KUWAIT'S 2010 TIP REPORT SUBMISSION: PART 2

UNCLAS KUWAIT 000127 SIPDIS NEA/ARP, G/TIP, G, INL, DRL, PRM, G-LAURA PENA E.O. 12958: N/A TAGS: KTIP KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB KMCA, KU SUBJECT: KUWAIT'S 2010 TIP REPORT SUBMISSION: PART 2 REF: STATE 2094 ¶1. (SBU) Part 2 of Embassy Kuwait's submission for the 2010 Trafficking in Persons (TIP) report follows. ¶2. (SBU) Responses are keyed to paragraphs 27 to 30 of reftel. ================== INVESTIGATION AND PROSECUTION OF TRAFFICKERS (continued) ================== ¶3. (SBU) Please find below responses to questions in paragraph 27 of reftel: 27E Question: Did the government take legal action against human trafficking offenders during the reporting period? If so, provide numbers of investigations, prosecutions, convictions, and sentences imposed, including details on plea bargains and fines, if relevant and available. Please note the number of convicted trafficking offenders who received suspended sentences and the number who received only a fine as punishment. Please indicate which laws were used to investigate, prosecute, convict, and sentence traffickers. Also, if possible, please disaggregate numbers of cases by type of TIP (labor vs. commercial sexual exploitation) and victims (children under 18 years of age vs. adults). What were the actual punishments imposed on convicted trafficking offenders? Are they serving the time sentenced? If not, why not? 27E Answer: Actions taken during the last year include: -- On 10 December 2009, in a landmark ruling, a criminal court sentenced a Kuwaiti employer in absentia to 16 years in jail for sexually and physically abusing a Filipina maid in his employ and issued a warrant for his arrest; the employer absconded and as of December 12 had not been apprehended, according to local press reports. The Philippines Embassy had filed charges on behalf of the woman in March after she had been hospitalized for a head wound requiring 24 stitches. In her sworn statement, she claimed that her employer sexually assaulted her and threatened to kill her if she refused his advances, according to the Philippines Embassy. -- On 22 December 2009, Kuwait's Criminal Court sentenced a Kuwaiti woman to 15 years in prison for murdering her housemaid. According to press reports, the maid had been assaulted and mortally injured by her employer and then denied medical care for a period of three days prior to being transported in critical condition to a hospital, where she expired. -- On 6 January 2010, the Kuwaiti Criminal Court found a Kuwaiti woman guilty of physically abusing a domestic worker in her employ, and sentenced her to two years imprisonment. However, this sentence was subsequently suspended upon payment of a 100 KD fine (USD 350). The Indonesian maid was allegedly beaten, scalded by boiling water and branded with a heated knife. -- In the past year, the GOK charged fifteen Kuwaiti citizens and a larger number of expats with domestic labor abuse. However, the 10 December 2009 sentence of 16 years is unusually stiff. By comparison, a Kuwaiti citizen charged with murder for beating his maid to death in July was sentenced to ten years. 27F Question: Does the government provide any specialized training for law enforcement and immigration officials on identifying and treating victims of trafficking? Or training on investigating and prosecuting human trafficking crimes? Specify whether NGOs, international organizations, and/or the USG provide specialized training for host government officials. 27F Answer: During the year, the GOK did not provide any specialized training locally for government officials in how to recognize, investigate and prosecute instances of trafficking. As in years past, the International Organization for Migration (IOM) provided anti-TIP training to government officials. On December 6-10, 2009, Kuwaiti officials from the Ministries of Interior, Justice, Social Affairs and Labor, and Foreign Affairs participated in an IOM workshop on expatriate workers' rights. On January 11, 2010, the IOM opened a workshop -- funded by the government of Holland through its embassy here -- aimed at building TIP awareness and the capability of Kuwaiti officials to use existing law in TIP-related crimes. The three-day workshop trained 20 senior Kuwaiti judicial officials and representatives from the Attorney General's office. The workshop received widespread, positive publicity in the local media, with prominent coverage given the participation of Kuwaiti Deputy Prime Minister for Legal Affairs Rashed Al-Hammad. 27G Question: Does the government cooperate with other governments in the investigation and prosecution of trafficking cases? If possible, provide the number of cooperative international investigations on trafficking during the reporting period. 27G Answer: There were no reports that the GOK cooperated with other governments in the investigation and prosecution of trafficking cases. 