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

Individual Case (CAS) - Discussion: 2009, Publication: 98th ILC session (2009)

The Government provided the following written information in reply to the latest observation of the Committee of Experts.

Access of women to specific occupations

The Government reiterated its commitment to the provisions of the Convention at the legislative and practical level, with respect to women’s access to specific occupations, and indicated that women occupied posts in all freedom and without any discrimination between them and men. National laws did not exclude women from work from any post as article 29 of the Constitution prohibited, inter alia, any discrimination on the basis of sex. On 2 April 1992, the State of Kuwait signed the United Nations Convention on the Elimination of all Forms of Discrimination against Women. Decree No. 24 of 2002 was promulgated, and officially published in the Official Gazette, and thus the Convention acquired the force of law, in accordance with article 70 of the Constitution. Kuwait’s judiciary did not spare any effort in making women acquire their rights guaranteed by the Constitution, and in rendering decisions on the unconstitutionality of legislative texts which might diminish any of these rights.

In practice, at the government level, women occupied leading positions within the State, ranging from the position of director of a department and that of a minister. Women also worked in all freedom in the diplomatic corps (Ministry of Foreign Affairs) in addition to holding the post of an ambassador in Kuwaiti diplomatic missions abroad, the President of the Mission of the Cooperation Council of Information in Brussels, as well as the post of the Permanent Representative of the State of Kuwait at the United Nations, which was reflected in the statistics communicated by the Government. Many women worked at the Ministry of Justice in different positions. They also worked as investigators in the Public Department of Investigations, which was equivalent to a position in public prosecution. Women were also employed in the Department of Fatwas (formal legal opinions) and legislation, attached to the Council of Ministers, in their capacity as a state lawyer, who was in charge of defending the Government, in cases for, and against it. Kuwait’s legislation provided the same treatment to women as her male counterparts, with respect to administrative and financial privileges. Recently, a first group of police women graduated, which indicated that women started working in the police force, like their male counterparts, in application of the principles of the Convention. Statistics on the number of women employed at the Ministry of Defence indicated that women were not excluded from working in the army: about 70 per cent of the number of employees in support services at the Ministry of Defence were women. Many women also worked at military camps and units, in types of employment of a civil and technical nature such as engineers, doctors and administrative staff.

Furthermore, the Public Fire Extinguishing Department would in the near future welcome the first graduates group of firewomen. These trends were reflected in the Majlis El Ummah (National Assembly) elections (2009), during which the Kuwaiti people elected women to the National Assembly, who represented now about 8 per cent out of the overall number of Members of Parliament.

Discrimination on the basis of race, colour and national extraction

The Government referred to article 29 of the Constitution which prohibited discrimination between citizens on the basis of race, colour or national extraction. Following Kuwait’s commitment to upgrading its legislation to international standards, the Government was currently revising some laws, including the Penal Code, and was currently preparing new texts which specified clearly the prohibition of discrimination in employment and occupation. Information on any progress made on this matter would be communicated by the Government in due course.

Application of the Convention to migrant domestic workers

Act No. 40 of 1992, on the regulation of domestic service agencies applied to domestic workers and to workers in a similar situation. The regulation of this work was aimed to impose constraints and rules by the competent authorities so as to stop the exploitation of domestic workers by employers and abusive practices with respect to payment of wages. The Act contained sections which specified the conditions and procedures for granting permits and penalties imposed on persons found in violation. Implementing orders also specified the strict procedures for granting permits to and showing the obligations of employment agencies towards domestic workers and employers. A ministerial order specified the need to raise the threshold of financial guarantee for the person requesting the permit for a validity period of six months. Currently, there was a Bill which specified the quadrupling of the financial guarantee.

It was worth noting that the relevant bodies in the State had formulated a mandatory model contract which regulated the relationship between domestic workers and employers and included the provision of suitable housing to workers, living comforts such as food, clothing and medical care, besides specifying the value of his/her wages, working hours, paid weekly rest hours, and annual holidays, and other matters which were in the worker’s interest. Additional privileges were included in the revised model contract.

In collaboration with the Sri Lankan Embassy in Kuwait, the Government provided assistance to 222 domestic workers and their families in leaving the country at the Government’s expense, so as to facilitate their situation. The necessary measures were currently being carried out so as to settle the situation of another group of workers at the expense of the State of Kuwait, which included 26 Filipino workers, 15 Ethiopian workers and 200 Indonesian workers.

There were 1,130 complaints submitted by domestic workers against employment agencies and employers. The Government was currently preparing statistics on the penalties imposed against employers and heads of employment agencies found in violation.

National policy

The Government pointed out that, being a Muslim nation, the provisions of the Constitution and the principles of equality which were espoused by the Kuwaitis were based on the principles of Muslim precepts. Several government bodies in the State put to effect these principles, according to the mandate of each body. For example, the Ministry of Information, through the official television channel of the State, diffused several awareness-raising programmes so as to fight discrimination in all its forms. The Ministry of Religions Endowment and Muslim Affairs also launched campaigns which encouraged and highlighted the principles of equality and non-discrimination between peoples of different nationalities and religious creeds.

Requesting ILO technical assistance

The Government reiterated its request for high-level technical assistance on the issue of bringing into conformity the legislation currently into force with the provisions of the Convention, and on the need to examine the upgrading of new legislation, which would ensure the application of the provisions of the Convention.

In addition, before the Committee, a Government representative stated that, in response to the observations made by the Committee of Experts, his Government had submitted the required report, reiterating its commitment to all international Conventions on eliminating discrimination, particularly against women. Many issues had been tackled. With regard to the issue of women’s access to certain occupations, it should be stated that national legislation did not exclude women from any occupations. Women worked with the Ministry of Justice as investigating officers in the Department of Public Prosecutions, which was the equivalent of the post of public prosecutor. Women also held posts in the diplomatic corps and in the military, as well as in the public fire-fighting department. They participated in political activity through exercising the right to stand for election in the Municipal Council and the National Assembly, where they occupied 8 per cent of seats. Women were not excluded from the army either; around 70 per cent of all employees in support services in the Ministry of Defence were women.

With regard to discrimination based on race, colour or national extraction, the Government drew attention to article 29 of the Constitution which prohibited any form of discrimination among citizens based on these grounds. Owing to Kuwait’s commitment to improving legislation and its compliance with international standards, the Government was in the process of amending certain laws, such as the Penal Code, and drafting new texts that clearly stipulated the prohibition of any form of discrimination regarding employment and occupation. Information on the progress that had been made in this regard would be communicated by the Government in due course. With regard to the issue of equality of access of women in vocational training, employment and occupation, a programme to reorient workers to work in the private sector trained 7,190 women compared with 5,479 men between 2001 and 2009. Regarding stereotyped views of women’s roles within the family and employment, the Government drew particular attention to the provision of measures that promoted women’s access to the labour market, such as maternity and parental leave. With regard to the application of the Convention to migrant domestic workers, Act No. 40 of 1992, the related regulations and the model employment contract were binding. They contained provisions that guaranteed the rights of migrant domestic workers.

On the issue of national policy, the Government, noting that Kuwait was a Muslim nation, emphasized that the principles of equality and of non-discrimination according to race, colour or national extraction were among the founding principles of Islam. Many state institutions applied those principles. The Ministry of Information, through the official television channel, broadcast a number of programmes to raise awareness, in order to combat discrimination in all its forms. The Ministry of Awqaf and Islamic Affairs also organized campaigns to promote and emphasize the principles of equality and non-discrimination among people of different nationalities and with different religious beliefs.

To conclude, he emphasized Kuwait’s continued commitment to collaborating with the Organization in order to bring its legislation into conformity with the provisions of the Conventions the country had ratified, particularly Convention No. 111. He reiterated the request for technical assistance regarding international labour standards, so that Kuwait could benefit from ILO expertise in that regard.

The Employer members noted that certain laws in Kuwait appeared to prohibit women from working in certain functions in the military, the police, the diplomatic corps, the Administration and Justice Division, and in the Department of Public Prosecution. According to information provided orally to the Committee by the Government, national laws did not exclude women from any post, as the Constitution of Kuwait prohibited discrimination on the basis of sex. National legislation, including the Penal Code, was under revision, to prohibit discrimination in employment and occupation. This information has not been verified as it was not provided in time for review by the Committee of Experts. The Government had also indicated that, in practice, women occupied positions in the occupations previously mentioned. Again, it was not clear whether women worked in all posts or were restricted to work in certain functions within these occupations. The Employer members reminded the Government that Convention No. 111 required member States to pursue a policy of equality of opportunity and treatment in respect of employment under its direct control. Any remaining exclusions in law and in practice which were contrary to the Convention should be eliminated. The Committee of Experts had noted with regret that the Government had again failed to supply concrete information on measures taken to prevent discrimination on the basis of race, colour, national extraction, and in respect of the impact of such measures. Noting the Government’s statement that it intended to draft legislation prohibiting discrimination in employment and occupation, the Employers encouraged the Government to put in place measures to prevent discrimination on these grounds. The Employers hoped that the Government would provide information to the Office regarding the progress made on these issues.

The Worker members recalled the key points of the Committee of Experts’ observation. It had firstly dealt with the lack of information on the implementation of Article 2 of the Convention requiring member States to pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof. The second point dealt with the under-representation of women in certain government-related professions, due to the fact that the legislation prohibited, in contradiction with Article 3 of the Convention, women to hold certain positions in the armed forces, the police, the diplomatic corps and the administrative and Justice Division. Third, the Committee of Experts had emphasized that information was not available to verify whether national legislation and practice were in conformity with the obligation to eliminate all discriminations based on race, colour and national extraction in employment or occupation. Fourth, the Committee of Experts had remarked on the absence of protection for domestic workers, who represent an important part of Kuwait’s foreign workers.

Generally, due to the lack of cooperation by the Kuwaiti Government, hardly any information was available. The Committee of Experts had repeatedly requested the Government to submit comprehensive information on the legislation and anti-discrimination policy, the measures taken or envisaged to eliminate all forms of discrimination and to promote equality of opportunity, the implementation of policies, workers’ complaints of discrimination, especially brought forward by domestic workers etc. Those requests had, however, not been followed up. Furthermore, the information provided by the Government during this session was not helpful. All this appeared to aim to disguise the lack of will to sincerely combat distinctions, exclusions or preferences based on race, colour, sex, religion, political opinion, national extraction or social origin. Though the Committee of Experts had highlighted the problems in relation to discrimination based on sex and on discrimination affecting foreign workers, it would also be useful to receive complementary information on other types of discrimination and on the measures taken by the public authorities to address these issues.

Especially in light of the high number of foreign citizens and the different ethnic and racial origin of workers in Kuwait, this situation gave reason for concern. The public authorities had to become truly engaged in the elimination of all types of discrimination. A major focus for this engagement was the protection of domestic workers who were very often foreign citizens and of which two-thirds were women. Those workers were particularly vulnerable since they were excluded from certain social security protection and from the coverage of the labour law. In addition, the labour inspection services had difficulties controlling the application of legislation in this respect. The vulnerability further existed because of the recruitment system based on a system of sponsorship (kafala) which ties the migrant worker’s visa to a specific employer, discouraging them from filing a complaint in case of violation of their rights. The Committee of Experts had also recalled that domestic workers were particularly vulnerable due to the multiple forms of discrimination caused by the individual character of the employment relationship, the lack of legislative protection, sexism and the undervaluation of this type of employment.

In this respect, it had to be noted that due to the limitations imposed on trade union rights, there was a risk that the vulnerability of these workers would increase. Having read the Committee of Experts’ observation on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Worker members welcomed that the restrictions imposed on foreign workers to affiliate with trade unions seem to have been removed. The Committee of Experts nevertheless asked the Government to amend section 5 of the draft Labour Code, which excluded domestic workers from its scope of application, or to indicate how their right to freedom of association was guaranteed.

It was regrettable that for the third time, the Committee of Experts had to ask the Kuwaiti Government to provide a minimum amount of information, as this undermined an in-depth evaluation of the situation concerning discrimination in regard to access to employment and vocational training. Despite this lack of information, the Committee of Experts had been able to draw up precise conclusions to which the Worker members fully subscribed. They further drew attention to the importance of trade union rights, a fundamental pillar for the protection against discriminations and unjustified inequalities. Finally, they emphasized the necessity to implement campaigns aimed at informing workers about their rights and the possibilities offered to them to seek recourse, with special attention to migrant workers and domestic workers and by observing the fact that women had a double risk to be discriminated against: as women and as migrants.

The Employer member of Kuwait stated that the allegations that Kuwaiti laws prohibited women from accessing certain posts, were baseless. Such allegations should not be formulated against a State where women had access to high-level ministerial, parliamentarian and diplomatic posts. The progress made might not be fast, but it was being achieved in a careful and continuous manner. He emphasized that there were no obstacles inhibiting women from accessing different posts in the private sector. They were occupying the posts of governing body director or director-general in various companies. If any discrimination existed in Kuwait, its incidence would not be higher than in developing or developed countries. In certain cases, the media may have highlighted certain social circumstances but these were exceptions rather than the rule. It was indicated that a draft Labour Code was being developed with the social partners who were conscious about respecting the principle of non-discrimination when drafting the law.

In conclusion, he made reference to the comments of the Committee of Experts relating to discrimination of migrant workers. He indicated that these comments were baseless, with the exception of certain individual cases to which the Kuwaiti media and workers’ organizations had given particular attention so that justice could be done.

The Worker member of Kuwait stated that the General Union of Kuwaiti Workers agreed with the position of the Government that the national legislation did not exclude women from accessing certain posts. If certain activities had a low participation rate of women, this was due to social considerations. Moreover, women had always actively participated in union activities in the country. They occupied leadership posts within the trade union movement, which had a committee for women workers.

With regard to the fifth point raised by the Committee of Experts with respect to migrant workers, problems existed. Migrant workers were in need of greater legal protection guaranteeing their rights. The draft Labour Code included 45 amendments particularly relating to the employment contract, the minimum wage and paid holidays. Thirty-five amendments had been approved, and if the bill were adopted, it would certainly bring adequate solutions to problems concerning migrant workers.

He specified that the General Union of Kuwaiti Workers had a counselling bureau to provide legal assistance in cases of complaints received from migrant workers. There was also a web site on this subject which published all the legislation relating to labour rights and the rights of migrant workers. He asked the Government to increase its awareness-raising programmes concerning issues faced by migrant workers.

In conclusion, it was indicated that the problem of migrant workers concerned both receiving and sending States. The supervision of agencies recruiting foreign workers should be strengthened. It was also important to put in place programmes and training workshops on labour rights and on the traditions and customs of the country with a view to sensitizing these workers to the national context.

The Worker member of India, focusing on the plight of women domestic workers in Kuwait, stated that thousands of workers from different countries of the world, including India, were working in Kuwait – especially women working as domestic servants. Women domestic workers in Kuwait were often discriminated against, exploited and even abandoned. They faced arbitrary detention and abuse from the authorities as well as from their employers and they were deprived of a wide range of their fundamental human rights. They did not enjoy protection under labour laws as section 5 of the draft Labour Code excluded domestic work. Their employers often confiscated their identity documents and their salary was often delayed or withheld. They also faced sexual harassment and other forms of violence by their employers. The Government of Kuwait had to accelerate its efforts to protect foreign workers.

Poor women had considerable difficulty in obtaining assistance to resolve disputes with employers. Seeking redress through the courts put a heavy financial burden on those in lower income brackets. Once detained, the poor women found themselves deprived from access to translators or lawyers, and had little or no idea of why they had been detained and when they might be released or returned home. A case involving the repatriation of a Filipino worker, the case of Mary Ann K. of 2004, was a well known example covered by the media. Ms K had threatened her employer that she would complain about her pay situation, and her employer, seeing her talking to a male friend, handed her to the police who maltreated her. Lacking a lawyer, she had been interrogated and appeared before court without legal assistance.

He was pleased that the Government had initiated certain measures, but the gap between legal provisions and practical implementation continued to be wide, as the measures were only slowly implemented and inadequate. The current system of permits and sponsorship had to be stopped and the final employer had to be charged with the overall responsibility to avoid exploitation by sponsors acting as middle men. He welcomed the move of the Government in this direction and hoped to see its expeditious implementation. Since foreign workers, making up the bulk of the workforce, still risked deportation if they attempted to organize unions or to go on strike in particular, he demanded that domestic servants should be given the right to organize and to establish trade unions and the barrier of five years had to be lifted. Further, migrant workers had to be informed about their labour and human rights. The Government should work closely with embassies of the sending countries to protect foreign workers, to review laws discriminating against migrant workers, to impose stringent penalties on employers confiscating passports of their foreign workers, to cover all foreign workers by medical insurance paid by the employer, provide workers with a smartcard identification containing all details about them, operate a toll-free number for workers to report complaints, create a labour protection administration for migrant workers, appoint labour officers to deal with workers’ complaints, set up official recruitment offices and cut out all middle men.

Sending countries also had to be more proactive. Most embassies from Asian countries were poorly staffed, and positions were often on a part-time basis only. Trade unions were also asked to improve the situation by establishing a migrant helpdesk, as had been done by the Union Network International Malaysia Liaison Council (UNI–MLC) organizing migrant shelters for workers that fled their employers because of abuse or harassment and by increasing cooperation between trade unions in sending and receiving countries. In this regard, he welcomed the Memorandum of Understanding concluded between India and Kuwait which required the employer in the host country to issue the worker, after arrival in Kuwait, within two months, a work permit together with the documents presented at the time of application and a copy of the authenticated employment contract. The Memorandum further provided that the parties, in coordination with the authorities concerned, would cooperate to take appropriate steps for the protection and welfare of workers not covered by the labour law of Kuwait, India and the United Arab Emirates. Next year he looked forward to receiving information on the progress made.

