CAT/C/KWT/CO/3
Foreign workers
30.
While taking note of the adoption of the Domestic Workers Act No. 68 in 2015 and
that a few persons have been prosecuted and found guilty in this connection, the Committee
is concerned at:
(a)
Reports of exploitation, ill-treatment and torture against individuals and other
abuse of numerous foreign workers from various countries by their employers, in particular
female domestic workers, who work under the sponsorship system and the legal provisions
regulating it and which includes long working hours without rest, deprivation of food,
threats, physical or sexual abuse, restriction of movement such as confinement to and
kidnapping in the workplace, confiscation of passports and other personal documents and
non-payment of wages, which may amount to forced labour and resemble slavery;
(b)
The alleged inhuman conditions of some 4,000 workers from the Democratic
People’s Republic of Korea, who have allegedly been sent for forced labour on construction
projects in the State party, working from 14 to 16 hours per day, receiving only 10 or 20 per
cent of their salary and being in poor health due to a lack of adequate nutrition;
(c)
The lack of mechanisms for foreign workers, in particular those who do not
speak Arabic, to report cases of abuse;
(d)
The low number of prosecutions of abusive employers and lack of redress
and compensation provided to workers who have suffered abuse (art. 16).
31.
The State party should:
(a)
Vigorously implement and enforce the Domestic Workers Act No. 68, by
carrying out labour inspections, reporting and, if charges are warranted, promptly
prosecuting cases of abuse by employers, and bring those responsible to justice;
(b)
Urgently reform the sponsorship system to ensure that foreign workers,
and in particular female domestic workers, are not subjected to the risk of abuses in
violation of the Convention;
(c)
Provide legal protection to foreign workers, including female domestic
workers, against exploitation, ill-treatment and abuse;
(d)
Ensure that foreign workers, and in particular female domestic workers,
have access to a helpline in a language they understand and to shelters as well as the
possibility to have access to justice, including to lodge complaints against those
responsible and have access to justice;
(e)
Provide redress to victims of abuse, including legal, medical and
psychological aid, as well as rehabilitation and financial compensation;
(f)
Provide updated information on foreign workers, including on their
nationalities, whether regular inspections of their working conditions are conducted
and whether their working conditions are humane. In addition, provide information
on the workers from the Democratic People’s Republic of Korea, the conditions in
which they work, whether they are provided with adequate food and health care and
whether they receive their full salary.
Trafficking in human beings
32.
While welcoming the adoption of the Trafficking in Persons and Smuggling of
Migrants Act No. 91 in 2013 and decision No. 1454 of the Council of Ministers to establish
a national strategy to combat trafficking in persons, the Committee is concerned that the
State party remains a destination for human trafficking for purposes of forced labour and
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