Worst Forms of Child Labour Convention, 1999 (No. 182) - Kuwait (Ratification: 2000)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request, and has no further matters to raise in this regard.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted that the draft trafficking bill had been approved by the Council of Ministers and would be submitted to the legislative committee of the Majlis al Ummah.

The Committee notes with interest that the Government adopted Act No. 91 of 2013 concerning trafficking in persons and smuggling of migrants. The Committee notes that according to section 2(7) of Act No 91 of 2013, the offence related to trafficking of children under the age of 18 years amounts to an aggravated offence. The Committee requests the Government to provide information on the application of section 2(7) of Act No. 91 of 2013 in practice, including, for example, statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed with regard to the trafficking of children under 18 years.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. Following its previous comments, the Committee notes that section 31bis(c) of Law No. 74 of 1983 on drug control provides for capital punishment for any person who uses a child under the age of 18 years for selling and trafficking of drugs.

Article 4(1). Determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 7(1). Penalties. The Committee previously noted that section 141 of the Labour Code of 2010 provides for penalties for violations of the provisions regarding the employment of juveniles, including the prohibition of the employment of juveniles in hazardous work. The Committee had observed that these penalties were very low.

The Committee notes the Government’s information that Juveniles Act No. 3 of 1983 provides for various penalties, including for offences related to exposing children to exploitation. It also notes from the Government’s report that Act No. 21 of 2015 amended certain provisions of the Labour Code of 2010 related to the employment of children and young persons. The Committee requests the Government to indicate whether Act No. 3 of 1983 and Act No. 21 of 2015 contain provisions establishing penalties for the offences related to the employment of children in hazardous work. If so, it requests the Government to provide a copy of the relevant provisions containing such penalties.

Article 7(2). Clause (a). Effective and time-bound measures. Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes the Government’s information that it has increased to 6 million Kuwaiti dinars (KWD), the state subsidy allocated to the Charitable Fund for the Education of Needy Children which provides free education to the children of illegal residents, in addition to an annual increase of 3 per cent for the next five consecutive years. According to the data provided by the Government, in January 2015, the total number of students from illegal residents enrolled at all educational levels increased to 28,848 children. The Government further states that it has promulgated Orders Nos 224 and 225 of 2014 which authorize the children of a Kuwaiti mother who is a resident, but without a nationality, to enroll at public schools. The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations of October 2013, expressed concern that bidoon children cannot be enrolled in public schools and that a significant proportion of such children continue to be deprived of their right to education (CRC/C/KWT/CO/2, paragraph 63). The Committee also notes that according to the UNESCO submission for the Universal Periodic Review of Kuwait by the Human Rights Council of 2014, while several measures were taken to improve the quality of education in Kuwait, there is still a lack of sufficient specific measures to address the situation of illegal residents. In view of the fact that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen its efforts to facilitate access to free basic education for all children, particularly bidoon children and children of illegal residents, including through the effective implementation of Orders Nos 224 and 225. It requests the Government to provide information on the concrete measures taken in this regard, and the results achieved in terms of the number of such children who have been enrolled and provided access to free basic and compulsory education.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted that section 185 of the Penal Code prohibits a person’s entry or exit into or from Kuwait for the purpose of disposing of him/her as a slave. The same provision prohibits any person from buying, exposing for sale, or guiding another person into serfdom. The Committee therefore observed that the Penal Code appeared to prohibit only the trafficking of persons for the purpose of forced labour and that there were no specific legal provisions prohibiting the sale and trafficking of children under 18 years of age. The Committee noted that the draft Trafficking Bill which contained provisions prohibiting the trafficking in children under 18 years of age and which had been submitted to the National Assembly by decree in 2008, had not yet been discussed.

The Committee notes the Government’s reference to section 183 of the Penal Code which stipulates that any person who kidnaps, hides, replaces or gives away a newborn child to any other person other than his father or mother shall be punishable with imprisonment for not less than five years and not more than 15 years. The Committee further notes that according to section 178 of the Penal Code, any person who abducts another person without his consent, and by force, moves him/her from the place of his/her residence to another place shall be punished with imprisonment for not less than three years. Where such an offence is committed against an insane person or a person under the age of 18 years, the penalty shall be life imprisonment. Section 179 of the Penal Code further stipulates that kidnapping a person under the age of 18 years, even without the use of force, threat or deception, intending to kill, harm or to engage him/her in prostitution is punishable with life imprisonment. The Committee notes from the Government’s report that the draft Trafficking Bill has been approved by the Council of Ministers and will be submitted to the legislative committee of the Majlis al Ummah. Considering that the Government has been referring to this draft Trafficking Bill for a number of years, the Committee requests the Government to take the necessary measures to ensure its adoption in the immediate future. It requests the Government to provide a copy, once it has been adopted.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. Following its previous comments, the Committee notes the Government’s reference to sections 31, 31bis, 32 and 32bis of Law No. 74 of 1983 on drug control and regulating the use and trafficking which makes it an offence to use young persons under the age of 18 years for selling drugs. The Committee requests the Government to provide a copy of the relevant provisions of Law No. 74 of 1983, along with its next report.

Article 4(1). Determination of hazardous work. The Committee previously noted that according to section 20(a) of the Labour Code of 2010, young persons aged from 15 to 18 years shall not be employed in industries or professions that are, by a resolution of the Minister, classified as hazardous or harmful to their health. The Committee notes the Government’s indication that Ministerial Order No. 196/a/2010 provides for a list of hazardous industries and occupations in which the employment of children under 18 years of age is prohibited. The Committee requests the Government to provide a copy of Ministerial Order No. 196/a/2010 containing the list of types of hazardous work prohibited to children under 18 years of age, along with its next report.

Article 5. Monitoring mechanisms. National committee to combat human trafficking and smuggling of migrants. The Committee previously noted that the draft Trafficking Bill includes the establishment of a National Committee to combat human trafficking and smuggling of migrants. The Committee notes the Government’s information with regard to the activities and tasks entrusted to this National Committee by the draft Trafficking Bill which include: (i) the formulation of programmes aimed at combating human trafficking and protecting victims of trafficking; (ii) the setting up of subsidiary committees responsible for monitoring and evaluation of the conditions of human trafficking victims; (iii) the conduct of research and media campaigns and the compilation of data; and (iv) coordination with state bodies on the supply of information related to human trafficking. The Committee requests the Government to provide information on the establishment of the National Committee to combat human trafficking and smuggling of migrants as well as on its activities in combating human trafficking. It also requests the Government to provide information on the impact of the measures taken in this regard, particularly the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied relating to the trafficking of persons under 18 years.

Article 7(1). Penalties. The Committee previously noted that section 141 of the Labour Code of 2010 provides for the penalties in the eventuality of a violation of the provisions regarding the employment of juveniles, which includes the prohibition of hazardous work. Observing that the penalties prescribed under section 141 of the Labour Code were very low, the Committee urged the Government to take immediate measures to ensure that sufficiently effective and dissuasive penalties were applied in practice to persons who engage children in hazardous work.

The Committee notes that the Government refers to sections 140 and 142 of the Labour Code of 2010. It notes, however, that these provisions provide for penalties for offences related to obstructing the work of the competent authorities or violating the order of closure of workplace or suspension of any machines pursuant to section 135. The Committee, therefore, once again urges the Government to take immediate measures to ensure that sufficiently effective and dissuasive penalties are applied in practice to persons who engage children in hazardous work.

Article 7(2). Clause (a). Effective and time-bound measures. Preventing the engagement of children in the worst forms of child labour. Education. Following its previous comments, the Committee notes the Government’s information that the Ministry of Education, in collaboration with the central body, undertook to resolve the status of illegal residents by examining and addressing all the requirements in order to facilitate registering students in schools. It also notes the Government’s information that the Kuwaiti National Fund provides assistance to students registered at Arab schools and who are in need of help. The Committee notes from the Government’s report that the Charitable Fund for Education provides free education to the children of illegal residents by covering the total cost of education of 12,802 children in this category. It further notes the Government’s indication that the Charitable Fund following the directions from the Central Body provides educational services to children who regularize their situation, and who reveal their nationality.

