Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Articles 1 and 2 of the Convention. Access of women to employment. In its previous comment, the Committee asked the Government to adopt proactive measures to ensure that women have equal opportunity to access employment and hoped that progress would be made in the near future with respect to their access to judicial positions. The Committee welcomes the Government’s statement that, pursuant to the Judicial Council decision No. 14 of 2013, 22 women applicants to the Kuwait Institute for Judicial and Legal Studies were accepted (i.e. 35 per cent of the total number of applicants) and that there is no restriction on their nomination as judges once they have completed their training and progressed through the judicial ranks. The Government emphasizes that the experience of appointing women to judicial positions has been successful: women prosecutors have been commended for their competency, cooperation with colleagues and dedication. The Committee notes, however, that the Government does not provide information on the under-representation of women in employment in general and notes the absence of concrete policies aimed at addressing horizontal and vertical segregation in the labour market, as emphasized by the United Nations Committee on Economic, Social and Cultural Rights in its concluding observations (E/C.12/KWT/CO/2, 19 December 2013, paragraph 11). The Committee also notes that, in the Global Gender Gap Report 2017 of the World Economic Forum, Kuwait is ranked 129 out of 144 countries examined and its global gender gap score has fallen from 0.634 in 2006 (the first year it was included in the report) to 0.628 in 2017, with the only subindex where the gender parity has worsened being the one on “economic participation and opportunity” (from 0.577 to 0.518 during the same period) whereas the other subindexes, that is, “educational attainment”, “health and survival” and “political empowerment” have risen slightly (although, for the latter, it remains extremely low, at 0.027). The Committee urges the Government to continue to adopt proactive measures to improve women’s ability to access employment on an equal footing with men. It asks the Government to provide information on the steps taken or envisaged to address horizontal and vertical segregation in the labour market. In addition, recalling that, appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination and unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments, the Committee calls on the Government to collect and analyse relevant data, including comparable statistics to enable an accurate assessment of changes over time. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

With respect to the access of women to employment in the police department, the Committee asked 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, apply equally to both men and women candidates, and 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. The Committee notes the Government’s indication that Article 3 of Ministerial Decree No. 2411 of 2008 requires the appointment of military staff of a certain rank to leadership positions within the Ministry of the Interior and that, according to Ministerial Decision No. 990 of 2004, as amended, general allowances to police officers vary according to their military rank, without distinction between male and female officers, and special allowances are paid in accordance with the nature and potential hazard of the work performed. The Committee also notes the Government’s indication that the upper age limit for male applicants to the Saad Al-Abdullah Academy for Security Sciences is 21 years old whereas it is 35 years old for female applicants, hence increasing women’s opportunities to join the police force. The Committee asks the Government to identify the percentage of women in the military, to provide statistics on the ratio of women in top military ranks, and to specify the number of women in leadership positions within the Ministry of the Interior and the police force. The Government is also asked to clarify whether women and men police officers perform the same functions and tasks.

Article 1. Discrimination based on sex. Sexual harassment. Domestic workers. The Committee recalls that domestic workers are not covered under the general labour law but notes the adoption of the Domestic Workers Act (Act No. 68 of 2015) (examined in detail in the observation addressed to the Government) which does not contain specific provisions relating to sexual harassment. In its previous comment, noting that it is unclear how sections 191 and 192 of the Penal Code effectively protect domestic workers against all forms of sexual harassment, the Committee asked the Government to provide information on any complaints made by or against domestic workers pursuant to these sections of the Penal Code and to provide information on any practical measures taken to address all forms of sexual harassment against domestic workers. The Committee notes that the Government provided some statistical data covering the period 2011 to 2015 but did not reply to its comment. The statistical data shows that very few cases gave rise to judicial decisions and even less to a sanction being imposed. The Committee reiterates its request to 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 and to provide information on any practical steps taken to address all forms of sexual harassment against domestic workers, including awareness raising, assistance and measures facilitating access to justice, and on the remedies available for a potential victim.