VZCZCXRO3356
PP RUEHDE
DE RUEHKU #0698/01 0601325
ZNR UUUUU ZZH
P 011325Z MAR 06
FM AMEMBASSY KUWAIT
TO RUEHC/SECSTATE WASHDC PRIORITY 3241
INFO RUEHZM/GULF COOPERATION COUNCIL COLLECTIVE
RUEAWJA/DEPT OF JUSTICE WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
RHMFUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEHC/DEPT OF LABOR WASHDC
RUEHKA/AMEMBASSY DHAKA 0326
RUEHNE/AMEMBASSY NEW DELHI 0333
RUEHLM/AMEMBASSY COLOMBO 0239

UNCLAS SECTION 01 OF 04 KUWAIT 000698 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
FOR NEA/ARPI, NEA/RA, G/TIP, G, INL, DRL, PRM, AND IWA; DEPT PLEASE 
PASS TO USAID 
 
E.O. 12958:  DECL: N/A 
TAGS: PHUM ELAB KCRM KWMN SMIG KFRD PREF KU
SUBJECT:  KUWAIT:  SIXTH ANNUAL ANTI-TRAFFICKING IN PERSONS REPORT 
(TIP) 
 
REF:  A. STATE 3836 
 
¶B. KUWAIT 505 
 
Sensitive but unclassified.  Not for internet distribution. 
 
¶1.  (U)  Embassy Kuwait's submission for the 2006 Trafficking in 
Persons Report (TIP) follows.  Responses are keyed to paragraphs 
21-24 of reftel. 
 
¶2.  (SBU)  21A:  Kuwait is a destination country for internationally 
trafficked men and women.  There is no trafficking in areas outside 
of GOK control.  The GOK keeps records on the number of foreign 
workers in country.  Source countries work with their labor offices 
to keep tabs on their workers.  These numbers are reliable. Few of 
Kuwait's expatriate workers, however, meet the definition of a 
trafficked person: "trafficked through force, fraud, or coercion 
into domestic servitude, commercial sexual exploitation, forced or 
bonded labor, coerced sweatshop labor, forced marriage, or other 
slave- like conditions."   Therefore it is nearly impossible to 
determine numbers of trafficking victims.  Those most commonly 
subjected to labor exploitation are adult female domestic workers. 
Men are also victims of exploitation, especially those working in 
low-skill sectors.  Despite occasional reports of child labor 
problems (which, in Kuwait, necessarily means noncitizen children) 
source country embassies do not report this as being a notable 
problem.  The Ministry of Social Affairs and Labor (MOSAL) announced 
in January 2006 that it would step up its inspections for violators 
of the ban on child labor.  There does not seem to be a specific 
bias against people of any one nationality or ethnicity.  However, 
the nationals from countries with disproportionately uneducated 
workforces, such as Bangladesh and India, tend to suffer more. 
 
¶3.  (SBU)  21B: Strict enforcement of measures to combat TIP issues 
in Kuwait remained a problem.  One major area of improvement in the 
past year is the use of underage camel jockeys.  The GOK imposed a 
strict ban on the use of underage jockeys and Post has visited the 
camel races several times, for major and minor races, and found no 
evidence of children at work as jockeys.  There have been no other 
credible reports of the use of children as camel jockeys. Post 
assess that trafficked child camel jockeys were not prevalent in 
Kuwait even before the strict regulations imposed by the GOK.  In 
general, many Kuwaiti Government officials willingly and openly 
address trafficking issues and the Government has formed an 
interagency committee to deal with the issue.  MOSAL's labor dispute 
center (for non-domestic workers) helps workers in salary disputes. 
It is well-organized.  The Ministry of Interior (MOI) runs a 
domestic labor office.  NGOs and source country embassy legal aides 
state that the courts are receptive to domestic workers bringing 
cases to court.  Post has numerous court documents awarding 
restitution and punitive damages to domestic workers whose employers 
have violated their contracts.  NGOs and source country embassies 
state that the courts are neutral arbiters of labor disputes and are 
an effective tool for laborers to pursue their grievances. 
Bureaucratic inertia renders all major policy changes difficult, 
including those on TIP issues. Many victims are domestic workers who 
face non-payment, poor working conditions (too many hours, too 
little food), or sexual harassment. Their situations are especially 
difficult to monitor since they work in homes, where inspections are 
unlikely.  Non-domestic workers sometimes arrive in Kuwait to find 
that they have been duped. The contracts they sign in Arabic in 
Kuwait are often for less money than the ones they signed in their 
home countries. Some workers have found their contracts to be with 
bogus companies, who simply wanted to sell visas. These workers are 
then left destitute, illegally resident in the country, and 
vulnerable to exploitation. Visa and residence permit selling leaves 
some workers irreversibly in debt, though actual forged documents do 
not seem to be a major problem. We do not have reports of victims 
being forcibly transported. They come willingly with the hope of 
better-paying jobs than can be found in their home.  Non-domestic 
workers have better legal protection, and MOSAL carries out regular 
safety and administrative inspections. 
 