The Worker member of Poland noted that, according to the International Trade Union Confederation (ITUC) survey, Kuwait was one of the countries in the Middle East that created a “dark region on the map of trade union rights violations”. The situation particularly affected migrant workers, who constituted 80 per cent of the labour force and were therefore essential to the country’s economy, but who lived and worked in appalling conditions.

These people did not leave their own country and move to another because they wanted to live in paradise, but because they were forced to do so; they hoped that finding jobs in other countries would help both themselves and their families to survive. Not only the families but also some of the home countries were dependent on the remittances sent by the migrant workers. Those remittances encouraged governments to continue sending people, regardless of the conditions in which they would have to work. It was unacceptable, however, that the recipient countries abused the situation by exploiting people.

The migrant workers were insufficiently remunerated, sometimes denied their freedom of movement, excluded from social insurance schemes and often deprived of their right to rest. The workers were also unable to establish union organizations within the single trade union system. There was a lack of information and statistical data on the situation and legal status of non-Kuwaiti women, including migrant domestic workers, particularly with regard to their employment conditions and socio-economic benefits. Stereotypes regarding gender roles and certain types of employment still existed.

Although the number of non-Kuwaiti nationals exceeded the number of Kuwaiti citizens in the country, they still had no legislative protection and were deprived of trade union rights. The majority of migrant workers in Kuwait were women who should be protected against discrimination in all fields of employment under Convention No. 111. In that regard, there was concern over the absence of legal measures taken to address the discriminatory treatment of migrant domestic workers, as no such measures existed in either the Regulation of Domestic Service Agencies or the Labour Code. The Government’s explanation that migrant domestic workers had been excluded from the draft Labour Code owing to the difficulty of applying certain provisions to those workers was not satisfactory.

The Government was encouraged to take the following steps: the protection of migrant workers should be included in the Labour Code, including the elimination of forced labour practices, and information should be provided on the steps taken; special provisions should be stipulated in the Penal Code in order to sanction the perpetrators of discrimination; the right to join trade unions should be extended to include migrant workers, in accordance with Convention No. 87; the terms of employment and working conditions of migrant workers should be improved through, inter alia, strengthening the resources of the labour inspectorate to ensure that employers who failed to observe the terms of employment and safety regulations were sanctioned; women and migrant workers should be informed about their rights; and public officials, particularly law enforcement officials, should be fully sensitized in order to foster public understanding and acceptance of the principles of non-discrimination and equality.

The speaker welcomed the fact that the Government had provided assistance to some domestic workers from Sri Lanka, but information was still needed on the situation of those people, as it seemed that the Government simply waited for the situation to worsen to such a degree that the workers had to return home. The Government was therefore encouraged to establish broader cooperation with home countries and take responsibility to protect sufficiently all migrant workers from discrimination. In that regard, the Government should also monitor recruitment agencies to ensure that they acted in a fair manner.

The speaker concluded by recommending that the Government should improve national legal and administrative measures to guarantee migrant workers the rights enshrined in the Convention, not only in law but also in practice.

The Government representative of Kuwait indicated that he had taken note of the different recommendations made and that the Government was determined to implement the provisions of the Convention, especially since its labour laws were currently being amended.

On the question of women’s access to certain occupations, it had to be clarified that no profession was forbidden for women neither by the Constitution, nor by the national laws. A first group of female police officers recently graduated which indicated that women, like their male counterparts, had started working within the police force, in accordance with the principles of the Convention. Concerning migrant workers, it was reported that they constituted 70 per cent of the population and their rights were guaranteed, particularly in the case of domestic workers who received, inter alia, housing, medical care and legal assistance free of charge in cases of conflict with the employer. A centre for the provision of medical, psychological and legal assistance to these workers was set up in collaboration with their respective embassies.

In addition, he pointed out the existence of bilateral agreements with several countries, including India. Indian workers constituted half of the population of Kuwait and their rights were guaranteed, particularly since they required prior authorization from their embassy before coming to Kuwait. Implementing decrees provided strict procedures for granting work permits and determined the obligations of employment agencies towards domestic workers and employers. It was also strictly forbidden by law to confiscate the passports of migrant workers. Brochures on the recruitment procedures were available in seven languages so as to advise workers about their rights and a special hotline was available to receive complaints against certain abusive practices.

The Employer members, while appreciating the Government’s request for technical assistance from the Office, found that it was not clear from the information provided whether the Government was in compliance with the requirements of the Convention, especially regarding the right for women to work in all posts in the police, the military, judiciary and legal services; whether sexual harassment by the employer was prohibited; and whether women had access to all educational and training institutions. They hoped that the Government in its next report would show progress in each of the areas that had been discussed.

The Worker members endorsed the comments and requests made by the Committee of Experts. They particularly emphasized the following points: the need to ensure women’s access to all posts in the public sector; the integration in the legislation of effective provisions against discrimination and unjustified inequality; the adoption of specific measures, vis-à-vis both employers and employment agencies, for the protection of domestic workers against discrimination, including means of redress and compensation for victims of discrimination. As the Committee of Experts had rightly pointed out, the difficulties encountered relating to monitoring could not be used as an excuse to evade the requirements of Convention No. 111 and weaken protection against discrimination. It was absolutely necessary to bring the partial initiatives together in a coherent and coordinated national policy with a view to promoting equality of opportunity and treatment in accordance with Article 2 of the Convention. Such national policy had to include campaigns to inform all workers, including foreign and domestic workers, of their rights and possibilities of appeal available to them. It was necessary for these actions to go hand in hand with the extension of trade union rights, especially for domestic workers because it was the essential pillar for protection against inequality and discrimination.

The Government had repeatedly stated its intention to improve national legislation and practice to make them more compatible with Convention No. 111 and to respond to the comments of the Committee of Experts. The Worker members requested the Government to set a strict timetable on this matter and to submit it for examination by the Committee of Experts at its next session in November 2009. They welcomed the willingness expressed by the Government to accept the technical assistance of the Office in this respect.

Conclusions

The Committee noted the statements of the Government, both written and oral, and the discussion that followed. The Committee noted that the Committee of Experts had raised concerns regarding the exclusion of women from certain posts and their under-representation in certain occupations, the absence of effective protection against discrimination on the basis of race, colour or national extraction, the absence of legal and practical measures to protect migrant domestic workers against discrimination, and the absence of a national equality policy.

The Committee noted the statistical information provided by the Government on the participation of women in vocational training and in employment in some state institutions. The Government also provided information on the steps being taken to revise the Labour Code and other laws with a view to, inter alia, addressing discrimination issues. With respect to migrant domestic workers, the model employment contract was in the process of being revised, and efforts had been made to collaborate with sending countries. A centre to assist domestic workers had also been established, as well as a complaints hotline, and preliminary research had been undertaken with a view to reviewing the sponsorship system.

The Committee noted the Government’s commitment to ensuring the full application of the Convention in law and practice, including revising legislation to bring it into line with international labour standards, and welcomed the Government’s request for ILO technical assistance in this regard.

While noting the information concerning the improved access of women to some positions in state institutions, the Committee remained concerned that there continued to be considerable obstacles to women’s access to a number of posts and occupations, including due to stereotyped views regarding the role of women. The Committee urged the Government to remove any existing legal obstacles to women’s access to employment, and to take proactive measures to address the practical barriers to women’s access to education and training opportunities and to certain posts and careers. The Committee also urged the Government to ensure that effective measures, in law and practice, were put into place to protect all persons, including foreign workers, from discrimination on the grounds of race, colour or national extraction. Noting the particular vulnerability of migrant domestic workers, the Committee urged the Government to pursue efforts to ensure more effective protection in law and practice against discrimination of these workers, on the grounds set out in the Convention. It also called on the Government to take steps to ensure all workers, including migrant domestic workers, were aware of their rights relating to non-discrimination, and that there was effective enforcement and access to complaints procedures. The Committee stressed that it was essential that the measures be part of a coherent national equality policy.

The Committee hoped that ILO technical assistance would be provided to enable the Government to apply this fundamental Convention in law and practice. The Committee urged the Government to provide full, objective and verifiable information in its report to the Committee of Experts when it is next due. It expressed the firm hope that such information would evidence that concrete progress had been made in all the areas discussed by this Committee and on all the matters raised by the Committee of Experts.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 1 of the Convention. Migrant domestic workers. The Committee notes that, in its report, the Government reiterates the information provided before concerning the provisions of the Domestic Workers Act (DWA) No.68-2015 and is silent on the measures taken to ensure genuine protection for migrant domestic workers against direct and indirect discrimination on all the grounds set out in the Convention, in particular against sexual harassment, and in all areas of their employment. The Committee further notes that, while welcoming the protections provided to migrant domestic workers under the DWA, the United Nations Committee on Economic, Social and Cultural Rights expressed its concern about continued reports of exploitation and abuse of migrant domestic workers by employers and the lack of enforcement mechanisms in its 2021 concluding observations (E/C.12/KWT/CO/3, paragraph 22). It also refers to its comments published in 2023 on the application of the Forced Labour Convention, 1930 (No.29). The Committee once again asks the Government: (i) to take the necessary measures, in cooperation with the social partners, to ensure genuine protection for migrant domestic workers, in law and practice, against direct and indirect discrimination on all of the grounds set out in the Convention, in particular against sexual harassment, and in all areas of their employment; and (ii) to continue to provide information regarding the number and nature of claims of discrimination in employment and occupation, including sexual harassment, brought by migrant domestic workers to the Department for the recruitment of domestic workers and the Public Authority of Manpower and how they have been addressed.

Article 2. Promotion of equality of opportunity and treatment for men and women. Regarding the situation of women participation in the labour market, the Committee notes the Government statement that women are more concentrated in the public sector (251,892) compared to men (167,513). It also notes that leadership positions are men dominated positions with 156 men compared to 47 women. This is also the same case in supervising positions with 8,393 men compared to 3,462. The Committee further notes that, in the Global Gender Gap Report 2023 of the World Economic Forum, Kuwait is ranked 120 out of 153 countries examined for the economic participation and opportunity for women (in 2022, Kuwait ranked 122). The labour force participation rate reaches 49 per cent for women compared to 87 per cent for men. In managerial and senior positions, women comprise 13.6 per cent, as compared to 86.3 per cent for men. The Committee notes that the Government does not provide information on concrete measures taken to address horizontal and vertical segregation in the labour market, which is a major cause underlying the gender segregation but affirms that women benefit of the same opportunities as men, both in accessing employment as well as training opportunities. It wishes to recall that proactive measures are required to address the underlying causes of discrimination and de facto inequalities resulting from discrimination deeply entrenched in traditional and societal values. In addition, it is also essential that vocational guidance and training measures address horizontal and vertical gender segregation in the labour market by promoting women’s access to a wider range of jobs and training, as well as to jobs at higher levels, particularly in occupations predominantly occupied by men and in sectors where women are less represented, such as Science, Technology, Engineering and Mathematic (STEM), Information and Communication Technology (ICT), construction and trade (2023 General Survey, Achieving Gender Equality, paragraph 340). The Committee asks the Government to provide: (i) information on any proactive measures taken or envisaged to increase the participation of women’s employment in the private sector, including by training women for higher skilled occupations in the formal and non-traditional areas; and (ii) updated statistics, disaggregated by sex on the employment of men and women in the various posts and occupations of the government sectors.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 1 of the Convention. Definition and prohibition of discrimination in employment and occupation. Legislation and practice. With reference to its previous request to the Government to explicitly prohibit direct and indirect discrimination based on race, sex, colour, religion, political opinion, national extraction and social origin, with respect to all aspects of employment and occupation, and covering all workers, the Committee notes once again the Government’ reiterated reference in its report to sections 2, 6 and 46 of Labour Law No. 6 of 2010. The Committee takes note of Ministerial Decision No. 177/2021 (complementing the Labour Law No. 6 of 2010) which prohibits discrimination on the ground of sex, age, pregnancy or social status in all aspects of employment (section 1). While observing that additional grounds of discrimination have been added in legislation, the Committee notes that the Labour Law, as amended, does not: (1) mention all seven grounds of discrimination formally listed in the Convention; and (2) provide a comprehensive definition of discrimination, as well as a prohibition of direct and indirect discrimination, with respect to all aspects of employment and occupation. The Committee once again urges the Government to take the necessary measures without delay to: (i) explicitly prohibit in the Labour Law direct and indirect discrimination based on race, sex, colour, religion, political opinion, national extraction and social origin with respect to all aspects of employment and occupation, including recruitment, and covering all workers; and (ii) ensure that all workers are protected in practice against all forms of discrimination in employment and occupation and provide full information in this respect. In light of the absence of a definition of “social status” in the legislation, the Committee asks the Government to provide information on the interpretation of this ground of discrimination, and if possible, copy of any administrative or judicial decision interpreting the meaning of the ground of “social status”.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee welcomes the adoption of Ministerial Decision No. 177/2021, Prohibiting Discrimination in Employment in the Private Sector and Prohibiting Sexual Harassment in Workplaces (which provides that “sexual harassment in the workplace is prohibited in all its forms and means, including by means of new technological methods”). Regarding the procedure to be followed and penalties applied in cases of sexual harassment, the Committee notes that such Decision refers to sections 198 and 199 of the Penal Code, which state that the penalty for a sexual harassment offence ranges from a fine to imprisonment of up to five years. The Committee notes the Government’s indication that no case of sexual harassment has been signalled during the reported period. In this regard, the Committee wishes to point out that the absence or a low number of complaints regarding sexual harassment does not necessarily indicate that this form of sex discrimination does not exist. Rather, it is likely to reflect the lack of an appropriate legal framework, the lack of awareness, understanding and recognition of this form of sex discrimination among government officials, and workers and employers and their organizations, as well as the lack of access to or the inadequacy of complaints mechanisms and means of redress, or fear of reprisals (see the 2012 General Survey on the fundamental Conventions, paragraph 790). Furthermore, it recalls that criminal provisions are not completely adequate in sexual harassment cases because, inter alia, they do not always provide a remedy to the victim and are very unlikely to cover all forms of conduct that amount to sexual harassment. The Committee asks the Government to ensure that, in addition to the prohibition of sexual harassment, the Labour Law provides for a comprehensive definition that includes both forms of sexual harassment (quid pro quo and hostile work environment) in employment and occupation. It also asks the Government to provide information on: (i) any awareness-raising activities undertaken on sexual harassment in employment and occupation and on the social stigma attached to this issue, directed to workers, employers and their respective organizations, as well as to law enforcement officials; and (ii) the number of complaints of sexual harassment referred to the competent authorities, and their outcome (sanctions imposed and remedies granted). Finally, the Committee encourages the Government to identify and address the causes for underreporting.

Migrant workers. Sponsorship system. The Committee recalls that, pursuant to section 1 of Administrative Decision No. 712/2017 on the transfer of employment for workers in small and medium-sized enterprises (SMEs), a transfer is permitted only within the SMEs sector, after three years of continuous employment and with the approval of the employer. Also, pursuant to section 2 of Administrative Decision No. 842/2015, private sector workers who work on government-contracted projects are permitted to transfer only to another government-contracted project implemented by the same sponsor and only after the end of the contract. Transfer without permission of the employer is permitted only after three years from the issuance of the work permit. If the worker wishes to transfer prior to the end of this period without the consent of the original employer, he or she shall file a complaint with the Public Authority for Manpower (PAM) (Section 6 of Administrative Decision No. 842/2015). The Committee notes that no complaints on discrimination and abuse of migrant workers were recorded during the reporting period. The Committee stresses again that, where a system of employment of migrant workers provides employers with the opportunity to exert disproportionate power over them, this could result in discrimination based on the grounds enumerated in the Convention, including race, colour, national extraction and sex (see 2012 General Survey, paragraph 779). The Committee notes that the Government’s report is silent on any measures taken or envisaged to review the sponsorship system. The Committee urges the Government to take proactive steps and address this issue, for example, by reducing the period before a migrant worker has the right to transfer to another employer without the approval of the current employer. Once again, it asks the Government to take proactive steps to ensure that all migrant workers, including women migrant workers, enjoy effective protection against discrimination on the grounds set out in the Convention, namely race, colour, sex, religion, political opinion, social origin, and national extraction. The Committee also asks the Government to provide statistical information on the number of men and women workers who have submitted complaints against their employers or sponsors regarding discrimination and abuse, and the outcome of such cases, indicating whether they have requested and been granted a change of workplace.

Discrimination on the basis of national extraction. Stateless persons or residents without nationality (Bidoons). The Committee notes the statistical information submitted by the Government according to which 7934 stateless persons were appointed to government Ministries between 2011 and 2023 (2087 to the Ministry of Health, 1022 to the Ministry of Education, and 4825 to the Ministry of Defence). The Committee observes that the Government does not indicate how “illegal residents” (referred as such by the Government) are protected against discrimination in employment and occupation, but only informs on how jobs are being provided for stateless people in response to the needs of the labour market. The Committee further notes the concern expressed by the United Nations Committee on Economic, Social and Cultural Rights, in its 2021 concluding observations, about the slow progress made in the implementation of its previous recommendations regarding the recognition of the status of Bidoon so that they can fully enjoy their economic, social and cultural rights, without discrimination (E/C.12/KWT/CO/3, 3 November 2021, paragraph 16). The Committee asks the Government to indicate whether the stateless persons or residents without nationality (Bidoons), who were appointed in Government Ministries, have since been granted a residence permit or regularized, to ensure that their migration status or lack of documentation do not exacerbate their vulnerability to discrimination in employment and occupation. The Committee also asks the Government to indicate the number of stateless persons or residents without nationality (Bidoons) whose situation has not yet been addressed.

Article 2. National equality policy. The Committee once again asks the Government to take the necessary measures to formulate, in collaboration with employers’ and workers’ organizations, and adopt a comprehensive national equality policy, that is, namely covering: (i) all grounds of discrimination in employment and occupation prohibited by the Convention, (ii) all workers, (iii) all sectors of activity, and (iv) all aspects of employment and occupation. The Committee requests the Government to provide information on any development made in this regard.