The Committee notes the information from a report available on the website of the United Nations High Commissioner for Refugees, that Bedoons, classified as illegal residents constitute about one third of Kuwait’s native population. The report also indicates that Bedoons are barred from taking up any employment and their children are denied education. The Committee further notes that the Committee on the Elimination of Racial Discrimination (CERD), in its concluding observations of 4 April 2012 (CERD/C/KWT/CO/15-20, paragraph 21) expressed concern that not all Bedoon children are covered by free compulsory primary education, including by the Charitable Fund. In view of the fact that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen its efforts to facilitate access to free basic education for all children, particularly Bedoon children. It requests the Government to provide information on the concrete measures taken in this regard, and the results achieved in terms of the number of Bedoon children enrolled in compulsory education.

Clause (d). Identifying and reaching out to children at special risk. Child migrant and domestic workers. The Committee previously noted that a centre was established in 2007 to regulate the situation of domestic workers and to ensure that no domestic workers under 18 were brought into the country. It noted, however, that the Committee on the Rights of the Child (CRC), in its concluding observations on the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography of 18 February 2008, expressed concern at the continued possibility of exploitation of domestic workers under 18 entering the country (CRC/C/OPSC/KWT/CO/1, paragraph 23).

The Committee notes the Government’s information that the minimum age for recruiting domestic workers from abroad, according to Order No. 640 of 1987 is 20 years. It notes that the Committee Against Torture, in its concluding observations of 28 June 2011 (CAT/C/KWT/CO/2, paragraph 22) regretted the lack of statistics regarding the number and type of complaints filed with authorities that assume supervision of domestic labour, and on how these complaints are resolved. The Committee further notes that the CERD, in its concluding observations, expressed concern at the unavailability of legal remedies to the victims of abuses and domestic workers, including access to justice, compensation and reparation (CERD/C/KWT/CO/15-20, paragraph 23). The Committee requests the Government to take the necessary measures to make available the statistics, including the number and types of complaints filed with authorities responsible for the supervision of domestic labour and illegal migrants. It requests the Government to indicate any information recorded by the authorities concerning child migrant and child domestic workers.

Part V of the report form. Application of the Convention in practice. The Committee notes that the Committee Against Torture, in its concluding observations of 28 June 2011 (CAT/C/KWT/CO/2, paragraph 24) expressed concern at the lack of information on trafficking in persons, and statistics, particularly the number of complaints, investigations, prosecutions and convictions of perpetrators of trafficking and the lack of information on practical measures adopted to prevent and combat such phenomena, including medical, social and rehabilitative measures. Noting the lack of information on this subject in the Government’s report, the Committee once again urges the Government to take the necessary measures to ensure that sufficient data on the situation of children in the worst forms of child labour, particularly child victims of trafficking, prostitution and forced labour are available. To the extent possible, this information should be disaggregated by age and sex.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Referring to its previous comments, the Committee notes that Act No. 6 of 2010 (Labour Code of 2010) has been adopted and promulgated in the Official Gazette No. 963.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted that there are no specific legal provisions prohibiting the sale and trafficking of children under 18 years of age. The Committee reminded the Government that, even when a worst form of child labour does not appear to exist, the Convention requires the ratifying Members to take immediate and effective measures to prohibit this form of child labour. The Committee noted the Government’s statement that a draft bill on combating human trafficking and the smuggling of migrants (draft Trafficking Bill) has been drafted by the Ministry of Justice, and has been submitted to the Council of Ministers for its adoption.

The Committee notes the Government’s information that the draft Trafficking Bill contains provisions prohibiting trafficking of children, who are defined as persons who have not exceeded 18 years of age. Moreover, the Committee notes the Government’s information that section 185 of the Penal Code prohibits a person’s entry or exit into or from Kuwait for the purpose of disposing of him/her as a slave. The same provision prohibits any person from buying, exposing for sale, or guiding another person into serfdom. The Committee therefore observes that the Penal Code appears to prohibit only the trafficking of persons for the purpose of forced labour. The Government indicates that the bill was submitted to the National Assembly by decree in 2008. However, the draft Trafficking Bill remains on the Assembly’s agenda and has not yet been discussed. Noting that the draft Trafficking Bill has been submitted to the National Assembly for several years already, the Committee requests the Government to take immediate measures to ensure that this bill is discussed and adopted as a matter of urgency. The Committee expresses the firm hope that the draft Trafficking Bill prohibits child trafficking for both labour and sexual exploitation. It requests the Government to provide a copy of the bill, once it has been adopted.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted the Government’s indication that Act No. 3 of 1983, which relates to young persons, and Ministerial Decree No. 148 of 2004, which relates to the employment of young persons, contain provisions prohibiting the use, procuring or offering of a child under 18 years for illicit activities, in particular for the production and trafficking of drugs. The Committee also noted that Act No. 3 of 1983 relates to juvenile justice and young offenders, and that Ministerial Decree No. 148 of 2004 relates to work prohibited for young persons.

The Committee observes that, according to the Government’s information, Act No. 3 of 1983 relating to juvenile justice and young offenders deals mostly with the criminal responsibility of young offenders. The Committee notes the Government’s information that section 47 of the Penal Code provides that “A person is considered to have committed a crime if he incites another who is not eligible for criminal responsibility to commit a crime, or a person who has good will”. The Government also indicates that section 18 of the Penal Code provides that a person who has not reached the age of seven years at the time of committing a crime shall not be held accountable. Therefore, the Committee observes that the Penal Code seems only to prohibit the act of inciting a child under seven years of age to commit a crime. The Committee notes that the use, procuring or offering of a child for illegal activities, in particular the production and trafficking of drugs, is not specifically prohibited in Kuwaiti legislation. The Committee, therefore, requests the Government to take the necessary measures, as a matter of urgency, to prohibit the use, procuring or offering of a child under 18 years for illicit activities, in particular for the production and trafficking of drugs. It requests the Government to provide information on the progress made in this regard.

Article 4(1). Determination of hazardous work. The Committee notes that, according to section 20a) of the Labour Code of 2010, young persons aged from 15 to 18 years shall not be employed in industries or professions that are, by a resolution of the Minister, classified as hazardous or harmful to their health. In this regard, the Committee recalls that, under the terms of Article 4(1) of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee requests the Government to provide information on the progress made by the Minister of Labour in elaborating a resolution, after consultation with the organizations of employers and workers concerned, providing for a list of the industries and professions classified as hazardous or harmful to the health of children. It firmly hopes that this list, determining the types of hazardous work prohibited for children under 18 years of age, will be adopted as a matter of urgency, in conformity with Article 4(1) of the Convention.

Article 5. Monitoring mechanisms. National committee to combat human trafficking and smuggling of migrants. The Committee previously noted that the draft Trafficking Bill includes the establishment of a national committee to combat human trafficking and smuggling of migrants.

The Committee notes that, according to information available in a 2011 report on the trafficking in persons in Kuwait available at the website of the Office of the High Commissioner for Refugees, the Government of Kuwait made few discernible efforts to significantly improve its law enforcement efforts and did not report any arrests, prosecutions, convictions, or sentences of traffickers during the reporting period for either forced labour or prostitution. The Committee, therefore, requests the Government to take measures to ensure the effective monitoring of the sale and trafficking of children. In this regard, the Committee requests the Government to take measures to ensure the establishment of the National committee to combat human trafficking and smuggling of migrants, and to strengthen the capacity of the officials in charge of combating the trafficking of children. Finally, the Committee once again requests the Government to provide information on the functioning, powers and duties, once established, of the said National committee, particularly with regard to the effective monitoring of the trafficking of persons under the age of 18.

Labour inspection. The Committee previously noted the Government’s information that it would provide extracts of the inspection reports specifying the extent and nature of violations detected involving children under 18 years of age involved in the worst forms of child labour.

The Committee notes the Government’s information that no violations involving children under 18 years of age were detected through labour inspection. The Government indicates that the nature of employment in the private sector requires the recruitment of migrant workers from abroad, and that permits are not issued to migrant workers under the age of 18. Furthermore, the Government states that inspection results showed no violations involving national workers under 18.

