Identifier
Created
Classification
Origin
03KUWAIT4661
2003-10-13 13:14:00
SECRET//NOFORN
Embassy Kuwait
Cable title:  

(C) AMBASSADOR TALKS HUMAN RIGHTS WITH MINISTER OF

Tags:  PGOV PREL ETTC ELAB PHUM PINR KU 
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S E C R E T SECTION 01 OF 02 KUWAIT 004661 

SIPDIS

NOFORN

STATE FOR NEA/ARP, NEA/RA, DRL, INR/NESA, INR/B, EB

E.O. 12958: DECL: 10/08/2013
TAGS: PGOV PREL ETTC ELAB PHUM PINR KU
SUBJECT: (C) AMBASSADOR TALKS HUMAN RIGHTS WITH MINISTER OF
SOCIAL AFFAIRS AND LABOR

REF: KUWAIT 4613

Classified By: AMB. RICHARD H. JONES; REASON 1.5 (B, D)

S E C R E T SECTION 01 OF 02 KUWAIT 004661

SIPDIS

NOFORN

STATE FOR NEA/ARP, NEA/RA, DRL, INR/NESA, INR/B, EB

E.O. 12958: DECL: 10/08/2013
TAGS: PGOV PREL ETTC ELAB PHUM PINR KU
SUBJECT: (C) AMBASSADOR TALKS HUMAN RIGHTS WITH MINISTER OF
SOCIAL AFFAIRS AND LABOR

REF: KUWAIT 4613

Classified By: AMB. RICHARD H. JONES; REASON 1.5 (B, D)


1. (C) SUMMARY: The Ambassador used his October 8
introductory call on the Minister of Social Affairs and Labor
to make him aware of the annual Human Rights Report (HRR) and
Trafficking In Persons Report (TIPR). Minister Feisal
al-Hajji personally arranged for a poc in his Ministry for us
to follow up with. The Ambassador underscored the importance
of effective monitoring of Islamic charities, building on the
OFAC visit (septel). Al-Hajji shared some biographical
information, and affirmed that the Amir's health is
improving. END SUMMARY.

(C) MONITORING ISLAMIC CHARITIES
--------------


2. (C) The Ambassador, accompanied by Polchief (Notetaker),
made his official introductory call on the Minister of Social
Affairs and Labor, Feisal al-Hajji, October 8, just days
after accompanying an OFAC delegation to a meeting with the
Minister (septel). He began by noting that OFAC was pleased
with its visit, and is focused on the future and building
strong systems to assure that funds collected for charity are
not misused. Such assurances are in the interest of the
charities themselves. Hajji, who was alone in the meeting
and conducted it entirely in English, stressed that
transitions take time and that the best way to proceed is
patiently and gently. He said "we know the leaders of the
charities, they are good people, but we don't know all their
staff, especially abroad."


3. (S/NF) The Ambassador briefed on 27 suspicious transfers
totaling about US$2 million ordered by Lajnat al-Da'wa
al-Islamiya (LDI) through Kuwait Finance House (KFH) and
Citibank over a period of one or two months after LDI's
assets had been ordered frozen. Citibank carried out the
transfers, apparently unaware they related to a frozen entity
due to variant spellings of LDI's name, then realized what it

had done and reported to OFAC. The LDI representative who
met with OFAC said initially the charity has only one branch
outside Kuwait, although he later admitted there were at
least two; he seemed shocked to learn of these transfers.
One reason the transfers seem suspicious is that KFH had told
the Central Bank LDI had no account there. The Ambassador
noted that this matter had been discussed with the Central
Bank Governor, to whom OFAC would provide further
information; the Minister confirmed that it is the Governor
who would have responsibility for follow up.

(C) HUMAN RIGHTS
--------------


4. (C) The Ambassador briefed on the
Congressionally-mandated annual Human Rights Report (HRR,
which includes a section on worker rights) and
Trafficking-In-Persons Report (TIPR),and shared copies of
the most recent issues of both. He asked for a
point-of-contact in the Ministry so that the Embassy could be
sure it reported accurately on all salient developments.
Hajji interrupted the discussion to arrange for a poc on the
spot (Mubarak al-Sumait, a Director on the Labor side of the
Ministry). Polchief promised to follow up with Sumait.


