Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Kuwait (Ratification: 2000)

Articles 2 and 5 of the Convention. Effective tripartite consultations. In its previous comments, the Committee requested the Government to provide information about how correspondence enables effective consultations, given the Government’s indication that correspondence was the method in which consultations were conducted. The Committee further requested information on the outcome of the tripartite consultations held on the matters relating to international labour standards covered by the Convention. The Government reports that the tripartite consultations with the social partners are still ongoing in compliance with Article 5 of the Convention. It adds that the Public Authority for Manpower (the Authority), representing the Government, is the body responsible for communicating all ILO questionnaires relating to the agenda of the International Labour Conference to the Kuwait Trade Union Federation and the Kuwait Chamber of Commerce and Industry. The Authority also prepares, in consultation with the social partners, replies to the Committee’s comments under article 22 of the ILO Constitution. It also communicates non-ratified Conventions and Recommendations which have not yet been given effect to the social partners for consultation. The Committee notes that the Authority has recently submitted the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), to the social partners. The Government indicates that, in accordance with section 143 of the Labour Law No. 6 of 2010, which regulates the private sector, the Authority has held the first meeting of the Upper Committee for Labour Affairs to discuss a proposal to amend Order No. 839/s of 2015 on the employment of women in the oil and petrochemical sectors. Recalling its previous comments, the Committee reiterates its request that the Government provide detailed information on the outcome of tripartite consultations held on the matters relating to international labour standards covered by the Convention as required under Article 5, as well as information relating to any reports or recommendations resulting from these consultations. The Committee also requests the Government to indicate the manner in which it is determined that written consultations are sufficient to ensure effective tripartite consultations as required by the Convention. It also invites the Government to provide updated information on the progress achieved in relation to the re-examination of unratified Conventions – such as Conventions Nos 100 and 122 – and Recommendations to which effect has not yet been given.