27H Question: Does the government extradite persons who are charged with trafficking in other countries? If so, please provide the number of traffickers extradited during the reporting period, and the number of trafficking extraditions pending. In particular, please report on any pending or concluded extraditions of trafficking offenders to the United States. 27H Answer: In theory, the GOK will extradite its citizens if a reciprocal extradition treaty exists. However, in practice, very few Kuwaiti citizens have ever been extradited for committing any crimes outside of Kuwait. Post is unaware of any extraditions for TIP-related crimes. 27I Question: Is there evidence of government involvement in or tolerance of trafficking, on a local or institutional level? If so, please explain in detail. 27I Answer: There is no evidence of GOK involvement in or tolerance of trafficking on a local or institutional level. However, some government officials reportedly facilitate the importation of workers by citizens or foreigners in exchange for political loyalty or bribes. The workers brought in are generally slated for the private sector and are less likely to be trafficked than domestic workers. When trafficking occurs, it is perpetrated by the recipients of the government permits, rather than by the government agents themselves. 27J Question: If government officials are involved in human trafficking, what steps has the government taken to end such complicity? Please indicate the number of government officials investigated and prosecuted for involvement in trafficking or trafficking-related criminal activities during the reporting period. Have any been convicted? What sentence(s) was imposed? Please specify if officials received suspended sentences, or were given a fine, fired, or reassigned to another position within the government as punishment. Please indicate the number of convicted officials that received suspended sentences or received only a fine as punishment. 25J Answer: Post is unaware of any government officials involved in trafficking. 27K Question: For countries that contribute troops to international peacekeeping efforts, please indicate whether the government vigorously investigated, prosecuted, convicted and sentenced nationals of the country deployed abroad as part of a peacekeeping or other similar mission who engaged in or facilitated severe forms of trafficking or who exploited victims of such trafficking. 27K Answer: Kuwait does not contribute troops to international peacekeeping efforts. 27L Question: If the country has an identified problem of child sex tourists coming to the country, what are the countries of origin for sex tourists? 27L Answer: Kuwait does not have an identified problem of child sex tourists coming to the country. ================== PROTECTION AND ASSISTANCE TO VICTIMS ================== ¶4. (SBU) Please find below responses to questions in paragraph 28 of reftel: 28A Question: What kind of protection is the government able under existing law to provide for victims and witnesses? Does it provide these protections in practice? 28A Answer: The GOK does not provide any particular protection for witnesses. 28B Question: Does the country have victim care facilities (shelters or drop-in centers) which are accessible to trafficking victims? Do foreign victims have the same access to care as domestic trafficking victims? Where are child victims placed (e.g., in shelters, foster care, or juvenile justice detention centers)? Does the country have specialized care for adults in addition to children? Does the country have specialized care for male victims as well as female? Does the country have specialized facilities dedicated to helping victims of trafficking? Are these facilities operated by the government or by NGOs? What is the funding source of these facilities? Please estimate the amount the government spent (in U.S. dollar equivalent) on these specialized facilities dedicated to helping trafficking victims during the reporting period. 28B Answer: The GOK established a temporary domestic workers shelter in September 2007. The shelter has a maximum capacity of 40 women and provides medical, psychological and legal services. The women who are at the shelter are sent from the shelters of the various source country embassies. The embassies are only allowed to send up to 10 women at a time; however, all ten women must have left the shelter before that embassy can send additional women. Source country embassies informed post that the shelter has requested that only women with "simple" cases be sent to the shelter. From September 2007 to September 2008, the shelter assisted 279 women from seven different countries. In 2007, the GOK committed to opening a permanent shelter that would house 700 people, both men and women. In August 2008, a site was identified (a former elementary school) and the GOK is in the process of officially transferring the building from the Ministry of Education to MOSAL. When the building is officially transferred, MOSAL