VZCZCXRO4432
PP RUEHDE RUEHDIR
DE RUEHKU #0312/01 0630758
ZNR UUUUU ZZH
P 040758Z MAR 07
FM AMEMBASSY KUWAIT
TO RUEHC/SECSTATE WASHDC PRIORITY 8427
INFO RUEHZM/GULF COOPERATION COUNCIL COLLECTIVE PRIORITY
RUEHLM/AMEMBASSY COLOMBO PRIORITY 0274
RUEHKA/AMEMBASSY DHAKA PRIORITY 0361
RUEHIL/AMEMBASSY ISLAMABAD PRIORITY 0946
RUEHJA/AMEMBASSY JAKARTA PRIORITY 0095
RUEHML/AMEMBASSY MANILA PRIORITY 0549
RUEHNE/AMEMBASSY NEW DELHI PRIORITY 0375
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
RHEFHLC/HOMELAND SECURITY CENTER WASHINGTON DC PRIORITY
RUEHC/DEPT OF LABOR WASHDC PRIORITY
RUEATRS/DEPT OF TREASURY WASHDC PRIORITY

UNCLAS SECTION 01 OF 07 KUWAIT 000312 
 
SIPDIS 
 
SIPDIS 
 
FOR NEA/ARP, NEA/RA, G/TIP, G, INL, DRL, PRM, G/IWI; DEPT 
PLEASE PASS TO USAID 
 
E.O. 12958: N/A 
TAGS: PHUM KCRM KWMN SMIG KFRD ASEC PREF ELAB KU
SUBJECT: KUWAIT: SEVENTH ANNUAL ANTI-TRAFFICKING IN PERSONS 
REPORT 
 
REF: STATE 202745 
 
Sensitive But Unclassified; not for Internet distribution. 
 
¶1. (U) Embassy Kuwait's submission for the 2007 Trafficking 
in Persons Report (TIP) follows. Responses are keyed to 
paragraphs 27-30 of reftel. 
 
-------- 
OVERVIEW 
-------- 
 
¶2.  (SBU) Please find below responses to questions in 
paragraph 27 of reftel: 
 
--  27A: Kuwait is a destination country for internationally 
trafficked men and women and possibly a small number of 
children.  No reliable numbers were available for the numbers 
of victims.  There is trafficking in persons into the country 
as well as some within the country's borders.  There is no 
trafficking in areas outside of GOK control.  The GOK keeps 
reliable records on the number of foreign workers in country. 
 Source countries also try to keep track of the numbers of 
their citizens in Kuwait but their numbers are less reliable. 
 Many of Kuwait's expatriate workers complain of violations 
of their rights as workers, though most of these cases do not 
meet the definition of trafficking in persons: "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."  Neither the GOK nor any of the source-country 
embassies separate out statistics of simple labor violations 
from those of trafficking.  Therefore it is impossible to 
determine numbers of trafficking victims.  There are some 
indications that the GOK might begin work on an 
anti-trafficking law.  Such a law would codify trafficking as 
a discrete phenomenon, which might lead to more reliable 
information about the number of victims.  Those most commonly 
subjected to labor exploitation are adult female domestic 
workers.  Men and women working in low-skilled sectors such 
as janitorial services are also victims of exploitation, some 
of which might be characterized as trafficking.  Despite 
occasional reports of child labor problems among 
third-country nationals and Bidoons (stateless residents) 
source country embassies do not report this as being a 
notable problem.  There does not seem to be a specific bias 
against people of any one nationality or ethnicity.  However, 
migrants from countries with disproportionately uneducated 
workforces tend to suffer more. 
 
--  27B:  Trafficking in persons remains an issue in Kuwait. 
Source country embassies and NGOs do not report major changes 
in the level of trafficking-related activities as compared to 
the previous year.  In the past year the GOK took two major 
steps to improve the trafficking situation: it implemented a 
new contract that set minimum standards for domestic workers 
and it launched an awareness program for domestic workers and 
their employers (referred to as "sponsors" in Kuwait).  The 
Government also carried out a campaign against brothels where 
foreign men and women work, many of whom are suspected of 
being former domestic workers. 
 
High-level Kuwaiti officials, including ministers, have 
expressed to the Ambassador and other Embassy Officers their 
willingness to improve the situation for foreign workers and 
to undertake projects such as building a shelter to protect 
victims.  However, progress in implementing reforms in the 
labor sector has been slow. 
 
