KUWAIT -- TIP 2009 TIER 3 SHORT-TERM ACTION PLAN

UNCLAS STATE 071814 SIPDIS E.O. 12958: N/A TAGS: ELAB KCRM KWMN PHUM PREL SMIG KU SUBJECT: KUWAIT -- TIP 2009 TIER 3 SHORT-TERM ACTION PLAN ¶1. This is an action cable: please see paragraph 4. ¶2. The 2009 Trafficking in Persons (TIP) Report carries policy and programmatic implications for those countries listed on Tier 3 (i.e. those countries whose governments do not fully comply with the minimum standards for the elimination of trafficking and are not making significant efforts to do so). Under the Trafficking Victims Protection Act of 2000, as amended, (TVPA) certain sanctions, effective October 1, 2009, may be imposed on Tier 3 countries. Sanctions may be avoided if, prior to the Presidential determination on sanctions, a country makes "significant efforts" to comply with the minimum standards and the Secretary determines that the country should be reassessed off of Tier 3. ¶3. The following statement is for Post's information only. If the Government of Kuwait completes the steps described below within 60 days of the TIP Report's release (by August 15, 2009) and, assuming that other efforts continue apace and there are no significant negative events related to human trafficking, G/TIP and EAP will recommend to the Secretary that she make a determination that Kuwait has been found to meet the criteria for Tier 2 Watch List. If the Government of Kuwait were reassessed to Tier 2 Watch List, it would no longer be subject to sanctions. If the steps below are not completed, and Kuwait remains on Tier 3, the President has the option to waive sanctions, either in full or in part, if he determines that doing so would promote the purposes of the TVPA or is otherwise in the national interest of the United States. (Note: the term "sanctions" is used herein to describe sanctions defined in the TVPA, including provision for directed voting in international financial institutions (IFIs)). ¶4. Action Request: Kuwait is listed as a Tier 3 Country in the 2009 TIP Report. Post is requested to approach the government to urge that it implement the following steps within the next 60 days. Department encourages Post to remind the government that, while these steps are critical in the next 60 days, continued significant efforts throughout the year will be key to next year's ranking. ¶5. Begin demarche/action plan: The Secretary of State has determined that Kuwait neither fully complies with the minimum standards for the elimination of trafficking in persons, as set forth in U.S. law (the Trafficking Victims Protection Act, as amended),nor is it making significant efforts to comply with those standards. This places Kuwait on Tier 3. Within 90 days of the release of the Trafficking in Persons Report, the President must transmit to Congress sanctions determinations for countries on Tier 3; sanctions could include certain restrictions on USG foreign assistance; and negative USG votes in international financial institutions (IFIs). During the next several months, the USG will work with the Government of Kuwait and foreign country missions most directly affected by trafficking to promote improvements in combating trafficking in persons. Based on actions taken by Kuwait within 60 days of the Report's release, Kuwait could be determined to have made significant efforts to bring itself into compliance with the minimum standards if it undertakes significant actions against trafficking during this time frame. Fulfillment of the following (or other similar) steps would constitute significant efforts: ¶A. Demonstrate a commitment to increasing criminal prosecutions of trafficking offenses. Make available statistics on trafficking prosecutions, convictions, and sentences achieved during the reassessment period. This can include law enforcement under non-trafficking statutes (e.g., kidnapping, assault, rape, etc.),but must be confirmed to be trafficking in nature. -- Persons convicted of trafficking offenses should receive sentences similar to other grave crimes; sentences including prison time for convicted traffickers. (Note: Per the Implementation Guidelines, imposed sentences should involve significant jail time, with a majority of cases resulting in sentences on the order of one year,s imprisonment or more, but taking into account the severity of the individual,s involvement in trafficking, imposed sentences for other grave crimes, and the judiciary,s right to hand down punishments consistent with that country,s laws. End note.) ¶B. Develop and implement a formal procedure to identify trafficking victims among vulnerable groups, such as illegal immigrants and women arrested for prostitution, and refer them to available protective services. -- A formal procedure would, at a minimum, proactively screen for victims, and train personnel in victim identification methods to high-risk areas such as deportation centers or police stations. -- A minimum sufficient victim identification procedure would include the use of professionals trained specifically in trafficking victim identification to interview those in vulnerable groups for evidence of trafficking. (Note: Per the Implementation Guidelines, victims should not be expected to self-identify due to possible feelings of shame or fear of retribution from their traffickers or punishment by the government, and should go beyond the mere checking of an individual,s papers. End note.) --Proactive measures for victim identification are particularly necessary among groups vulnerable to trafficking, such as foreigners being held for deportation and women arrested for prostitution, and it is most appropriate in areas where these potential victims may interface with the government, including deportation centers and police stations. -- Ensure that identified victims of trafficking are not prosecuted, detained, or otherwise penalized for acts committed as a result of being trafficked, such as violation of immigration provisions or prostitution. -- Ensure that victims receive access to victim services. (Note: Per the Implementation Guidelines, a government should ensure that victims receive access to primary health care, counseling, and shelter that allows them to recount their trafficking experience to trained social counselors and law enforcement at a pace with minimal pressure. End Note.) Establishing a standard referral procedure to transfer identified victims to NGO victim services is recommended. ¶C. Provide a credible mechanism by which trafficking victims can file complaints of forced labor and receive protection without the fear of being detained or deported. Publicize the existence of this avenue ) particularly among foreign migrant populations ) and encourage potential trafficking victims to use it. ¶D. Enact already drafted anti-trafficking legislation that prohibits severe forms of trafficking, including trafficking for the purpose of involuntary servitude and commercial sexual exploitation. -- Ensure that penalties for trafficking for commercial sexual exploitation are commensurate with those for other grave crimes. (Note: Per the Implementation Guidelines, sanctions for sex trafficking should be on par with rape. The prescribed penalties for sex trafficking crimes or trafficking involving rape, kidnapping, or death should be substantially similar to those for rape, taking into account the full range of sentences available. End note.) -- Prescribed penalties under this law should be sufficiently stringent to deter would-be traffickers and should adequately reflect the nature of the crime. (Note: Per the Implementation Guidelines, and consistent with the UN Conventional Against Transnational Organized Crime, criminal penalties to meet this standard should include a maximum of at least four years, deprivation of liberty, or a more severe penalty. End note.) -- Prescribed punishments limited to administrative penalties such as bans on future hiring, fines, and payments of back-wages to employees are not considered sufficient to meet this standard. ¶E. Conduct a training program to educate and sensitize law enforcement officers, judges, prosecutors, and other government officials on the effective handling of trafficking cases. Emphasize the protection of witnesses and victims. Such training should be human trafficking-specific. ¶F. Establish a permanent shelter for trafficking victims to the replace the low-capacity temporary shelter currently in use. End demarche/action plan. ¶6. Post's continued assistance and efforts in the fight to eliminate trafficking in persons are greatly appreciated. CLINTON