will begin to refurbish the building, at a cost of approximately USD 2.5 million. Funding for refurbishment has been allocated. Some source country embassies -- anticipating the completion of the 700-bed facility -- have responded unfavorably to the possible future prospect of being required to turn their runaway workers over to a GOK shelter. The de facto system of sheltering in Kuwait is through source country embassies which provide assistance. In meetings with different source country embassies, Embassy learned that three source country embassy shelters alone house approximately 600 women. The GOK does not interfere in the embassies' work. There are no known domestic (Kuwaiti) victims of trafficking in Kuwait. There is not a known problem with children being trafficked. The country does not currently have any facilities for male victims. 28C Question: Does the government provide trafficking victims with access to legal, medical and psychological services? If so, please specify the kind of assistance provided. Does the government provide funding or other forms of support to foreign or domestic NGOs and/or international organizations for providing these services to trafficking victims? Please explain and provide any funding amounts in U.S. dollar equivalent. If assistance provided was in-kind, please specify exact assistance. Please specify if funding for assistance comes from a federal budget or from regional or local governments. 28C Answer: The GOK does not provide trafficking victims access to legal, medical and psychological services, except for the estimated 300 women who annually stay at the GOK shelter for abused domestic workers. The GOK does not provide funding or other forms of support to domestic NGOs or international organizations to provide services to trafficking victims. 28D Question: Does the government assist foreign trafficking victims, for example, by providing temporary to permanent residency status, or other relief from deportation? If so, please explain. 28D Answer: The GOK does not assist victims by providing any type of residency status or relief from deportation. 28E Question: Does the government provide longer-term shelter or housing benefits to victims or other resources to aid the victims in rebuilding their lives? 28E Answer: The GOK does not provide such resources to aid the victims in rebuilding their lives. 28F Question: Does the government have a referral process to transfer victims detained, arrested or placed in protective custody by law enforcement authorities to institutions that provide short- or long-term care (either government or NGO-run)? 28F Answer: The GOK does not have such a referral process and there are no institutions other than the temporary domestic workers shelter that would provide short- or long-term care. 28G Question: What is the total number of trafficking victims identified during the reporting period? (If available, please specify the type of exploitation of these victims - e.g. "The government identified X number of trafficking victims during the reporting period, Y or which were victims of trafficking for sexual exploitation and Z of which were victims of nonconsensual labor exploitation.) Of these, how many victims were referred to care facilities for assistance by law enforcement authorities during the reporting period? By social services officials? What is the number of victims assisted by government-funded assistance programs and those not funded by the government during the reporting period? 26G Answer: The GOK does not keep statistics to track the total number of trafficking victims. Labor attaches from labor-sending countries estimated that approximately one to two percent of Kuwait's 544,000 domestic workers have problems with withholding of payment or physical abuse. (Note: Determining the actual number of domestic workers who experience such problems is difficult to determine. The labor attaches' estimate should be taken with a grain of salt. End note.) 28H Question: Do the government's law enforcement, immigration, and social services personnel have a formal system of proactively identifying victims of trafficking among high-risk persons with whom they come in contact (e.g., foreign persons arrested for prostitution or immigration violations)? For countries with legalized prostitution, does the government have a mechanism for screening for trafficking victims among persons involved in the legal/regulated commercial sex trade? 28H Answer: The GOK does not have a formal system of proactively identifying victims of trafficking among high risk persons with whom they come in contact. Kuwait does not have legalized prostitution. 28I Question: Are the rights of victims respected? Are trafficking victims detained or jailed? If so, for how long? Are victims fined? Are victims prosecuted for violations of other laws, such as those governing immigration or prostitution? 