IRAQ TRAVEL BAN: NEPAL ENFORCES BAN ON ITS

S E C R E T SECTION 01 OF 04 KUWAIT 003033

SIPDIS

STATE FOR NEA/ARP, NEA/NGA SA/INS, DRL/PHD, DRL/ILA, G/TIP
STATE FOR CA/OCS/ACS/NESA, M/P FOR JAY ANANIA
MANILA FOR PAUL O'FRIEL
NEW DELHI FOR LAUREN HOLT

E.O. 12958: DECL: 09/08/2014
TAGS: ELAB MOPS PREL PHUM ETRD EAID KU IZ
SUBJECT: IRAQ TRAVEL BAN: NEPAL ENFORCES BAN ON ITS
NATIONALS, US MILITARY PROVIDES WELFARE ASSURANCES

REF: A. KUWAIT 2496

B. KUWAIT 2569 (NOTAL)

C. KUWAIT 1835

D. KUWAIT 1683

Classified By: Charge d'Affaires Matthew H. Tueller, Reasons
1.4(a) and (b)


1. (C) SUMMARY. Following the murder of 12 Nepali workers
in Iraq, Nepal is enforcing a travel ban to prevent its
nationals from entering Iraq. US military officials and
emboffs briefed Nepalese Charge Lok Bahadur Thapa on security
and welfare provisions for Nepalis traveling in US military
convoys, seeking an exception to the ban. However, Thapa was
clear that it was non-negotiable in the short-term, with the
Government of Nepal feeling "very vulnerable" in the wake of
the anti-Muslim unrest that has unfolded in Nepal. Thapa
intimated that the loss of hundreds of Nepali jobs in Iraq
was a small price to pay to bolster stability in Nepal. The
Nepalese ban has hit US military heavy lift contractors IAP
and Al Hamada particularly hard: twenty percent of IAP's 250
drivers and seventy-five percent of Al Hamada's 450 drivers
are Nepali. Post has disseminated a letter to concerned
embassies that outlines new US military contract provisions
for ensuring TCN workers' welfare, to help persuade these
governments to allow their nationals traveling in US military
convoys to enter Iraq. END SUMMARY.

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(U) NEPAL ENFORCES IRAQ TRAVEL BAN
--------------


2. (SBU) Following the murder of twelve Nepali workers in
Iraq, the Government of Nepal has begun enforcing a
pre-existing travel ban prohibiting Nepalis from entering
Iraq. Nepal's Charge d'Affaires Lok Bahadur Thapa, resident
in Saudi Arabia but accredited to Kuwait, met on September 6
with emboffs and Coalition Forces Land Component Command
(CFLCC) representatives to discuss the ban. The CFLCC
delegation, led by Brigadier General William Johnson, gave
Thapa a briefing on convoy security measures that the US
military has put into place, (NOTE. This was similar to the
Ref A briefing CFLCC delivered on August 5 to representatives
from the Indian and Philippines' embassies. END NOTE.) BG
Johnson stressed that since convoy security measures were
upgraded in April, no foreign national worker has been
kidnapped or killed while traveling in a US military-escorted
convoy. He also described the steps CFLCC has taken to
ensure the welfare of foreign nationals working for US
military contractors (Ref B). In light of these provisions,
BG Johnson urged Thapa to except Nepalis entering Iraq in US
military convoys from the travel ban.


3. (C) While he promised to convey these points to
Kathmandu, Thapa was quite clear that the ban was
non-negotiable, at least in the short-term. Thapa said that
following the killings, the Government of Nepal (GON) was
heavily criticized at home for not enforcing its Iraq travel
ban. According to Thapa, the GON assumed that Nepalis would
not be targeted in Iraq because Nepal had no direct
involvement in the war; however, he said, the GON now
believes that Nepalis have been lumped in with "Americans,
Christians and Jews" in the insurgents' minds. Consequently,
the GON has instructed all Nepalese embassies in the Middle
East to approach friendly host governments and request that
they assist in preventing Nepalis from entering Iraq. Thapa
said that the GON is feeling "very vulnerable", and its
primary objective is to quell the anti-Muslim protests and
vandalism that have rocked Nepal this past week, and which
threaten domestic security and the safety of Nepalis working
in Muslim countries (who, Thapa said, might be targeted for
reprisal acts of violence). Thapa intimated that the loss of
hundreds of Nepali jobs in Iraq was a small price to pay to
bolster stability in Nepal.

4. (S) With the imposition of the Nepalese ban, US military
contractors who rely on third-country national (TCN) drivers
to ferry supplies and equipment for OIF and Iraq
reconstruction activities are scrambling. Heavy lift
contractors IAP and Al Hamada, who deploy and redeploy
equipment and provide general supplies to MNF-I, have been
particularly hard hit by this latest ban: twenty percent of
IAP's 250 drivers and seventy-five percent of Al Hamada's 450
drivers are Nepali. CFLCC contracting officers have
instructed them to replace their Nepali employees at once;
they estimate that it may take as long as one month before
contractors are at full strength. Meanwhile, the pool of
countries permitting their nationals to work in Iraq is
ever-dwindling. The Governments of India, the Philippines,
Kenya, Sri Lanka and Thailand are actively enforcing Iraq
travel bans; according to the contractors, Bangladesh and
Pakistan are considering bans.