Article 7(1). Penalties. In its previous comments, the Committee noted that the amounts of the fines established by Act No. 38 of 1964 had been revised to establish fines of 100 and 200 Kuwait dinars (KWD) (approximately US$363 to $725) respectively, for every worker employed on terms that contravene its provisions. The Committee noted the low fine imposed on employers who violate the provisions of Act No. 38 of 1964 concerning the worst forms of child labour. It noted the Government’s indication that the draft Labour Code revises the penalty and increases the amount of the fine imposed in the case of infringements to the provisions of the Labour Code. The Committee expressed the firm hope that the Government would take the necessary measures to ensure that the draft Labour Code is adopted in the very near future.

The Committee observes that section 141 of the Labour Code of 2010 provides for the penalties in the eventuality of a violation of the provisions regarding the employment of juveniles, which includes the prohibition of hazardous work. Section 141 provides that an offender shall be warned to remedy the violation within a period specified by the Ministry, not exceeding three months. In the event that the offender does not remedy the violation within the specified period, he/she shall be liable to a fine of not less than 100 and not more than KWD200 for each of the workers who are involved in the violation. Therefore, the Committee observes that the penalties for provided for in the Labour Code of 2010 do not seem to be harsher than those of the revised provisions of Act No. 38 of 1964. The Committee recalls that Article 7(1) of the Convention requires member States to take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to this Convention, including through the application of appropriate sanctions. In this regard, the Committee brings the Government’s attention to Paragraph 13 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which provides that Members should ensure that penalties including, where appropriate, criminal penalties, are applied for violations of the national provisions for the prohibition and elimination of hazardous work. The Committee, therefore, urges the Government to take immediate measures to ensure that sufficiently effective and dissuasive penalties are applied in practice to persons who engage children in hazardous work. In this regard, the Committee requests the Government to provide information on the practical application of penalties related to the worst forms of child labour, including the number and nature of infringements reported, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.

Article 7(2). Clause (a). Effective and time-bound measures. Preventing the engagement of children in the worst forms of child labour. Education. The Committee previously requested the Government to supply a copy of the order which specifies that children who do not have Kuwaiti nationality (Bedoon children) shall be treated in the same manner as Kuwaiti citizens with respect to free and compulsory education. It also requested the Government to provide information on the enrolment and drop-out rates in schools, including of Bedoon children. The Committee noted the Government’s statement in reference to the provision of education to the children of illegal residents, that the Government pays attention to these cases, and that many such children are registered at private and public Kuwaiti schools. The Committee also noted the Government’s indication that a fund totalling KWD4 million (approximately $14,012,960) was set up especially for the education of these children, benefiting 15,730 students in 2006 and 2007.

The Committee notes the Government’s information that a new budget of KWD6 million was approved and adopted by the Kuwaiti Council of Ministers in order to resolve the situation of illegal immigrants in Kuwait. The beneficiaries of such fund are 12,000 Bedoon children and 4,000 children of the Bedoon military. The Committee once again requests the Government to provide information on the enrolment and drop-out rates in schools, particularly of Bedoon children.

Clause (d). Identifying and reaching out to children at special risk. Child migrant and domestic workers. The Committee previously noted that, in its concluding observations of 2004 (E/C.12/1/Add.98, paragraphs 17–21), the Committee on Economic and Social and Cultural Rights (CESCR) expressed its concern at the situation of domestic workers, in particular migrant workers, who were excluded from the application of the Labour Code and whose situation was not dissimilar to forced labour. In addition, according to the CESCR, the incidence of trafficking of women and children had risen, including for the purpose of domestic work. The Committee also noted that there were credible reports of foreign women and girls having migrated to Kuwait as domestic workers who were coerced into situations of debt bondage or involuntary servitude and that Kuwait was a destination country for children trafficked primarily from Bangladesh, India, Indonesia, Pakistan, Philippines and Sri Lanka for the purposes of sexual and labour exploitation. The Committee noted that a centre was established in 2007 to regulate the situation of domestic workers and to ensure that no domestic workers under 18 were brought into the country. Nonetheless, in its concluding observations on the CRC OP-SC of 18 February 2008, the Committee on the Rights of the Child (CRC) expressed concern at the continued possibility of exploitation of domestic workers under 18 entering the country (CRC/C/OPSC/KWT/CO/1, paragraph 23).

The Committee notes the Government’s detailed information concerning the functioning of the Kheitan Young Persons Centre, which was set up to be a temporary residence for migrant workers in need, including those who have fled their sponsors’ houses and have taken refuge in their respective embassies and those who request better wages from their employers. This centre is equipped with all the necessary requirements, such as sleeping arrangements and food and leisure services. The Committee notes that, in its report, the Government indicates that a copy of the statistics on the workers who were helped at embassies and those who were repatriated. However, it observes that no such document was in fact attached to the Government’s report. The Committee requests the Government to provide statistics on the number of domestic workers under the age of 18 who were helped by the Kheitan Young Persons Centre or any other similar establishment. The Committee also requests the Government to continue providing information on any additional measures taken or envisaged to ensure that children under 18 years working as domestic workers, especially migrant workers and trafficked persons, are protected from the worst forms of child labour.

Article 8. International cooperation and assistance. The Committee previously noted that the draft Trafficking Bill explicitly refers to the question of legal and judicial competence for transnational crimes. The Committee once again requests the Government to provide information on the impact of the Draft Trafficking Bill, once adopted, in enhancing international cooperation to prevent and eliminate child trafficking and to ensure that individuals who traffic children across borders are effectively prosecuted.

Parts IV and V of the report form. Application of the Convention in practice. The Committee previously noted that the CRC, in its concluding observations on the CRC OP-SC of 18 February 2008, had stated that the limited amount of reliable data on the extent of the sale of children, child prostitution and child pornography was largely due to the absence of a comprehensive data collection system, as well as to prevailing taboos in society surrounding this issue (CRC/C/OPSC/KWT/CO/1, paragraph 5). Noting the lack of information on this subject in the Government’s report, the Committee expresses its concern at the lack of data available on children engaged in the worst forms of child labour, and once again urges the Government to take the necessary measures to ensure that sufficient data on the situation of child victims of trafficking, prostitution and forced labour are available. To the extent possible, this information should be disaggregated by age and sex.

Considering that the Government has been referring to the draft Trafficking Bill for a number of years and, given that Article 1 of the Convention obliges member States to take “immediate” measures, the Committee requests the Government to take the necessary measures to ensure its adoption as a matter of urgency, and to provide information on any developments in this regard.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee previously noted that there are no specific legal provisions prohibiting the sale and trafficking of children under 18 years of age. The Committee reminded the Government that, even when a worst form of child labour appears to be non-existent, the Convention requires the ratifying Members to take immediate and effective measures to prohibit this form of child labour. The Committee notes the Government’s statement that a draft bill on combating human trafficking and the smuggling of migrants (Draft Trafficking Bill) has been drafted by the Ministry of Justice, and has been submitted to the Council of Ministers for its adoption. The Committee notes the Government’s indication that it will communicate any new developments concerning this bill.  The Committee trusts that the draft bill on combating human trafficking and smuggling of migrants will contain provisions prohibiting the sale and trafficking of children under 18 years of age for the purpose of labour and sexual exploitation. The Committee requests the Government to take the necessary measures to ensure that the draft bill is adopted in the near future, and requests the Government to provide a copy, once adopted.

2. Forced or compulsory labour. In its previous comments, the Committee noted the Government’s reference to provisions of the Labour Code and Penal Code prohibiting and punishing the use of forced and compulsory labour and asked the Government to provide further information on this point. The Committee also asked the Government to provide a copy of the legal texts authorizing recourse to forced labour in case of a national emergency, particularly section 12/3 of Act No. 22 of 1967 and sections 16, 17 and 18 of Act No. 65 of 1980 on general mobilization. The Committee observes that, although the Government indicates in its report that copies of section 12/3 of Act No. 22 of 1967 and of Act No. 65 of 1980 are annexed, no such documents have been provided to the Office. Furthermore, it notes that the Government provides no information on the Labour and Penal Code provisions which prohibit and punish the use of forced and compulsory labour. Therefore, the Committee repeats its request to the Government to supply a copy of section 12/3 of Act No. 22 of 1967 and of sections 16, 17 and 18 of Act No. 65 of 1980 on general mobilization with its next report. It also once again requests the Government to indicate the provisions of the Labour Code and of the Penal Code which prohibit forced and compulsory labour and to provide a copy of the relevant legislation.

