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