KUWAIT'S TIP INTERIM ASSESSMENT

C O N F I D E N T I A L KUWAIT 001623

SIPDIS

SIPDIS

FOR NEA/ARP, INL/HSTC, AND G/TIP

E.O. 12958: DECL: 11/15/2027
TAGS: PHUM PGOV ELAB KU TIP
SUBJECT: KUWAIT'S TIP INTERIM ASSESSMENT

REF: A. STATE 147732

B. KUWAIT 1571

Classified By: Charge d'Affaires Alan Misenheimer for reasons 1.4 (b) a
nd (d).


1. (SBU) Summary. Following the very positive development
of establishing a shelter for domestic workers, Kuwait has
not taken addditional actions to improve its efforts to
combat trafficking in persons (TIP) since Ambassador Lagon's
September 26 visit and the subsequent October 18 Tier
placement revision. This stems largely from the short period
of time in question. Post extensively documented
developments between the June release of the report and the
end of September. October was a particularly difficult month
for Kuwait because of tensions between Parliament and the
Government, which have stymied all kinds of legislation and
ultimately led to a major cabinet reshuffle on October 28.
Four of five ministries key to TIP have new ministers:
Justice, Interior, Social Affairs and Labor, and
Awqaf/Islamic Affairs. The Foreign Minister retained his
post. The ministries have therefore found it difficult to
proceed with major new steps. Now that the ministries are
beginning to settle back into work routines, Post has
requested meetings to continue work on key areas where
progress is needed. The Charge briefed the new Minister of
Interior on TIP and the importance of sustaining the progress
Kuwait made from June through September of this year. End
Summary.

Increased Investigation and Prosecution Against Traffickers
-------------- --------------


2. (U) There has been no concrete progress in getting the
GOK to increase its prosecution efforts against suspected
traffickers or to provide better information about the
investigations and prosecutions it has undertaken. Post
continues to stress the importance of this point in meetings
with GOK contacts and expects an appointment soon with key
officials to push for more activity on this issue. Ministry
of Justice officials report, however, that the Committee to
Study International Human Rights Reports is aware of the need
for more information and is discussing it. Post will also
suggest training for prosecutors, in light of recent
information provided by G/TIP about the availability of DOJ
prosecutors who can provide training.

Victim Identification and Training
--------------


3. (C) PolOff met with Hassan Al-Abdulsalam, Director of
Kuwait's Police Academy, on October 28 to stress the need for
training of police officers in victim identification and the
investigation of TIP crimes (ref B). The director welcomed
the idea and noted that police officers have to undergo
regular training courses, so it would be easy to bring them
in for the training. Post promised to find training
implementers and then pursue the matter further. On November
7, PolOff met with IOM (International Organization for
Migration) Regional Representative for the Middle East
Shahidul Haque, who said IOM has Arabic-language training
materials and Arabic-language trainers ready to start
training courses. Post is working to bring IOM and the GOK
together. The Charge met with new Interior Minister Shaykh
Jaber Al-Khaled Al Sabah on November 8 and reiterated the
importance of this training. The Interior Minister replied
that this was his first day in the office so he had not been
fully briefed, but said he looked forward to working with the
USG on training.

Shelter
--------------


4. (C) A Ministry of Social Affairs and Labor (MOSAL)
contact reports that it continues to work toward
establishment of a permanent domestic workers shelter to
replace the temporary shelter established in September. The
major development so far is that it has secured a location
for the permanent shelter.

Legislative Efforts to Combat TIP
--------------


5. (C) The Parliament has made no concrete progress toward
passing the draft anti-trafficking law finalized by the
Ministry of Justice in June. Parliament was out of session
from the beginning of July through October 30 and since then
has been consumed by the new cabinet and a set of major
economic reform issues. Kuwait's democratic Parliament is
currently engaged in a highly visible tug-of-war with the
Government over ministerial appointments, and in the current,
highly charged political environment is unlikely to move
quickly on the draft law. The Ministry of Justice reports,
however, that it has been working behind the scenes on the
law, and has addressed some internal GOK criticisms of the
law. The ministry hopes this will enable more concrete
progress soon.


6. (SBU) MOSAL continues efforts to introduce a revised
labor law. The law would still not cover domestic workers,
which is one of its key failings with regard to TIP. MOSAL
has consulted with the International Labor Organization (ILO)
on alternatives to the sponsorship system and is doing its
own studies of alternatives. Eliminating the sponsorship
system will not be easy, however, since it will affect the
status of a sizable portion of the roughly two-thirds of
Kuwait's residents who are not Kuwaiti citizens. However,
the sponsorship system leads to many of the TIP problems in
Kuwait, so the effort to revamp the system may be the most
effective long-term solution to TIP problems. Post will
continue pressing interlocutors in Parliament and MOSAL to
take action in this regard.

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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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MISENHEIMER