Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (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.