Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Koweït (Ratification: 2000)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted that section 185 of the Penal Code prohibits a person’s entry or exit into or from Kuwait for the purpose of disposing of him/her as a slave. The same provision prohibits any person from buying, exposing for sale, or guiding another person into serfdom. The Committee therefore observed that the Penal Code appeared to prohibit only the trafficking of persons for the purpose of forced labour and that there were no specific legal provisions prohibiting the sale and trafficking of children under 18 years of age. The Committee noted that the draft Trafficking Bill which contained provisions prohibiting the trafficking in children under 18 years of age and which had been submitted to the National Assembly by decree in 2008, had not yet been discussed.

The Committee notes the Government’s reference to section 183 of the Penal Code which stipulates that any person who kidnaps, hides, replaces or gives away a newborn child to any other person other than his father or mother shall be punishable with imprisonment for not less than five years and not more than 15 years. The Committee further notes that according to section 178 of the Penal Code, any person who abducts another person without his consent, and by force, moves him/her from the place of his/her residence to another place shall be punished with imprisonment for not less than three years. Where such an offence is committed against an insane person or a person under the age of 18 years, the penalty shall be life imprisonment. Section 179 of the Penal Code further stipulates that kidnapping a person under the age of 18 years, even without the use of force, threat or deception, intending to kill, harm or to engage him/her in prostitution is punishable with life imprisonment. The Committee notes from the Government’s report that the draft Trafficking Bill has been approved by the Council of Ministers and will be submitted to the legislative committee of the Majlis al Ummah. Considering that the Government has been referring to this draft Trafficking Bill for a number of years, the Committee requests the Government to take the necessary measures to ensure its adoption in the immediate future. It requests the Government to provide a copy, once it has been adopted.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. Following its previous comments, the Committee notes the Government’s reference to sections 31, 31bis, 32 and 32bis of Law No. 74 of 1983 on drug control and regulating the use and trafficking which makes it an offence to use young persons under the age of 18 years for selling drugs. The Committee requests the Government to provide a copy of the relevant provisions of Law No. 74 of 1983, along with its next report.

Article 4(1). Determination of hazardous work. The Committee previously noted that according to section 20(a) of the Labour Code of 2010, young persons aged from 15 to 18 years shall not be employed in industries or professions that are, by a resolution of the Minister, classified as hazardous or harmful to their health. The Committee notes the Government’s indication that Ministerial Order No. 196/a/2010 provides for a list of hazardous industries and occupations in which the employment of children under 18 years of age is prohibited. The Committee requests the Government to provide a copy of Ministerial Order No. 196/a/2010 containing the list of types of hazardous work prohibited to children under 18 years of age, along with its next report.

Article 5. Monitoring mechanisms. National committee to combat human trafficking and smuggling of migrants. The Committee previously noted that the draft Trafficking Bill includes the establishment of a National Committee to combat human trafficking and smuggling of migrants. The Committee notes the Government’s information with regard to the activities and tasks entrusted to this National Committee by the draft Trafficking Bill which include: (i) the formulation of programmes aimed at combating human trafficking and protecting victims of trafficking; (ii) the setting up of subsidiary committees responsible for monitoring and evaluation of the conditions of human trafficking victims; (iii) the conduct of research and media campaigns and the compilation of data; and (iv) coordination with state bodies on the supply of information related to human trafficking. The Committee requests the Government to provide information on the establishment of the National Committee to combat human trafficking and smuggling of migrants as well as on its activities in combating human trafficking. It also requests the Government to provide information on the impact of the measures taken in this regard, particularly the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied relating to the trafficking of persons under 18 years.

Article 7(1). Penalties. The Committee previously noted that section 141 of the Labour Code of 2010 provides for the penalties in the eventuality of a violation of the provisions regarding the employment of juveniles, which includes the prohibition of hazardous work. Observing that the penalties prescribed under section 141 of the Labour Code were very low, the Committee urged the Government to take immediate measures to ensure that sufficiently effective and dissuasive penalties were applied in practice to persons who engage children in hazardous work.