3. Recruitment of children for use in armed conflict. Following its previous comments, the Committee notes with interest that section 3(2) of the Army Act No. 32 of 1967 states that everyone appointed to serve in the army must be over 21 years of age.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted the Government’s indication that Act No. 3 of 1983, which relates to young persons, and Ministerial Decree No. 148 of 2004, which relates to the employment of young persons, contained provisions prohibiting the use, procuring or offering of a child under 18 years for illicit activities, in particular for the production and trafficking of drugs. The Committee requested the Government to supply copies of these pieces of legislation. The Committee notes that these documents were submitted with the Government’s report. It also notes that Act No. 3 of 1983 relates to juvenile justice and young offenders, and that Ministerial Decree No. 148 of 2004 relates to work prohibited for young persons. The Committee observes however that these documents do not appear to contain provisions prohibiting the use, procuring or offering of a child for illicit activities. The Committee therefore requests the Government to indicate which provisions of the Kuwaiti legislation prohibit the use, procuring or offering of a child under 18 years for illicit activities, in particular for the production and trafficking of drugs. It also asks the Government to provide a copy of these provisions.

Article 5. Monitoring mechanisms. 1. National committee to combat human trafficking and smuggling of migrants. The Committee notes that the Draft Trafficking Bill includes the establishment of a national committee to combat human trafficking and smuggling of migrants. The Committee requests the Government to provide information on the functioning, powers and duties, once established, of this national committee to combat human trafficking and smuggling of migrants, particularly with regard to the effective monitoring of the trafficking of persons under the age of 18.

2. Labour inspection. The Committee previously noted the Government’s information that it would provide extracts of the inspection reports specifying the extent and nature of violations detected involving children under 18 years of age involved in the worst forms of child labour. The Committee notes the Government’s statement that the monitoring authorities have not detected cases of the worst forms of child labour. The Committee recalls that the monitoring activity carried out by the relevant inspection authorities constitutes a measure to prevent the worst forms of child labour and accordingly encourages the Government to supply extracts of the inspection reports specifying the extent and nature of violations detected involving children under 18 years of age involved in the worst forms of child labour.

3. Higher Committee of Human Rights. The Committee notes the copy of the Ministerial Order No. 104 of 2008 on the establishment of the Higher Committee of Human Rights, in addition to Ministerial Order No. 169 on the nomination of the members to this Committee, and its mandate submitted with the Government’s report. The Committee requests the Government to indicate the role of the Higher Committee of Human Rights with regard to the prevention and elimination of the worst forms of child labour in Kuwait.

Article 6. Programmes of action. The Committee notes the Government’s indication that the national committee to combat human trafficking and smuggling of migrants (which will be established following the adoption of the Draft Trafficking Bill) will be responsible for formulating policies and programmes on this trafficking, in addition to preparing research and data on this subject, conducting media campaigns to raise awareness on this issue, and undertaking economic and social initiatives to fight these crimes.  The Committee also notes that the Draft Trafficking Bill includes provisions relating to the care of victims of human trafficking, including medical and psychological care for the purpose of rehabilitation and follow-up services, in addition to accommodation in specialized centres. The Committee requests the Government to provide information on the activities of the national committee combating human trafficking and migrant smuggling, once established, with regard to the development and implementation of national programmes focused on combating the trafficking of children under the age of 18.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee noted the low fine imposed on employers who violate the provisions of Act No. 38 of 1964 concerning the worst forms of child labour and invited the Government to provide information on the revision of the penalties provided by section 97 of that Act. It noted the Government’s indication that section 134 of the new draft Labour Code revises the penalty and increases the amount of the fine imposed in the case of infringements to the provisions of the Labour Code. The Committee notes the Government’s statement in its report submitted under Convention No. 138 that the draft project of the Labour Code is before the Majlis al-Ummah (legislative authority). The Committee notes the Government’s indication that the draft project of the Labour Code was discussed in its entirety during the Majlis al-Ummah’s first session and that it will soon be promulgated. The Committee once again expresses the firm hope that the Government will take the necessary measures to ensure that the draft Labour Code is adopted in the very near future. Furthermore, the Committee asks the Government to supply statistics on the number and nature of penalties imposed in practice as soon as they become available.

Article 7, paragraph 2. Clause (a). Effective and time-bound measures. Preventing the engagement of children in the worst forms of child labour. Education. The Committee previously requested the Government to supply a copy of the order which specifies that children who do not have Kuwaiti nationality (Bedoon children) shall be treated as Kuwaiti citizens with respect to free and compulsory education. It also requested the Government to provide information on the enrolment and drop-out rates in schools, including of Bedoon children. The Committee notes the Government’s statement in reference to the provision of education to the children of illegal residents, that the Government pays attention to these cases, and that many such children are registered at private and public Kuwaiti schools. The Committee notes the Government’s indication that a fund totalling 4 million Kuwaiti dinars (approximately US$14,012,960) was set up especially for the education of these children, benefitting 15,730 students in 2006 and 2007. The Committee requests the Government to continue to provide information on the number of children, who do not have Kuwaiti nationality, who benefit from this educational fund. It also once again requests the Government to provide information on the enrolment and drop-out rates in schools, particularly of Bedoon children.

Clause (d). Identifying and reaching out to children at special risk. Child migrant and domestic workers. The Committee previously noted that, in its concluding observations of 2004 (E/C.12/1/Add.98, paragraphs 17–21), the Committee on Economic and Social and Cultural Rights (CESCR) expressed its concern at the situation of domestic workers, in particular migrant workers, who were excluded from the application of the Labour Code and whose situation was not dissimilar to forced labour. In addition, according to the CESCR, the incidence of trafficking of women and children had risen, including for the purpose of domestic work. The Committee also noted that, according to the information available at the Office, there were credible reports of foreign women and girls having migrated to Kuwait as domestic workers who were coerced into situations of debt bondage or involuntary servitude and that Kuwait was a destination country for children trafficked primarily from Bangladesh, India, Indonesia, Pakistan, Philippines and Sri Lanka for the purposes of sexual and labour exploitation. The Committee requested the Government to provide information on the time-bound measures taken or envisaged to protect these children.

The Committee notes that, in its concluding observations on the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC OP-SC) of 18 February 2008, the Committee on the Rights of the Child (CRC) noted that a centre was established in 2007 to regulate the situation of domestic workers and to ensure that no domestic workers under 18 were brought into the country. Nonetheless, the CRC expressed concern at the continued possibility of exploitation of domestic workers under 18 entering the country (CRC/C/OPSC/KWT/CO/1, paragraph 23). The Committee requests the Government to provide detailed information on the activities of the centre to regulate the situation of domestic workers, referred to by the CRC, particularly with regard to the protection of domestic workers under the age of 18. The Committee also requests the Government to provide information on any additional measures taken or envisaged to ensure that children under 18 years working as domestic workers, especially migrant workers and trafficked persons, are protected from the worst forms of child labour.

Article 8. International cooperation and assistance. The Committee notes the Government’s indication, in its reply to the list of issues of the CRC, in connection with its report on the OP-SC, that the Draft Trafficking Bill explicitly refers to the question of legal and judicial competence for transnational crimes. The Committee requests the Government to provide information on the impact of the draft bill on combating trafficking and the smuggling of migrants, once adopted, in enhancing international cooperation to prevent and eliminate child trafficking and to ensure that individuals who traffic children across borders are effectively prosecuted.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that it has not registered any cases of the sale and trafficking of children, or any cases of child labour. Nonetheless, the Committee notes that the CRC, in its concluding observations on the CRC OP-SC, stated that the limited amount of reliable data on the extent of the sale of children, child prostitution and child pornography is largely due to the absence of a comprehensive data collection system, as well as to prevailing taboos in society surrounding this issue (CRC/C/OPSC/KWT/CO/1, paragraph 5). The Committee expresses its concern at the lack of data available on children engaged in the worst forms of child labour, and it urges the Government to take the necessary measures to ensure that sufficient data on the situation of child victims of trafficking, prostitution and forced labour are available.