Article 5. Special protection measures. Work prohibited for women. Regarding the prohibition of night work for women and work that is hazardous, arduous or harmful to health or violates public morals (sections 22 and 23 of the Labour Law), the Committee notes the Government’s repeated indication that measures applicable to women are limited to maternity protection in the strict sense or based on occupational safety and health risk assessments, and do not constitute obstacles to the employment of women. Noting that the Government’s report does not contain any information in this respect, the Committee urges once again the Government to take the necessary measures to ensure that any restrictions on women’s access to work based on health and safety considerations be justified and based on scientific evidence and, when in place, be periodically reviewed in light of technological developments and scientific progress, to determine whether they are still necessary for protection purposes and do not constitute obstacles to the employment of women.

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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1 of the Convention. Migrant domestic workers. In its previous comment the Committee noted the adoption of the Domestic Workers Act No.68 of 2015 and asked the Government to provide information on: (1) the application in practice of Act No. 68 of 2015; (2) the functions of the Kuwait Home Helper Operating Company; and (3) the gaps regarding the effective protection of domestic workers from abuse, exploitation and violence emphasized by the Committee. The Government indicates that the Domestic Work Department (DWD) was established to deal with issues related to recruitment and placement. Pursuant to sections 31 to 38 of Law No. 68 of 2015, the DWD is mandated to settle disputes amicably. If a settlement is not reached, the dispute is to be referred to the competent court, where all domestic workers are exempt from judicial charges. According to section 37, the Head of the Labour Circuit is responsible for setting the date of the court hearing within one month of the case being filed. The Government also refers to the Council of Ministers’ Decision No. 652 of 2007 that provided for the establishment of a shelter for housing migrant workers, especially domestic workers, who have conflicts with their employers. The shelter provides numerous services, including medical and legal services. Regarding the Kuwait Home Helper Operating Company functions, the Committee notes that this online platform aims to facilitate the registration of potential domestic workers candidates as well as potential employers. The Committee notes that private recruitment agencies by virtue of Law No.68 of 2015 are in charge of recruiting migrant domestic workers. Law No. 68 of 2015 imposes financial sanctions and allows for the revocation of the recruitment license of an agency if recruitment fees are imposed on migrant domestic workers (section 25). The prohibition of charging recruitment fees is also stipulated under sections 4 and 8 of the Law. Regarding the gaps on the effective protection of domestic workers from abuse, exploitation and violence, including sexual harassment, the Committee notes the Government’s indication that following the transfer of the mandate of domestic workers to the Ministry of Social Affairs and Labour and the Public Authority of Manpower in 2015, this latter provides at no cost a lawyer to domestic workers, in collaboration with the national human rights organizations. The Ministry also addresses seriously sexual aggressions, and violations against a domestic worker by informing the aggrieved party of the procedures which need to be taken and facilitating access to a court. The Committee also notes the number of complaints (2,434) submitted to the Department for the recruitment of domestic workers between April-June 2019 without indicating the grounds for these complaints. The Committee further observes that, in its 2017 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed its concern about the “legal gaps in Act No. 68 of 2015 regarding the effective protection of domestic workers from abuse, exploitation and violence, including: the lack of labour inspection mechanisms; weak penalties imposed on labour recruitment firms for abusive practices […] as well as the fact that women migrant workers remain vulnerable to abuse, sexual harassment and forced labour” (CEDAW/C/KWT/CO/5, 22 November 2017, paragraph 36). The Committee asks the Government to take the necessary measures, in cooperation with the social partners, to ensure genuine protection for migrant domestic workers, in law and practice, against direct and indirect discrimination on all of the grounds set out in the Convention, in particular against sexual harassment, and in all areas of their employment. The Committee also asks the Government to continue to provide information regarding the number and nature of claims of discrimination in employment and occupation, including sexual harassment, brought by migrant domestic workers to the Department for the recruitment of domestic workers and the Public Authority of Manpower and how they have been addressed.

Article 2. Promotion of equality of opportunity and treatment for men and women. In its previous comment, the Committee requested the Government to: (1) adopt proactive measures to improve women’s ability to access employment on an equal footing with men; (2) identify the percentage of women in the military and provide statistics on the ratio of women in top military ranks; (3) specify the number of women in leadership positions within the Ministry of the Interior and the police force; (4) clarify whether women and men police officers perform the same functions and tasks; and (5) provide information on the steps taken or envisaged to address horizontal and vertical segregation in the labour market. In its reply, the Government indicates that Kuwaiti women have proved their success in all areas of employment and that their presence and role proved to be extremely useful and important on sensitive issues. There are women engineers who manage among the most important projects in the country. Further, women work as security guards in the Majlis Al Ummah which recently accepted a few women volunteers who undertook studies for one year at the Women’s Police, which is affiliated to the Saad Al-Abdullah Academy for Security Sciences, and who graduated as lieutenants and as assistant officers. Furthermore, the Ministry of Interior includes increasing numbers of women who work in many security units, which are affiliated to the Ministry. The tasks carried out by women in the Ministry of Interior, in addition to the allowances, salaries and bonuses, which they receive, as well as promotions obtained and holidays, are the same as those enjoyed by men. There are also female doctors who are officers in the criminal security department, and whose specialization serves criminal matters. There is no specific percentage of women in the army: at present, there are no women in top military ranks because women have only had access to the army recently. Top positions are not restricted to men but also include women if they meet the position’s requirements, such as years of service and promotion. Officers in the Ministry of Interior carry out the same tasks and duties as those performed by police officers except for the duration of work which ends at 9 p.m. This latter exemption is to safeguard and protect women. Moreover, women are granted maternity leave of 70 days at full pay and an additional leave period at half pay in accordance with the National Military Service Law No.20 of 2015. The Committee notes that the Government does not provide any statistical data in support of its indications that would allow the Committee to monitor progress, nor does it provide information on the measures taken in order to address horizontal and vertical segregation in the labour market. In this regard, the Committee notes that, in the Global Gender Gap Report 2020 of the World Economic Forum, Kuwait is ranked 122 out of 153 countries examined for the economic participation and opportunity for women. The labour force participation rate reaches 58.8 per cent for women compared to 86 per cent for men. In managerial and senior positions, women comprise 13.6 per cent, as compared to 86.5 per cent for men. The Committee recalls that effectively responding to the complex realities and variety of ways in which discrimination occurs requires the adoption of differentiated measures. Proactive measures are required to address the underlying causes of discrimination and de facto inequalities resulting from discrimination deeply entrenched in traditional and societal values (see 2012 General Survey on the fundamental Conventions, paragraph 856). The Committee asks the Government to provide information on: (i) measures taken to ensure that women are provided, in practice, with equal access to non-traditional career paths mainly male dominated; and (ii) steps taken or envisaged to address horizontal (confining women to certain activity sectors and certain occupations, often poorly paid and with no career development perspectives) and vertical (confining women to subordinate posts) in the labour market. The Committee asks the Government to provide statistical information on the participation of men and women in the labour market by sectors, in order to observe any trends over time, including statistical data on the percentage of women in sectors traditionally occupied by men (for example, Ministry of Interior, police forces, fire police, national guards, etc.) and the ratio of women in leadership positions in those sectors.

Statistics. Noting the lack of statistical information in the Government’s report, in particular on the number and proportion of women in the labour force, in both the private and public sectors, the Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and to make any necessary adjustments. Therefore, the Committee calls on the Government to collect and analyse relevant data, including comparable statistics to enable an accurate assessment of changes over time (see 2012 General Survey, paragraph 891). The Committee requests the Government to provide up-to-date data, disaggregated by sex, on the distribution of men and women at all levels of the public and private sector. The Committee reminds the Government of the possibility of availing itself of ILO technical assistance in this regard.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1 of the Convention. Definition and prohibition of discrimination in employment and occupation. Legislation and practice. For a number of years, the Committee has been urging the Government to take the necessary measures to explicitly prohibit direct and indirect discrimination based on race, sex, colour, religion, political opinion, national extraction and social origin: with respect to all aspects of employment and occupation, namely access to vocational training, employment and particular occupations, and terms and conditions of employment; and covering all workers (that is, both nationals and non-nationals, in all sectors of activity, in the public and the private sectors, and in the formal and informal economy). The Government indicates in its report that Labour Law No. 6 of 2010 provides in sections 2 and 6 for the principle of equal treatment for all workers, as section 2 provides that “[t]he provisions of this Law shall apply to all workers in the private sector” and section 6 establishes that, “[w]ithout prejudice to any more advantageous benefits and rights granted to workers in individual or collective contracts, special regulations or by-laws observed by the employer or in accordance with professional or general customs, the provisions of this Law shall represent the minimum level of workers’ rights.” Section 46 provides that: “The service of the worker shall not be terminated without any justification or as a result of his activity in the syndicate or a claim or his legal rights in accordance with the provisions of the law. The service of the worker may not be terminated for reason of gender, race or religion.” The Committee takes due note of section 46 of the Labour Law, which prohibits discrimination in the case of termination of employment on the basis of three grounds, namely gender, race and religion. However, the Committee recalls in this respect that the prohibition of discrimination in employment and occupation must cover all aspects of employment and occupation and encompass the seven prohibited grounds of discrimination listed in Article 1(1)(a) of the Convention. The Committee once again urges the Government to take the necessary measures without delay to: (i) explicitly prohibit in the Labour Law direct and indirect discrimination based on race, sex, colour, religion, political opinion, national extraction and social origin with respect to all aspects of employment and occupation, including recruitment, and covering all workers; and (ii) ensure that all workers are protected in practice against all forms of discrimination, in employment and occupation, and provide full information in this respect.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee recalls that the Government referred in a previous report to sections 191 and 192 of the Penal Code, which establishes the offence, subject to penalties, of “dishonouring another person under threat, by force or deceit”. For a number of years, the Committee has been emphasizing that addressing sexual harassment only through criminal proceedings is not normally sufficient, due to the sensitivity of the issue, the higher burden of proof, which is harder to meet, and the fact that criminal law generally focuses on sexual assault or “immoral acts”, and not the full range of behaviour that constitutes sexual harassment in employment and occupation (2012 General Survey on the fundamental Conventions, paragraph 792). In its previous comment, it therefore asked the Government to adopt provisions: (1) defining and prohibiting both quid pro quo and hostile working environment sexual harassment; and (2) establishing remedies and sanctions. In the absence of further information on these points, the Committee recalls once again that the provisions of the Penal Code do not address the full range of behaviour that constitutes sexual harassment in employment and occupation and that criminal proceedings are not normally sufficient to eliminate sexual harassment in these specific areas. The Committee also recalls that sexual harassment is a serious manifestation of sex discrimination and a violation of human rights, and requires effective measures to prevent and prohibit it, which should address both quid pro quo and hostile environment sexual harassment (2012 General Survey, paragraph 789). The Committee further notes that in its 2017 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the absence of legislation criminalizing sexual harassment in the workplace and recommended the amendment of the Private Sector Labour Act, the Civil Service Act and the Police Force Order Act in order to criminalize sexual harassment in the workplace and ensure effective access to legal redress for victims of sexual harassment (CEDAW/C/KWT/CO/5, paragraphs 36 and 37). In light of the above, the Committee once again urges the Government to take the necessary measures to ensure that a comprehensive definition and a clear prohibition of both forms of sexual harassment (quid pro quo and hostile work environment) in employment and occupation is included in the Labour Law. It also asks the Government to: (i) take preventive measures, including awareness-raising initiatives on sexual harassment in employment and occupation and on the social stigma attached to this issue, among workers, employers and their respective organizations, as well as law enforcement officials, including the respective procedures, compensation and penalties; and (ii) provide information on the number, nature and outcome of cases of sexual harassment in employment and occupation dealt with by labour inspectors, the courts or any other competent authority.

Migrant workers. Sponsorship system. The Committee previously noted that Kuwait’s sponsorship system (kafala), under which the legal status of migrant workers is tied to their employers, who act as their sponsors for obtaining a visa, has not been abolished, and it requested the Government to provide information on the concrete steps taken or envisaged to review the sponsorship system. It notes that the Government’s report is silent on this subject. In this respect, the Committee notes that, in its 2017 concluding observations, the CEDAW recommended the Government to “continue efforts to completely abolish the kafala (sponsorship) system” (CEDAW/C/KWT/CO/5, paragraph 37). The Committee wishes to underline that, where a system of employment of migrant workers places those workers in a particularly vulnerable position and provides employers with the opportunity to exert disproportionate power over them, this could result in discrimination based on the grounds enumerated in the Convention, including race, colour, national extraction and sex (2012 General Survey, paragraph 779). The Committee asks the Government to take proactive steps to ensure that all migrant workers, including women migrant workers, enjoy effective protection against discrimination on the grounds set out in the Convention, namely race, colour, sex, religion, political opinion, social origin and national extraction. The Committee also asks the Government to provide statistical information on the number of men and women workers who have submitted complaints against their employers or sponsors regarding discrimination and abuse, and the outcome of the cases, indicating whether they have requested and been granted a change of workplace.

Stateless persons or residents without nationality (Bidoons). In its previous comments, the Committee asked the Government to provide information on: (1) the results of the implementation of the road map adopted by the Council of Ministers (Resolution No. 1612/2010); (2) the measures taken to ensure that all stateless persons or residents without nationality (Bidoons) are protected against discrimination in employment and occupation, including in access to employment, on the grounds set out in the Convention; and (3) to provide statistical information on the number of Bidoons living in the country and on their employment status. The Government indicates that the Central System, within the meaning of Law No. 68 of 2015, for stateless persons and residents without nationality, who are referred to by the Government as “illegal residents”, is working intensively on the implementation of the road map, in addition to providing civil, cultural and social services and facilities for stateless persons. The Government adds that, by virtue of the Council of Ministers Decision No. 309 of 2011, the Central System provides numerous services to “illegal residents”, including free education, free treatment and issuing all official documents (birth and death certificates, marriage and divorce contracts and authentic certificates). Collaboration is also ongoing between the Central System and the Civil Service (Diwan), the Public Authority, the Federation of Cooperative Societies and the Kuwait Ports Authority. The collaboration has resulted in jobs being found for stateless people in response to the needs of the labour market. According to the Government, 324 stateless persons were appointed to government bodies and 600 were appointed to the Kuwait Petroleum Corporation and its companies in 2018. In addition, with the collaboration of the Ministry of Defence, some of them were enrolled in the military. The Committee notes the measures taken by the Government to provide employment for stateless persons and residents without nationality, but points out that it does not indicate how they are protected against discrimination in employment and occupation. The Committee asks the Government to: (i) take the necessary measures to ensure that all stateless persons and residents without nationality (Bidoons) are protected in practice against discrimination in employment and occupation based on the grounds prohibited by the Convention in access to education, vocational training and employment; and (ii) provide more detailed information on the results of the implementation of the road map adopted by the Council of Ministers (Resolution No. 1612/2010).

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continues to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 2. National equality policy. In the absence of information on the progress made in the adoption of a national equality policy, the Committee recalls that: (1) the primary obligation of ratifying States is to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating any discrimination; and (2) the implementation of a national equality policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness-raising (2012 General Survey, paragraphs 841 and 848). The Committee therefore once again asks the Government to take the necessary measures to formulate, in collaboration with employers’ and workers’ organizations, and adopt a national equality policy covering all workers aimed at eliminating discrimination in employment and occupation on all the grounds covered by the Convention. The Committee requests the Government to provide information on the progress made in this regard.

Article 5. Special protection measures. Work prohibited for women. In its previous comments, the Committee noted the Government’s indication that sections 22 and 23 of the Labour Law, which prohibit the employment of women at night, with some exceptions, and in work that is hazardous, arduous or harmful to health or violates public morals, are intended to protect women workers in general, and particularly pregnant women. The Committee requested the Government to take measures to ensure that protective measures applicable to women are limited to maternity protection in the strict sense, or based on occupational safety and health (OSH) risk assessments and do not constitute obstacles to the employment of women. The Government’s report does not contain any information in this respect, except a reference the provisions of Chapter 4 of the Labour Law on maternity protection and occupational safety and health. The Committee once again recalls that protective measures for women may be broadly categorized into those aimed at protecting maternity, in the strict sense, which come within the scope of Article 5, and those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, which are contrary to the Convention and constitute obstacles to the recruitment and employment of women. The Committee further recalls that it considers that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (2012 General Survey, paragraphs 839 and 840). Therefore, any restrictions on women’s access to work based on health and safety considerations must be justified and based on scientific evidence and, when in place, must be periodically reviewed in light of technological developments and scientific progress to determine whether they are still necessary for protection purposes. The Committee urges the Government to: (i) review its approach regarding restrictions on women’s employment in light of the above principles to ensure that any protective measures taken are limited to maternity protection in the strict sense, or are based on occupational safety and health risk assessments and do not constitute obstacles to the employment of women; and (ii) supply information on any developments in this regard.

