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

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

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. Over a number of years, the Committee has been referring to sections 11, 12 and 13 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 requested the Government to take the necessary measures to amend the abovementioned provisions of Decree No. 31 of 1980.

The Committee notes the Government’s indication that Decree No. 31 of 1980 does not refer to any penalty of prison labour, but to imprisonment. Moreover, the Decree does not punish participation in strike actions, and section 11(3) is related to repeated disobedience. Accordingly, the Government indicates that it is envisaging amending Decree No. 31 by adding a sentence specifying that the sentence of imprisonment applies only in the case where the safety of the vessel or the life or health of persons is endangered. The Government further indicates that consultations are being held with relevant stakeholders and the social partners in this respect.

While noting this information, the Committee hopes that the Government will take the necessary measures to amend Decree No. 31 of 1980, so that the penalties involving compulsory labour are strictly limited to acts endangering the vessel or the life or health of persons. The Committee requests the Government to supply a copy of the amended Decree, once adopted.