Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Kuwait (Ratification: 1998)

Articles 2 and 3 of the Convention. National policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes the Government’s indication that Kuwaiti legislation guarantees the rights of persons with disabilities in respect of recruitment and employment. Law No. 8 of 2010 on the rights of persons with disabilities provides that employers must provide an adequate work environment for persons with disabilities. Moreover, the Government adds that employers are required to recruit workers on equal terms, without discrimination. The Committee notes that the Government refers once again to section 14 of Law No. 8 of 2010, which stipulates that governmental, non-governmental organizations and enterprises in the oil sector employing at least 50 Kuwaiti workers should employ at least 4 per cent of persons with disabilities. The Government also refers to section 15 of Law No. 8 of 2010, which provides that employers must identify suitable job vacancies for persons with disabilities and submit a regular report thereon every six months to the authorities. The Committee notes, in addition, that in 2019 during its latest examination of the situation in Kuwait, the Committee on the Rights of Persons with Disabilities (CRPD) had expressed concerns about the lack of inclusive employment policies and the low employment rate of persons with disabilities, despite existing quotas. The CRPD also noted that there were limited employment opportunities for non-Kuwaiti persons with disabilities and insufficient information on sanctions for non-compliance with employment quotas and denial of reasonable accommodations. Additionally, the committee pointed out the lack of disaggregated data on persons with disabilities in employment. To address these issues, the Committee recommended utilizing a strategy developed by the Public Authority for Disability Affairs to enhance employment opportunities and ensure the 4 per cent employment quota is met. This includes providing individualized support and prohibiting the denial of reasonable accommodations at all stages of employment. Mechanisms should be established to address discrimination in employment and working conditions. Furthermore, data collection on persons with disabilities in employment should be strengthened and disaggregated by various factors such as age, gender, nationality, disability, geographical area, and employment sector (CRPD/C/KWT/CO/1). In view of the above and noting that no statistical data was included in the Government’s report under the present Convention, the Committee must recall that the obligations to formulate, implement and periodically review a national policy to promote the employment of persons with disabilities established by the Convention cannot be effectively achieved where no statistical information is collected to feed into policy development and review processes. The Committee therefore once again requests the Government to provide detailed information on the concrete measures taken or envisaged to collect statistical information related to persons with disabilities and their situation vis a vis employment and the labour market. The Government is also requested to indicate steps taken to periodically review the implementation of Law No. 8 of 2010 with a view to effectively promoting the rights of persons with disabilities to secure, retain, and advance in suitable employment, as required by the Convention.

Article 5. Consultation with the social partners. The Government indicates that it collaborates on an ongoing basis with the General Union of Workers of Kuwait and the Kuwait Chamber of Commerce and Industry with respect to policies on the rights of persons with disabilities. The majority of rehabilitation and recruitment campaigns concerning persons with disabilities are conducted with the participation of civil society organizations for persons with disabilities. The General Authority for Manpower invites, coordinates and consults with these organizations on all matters of benefit to persons with disabilities with regard to rehabilitation and vocational training and the working environment, including in the drafting of training and vocational rehabilitation and employment policies. The Committee requests the Government to provide more specific information on the manner in which it collaborates with the representative organizations of employers and workers on the matters covered by the Convention, including by reference to the most recent consultations held, and to indicate the outcome of these consultations and how they feed into the periodic review of the national policy on employment of persons with disabilities.

Article 7. Services accessible to persons with disabilities. The Government indicates that it is taking all the necessary measures, in cooperation with the social partners, to ensure the rehabilitation and employment of persons with disabilities. The General Authority for Manpower, in cooperation with General Authority for Disability Affairs, takes particular care of this group of jobseekers in terms of creating adequate job opportunities for persons with disabilities, in accordance with the type and degree of disability. For example, the General Authority for Manpower has marketed graduates and jobseekers with disabilities to private sector companies and prioritized their appointment, with a view to their social integration and participation in the labour market. The General Authority for Manpower has also updated and developed rules and procedures for contributions to the cost of training for Kuwaitis working in non-governmental entities, with persons with disabilities receiving the highest contribution of up to 75 per cent of the cost of training programmes. The Government further indicates that it held numerous career days for the appointment of jobseekers, including jobseekers with disabilities, in private sector companies. The Committee notes that the Government refers once again to section 12 of Law No. 8 of 2010, which mentions that the Government undertakes to provide rehabilitation and training centres, and training workshops for persons with disabilities. The Committee requests the Government to provide updated information, including disaggregated data, on the impact of the measures taken to provide vocational training, employment and other related services to persons with disabilities to enable them to secure, retain and advance in employment.