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 1 and 2 of the Convention. Access of women to employment. In its previous comment, the Committee asked the Government to adopt proactive measures to ensure that women have equal opportunity to access employment and hoped that progress would be made in the near future with respect to their access to judicial positions. The Committee welcomes the Government’s statement that, pursuant to the Judicial Council decision No. 14 of 2013, 22 women applicants to the Kuwait Institute for Judicial and Legal Studies were accepted (i.e. 35 per cent of the total number of applicants) and that there is no restriction on their nomination as judges once they have completed their training and progressed through the judicial ranks. The Government emphasizes that the experience of appointing women to judicial positions has been successful: women prosecutors have been commended for their competency, cooperation with colleagues and dedication. The Committee notes, however, that the Government does not provide information on the under-representation of women in employment in general and notes the absence of concrete policies aimed at addressing horizontal and vertical segregation in the labour market, as emphasized by the United Nations Committee on Economic, Social and Cultural Rights in its concluding observations (E/C.12/KWT/CO/2, 19 December 2013, paragraph 11). The Committee also notes that, in the Global Gender Gap Report 2017 of the World Economic Forum, Kuwait is ranked 129 out of 144 countries examined and its global gender gap score has fallen from 0.634 in 2006 (the first year it was included in the report) to 0.628 in 2017, with the only subindex where the gender parity has worsened being the one on “economic participation and opportunity” (from 0.577 to 0.518 during the same period) whereas the other subindexes, that is, “educational attainment”, “health and survival” and “political empowerment” have risen slightly (although, for the latter, it remains extremely low, at 0.027). The Committee urges the Government to continue to adopt proactive measures to improve women’s ability to access employment on an equal footing with men. It asks the Government to provide information on the steps taken or envisaged to address horizontal and vertical segregation in the labour market. In addition, recalling that, appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination and unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments, the Committee calls on the Government to collect and analyse relevant data, including comparable statistics to enable an accurate assessment of changes over time. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

With respect to the access of women to employment in the police department, the Committee asked the Government to clarify whether the general and specific requirements to be met by applicants to the Saad Al-Abdullah Academy for Security Sciences, in particular age requirements, apply equally to both men and women candidates, and whether women and men police officers perform the same functions and tasks, as well as the reason for granting a specific allowance only to women inspectors of the fire service department. The Committee notes the Government’s indication that Article 3 of Ministerial Decree No. 2411 of 2008 requires the appointment of military staff of a certain rank to leadership positions within the Ministry of the Interior and that, according to Ministerial Decision No. 990 of 2004, as amended, general allowances to police officers vary according to their military rank, without distinction between male and female officers, and special allowances are paid in accordance with the nature and potential hazard of the work performed. The Committee also notes the Government’s indication that the upper age limit for male applicants to the Saad Al-Abdullah Academy for Security Sciences is 21 years old whereas it is 35 years old for female applicants, hence increasing women’s opportunities to join the police force. The Committee asks the Government to identify the percentage of women in the military, to provide statistics on the ratio of women in top military ranks, and to specify the number of women in leadership positions within the Ministry of the Interior and the police force. The Government is also asked to clarify whether women and men police officers perform the same functions and tasks.

Article 1. Discrimination based on sex. Sexual harassment. Domestic workers. The Committee recalls that domestic workers are not covered under the general labour law but notes the adoption of the Domestic Workers Act (Act No. 68 of 2015) (examined in detail in the observation addressed to the Government) which does not contain specific provisions relating to sexual harassment. In its previous comment, noting that it is unclear how sections 191 and 192 of the Penal Code effectively protect domestic workers against all forms of sexual harassment, the Committee asked the Government to provide information on any complaints made by or against domestic workers pursuant to these sections of the Penal Code and to provide information on any practical measures taken to address all forms of sexual harassment against domestic workers. The Committee notes that the Government provided some statistical data covering the period 2011 to 2015 but did not reply to its comment. The statistical data shows that very few cases gave rise to judicial decisions and even less to a sanction being imposed. The Committee reiterates its request to the Government to provide information, including any judicial decisions, on any complaint made by or against domestic workers pursuant to sections 191 and 192 of the Penal Code and to provide information on any practical steps taken to address all forms of sexual harassment against domestic workers, including awareness raising, assistance and measures facilitating access to justice, and on the remedies available for a potential victim.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1 of the Convention. Protection of workers against discrimination in employment and occupation. Legislation and practice. In its previous comment, the Committee recalled that constitutional provisions, while important, have generally not proven to be sufficient in order to address specific cases of discrimination in employment and occupation and that, in any case, article 29 of the Constitution does not cover all the grounds set out in Article 1(1)(a) of the Convention nor all forms of discrimination in employment and occupation. It urged the Government to take concrete steps to explicitly prohibit direct and indirect discrimination based on race, sex, colour, religion, political opinion, national extraction and social origin, with respect to all aspects of employment and occupation, and covering all workers. Recalling that addressing sexual harassment through criminal proceedings is normally not sufficient, it asked the Government to adopt specific legal provisions defining and prohibiting both quid pro quo and hostile environment sexual harassment in employment and occupation, and provisions addressing remedies and sanctions. The Committee notes that, in its reply, the Government refers once again to article 29 of the Constitution providing for equal rights without distinction on the basis of sex, origin, language or religion, as well as article 7 which provides that justice, liberty and equality are the pillars of society and that there is a firm bond of cooperation and mutual respect between citizens. The Government also indicates, once again, that the Criminal Code criminalizes sexual harassment in all its forms. The Committee notes that the Government, referring to article 70 of the Constitution, emphasises the fact that international treaties and Conventions have the force of law once they have been signed, ratified and published in the Official Gazette. They are therefore an integral part of the domestic legislation: all government bodies and institutions and all individuals are required to abide by their provisions and the courts must ensure that they are respected and protected. In this regard, the Committee recalls that constitutional clauses which expressly provide that international agreements and treaties prevail over national law, while important, do not exempt States from adopting national legislation to implement the principles laid down in the Convention. The provisions of the Convention, even where prevailing over national law, may not be sufficient in themselves to provide effective legal protection from discrimination to individual workers (see 2012 General Survey on the fundamental Conventions, paragraph 851). The Committee once again: (i) urges the Government to take concrete steps to explicitly prohibit direct and indirect discrimination based on race, sex, colour, religion, political opinion, national extraction and social origin, with respect to all aspects of employment and occupation, including recruitment, and covering all workers; (ii) asks the Government to adopt specific legal provisions defining and prohibiting both quid pro quo and hostile environment sexual harassment in employment and occupation, and providing for remedies and sanctions; and (iii) in the meantime, asks the Government to take the necessary steps to ensure that all workers are protected in practice against all forms of discrimination, including sexual harassment, in employment and occupation and to provide full information in this respect.

Migrant workers, including domestic workers. The Committee notes that Kuwait’s sponsorship system (kafala) – under which migrant workers’ legal status is tied to their employers who act as their sponsors for obtaining a visa – has not been abolished. This system, which denies workers the opportunity of obtaining alternative employment, exposes migrant workers to abuse and undermines their ability to have recourse to means of redress. The Committee notes that, on 31 March 2016, the Public Authority for Manpower of the Ministry of Social Affairs and Labour published Decree No. 378/2016 allowing migrant workers in the private sector to transfer their sponsorship to a new employer without their current employer’s consent after three years has elapsed since the date of issue of their work permit and provided that they give 90 days’ notice to their current employer. The Committee understands, however, that this amendment to the sponsorship system does not apply to domestic workers. It recalls that all migrant workers must be protected against discrimination based, at least, on race, colour, sex, religion, political opinion, national extraction or social origin, as indicated in Article 1(1)(a) of the Convention.

The Committee notes with interest the adoption of the Domestic Workers Act (Act No. 68 of 2015) which, inter alia: (i) prohibits recruitment agencies from charging domestic workers any fees, either direct or indirect (article 4); (ii) prohibits recruitment agencies from advertising, promoting or categorizing them in any humanly degrading manner (including according to faith, gender, colour or cost) (article 5); (iii) specifies the particulars that must be contained in the recruitment contract (to be provided in both Arabic and English) (article 18) and (iv) gives domestic workers the right to be paid on a monthly basis (articles 7 and 20), the right to a weekly day off, annual paid leave, a 12-hour working day with rest (article 22) and an end-of-service benefit of one month a year at the end of their contract (article 23). It also prohibits the employer from retaining the domestic worker’s personal identity document (unless the worker has agreed to this) (articles 12 and 22(4)) and from assigning the domestic worker any dangerous or humiliating work (article 10). It requires the employer to provide the domestic workers with food, clothing, medicine and medical treatment as well as suitable housing enabling decent living standards (articles 9 and 11). The Committee notes that, although the protection enjoyed by domestic workers under Act No. 68 is still not on par with the general labour law, it is a step towards addressing discrimination against domestic workers. The Committee notes, however, that under the Act domestic workers are not allowed to change employer without the consent of their current employer; that protection against discrimination and abuse, including sexual harassment, from employers is weak (specific sanctions are foreseen against recruitment agencies violating the provisions of the law, but not in cases where it is the employer who is violating the law); and that the Ministry of Interior must deport domestic workers considered as having “absconded” from their employer, even if they did so because of abuse from their employer (Article 51). In addition, the Committee notes that, in November 2017, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed its concern about the legal gaps in the Domestic Workers Act regarding the effective protection of these workers from abuse, exploitation and violence, including: the lack of labour inspection mechanisms; weak penalties imposed on labour recruitment agencies for abusive practices; the tying of the immigration status of the domestic workers to one employer or sponsor, and the requirement for the Ministry of the Interior to deport an “absconding” worker; the absence of sanctions applied to employers for withholding the passports of domestic workers or for failing to provide adequate housing, food, medical expenses, daily breaks or weekly rest days; and the absence of a requirement for employers to be present in dispute resolution between employers and domestic workers, as well as the absence of complaint mechanisms. The CEDAW recommended, inter alia, that the Government continue its efforts to completely abolish the kafala (sponsorship) system (CEDAW/C/KWT/CO/5, 22 November 2017, paragraphs 36(e) and 37(f)). The Committee also notes the Government’s statement that Act No. 69 of 2015 concerning the establishment of a closed joint stock company for the recruitment and employment of domestic workers was promulgated and the Kuwait Home Helper Operating Company has now been established with the objective of avoiding the negative aspects of recruitment agencies for domestic workers. It further notes the Government’s indication that the Domestic Workers Department (DWD) within the Ministry of the Interior, which is responsible for reviewing complaints filed by domestic workers, has received numerous complaints which were resolved by amicable means. The Committee asks the Government to provide information on the application, in practice, of the Domestic Workers Act No. 68 of 2015, including on the gaps regarding the effective protection of domestic workers from abuse, exploitation and violence emphasised by the Committee as well as the CEDAW. It asks the Government to indicate if the Kuwait Home Helper Operating Company has completely replaced the pre existing recruitment agencies and to provide information on its functioning and, if available, a copy of the annual report on its activities. It requests that the Government continue to provide information on all steps taken or envisaged to review the sponsorship system and to ensure the full application of the Convention in respect of all migrant workers, as well as information, including statistics, on the results of the examination of complaints by the Domestic Workers Department.

Stateless persons or persons without nationality (Bidoons). The Committee notes that the Government attached to its report an information booklet from the Central Agency indicating that the estimated number of stateless persons or persons without nationality (Bidoons) –referred to by the Government as “illegal residents” – was approximately 100,000 in 2014. The Committee recalls that the Council of Ministers, by Resolution No. 1612 of 2010, adopted a road map to remedy this issue. The Committee notes the Government’s indication that the Central Agency, in cooperation with the Civil Service Commission, the Kuwait Chamber of Commerce and Industry and the Union of Cooperative Societies is doing its utmost to enable stateless persons to find employment in the public and private sectors as well as in self-employment. According to the Government, there are 2,571 public sector or cooperative sector employees belonging to this group. The Government emphasizes that the decision to establish the Central Agency shows its willingness to find a solution to this issue. The Committee notes, however, that the United Nations Committee on the Elimination of Racial Discrimination (CERD), in its concluding observations, remained deeply concerned by the situation of Bidoons, many of which have lived in Kuwait for generations but are deemed “illegal residents” by the authorities and recommended that the Government find a durable solution to the problem faced by Bidoons, including by considering naturalizing those who have lived in Kuwait for long periods and have a genuine and effective link to the State (CERD/C/KWT/CO/21-24, 19 September 2017, paragraph 27). The Committee requests the Government to provide information on the results of the implementation of the road map adopted by the Council of Ministers (Resolution No. 1612/2010) and to provide information on the measures taken to ensure that all stateless persons or residents without nationality (Bidoons) are protected against discrimination in employment and occupation, including in accessing employment, on the grounds set out in the Convention. The Committee asks the Government to provide statistical data on the number of Bidoons living in the country and on their employment status.

Article 2. National equality policy. The Committee notes the Government’s indication that a technical cooperation project was signed with the International Labour Office in November 2014 setting out a number of activities relating to equality issues and that, through the implementation of these activities, there would be discussions on the formulation of a national policy. The Committee is aware that a seminar on equality and non-discrimination issues was held in November/December 2016. However, the labour law review that had been foreseen in the technical assistance programme documents has not been carried out. Recalling that the primary obligation of ratifying States is to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof, the Committee asks the Government to provide information on the progress made towards the development and implementation of a comprehensive national policy for the elimination of discrimination in employment and occupation with respect to all the grounds set out in the Convention, including measures to raise awareness on equality and non-discrimination issues.

Article 5. Special measures of protection or assistance. Work prohibited for women. The Committee notes the Government’s indication that Articles 22 and 23 of the Private Sector Labour Act (Act No. 6 of 2010) – which prohibit the employment of women at night (with some exceptions) and in work that is hazardous, arduous or harmful to health or violates public morals – aim to protect women in general, including pregnant women. In this regard, the Committee recalls that a major shift over time has occurred from a purely protective approach concerning the employment of women to one based on promoting genuine equality between men and women and eliminating discriminatory law and practice. It draws the Government’s attention to the distinction to be made between special measures to protect maternity, as envisaged in Article 5 of the Convention, and measures based on stereotypical perceptions of women’s capabilities and their role in society, which are contrary to the principle of equality of opportunity and treatment and constitute obstacles to the recruitment and employment of women. The provisions relating to the safety and health of workers should provide for a safe and healthy environment for both men and women workers, while taking account of gender differences with regard to specific risks to their health. Moreover, with a view to repealing discriminatory protective measures applicable to women’s employment, it may be necessary to examine what other measures, such as improved health protection of both men and women, adequate transportation and security, as well as social services, are necessary to ensure that women can access these types of employment on an equal footing with men (see 2012 General Survey, paragraphs 838–840). The Committee once again asks the Government to ensure that special measures for the protection of women are limited to that which is strictly necessary to protect maternity, and that these provisions do not impede access for women to employment and occupation. The Committee also invites the Government to consider the possibility of reviewing health and safety issues with a view to improving health protection for both men and women and adopting accompanying measures with respect to security and the availability of adequate transport and social services to enable women to access all types of employment on an equal footing with men. The Committee asks the Government to supply information on any measures adopted in this regard.

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Access of women to employment. The Committee notes the concern expressed by the United Nations Committee on Economic, Social and Cultural Rights in its concluding observations regarding the under-representation of women in employment and the absence of concrete policies aimed at addressing horizontal and vertical segregation in the labour market (E/C.12/KWT/CO/2, 19 December 2013, paragraph 11). The Committee previously expressed concerns about the practical and legislative obstacles to women’s access to a number of posts and occupations under government control, including in the judiciary. In this respect, the Committee notes the Government’s indication that the Supreme Council of the Judiciary decided at the end of 2012 to accept the nomination of women to legal researcher positions for which only male candidates could apply previously, therefore paving the way for them to be able to be appointed to positions as representatives of the prosecution and in future to positions as judges. As a result, a large number of women applied to these positions, and twenty women were appointed in 2013. The Committee notes from the Government’s report that in 2001 there were 10,528 women in high administrative posts (311 women in 1997) and 51,929 in leading posts in the specialist category (38,409 men in similar posts). According to the Government, women have been authorized by the Ministry to join the police in areas involving the public or dealing with women, and in cases related to family violence. Noting the action taken by the Government to promote the access of women to positions under its the control, in particular in the judiciary and the police, the Committee requests the Government to continue its efforts and to take proactive measures to ensure that women have equal opportunities of access to employment and it hopes that progress will be made in the near future with respect to their access to positions as judges. With respect to the access of women to employment in the police department, the Committee requests the Government to clarify whether the general and specific requirements to be met by applicants to the Saad Al-Abdullah Academy for Security Sciences, in particular age requirements, to which it refers in its report, apply only to women candidates or equally to both men and women candidates. Please also clarify whether women and men police officers perform the same functions and tasks, as well as the reason for granting a specific allowance only to women inspectors of the fire service department.

Sexual harassment. Domestic workers. With reference to its observation, the Committee notes that the Government refers to sections 191 and 192 of the Penal Code, which provide that a person who “dishonours another person under threat, by force or deceit” should be sentenced to a maximum of 15 years, and life imprisonment if the offender “works as a servant with the victim”. The Committee notes that it is unclear how these provisions effectively protect domestic workers, many of whom are women, against all forms of sexual harassment, to which they are especially vulnerable due to the particular nature of their employment relationship (see General Survey on the fundamental Conventions, 2012, paragraphs 789–795). The Committee requests the Government to provide information, including any judicial decisions, on any complaint made by or against domestic workers pursuant to sections 191 and 192 of the Penal Code. Please also provide information on any practical measures, including awareness raising and assistance, taken to address all forms of sexual harassment against domestic workers.

