Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

Article 2 of the Convention. Migrant workers. In its previous comments, the Committee observed that section 99 of Labour Law No. 6 of 2010 (hereinafter the Labour Law) restricted the right to form trade unions to Kuwaiti workers, and Ministerial Order No. 1 of 1964 laid down the conditions of possession of a work permit and a minimum of five years’ residence in Kuwait for the exercise of the right to form trade unions. The Committee notes the Government’s indication that the Ministerial Order has been cancelled through Administrative Decision No. 846 of 2015 and observes that the removal of these conditions constitutes a first step in recognizing the trade union rights of migrant workers. However, the Committee notes that section 99 of the Labour Law has not been amended and there is no provision allowing all labourers, Kuwaiti and non-Kuwaiti alike, the right to form trade union organizations. Therefore, the Committee urges the Government to amend section 99 of the Labour Law and take all necessary measures in law and in practice to ensure that all migrant workers enjoy the right to form trade unions without distinction whatsoever.

Domestic workers. In its previous comment, noting that section 5 of the Labour Law excludes domestic workers from its scope and Law No. 68 of 2015 on Employment of Domestic Workers does not contain any provisions on their right to organize, the Committee urged the Government to revise its legislation to ensure the full recognition in law and in practice of the right of domestic workers to establish and join organizations. The Committee notes with regret that the Government merely reiterates that Law No. 68 of 2015 protects the rights of domestic workers but fails to provide any information on the measures taken to recognize, in law and in practice, their rights under the Convention. The Committee reiterates its previous request and expects the Government to provide information on all measures taken in this regard.

Article 3. Restrictions to the right to draw up union constitutions and rules. In its previous comments, the Committee urged the Government to amend the model rules included in Ministerial Order No. 1 of 1964 which contained conditions for union membership that were incompatible with the Convention. The Committee notes the Government’s indication that the Ministerial Order has been repealed by Administrative Decision No. 846 of 2015 and notes the new guiding rules contained under Administrative Decision No. 1470 of 2015, both of which have been submitted with the Government’s report. The Committee observes that article 8 of Administrative Decision No. 1470 of 2015 mandates organizations to submit reports of meetings of their general assembly and board of directors to the competent authority for the issuance of a certificate, entailing a risk of interference in the internal administration of organizations by public authorities, which is incompatible with the Convention. In view of the above, the Committee requests the Government to amend Administrative Decision No. 1470 of 2015 and to take all necessary measures to ensure that the model rules therein are in conformity with the Convention.

Financial administration of organizations. The Committee notes that, in response to its request to review section 104(2) of the Labour Law that prohibits trade unions from investing their funds in financial, real estate and other speculation, the Government indicates that the restrictions under section 104(2) exist for public interest. In this regard, the Committee once again recalls that legislative provisions that restrict the freedom of trade unions to administer, utilize and invest their funds as they wish for normal and lawful trade union purposes, including through financial and real estate investments, are incompatible with Article 3 of the Convention, and that the control exercised by public authorities over trade union finances should not go beyond the requirement for the organization to submit periodic reports. It therefore once again urges the Government to review section 104(2) of the Labour Law in order to allow trade unions to freely administer and invest their funds in accordance with Article 3 of the Convention.

Overall prohibition on trade union political activities. In its previous comment, the Committee urged the Government to revise section 104(1) of the Labour Law to allow for legitimate political activities of trade unions The Committee notes the Government’s indication that the prohibition prevents trade unions from deviating from their primary purpose of protecting workers and pursuing workers’ rights. The Committee recalls once again that the right of trade unions to organize their activities includes the right to organize protest action, as well as certain political activities, such as expressing support for a political party considered more able to defend the interests of members (see the 2012 General Survey on the fundamental Conventions, paragraph 115). Sweeping bans on trade union political activities give rise to serious difficulties with regard to the exercise of these rights and are therefore incompatible with the Convention. Noting with regret that the Government has not taken any measures in this regard, the Committee reiterates its previous request and expects the Government to provide information on all measures taken to that end.

Compulsory arbitration. In its previous comments, the Committee requested the Government to amend section 131 of the Labour Law which gives the Ministry of Labour the power to intervene in a labour dispute without the request of the parties to the dispute and submit the dispute to the arbitration tribunal or the conciliation commission, and section 132 of the Labour Law which prohibits strikes during such proceedings initiated due to the intervention of the Ministry. The Committee notes the Government’s indication that sections 131 and 132 are an exception aiming to safeguard the interests of society and to ensure the functioning of public utilities in order to maintain social peace, and further that all sections of the Labour Law are being examined in consultation with social partners. The Committee recalls once again that recourse to compulsory arbitration to bring an end to a collective labour dispute and a strike is only acceptable when: (i) both parties to the dispute agree; or (ii) the strike in question may be restricted or even prohibited, which is limited to: (a) cases concerning public servants exercising authority in the name of the State; (b) conflicts in essential services in the strict sense of the term; or (c) situations of acute national or local crisis (see the 2012 General Survey on the fundamental Conventions, paragraph 153). Therefore, the Committee requests the Government to amend sections 131 and 132 of the Labour Law in consultation with social partners, and to inform it of any developments in this regard.

Dissolution of executive boards. In its previous comments, the Committee requested the Government to amend section 108 of the Labour Law, which provides that an organization’s board of directors can be dissolved by judicial order, in case the board engages in an activity that violates the provisions of the Labour Law or “laws relevant to the preservation of public order and morals”. The Committee notes the Government’s indication that dissolution is done only through a ruling of the court and that the law lays down conditions for filing a lawsuit, namely a violation of the law or of public order or morals. The Committee recalls once again that a violation of “public order or morals” as a ground for filing a lawsuit is too broad and vague and could subject the executive board of the organization to an excessive amount of control by the Ministry, entailing a serious risk of interference in the organization’s internal administration. While noting the Government’s indication that no cases have been filed thus far under section 108, the Committee recalls the need to ensure nonetheless that national legislation is in conformity with the Convention. The Committee thereforeonce again requests the Government to take the necessary measures to revise section 108 of the Labour Law, in order to make it compatible with the guarantees provided in the Convention and to provide information on all measures taken to that end.

Articles 2 and 5. Limitation to a single confederation. In its previous comments, the Committee requested the Government to amend section 106 of the Labour Law which provides that “there should not be more than one general union for each of the workers and employers”. The Committee notes that the Government reiterates that this provision was a demand by workers’ representatives to protect the unity of the labour movement and avoid its division and dispersal. The Committee recalls once again that although the Convention does not make trade union diversity an obligation, it does require this diversity to remain possible in all cases and at all levels. Although it is generally to the advantage of workers and employers to avoid proliferation of competing organizations, trade union unity directly or indirectly imposed by law is contrary to the Convention (see the 2012 General Survey on the fundamental Conventions, paragraph 92). Therefore, the Committee once again requests the Government to take necessary measures to amend section 106 of the Labour Law to ensure the right of workers and employers to establish organizations of their own choosing at all levels, in particular the possibility of forming more than one confederation (general union). The Committee requests the Government to provide information on any developments in this regard.

The Committee is raising other matters in a request addressed directly to the Government.