Considering that the Government has been referring to the draft Labour Law for a number of years and, given that Article 1 of the Convention obliges member States to take “immediate” measures, the Committee requests the Government to take the necessary measures to ensure its adoption as a matter of urgency.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee had previously noted that there are no specific legal provisions prohibiting the sale and trafficking of children under 18 years of age. The Committee notes the Government’s information that no case of trafficking of children for labour and sexual exploitation was reported. However, the Committee reminds the Government that even where a worst form of child labour appears to be non-existent, the Convention requires the ratifying Members to take immediate and effective measures to prohibit this form of child labour. Therefore, the Committee once again requests the Government to take the necessary measures to prohibit the sale and trafficking of children under 18 years of age for the purpose of labour and sexual exploitation.

2. Forced or compulsory labour. In its previous comments, the Committee had asked the Government to provide a copy of the legal texts authorizing recourse to forced labour in case of a national emergency, particularly section 12/3 of Act No. 22 of 1967 and sections 16, 17 and 18 of Act No. 65 of 1980 on general mobilization. The Committee had also previously noted the Government’s reference to provisions of the Labour Code and Penal Code prohibiting and punishing the use of forced and compulsory labour and had asked the Government to provide further information on this point. The Committee observes that the legal texts on general mobilization have not been provided to the Office with the Government’s report. Furthermore, it notes that the Government provides no information on the Labour and Penal Code provisions which prohibit and punish the use of forced and compulsory labour. Therefore, the Committee repeats its request to the Government to supply a copy of section 12/3 of Act No. 22 of 1967 and of sections 16, 17 and 18 of Act No. 65 of 1980 on general mobilization with its next report. It also once again requests the Government to indicate the provisions of the Labour Code and of the Penal Code which prohibit forced and compulsory labour and to provide a copy of the relevant legislation.

3. Recruitment of children for use in armed conflict. In its previous comments, the Committee had noted that section 2 of Legislative Decree No. 102 of 1980, concerning compulsory service in the regular armed forces and the reserve, states that military service is compulsory for every male over 18 years of age and that section 32 of the Army Act No. 32 of 1967 states that everyone appointed to serve in the army must be over 21 years of age. The Committee notes the Government’s indication that it will provide the Office with a copy of these legal texts.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously requested the Government to indicate which provisions of the Penal Code prohibit the use, procuring or offering of a child under 18 years for illicit activities, in particular for the production and trafficking of drugs, and had asked the Government to provide a copy of these provisions. The Committee notes the Government’s indication that those provisions are Act No. 3 of 1983, which relates to young persons, and Ministerial Decree No. 148 of 2004, which relates to the employment of young persons. However, the Committee observes that these legal texts are not joined to the Government’s report. Accordingly, the Committee requests the Government to supply a copy of Act No. 3 of 1983 and of Ministerial Decree No. 148 of 2004.

Article 5. Monitoring mechanisms. 1. Labour inspection. In its previous comments, the Committee had noted the Government’s indication that no information is available on the inspections undertaken by the labour inspectorate in view of the non-existence of child labour in Kuwait. The Committee recalled that the monitoring activity carried out by the relevant inspection authorities constitutes a measure to prevent the worst forms of child labour. It notes the Government’s information that it will provide extracts of the inspection reports specifying the extent and nature of violations detected involving children under 18 years of age involved in the worst forms of child labour. The Committee expresses the hope that the Office will receive those documents in the very near future.

2. Inter-ministerial anti-trafficking task force. In its previous comments, the Committee had noted that an inter-ministerial task force was established by the Government to coordinate anti-trafficking efforts. Noting the absence of information on this point, the Committee once again asks the Government to indicate how this task force contributes to the prevention and elimination of child trafficking. It also reiterates its request that the Government provide information on the functioning, powers and duties of this inter-ministerial task force.

Article 6. Programmes of action. Following its previous comments, the Committee notes the Government’s statement that there is no abuse of children in Kuwait and no case involving the sale or trafficking of children was reported. However, the Committee once again reminds the Government that, even where the worst forms of child labour appear to be non-existent, the Convention requires the ratifying member States to take measures to ensure that such forms of child labour do not arise in the future. In this context, the Committee strongly encourages the Government to provide information on the steps envisaged, in consultation with the organizations of employers and workers concerned, and, taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not arise in Kuwait.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee had noted the low fine imposed on employers violating the provisions of Act No. 38 of 1964 and had invited the Government to provide information on the revision of the penalties provided by section 97 of that Act. It had also noted the Government’s information that there have been no new developments on revising those penalties and that there were no statistics on the number of penalties imposed in practice. The Committee takes note of the Government’s indication that section 134 of the new draft Labour Code revises the penalty and increases the amount of the fine imposed in case of infringements to the provisions of the Labour Code. The Committee once again expresses the firm hope that the Government will take the necessary measures to ensure that the draft Labour Code is adopted in the very near future. Furthermore, the Committee asks the Government to supply statistics on the number and nature of penalties imposed in practice as soon as they become available.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Following its previous comments, the Committee takes note of the Government’s statement that it will provide the order which specifies that children who do not have Kuwaiti nationality (Bedoon children) shall be treated as Kuwaiti citizens with respect to free and compulsory education and that, therefore, no education fees shall apply, as soon as it becomes available. The Committee once again requests the Government to supply a copy of the Order, as well as information on the enrolment and drop-out rates in schools, including of Bedoon children, along with its next report.

Clause (d). Identifying and reaching out to children at special risk. Child migrant and domestic workers. With reference to its previous comments, the Committee notes the Government’s information that the Ministry of the Interior promulgated Order No. 640 of 1987, in which section 5(3) sets the minimum age for domestic work at 20 years of age. The Committee points out, however, that section 5(3) only applies to a legal relationship between employer and domestic worker, while the trafficking of persons is an activity that generally takes place in an illegal context. Moreover, the Committee notes that, in its concluding observations of 2004 (E/C.12/1/Add. 98, paragraphs 17–21), the Committee on Economic and Social and Cultural Rights expressed its concern at the situation of domestic workers, in particular migrant workers, who are excluded from the application of the Labour Code. The situation of these workers is not dissimilar to forced labour. In addition, according to the Committee of Economic and Social and Cultural Rights, the incidence of trafficking of women and children has risen, including for the purpose of domestic work. Moreover, the Committee notes that, according to the information available at the Office, there were credible reports of foreign women and girls having migrated to Kuwait as domestic workers who are coerced into situations of debt bondage or involuntary servitude and that Kuwait is a destination country for children trafficked primarily from Bangladesh, India, Indonesia, Pakistan, the Philippines and Sri Lanka for the purpose of labour exploitation. According to this information, it is reported that domestic workers migrating to Kuwait are trafficked for sexual and labour exploitation. Consequently, the Committee once again asks the Government to provide information on the time-bound measures taken or envisaged to ensure that all children under 18 years working as domestic workers, especially migrant workers and trafficked persons, are protected from the worst forms of child labour.

Article 8. International cooperation and assistance. Noting the absence of information contained in the Government’s report, the Committee once again requests the Government to indicate, as soon as this information becomes available, any steps taken to assist other member States in giving effect to the Convention through enhanced international cooperation and assistance, including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

Parts IV and V of the report form. Application of the Convention in practice. Noting the absence of information in the Government’s report, the Committee once again requests the Government to supply, as soon as this information becomes available, copies or extracts from official documents including inspection reports, studies and inquiries, and, where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.

