KUWAIT TIP INTERIM ASSESSMENT

C O N F I D E N T I A L KUWAIT 004463

SIPDIS

SENSITIVE
SIPDIS

FOR NEA/ARP AND G/TIP

E.O. 12958: DECL: 11/15/2016
TAGS: PREL PHUM ELAB KU TIP
SUBJECT: KUWAIT TIP INTERIM ASSESSMENT

REF: STATE 175900

Classified By: CDA Matthew Tueller for reasons 1.4(b) and (d).

PROSECUTIONS
--------------

1. (C/NF) The GOK has provided Post with updated figures on
prosecutions of trafficking-related crimes (Kuwait does not
have a specific anti-trafficking law). The statistics
address some of the deficiencies noted in last year's figures
in that they specify not only the number of convictions, but
also the sentences meted out in these cases. The most
salient figures are provided below:

-- "Hiring foreign workers and then not providing them work":
258 convictions, 0 prison sentences, 12 fines, 38 probations,
208 cases in the appeals process. (Note: This is a common
scheme to bilk workers out of money and then leave them to
their own devices to find work. It leaves workers in a very
vulnerable situation. End Note.)

-- "Facilitating workers' obtaining of residence permits in
exchange for money (bribes)": 276 convictions, 5 prison
sentences, 15 fines, 19 probations, 237 cases in the appeals
process. (Note: This is another way that sponsors extract
money from foreign workers, often putting these workers into
debt that they have trouble repaying. End Note.)

-- "Incitement to lascivious behavior in 2005": 249
convictions, 7 prison sentences, 55 fines, 9 probations, 178
cases in the appeals process. (Note: Ministry of Justice
officials report that this denotes cases against prostitutes
and their clients. End Note.)

-- "Incitement to prostitution for 2005": 202 convictions, 18
prison sentences, 93 fines, 14 probations, 77 cases in the
appeals process. (Note: MOJ officials report that this
denotes charges against the organizers of prostitution. End
Note.)

-- "Labor rights cases": 19,907 convictions. Of these
convictions, punishments have been carried out in 3,630 of
the cases.

These statistics represent important areas related to
trafficking, though there is no way to definitely know how
many of these cases actually represented trafficking. Post
expressed appreciation for the greater detail than last year
but also expressed the Department's wish to see evidence that
more clearly demonstrates the connection of these
prosecutions to trafficking. Ministry of Justice (MOJ)
contacts have promised to coordinate with the Public
Prosecutor's Office and the Ministry of Interior (i.e. the
police) to try to gather more information on the relationship
between these prosecutions and trafficking.

VICTIM IDENTIFICATION
--------------


2. (C/NF) Over the past few weeks there have been increased
press reports of expatriate women being forced into
prostitution. The reports give prominence to the arrests of
those who organize the prostitution and report (presumably
based on government sources) that some of the women were
forced into prostitution. Post is still working to verify
these reports. The Director of the Criminal Investigation
Department, who is credited with being the mastermind of the
recent raids on prostitution dens, has expressed willingness
to meet with EmbOffs and Post is working to arrange an
acceptable meeting time. Nawwaf Al-Enezi, of the Ministry of
Interior's Legal Affairs office, and Mohammad Al-Zu'by,
Kuwait's Assistant Public Prosecutor, told EmbOffs in a
November 13 meeting that the police and judicial authorities
have procedures in place to identify victims of trafficking.
Labor attaches from source countries have cast doubt on these
assurances. Overall, Post has not seen an improvement in
victim screening procedures, though further investigation is
needed to understand GOK efforts in this area.

VICTIM PROTECTION
--------------


3. (C/NF) The GOK has not made any improvements in
providing physical protection services for trafficking
victims. It should be noted, however, that all foreign
workers, including domestic workers, have access to
inexpensive health care. Ministry of Interior (MOI)
officials told EmbOffs that a shelter is "under study." For
the first time, the MOI told EmbOffs that they are
considering having the Kuwait Union of Domestic Labor Offices
(KUDLO) run a shelter under MOI supervision. Some GOK
officials continue to argue that there are many practical
problems with creating a shelter and that the foreign
embassies provide more effective shelters. The legal advisor
for the Assistant Secretary for Labor Affairs at the Ministry
of Social Affairs and Labor, which heads the inter-agency
committee on expatriate workers, told EmbOffs off the record
that the committee might be announcing an initiative on the
shelter soon. This was a much stronger statement than
previous GOK statements to Post.

NATIONAL ACTION PLAN TO COMBAT TIP
--------------


4. (C/NF) The GOK does not have a plan specifically
designed to combat TIP. It has, however, taken several steps
to address trafficking problems on a national scale. The GOK
participated actively in the Gulf Cooperation Council (GCC)
process to develop an anti-trafficking law. MOJ officials
told EmbOffs off the record that the GCC Ministers of Justice
meeting resulted in approval of a draft law against
trafficking on November 8. The law needs to be approved by
the GCC heads of state at their summit in December, at which
point Kuwait would need to pass its own law. The Committee
to Respond to Human Rights Reports Issued by Foreign
Governments and International Bodies (a committee formed by
the Council of Ministers in 2005) held a meeting with the
National Assembly's Human Rights Defense Committee on
November 11 to encourage the passage of a specific
anti-trafficking law. The Reports Committee's chair reported
to EmbOffs that the National Assembly's Human Rights
Committee did not raise objections. Post has scheduled
meetings with the Human Rights Defense Committee Chair as
well as one of its prominent staffers to get more information
on the likelihood of passing an anti-trafficking law.


5. (C/NF) The GOK implemented the long-promised
standardized domestic labor contract on October 1. This
contract should help eliminate contract substitution or the
signing of contracts whose terms do not ensure workers
acceptable minimum standards. While some Kuwaiti observers
have criticized the contract's terms and raised doubts about
its implementation, it is an important step in fighting
trafficking. The Kuwaiti Ambassador in Indonesia told PolOff
via e-mail that his embassy is not implementing the contract
due to lack of resources and guidance. The Filipino Overseas
Workers Office in Kuwait, however, said that Filipinos
wishing to come to Kuwait recently have had to have their
contracts validated at the Kuwaiti embassy in Manila in order
to obtain domestic worker visas. This is a key step in
enforcing the contract. Post will continue to monitor
implementation in the coming months.


6. (SBU) The GOK's National Awareness Raising Project for
Domestic Workers continued its preparatory work. The GOK
plans to officially launch the project in January. The
project, run by the Ministry of Awqaf and Islamic Affairs,
has carried out a number of studies to identify the source of
problems, and plans activities designed to address these
problems.

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For more reporting from Embassy Kuwait, visit:
http://www.state.sgov.gov/p/nea/kuwait/?cable s

Visit Kuwait's Classified Website:
http://www.state.sgov.gov/p/nea/kuwait/
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Tueller