The Committee notes that the Government refers to sections 140 and 142 of the Labour Code of 2010. It notes, however, that these provisions provide for penalties for offences related to obstructing the work of the competent authorities or violating the order of closure of workplace or suspension of any machines pursuant to section 135. The Committee, therefore, once again urges the Government to take immediate measures to ensure that sufficiently effective and dissuasive penalties are applied in practice to persons who engage children in hazardous work.

Article 7(2). Clause (a). Effective and time-bound measures. Preventing the engagement of children in the worst forms of child labour. Education. Following its previous comments, the Committee notes the Government’s information that the Ministry of Education, in collaboration with the central body, undertook to resolve the status of illegal residents by examining and addressing all the requirements in order to facilitate registering students in schools. It also notes the Government’s information that the Kuwaiti National Fund provides assistance to students registered at Arab schools and who are in need of help. The Committee notes from the Government’s report that the Charitable Fund for Education provides free education to the children of illegal residents by covering the total cost of education of 12,802 children in this category. It further notes the Government’s indication that the Charitable Fund following the directions from the Central Body provides educational services to children who regularize their situation, and who reveal their nationality.

The Committee notes the information from a report available on the website of the United Nations High Commissioner for Refugees, that Bedoons, classified as illegal residents constitute about one third of Kuwait’s native population. The report also indicates that Bedoons are barred from taking up any employment and their children are denied education. The Committee further notes that the Committee on the Elimination of Racial Discrimination (CERD), in its concluding observations of 4 April 2012 (CERD/C/KWT/CO/15-20, paragraph 21) expressed concern that not all Bedoon children are covered by free compulsory primary education, including by the Charitable Fund. In view of the fact that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen its efforts to facilitate access to free basic education for all children, particularly Bedoon children. It requests the Government to provide information on the concrete measures taken in this regard, and the results achieved in terms of the number of Bedoon children enrolled in compulsory education.

Clause (d). Identifying and reaching out to children at special risk. Child migrant and domestic workers. The Committee previously noted that a centre was established in 2007 to regulate the situation of domestic workers and to ensure that no domestic workers under 18 were brought into the country. It noted, however, that the Committee on the Rights of the Child (CRC), in its concluding observations on the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography of 18 February 2008, expressed concern at the continued possibility of exploitation of domestic workers under 18 entering the country (CRC/C/OPSC/KWT/CO/1, paragraph 23).

The Committee notes the Government’s information that the minimum age for recruiting domestic workers from abroad, according to Order No. 640 of 1987 is 20 years. It notes that the Committee Against Torture, in its concluding observations of 28 June 2011 (CAT/C/KWT/CO/2, paragraph 22) regretted the lack of statistics regarding the number and type of complaints filed with authorities that assume supervision of domestic labour, and on how these complaints are resolved. The Committee further notes that the CERD, in its concluding observations, expressed concern at the unavailability of legal remedies to the victims of abuses and domestic workers, including access to justice, compensation and reparation (CERD/C/KWT/CO/15-20, paragraph 23). The Committee requests the Government to take the necessary measures to make available the statistics, including the number and types of complaints filed with authorities responsible for the supervision of domestic labour and illegal migrants. It requests the Government to indicate any information recorded by the authorities concerning child migrant and child domestic workers.

Part V of the report form. Application of the Convention in practice. The Committee notes that the Committee Against Torture, in its concluding observations of 28 June 2011 (CAT/C/KWT/CO/2, paragraph 24) expressed concern at the lack of information on trafficking in persons, and statistics, particularly the number of complaints, investigations, prosecutions and convictions of perpetrators of trafficking and the lack of information on practical measures adopted to prevent and combat such phenomena, including medical, social and rehabilitative measures. Noting the lack of information on this subject in the Government’s report, the Committee once again urges the Government to take the necessary measures to ensure that sufficient data on the situation of children in the worst forms of child labour, particularly child victims of trafficking, prostitution and forced labour are available. To the extent possible, this information should be disaggregated by age and sex.