GOK COUNCIL OF MINISTERS RATIFY ANTI-TIP LAW,

UNCLAS KUWAIT 000840 SIPDIS NEA/ARP, NEA/I, G/TIP E.O. 12958: N/A TAGS: PREL PHUM SOCI KWMN KU SUBJECT: GOK COUNCIL OF MINISTERS RATIFY ANTI-TIP LAW, PARLIAMENT LIKELY TO FOLLOW SUIT REF: KUWAIT 0772 Council of Ministers Ratify Anti-Tip Law -------------- ¶1. A year after its drafting, the Kuwaiti Council of Ministers (COM) ratified the "Anti-Trafficking in Persons and Smuggling Immigrants" law July 21, signifying its successful navigation through the COM's Legal Affairs Committee and Department of Fatwa and Legislation. To become law, it must next be ratified by the Kuwaiti National Assembly, -- currently adjourned until October -- in which MPs will vote to approve, reject or refer the draft to the parliamentary legislative committee. Passage Likely -------------- ¶2. (SBU) The tone over the last few weeks supports a likely passage of the draft into law. Though the initial public response was negative to the June release of the USG Trafficking in Persons report, which listed Kuwait as a Tier III worst offender, political gamesmanship and introspection has increased public awareness of trafficking and led to proactive measures by MPs and recently, the GOK. In the last week, multiple news articles have expressed indignation at the GOK's perceived inaction on TIP, especially after a series of strikes staged by laborers at cleaning companies. That the government, to the public eye, appeared to allow, or did nothing to stop such egregious actions as the withholding of salaries of laborers, has resulted in journalists and human rights activists accusing the GOK of trafficking complicity. At the same time, Islamist MPs, looking to deliver on campaign promises of anti-corruption, have used TIP and the need for proper anti-trafficking legislation as a rallying cry to gather public and parliamentary support. In a turnabout from a practice of denial, officials at the highest levels, including the Prime Minister and the new Minister of Social Affairs and Labor recently have publicly recognized the existence of trafficking in Kuwait and that some of the large companies play a nefarious role in denying basic rights of workers. Overview of the Law -------------- ¶3. The draft legislation defines trafficking in persons similarly to the UN definition: Trafficking includes recruiting, employing, transporting, harboring or receiving people by coercion, force, threat of use of force, or otherwise by means of kidnapping, deception fraud, or exploitation of power or authority over potential victims. ¶4. The draft lists sentences for TIP crimes as up to 15 years Q prison. The sentence may increase to life in prison in cases in which the offender is a government employee, involved in organized crime, or if the crime is transnational. The accused may face the death penalty if the crime results in the death of the victim. Immigrant smugglers may be sentenced for up to 10-15 years. ********************************************* * 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/ ********************************************* * JONES