Considering that the Government has been referring to the draft Labour Law for a number of years and, given that Article 1 of the Convention obliges member States to take “immediate” measures, the Committee requests the Government to strengthen its efforts to ensure its adoption as a matter of urgency.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee had previously noted that there are no specific legal provisions prohibiting the sale and trafficking of children under 18 years of age. It had also noted the Government’s information that, with regard to the prevention, suppression and punishment of trafficking for the purpose of exploitation, the provisions of the Labour Code and the Penal Code that prohibit and punish the use of forced or compulsory labour would be implemented. The Committee had asked the Government to indicate the concrete results achieved through the implementation of these provisions, and in particular whether their implementation has resulted in deterring the trafficking of children. The Committee notes the absence of information in this regard in the Government’s report. The Committee recalls that, under Article 3(a) of the Convention, the sale and trafficking of children is considered as one of the worst forms of child labour, and that by virtue of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate measures to secure the prohibition of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to take the necessary measures to prohibit the sale and trafficking of children under 18 years of age for the purpose of labour and sexual exploitation.

2. Forced or compulsory labour. The Committee had previously noted that, according to article 42 of the Constitution, there is no forced labour except in the case specified by the law for national emergency and with just remuneration. The Committee had asked the Government to provide information on the kind of national emergencies that justify the recourse to forced labour. It had also asked the Government to provide a copy of the legal texts authorizing the recourse to forced labour in case of a national emergency. The Committee notes the Government’s statement that the nature of the national emergency justifies resorting to forced labour when the country is exposed to a situation that threatens security and public order in the country, on account of an armed aggression, even if it is imminent or due to internal conflicts. The Committee asks the Government to provide a copy of section 12/3 of Act No. 22 of 1967 and of sections 16, 17 and 18 of Act No. 65 of 1980 on general mobilization mentioned by the Government in its report.

The Committee had previously noted the Government’s reference to provisions of the Labour Code and Penal Code prohibiting and punishing the use of forced and compulsory labour. It had asked the Government to indicate which provisions of the Labour Code and of the Penal Code prohibit and punish the use of forced and compulsory labour. Noting the absence of information on this point, the Committee once again requests the Government to indicate the provisions of the Labour Code and of the Penal Code which prohibit forced and compulsory labour and to provide a copy of the relevant legislation.

3. Recruitment of children for use in armed conflict. The Committee had previously noted the Government’s indication that section 2 of Legislative Decree No. 102 of 1980, concerning compulsory service in the regular armed forces and the reserve, states that military service is compulsory for every male over 18 years of age. It had further noted that section 32 of Army Act No. 32 of 1967 states that everyone appointed to serve in the army must be over 21 years. The Committee once again requests the Government to supply a copy of Legislative Decree No. 102 of 1980 and Army Act No. 32 of 1967.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee had requested the Government to provide information on the measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and sanctions envisaged. It also asked the Government to supply a copy of relevant legislation. The Committee notes the Government’s statement that there are no texts in this regard and, in such cases, the Penal Code applies. The Committee requests the Government to indicate which provisions of the Penal Code prohibit the use, procuring or offering of a child under 18 years for illicit activities, in particular for the production and trafficking of drugs. It also asks the Government to provide a copy of these provisions.

Clause (d). Hazardous work. The Committee had previously noted that, according to section 198(c) of Act No. 38 of 1964, juveniles aged 14 to 18 years may only be employed in industries and trades that are not dangerous and harmful to their health. The Committee notes that, according to Ministerial Decree No. 152 of 2004, children of both sexes aged less than 18 may not be employed in the following activities: (a) economic or industrial activities if these are harmful to their health, physical or mental safety, except for vocational training purposes and according to the terms and standards for training set out in section 20 of Act No. 38 of 1964; (b) as camel jockeys, or similar activities organized by the Kuwait Racing Club for camel races or any other body. The Committee takes note of this information.

Article 4, paragraph 1. Determination of hazardous work. Following its previous comments, the Committee notes the Government’s statement that section 1 of Ministerial Order No. 149 of 2004 - which repeals Order No. 18 of 1973 - provides for a comprehensive list of types of hazardous work prohibited for children under 18 years of age. The Committee notes with interest that this list includes: work in quarries and the asphalt industry, work with ionized radiation; petroleum and natural extraction; the manufacture and handling of insecticides; work in abattoirs and tanneries; the handling, operation or maintenance of moving machinery; work in cement factories; work requiring lifting, pulling or pushing of weights; work requiring the use of solvent compounds in cleaning mechanical parts; ice and cooling industries; occupations requiring climbing of poles or antennas exceeding five metres in height which could cause accidents; occupations for filling containers with compressed gases. The Committee notes the Government’s information that Order No. 149 of 2004 was adopted after consultation with the Chamber of Commerce and Industry and the Kuwait Trade Union Federation. The Committee takes due note of this information.

Article 4, paragraph 2. Identification and revision of hazardous work. With reference to its previous comments, the Committee reminds the Government that, by virtue of Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work determined pursuant to Article 4, paragraph 1, exist. The Committee once again requests the Government to provide information on the measures taken or envisaged to identify where hazardous work exists, in consultation with the organizations of employers and workers concerned.

Article 4, paragraph 3. Periodic examination of the list of hazardous work. Following its previous comments, the Committee notes the Government’s statement that it is constantly undertaking consultations with the competent authorities, especially the Ministry of Health, to examine the list of types of hazardous work, and review it in light of the scientific and technical developments. This review resulted in the promulgation of Order No. 149 of 2004, repealing Order No. 18 of 1973.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee had previously asked the Government to provide information on the inspections carried out by the labour inspectors regarding the infringements of the national provisions giving effect to the Conventions. It had also asked the Government to supply reports or documents by the labour inspectorate. The Committee notes the Government’s statement that no information is available on the inspections undertaken by the labour inspectorate in view of the non-existence of child labour in Kuwait. The Committee recalls that the monitoring activity carried out by the relevant inspection authorities constitutes a measure to prevent the worst forms of child labour. The Committee accordingly encourages the Government to supply extracts of the inspection reports specifying the extent and nature of violations detected involving children under 18 years of age involved in the worst forms of child labour.

2. Interministerial anti-trafficking task force. In its previous comments, the Committee had noted that an interministerial task force was established by the Government to coordinate anti-trafficking efforts. The Committee asks the Government to indicate how this task force contributes to the prevention and elimination of child trafficking. It also requests the Government to provide information on the functioning, powers and duties of this interministerial task force.

3. Higher Committee for the Family and Child. Following its previous comments, the Committee notes the Government’s statement that no information is available on the activities of the Higher Committee for the Family and Child, established by Decree No. 134/2000. It asks the Government to provide information on the activities undertaken by the Committee for the Family and Child with regard to the elimination of the worst forms of child labour, as soon as this information becomes available.

Article 6. Programmes of action. With reference to its previous comments, the Committee notes the Government’s statement that there is currently no information on this point and any new developments will be communicated in the future. The Committee once again reminds the Government that, even where the worst forms of child labour appear to be non-existent, the Convention requires the ratifying member States to take measures to determine whether such forms of child labour exist and to ensure that they will not arise in the future. In this context, the Committee encourages the Government to provide information on the steps envisaged, in consultation with the organizations of workers and employers concerned and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Kuwait. 

