PARLIAMENT LEGISLATION ON WOMEN: WOMEN'S SOCIAL

C O N F I D E N T I A L SECTION 01 OF 02 KUWAIT 001144 SIPDIS SIPDIS NOFORN FOR NEA/ARP AND G/IWI E.O. 12958: DECL: 07/18/2027 TAGS: PGOV PHUM ELAB KWMN KU SUBJECT: PARLIAMENT LEGISLATION ON WOMEN: WOMEN'S SOCIAL ENTITLEMENTS, BAN ON NIGHTTIME WORK REF: A. KUWAIT 489 ¶B. KUWAIT 174 Classified By: Charge d'Affaires Timothy Lenderking for reasons 1.4 (b) and (d). ¶1. (C/NF) Summary and Comment: The main piece of women's legislation on the parliament's agenda, which would grant women generous paid leave for taking care of children and other family members, is being handled in a cooperative manner. After a period of contentious public debates on the legislation, women's civil society groups and parliament have been quietly holding productive discussions to refine the law, according to a prominent Shi'a Islamist women's activist. In contrast, Kuwait's parliament approved on June 12 a labor law amendment that would prohibit women from working after 8 p.m. There had been no prior indication that such an amendment would be introduced, which upset women's activists and caused liberal MPs to claim they had not known what they were approving. The Government could have vetoed the law, but decided not to do so in order to avoid a fight with Islamists. The difference in the handling of these two women's rights laws shows that Kuwait is still trying to adapt to the enhanced role of women in politics since they won the right to vote in 2005. End Summary and Comment. Parliament Bans Women from Working After 8 p.m. -------------- -- ¶2. (U) The Kuwaiti parliament unanimously approved on June 12 an amendment to the labor law that would prohibit women from working from 8 p.m. - 7 a.m. with the exception of work in health clinics and other exceptions to be determined by the Minister of Social Affairs and Labor. The Amir has constitutional veto power, which the parliament can then overturn with a two-thirds supermajority. However, the executive branch made it known to the press after its July 15 meeting that it has decided not to challenge the amendment passed by the parliament. The labor law already banned women from working at night, but there was no definition of what time constituted "night" and the law has not been enforced. The new amendment also bans women from working in professions "harmful to morals" and "which take advantage of women's feminineness in ways not in accordance with public morals." The amendment authorizes the Ministry to inspect workplaces for violations of the new provisions. Night Work Ban Reveals Social Divisions -------------- ¶3. (U) The passage of the labor law amendment immediately stirred strong reactions from the public. Women activists and liberals wrote scathing criticisms in the press about the new law. Several liberal parliamentarians even apologized for signing the bill, saying that it had been rushed through at the last second and they did not realize what they were approving. Women's advocates demanded that the Government reject the law and return it to the parliament. ¶4. (C/NF) Many Islamists, however, see the amendment as a protection of women's rights. When a June 26 public discussion of the TIP report turned to the issue of forced prostitution in Kuwait, Salafi MP Ahmad Baqer held the amendment up as an example of Kuwait's humane treatment of women as compared to the "degradation" women face in the West. Suad Al-Jarallah, the head of the Women's Committee of the Social Reform Society (the social wing of the Muslim Brotherhood) told PolOff on July 2 that she supported the law because women should be home with their families in the evening. Other Islamists were not as forceful in their support. The political director of the Islamic Constitutional Movement (the ICM is the political wing of the Muslim Brotherhood) expressed to PolOff tepid support for the law, but readily admitted that 8 p.m. was too early. Khadeeja Al-Mahmeed, a Shi'a Islamist women's activist, told PolOff on July 17 that some regulation of women's work at night was appropriate, but that 8 p.m. was too early. She was especially upset that lawmakers had rammed the amendment through parliament without consulting women. ¶5. (C/NF) Speculation about why the Government would let such an amendment become law has focused on political calculations. Newspapers reported on July 16 and 17 that Islamist MPs had threatened to grill the Minister for Cabinet Affairs if the Government rejected the law, but that a compromise had been worked out to change the definition of "night" to midnight - 6 am when the parliament reconvenes on October 30. MP Ali Al-Rashed, one of the staunchest liberal supporters of women's rights in the parliament, repeated to KUWAIT 00001144 002 OF 002 PolOff on July 17 the press stories of a backroom deal to appease the Islamists. He also noted that parliament's labor affairs committee was close to completing review of a completely new labor law that would be introduced into parliament when it reconvenes. Al-Rashed said he had proposed that the new law only ban women from working at night in dangerous industrial jobs. He predicted a clash with Islamists over his proposal. ¶6. (C/NF) Comment: In practice the existing women's work ban has not been strictly enforced. The new amendment gives a great deal of discretion to the Minister of Social Affairs and Labor and the current minister is a liberal with little inclination to enforce the law. Women's rights activists are concerned about what will happen if a more conservative minister is appointed. The amendment raises potential concerns for Embassy Kuwait since the Embassy recently hired its first female guards, who often work night shifts. It is especially unlikely, however, that the GOK would raise the issue with regard to U.S. Embassy staff. Women's Civil and Social Rights Law -------------- ¶7. (U) In February, Islamists MPs succeeded in convincing the Women's Affairs Committee to pass a law concerning women's civil and social rights. The law provided extremely generous benefits to women, including extended paid leaves of absence for child-rearing and other family-related duties. Liberal women criticized the law as an effort to incentivize women to stay out of the public sphere while Islamist women activists lauded it as giving concrete expression to the value of women's role in the family (see reftels A and B). ¶8. (C/NF) Khadeeja Al-Mahmeed told PolOff, however, that recently the controversy has actually brought women of differing political leanings together. She reported that the National Assembly's Women's Committee has been holding meetings with representatives of various women's groups approximately every two weeks to discuss the controversial law. She said a consensus was developing around the fact that the benefits offered to women are excessive and would be a major drain on the state's coffers. She expressed optimism that these discussions would form the basis for future cooperation between the often competitive women's groups in addition to providing an example of how women can contribute to the legislative process. ********************************************* * 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/ ********************************************* * Lenderking