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

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

1. Access of women to particular occupations. The Committee again draws the Government’s attention to its repeated comments on the under-representation of women in particular occupations under the Government’s control. The Committee recalls the Government’s statement from its report to the Committee on the Elimination of Discrimination against Women (CEDAW) that, “for a variety of reasons” Kuwait has laws ruling out the possibility of women working in certain posts in the military, the police, the diplomatic corps, the Administration of Justice Division and the Department of Public Prosecutions (CEDAW/C/KWT/1–2, 1 May 2003, page 25). Given such statements, the Committee continues to regret the Government’s insistence that national legislation and the agencies responsible for public appointments do not violate the principle of equality. It reminds the Government that under the Convention, a State undertakes to pursue a policy of equality of opportunity and treatment in respect of employment under its direct control and that any exclusions from occupations contrary to the Convention should be repealed (Article 3(c) and (d)). The Committee asks the Government to indicate the legal basis for excluding women from certain posts in the abovementioned occupations and asks the Government to report on progress made with regard to removing any exclusions contrary to the Convention. The Government is further asked to examine and take measures to overcome the practical barriers that exist in society that prevent women from accessing certain posts and careers, and to pursue a policy of equal opportunity and treatment for men and women in occupations under its direct control. Please also provide statistics on the number of men and women in all the different posts of the military, police, diplomatic corps, Administration of Justice Division and Department of Public Prosecutions.

2. Discrimination on the basis of race, colour and national extraction. In response to the Committee’s previous comments on discrimination on the basis of race, colour and national extraction, the Government indicates that it has taken measures to prohibit discrimination against all workers. The Committee regrets, however, that the Government does not supply any concrete information on the measures adopted to prevent such discrimination in practice and the outcome of these same measures. In the absence of any further information on the activities undertaken, the Committee remains concerned about the Government’s commitment to put in place effective measures to ensure that no person, including foreign workers, is subjected to discrimination and unequal treatment on the basis of race, colour or national extraction. The Committee stresses the importance of taking action on this matter, particularly in light of the high number of foreign nationals from different ethnic and racial backgrounds working in Kuwait. The Committee again hopes that the Government will make every effort to include detailed information in its next report on the practical measures taken or envisaged to prevent discrimination against all workers on the basis of race, colour and national extraction in regard to employment and occupation, including measures to foster public understanding and acceptance of the principles of non-discrimination and equality. In addition, recalling the information provided by the Government in its previous report, the Committee also asks to be kept informed on any developments in amending the Penal Code to include express provisions concerning racial discrimination.

3. Application of the Convention to domestic workers. In response to the Committee’s comments on the protection of domestic workers from discriminatory treatment, the Committee notes that the Government repeats information previously submitted on the regulation of domestic service agencies (Act No. 40 of 1992). The Government recalls that this legislation specifies the rights of domestic workers including the commitment of the guarantor to provide the accommodation, clothing, food, medical care and payment of agreed wages. Domestic workers also have the right to submit a complaint against the employment agency of the guarantor. The Committee continues to observe, however, that the Act does not appear to include provisions prohibiting discrimination against domestic workers either in terms of their access to employment or their conditions of work. It further recalls the explicit exclusion of domestic workers from the scope of application of the draft Labour Code (section 5). The Committee, therefore, continues to be concerned about the absence of legal measures or practical steps taken to address discriminatory treatment against migrant workers in Kuwait and asks the Government to provide detailed information in its next report on the specific action it has taken or is considering in this regard. The Government is also requested to include information on the number and outcome of complaints of discrimination submitted by domestic workers under Act No. 40 of 1992 against their employment agencies or guarantors. Please also provide information on the status of the draft Labour Code and whether the Government is considering including domestic workers within the scope of the law. Lastly, the Committee understands that an inter-regional forum on expatriate labour was planned for early 2007 and it asks the Government to provide information on the deliberations and outcomes of this forum, in particular with regard to the issue of discrimination and domestic workers.

4. National policy. The Committee once again draws the Government’s attention to Articles 2 and 3 of the Convention, which require the Government to declare and implement a national policy designed to promote equality of opportunity and treatment in employment and occupation with a view to the elimination of any discrimination on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin. It recalls that the effective application of such a policy requires the implementation of specific measures and programmes to promote genuine equality in law as well as in practice, and correct de facto inequalities which may exist in training, employment and conditions of work. The Committee hopes that the Government’s next report will be able to show progress in the development and application of a national policy, and asks to be kept informed in this regard, in particular of the results achieved of any specific measures and programmes undertaken.