¶4.  (SBU)  21C: The Government of Kuwait does not lack financial 
resources to tackle TIP. On the other hand, the fact that most of 
the problems are among domestic workers makes enforcement difficult. 
 Kuwaiti officials note that the expatriate labor community's size 
(66% of the population), diversity (one official mentioned that 
there are 120 nationalities represented in Kuwait), and low 
educational profile make combating TIP difficult. Corruption is a 
problem, and there are credible allegations that work visas are 
 
KUWAIT 00000698  002 OF 004 
 
 
illegally sold to brokers.  Workers who enter the country via such 
schemes would be especially vulnerable to exploitation. 
 
¶5.  (SBU)  21D: The Government of Kuwait monitors its immigration 
patterns in general and has a committee for trafficking issues. Post 
will continue to examine Kuwait's efforts to monitor its trafficking 
in persons efforts. 
 
¶6.  (SBU)  22A: The GOK recognizes that labor exploitation occurs, 
but the prevalence of foreign workers in the private sector and 
domestic labor market can overwhelm official enforcement measures. 
The GOK defines trafficking more narrowly than the USG. It considers 
trafficking to be systematic, whereas it views the situation in 
Kuwait as consisting of isolated, individual cases of workers whose 
rights were abused. The GOK acknowledges that some workers face 
difficulties, but it questions whether that constitutes a systemic 
problem and points to the fact that the vast majority of foreign 
workers come to Kuwait and remain voluntarily in order to take 
advantage of higher wages and better work conditions that in their 
home countries.  The general view is that a few publicized, extreme 
cases of worker abuse have maligned the entire labor system. 
 
¶7.  (SBU)  22B: There is a four-party commission to deal with issues 
of trafficking in persons: MOSAL, Ministry of Interior, The 
Municipality, and The Ministry of Commerce. MOSAL has the lead. 
 
¶8.  (SBU)  22C: While the GOK has not initiated any nation-wide 
anti-TIP campaigns, it disseminated widely a minimum wage scale to 
increase the salaries of domestic workers.  The GOK and source 
country embassies are also working with the United States on an 
U.S.-funded project to raise awareness to TIP issues.  The Kuwait 
Union of Domestic Labor Offices (KUDLO) published a magazine and has 
taken out ads in newspapers to educate Kuwaiti employers about the 
legitimate rights of their employees.  Source country Embassy 
officials have told Post that they think the most useful TIP 
strategy is to raise awareness among Kuwaitis. 
 
¶9.  (SBU)  22D. The country does not support other programs to 
prevent trafficking. 
 
22E is missing from the State cable. 
 
¶10.  (SBU)  22F.  The Government is in the final stages of the 
approval process for issuance of a license to KUDLO for establishing 
a shelter.  In early February, however, the Kuwait Municipality 
closed down KUDLO headquarters (where the shelter was to be housed) 
on a zoning technicality.  KUDLO sees this as a temporary setback 
caused by a personal disagreement between a Government official and 
KUDLO's general manager. They say the worst-case scenario is that 
they would have to move their headquarters to a different area (ref 
B).  Source country Embassies have become the de facto shelters for 
domestic laborers.  The Government of Kuwait does not create any 
difficulties for Embassies who wish to provide services to domestic 
laborers. 
 
