KUWAIT: SIXTH ANNUAL ANTI-TRAFFICKING IN PERSONS REPORT

UNCLAS SECTION 01 OF 04 KUWAIT 000698

SIPDIS

SENSITIVE
SIPDIS

FOR NEA/ARPI, NEA/RA, G/TIP, G, INL, DRL, PRM, AND IWA; DEPT PLEASE
PASS TO USAID

E.O. 12958: DECL: N/A
TAGS: PHUM ELAB KCRM KWMN SMIG KFRD PREF KU
SUBJECT: KUWAIT: SIXTH ANNUAL ANTI-TRAFFICKING IN PERSONS REPORT
(TIP)

REF: A. STATE 3836


B. KUWAIT 505

Sensitive but unclassified. Not for internet distribution.


1. (U) Embassy Kuwait's submission for the 2006 Trafficking in
Persons Report (TIP) follows. Responses are keyed to paragraphs
21-24 of reftel.


2. (SBU) 21A: Kuwait is a destination country for internationally
trafficked men and women. There is no trafficking in areas outside
of GOK control. The GOK keeps records on the number of foreign
workers in country. Source countries work with their labor offices
to keep tabs on their workers. These numbers are reliable. Few of
Kuwait's expatriate workers, however, meet the definition of a
trafficked person: "trafficked through force, fraud, or coercion
into domestic servitude, commercial sexual exploitation, forced or
bonded labor, coerced sweatshop labor, forced marriage, or other
slave- like conditions." Therefore it is nearly impossible to
determine numbers of trafficking victims. Those most commonly
subjected to labor exploitation are adult female domestic workers.
Men are also victims of exploitation, especially those working in
low-skill sectors. Despite occasional reports of child labor
problems (which, in Kuwait, necessarily means noncitizen children)
source country embassies do not report this as being a notable
problem. The Ministry of Social Affairs and Labor (MOSAL) announced
in January 2006 that it would step up its inspections for violators
of the ban on child labor. There does not seem to be a specific
bias against people of any one nationality or ethnicity. However,
the nationals from countries with disproportionately uneducated
workforces, such as Bangladesh and India, tend to suffer more.


3. (SBU) 21B: Strict enforcement of measures to combat TIP issues
in Kuwait remained a problem. One major area of improvement in the
past year is the use of underage camel jockeys. The GOK imposed a
strict ban on the use of underage jockeys and Post has visited the
camel races several times, for major and minor races, and found no
evidence of children at work as jockeys. There have been no other
credible reports of the use of children as camel jockeys. Post
assess that trafficked child camel jockeys were not prevalent in
Kuwait even before the strict regulations imposed by the GOK. In
general, many Kuwaiti Government officials willingly and openly
address trafficking issues and the Government has formed an
interagency committee to deal with the issue. MOSAL's labor dispute
center (for non-domestic workers) helps workers in salary disputes.
It is well-organized. The Ministry of Interior (MOI) runs a
domestic labor office. NGOs and source country embassy legal aides
state that the courts are receptive to domestic workers bringing
cases to court. Post has numerous court documents awarding
restitution and punitive damages to domestic workers whose employers
have violated their contracts. NGOs and source country embassies
state that the courts are neutral arbiters of labor disputes and are
an effective tool for laborers to pursue their grievances.
Bureaucratic inertia renders all major policy changes difficult,
including those on TIP issues. Many victims are domestic workers who
face non-payment, poor working conditions (too many hours, too
little food),or sexual harassment. Their situations are especially
difficult to monitor since they work in homes, where inspections are
unlikely. Non-domestic workers sometimes arrive in Kuwait to find
that they have been duped. The contracts they sign in Arabic in
Kuwait are often for less money than the ones they signed in their
home countries. Some workers have found their contracts to be with
bogus companies, who simply wanted to sell visas. These workers are
then left destitute, illegally resident in the country, and
vulnerable to exploitation. Visa and residence permit selling leaves
some workers irreversibly in debt, though actual forged documents do
not seem to be a major problem. We do not have reports of victims
being forcibly transported. They come willingly with the hope of
better-paying jobs than can be found in their home. Non-domestic
workers have better legal protection, and MOSAL carries out regular
safety and administrative inspections.


4. (SBU) 21C: The Government of Kuwait does not lack financial
resources to tackle TIP. On the other hand, the fact that most of
the problems are among domestic workers makes enforcement difficult.
Kuwaiti officials note that the expatriate labor community's size
(66% of the population),diversity (one official mentioned that
there are 120 nationalities represented in Kuwait),and low
educational profile make combating TIP difficult. Corruption is a
problem, and there are credible allegations that work visas are

KUWAIT 00000698 002 OF 004


illegally sold to brokers. Workers who enter the country via such
schemes would be especially vulnerable to exploitation.


