Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Kuwait (Ratification: 1961)

The Committee notes the observations made by the International Trade Union Confederation (ITUC) in a communication received on 18 September 2017 which refers to the matters raised by the Committee below.

Articles 2 and 3 of the Convention. Restrictions to the right to join unions and to draw up union constitutions and rules. In its previous comments, the Committee had noted that Ministerial Order No. 1 of 1964 sets out conditions for trade union membership which are not compatible with the requirements of the Convention and had requested the Government to amend the model regulations for unions rules contained therein. The Committee notes the Government’s indication that the Labour Law of 2010 provides that trade union organizations are free to be guided by the model regulations issued by the Ministerial Order; consequently, the Public Authority for Manpower issued a number of guiding rules for organizations in order to help them formulate their constitutions and regulations without obliging them to be bound by their provisions. The Committee once again recalls that model rules intended to serve as guidelines to trade unions are acceptable provided that there is no obligation or pressure to accept them, and that, regardless of their non-binding nature, model rules should not include provisions that are incompatible with the requirements of the Convention. The Committee requests once again the Government to take all necessary measures to ensure that model rules of Ministerial Order No. 1 of 1964 are not binding in law or in practice, and to amend them so as to ensure their full conformity with the abovementioned principles.

Application of the Convention in practice. In its previous comments, the Committee had requested the Government to establish, in consultation with the social partners, a legal framework recognizing the exercise of the right to strike and ensuring that those participating in legitimate peaceful strikes cannot be subject to sanctions, threats or other retaliation. The Committee notes the Government’s indication that while the Labour Law does not contain any provisions preventing workers from going on strike or imposing penalties to strikers, the Government desires to undertake consultations with the social partners with regard to the establishment of a legal framework recognizing the exercise of the right to strike. The Committee requests the Government to provide information on the content and outcome of the consultations held with the social partners on the establishment of a legal framework recognizing the exercise of the right to strike. The Committee reminds the Government that it can avail itself of the technical assistance of the Office if it so wishes.

In its previous comments, the Committee had also requested the Government to promote the application of the Convention in the private sector and to provide information in this respect. The Committee takes due note of the Government’s indication that there are 14 trade union organizations and that a federation of private employees was established in June 2017.