¶11.  (SBU)  22G. The GOK monitors immigration and emigration 
statistics. Post hopes to provide before the end of the review 
process more detailed statistics on immigration/emigration patterns 
to identify any evidence of trafficking in persons. 
 
¶12.  (SBU)  22H. The GOK established a high level, governmental 
working committee to look into issues of abusive and/or forced 
labor. 
 
¶13.  (SBU)  22J. See 22H. 
 
¶14.  (SBU)  23A.  There are several laws specifically addressing 
trafficking in persons issues, providing a legal framework for 
effectively stopping TIP exists: 
 
--  Kuwaiti criminal law criminalizes kidnapping, detention, and 
slave trading, with penalties as severe as life imprisonment. 
--  Article 31 of the constitution protects against restriction of 
movement, torture, or "degrading" treatment. 
--  Article 42 explicitly prohibits forced labor. 
--  Law 16 of 1960 criminalizes forced labor or exploitation as well 
as maltreatment of all kinds toward individuals. If the maltreatment 
amounts to torture and leads to death, it is considered first degree 
murder.  In addition, sexual crimes can lead to execution. 
Incitement of (sexual) immorality can result in up to seven years' 
 
KUWAIT 00000698  003 OF 004 
 
 
imprisonment. 
--  MOSAL decree 105 of 1994 forbids forced labor. 
--  Ministerial decree 149 of 2004 forbids underage employment in 
dangerous industries. 
--  Ministerial decree 152 of 2004 forbids the use of camel jockeys 
younger than 18 years. 
 
¶15.  (SBU)  23B. There are no laws specifically for trafficking. 
 
¶16.  (SBU)  23C. The maximum penalty for rape is death. 
 
¶17.  (SBU)  23D. Prostitution is illegal, as are the activities of 
pimps, clients, brothel owners and those who facilitate or encourage 
prostitution, with prison sentences up to seven years depending on 
level of involvement and the age of the sex workers. 
 
¶18.  (SBU)  23E. The GOK does not keep statistics specifically on 
the topic of trafficking. It therefore has to gather statistics from 
various agencies, and it is difficult to keep track of crimes that 
have a trafficking element.  Post continues to press the GOK on the 
importance of identifying TIP-related crimes and anticipates 
providing additional information before the end of the TIP rating 
period. 
 
¶19.  (SBU)  23F. Trafficking in Kuwait is not organized on a large 
scale. There are many small agencies that hire out domestic workers, 
and they range in the effectiveness with which they prepare their 
workers for their jobs and advocate for them in case of problems. 
These agencies are regulated by the Government.  Many domestic labor 
offices have been closed by MOSAL for various legal violations. 
There are cases of medium-to-large companies engaging in "residence 
permit selling," whereby they sell visa and/or residence permits to 
foreign workers, who arrive in Kuwait to find there is no work or 
even that the company does not really exist. Again, it seems that 
this is done in individual cases rather than as a large-scale 
scheme. The Government has laws to protect against such abuses and 
has carried out investigations and punished violating companies in 
2005-2006. There are anecdotal reports that individuals in 
source-country embassies have been illicitly acting as employment 
brokers for their constituents and funneling them into unfavorable 
work conditions. 
 
¶20.  (SBU)  23G. The Government has carried out numerous raids of 
"billiard halls," believed to be places that often illegally employ 
women who have run away from bad labor situations and have few other 
options legitimate work.  There have been newspaper reports of the 
closure of houses of prostitution and the arrest/deportation of 
alleged pimps. 
 
¶21.  (SBU)  23H. The Government does not, as far as Post knows, 
provide any specific training on TIP, although one specific police 
station has responsibility for TIP-related crimes. 
 
¶22.  (SBU)  23I. The Government does not, as far as Post knows, 
cooperate with other governments in prosecuting TIP cases. 
 
