Kuwait Times

Published Date: November 19, 2009
By Nisreen Zahreddine, Staff Writer

KUWAIT: The scheduled discussion of the amendments to the draft private sector labor law during yesterday's parliamentary session was postponed until Dec 8, 2009 following heated exchanges between MPs and the government and Deputy National Assembly Speaker Abdullah Al-Roumi. The amendments, which have been inserted to ensure that the draft law is fully compliant with International Labor Organization (ILO) regulations, focus primarily on setting a maximum 40-hour working week as per ILO policy, as well as
extending the maternity leave period and providing longer vacations for expatriate workers.

Yesterday's tense session saw MPs divided largely into two camps which dissented with different elements of the draft law, with one group demanding that it provide more encouragement for employing Kuwaiti staff and a rethink on bringing immigrant workers to the country, and the other faction protesting that some of the amendments fail to comply with the international agreement signed previously by Kuwait on statutory maternity leave.

Meanwhile, a third group of parliamentarians insisted that the new amended legislation could salvage Kuwait's damaged reputation and ensure that it takes its place with international bodies concerned with labor, adding that crime rates in Kuwait have risen with the increase in the numbers of unskilled workers living in the country.

Expatriates interviewed by the Kuwait Times expressed views ranging between indifference and demanding a complete end to the current kafeel system.
Rania, a Lebanese expat working in a local academic institution, explained that she has applied seven times for a visa on behalf of her sister to allow her sibling to come to Kuwait for a visit, but has been unsuccessful since the authorities prohibit such trips. Rania expressed frustration at the current system, saying she wants to see more justice than the current labor and visa laws allow: "My sister is not coming to apply for political asylum here, she's just wanting to visit!" she said.

Egyptian expatriate Kamal said that the most important issue for him is that the kafeel system be ended since it leads to many problems for expats in transferring their visas from one sponsor to another and is akin to slavery. "I understand that Kuwait is the priority for MPs in discussing any law," he said, "but we all know the major role that expats play in this country's economy - so how can they treat us so unjustly?

Dana, a Syrian expat, said that she has not paid much attention to the discussion of the labor law amendments so far: I'm not into politics much," she told the Kuwait Times. I see quarrels in the parliament every day and I don't think serious, positive development will take place in the labor system here.
Tunisian resident Kawsar is more optimistic, however. "" think Kuwait can't avoid the way things are going," he said. "It will do as Bahrain's done and cancel the kafeel system, as well as introducing amemdments to the labor law since the pressure from the ILO is immense," she explained.

A recent report issued by the independent monitoring group Human Rights Watch studied the new amendments, stating that they offer employment protection for many private sector workers, including bans on arbitrary dismissal and discrimination based on gender or nationality. The amended legislation would also require employers to provide childcare in any workplace with at least 50 female employees and increase penalties for offenses such as non-payment of salaries and recruiting foreign workers without provi
ding the promised jobs, with penalties of up to three years in prison and heavy fines.

The HRW report pointed out, however, that the draft legislation excludes domestic staff, despite the fact that they constitute more than 25 percent of Kuwait's 2 million-plus foreign workforce, and face an especially high risk of long working hours and poor conditions.

The report continue to highlight the loopholes in the country's labor legislation, saying that the draft law also provides only partial equality for female staff and all expatriate workers. Only Kuwaiti citizens are guaranteed the right to participate in labor unions, and the bill bars women other than doctors and other health workers from working at night.

On the Kafeel system, the HRW report explained that the draft law would not directly tackle Kuwait's immigration sponsorship (kafala) system, which gives employers inordinate power over foreign workers and can foster abuse, although the new legislation would authorize the establishment of a new authority to regulate the recruitment of these workers.

This law would improve protection for many workers in Kuwait, although it leaves out domestic workers, who are among the most vulnerable to abuse," said Joe Stork, HRW's Deputy Middle East and North Africa director. "If this passes, though, the real test will be whether workers' rights are actually enforced.
Thabet Al-Haroun, the ILO representative in Kuwait, told the Kuwait Times that the organization had already made certain recommendations on the draft law, adding that he had not seen a copy of the final draft to verify whether or not these had been included.

The ILO recommendations include outlawing discrimination between Kuwaitis and non- Kuwaitis and between men and women. The global organization also demanded that the law should also cover domestic staff, saying that if it failed to do so it would be incomplete.

On the issue of the kafeel system, Al-Haroun asserted that this subject is not covered by labor legislation in the first place and should therefore be cancelled. He applauded the Minister of Social Affairs and Labor's decision on this issue to ensure that Kuwait complies with the international agreements that oblige it to applying the ILO's conditions.

Kuwait cannot be an exception in this regard" Al Haroun insisted. Although he commended the cabinet's prioritization of human rights issues, calling this "a brave step," the country's ILO representative expressed his disappointment that the parliament, which is supposed to demand the creation of just laws by the government is obstructing the organization's work, while the government, which ironically is generally held to be more obstructive, is supporting the amended legislation.

Al-Haroun expressed his certainty that the amendments would pass, however, given the government's seriousness over the issue and its determination to see them passed into law.