5. (SBU) 21D: The Government of Kuwait monitors its immigration
patterns in general and has a committee for trafficking issues. Post
will continue to examine Kuwait's efforts to monitor its trafficking
in persons efforts.


6. (SBU) 22A: The GOK recognizes that labor exploitation occurs,
but the prevalence of foreign workers in the private sector and
domestic labor market can overwhelm official enforcement measures.
The GOK defines trafficking more narrowly than the USG. It considers
trafficking to be systematic, whereas it views the situation in
Kuwait as consisting of isolated, individual cases of workers whose
rights were abused. The GOK acknowledges that some workers face
difficulties, but it questions whether that constitutes a systemic
problem and points to the fact that the vast majority of foreign
workers come to Kuwait and remain voluntarily in order to take
advantage of higher wages and better work conditions that in their
home countries. The general view is that a few publicized, extreme
cases of worker abuse have maligned the entire labor system.


7. (SBU) 22B: There is a four-party commission to deal with issues
of trafficking in persons: MOSAL, Ministry of Interior, The
Municipality, and The Ministry of Commerce. MOSAL has the lead.


8. (SBU) 22C: While the GOK has not initiated any nation-wide
anti-TIP campaigns, it disseminated widely a minimum wage scale to
increase the salaries of domestic workers. The GOK and source
country embassies are also working with the United States on an
U.S.-funded project to raise awareness to TIP issues. The Kuwait
Union of Domestic Labor Offices (KUDLO) published a magazine and has
taken out ads in newspapers to educate Kuwaiti employers about the
legitimate rights of their employees. Source country Embassy
officials have told Post that they think the most useful TIP
strategy is to raise awareness among Kuwaitis.


9. (SBU) 22D. The country does not support other programs to
prevent trafficking.

22E is missing from the State cable.


10. (SBU) 22F. The Government is in the final stages of the
approval process for issuance of a license to KUDLO for establishing
a shelter. In early February, however, the Kuwait Municipality
closed down KUDLO headquarters (where the shelter was to be housed)
on a zoning technicality. KUDLO sees this as a temporary setback
caused by a personal disagreement between a Government official and
KUDLO's general manager. They say the worst-case scenario is that
they would have to move their headquarters to a different area (ref
B). Source country Embassies have become the de facto shelters for
domestic laborers. The Government of Kuwait does not create any
difficulties for Embassies who wish to provide services to domestic
laborers.


11. (SBU) 22G. The GOK monitors immigration and emigration
statistics. Post hopes to provide before the end of the review
process more detailed statistics on immigration/emigration patterns
to identify any evidence of trafficking in persons.


12. (SBU) 22H. The GOK established a high level, governmental
working committee to look into issues of abusive and/or forced
labor.


13. (SBU) 22J. See 22H.


14. (SBU) 23A. There are several laws specifically addressing
trafficking in persons issues, providing a legal framework for
effectively stopping TIP exists:

-- Kuwaiti criminal law criminalizes kidnapping, detention, and
slave trading, with penalties as severe as life imprisonment.
-- Article 31 of the constitution protects against restriction of
movement, torture, or "degrading" treatment.
-- Article 42 explicitly prohibits forced labor.
-- Law 16 of 1960 criminalizes forced labor or exploitation as well
as maltreatment of all kinds toward individuals. If the maltreatment
amounts to torture and leads to death, it is considered first degree
murder. In addition, sexual crimes can lead to execution.
Incitement of (sexual) immorality can result in up to seven years'

KUWAIT 00000698 003 OF 004


imprisonment.
-- MOSAL decree 105 of 1994 forbids forced labor.
-- Ministerial decree 149 of 2004 forbids underage employment in
dangerous industries.
-- Ministerial decree 152 of 2004 forbids the use of camel jockeys
younger than 18 years.


15. (SBU) 23B. There are no laws specifically for trafficking.


16. (SBU) 23C. The maximum penalty for rape is death.


17. (SBU) 23D. Prostitution is illegal, as are the activities of
pimps, clients, brothel owners and those who facilitate or encourage
prostitution, with prison sentences up to seven years depending on
level of involvement and the age of the sex workers.


18. (SBU) 23E. The GOK does not keep statistics specifically on
the topic of trafficking. It therefore has to gather statistics from
various agencies, and it is difficult to keep track of crimes that
have a trafficking element. Post continues to press the GOK on the
importance of identifying TIP-related crimes and anticipates
providing additional information before the end of the TIP rating
period.