Trafficking for labor purposes is more common than sex 
trafficking.  Workers face a number of problems that 
occasionally make them susceptible to becoming victims of 
human trafficking.  The most common problems are non-payment 
of salaries and withholding of passports.  Some domestic 
workers face the additional problems of restriction of 
movement, unsuitable living conditions, and abuse.  Another 
problem is "visa trading" or "residence permit trading," in 
which sponsors profit by selling their sponsorship to 
 
KUWAIT 00000312  002 OF 007 
 
 
workers.  In many cases workers pay very high fees to 
recruiters (sometimes in Kuwait but often in their own 
countries) for the right to procure a job in Kuwait.  Some of 
these workers arrive in the country to find that the job they 
were promised does not exist.  Many others know full well 
that no job exists, but come anyway in the hopes of finding a 
job when they arrive.  These people often end up paying 
another person annually to sponsor them so they can remain in 
Kuwait.  Even those who find jobs sometimes find it difficult 
to repay the debts they incur.  Workers facing these types of 
problems are put in the difficult position of either 
accepting unfavorable work conditions or returning home to 
debts they have little chance of paying.  There are credible 
reports of people promising runaway domestic workers 
well-paid restaurant jobs and non-domestic work visas, but 
then coercing the workers into prostitution.  The GOK asserts 
that cases of actual coercion are rare, and that most of the 
women apprehended made conscious choices to work as 
prostitutes.  Discerning how many cases involve actual 
coercion is very difficult.  Domestic labor recruitment 
offices, small businessmen, and individuals are the most 
common traffickers.  Government officials enable sponsors to 
procure permission to sponsor foreign workers, though there 
is no evidence to suggest that there is widespread government 
complicity in the kinds of visa and residence-permit trading 
described above.  The GOK and the media often report that 
Bangladeshi individuals and gangs are organizing the 
prostitution rings, though there is not solid evidence to 
support that claim.  The Bangladeshi embassy reports that 
most of its citizens are simply fall guys who are arrested 
and deported while the real organizers go free.  The GOK does 
in fact deport most of those it arrests in its frequent raids 
on brothels, so it is difficult to determine who is truly 
behind the prostitution.  The GOK has made a limited number 
of arrests of low-level government employees (both Kuwaiti 
and non-Kuwaiti) who have misused their positions to 
facilitate the selling of visas and residence permits. 
 
--  27C:  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: in Kuwaiti culture, the home is a very 
private place and it is therefore difficult to regulate this 
sector.  Kuwaiti officials note that the expatriate labor 
community's size (67% of the population), diversity (over 100 
nationalities), and low educational profile make combating 
TIP difficult.  Major legal changes would have to go through 
parliament and enacting legislation is a difficult process 
that takes a great deal of time.  Corruption is a problem, 
and there are credible allegations that work visas are 
illegally sold to brokers. Workers who enter the country via 
such schemes would be especially vulnerable to exploitation. 
 
--  27D:  The Government of Kuwait monitors its immigration 
patterns in general.  It also publishes statistics regularly 
on the enforcement of many different labor laws and 
regulations through the Office of Labor Affairs at the 
Ministry of Social Affairs and Labor (MOSAL). 
 
---------- 
PREVENTION 
---------- 
 
¶3.  (SBU) Please find below responses to questions in 
paragraph 28 of reftel: 
 
--  28A:  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 a systemic phenomenon, 
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 
 
KUWAIT 00000312  003 OF 007 
 
 
better work conditions than in their home countries.  The 
general view of relevant GOK officials is that a few 
publicized, extreme cases of worker abuse have maligned the 
entire labor system. 
 
--  28B:  There is a four-party interagency committee to deal 
with issues of foreign workers: The Ministry of Social 
Affairs and Labor (MOSAL), the Ministry of Interior, the 
Ministry of Municipality Affairs, and the Ministry of 
Commerce.  MOSAL has the lead. 
 
--  28C:  During the year, the Ministry of Awqaf and Islamic 
Affairs began serious work on its National Project for the 
Enlightenment of Domestic Workers, nicknamed "Barirah" after 
one of the Prophet Muhammad's wife's female servants.  The 
project carried out studies of domestic workers, domestic 
labor recruitment agencies, and domestic labor employers and 
held several town-hall-like meetings to gather information 
about the problems employers and workers face.  The results 
of these studies are being used for a campaign to improve 
employer-employee relations through brochures, media outreach 
and public meetings.  Although the project identified a 
number of areas in which domestic workers need more 
information, the organizers intend to focus on employers, 
since their mistreatment of workers is the primary cause of 
problems.  The project began its preparatory work in 2006 and 
is targeting 2007 to begin its public efforts.  It is a 
serious, well-thought-out program with a dedicated staff, 
some creative ideas, and a sufficient budget.  However, it is 
too early to tell how effective it will be. 
 
--  28D:  The country does not support other programs to 
prevent trafficking. 
 