Stateless persons or persons without nationality (Bidoons). The Committee notes the Government’s indication that the body responsible for resolving the situation of stateless residents is the Central Agency through which the roadmap adopted by the Council of Ministers (Resolution No. 1612) is applied, the purpose of which is to resolve the situation of stateless persons by 2015. According to the Government, job opportunities are offered in the government sector to stateless persons who hold a high academic degree and who appear on the official State census of 1965, or who prove that they were formerly in the country (about 7,000 persons). As far as work in the private sector is concerned, persons who hold the baccalaureat or a lower degree may register with the Kuwait Chamber of Commerce and Industry to apply for available vacancies. The Committee notes the concern expressed by the United Nations Committee on the Elimination of Racial Discrimination (CERD) in its concluding observations that not all Bedoun enjoy certain basic human rights, such as the right to obtain civil documentation, as well as access to adequate social services, education, housing, property, business registration and employment (CERD/C/KWT/CO/15-20, 4 April 2012, paragraph 17). The Committee requests the Government to provide information on the measures taken through the Central Agency or otherwise to ensure that all stateless persons or residents without nationality (Bidoons) are protected against discrimination in employment and occupation on the grounds of the Convention and have access to employment.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1 of the Convention. Prohibition of discrimination in employment and occupation. The Committee recalls the absence in the Law on Labour in the Private Sector (Law No. 6 of 2010) of any provisions prohibiting direct and indirect discrimination, including sexual harassment, in all aspects of employment and occupation. The Committee notes that the Government refers in its report to article 29 of the Constitution providing for equal rights without distinction on the basis of sex, origin, language or religion, and to sections 191 and 192 of the Penal Code criminalizing and imposing sanctions on any person who “dishonours another person under threat, by force or deceit”. The Committee notes that article 29 does not cover all the grounds set out in Article 1(1)(a) of the Convention nor does it cover all forms of discrimination in employment and occupation. The Committee recalls that constitutional provisions, while important, have generally not proven to be sufficient in order to address specific cases of discrimination in employment and occupation. In addition, the Committee recalls that addressing sexual harassment through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher burden of proof and the fact that penal provisions may not cover the full range of behaviour that constitutes sexual harassment in employment and occupation (see General Survey on the fundamental Conventions, 2012, paragraphs 792 and 851). The Committee notes the Government’s explanations regarding protective measures for women under the Labour Law and the indication that a committee to review the legislation was set up by the Ministry of Justice. The Government also indicates that under Resolution No. 90/a of 2011 of the Minister of Social Affairs and Labour, a joint working committee was established to implement a project on the creation of a legislative environment to support the social empowerment of Kuwaiti women. The Committee once again urges the Government to take concrete steps to explicitly prohibit direct and indirect discrimination based on race, sex, colour, religion, political opinion, national extraction and social origin, with respect to all aspects of employment and occupation, and covering all workers. The Committee also requests the Government to adopt specific legal provisions defining and prohibiting both quid pro quo and hostile environment sexual harassment at work, including remedies and sanctions. In the meantime, the Committee requests the Government to take the necessary measures to ensure that all workers are protected in practice against discrimination, including sexual harassment, in employment and occupation and to provide full information in this respect. In the context of the current review of the labour legislation, the Government is requested to review sections 22 and 23 of Law No. 6 of 2010 with a view to ensuring that any protective measures concerning women are strictly related to the protection of maternity.

Migrant workers, including domestic workers. The Committee recalls that following the discussion by the United Nations Human Rights Council of the Universal Periodic Review of Kuwait in September 2010, the Government had reiterated its acceptance “to revoke the current sponsorship system and replace it with regulations in accordance with international standards” (A/HRC/15/15/Add.1, 13 September 2010, paragraph 82.19). The Committee recalls however that Law No. 6 of 2010 does not abolish the sponsorship system, but that section 9 of the Law provides for the establishment, under the Ministry of Social Affairs and Labour, of the Public Authority for Manpower in charge of recruiting and employing foreign labour following requests of employers. The Committee welcomes the adoption on 12 May 2013 of Law No. 109 establishing the Public Authority for Manpower, which is responsible for managing the employment of migrant workers in the private and the oil sectors and issuing rules and procedures regarding work permits and transfers from one employer to another employer. With respect to domestic workers who are excluded from the scope of Law No. 6 of 2010, the Committee also notes that the Ministry of Interior has set up a Domestic Workers Department (DWD) which is responsible for enforcing the provisions of Law No. 40 of 1992 and Ministerial Order No. 1182 of 2010 on the Regulation of Recruitment Agencies for Domestic Workers, through periodical inspections of the agencies. The Government indicates that the DWD receives the complaints lodged by domestic workers against their sponsors with respect to the non-payment of wages and maltreatment, conducts investigations and takes the necessary measures to ensure that workers receive their entitlements and rehabilitation. The Ministry of Interior also verifies the accuracy of the “absenteeism notifications” submitted against workers and makes sure that the workers concerned are not repatriated before having obtained their entitlements. The Committee notes the Government’s indication that the establishment of the planned “Kuwait Home Helper Operating Company” is currently under examination. The Committee requests the Government to take the necessary steps, without further delay, to ensure that the rules, procedures and practical measures to be adopted either by the Public Authority for Manpower, the DWD or otherwise, ensure that the new system of employment of migrant workers, including domestic workers, does not place or maintain the workers concerned in a situation of increased vulnerability to discrimination and abuse, as a result of disproportionate power exercised by the employer over the worker. The Committee requests the Government to continue to provide information on all measures taken or envisaged to review the sponsorship system and ensure the full application of the Convention in respect of all migrant workers. Please include specific information on the progress made on the draft Bill on Migrant Domestic Workers and the establishment, mandate and operational work of the Kuwait Home Helper Operating Company.

Article 2. National equality policy. Noting that the Government’s report contains no information in this respect, the Committee once again requests the Government to develop and implement a comprehensive national policy for the elimination of discrimination in employment and occupation with respect to all the grounds set out in the Convention, including measures to raise awareness on equality and non-discrimination issues, and to provide information on any progress made in this respect.

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

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 1, 2 and 3 of the Convention. The Committee recalls its previous observation noting the discussion that took place in the Conference Committee on the Application of Standards in June 2009, and its resulting conclusions, and which addressed the following issues: the absence of effective measures to ensure, in law and in practice, protection against discrimination in employment and occupation and the absence of measures addressing sexual harassment, protective measures for women unrelated to maternity protection, practical barriers to women’s access to particular occupations, and the need to ensure effective protection of migrant workers, in particular domestic workers, against discrimination on the grounds set out in the Convention. The observation also addressed the need for proactive measures in the context of a national equality policy, a component of which would be the revision of the Labour Code. The Committee notes the ILO technical assistance mission in February 2010, during which a tripartite workshop was held on report writing on international labour standards and issues relating to the application of the Convention were discussed. The Committee notes in this regard the Government’s acceptance of further ILO technical assistance with a view to more effectively addressing issues relating to the Convention.  

Legislative development. Prohibition of discrimination. The Committee recalls the Government’s express commitment to address effectively discrimination in the new Labour Law, and notes the entry into force of the New Private Sector Labour Law of Kuwait No. 6 of 2010, which applies to workers in the private sector, including foreign workers. While noting that important progress has been made with regard to terms and conditions of employment of workers, the Committee also notes the continued absence in the new legislation of provisions expressly prohibiting direct and indirect discrimination on the basis of all the grounds listed in Article 1(1)(a) of the Convention with respect to all the areas of employment and occupation, and of provisions prohibiting both quid pro quo and hostile environment sexual harassment, along with effective remedies. Law No. 6 of 2010 also continues to include protective measures for women which appear not to be strictly limited to maternity: section 22 prohibits employment of women at night, with some exceptions; section 23 prohibits employment of women in dangerous, hard or harmful to health trades or works, and “such jobs which are violating their morals and based on the utilization of their femininity in a manner which is not in line with the public morals”, and in institutions which provide services exclusively to men. The Committee further notes that Law No. 6 of 2010 continues to exclude domestic workers from its scope, and authorizes the competent minister to issue a decision specifying the rules governing the relationship between domestic workers and their employers (section 5). While welcoming the progress made with respect to the protection of workers’ rights in the private sector generally, the Committee urges the Government to take further steps to prohibit explicitly direct and indirect discrimination based on race, sex, colour, religion, national extraction, political opinion and social origin, with respect to all aspects of employment and occupation, covering all workers, and to adopt specific legislative provisions on both quid pro quo and hostile environment sexual harassment. The Government is also requested to provide information on any measures taken to prevent sexual harassment through practical and promotional means at the workplace. The Committee further requests the Government to ensure that the ministerial decision specifying the occupations and establishments regarding which women’s employment is prohibited pursuant to section 23 of Law No. 6 of 2010, will not reinforce discrimination and stereotypes of women’s abilities and role and will be limited to protecting maternity. The Government is encouraged to review sections 22 and 23 of Law No. 6 of 2010 with a view to bringing them into conformity with the Convention.

Access of women to particular occupations. The Committee recalls its concerns regarding the practical and legal obstacles to women’s access to a number of posts and occupations under the Government’s control, including due to stereotyped assumptions regarding what is “suitable to their nature”, and the need to take proactive measures to address barriers to their access to education and training opportunities and to certain posts and careers, including in the judiciary. The Committee notes from the Government’s report that 50 female students graduated from the Institute for Police Officers, including 15 officers, 15 corporals and 20 sergeants, and that 85 male officers graduated at the second lieutenant grade. With respect to the Public Fire Department, the Government indicates that for the first time 25 women will be joining an inspection monitoring course, while four courses are being designed for men. Applicants are selected on the basis of voting or lot casting, after passing tests and fully meeting the public and private conditions. The Committee further notes the Government’s brief statement that no decisions have been taken with respect to women’s access to the judiciary and that no discrimination exists with respect to access to education and recruitment to the civil service. While noting the action by the Government concerning female officers in the police force, the Committee asks the Government to take even more proactive measures to ensure that women have equal opportunities with men to access all positions under the control of the Government, as well as to promote the equal access of women to positions at all levels in the private sector. Please indicate in this context any measures taken or envisaged to address gender stereotypes and the need to balance work and family responsibilities for both men and women. With respect to women’s access to the police department and the Public Fire Department, the Committee requests the Government to indicate the number of women and men who applied to the Institute for Police Officers and the inspection monitoring course, and those that, after having completed their training as police officers and firefighters, obtained positions in these departments as a result, and at what level. Please also indicate in more detail the “public and private conditions” that have to be met by applicants, and the measures taken to ensure that the selection procedures are free from discrimination.

Migrant workers. The Committee recalls the very high number of men and women of foreign nationality and different ethnic and racial backgrounds working in Kuwait and the particular vulnerability to discrimination based on multiple grounds of migrant domestic workers, the majority of whom are women. The Committee also recalls the apparent absence of practical measures to ensure that foreign workers, including foreign domestic workers, are not subjected to discrimination based on the grounds set out in the Convention, and in particular sex, race, colour or national extraction, as well as the Government’s expression of commitment to address such discrimination. The Committee had already noted in the past some measures taken by the Government aimed at protecting migrant domestic workers, including Legislative Decree No. 40 of 1992 on the regulation of employment agencies for domestic workers, and workers in a similar position, Ministerial Decision No. 617/1992 on organizing rules and procedures for obtaining licences for the agencies supplying domestic workers, and the mandatory model contract for recruiting domestic workers. However, explicit protection against discrimination is not addressed in these texts, nor is it clear how these workers are protected against discrimination in practice. The Committee had also welcomed the steps taken by the Government to provide assistance to migrant domestic workers and to review the sponsorship system, which appears to find its basis in the Foreign Residency Law No. 17 of 1959, and a number of accompanying orders and regulations. The Committee notes that the situation of foreign workers, especially domestic workers, and their effective protection against discrimination was discussed during the ILO technical assistance mission in February 2010, and that following the discussion by the United Nations Human Rights Council of the Universal Periodic Review of Kuwait in September 2010, the Government reiterated its acceptance “to revoke the sponsorship system and replace it with regulations in accordance with international standards” (A/HRC/15/15/Add.1, 13 September 2010). The Committee notes that Law No. 6 of 2010 does not abolish the sponsorship system, but that section 9 of the Law provides for the establishment under the Ministry of Social Affairs and Labour of the Public Authority for Labour Force which shall be responsible for recruiting and employing foreign labour following requests of employers. With regard to rules governing migrant domestic workers pursuant to section 5 of Law No. 6 of 2010, the Committee notes the adoption of the Minister of Interior Resolution No. 1182 of 2010, amending some aspects of Ministerial Decision No. 617/1992 (A/HRC/15/15/Add.1, 13 September 2010). The Committee further understands that steps are being taken to draft a domestic workers bill, which, in addition to the mandatory model contract and other measures taken to support migrant domestic workers, could further improve domestic workers’ rights. Finally, the Committee notes that the Government plans to establish a joint-venture company called the “Kuwait Home Helper Operating Company”, which would have among its objectives the recruitment and employment of domestic workers, and in which the Government would be one of the major shareholders (report of the International Organization for Migration (IOM) on “Labour Migration from Indonesia. An overview of Indonesian Migration to Selected Destinations in Asia and the Middle East” (2010)). The Committee underlines the importance of taking effective action to ensure that the system of employment of migrant workers, including migrant domestic workers, does not place the workers concerned in a situation of increased vulnerability to discrimination and abuse, as a result of disproportionate power exercised by the employer over the worker.

While noting the various steps taken by the Government to improve the system of employment of foreign workers, including domestic workers, the Committee urges the Government to ensure that, in the context of these and other measures taken to protect foreign workers, especially domestic workers, effective measures are taken to prevent discrimination against these workers on the basis of race, sex, colour and national extraction with regard to employment and occupation. In this regard, the Committee hopes that measures will be taken to ensure the observance of the principle of non-discrimination on all the grounds set out in the Convention by the future Public Authority for Labour Force, and the planned “Kuwait Home Helper Operating Company”, and requests the Government to provide information on the measures taken in this regard. The Committee requests the Government to continue to provide information on all measures taken or envisaged to ensure the full application of the Convention in respect of all migrant workers, including information on the following:

(i)    the measures taken to eliminate and prevent discriminatory practices and treatment against migrant workers, especially migrant domestic workers, on all the grounds set out in the Convention, including through providing accessible and effective complaints procedures and means of redress and remedies, and providing adequate information, counselling and legal assistance. Please continue to provide information on the number, nature and outcome of complaints received from migrant domestic workers, the sanctions imposed on employers and remedies provided; and

(ii)   the measures taken to review the system of employment of foreign workers, including the sponsorship system, with a view to decreasing the level of dependency and vulnerability to discrimination of migrant workers, and in particular migrant domestic workers, in relation to their employers. Please provide copies of Minister of Interior Resolution No. 1182 of 2010, the draft bill on migrant domestic workers, and of the legal texts establishing the Public Authority of Labour Force and the planned “Kuwait Home Helper Operating Company”, including information on their mandate and activities.

Stateless persons. With regard to the situation of stateless persons or residents without nationality in Kuwait, the Committee notes that the Government intends to provide information on the participation of residents without nationality (“Bidoons”) in the labour market as soon as it is available. The Committee hopes that such information will be included in the Government’s next report, and asks the Government to include information on the sectors or branches of work in which stateless persons (“Bidoons”) are concentrated.

National equality policy. The Committee recalls the importance of adopting proactive measures in the context of a national equality policy, including with respect to the areas set out in Article 3 of the Convention, and draws the Government’s attention also to Paragraphs 2–4 of the Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111), in this regard. The Committee notes the information in the Government’s report regarding the human rights education in school curricula offered by the Ministry of Education. While such human rights education is certainly of great value in general, the information provided neither indicates that any awareness-raising activities have been undertaken relating to the principles of the Convention, nor that any other measures have been taken with a view to declaring and pursuing a national equality policy. The Committee asks the Government, with ILO assistance, to take more proactive measures to develop and implement a coherent national policy on equal opportunity and treatment in employment and occupation with respect to all the grounds set out in the Convention, and to report on the progress made.

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

The Committee notes the discussion that took place in the Conference Committee on the Application of Standards in June 2009 and the resulting conclusions of the Conference Committee. The Committee also notes the Government’s report received in May 2009, and the additional information received in June and September 2009. The Committee welcomes the Government’s efforts to provide specific information, including statistics, in response to many of the points raised by the Committee and the Conference Committee. The Committee encourages the Government to continue to collect and provide such information and analysis, which assists it considerably in assessing the progress made in implementing the Convention.

The Committee notes that the Conference Committee expressed concern at the considerable obstacles to women’s access to a number of posts and occupations, including stereotyped views regarding the role of women. The Conference Committee urged the Government to remove any existing legal obstacles to women’s access to employment and to take proactive measures to address the practical barriers to women’s access to education and training opportunities and to certain posts and careers. The Conference Committee also urged the Government to ensure that effective measures, in law and practice, were put into place to protect all persons, including foreign workers, from discrimination on the grounds of race, colour or national extraction. Noting the particular vulnerability of migrant domestic workers, the Conference Committee urged the Government to pursue efforts to ensure more effective protection in law and practice against discrimination of these workers, on the grounds set out in the Convention, and to ensure that all workers were aware of their rights relating to non-discrimination, and that there was effective enforcement and access to complaints procedures. The Conference Committee stressed that the range of measures should be part of a coherent national policy on equality of opportunity and treatment in employment and occupation. Noting the Government’s request for ILO technical assistance, the Conference Committee expressed the hope that such technical assistance would be provided to enable the Government to apply the Convention in law and practice.

Legislative developments. The Committee notes from the Government’s report that the draft Labour Code is currently before the National Assembly, and that the Government intends to upgrade the provisions of the draft to expressly prohibit direct and indirect discrimination. The Committee also notes the Government’s indication that the draft Labour Code pays special importance to increasing privileges for women. The Committee welcomes the Government’s expression of commitment to effectively address discrimination in the new Labour Code, and hopes that the new Labour Code will be adopted in the near future and will promote equality of opportunity in employment and occupation. The Committee requests the Government to ensure that the new Labour Code includes provisions explicitly defining and prohibiting direct and indirect discrimination, on at least all the grounds enumerated in Article 1(1)(a), of the Convention (race, colour, sex, religion, political opinion, national extraction and social origin), with respect to all aspects of employment and occupation, and covering all workers, including domestic workers. Please provide information on any developments in this regard. With regard to the “special privileges for women” to be set out in the new Labour Code, the Committee asks the Government to ensure that it does not include protective measures which exclude women from certain work or jobs, based on stereotypical perceptions of their abilities and role in society, as such provisions would violate the principle of equality of opportunity and treatment. The Committee requests the Government to take the necessary steps to ensure that protective measures for women are strictly limited to maternity protection, and to provide information in this regard.

Access of women to particular occupations. The Committee notes the information provided by the Government on the access of women to jobs in the military, the police, the diplomatic corps, the Administration of Justice Division and the Department of Public Prosecutions. The Government states that there is no legal basis to exclude women from any posts.