Article 7, paragraph 1. Penalties. The Committee had previously noted that sections 202 to 204 of the Penal Code establish penalties of imprisonment for breach of the provisions prohibiting the incitement or coercion of children into pornography or prostitution. The Committee had also noted the low fine imposed on employers violating the provisions of Act No. 38 of 1964. It had invited the Government to provide information on the revision of penalties provided by section 97 of Act No. 38 of 1964 in cases of failure to apply the provisions of the Act concerning the worst forms of child labour, such as the prohibition to employ children aged 14 to 18 in types of hazardous work (section 19(c)). The Committee notes the Government’s information that there have been no developments on the penalties applied by virtue of section 97 of Act No. 38 of 1964. Besides, there are no statistics on the number of penalties imposed in practice. The Committee once again reminds the Government that, by virtue of Article 7, paragraph 1, of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of sufficiently effective and dissuasive penalties. The Committee once again requests the Government to provide information on the measures taken or envisaged to revise and increase the penalties provided for under section 97 of Act No. 38 of 1964 in cases of failure to apply the provisions of the Act concerning the worst forms of child labour, such as the prohibition to employ children under 18 in hazardous work. The Committee trusts that due consideration will be given to this point in enacting the draft labour law. Finally the Committee asks the Government to supply statistics of the number and nature of penalties imposed in practice as soon as they become available.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Bedoon children. Following its previous comments, the Committee notes the Government’s statement that it took a highly significant step in protecting children who do not have Kuwaiti nationality (Bedoon children) through the issuing of an order which specifies their treatment as Kuwaiti citizens with respect to free and compulsory education. No education fees shall apply. Considering that education contributes to the elimination of child labour, the Committee asks the Government to provide information on any relevant impact of the adoption of this Order in preventing Bedoon children from being engaged in the worst forms of child labour. The Committee asks the Government to supply a copy of the abovementioned order. It finally requests the Government to provide information on the enrolment and dropout rates in schools, including of Bedoon children.

Clause (d). Identifying and reaching out to children at special risk. Child migrant and domestic workers. The Committee notes that the Committee on the Rights of the Child, in its Concluding Observations of 1998 (CRC/C/15/Add.88, paragraph 18), expressed its concern at the discrimination towards young migrant workers. It also notes that, in its Concluding Observations of 2004 (E/C.12/1/Add.98, paragraphs 17-21), the Committee on Economic and Social and Cultural Rights expressed its concern at the situation of domestic workers, in particular migrant workers, who are excluded from the application of the Labour Code. This situation of these workers is not dissimilar to forced labour. In addition, according to the Committee of Economic and Social and Cultural Rights, the incidence of trafficking women and children has risen, including for the purpose of domestic work. Moreover, the Committee notes that, according to the information available at the Office, there were credible reports of foreign women and girls having migrated to Kuwait as domestic workers who are coerced into situations of debt bondage or involuntary servitude and that Kuwait is a destination country for children trafficked primarily from Bangladesh, India, Indonesia, Pakistan, the Philippines and Sri Lanka for the purpose of labour exploitation. According to this information, it is reported that domestic workers migrating to Kuwait are trafficked for sexual and labour exploitation. The Committee requests the Government to provide information on the time-bound measures taken or envisaged to ensure that children under 18 years working as domestic workers, especially migrant workers, are protected from the worst forms of child labour.

Article 8. International cooperation and assistance. The Committee notes the Government’s statement that no information on this Article is available at present and the Government will inform the Committee on any new developments in this regard. The Committee once again requests the Government to indicate, as soon as this information becomes available, any steps taken to assist other member States in giving effect to the Convention through enhanced international cooperation and assistance, including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

Parts IV and V of the report form. Following its previous comments, the Committee notes the Government’s statement that the application of the provisions of the Convention did not present any practical problems, as there is full cooperation between the Ministry of Social Affairs and Labour (the labour inspectorate) and the Ministries of Interior and Commerce in applying the provisions of the Convention. The Committee also notes the Government’s information that there are no statistics as requested and this information shall be communicated as soon as it is made available. The Committee once again requests the Government to supply, as soon as this information becomes available, copies or extracts from official documents including inspection reports, studies and inquiries and, where such statistics exist, information on the nature extent, and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.

The Committee notes the Government’s statement that it will keep the Committee informed on the progress made on the application of the Convention and the legislation enacted in order to put it into effect. It also notes that the Government will continue to solicit the necessary technical assistance if needed. The Committee takes note of this information and encourages the Government to strengthen its efforts in enacting the draft labour law.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the Government’s first report, and requests it to supply further information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the Government has provided no information with regard to this Article, which requires each Member which ratifies this Convention to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee consequently asks the Government to provide a general overview of the measures taken to apply this Article.

Article 3. Worst forms of child labour. Clause (a). 1. Forced or compulsory labour. The Committee notes that article 42 of the Constitution provides that there is no forced labour except in the case specified by the law for national emergency and with just remuneration. The Committee recalls that Article 3(a) of the Convention prohibits all forms of slavery or practices similar to slavery, such as forced or compulsory labour, for every child under 18 years. The Committee asks the Government to provide information on the kind of national emergencies that justify the recourse to forced labour. It also asks the Government to provide a copy of the legal texts authorizing the recourse to forced labour in case of a national emergency.

2. Trafficking in children. The Committee notes the Government’s reply to the general observation under Convention No. 29 of 2000. The Government states therein that respecting the measures taken or contemplated to prevent, suppress and punish trafficking in persons for the purpose of exploitation, the provisions of the Labour Code and the Penal Code that prohibit and punish the use of forced or compulsory labour shall be implemented. The Committee recalls that, under Article 3(a) of the Convention, trafficking of children is considered as one of the worst forms of child labour. The Committee notes that there is no specific legal provision prohibiting the sale and trafficking of children under 18 years. The Committee asks the Government to indicate the provisions of the Labour Code and Penal Code that prohibit and punish the use of forced or compulsory labour. It also asks the Government to indicate the concrete results achieved through the implementation of these provisions, and in particular whether their implementation has resulted in deterring the trafficking of children.

3. Armed conflict. The Committee notes that article 158 of the Constitution provides that military service is regulated by law. It also observes that article 160 stipulates that mobilization, general or partial, is regulated by law. According to the Government’s statement in its report to the Committee on the Rights of the Child in 1996, Kuwaiti legislation provides that no one under 18 years of age is permitted to enlist in military service. The Government also indicated that section 2 of Legislative Decree No. 102 of 1980, concerning compulsory service in the regular armed forces and the reserve, stipulates that military service is compulsory for every male over 18 years of age. It further indicated to the Committee on the Rights of the Child that section 32 of the Army Act No. 32 of 1967 provides that everyone appointed to serve in the army must be over 21 years of age. The Committee recalls that according to Article 3(a) of the Convention, forced and compulsory recruitment of children under 18 years of age for use in armed conflict constitutes one of the worst form of child labour and shall therefore be prohibited for children under 18 years of age. The Committee consequently requests the Government to provide a copy of the legislation prohibiting forced or compulsory recruitment of children for use in armed conflict, in particular Decree No. 102 of 1980 on Compulsory Service and the Army Act No. 32 of 1967.

Clause (b). The use, procuring or offering of a child for prostitution or pornography. The Committee notes with interest the information provided by the Government in its report that Kuwait has taken several measures for the prevention of child sexual exploitation. In particular, it observes that sections 200 and 204 of the Penal Code prohibit the exploitation of child prostitution and pornography. It further notes that violations of these provisions carry heavy sanctions of imprisonment and fines. The Committee asks the Government to provide a copy of the Penal Code.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee notes the absence of information in the Government’s report on the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee recalls that, by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and sanctions envisaged. It also requests the Government to supply a copy of relevant legislation.

Clause (d). Hazardous work. The Committee notes the Government’s statement in its report that the Labour Law for the Public Sector and implementing Decrees, especially Decrees Nos. 25/75 and 18/73, include the provisions set forth in the Convention. It notes that section 198(c) of Act No. 38 of 1964 provides that juveniles aged 14 to 18 years may only be employed in industries and trades that are not dangerous and harmful to their health. However, the Committee also notes that according to sections 1 and 2 of Law No. 38 of 1964, provisions stated therein do not apply to self-employed workers (section 1), domestic servants and the like (section 2(e)) and workers employed for temporary work of no more than six months’ duration (section 2(d)). The Committee notes that the Government indicated in its report under Convention No. 138 that it intends to amend section 2(d) and (e) of Law No. 38 of 1964 to read as follows "the provisions of this law shall exclude from its scope domestic workers and other workers to whom other laws apply, as specified in such laws". The Committee requests the Government to indicate whether the amendments to paragraphs (d) and (e) of section 2 of Law No. 38 of 1964 will ensure that self-employed children, domestic servants and the like, and children employed for temporary work of no more than six months’ duration are protected against work which, by its nature or the circumstances in which it is carried out is likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes the Government’s indication in its report that section 1(1) of Order No. 18 of 1973 lists the types of employment in which adolescents younger than 18 years of age may not be employed. The Committee draws the Government’s attention to Paragraph 3 of Recommendation No. 190 which provides for a list of hazardous work to which special consideration shall be given. The Committee notes that work under water, at dangerous heights, in confined spaces and work in high temperatures as well as work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads is not laid down in Order No. 18 of 1973. The Committee asks the Government to indicate whether consideration was given to the types of hazardous work enumerated in Paragraph 3 of Recommendation No. 190 that are not covered by Order No. 18 of 1973, such as work under water, at dangerous heights, in confined spaces, and work in high temperatures. The Committee also asks the Government to communicate information on the consultations that were held with the organizations of employers and workers concerned.

