Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (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of employment under its direct control and that any exclusions from occupations contrary to the Convention had to be repealed (Article 3(c) and (d) of the Convention).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.]