Regarding the police and the firefighters, the Committee welcomes the Government’s indication that the first group of female police officers have graduated from the police academy, and that the Public Fire Department expects to welcome the first group of graduate female firefighters shortly. The Committee also notes the Government’s indication that for the first time in the history of the country, four women have recently been elected to the National Assembly. The Committee requests the Government to provide information on the number of women and men who have successfully completed their training as police officers and firefighters, and how many of those have obtained positions in the police department and the fire department as a result, and at what level, disaggregated by sex.

With regard to women in the judiciary, the Government states that “women assume in all freedom a number of posts and occupations suitable to their nature as women”, and points to environmental factors, tradition and the nature and responsibility of the job as playing a large part in guiding authorities in appointments. The Government points out that women have been appointed to positions where they are responsible for investigations, providing formal legal opinions and as State lawyers defending the position of the Government. The Committee notes, however, that women do not seem to have been appointed as judges. With respect to the Ministry of Defence, the Government states that 70 per cent of the employees in the support services are women, and that women work as engineers, doctors and administrative staff at military camps. With respect to the diplomatic corps, the Government provides information evidencing that a few women have been appointed to high-level diplomatic positions (six women out of a total of 384 positions); however, the Government states that women generally refrain from such a career as a result of social and family pressures, since they are required to reside outside the country. Noting that there continue to be considerable barriers in practice to women accessing high-level positions in occupations under the Government’s control, including due to stereotyped assumptions regarding what is “suitable to their nature”, the Committee urges the Government to take proactive measures to ensure that women have equal opportunities with men to access all positions under the control of the Government, as well as to promote the equal access of women to positions at all levels in the private sector. Please indicate in this context any measures taken or envisaged to address gender stereotypes and the need to balance work and family responsibilities for both men and women.

Sexual harassment. The Committee notes the Government’s response to its previous request for information on the measures taken to prevent and combat sexual harassment in employment and occupation, indicating that it considers the provisions of the Penal Code, namely sections 191–192, 198–201 and 204, protecting women against rape and immoral acts, to be sufficient. The Committee notes that the provisions referred to by the Government do not explicitly address sexual harassment. The Committee considers that such provisions regarding crimes of a sexual nature are insufficient to address sexual harassment in the workplace, as sexual harassment includes a much broader range of behaviour and practices than those covered by the Penal Code. Recalling its 2002 general observation on this matter, the Committee requests the Government to take the opportunity of the drafting of the new Labour Code to include provisions that specifically define and prohibit sexual harassment in the workplace (both quid pro quo harassment and sexual harassment due to a hostile work environment), as well as providing effective remedies, and asks the Government to provide information on any progress made in this regard.

Discrimination based on race, colour and national extraction. The Committee has raised concerns in the past regarding the apparent absence of measures to ensure that no person, including foreign nationals, is subjected to discrimination based on race, colour or national extraction. The Committee notes from the Government’s report that it is committed to upgrading its legislation in the light of international labour standards, in the current legislative reform process. The Committee welcomes the Government’s expression of commitment to address discrimination based on race, colour and national extraction, and asks the Government to include a prohibition of such discrimination in the new Labour Code, along with effective remedies. The Committee also requests the Government to provide information on the progress of amending the Penal Code to address racial discrimination. Noting the Government’s indication that information would be provided in due course on the participation of residents without nationality (“Bidoons”) in the labour market, the Committee hopes that the Government will be in a position to provide such information in its next report, including information on the sectors or branches of work in which they are concentrated.

Migrant domestic workers. The Committee previously raised concerns regarding the absence of legislation protecting migrant domestic workers against discrimination, as discrimination is not addressed in the Regulation of Domestic Service Agencies (Act No. 40 of 1992). The Committee had stressed the particular vulnerability of migrant domestic workers, the majority of whom are women, and the importance of ensuring that they are protected against discrimination in all aspects of employment and occupation. The Committee notes the information provided by the Government to the effect that the mandatory model contract for domestic workers has been amended with respect to the minimum wage, the duration of annual holidays, rest periods and compensation for occupational injuries, and payment of the return ticket. The Government also provides information on government accommodation provided to migrant domestic workers, and assistance provided to a number of domestic workers while awaiting wage settlement from their employers. The Committee also notes the information provided on the number of complaints filed against employment agencies, and the Government’s indication that it is currently preparing statistics on the penalties imposed on employers and on the owners of employment agencies found in violation. The Committee also notes from the discussion in the Conference Committee, that preliminary research has been undertaken with a view to reviewing the sponsorship system. The Committee welcomes the steps taken by the Government to review the sponsorship system, and to provide support to migrant domestic workers, and asks it to provide information on further developments in this regard. The Committee also asks the Government to provide information on the nature and number of complaints submitted by domestic workers, and on sanctions imposed and remedies provided. Please also provide information on any steps taken to provide specific legal protection for migrant domestic workers against discrimination, whether in the context of the new Labour Code or otherwise.

National equality policy. The Committee notes that in pursuance of a national policy to promote equality of opportunity and treatment in employment and occupation, with a view to eliminating any discrimination on the grounds of race, colour, sex, religion, political opinion, national extraction and social origin, the Government indicates that as well as preparing the new Labour Code, it is undertaking awareness raising aimed at fighting discrimination in all its forms, including through official television stations, and through campaigns launched by the Ministry of Religious Endowment and Muslim Affairs. The Committee recalls the importance of adopting proactive measures in the context of a national equality policy, including with respect to the areas set out in Article 3 of the Convention, and draws the Government’s attention also to Paragraphs 2 to 4 of the Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111), in this regard. The Committee asks the Government to continue to provide information on awareness-raising activities relating to the principles of the Convention, and any other measures taken with a view to declaring and pursuing a national equality policy. Noting that the Government in its report again requests ILO technical assistance with respect to the revision of the Labour Code, the Committee hopes that, with ILO assistance, the Government will develop and implement a coherent national policy on equal opportunity and treatment in employment and occupation, a component of which would be the revision of the Labour Code.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention. Legal protection against discrimination in employment and occupation. The Committee notes the Government’s intention to insert a provision in the draft Labour Code, which is still before the Council of Ministers, expressly prohibiting direct and indirect discrimination. The Committee hopes that the new Labour Code, once adopted, will include such a provision and requests the Government to keep it informed on the progress made in this regard.

The Committee further notes that the Government’s report does not contain a reply to its previous comments. It hopes that in its next report, the Government will include full information on the matters raised in its previous direct request, which read in relevant parts as follows.

1. Discrimination on the basis of national extraction. With regard to the situation of stateless persons or residents without nationality in Kuwait (commonly referred to as “Bidoons”), the Committee notes the Government’s indication that 11,076 of these individuals were given Kuwaiti nationality and a further 22,657 were granted legal residence upon obtaining passports from their countries of origin. The Committee welcomes the continued efforts of the Government to regularize the situation of stateless persons while pointing out that individuals who have been regularized, in addition to residents who remain stateless, may face difficulties in employment and training on account of their national extraction. The Government states in its report that discrimination on the basis of national extraction does not exist in Kuwait and that residents without nationality in fact work freely without any obstacles. The Government does not, however, provide support for these statements by presenting specific details on the employment situation of such workers (both regularized and non-regularized residents) or on the existence of measures to ensure that discrimination on the basis of national extraction does not occur in practice. The Committee hopes, therefore, that the Government will be in a position to supply such information, including statistics on the participation of this group in the Kuwaiti labour market, including information on the sectors or branches of work in which they are concentrated.

…

4. Equal access of women to vocational training, employment and occupation. The Committee notes that, in reply to its previous request for information on specific measures to promote women’s access to training, employment and occupations of their choice, the Government merely repeats its previous statement that the principle of equality between men and women is recognized de facto and that therefore there is no need for such measures. The Committee recalls that, without further details on the specific situation of men and women in the Kuwaiti labour market as regards their access to employment, vocational training and conditions of work, it is difficult to assess whether the Convention is effectively applied. The Committee also wishes to recall the importance of continuing to assess and take action, as the promotion of equality does not aim at a stable situation that may be attained once and for all, but rather requires a permanent process (General Survey of 1988, paragraph 240). Noting the Government’s statement that it will transmit statistical information on the access of men and women to the different branches of vocational and technical training, and the statistics on the distribution of men and women in the various sectors, occupations and positions in the public and private sectors, the Committee trusts that the Government’s next report will contain full information on this point.

5. The Committee notes from the Government’s report under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) that marriage is one of the factors that has a bearing on determining female labour participation, as married women shoulder domestic burdens and the responsibility of husband and children. Women therefore prefer to remain free to attend to family matters (CEDAW/C/KWT/1-2, page 29). The Committee wishes to point out that certain stereotypical attitudes and perceptions about the roles and responsibilities of women and men with respect to domestic burdens and the caring for children and other family members are important social factors constituting obstacles to women’s entry into the formal labour market. With a view to promoting the application of the Convention, it is also important that measures be taken to address such stereotypes and to foster public understanding of the need for a more equitable sharing between men and women of family responsibilities. The Committee therefore requests the Government to indicate the specific measures taken or envisaged to combat any remaining stereotypes about women’s place in the family and employment, to promote the access of women into occupations of their choice, including higher graded positions, and to assist them in reconciling their work and family responsibilities.

6. Sexual harassment. Discrimination based on sex. In the absence of any information on this point, the Committee recalls its general observation of 2002 concerning sexual harassment, and requests the Government to indicate, in its next report, the measures taken to prevent and combat (both quid pro quo and hostile environment) sexual harassment in the employment and occupation.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Access of women to particular occupations. In its previous observation, the Committee continued to draw the Government’s attention to the under-representation of women in particular occupations under the Government’s control. Having noted that certain laws of Kuwait appeared to rule 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, the Committee had reminded the Government that under the Convention, a State undertook 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 had to be repealed (Article 3(c) and (d) of the Convention). Noting the Government’s intention to communicate the information requested in its next report, the Committee trusts that this report will contain the following information:

(i)    the legal basis for excluding women from certain posts in the abovementioned occupations and the progress made with regard to removing any exclusions contrary to the Convention;

(ii)   the steps taken 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; and

(iii) 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.

Discrimination on the basis of race, colour and national extraction. The Committee notes the Government’s statement that it will communicate any new developments that may arise on the amendment of the Penal Code so as to include the specific provisions relating to race discrimination. However, the Committee must note with regret that the Government once again has failed to supply concrete information on the measures adopted to prevent discrimination on the basis of race, colour and national extraction in practice and the impact of such measures. The Committee therefore continues to be concerned about the Government’s apparent lack of 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 reiterates the importance of taking action on this matter, particularly in the light of the high number of foreign nationals from different ethnic and racial backgrounds working in Kuwait. The Committee urges the Government to take practical measures 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, and to provide information on the progress made in this regard. In addition, please provide information on any amendments to the Penal Code aimed at including express provisions concerning racial discrimination.

Application of the Convention to migrant domestic workers. In its previous observation, the Committee continued to raise concerns regarding the absence of legal measures or practical steps taken to address discriminatory treatment against migrant domestic workers in Kuwait. The Regulation of Domestic Service Agencies (Act No. 40 of 1992) did not appear to include provisions prohibiting discrimination against domestic workers either in terms of their access to employment or their conditions of work. The draft Labour Code (section 5) continued to exclude domestic workers from its scope of application. The Committee notes the Government’s response that domestic workers have been excluded from the scope of application of the draft Labour Code in view of the difficulty of applying certain provisions of the Labour Code, in particular those on inspection, to this category of workers. The Government, however, does not indicate what other legal or practical measures it has taken to address discriminatory treatment of migrant domestic workers. The Committee recalls the particular vulnerability of (migrant) domestic workers to multiple forms of discrimination based on race, colour, religion or sex due to the individual employment relationship, lack of legislative protection, stereotyped thinking about gender roles and undervaluing of this type of employment. Women, both nationals and migrant workers, are usually particularly affected. The Committee understands that in Kuwait the majority of migrant domestic workers are women who, under the Convention, should be protected against discrimination in all fields of employment and occupation as defined by Article 1(3) of the Convention and Paragraph 2(b) of the Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111). The Committee specifically draws the attention of the Government to subparagraph (iv), relating to equality of treatment with respect to security of tenure of employment, subparagraph (v) relating to equal remuneration for work of equal value, and subparagraph (vi) relating to conditions of work including hours of work, rest periods, annual holidays with pay, occupational safety and health as well as social security measures and welfare facilities and benefits provided in connection with employment. The fact that coverage of domestic workers by the Labour Code may not be “a method appropriate to national conditions and practice” does not relieve the Government from the obligation to ensure that domestic workers are protected in an effective manner against all forms of discrimination covered by the Convention. This also includes the provision of appropriate and effective enforcement mechanisms and means of redress and remedies for domestic workers who wish to raise complaints concerning discrimination. The Government is therefore urged to examine the nature and extent of employment discrimination against migrant domestic workers and to take the necessary legal or practical measures to protect them in an effective manner against all forms of discrimination covered by the Convention, and to report on the progress made in this regard. This should also 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, and the remedies provided and sanctions imposed. The Committee also reiterates its request that the Government provides information on the deliberations and outcomes of an interregional forum on expatriate labour that was planned for early 2007, in particular with regard to the issue of discrimination and domestic workers.

National policy. The Committee regrets that the Government’s report does not contain any information on the progress made in declaring and implementing 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 urges the Government to take the necessary steps to develop and apply a national policy on equality, and to report on the results achieved of any specific measures and programmes undertaken.

The Committee asks the Government to reply to the issues raised in its previous direct request of 2007.

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

[The Government is asked to supply full particulars to the Conference at its 98th Session and to reply in detail to the present comments in 2009.]

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

1. Discrimination on the basis of national extraction. With regard to the situation of stateless persons or residents without nationality in Kuwait (commonly referred to as “Bidoons”),  the Committee notes the Government’s indication that 11,076 of these individuals were given Kuwaiti nationality and a further 22,657 were granted legal residence upon obtaining passports from their countries of origin. The Committee welcomes the continued efforts of the Government to regularize the situation of stateless persons while pointing out that individuals who have been regularized, in addition to residents who remain stateless, may face difficulties in employment and training on account of their national extraction. The Government states in its report that discrimination on the basis of national extraction does not exist in Kuwait and that residents without nationality in fact work freely without any obstacles. The Government does not, however, provide support for these statements by presenting specific details on the employment situation of such workers (both regularized and non-regularized residents) or on the existence of measures to ensure that discrimination on the basis of national extraction does not occur in practice. The Committee hopes, therefore, that the Government will be in a position to supply such information, including statistics on the participation of this group in the Kuwaiti labour market, including information on the sectors or branches of work in which they are concentrated.

2. The Committee notes that the Government’s report does not reply to all of the matters addressed by the Committee at its last session. It is, therefore, bound to repeat certain points from its previous direct request which read as follows:

3. Article 1 of the Convention. Legal protection against discrimination in employment and occupation. The Committee notes the Government’s statement that the revision of the draft Labour Code, which is still before the Council of Ministers, will take into account the comments made by the ILO Office. The Committee notes the absence in the draft Labour Code of a provision defining and expressly prohibiting direct and indirect discrimination on the basis of all the grounds listed in Article 1(1)(a) of the Convention with respect to the areas of access to employment, apprenticeship, vocational guidance, promotion and termination. The Committee hopes that the Government will use the opportunity of a new Labour Code to include such a provision and requests the Government to keep it informed on the progress made in this regard.

4. Equal access of women to vocational training, employment and occupation. The Committee notes that, in reply to its previous request for information on specific measures to promote women’s access to training, employment and occupations of their choice, the Government merely repeats its previous statement that the principle of equality between men and women is recognized de facto and that therefore there is no need for such measures. The Committee recalls that, without further details on the specific situation of men and women in the Kuwaiti labour market as regards their access to employment, vocational training and conditions of work, it is difficult to assess whether the Convention is effectively applied. The Committee also wishes to recall the importance of continuing to assess and take action, as the promotion of equality does not aim at a stable situation that may be attained once and for all, but rather requires a permanent process (General Survey, 1988, paragraph 240). Noting the Government’s statement that it will transmit statistical information on the access of men and women to the different branches of vocational and technical training, and the statistics on the distribution of men and women in the various sectors, occupations and positions in the public and private sectors, the Committee trusts that the Government’s next report will contain full information on this point.

5. The Committee notes from the Government’s report under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) that marriage is one of the factors that has a bearing on determining female labour participation, as married women shoulder domestic burdens and the responsibility of husband and children. Women therefore prefer to remain free to attend to family matters (CEDAW/C/KWT/1-2, page 29). The Committee wishes to point out that certain stereotypical attitudes and perceptions about the roles and responsibilities of women and men with respect to domestic burdens and the caring for children and other family members are important social factors constituting obstacles to women’s entry into the formal labour market. With a view to promoting the application of the Convention, it is also important that measures be taken to address such stereotypes and to foster public understanding of the need for a more equitable sharing between men and women of family responsibilities. The Committee therefore requests the Government to indicate the specific measures taken or envisaged to combat any remaining stereotypes about women’s place in the family and employment, to promote the access of women into occupations of their choice, including higher graded positions, and to assist them in reconciling their work and family responsibilities.

6. Discrimination based on sex. Sexual harassment. In the absence of any information on this point, the Committee recalls its general observation of 2002 concerning sexual harassment, and requests the Government to indicate, in its next report, the measures taken to prevent and combat (both quid pro quo and hostile environment) sexual harassment in the employment and occupation.

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

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.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Article 1 of the Convention. Legal protection against discrimination in employment and occupation. The Committee notes the Government’s statement that the revision of the draft Labour Code, which is still before the Council of Ministers, will take into account the comments made by the ILO Office. The Committee notes the absence in the draft Labour Code of a provision defining and expressly prohibiting direct and indirect discrimination on the basis of all the grounds listed in Article 1(1)(a) of the Convention with respect to the areas of access to employment, apprenticeship, vocational guidance, promotion and termination. The Committee hopes that the Government will use the opportunity of a new Labour Code to include such a provision and requests the Government to keep it informed on the progress made in this regard.

