which the roadmap adopted by the Council of Ministers (Resolution No. 1612) is applied, the purpose of which is to resolve the situation of stateless persons by 2015. According to the Government, job opportunities are offered in the government sector to stateless persons who hold a high academic degree and who appear on the official State census of 1965, or who prove that they were formerly in the country (about 7,000 persons). As far as work in the private sector is concerned, persons who hold the baccalaureat or a lower degree may register with the Kuwait Chamber of Commerce and Industry to apply for available vacancies. The Committee notes the concern expressed by the United Nations Committee on the Elimination of Racial Discrimination (CERD) in its concluding observations that not all Bedoun enjoy certain basic human rights, such as the right to obtain civil documentation, as well as access to adequate social services, education, housing, property, business registration and employment (CERD/C/KWT/CO/15-20, 4 April 2012, paragraph 17). The Committee requests the Government to provide information on the measures taken through the Central Agency or otherwise to ensure that all stateless persons or residents without nationality (Bidoons) are protected against discrimination in employment and occupation on the grounds of the Convention and have access to employment.