Paragraph 2. Identification of hazardous work. The Committee notes the absence of information in the Government’s report on efforts made to identify where work that by its nature or the circumstances in which it is carried out is likely to harm the health, safety or morals of children exists. The Committee reminds the Government that according to Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken or envisaged to identify where hazardous work exists, in consultation with the organizations of employers and workers concerned.

Paragraph 3. Periodic examination of the list of hazardous work. The Committee observes that section 1 of Order No. 18 of 1973 lists industries in which the employment of minors is prohibited. It also notes that section 1(p) of Order No. 18 of 1973 states that children may not be employed for work involving the handling or use of lead, petrol, arsenic, phosphor or any substance listed in the table of occupational diseases established by Ministerial Order No. 17 issued on 21 August 1973. The Committee further notes that section 28 of Ministerial Order No. 43 of 1979 covers the types of work and operations that can cause the diseases mentioned in Order No. 17 of 1973 on occupational diseases, as well as the enterprises in which it is prohibited to employ adolescents as determined by Ministerial Order No. 18 of 1973. The Committee observes that the list given in Order No. 18 was established in 1973. It therefore recalls that Article 4, paragraph 3, of the Convention provides that the list of types of work determined as hazardous shall be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned. The Committee accordingly asks the Government to provide information on the measures taken or envisaged to examine and revise the list of hazardous work, where necessary, in the light of scientific and technical developments.

Article 5. Monitoring mechanisms. 1. The Committee notes the Government’s indication in its report that the Ministry of Social Affairs and Labour (Labour Inspection Department) in cooperation, in certain cases, with the Ministry of Interior and the Ministry of Trade, is responsible for monitoring the implementation of the national legislation giving effect to the Convention. The Committee asks the Government to provide information on the inspections carried out by the Labour Inspectorate regarding infringements of the national provisions giving effect to the Convention. It also asks the Government to supply reports or documents drafted by the Labour Inspectorate.

2. The Committee notes that the Government established an inter-ministerial task force to coordinate anti-trafficking efforts. The Committee requests the Government to indicate if the mandate of this inter-ministerial task force covers child trafficking. It also asks the Government to provide detailed information on the functioning, powers and duties of the inter-ministerial task force. The Committee requests the Government to indicate if consultations were held with the organizations of workers and employers in accordance with the provisions of this Article.

3. Furthermore, the Committee notes the Government’s statement in its report that a Higher Committee for the Family and Child was established by Decree No. 134/2000. Its tasks are to follow up measures taken relating to child and family and ensure their implementation. The Committee asks the Government to provide information on the activities undertaken by this Committee regarding the elimination of the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s statement in its report that, due to the absence of child labour in Kuwait, it does not need to design any special programmes to eliminate the worst forms of child labour. The Committee reminds the Government that even where the worst forms of child labour appear to be non-existent, the Convention requires ratifying member States to take measures to determine whether such forms of child labour exist and to ensure that they will not arise in the future. In this context, the Committee requests the Government to indicate what steps it envisages, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Kuwait.

Article 7, paragraph 1. Sanctions. The Committee notes the Government’s statement in its report that sections 200 to 204 of the Penal Code provide for sanctions of imprisonment for persons inciting or forcing children into pornography or prostitution. It also notes that section 97 of Act No. 38 of 1964 provides for a system of progressive sanctions in case of infringements of the provisions of the Act. The offender shall first be warned to stop the infraction. In case of non-compliance he/she is liable to a fine of three dinars for every worker employed on terms that contravene the provisions, and, should the violation(s) continue, the fine shall be increased to five dinars. The Committee’s understanding of this, in the light of the information contained in the Government’s report on the application of the Labour Inspection Convention, 1947 (No. 81), is that the amounts of the fines established when the Act was passed in 1964 have been revised, given that the report refers to fines of 100 and 200 dinars, respectively, for every worker employed on terms that contravene the provisions. Noting the low fine imposed on employers violating the provisions of Act No. 38 of 1964, the Committee recalls that under Article 7, paragraph 1, of the Convention, the Government shall take necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including appropriate penalties. The Committee notes that, according to the Government’s reply to the general observation under Convention No. 29 of 2000, the provisions of the Labour Code and the Penal Code prohibit and punish the use of forced or compulsory labour. The Committee requests the Government to provide information on sanctions applicable to the use of forced or compulsory labour. The Committee also invites the Government to provide information on the revision of penalties provided under section 97 of Act No. 38 of 1964 in cases of failure to apply the provisions of the Act concerning the worst forms of child labour, such as the prohibition to employ children aged 14 to 18 in industries and trade that are dangerous and harmful to their health (section 19(c) of Act No. 38 of 1964). It requests the Government to provide information on the type and number of sentences imposed in practice.

Paragraph 2. Time-bound measures. The Committee takes note of the absence of information in the Government’s report on the existence of time-bound and effective measures: (a) preventing the engagement of children in the worst forms of child labour; (b) providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration; (c) ensuring access to free basic education, and, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour; and (d) taking into account the special situation of girls. The Committee requests the Government to supply information on actions taken or envisaged, as required under Article 7(2)(a)-(c) and (e) of the Convention, to prevent the potential occurrence of the worst forms of child labour and assist the removal and rehabilitation of children from the worst forms of child labour.

Paragraph 2, clause (d). Non-Kuwaiti children. The Committee, like the Committee on the Rights of the Child, remains concerned about the situation of non-Kuwaiti children in the country, especially Bedouins (included in the category of stateless persons) in Kuwait. The Committee notes the Government’s statement, in the report made under Convention No. 138 in 2003, that it will take into account the recommendation of the Committee on the adoption of suitable measures to protect the rights of Bedouins and migrant children who do not have Kuwaiti citizenship. The Committee accordingly requests the Government to provide information on the suitable measures envisaged or adopted to protect children who do not have Kuwaiti citizenship, including Bedouins, against the worst forms of child labour.

Article 8. The Committee notes that Kuwait is a member of Interpol, which helps cooperation between countries in the different regions, especially in the fight against trafficking of children. The Committee asks the Government to indicate any steps taken to assist other member States in giving effect to the provisions of the Convention through enhanced international cooperation and/or assistance, including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

Part IV of the report form. The Committee notes the Government’s indication that no difficulties arise out of the implementation of the Convention. However the Committee had noted, in 1999, in its observation under Convention No. 81 that "the majority of the enterprises inspected in the field of occupational safety are in breach of the law, that employment accidents are very frequent and, in addition to the activities normally subject to the risk of employment accidents (construction work, building and transport), [employment accidents] affect another category of activities designated by the terms ‘social services’, ‘personal services’ or ‘community services’, in which 4,227 employment accidents occurred in 1996 and 2,991 in 1997, with an increase in the number of fatalities in 1997". The Committee would be grateful if the Government could provide a general appreciation of the manner in which the Convention is applied in Kuwait, including any practical difficulties encountered in the application of the Convention, or any factors which may have prevented or delayed actions against the worst forms of child labour.

Part V of the report form. The Committee notes the Government’s statement in its report that inspection reports shall be forwarded, as well as any studies or research available. The Committee would also be grateful if the Government could provide information on the worst forms of child labour, including, for example, copies or extracts from official documents, including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, and penal sanctions applied.

The Committee requests the Government to keep it informed of progress made in enacting or amending the legislation. In this regard, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.