GOK RESPONSE TO 2008 TIP REPORT

C O N F I D E N T I A L SECTION 01 OF 03 KUWAIT 000799

SIPDIS

FOR NEA/ARP AND G/TIP PATEL

E.O. 12958: DECL: 07/15/2018
TAGS: PREL PHUM SOCI KWMN TIP
SUBJECT: GOK RESPONSE TO 2008 TIP REPORT

REF: A. KUWAIT 782 B. KUWAIT 772 C. KUWAIT 666 D.
KUWAIT 637

Classified By: Ambassador Deborah K. Jones for reasons 1.4 (b) and (d)


1. (C) SUMMARY: In the weeks since the release of the 2008
TIP report, Kuwait's Tier 3 ranking has received widespread
media coverage and appears to have galvanized members of the
newly appointed government and some MPs to rally behind the
cause of combating TIP. Initial media coverage was negative
against the U.S. and Kuwait's ranking, however, in recent
weeks the tone has shifted to reports of government efforts
against TIP and editorials appealing for the GOK to take
action. Although most GOK officials expressed frustration
with the report, namely the decrease from Tier 2 Watchlist to
Tier 3 and the inclusion of statements in the report
regarding Kuwaitis traveling abroad for commercial sex acts,
the report has garnered extensive government and media
attention serving to expand public awareness about TIP. Both
the new Minister of Social Affairs and Labor and new Minister
of Justice/Awqaf and Islamic Affairs have demonstrated
interest in increasing the government's efforts to combat
TIP. Several MPs, including hardline Islamist Dr. Walid
Al-Tabtabaei, have also rallied behind the cause. However,
we suspect that some MPs, including Al-Tabtabaei, may be
using the issue as a political "stick" to "beat" the
government. The GOK is in talks with the International
Organization for Migration (IOM) to hold various courses
related to TIP this fall. At the GOK's request, the IOM is
preparing a concept paper for a two-year program specifically
aimed at combating TIP. It is unlikely that any action will
take place in the next two weeks (before Kuwait's
reassessment as a Tier 3 country) to justify Kuwait's return
to Tier 2 Watchlist status. However, presentation of drafted
anti-TIP legislation to the National Assembly when it
reconvenes in October, follow-through with planned IOM
training courses in October and November and continued
discussion of TIP within government and press circles will
further increase public awareness and demonstrate the level
of GOK committment to combat TIP. END SUMMARY

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NEW GOVERNMENT, NEW INTEREST IN TIP
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2. (C) The June 4 release of the 2008 TIP Report, which
ranked Kuwait as a Tier 3 country, came on the heels of
parliamentary elections and the subsequent appointment of the
new Kuwaiti government at the end of May. Immediate media
reaction (Ref C) criticized the U.S. and challenged Kuwait's
Tier 3 ranking, though some commentators acknowledged the
problem and urged the government to take steps to combat the
issue. In the weeks since the release of the report, TIP
continues to make headlines, but the rhetoric has changed
giving way to reports of government efforts to address the
issue and editorials appealing to the GOK to take action (Ref
B).


3. (C) Bader Al-Duwaila, Minister of Social Affairs and
Labor and Hussain Al-Huraiti, Minister of Justice and Awqaf
and Islamic Affairs, both new to their portfolios, have
expressed concern about the issue and their desire to
increase efforts to combat TIP to Ambassador (Refs A and D)
and in the media. Steps discussed include pressing for
passage of already-drafted anti-TIP legislation (which has
been in the Council of Ministers for almost a year),pressing
the Council of Ministers to deliberate on a domestic labor
law that was submitted by the Kuwait Bar Association (NOTE:
Currently, domestic laborers are not covered under any
legislation. END NOTE),investigating MPs allegedly involved
in visa trading schemes and opening additional shelters for
trafficking victims.


4. (C) Many of the MPs have also charged the government,
specifically the Ministry of Social Affairs and Labor
(MOSAL),with inaction on the issue. One MP (hardline
Islamist Adel Al-Sarawi) suggested, and gained support from
other MPs, forming a committee specifically committed to
tackling TIP.