19. (SBU) 23F. Trafficking in Kuwait is not organized on a large
scale. There are many small agencies that hire out domestic workers,
and they range in the effectiveness with which they prepare their
workers for their jobs and advocate for them in case of problems.
These agencies are regulated by the Government. Many domestic labor
offices have been closed by MOSAL for various legal violations.
There are cases of medium-to-large companies engaging in "residence
permit selling," whereby they sell visa and/or residence permits to
foreign workers, who arrive in Kuwait to find there is no work or
even that the company does not really exist. Again, it seems that
this is done in individual cases rather than as a large-scale
scheme. The Government has laws to protect against such abuses and
has carried out investigations and punished violating companies in
2005-2006. There are anecdotal reports that individuals in
source-country embassies have been illicitly acting as employment
brokers for their constituents and funneling them into unfavorable
work conditions.


20. (SBU) 23G. The Government has carried out numerous raids of
"billiard halls," believed to be places that often illegally employ
women who have run away from bad labor situations and have few other
options legitimate work. There have been newspaper reports of the
closure of houses of prostitution and the arrest/deportation of
alleged pimps.


21. (SBU) 23H. The Government does not, as far as Post knows,
provide any specific training on TIP, although one specific police
station has responsibility for TIP-related crimes.


22. (SBU) 23I. The Government does not, as far as Post knows,
cooperate with other governments in prosecuting TIP cases.


23. (SBU) 23J. Legally, the GOK will extradite its citizens if a
reciprocal extradition treaty exists. In practice, few Kuwaiti
citizens have been extradited for the commission of any type of
crime outside of Kuwait. Foreign nationals are more likely to be
extradited to stand trial for crimes committed outside of Kuwait.


24. (SBU) 23K. There is no evidence of Government involvement in
or tolerance of trafficking, on a local or institutional level


25. (SBU) 23L. N/A.


26. (SBU) 23M. N/A.


27. (SBU) 23N.
-- ILO Convention 182: August 15, 2000 (ratified)
-- ILO Convention 29: September 23, 1968 (ratified)
-- ILO Convention 105: September 21, 1961 (ratified)
-- The Optional Protocol to the Convention on the Rights of the
Child: August 26, 2004 (accession)
-- The Protocol to Prevent, Suppress and Punish Trafficking in
Persons: No


28. (SBU) 24A. The Government does not have a shelter. Shelter and
legal services are provided by the source-country embassies. A

KUWAIT 00000698 004 OF 004


Kuwaiti-run shelter is in the final stages of governmental approval.
All foreign workers in Kuwait have access to very inexpensive health
care.


29. (SBU) 24B. The government-licensed KUDLO, which, in concert
with the Al-Haqooq International legal firm, provides legal services
to expatriate laborers. The Indian Embassy has confirmed that it has
a contract with KUDLO to send domestic workers with legal problems
to KUDLO for legal representation, and that KUDLO/Al-Haqooq has
indeed provided these services free of charge. KUDLO's shelter,
when licensed, will provide shelter as well as mediation and other
legal services.


30. (SBU) 24C. There is no screening and referral process, but
source country embassies have access to victims, and provide these
services.


31. (SBU) 24D. The record is mixed. There are cases where victims
are treated as criminals and deported. In other cases, their
complaints are taken seriously by the police and courts. The Sri
Lankan embassy, for instance, employs a Sri Lankan and a Kuwaiti
lawyer who provide legal services to domestic workers with
complaints. The Sri Lankan lawyer told Post that she is satisfied
with the legal process and that the police are generally quite
active in their pursuit of cases.


32. (SBU) 24E. Post is not aware of efforts to encourage victims
to assist in investigations. Victims can and do file suits against
those who violate their legal rights. These cases are often settled
out of court, though Post has documented cases of the courts ruling
in favor of victims and awarding compensation. While victims may
find it hard to access courts and other procedures due to language
and knowledge barriers, there is no one actively trying to impede
their access. Workers may change employers, though there are
restrictions about moving between certain categories of employment,
and it usually cannot be done in the first 6 - 12 months of arrival
in Kuwait. If an employer violates the labor contract, the employee
may file a case to be released from the contract and find another
job.


33. (SBU) 24F. The de facto system in Kuwait is that these
services are provided by the source-country Embassies, which provide
legal and material assistance. The Government of Kuwait does not
interfere with the Embassies' work.


34. (SBU) 24G. Post continues to investigate this issue.


35. (SBU) 24H. N/A


36. (SBU) 24I. Post knows of no international organizations that
actually work with victims. The International Organization for
Migration (IOM) has a presence in Kuwait and actively lobbies the
Government, but has not enacted programs on the ground.


37. (U) The Embassy Kuwait point of contact on TIP issues is
Democracy and Human Rights Officer Mark Rosenshield (e-mail:
RosenshieldMS@state.gov, phone: +965-259-1690, fax: +965-259-1051).
Mark Rosenshield, a first-tour Entry-Level Officer, spends
approximately 45% of his time on TIP issues. Post management,
including the Ambassador, DCM, and Political Counselor are also
deeply involved in TIP report issues.

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

You can also access the site through the
State Department's Classified SIPRNET website
********************************************* *

LEBARON