--  28E:  There are few NGOs or other organizations that deal 
with trafficking-related issues, but those that exist work 
without Government interference.  The Government has in the 
past actively cooperated with the Kuwait Union of Domestic 
Labor Offices (KUDLO) to make progress for a shelter for 
domestic workers.  Internal KUDLO problems hindered progress 
on the shelter, however.  GOK officials have mentioned that 
they still see a role for KUDLO in such a shelter.  Embassies 
have become the de facto shelters for domestic laborers.  The 
Government of Kuwait does not create any difficulties for 
embassies that wish to provide services to domestic laborers, 
though the legal basis for embassies to provide shelter is 
not clear. 
 
--  28F:  The GOK monitors immigration and emigration 
statistics, though not specifically for trafficking.  MOSAL 
has imposed administrative punishments on companies that 
appear to be abusing their privilege to import workers.  The 
Ministry of Interior's (MOI) Domestic Workers Administration 
(DWA) has plans to use evidence of suspicious immigration and 
emigration patterns to clamp down on those who may be 
involved in trafficking, though Post expects this will 
achieve only limited results.  The GOK affirms that domestic 
workers entering Kuwait are picked up at the airport by the 
agency that recruited them.  This prevents workers from being 
scooped up by parties who might wish to profit from 
trafficking them. 
 
--  28G:  The GOK has a high-level, governmental working 
committee to look into issues facing expatriate laborers. 
The Ministry of Social Affairs and Labor heads the committee 
and is designated as the main point of contact.  Domestic 
workers are regulated by the Ministry of Interior.  MOSAL 
regulates all other foreign workers. 
 
--  28H:  The government does not have a national plan of 
action to address trafficking in persons. 
 
-------------------------------------------- 
INVESTIGATION AND PROSECUTION OF TRAFFICKERS 
-------------------------------------------- 
 
¶4.  (SBU) Please find below responses to questions in 
paragraph 29 of reftel: 
 
KUWAIT 00000312  004 OF 007 
 
 
 
--  29A:  Kuwait does not have a law specifically prohibiting 
trafficking.  A highly-placed GOK source told Post that the 
government had officially approved a GCC-wide anti-TIP model 
law at the December 2006 GCC summit, though Post has not been 
able to confirm this.  This model law would not be 
enforceable in Kuwait but would presumably serve as a model 
upon which Kuwait could base its own law.  Kuwait's approval 
of this model law could be a preliminary step towards a 
full-fledged anti-TIP law.  There are several laws 
specifically addressing trafficking in persons issues, 
providing a legal framework for effectively stopping TIP: 
 
 * 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' 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. 
 
--  29B:  Kuwait does not have a law specifically prohibiting 
trafficking. 
 
--  29C:  Please see 29A.  Practices such as withholding 
passports and late payment or nonpayment of salaries are 
illegal.  In practice the Government's basic approach to 
complaints regarding these practices is to try to rectify the 
wrong rather than to impose punishments.  When MOSAL or the 
MOI gets involved, it is usually to return the withheld 
passport or to compel the employer to pay the salary due to 
the worker.  MOSAL even requires companies to leave a deposit 
with the ministry in case workers bring justified complaints 
of non-payment.  MOSAL has used these funds occasionally for 
payment of salaries and has also put administrative blocks on 
companies: it assigns them "code 71," which means the 
companies have to shut down operations because of their 
violations of work and residence permit regulations.  Source 
country embassies report that workers who asked for their 
passports were sometimes threatened with the loss of their 
jobs.  No fines or jail terms have been meted out for 
withholding documents or not paying salaries.  The Ministry 
of Justice (MOJ) reports 12 cases where people were forced to 
pay criminal fines for recruiting workers and then not 
providing them work and that no one was imprisoned for such 
crimes.  The MOJ reports that 5 jail sentences and 15 fines 
were imposed on people who "facilitated the attainment by a 
foreigner of a residence permit in exchange for a sum of 
money." 
 
--  29D:  The maximum penalty for rape is death. 
 
--  29E:  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.  In 2005, 25 people were imprisoned and 148 were 
fined for facilitation of prostitution. 
 
--  29F:  Please see 29C.  Also note that 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.  Because of the difficulty of gathering 
quantitative data, Post is actively pursuing qualitative 
evidence of trafficking prosecutions and will relay any 
results found in a subsequent cable. 
 