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REPORT: "EXAGGERATED AND UNFAIR"
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5. (C) In numerous meetings with Poloff, Kuwaiti
interlocutors expressed frustration about Kuwait's demotion
to a Tier 3 ranking after it's rise to Tier 2 Watchlist in
the fall of 2007. A few officials lamented the constant rise
and fall in ranking as "discouraging" to the GOK's efforts to
combat TIP. (NOTE: Kuwait has moved between Tier 3 and Tier
2 Watchlist for the past four years. END NOTE) Many also

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commented that the report was exaggerated and portrayed
Kuwait, "a close ally of the U.S.", in an unfair manner. In
addition, some officials, including the Minister of Social
Affairs and Labor who specifically raised it with Ambassador,
expressed their dismay at the inclusion in this year's report
statements regarding Kuwaitis traveling abroad for commercial
sex acts and the GOK's lack of efforts to reduce the demand
for commercial sex acts. As an Islamic country with laws
based on the Shari'a (Islamic law),many of our interlocutors
feel that these acts are inherently forbidden and that there
is no need to codify them in any type of legislation.

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AN UNEXPECTED ALLY
--------------


6. (C) An unexpected ally in the fight against TIP is
hardline Islamist MP, Dr. Walid Al-Tabtabaei. Al-Tabtabaei
is the new chairman of the National Assembly's Human Rights
Committee and has rallied behind the cause of combating TIP.
Numerous remarks made by Al-Tabtabaei calling on the
government to deal directly with the issue have been widely
covered in the press. His motivation, however, appears to
stem more from using TIP as a political "stick" with which to
"beat" the government for its inaction on this and other
issues.


7. (C) Poloff met with Al-Tabtabaei and two other members of
the Human Rights Committee to discuss the report on June 30.
The meeting became media fodder for a week as the government,
through the Speaker of the National Assembly, Jassem
Al-Khorafi, denounced it saying that the Embassy disregarded
protocol by arranging the meeting directly with the committee
vice going through the Ministry of Foreign Affairs (MFA) and
the Speaker's office. (NOTE: There is no precedent for going
through either the MFA or the Speaker's office for Embassy
meetings with individual MPs or National Assembly committees.
Per protocol, the only member of the National Assembly that
requires a request through the MFA is the Speaker. END NOTE)

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ANTI-TRAFFICKING PROGRAMS WITH IOM
--------------


8. (C) The GOK has recently been working with the
International Organization for Migration (IOM) on various
training programs to assist in combating TIP. On June 1 - 5,
five Kuwaiti officials from MOSAL and the Ministry of
Interior (MOI) participated in a shelter management training
course held by IOM in Bahrain. In addition, MOSAL has
requested that IOM hold a one week capacity building training
course for the staff of the domestic workers' shelter in
October. Also in October, IOM will be conducting training
for MOI officials at the national police academy to educate
law enforcement officials on trafficking which will include
victim identification and ways to handle trafficking cases.
In November, IOM will be hosting a five-day course entitled
"Enhancing Management of Temporary Foreign Labor in Kuwait:
An Orientation Course for Government and Civil Society
Representatives" funded by the British Embassy in Kuwait.


9. (C) At the GOK's request, IOM is preparing a concept
paper for a two-year program (at a cost of USD 2 million)
aimed at enhancing the capacity of the GOK to identify and
protect victims, improve inter-agency cooperation on the
issue and launch a large-scale awareness program.

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ANOTHER VIEW OF GOK EFFORTS
--------------


10. (C) Although TIP has received a great deal of attention
in recent weeks, many of the sending country embassies
continue to bemoan the number of runaway domestic workers in
their shelters (NOTE: All sending country embassies have
their own shelters within the embassies. END NOTE). The
embassies of the Philippines, Sri Lanka, India and Indonesia
have an average of 200 women in each of their shelters daily.
The Sri Lankan Labor Attach told Poloff that the GOK
shelter will only accept women with "easy" cases and any
women who arrive at the shelter wishing to file cases against
their employers are sent back to the embassy. He also told
Poloff that the Sri Lankan embassy no longer sends women to
the GOK shelter because "there is no point." The Indian
Consul General recently described the GOK shelter as a
"farce" because it is too small and there are no established
guidelines for determining which women are allowed to enter
and stay. (NOTE: Per the director of the shelter, each
embassy is allowed to send 10 women. However, embassies are
not allowed to send additional women until all 10 of the
previous women sent have left the shelter. END NOTE)

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LOOKING AHEAD
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11. (C) Summer holidays and the adjournment of the National
Assembly on June 26 preclude substantial progress to justify
Kuwait's return to Tier 2 Watchlist status before the end of
the 60 day reassessment period (which ends in two weeks).
Presentation of drafted anti-TIP legislation to the National
Assembly when it reconvenes in October, follow-through with
the planned IOM training courses in October and November and
continued discussion of TIP within government and press
circles will further increase public awareness and
demonstrate the level of GOK committment to combat TIP.

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For more reporting from Embassy Kuwait, visit:
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Visit Kuwait's Classified Website:
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JONES