Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

Articles 2 and 5 of the Convention. Adequate procedures. Effective tripartite consultations. The Committee notes the information submitted by the Government concerning the restructuring of the Higher Consultative Committee for Labour Affairs, the meetings it has held and the recommendations it has issued during 2020 and 2021. However, the Committee notes that, according to the information communicated by the Government, this body has not addressed any of the matters covered by Article 5(1) of the Convention. The Government reports that, although tripartite consultations through meetings are of paramount importance, it continues to conduct tripartite consultations in written form in view of the speediness and effectiveness of this form of consultation. The Government does not clarify whether the procedure followed to ensure tripartite consultations for purposes of the Convention has included meetings in one or more tripartite bodies, or whether the tripartite consultations required under Article 5 have taken place exclusively through written communications. With regard to the re-examination of unratified Conventions, such as Conventions Nos 100 and 122, and Recommendations to which effect has not yet been given, the Government indicates in general terms that the Public Authority for Manpower is still studying their compatibility with current legislation in Kuwait. The Committee notes that the Government has not provided any information about the content and outcome of any tripartite consultations held during the reporting period with respect to the matters concerning the activities of the International Labour Organization set out in Article 5(1) of the Convention. Hence, the Committee urges the Government to provide updated detailed information on the procedure, content and outcome of tripartite consultations held on the matters relating to international labour standards covered by the Convention as required under Article 5, including the frequency of such consultations. The Committee also once again 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.