Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Kuwait (Ratification: 1966)

1. The Committee notes the information contained in the Government's report, including the detailed statistical data on the number and distribution of men and women participating in vocational training courses offered by the General Agency for Practical Education and Training, and the number and types of diplomas issued, showing the evolution of female vocational training over the last ten years.

2. With regard to the measures taken to ensure equal access to employment in the judiciary, the Committee notes the Government's statement that "no members of religious minorities are employed in the judiciary" and that women employees work as legal assistants or hold managerial posts of "lesser importance". The Committee notes the Government's explanation that the exclusion of women from certain posts within the judiciary is due to factors such as traditions and the responsibilities of each post which must respond to the public interest; the Government refers to Article 1, paragraph 2, of the Convention in indicating that these constitute inherent requirements of such posts. However, the Committee recalls that any limitation within the context of Article 1, paragraph 2, must be based on the actual characteristics of the particular job, and be a reasonable and bona fide occupational requirement of the job. The Committee requests the Government to take measures to ensure that the exclusion of women is not carried beyond the limits envisaged by this Article (see paragraph 127 of its 1988 General Survey on Equality in Employment and Occupation).

3. The Committee notes with interest the statistics provided on the number of government employees in ministries and departments, disaggregated by sex, nationality and occupational group. It appears that eight women and 182 men hold senior posts in the "Executive Occupation Group", whereas almost equal numbers of men and women hold posts in the "General Occupation Group". Recalling paragraph 110 of its above-mentioned General Survey and the threat to genuine equality of phenomena such as vertical occupational segregation, the Committee asks the Government to indicate in its next report whether it intends to take any affirmative action measures so as to promote career opportunities for women in government service. See also, in this respect, paragraphs 161 and 166 to 169 of the 1988 General Survey, in which the Committee points out that implementation of the Convention implies the adoption of affirmative action measures to correct de facto inequalities in all fields concerning employment and occupation.

4. The Committee notes the Government's statement that the term "Bedoun" (stateless persons) is, by virtue of a 1982 Council of Ministers' Decision, no longer to be used to designate this group of non-Kuwaiti residents which, according to information available to the Committee, number 138,370 people. According to the 1982 Decision, every person without Kuwaiti nationality should be considered as a non-Kuwaiti, but the Government indicates that it takes into consideration the special situation of this group and "treats it with tolerance", calling on their services when needed. The Committee requests the Government to transmit detailed information on the concrete measures taken in practice to eliminate possible discrimination and to promote equality in access to vocational education and employment, and terms and conditions of employment for the non-Kuwaitis ("Bedoun"), providing, for example, statistical data on their educational opportunities and on the jobs they hold in the private and public sectors.