28I Answer: At the law enforcement level, victims' rights are usually not respected. According to source country embassies, the treatment of victims varies from police station to police station, but for the most part the women are treated poorly. There were numerous reports in the press during the reporting period about domestic workers attempting to commit suicide and subsequently being arrested (attempting to commit suicide is illegal in Kuwait). At the judicial level, victims are generally treated fairly; however, the slowness of the court system works against the victims who must remain in-country for the duration of the process for criminal cases. Under Kuwaiti law, sponsors/employers can file absconding cases against domestic workers (or absentee cases against non-domestic workers) to counter any claims filed by the victim. However, according to the law, absconding and/or absentee cases are invalid if the reason for the worker running away was violation of his/her rights. In practice, sponsors/employers are sometimes successful in filing their cases and having the victim deported. Deportation of victims is the norm for non-violent crimes; prosecution and fines are rare. Source country embassies have reported that domestic workers awaiting deportation can spend up to two or three months in jail because there are no facilities to house women awaiting deportation. 28J Question: Does the government encourage victims to assist in the investigation and prosecution of trafficking? How many victims assisted in the investigation and prosecution of traffickers during the reporting period? May victims file civil suits or seek legal action against traffickers? Does anyone impede victim access to such legal redress? If a victim is a material witness in a court case against a former employer, is the victim permitted to obtain other employment or to leave the country pending trial proceedings? Are there means by which a victim may obtain restitution? 28J Answer: The GOK does not encourage victims to assist in investigations. Victims can and do file suits against those who violate their legal rights. These cases are often settled out of court, though there have been cases of the courts ruling in favor of victims and awarding compensation. Although there is no concerted effort to impede victims' access to legal redress, language and knowledge barriers present difficult obstacles and hurdles for the victims. Victims are not allowed to leave the country pending criminal trial proceedings. In practice, it is difficult for workers to file suits against their employer due to the slowness of the court and the victims' inability to leave the country. In most cases, the victims are not permitted to obtain other work while awaiting the outcome of the cases due to the fact that their employer is likely to also be their sponsor. Workers cannot move between certain categories of employment and most cannot switch employers during the first twelve months of arrival in Kuwait. 28K Question: Does the government provide any specialized training for government officials in identifying trafficking victims and in the provision of assistance to trafficked victims, including the special needs of trafficked children? Does the government provide training on protections and assistance to its embassies and consulates in foreign countries that are destination or transit countries? What is the number of trafficking victims assisted by the host country's embassies or consulates abroad during the reporting period? Please explain the type of assistance provided (travel documents, referrals to assistance, payment for transportation home). 28K Answer: The GOK did not provide any specialized training for government officials to identify trafficking victims or in the provision of assistance to trafficked victims. The GOK does not provide training on protections and assistance to its embassies and consulates in foreign countries that are destination or transit countries. Post is unaware of any reports of Kuwaiti nationals as victims of trafficking and unaware of the number of victims, if any, that were assisted by Kuwaiti embassies and consulates abroad. 28L Question: Does the government provide assistance, such as medical aid, shelter, or financial help, to its nationals who are repatriated as victims of trafficking? 28L Answer: Post is unaware of any reports of Kuwaiti nationals as victims of trafficking; therefore, the government did not provide any assistance in this regard. 28M Question: Which international organizations or NGOs, if any, work with trafficking victims? What type of services do they provide? What sort of cooperation do they receive from local authorities? 