¶23.  (SBU)  23J. Legally, the GOK will extradite its citizens if a 
reciprocal extradition treaty exists.  In practice, few Kuwaiti 
citizens have been extradited for the commission of any type of 
crime outside of Kuwait.  Foreign nationals are more likely to be 
extradited to stand trial for crimes committed outside of Kuwait. 
 
¶24.  (SBU)  23K. There is no evidence of Government involvement in 
or tolerance of trafficking, on a local or institutional level 
 
¶25.  (SBU)  23L. N/A. 
 
¶26.  (SBU)  23M. N/A. 
 
¶27.  (SBU)  23N. 
-- ILO Convention 182: August 15, 2000 (ratified) 
-- ILO Convention 29: September 23, 1968 (ratified) 
-- ILO Convention 105: September 21, 1961 (ratified) 
-- The Optional Protocol to the Convention on the Rights of the 
Child: August 26, 2004 (accession) 
-- The Protocol to Prevent, Suppress and Punish Trafficking in 
Persons: No 
 
¶28.  (SBU)  24A. The Government does not have a shelter. Shelter and 
legal services are provided by the source-country embassies. A 
 
KUWAIT 00000698  004 OF 004 
 
 
Kuwaiti-run shelter is in the final stages of governmental approval. 
All foreign workers in Kuwait have access to very inexpensive health 
care. 
 
¶29.  (SBU)  24B. The government-licensed KUDLO, which, in concert 
with the Al-Haqooq International legal firm, provides legal services 
to expatriate laborers. The Indian Embassy has confirmed that it has 
a contract with KUDLO to send domestic workers with legal problems 
to KUDLO for legal representation, and that KUDLO/Al-Haqooq has 
indeed provided these services free of charge.  KUDLO's shelter, 
when licensed, will provide shelter as well as mediation and other 
legal services. 
 
¶30.  (SBU)  24C. There is no screening and referral process, but 
source country embassies have access to victims, and provide these 
services. 
 
¶31.  (SBU)  24D. The record is mixed. There are cases where victims 
are treated as criminals and deported. In other cases, their 
complaints are taken seriously by the police and courts. The Sri 
Lankan embassy, for instance, employs a Sri Lankan and a Kuwaiti 
lawyer who provide legal services to domestic workers with 
complaints. The Sri Lankan lawyer told Post that she is satisfied 
with the legal process and that the police are generally quite 
active in their pursuit of cases. 
 
¶32.  (SBU)  24E. Post is not aware of efforts to 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 Post has documented cases of the courts ruling 
in favor of victims and awarding compensation. While victims may 
find it hard to access courts and other procedures due to language 
and knowledge barriers, there is no one actively trying to impede 
their access. Workers may change employers, though there are 
restrictions about moving between certain categories of employment, 
and it usually cannot be done in the first 6 - 12 months of arrival 
in Kuwait. If an employer violates the labor contract, the employee 
may file a case to be released from the contract and find another 
job. 
 
¶33.  (SBU)  24F. The de facto system in Kuwait is that these 
services are provided by the source-country Embassies, which provide 
legal and material assistance. The Government of Kuwait does not 
interfere with the Embassies' work. 
 
¶34.  (SBU)  24G. Post continues to investigate this issue. 
 
¶35.  (SBU)  24H. N/A 
 
¶36.  (SBU)  24I. Post knows of no international organizations that 
actually work with victims. The International Organization for 
Migration (IOM) has a presence in Kuwait and actively lobbies the 
Government, but has not enacted programs on the ground. 
 
¶37.  (U)  The Embassy Kuwait point of contact on TIP issues is 
Democracy and Human Rights Officer Mark Rosenshield (e-mail: 
RosenshieldMS@state.gov, phone: +965-259-1690, fax: +965-259-1051). 
Mark Rosenshield, a first-tour Entry-Level Officer, spends 
approximately 45% of his time on TIP issues.  Post management, 
including the Ambassador, DCM, and Political Counselor are also 
deeply involved in TIP report issues. 
 
********************************************* * 
For more reporting from Embassy Kuwait, visit: 
http://www.state.sgov.gov/p/nea/kuwait/?cable s 
 
You can also access the site through the 
State Department's Classified SIPRNET website 
********************************************* * 
 
LEBARON