TIP REPORT FOLLOWUP: GOK TARGETS 60-DAY REVIEW,

C O N F I D E N T I A L SECTION 01 OF 02 KUWAIT 001070 SIPDIS SIPDIS FOR NEA/ARP, G/TIP AND INL/HSTC E.O. 12958: DECL: 07/07/2027 TAGS: PHUM PGOV ELAB KU TIP SUBJECT: TIP REPORT FOLLOWUP: GOK TARGETS 60-DAY REVIEW, EMBASSY ENGAGES IN OUTREACH REF: A. KUWAIT 1006 ¶B. KUWAIT 994 Classified By: Ambassador Richard LeBaron for reasons 1.4(b) and (d). ¶1. (C) Summary and Comment. Kuwait's placement on Tier Three of the TIP report has generated a great deal of interest in the three weeks since the report's release. The newspapers have devoted significant space to the report. Many of the stories have been critical, but many have also used the occasion to call for improving the situation of foreign workers. Post engaged in several public outreach events on the topic and will continue to raise awareness of TIP issues. The GOK is making an effort to implement changes that will reflect positively in the USG's 60-day review. These efforts include drafting an anti-TIP law and preparations for increased awareness raising, measures to help identify TIP victims in brothels, better information on TIP prosecutions, and evidence of Kuwait's efforts to prevent illegal withholding of passports. These are important steps that address most of the main points in Kuwait's TIP mini action plan. End Summary and Comment. Mixed Media Reports on TIP Report -------------- ¶2. (U) Kuwait's placement on Tier Three of the TIP Report has provoked a significant response in Kuwait. Kuwaiti newspapers printed tens of articles on the subject. Many of the articles focused on U.S. practices such as the continuing detention of prisoners at Guantanamo and argued that the U.S. does not have the right or moral authority to criticize human rights around the world. However, many of these highly critical articles did at least acknowledge that foreign workers in Kuwait experience difficulties and exploitation. Some articles went further by saying the report was largely accurate and should spur Kuwait to change. Several influential Kuwaitis -- including a professor, the leader of the Kuwait Trade Union Federation, and one of Kuwait's most prominent columnists -- held a press conference to call for a national center to combat trafficking in persons. Post Media Efforts to Publicize TIP Report -------------- ¶3. (C) The Embassy held a press conference the day after the release of the report and received a number of requests for media interviews. PolOff participated on June 26 in a seminar on the TIP report with Salafi Islamists at a diwaniyya (reftel A). While the Salafis criticized some of the report's conclusions and pointed out some perceived U.S. human rights violations, they also agreed that the report "did not contradict the Islamic Shari'a" and pointed to a serious problem in Kuwait. The local papers covered the diwaniyya extensively. PolOff appeared on Al-Rai Satellite TV's live "Behind Closed Doors" (Wara' Al-Abwab) program to talk about the TIP report on July 1 along with a Kuwaiti MP and a Kuwaiti lawyer. The program was biased against the U.S. position, with the presenter framing the show's theme as whether the U.S. was worthy of criticizing other countries' human rights records rather than whether the TIP report's claims were valid. Despite the hostile environment, PolOff was able to stress that TIP is an issue based on human rights values shared between Muslims and non-Muslims and between Americans and Kuwaitis. A number of Kuwaiti human rights activists said they tried to call into the show but were not given a chance to participate. GOK Aiming for Positive 60-Day Review -------------- ¶4. (SBU) Kuwait's Committee to Respond to International Humans Rights Reports requested a meeting with the Embassy on July 1, after having issued a statement that the TIP report was not based on facts and that the U.S. had willfully distorted Kuwait's image. PolOff assured the Committee that it was not in the U.S. interest to willfully distort the image of an ally, and that the TIP process was based on clear international norms. PolOff went over the action plan again and also presented a copy of the United Nations "Toolkit to Combat Trafficking in Persons" as an additional example of international anti-TIP standards. ¶5. (SBU) While the Committee expressed its disagreement and disappointment with the report, the members also displayed a willingness to continue working with the U.S. to try to improve Kuwait's ranking. Assistant Undersecretary at the Ministry of Social Affairs and Labor (MOSAL) Jamal Al-Dossari said that MOSAL would coordinate with the Ministry of Interior to provide social workers to help determine whether KUWAIT 00001070 002 OF 002 women arrested in raids of brothels are trafficking victims. He also added that MOSAL was in the process of printing informational brochures in a number of languages to be handed out at the airport. MOSAL provided a letter it wrote in November to the Ministry of Interior urging it to establish a shelter. Dossari stated that the GOK had rejected efforts by private parties to build shelters, since the GOK should bear that responsibility. He blamed bureaucracy for the delay. He also pointed out that the GOK has established a shelter at the airport for housing domestic workers whose sponsors do not arrive to pick them up, as required by the law. The sponsors are fined if they strand the domestic worker at the airport. ¶6. (SBU) Representatives from the Ministry of Justice (MOJ) said their ministry would also take steps to fight TIP. They committed to providing a number of court judgments that could be classified as TIP prosecutions, but which they had not previously provided. An MOJ representative also provided a copy of a draft Anti-Trafficking in Persons law, which the Ministry had approved on June 20. The law provides concrete implementation of the UN Protocol on fighting TIP, including significant jail time and fines for violations. The law must now be approved by the cabinet and passed by parliament, a time-consuming process. MOJ officials also contested the claim that Kuwait is not fighting the illegal withholding of passports and promised to provide evidence of court actions that prove their claim. Dossari, the MOSAL Undersecretary, also said that MOSAL will soon issue a Ministerial Decree emphasizing that passports are the property of the holder and cannot be withheld. ¶7. (SBU) The Director of the National Project for Raising Awareness of Domestic Workers (nicknamed Barira) also requested a meeting with the Embassy on the TIP report on June 27. Barira brought several of its officials, including the legal researcher who has performed various studies on domestic workers in Kuwait. They challenged the basis of the report, accusing it of transforming isolated cases into a widespread "phenomenon." PolOff explained that the report had more to do with Kuwait's efforts to fight TIP than with hard and fast numbers of TIP cases. Barira staff pledged to continue working to improve the situation of domestic workers and voiced their intention to continue cooperating with the USG to provide full information on the TIP report. ¶8. (SBU) Comment: The TIP report has jolted the GOK. While the GOK has challenged some of the report's conclusions, it has also demonstrated a willingness to implement improvements. Post believes that if the GOK takes the steps mentioned above on prostitution, awareness raising, information on prosecutions and passports, a favorable 60-day review may be in order since these steps address most of the points in the mini action plan. The anti-TIP law is an especially important step, but it will take time to pass since Kuwait's parliament works slowly and is about to recess for the summer. End Comment. ********************************************* * 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/ ********************************************* * LeBaron