Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Kuwait (Ratification: 2000)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted that the draft trafficking bill had been approved by the Council of Ministers and would be submitted to the legislative committee of the Majlis al Ummah.

The Committee notes with interest that the Government adopted Act No. 91 of 2013 concerning trafficking in persons and smuggling of migrants. The Committee notes that according to section 2(7) of Act No 91 of 2013, the offence related to trafficking of children under the age of 18 years amounts to an aggravated offence. The Committee requests the Government to provide information on the application of section 2(7) of Act No. 91 of 2013 in practice, including, for example, statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed with regard to the trafficking of children under 18 years.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. Following its previous comments, the Committee notes that section 31bis(c) of Law No. 74 of 1983 on drug control provides for capital punishment for any person who uses a child under the age of 18 years for selling and trafficking of drugs.

Article 4(1). Determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 7(1). Penalties. The Committee previously noted that section 141 of the Labour Code of 2010 provides for penalties for violations of the provisions regarding the employment of juveniles, including the prohibition of the employment of juveniles in hazardous work. The Committee had observed that these penalties were very low.

The Committee notes the Government’s information that Juveniles Act No. 3 of 1983 provides for various penalties, including for offences related to exposing children to exploitation. It also notes from the Government’s report that Act No. 21 of 2015 amended certain provisions of the Labour Code of 2010 related to the employment of children and young persons. The Committee requests the Government to indicate whether Act No. 3 of 1983 and Act No. 21 of 2015 contain provisions establishing penalties for the offences related to the employment of children in hazardous work. If so, it requests the Government to provide a copy of the relevant provisions containing such penalties.

Article 7(2). Clause (a). Effective and time-bound measures. Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes the Government’s information that it has increased to 6 million Kuwaiti dinars (KWD), the state subsidy allocated to the Charitable Fund for the Education of Needy Children which provides free education to the children of illegal residents, in addition to an annual increase of 3 per cent for the next five consecutive years. According to the data provided by the Government, in January 2015, the total number of students from illegal residents enrolled at all educational levels increased to 28,848 children. The Government further states that it has promulgated Orders Nos 224 and 225 of 2014 which authorize the children of a Kuwaiti mother who is a resident, but without a nationality, to enroll at public schools. The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations of October 2013, expressed concern that bidoon children cannot be enrolled in public schools and that a significant proportion of such children continue to be deprived of their right to education (CRC/C/KWT/CO/2, paragraph 63). The Committee also notes that according to the UNESCO submission for the Universal Periodic Review of Kuwait by the Human Rights Council of 2014, while several measures were taken to improve the quality of education in Kuwait, there is still a lack of sufficient specific measures to address the situation of illegal residents. In view of the fact that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen its efforts to facilitate access to free basic education for all children, particularly bidoon children and children of illegal residents, including through the effective implementation of Orders Nos 224 and 225. It requests the Government to provide information on the concrete measures taken in this regard, and the results achieved in terms of the number of such children who have been enrolled and provided access to free basic and compulsory education.