28M Answer: The United Nations Development Program and the IOM operate in Kuwait and follow trafficking issues closely. Rather than helping individual victims, they frequently press the GOK to make improvements and work to influence public policy. In February 2009, IOM hosted a "Workshop on Enhancing Management of Temporary Foreign Labor in Kuwait" which brought together Kuwaiti human rights NGOs, embassy officials from labor-sending countries, and high-level GOK officials for the first time. Because of GOK cooperation with the workshop, NGO workers and labor attaches were given direct access to air their grievances and debate with government decision-makers. ================== PREVENTION ================== ¶5. (SBU) Please find below responses to questions in paragraph 29 of reftel: 29A Question: Did the government conduct anti-trafficking information or education campaigns during the reporting period? If so, briefly describe the campaign(s),including their objectives and effectiveness. Please provide the number of people reached by such awareness efforts, if available. Do these campaigns target potential trafficking victims and/or the demand for trafficking (e.g. "clients" of prostitutes or beneficiaries of forced labor)? (Note: This can be an especially noteworthy effort where prostitution is legal. End Note.) 29A Answer: The Ministry of Awqaf and Islamic Affairs made a nationwide effort to reduce sex tourism by requiring some Sunni mosques to deliver Friday sermons on Islam's strict teachings against improper sex relations and on the dangers of sex abroad. (NOTE: The government has some control over the content of Sunni mosque sermons. About 70% of Kuwaitis are Sunni. END NOTE.) 29B Question: Does the government monitor immigration and emigration patterns for evidence of trafficking? 29B Answer: The GOK does not monitor immigration and emigration patterns for evidence of trafficking. 29C Question: Is there a mechanism for coordination and communication between various agencies, internal, international, and multilateral on trafficking-related matters, such as a multi-agency working group or a task force? 29C Answer: The GOK has a newly formed (April 2008) Human Rights Committee which is chaired by the Minister of Justice and includes representatives from MOSAL, MOI, Ministry of Justice, Ministry of Foreign Affairs, Ministry of Awqaf & Islamic Affairs and the Ministry of Commerce. The committee meets once a month to discuss issues but post is unaware of any actions or decisions emanating from these meetings. Apart from this committee, there does not appear to be any other regular coordination mechanism involving the various agencies involved with TIP at the working level. 29D Question: Does the government have a national plan of action to address trafficking in persons? If the plan was developed during the reporting period, which agencies were involved in developing it? Were NGOs consulted in the process? What steps has the government taken to implement the action plan? 29D Answer: The GOK does not have a national plan of action to address TIP. 29E Question: What measures has the government taken during the reporting period to reduce the demand for commercial sex acts? (see ref B, para. 9(3) for examples) 29E Answer: The GOK has taken no measures to reduce the demand for commercial sex acts. 29F Question: What measures has the government taken during the reporting period to reduce the participation in international child sex tourism by nationals of the country? 29F Answer: The Ministry of Awqaf and Islamic Affairs made a nationwide effort to reduce sex tourism by requiring some Sunni mosques to deliver Friday sermons on Islam's strict teachings against improper sex relations and on the dangers of sex abroad. ================== PARTNERSHIP ================== ¶6. (SBU) Please find below responses to questions in paragraphs 30 and 31 of reftel: 30A Question: Does the government engage with other governments, civil society, and/or multilateral organizations to focus attention and devote resources to addressing human trafficking? If so, please provide details. 30A Answer: On January 11, 2010, Kuwaiti Deputy Prime Minister for Legal Affairs Rashed Al-Hammad participated in an IOM workshop -- funded by the government of Holland through its embassy here -- aimed at building TIP awareness and the capability of Kuwaiti officials to use existing law in TIP-related crimes. The three-day workshop trained 20 senior Kuwaiti judicial officials and representatives from the Attorney General's office. 31B Question: What sort of international assistance does the government provide to other countries to address TIP? 31B Answer: The government did not provide international assistance to other countries to address TIP. ================== TIP POC KUWAIT ================== ¶7. (SBU) The point of contact at Embassy Kuwait for TIP related issues is Garth Hall, who is an FS-05. Time spent by Garth Hall on the preparation of the cable: approximately 40 hours, including meetings, research and drafting. Telephone: 965 2259-1690. Fax: 965 2259-1051. Email: HallGT@state.gov. ********************************************* ********* For more reporting from Embassy Kuwait, visit: visit Kuwait's Classified Website at: http://www.intelink.sgov.gov/wiki/Portal:Kuwa it ********************************************* ********* JONES