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

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

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.