5. (C) Worker Rights: The Minister said he was organizing a
committee to develop a new labor law for the private sector,
and noted that a new law had been implemented a week earlier
that encourages "Kuwaitization" (the hiring of Kuwaitis in
the private sector, where they account for far less than 10%
of workers) and requires a bank account for each worker, in
order to ensure workers get paid on time and employers do not
claim to be paying them more than they really are.


6. (C) KUWAITIZATION: Hajji gave a clearer explanation than
the one we relayed in reftel regarding the controversy over
the Government's new interpretation of the legal provision on
penalizing companies for failing to meet their required quota
of Kuwaiti workers. Interestingly, he used the same example
as in reftel: a company with 3,000 workers and a 2% quota of
Kuwaitis (i.e. 60),that only has 20 Kuwaiti workers.

-- According to the old interpretation, the company should
pay 500 Kuwaiti Dinars (about US$1,650) times 40 (the
shortfall of Kuwaiti workers),a total fine of KD 20,000.

-- According to the new interpretation, the company should
pay the fine not on 40 workers but on 2,000 (the number of
foreign workers not 'covered' by the existing number of
Kuwaiti workers). Because that is such a higher number, the
per-capita fine has been lowered to 100 Kuwaiti Dinars. Even
so, the total fine would be KD 200,000, a tenfold increase.
(NOTE: the ratio between the new and old total fines varies
inversely with the quota of Kuwaitis, per the formula: new
per-capita fine divided by (old per capita fine multiplied by
quota). END NOTE.)


7. (C) The Minister admitted that the law does not fit all
real-world cases, and needs to be restudied, but he insisted
that the Government's policy is to implement the law while
the re-examination goes on. He cited two examples:

-- A cleaning company that employs 7,000 third-country
nationals as cleaners but does not need 140 supervisors (the
only position for which Kuwaitis can realistically be
envisaged, as they will definitely not work as cleaners);

-- a farm that employs 8-10 workers far from the city, i.e.
far from any bank.


8. (C) TIP: The Ambassador specifically urged that the GOK
close the loophole that exempts domestic servants from
coverage under the labor law. He noted the need for action
against abusive employers who are repeat offenders. He also
mentioned concerns about the use of young boys from third
countries as camel jockeys. The Minister replied that the
Public Authority for Youth and Sports forbids employing
under-age jockeys, though he argued that "my 14-year-old son"
riding "for sport" (i.e. not 'employed') should not be
equated with importing a young child and forcing him to ride
-- which he agreed is an abuse.


9. (C) BIO NOTE: Hajji said he served in the Foreign
Ministry for about 20 years, working his way up from
'attache' to Director of the Administration and Finance
Department, and Ambassador to Bahrain (1988-92). He also
served as Undersecretary of the Ministry of Information under
Shaykh Saud Nasser al-Sabah, the ex-Ambassador to the US; he
resigned when Dr. Saad ben Tafla al-Ajmi, whom he had
originally hired as an official in the Ministry, was
appointed minister above him. He then served as
vice-chairman of an oil-service company, then as chairman of
Kuwait Hotels Company. Noting that Prime Minister Shaykh
Sabah al-Ahmed al-Sabah had served as Foreign Minister almost
continuously from 1963 until his elevation in July of this
year, the Ambassador and the Minister joked that Hajji had
progressed more over the past forty years than his longtime
boss. Hajji's office was the first place we have seen Shaykh
Sabah's portrait displayed -- on an equal footing -- between
those of the Amir and the Crown Prince. The Minister
professed his loyalty to the Crown Prince but admitted --
lowering his voice as he did so -- that the CP is too "sick"
to function (NOTE: that is precisely why the Amir took the
post of Prime Minister from him and gave it to Shaykh Sabah.
END NOTE). Hajji insisted that the Amir has regained a lot
of strength recently, and never suffered any loss of mental
acuity.


10. (C) COMMENT: We have longstanding contacts in the
Ministry of Social Affairs and Labor, and obtain quite a bit
of information from them for our annual reports. This was
our first opportunity to lay down a marker with the new
Minister that the GOK's performance on human rights and TIP
will be closely scrutinized by Washington. Our desire to
increase engagement with the ministry at working levels is
intended to ensure both that we report accurately and
thoroughly on the situation and GOK actions, and that the
Government understands USG concerns.
JONES