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(U) US MILITARY PROVISIONS FOR TCN WORKERS' WELFARE
-------------- --------------


5. (SBU) In an effort to persuade countries with bans in
place to allow an exception for their nationals traveling in
US military convoys, post has disseminated a CFLCC letter
outlining new US military contract provisions that improve
TCN workers' welfare (text in para 6). These changes were
undertaken to rectify shortcomings that the Embassy of India
said compelled the Indian Government to impose its first Iraq
travel ban in May (Refs C and D). Post has also forwarded
this letter to embassies that might be considering a travel
ban (Bangladesh and Pakistan) and to those embassies whose
nationals factor heavily into US military contractors'
operations (Egypt and Turkey). In a cover letter stressing
that no TCN in a military convoy has been kidnapped or killed
for five months, post asks that the countries permit their
citizens who are traveling under US military escort to enter
Iraq.


6. (SBU) BEGIN TEXT OF LETTER

Office of the Deputy Commanding General
Department of the Army, Coalition Land Forces Component
Command

August 30, 2004

Matthew H. Tueller
Charge d'Affaires
Embassy of the United States of America
Kuwait, State of Kuwait

Dear Mr. Tueller

As you know, our staff has worked diligently to address each
of the concerns raised by the Indian Government during the 28
May 2004 meeting at the Indian Embassy (see enclosure).
Subsequent coordination with our contractors achieved a
mutual understanding as to both their responsibilities and
our with respect to Indian and all foreign national drivers
that must travel from Kuwait to Iraq under a U.S. Government
contract.

Consequently, we have taken the following actions to address
those issues and concerns:

a. Incorporated Private Sector Labor Laws of the State of
Kuwait into contract, and extend applicability to cover
employees while in Iraq.

b. In accordance with those laws, required contractors to
incorporate use of employment contracts with every employee.

c. Required contractors maintain and update a list of driver
employees to include name, nationality, passport number,
civil ID number, and name of sponsor; to be provided to the
respective embassy of each nationality employed.

d. Included same information (as noted paragraph c. above)
along with contract number and telephone numbers to
contractor and contracting officer on a company
identification badge for each employee.

e. Required that contractors incorporate life insurance for
workers in Iraq in the amount of 10,000 KWD minimum, payable
to an individual designated by employee.

f. Required that contractors pay a minimum monthly wage in
the amount of 140 KWD, and make electronic funds transfer of
wages available to each employee.

g. Required minimum incentive pay in the amount of 5 percent
of monthly wage for any month that includes a mission in Iraq.

h. Required contractors to provide information on employees
that are killed in action (KIA),wounded in action (WIA),or
missing in action (MIA) to the Contracting Officer, the
respective embassy and the next of kin.

i. Ensured that contractors developed some package of
compensation for workers already killed or injured in Iraq.

j. Ensured that contractors adhere to basic standards of
billeting and hygiene in worker housing.

Please convey to the Indian Ambassador our pledge to continue
to address his concerns, which are also our concerns.
Furthermore, we will continue to work with all parties
involved to ensure that all countries' foreign national
employees working for our contractors are provided with no
less than the agreed upon benefits and rights.

Sincerely,
Gary D. Speer
Major General, US Army,
Deputy Commanding General, Operations

ENCLOSURE:

MEMORANDUM FOR THE RECORD
SUBJECT: CFLCC Meeting with Indian Embassy Officials


1. On 28 May 2004, MG Stephen Speakes (CFLCC DCGO),COL
Leonard Dodd (OMCK),COL Martin Stanton (CFLCC-C9),COL Carol
Claire (CFLCC-C4) and Dr. Catherine Sweet (AMEMB Econ
Officer) met with officials at the Indian Embassy in Kuwait
City and discussed the following issues:

a. That workers were being hired in India under the false
pretenses of working only in Kuwait and that those
individuals had to pay up to $1500 USD in order to obtain
jobs. Once in Kuwait the newly hired workers would be told
that they would be driving in Iraq and were not returned
their $1500 USD if they declined this work and returned to
India.

b. That Indian citizens employed by contractors working for
the Coalition Forces were being forced to drive into Iraq
against their will.

c. That Indian nationals working in Iraq were not covered
under life insurance as foreign workers who work in Kuwait
are covered under Kuwaiti labor laws.

d. That a number of Indian nationals have already been
killed or injured in Iraq and there has been no compensation
to their families.

e. That Indian nationals are not offered incentive pay for
operating in a dangerous environment. Also, that employees
should be offered the opportunity to electronically transfer
pay to accounts in India.

f. That the Indian embassy has had difficulty in
repatriating the remains of Indians killed in Iraq while
serving as contract employees due to the lack of cooperation
from contractors in providing documentation and sponsorship
information.

g. That the Indian embassy is not receiving sufficient
cooperation from contractors in accounting for and
documenting the Indian national workers in their employ.

h. That Indian citizens in the employ of the contractors
supporting the Coalition Forces in Iraq sign affidavits of
release upon entering employment stating that they undertake
to work in Iraq of their own free will, and that copies of
these affidavits or statements be provided to the Indian
embassy.

i. There were also concerns voiced about the living
conditions in which the subcontractors allowed their workers
to exist.


2. POC for this memorandum is the undersigned.

Louis G. Yuengert
Colonel, GS
Deputy Chief of Staff

END TEXT OF LETTER


7. (U) Baghdad minimize considered.
TUELLER