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

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

Articles 2 and 3 of the Convention. Restrictions to the right to join unions and draw up union constitutions and rules. In its previous comments, the Committee had noted that Ministerial Order No. 1 of 30 September 1964 includes a model regulation to guide the formulation of union rules that contains union membership conditions incompatible with the Convention and had requested the Government to amend the Order to bring it into conformity with the Convention. The Committee notes that the Government reiterates its previous indications concerning the non-binding character of the model rules. The Committee is therefore bound to once again recall that regardless of their non-binding nature, model rules intended to serve as guidelines to trade unions should not include provisions that are incompatible with the requirements of the Convention. The Committee therefore urges the Government to amend model rules of Ministerial Order No. 1 of 1964 to ensure their full conformity with the Convention.

Application of the Convention in practice. The Committee recalls that after receiving observations from International Trade Union Confederation (ITUC) in 2011, alleging that public authorities had taken action to ban strikes and threaten workers participating in them in oil and public sectors, it had requested the Government to establish a legal framework recognising the right to strike. The Committee notes that the Government reiterates its previous indications concerning the nonexistence of a legal prohibition of strikes or of rules imposing penalties on peaceful strikers, and that it takes into consideration the Committee’s proposal in consultation with the social partners. In order to safeguard the legal certainty of workers who decide to have recourse to strike action, the Committee once again encourages the Government to establish, in consultation with the social partners, a legal framework recognizing the exercise of the right to strike; the Committee recalls that the Government may avail itself of the technical assistance of the ILO and requests it to provide information as to any development in this regard. In the meantime, the Committee requests the Government to ensure that those participating in legitimate peaceful strikes cannot be subject to sanctions, threats or other retaliation, as well as to provide information on the exercise of this right in practice, including the number and nature of strikes called, their sector of activity (in particular if concerning the oil sector or public sector workers not exercising authority in the name of the State), and any administrative or judicial investigations or procedures initiated or conducted in relation to strikes.