2. Application of the Convention to domestic workers. Further to its observation, the Committee notes the Government’s statement that domestic workers enjoy full protection in civil law and under the Penal Code. However, it also notes that, despite the fact that an ILO survey on "Gender and Migration in Arab States. The Case of Domestic Workers" (2004) highlights the vulnerable position of migrant domestic workers in Kuwait as regards their terms of employment and conditions of work, section 5 of the draft Labour Code continues to exclude these workers from its scope of application. The Committee further understands from information submitted by the Government to the Committee on Economic Social and Cultural Rights (CESCR), that a directorate has been established composed of representatives of different ministries, a labour representative, a representative of the Chamber of Commerce and a representative of the General Confederation to monitor the situation of domestic workers (E/C.12/2004/SR.10, 7 May 2004). Concerned over the lack of protection of domestic workers against multiple discrimination based on sex and race, the Committee requests the Government to provide information in its next report on the specific action taken by the directorate to address discriminatory treatment of migrant domestic workers, including information on its ability to receive complaints and provide legal assistance to those workers. Please also indicate to what extent the protection afforded under the Kuwaiti legislation to domestic workers is effectively applied in practice, and include information on the number and nature of infringements of the legislation applicable to domestic workers, and the compensation provided to the workers who suffered damages.

3. Discrimination on the basis of national extraction. Residents without nationality (Bidoons). With reference to its previous comments regarding the regularization of the legal situation of Bidoons, the Committee notes that a number of Emiri Decrees have been promulgated to grant Kuwaiti nationality to 8,246 persons, in addition to the 21,020 persons who requested the issue of passports of their countries of origin, and who were given legal residence in Kuwait on the basis of such passports. The Committee further notes the Government’s explanation that registration with the Executive Committee does not automatically lead to naturalization or the granting of a residence permit and that currently 90,000 persons are registered whose situation has not been settled. The Committee recalls its previous comments that being a resident without papers has negative effects on the training and employment situation of the Bidoons. Noting that the Government’s report remains ambiguous on the progress made in regularizing the legal situation of these persons, the Committee requests the Government to indicate in its next report how many men and women of the abovementioned 8,246 persons who were granted Kuwaiti nationality are Bidoons and how many Bidoons registered with the Executive Committee have been naturalized or have received a residence permit and are currently employed. The Committee also hopes that the next Government’s report will show more substantive progress with respect to the legislative and/or administrative measures taken to ensure equal employment and training opportunities of the Bidoons.

4. Equal access of women to vocational training, employment and occupation. The Committee notes that, in reply to its previous request for information on specific measures to promote women’s access to training, employment and occupations of their choice, the Government merely repeats its previous statement that the principle of equality between men and women is recognized de facto and that therefore there is no need for such measures. The Committee recalls that, without further details on the specific situation of men and women in the Kuwaiti labour market as regards their access to employment, vocational training and conditions of work, it is difficult to assess whether the Convention is effectively applied. The Committee also wishes to recall the importance of continuing to assess and take action, as the promotion of equality does not aim at a stable situation that may be attained once and for all, but rather requires a permanent process (General Survey, 1988, paragraph 240). Noting the Government’s statement that it will transmit statistical information on the access of men and women to the different branches of vocational and technical training, and the statistics on the distribution of men and women in the various sectors, occupations and positions in the public and private sectors, the Committee trusts that the Government’s next report will contain full information on this point.

5. The Committee notes from the Government’s report under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) that marriage is one of the factors that has a bearing on determining female labour participation, as married women shoulder domestic burdens and the responsibility of husband and children. Women therefore prefer to remain free to attend to family matters (CEDAW/C/KWT/1-2, page 29). The Committee wishes to point out that certain stereotypical attitudes and perceptions about the roles and responsibilities of women and men with respect to domestic burdens and the caring for children and other family members are important social factors constituting obstacles to women’s entry into the formal labour market. With a view to promoting the application of the Convention, it is also important that measures be taken to address such stereotypes and to foster public understanding of the need for a more equitable sharing between men and women of family responsibilities. The Committee therefore requests the Government to indicate the specific measures taken or envisaged to combat any remaining stereotypes about women’s place in the family and employment, to promote the access of women into occupations of their choice, including higher graded positions, and to assist them in reconciling their work and family responsibilities.

6. Discrimination based on sex. Sexual harassment. In the absence of any information on this point, the Committee recalls its general observation of 2002 concerning sexual harassment, and requests the Government to indicate, in its next report, the measures taken to prevent and combat (both quid pro quo and hostile environment) sexual harassment in the employment and occupation.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Equality between men and women. Legislative developments. The Committee notes with interest the recent political and legal reforms in the country, including the amendment of the Electoral Law giving, for the first time, Kuwaiti women the right to vote and stand for public office. In the Committee’s view, the amendment is an important step in the pursuit of equality between men and women in society, and creates a new environment which should be conducive to more rapid progress towards equality of opportunity and treatment between men and women in employment and occupation.

2. Access of men and women to particular occupations, including posts in the judiciary. For a number of years, the Committee has commented on the under-representation or absence of women in the judiciary, in particular to posts as judges. It had noted the Government’s repeated explanations that women participate in judicial work as assistants or colleagues of judges or prosecutors and that there were no written texts forbidding the access of women to these posts; it was rather the weight of custom and tradition that did not encourage women to seek such posts. In this regard, the Committee had drawn the attention of the Government to the special responsibility of the State concerning the effective pursuit of a policy of equality of opportunity and treatment in respect to employment under its control, and had encouraged the Government to examine the issue of restrictions in practice to women’s access to posts as judges. The Committee regrets to note that the Government continues to maintain that there are no legal obstacles impeding women to access posts as judges, while at the same time, the Government, in its report under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), indicates that women can only be employed in the Department of Public Investigations and are not allowed to work in the Administration of Justice Division and the Department of Public Prosecutions "for a variety of reasons" (CEDAW/C/KWT/1-2, 1 May 2003, page 25). The Committee asks the Government to indicate the reasons for these restrictions on women’s employment in the Administration of Justice and the Department of Public Prosecutors, and urges it to examine the manner in which it can remove the practical restrictions to access of women to posts as judges who sit in court, to promote women’s access to judicial careers in general and to indicate the results achieved in its next report.

3. Discrimination on the basis of race and national extraction. Concerning the manner in which protection is afforded in law or in practice against discrimination on the basis of race and national extraction in conformity with the Convention, the Committee notes that the Government continues to repeat its statements that no discrimination on the basis of race exists in Kuwait. The Government further indicates that it will keep the Committee informed of the progress made in the adoption of the legislative proposals to include two sections concerning racial discrimination in the Penal Code. Having in mind the diverse labour force in Kuwait, including the high number of foreign workers from different ethnic and racial backgrounds; recalling also its previous comments regarding the need for the effective protection of migrant domestic workers, many of whom are women, against discriminatory treatment, the Committee is concerned over repeated statements by the Government that no racial discrimination exists in the country without providing full details on the employment situation of this highly diverse labour force. It is also concerned about the apparent lack of Government commitment to adopt measures to ensure that no person, including foreign workers, is subjected to discrimination and unequal treatment on the basis of race or national extraction. The Committee trusts that the next Government’s report will contain full information on the specific action 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.

4. National policy on equality. The Committee 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 eliminating 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.

The Committee is raising other and related points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report and requests the Government to reply to the following points.

1. The Committee notes that the draft Labour Code has been submitted to the Council of Ministers for referral to the legislative authority for approval. Hoping that the draft contains provisions to implement the Convention, the Committee asks the Government to keep it informed of the progress made in the adoption of the draft Labour Code and to supply a copy of the text as adopted.

2. Discrimination on the basis of national extraction. The Committee notes that the Government continues to address the situation of stateless persons or residents without nationality (bidoons). It notes in particular that Decree No. 426/I/11, issued by the Council of Ministers on 27 June 1999 contains modalities and criteria for the regularization of the legal situation of such persons. The Committee also notes the statistical information submitted by the Government according to which out of the 62,906 stateless persons registered with the Executive Committee, 23,464 are employed in the private sector, 8,963 are government employees, and 30,469 are students. Recalling that the fact of being a resident without papers has negative effects on the training and employment potential of these persons, as well as their conditions of employment, the Committee requests the Government to continue to provide information on the progress made in regularizing the situation of bidoons, including information on any new legislative or/and administrative measures taken or envisaged. In respect to the statistical information provided, the Government is invited to clarify whether registration with the Executive Committee means that a particular case has been finally settled, i.e. that these persons have been either naturalized or have been granted a residence permit. The Government is also requested to indicate the overall number of cases settled to date and the number of bidoons whose situation has not yet been addressed. In addition, the Committee reiterates its request to the Government to supply information concerning the participation of Bedouins in the Kuwaiti labour market, both quantitatively and qualitatively.

3. Discrimination on the basis of sex. The Committee notes the Government’s statement that there are no restrictions to the right of women to access occupations of their own choice and that women equally participate in training. According to the Government there was no need to organize awareness-raising activities, as the principle of equality of opportunity for men and women was already recognized in the labour market. The Committee recalls that it is difficult to accept statements to the effect that equality in employment and occupation has been fully achieved, in particular when no details are given on the content and methods of promoting and implementing the national policy on equal opportunity and treatment nor on the situation of men and women in employment. It also recalls the importance of continuing to assess and take action as the promotion of equality does not aim at a stable situation that may be attained once and for all, but rather requires a permanent process (see General Survey on the Convention of 1988, paragraph 240). Noting from the Government’s report that for the time being no statistical information on the situation of Kuwaiti men and women in the labour market is available, the Committee requests the Government to make every effort to collect, analyse and forward such information, including statistical data on the access of men and women to the various branches of occupational and technical training and statistics, the distribution of men and women in the various sectors, and occupations and post in the public and private sector. The Committee also reiterates its request to the Government to provide detailed information on specific measures or programmes that have been set up to promote women’s access to training, employment and occupations of their choice, including measures to foster public understanding and acceptance of the principles of non-discrimination.

4. In respect to the access of women to judicial careers, and in particular to posts as judges who sit in court, the Committee notes that the Government once again states that there are no legal texts impeding women from becoming judges, but that it is rather due to existing traditions and customs in Kuwaiti society that women are under-represented in these professions. The Committee once again recalls the importance that the provisions of the Convention are fully and strictly applied not only at the legislative and regulatory level, but also, and particularly, in practice. Drawing the Government’s attention to Article 3(b) and (d), of the Convention, the Committee again emphasizes the special responsibility of the State concerning the effective pursuit of a policy of equality of opportunity and treatment in respect to employment under its control. Noting that the Government does not provide any new information on this matter, the Committee is bound to reiterate its request to the Government to indicate whether it envisages examining the issue to remove the restrictions in practice to the access of women to posts as judges who sit in court, and to promote women’s access to judicial careers in general.

5. Discrimination on the basis of race. The Committee notes the Government’s statement that in Kuwait there is no discrimination based on race in regard to training and access to employment and occupation. Having in mind the diverse composition of the Kuwaiti labour force, the Committee observes that wherever human beings from different ethnic or racial background live and work together, special attention is warranted to ensure that no person is subjected to discrimination and unequal treatment in employment and occupation on the ground of race and colour. The Committee therefore requests the Government once again to submit in its next report indications as to the status of the legislative proposals to add two sections to the Kuwaiti Penal Code (prohibiting incitement to racial discrimination and making it punishable for public officials not to respect racial equality) and to provide information on any other measures taken or envisaged to prevent discrimination based on race, colour, national extraction or religion in regard to employment and occupation.

6. As regards the protection of domestic workers, the majority of which are women, from discrimination and unequal treatment on the basis of sex and race, the Committee notes the Government’s statement that such protection is provided for under Decree No. 40 of 1992 on the regulation of domestic service agencies. The Committee notes that this Decree generally regulates the establishment of domestic service agencies and prohibits that such agencies demand any commission payments from domestic workers. While the Committee recognizes that regulating the operation of employment agencies is one element of providing protection to domestic workers from exploitation, it observes that Decree No. 40 of 1992 does not appear to cover the relationship between domestic workers and their actual employers, with a view to prohibiting and preventing discrimination in regard to conditions of work (payment of wages, duration of work, etc.). Recalling the exclusion of domestic workers from the Labour Code, the Committee requests the Government to indicate how the Convention is applied to domestic workers in law and practice. The Committee reiterates its request to the Government to supply information on the activities of the authorities responsible for regulating the conditions of employment of domestic workers, and indicate the number and nature of allegations of infringements of labour legislation applicable to domestic workers which are made each year, and the measures taken to punish the offenders and compensate the victims for the damages suffered.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes the detailed information supplied by the Government on the amendments it intends to make to the new Labour Code which it is in the process of preparing and requests the Government to keep it informed of progress in the revision and adoption of this draft and to supply a copy of the text finally adopted.

2.  Discrimination based on national extraction.  The Committee notes that the Supreme Central Committee established in 1993 to address the situation of stateless persons or residents without nationality (bidoons) is continuing its work with a view to regularizing the situation of these persons. The Government states that the Committee has prepared plans and principles in order to find appropriate solutions for each case. The Committee regrets however that the Government has supplied no information on the follow-up given to the possibility it mentioned in its previous report of solving the situation of this category of persons by legislative means, nor information on the number of cases examined to date by the Supreme Central Committee or the criteria used to settle the situation of stateless persons and the results obtained. The Committee recalls that, according to the information in its possession, about 110,000 people are in this situation and the fact of being a resident without papers has negative effects on the training and employment potential of these persons as well as on their conditions of employment. Hence, for example, stateless persons do not have access to posts in the civil service because they cannot prove their nationality. Nor can they benefit from the principle of free education at all levels which is reserved for Kuwaiti nationals. The Committee is therefore bound to reiterate its request for information on the number of cases settled to date and also on any measures taken or envisaged to promote equality of opportunity and treatment for stateless persons, particularly in vocational training, employment and conditions of employment. It would also be grateful to have statistical data on participation of this category of the population in the Kuwaiti labour market, particularly in the sectors or branches of work where they are concentrated. Finally, noting that the United Nations Human Rights Committee has expressed its concern at the treatment suffered by thousands of Bedouins, included in the category of stateless persons and described as "illegal residents" (despite the fact that many of them were born on Kuwaiti territory or have lived there for generations) (CCPR/CO/69/KWT, paragraphs 14-17), the Committee would be grateful if the Government would supply information, including statistics, on the participation of Bedouin in the Kuwaiti labour market, both quantitatively and qualitatively.

3.  Discrimination based on sex.  The Committee notes the Government’s statement that there is no discrimination between men and women in Kuwaiti society. It notes, however, that recent developments such as the refusal to give women the right to vote or seek election to public office, despite the initiatives taken by the Emir to give women a greater role in political life, throw doubt on the extent to which women may have access in practice to various employment and training opportunities. The Committee therefore requests the Government to supply detailed information on the specific measures or programmes that have been set up to allow women to have access to training, employment and occupations of their choice. It also requests the Government to indicate whether campaigns for public awareness and promotion of the principle of equality of opportunity between men and women have been conducted.

4.  The Committee has noted the Government’s explanations concerning access of women to judicial careers, and particularly to posts as judges who sit in court (there are women investigating magistrates). It appears from these explanations that there are no written texts forbidding the access of women to these posts, but that it is rather the weight of custom and tradition - in Kuwait, but also in the Arab States in general - which does not encourage women to seek such posts. The Government states that women nevertheless participate in judicial work as assistants or colleagues of judges or prosecutors. The Committee emphasizes that it has already addressed the question of the weight of customs and traditions in regard to the access of women to judicial careers in the Arab countries. Noting that the Government states that this situation is not contrary to the principle of equality, the Committee draws attention to the fact that, for full application of the Convention, it is necessary but not sufficient that the provisions of internal law should be in conformity with the provisions of the Convention. It is important that the provisions of the Convention are fully and strictly applied at the legislative or regulatory level as well as, and particularly, in practice. In addition, the Committee considers that particular stress should be placed on the obligations incumbent on a State which ratifies the present Convention, by virtue of Article 3(a) to (d) of the Convention. In this regard, it stresses the special responsibility of the State concerning effective pursuit of a policy of equality of opportunity and treatment in respect of employment under its control, particularly to ensure equal access by all to employment and occupations, without discrimination based on any of the seven grounds of discrimination prohibited by the Convention, particularly sex. The Committee therefore requests the Government to indicate whether it envisages examining the issue of removing obstacles to the access of women to posts as judges who sit in court.

5.  The Committee has noted the statistical data supplied by the Government, portions of which are disaggregated by sex, but notes that this such data was supplied only in relation to migrant workers. It therefore requests the Government to supply with its next report statistics on the situation of Kuwaiti women and men on the labour market, their respective access to the various branches of occupational and technical training provided by the Government and statistics on the distribution of men and women in the various sectors, occupations and posts in the public and private sectors.

6.  Discrimination based on race.  The Committee, like the United Nations Committee for the Elimination of Racial Discrimination (CERD/C/304/Add.72, paragraphs 6 and 18), notes the legislative proposal to add two sections to the Kuwaiti Penal Code, one prohibiting incitement to racial discrimination and the other making it a punishable offence for public officials not to respect racial equality, and requests the Government to keep it informed of the progress of this proposal and of the suggestion by the Committee on strengthening programmes for the education and training of officials responsible for application of the law. The Committee requests the Government to indicate the measures taken to prevent any discrimination based on race in regard to training and access to employment and occupation.

