Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (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.