7.  The Committee has noted the reasons for which domestic workers in Kuwait have a special status, namely that the particular nature of their employment (that is, the fact of living with the employer’s family and thus being privy to its secrets and private life) requires different regulations from ordinary law. In this regard, it recalls that although the Government considers that the specific nature of domestic employment justifies exclusion of these workers from the application of the Labour Code, that does not prohibit application of the principle of equality enshrined in Convention No. 111 to this category of workers. The Committee therefore reiterates its request for information on the manner in which the protection afforded by Convention No. 111 is extended to domestic workers, the majority of whom are women, within the framework of their special status. Noting, furthermore, that the United Nations Committee for the Elimination of Racial Discrimination has expressed its concern at the discriminatory treatment suffered by domestic servants of foreign origin (CERD/C/304/Add.72, paragraph 11) in Kuwait, the Committee requests the Government to indicate to what extent the protection afforded by Kuwaiti legislation to this category of workers, particularly in regard to conditions of employment (payment of wages, duration of work, etc.), is effectively applied in practice. It would be grateful, in particular, if the Government would supply information on the activities of the department responsible for regulating the conditions of employment of domestic servants, and indicate the number and nature of allegations of infringements of labour legislation applicable to domestic workers which are made each year, and the measures taken to punish the offenders and compensate the victims for the damages suffered.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the report provided by the Government as well as the Government's response to the points raised by the previous direct request.

1. The Committee notes that a draft Labour Code has been prepared with the assistance of the ILO and that its recommended provisions are in conformity with the principles of the Convention. The Government is requested to indicate the progress made in the review and adoption of the draft Code and to supply a copy of the final text when it is adopted.

2. Non-discrimination on the basis of national extraction. Recalling its previous comments on the employment situation of "stateless persons" and, in particular, the conclusions contained in the report of the Commission of Human Rights Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance (UN doc. E/CN.4/1997/71/Add.2 of January 1997), the Government indicates that, pursuant to the 1982 Ministerial Order establishing a Supreme Central Committee ("SCC") to address the situation of such "stateless persons" on a case-by-case basis, the status of each individual case is being examined to determine whether such persons have the right to obtain Kuwaiti nationality. The Government reports that, as of November 1997, there were 185 "stateless persons" working in the Kuwaiti public sector, and that no statistics are available for such persons employed in the private sector. The Government further indicates that it is looking into the possibility of settling the situation of this category of persons through the adoption of legislation. The Government is asked to provide full information in its next report on the progress, if any, of the legislation, and on the activities of the SCC, including information on the number of cases reviewed by the SCC, the criteria used to determine the status of "stateless persons", and the outcome. The Committee also requests the Government to indicate the measures taken to promote equal opportunity and access to education, vocational training and employment for "stateless persons" and to provide statistical data indicating the percentages of Kuwaiti nationals and "stateless persons" in education, training and employment.

3. Non-discrimination on the basis of sex. With respect to non-discrimination on the basis of sex, the Committee has previously noted that the official translations of the Kuwaiti Constitution available in the ILO give the term "djins", as used in article 29, the meaning of "race" instead of "gender". The Committee thanks the Government for clarifying that the term "djins" means male or female and that article 29 of the Constitution reflects the principle of non-discrimination on grounds of sex as well as origin, language and religion. The Committee further notes the Government's statements that the Kuwaiti national policy of promoting equality of opportunity in employment is reflected in the laws regulating public and private sector employment. In reviewing the provisions cited by the Government in confirmation of its adoption of a non-discrimination policy, the Committee notes that Legislative Decree No. 15 of 1979 on the Civil Service does not discriminate against women in employment, nor does it expressly prohibit discrimination against women in their employment. With regard to the Labour Code in the Private Sector (Act No. 38), the Committee notes that said law neither permits nor prohibits discrimination against women in the areas of access to employment and to particular occupations, vocational training, occupational guidance, promotion or termination. The Committee thus requests the Government to indicate the specific measures taken to promote equality between men and women in vocational training and employment. The Government is also asked to supply up-to-date statistics regarding the status of women in the labour market, showing the educational and vocational training opportunities available to them and the number and types of positions held in the public and private sectors.

4. Further to the specific point of women's access to office in the Kuwaiti judiciary, the Government states that the canonical law of Islam deems that the appointment to positions of sensitivity, such as the judiciary, must be limited to men. The Committee refers the Government to the language of Article 1(1)(a) of the Convention, which defines discrimination as any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation. It requests the Government to examine the manner in which the national legislation and practice can ensure application of the principle of non-discrimination.

5. The Government's report references Act No. 2 of 1997, which amends the provisions of section 2 of the Labour Code to eliminate the exclusion of certain categories of workers from coverage under the Code. The Committee notes that the amended section 2 continues to exclude domestic workers from coverage of the basic laws on employment in the country. The Government is asked to indicate the manner in which the protections afforded under the Labour Code and the Convention are extended to domestic workers, the majority of whom are women.

6. Non-discrimination on the basis of race. Given the Government's statements that the term "djins" refers to gender, the Government is asked to indicate the manner in which protection is afforded from discrimination on the basis of race in either the legislation or practice in conformity with the Convention.

7. Special measures of protection. The Committee notes with interest the promulgation of Act No. 49 of 1996 which, inter alia, requires government bodies employing 50 or more Kuwaiti workers to ensure that disabled persons constitute at least 2 per cent of the workforce.

8. The Committee notes the promulgation of Ministerial Order No. 46 of 1997, establishing a commission to investigate violations of Act No. 38 of 1964, concerning labour in the private sector. The Government is asked to provide information on the activities of the commission relevant to the application of the Convention, including information on any allegations of violations involving discrimination.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. Further to its previous comments on the employment situation of stateless persons in regard to possible discrimination on the ground of national extraction, the Committee notes the report of the Commission on Human Rights Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance on his mission to Kuwait (UN Document E/CN.4/1997/71/Add.2 of 14 January 1997). In his report, the Special Rapporteur concludes that: (a) the question of the "Bedoun", who until very recent years had made up the majority of the Kuwaiti armed forces should be settled once and for all in an equitable and humane fashion, and that they should be guaranteed access to social services; and (b) legislation and a uniform labour code, in conformity with international Conventions, should be adopted and its application enforced with the continuing cooperation with the ILO which provided technical assistance for the preparation of the draft code. The Committee requests the Government to provide information on measures taken or contemplated to implement the Special Rapporteur's recommendations.

2. The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters concerning discrimination on the grounds of sex raised in its previous request, which read as follows:

1. The Committee already noted in a previous comment that, although the Constitution enshrines the equality of all in rights and duties before the law without distinction as to race, origin, language or religion, in practice there are no women judges. The Committee notes that the Government justifies the affirmation of its will to develop a policy of non-discrimination based on sex, on the one hand, by citing article 29 of the Constitution and, on the other hand, by referring to its ratification, by a 1994 Order, of the International Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). However, an official translation of the Constitution, available in the ILO, gives the term "djins" used in above-mentioned constitutional article 29 the meaning of "race", and, moreover, the Committee notes that the ratification mentioned by the Government does not concern CEDAW, but appears to be that of the International Convention against All Forms of Racial Discrimination. The Government is asked to specify, in its next report, the meaning of the term "djins" so that the Committee is able to evaluate the application of the principle of the Convention.

2. In regard to the specific point of women's access to office in the judiciary, the Government stresses that it is not because of discriminatory legislation but because of tradition and custom firmly entrenched in society that women show no interest in the judiciary professions as such and prefer to hold positions as assistants to the magistrature. In this respect, the Commission reminds the Government that Article 3(b), (c) and (d) of the Convention implies the obligation to enact legislation, promote educational programmes calculated to secure the acceptance and observance of the policy of equality of opportunity and treatment in employment and occupation, to modify any provisions and administrative practices which are inconsistent with this policy and to pursue the policy in respect of employment under the direct control of a national authority. Under (e) of the same Article, ratification of the Convention also obliges a State to ensure observance of the policy in the activities of vocational guidance and placement services under the direction of a national authority. While recalling that under this Article the above-mentioned obligations must be carried out by methods appropriate to national conditions and practice, the Committee expresses the hope that the Government will continue to endeavour to institute the measures necessary for the non-discrimination policy set out in article 29 of the Constitution, that it will indicate in its next report how it intends to ensure that national legislation and practice advocate the principle of equality embodied in the Convention, and that it will keep the Office informed of all positive measures already taken in this regard, and of their results.

3. The Committee notes the statistical table showing the distribution by sex and type of institution of those who have gained educational and vocational training qualifications over the past 12 years. It notes a constant increase in the number of women as compared with the number of men. It would be grateful if the Government would supplement this information in order to allow it to better assess the amount of progress made in regard to diversification of education provided for girls and women, as compared with the situation prevailing hitherto, by indicating the branches of education and vocational training covered in the table.

4. Further to its previous comments on the situation of stateless persons in regard to possible discrimination on the grounds of national extraction, the Committee notes the important information contained in the Government's report to the effect that a committee has been set up by a decision of the Council of Ministers in order to examine, case by case, the possibility of granting Kuwaiti nationality. The Committee would be grateful if the Government would keep the ILO informed of any development in this matter and requests it, once again, to supply in its next report precise information on the concrete measures taken in practice, on the one hand, to eradicate any discrimination against this category of people on the ground of national extraction and, on the other hand, to encourage their access to vocational training and employment, as well as information on their working conditions. Please provide in particular statistical data on educational opportunities open to them and on the positions they hold in the public and private sectors.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the Government's report and the information supplied in reply to its previous comments.

1. Discrimination on the grounds of sex. The Committee already noted in a previous comment that, although the Constitution enshrines the equality of all in rights and duties before the law without distinction as to race, origin, language or religion, in practice, there are no women judges. The Committee notes that the Government justifies the affirmation of its will to develop a policy of non-discrimination based on sex, on the one hand, by citing article 29 of the Constitution and, on the other hand, by referring to its ratification, by a 1994 Order, of the International Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). However, an official translation of the Constitution, available in the ILO, gives the term "djins" used in above-mentioned constitutional article 29 the meaning of "race", and, moreover, the Committee notes that the ratification mentioned by the Government does not concern CEDAW, but appears to be that of the International Convention against All Forms of Racial Discrimination. The Government is asked to specify, in its next report, the meaning of the term "djins" so that the Committee is able to evaluate the application of the principle of the Convention.

2. In regard to the specific point of women's access to office in the judiciary, the Government stresses that it is not because of discriminatory legislation but because of tradition and custom firmly entrenched in society that women show no interest in the judiciary professions as such and prefer to hold positions as assistants to the magistrature. In this respect, the Commission reminds the Government that Article 3(b), (c) and (d) of the Convention implies the obligation to enact legislation, promote educational programmes calculated to secure the acceptance and observance of the policy of equality of opportunity and treatment in employment and occupation, to modify any provisions and administrative practices which are inconsistent with this policy and to pursue the policy in respect of employment under the direct control of a national authority. Under (e) of the same Article, ratification of the Convention also obliges a State to ensure observance of the policy in the activities of vocational guidance and placement services under the direction of a national authority. While recalling that under this Article the above-mentioned obligations must be carried out by methods appropriate to national conditions and practice, the Committee expresses the hope that the Government will continue to endeavour to institute the measures necessary for the non-discrimination policy set out in article 29 of the Constitution, that it will indicate in its next report how it intends to ensure that national legislation and practice advocate the principle of equality embodied in the Convention, and that it will keep the Office informed of all positive measures already taken in this regard, and of their results.

3. The Committee notes the statistical table showing the distribution by sex and type of institution of those who have gained educational and vocational training qualifications over the past 12 years. It notes a constant increase in the number of women as compared with the number of men. It would be grateful if the Government would supplement this information in order to allow it to better assess the amount of progress made in regard to diversification of education provided for girls and women, as compared with the situation prevailing hitherto, by indicating the branches of education and vocational training covered in the table.

4. Further to its previous comments on the situation of stateless persons in regard to possible discrimination on the grounds of national extraction, the Committee notes the important information contained in the Government's report to the effect that a committee has been set up by a decision of the Council of Ministers in order to examine, case by case, the possibility of granting Kuwaiti nationality. The Committee would be grateful if the Government would keep the ILO informed of any development in this matter and requests it, once again, to supply in its next report precise information on the concrete measures taken in practice, on the one hand, to eradicate any discrimination against this category of people on the ground of national extraction and, on the other hand, to encourage their access to vocational training and employment, as well as information on their working conditions. Please provide in particular statistical data on educational opportunities open to them and on the positions they hold in the public and private sectors.

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

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.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee takes note of the Government's report.

1. With regard to measures to promote equality of opportunity and treatment in vocational training, the Committee notes with interest the details supplied by the Government concerning the courses offered by the General Agency for Practical Education and Training, and particularly the Agency's efforts to offer women the possibility of entering sectors of activity where there is a large concentration of male employees (technical and scientific areas) and to promote women in different areas and specialities. The Committee nevertheless must point out that the Government supplies no statistical data, as requested, on the number of women receiving training in general, or through the Agency's programmes, on the ratio of women to men in such programmes, the background of participants and the results achieved by the Agency's work. It accordingly repeats its request for such information.

2. Noting the Government's statement that public service posts are established without discrimination on the basis of sex or any other ground and the information it provides concerning progress in the employment of women in the public service, evidenced by the appointment of women to the posts of Assistant Under-Secretary of State for the Ministry of Public Administration and Dean of Faculties of the University of Kuwait, the Committee again must point out that no statistics have been provided on the number and distribution of men and women throughout the four principal groups of the public administration. It accordingly asks the Government to supply these details in its next report.

3. The Committee notes that the report does not reply to the final points of its previous direct request and hopes that the Government will communicate with its next report the information requested on the following points:

(a) The Committee again asks the Government to indicate the measures taken or contemplated to ensure that access to employment in the judiciary is guaranteed without discrimination of any kind, particularly on grounds of sex or religion. Please indicate the number and functions of women and members of religious minorities employed in the judiciary.

(b) The Committee would be grateful if the Government would provide, in its next report, information on the measures which have been taken as regards equality of opportunity and treatment in employment for the "Bedouns" (stateless persons).

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee takes note of the Government's latest report.

1. With regard to vocational training, the Committee again asks the Government to supply information on the effective participation of women in such training and to indicate by what means the Government endeavours to facilitate their access to it in pursuit of the national policy of promoting equality of opportunity and treatment referred to in Article 2 of the Convention. Please transmit statistical data on the subject.

2. The Committee takes note of the establishment of the General Agency for Practical Education and Training which, according to the Government's report, plays a particular part in supplying the labour market with skilled workers equipped with the necessary training through special programmes suited to the needs of the public and private sectors. The Committee asks the Government to transmit more specific information as to the nature of that programme, the number of participants, their background, the ratio of men to women and the results achieved.

3. With regard to the public service, the Committee again asks the Government to indicate how far women are also appointed to senior posts in the public administration and to supply statistics on the number and distribution of men and women at the various levels.

4. The Committee again asks the Government to indicate the measures taken or contemplated to ensure that access to employment in the judiciary is guaranteed without discrimination of any kind, particularly on grounds of sex or religion. Please indicate the number and functions of women and members of religious minorities employed in the judiciary.

5. The Committee would be grateful if the Government would provide, in its next report, information on the measures which have been taken as regards equality of opportunity and treatment in employment for the Bedouins.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee hopes that the Government will be able to provide a report for examination by the Committee at its next session and that this report will contain information on the matters raised in its previous direct request, which read as follows:

1. With regard to vocational training, which is of capital importance in achieving equality of opportunity and treatment in respect of employment and occupation, the Government stated in its report received in 1986 that both national workers and immigrant workers - men and women - benefit by training programmes meeting the needs of modern technology and enabling the participant at the end of training to carry out a job in the various spheres of active life.

The Committee noted this information with interest and requests the Government to indicate - if possible on the basis of statistics - how far women participate in this training and by what means their access to it is facilitated. The Committee would also like to have information on the activities of the General Agency for Practical Education and Training, which was to be set up under Act No. 63 of 1982, and on those of the Centre for the Training and Preparation of Kuwaiti Women, set up under the Ministerial Order of 5 November 1980. The Government is also requested to furnish full information (including statistics) on the number of participants and the results obtained.

2. The Committee also noted from the report that Act No. 15 respecting the public service contains no provisions discrimninating against women, who enjoy equality of opportunity and treatment irrespective of the nature of their work and the post they occupy. The Committee requests the Government to indicate how far women are also appointed to senior posts in the public administration.

3. The Committee requests the Government to indicate the measures taken to ensure that access to employment in the judiciary is guaranteed without discrimination on grounds of sex or religion, and to provide information on the effect of such measures, stating the number and capacity of women and members of religious minorities who exercise judicial functions.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes with regret that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. With regard to vocational training, which is of capital importance in achieving equality of opportunity and treatment in respect of employment and occupation, the Government stated in its report received in 1986 that both national workers and immigrant workers - men and women - benefit by training programmes meeting the needs of modern technology and enabling the participant at the end of training to carry out a job in the various spheres of active life.

The Committee noted this information with interest and requests the Government to indicate - if possible on the basis of statistics - how far women participate in this training and by what means their access to it is facilitated. The Committee would also like to have information on the activities of the General Agency for Practical Education and Training, . . .which was to be set up under Act No. 63 of 1982, and on those of the Centre for the Training and Preparation of Kuwaiti Women, set up under the Ministerial Order of 5 November 1980. The Government is also requested to furnish full information (including statistics) on the number of participants and the results obtained.

2. The Committee also noted from the report that Act No. 15 respecting the public service contains no provisions discrimninating against women, who enjoy equality of opportunity and treatment irrespective of the nature of their work and the post they occupy. The Committee requests the Government to indicate how far women are also appointed to senior posts in the public administration.

3. The Committee requests the Government to indicate the measures taken to ensure that access to employment in the judiciary is guaranteed without discrimination on grounds of sex or religion, and to provide information on the effect of such measures, stating the number and capacity of women and members of religious minorities who exercise judicial functions.