 
KUWAIT 00000312  005 OF 007 
 
 
--  29G:  Trafficking in Kuwait is not organized on a large 
scale and there is no evidence of local or international 
criminal syndicate involvement.  There are many small 
agencies that hire out domestic workers, and they vary in the 
effectiveness with which they help their clients in case of 
problems.  Some are involved in scams to shuttle workers from 
employer to employer.  Though multiple and varied sources 
have reported such scams, Post cannot provide reliable 
numbers on the scope of this problem.  Well-established 
companies have a disincentive to engage in the process since 
it victimizes sponsors monetarily in addition to employees. 
Post therefore estimates that the practice is carried out by 
small-time operators and individuals and is not particularly 
widespread.  Domestic labor agencies are regulated by the 
Government.  MOSAL has closed down many domestic labor 
offices for violations (MOSAL, not MOI, has the authority to 
close them down because all businesses are licensed through 
MOSAL), though the head of the Domestic Workers 
Administration said that these violations were 
technicalities, and not TIP-related.  In contrast to what 
Post reported last year, the prime culprits in the visa- and 
residence-permit selling scams described above (e.g. item 
27B) are small companies and individuals.  Medium-sized and 
larger companies have too much to lose if they get caught 
engaging in visa scams and the GOK shuts them down with "code 
71" (see 29C).  Though the existence of "visa trading" is 
clearly a problem, the fact that larger companies have been 
deterred from it demonstrates that MOSAL enforcement efforts 
are meeting with some success.  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.  Such 
reports have been fewer this year than in the past. 
 
--  29H:  The Government has carried out numerous raids of 
"billiard halls," entertainment establishments that sometimes 
illegally employ women who have run away from bad labor 
situations and have few other options for legitimate work. 
There have been numerous closures of houses of prostitution 
and the arrest/deportation of alleged pimps.  Highly-placed 
officials in the MOI's Criminal Investigation Department 
(CID) report that they have used anonymous tipoffs and 
undercover techniques to make some of their brothel busts. 
 
--  29I:  The Government does not, as far as Post knows, 
provide any specific training on TIP. 
 
--  29J:  The Government does not, as far as Post knows, 
cooperate with other governments in prosecuting TIP cases. 
 
--  29K:  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.  Post does not know of any 
extraditions for TIP-related crimes. 
 
--  29L:  There is no evidence of Government involvement in 
or tolerance of trafficking, on a local or institutional 
level.  As mentioned above, Government officials often make 
it easy for citizens or foreigners to import workers in 
exchange for political loyalty or occasionally 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.  The Government involvement is 
therefore extremely indirect. 
 
--  29M:  A number of Government employees (some citizens and 
some foreigners) have been arrested for taking bribes in 
exchange for granting work and residence permits as well as 
for forgery of such permits.  Figures on the sentences 
received are not available.  The Government has begun 
improvements in its interagency communications and computer 
systems to make such crimes more difficult to execute. 
 
 
KUWAIT 00000312  006 OF 007 
 
 
--  29N:  N/A. 
 
--  29O: 
 * 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: April 4, 2006 (ratified) (Note: this is new since 
last year's report. 
 
------------------------------------- 
PROTECTION AND ASSISTANCE TO VICTIMS: 
------------------------------------- 
 
¶5.  (SBU) Please find below responses to questions in 
paragraph 30 of reftel: 
 
--  30A:  The Government does not operate a shelter.  Shelter 
and legal services are provided by the source-country 
embassies.  A Kuwaiti-run shelter is being discussed by the 
inter-agency committee on foreign workers affairs.  The 
Domestic Workers Administration intervenes to try to 
negotiate amicable solutions to the legal complaints (such as 
non-payment of wages) of domestic workers.  All foreign 
workers in Kuwait have access to very inexpensive health care. 
 
--  30B:  The Government does not fund any NGOs that provide 
services to trafficking victims.  It licensed KUDLO, which 
has provided legal services to a number of domestic workers 
facing legal problems or abuse.  The Government has also 
coordinated with KUDLO about its being involved in operating 
a domestic workers shelter.  Thus far no shelter has been 
established and the nature of KUDLO's involvement is still 
undetermined. 
 
--  30C:  There is no formal screening and referral process. 
 
--  30D:  The record on respect for victims' rights is mixed. 
 There are cases where police either do not take possible 
victims' complaints seriously or treat them as criminals. 
Some foreigners who may be trafficking victims are deported. 
In other cases, possible victims' complaints are taken 
seriously by the police.  Numerous observers, including 
victims' advocates, note that the courts generally treat 
victims fairly, though the slowness of the court system works 
against victims.  Source country embassies report that 
sponsors sometimes file absconding cases against domestic 
workers or absentee cases against non-domestic workers to try 
to counter the cases workers file.  According to Kuwaiti law, 
these absconding or absentee cases are invalid if the reason 
for the worker running away was a violation of his/her 
rights.  However, in practice, the sponsors are sometimes 
successful in filing their cases and having victims deported 
(deportation of victims for non-violent crime is the norm; 
prosecution and fines are rare). 
 
--  30E:  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 on moving between certain categories of 
employment, and most workers cannot switch employers during 
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.  In 
practice, pursuing court cases against sponsors is difficult 
because the courts are slow and because it is difficult for 
workers to stay in the country while pursuing a case against 
their former employer. 
 
--  30F:  The GOK does not provide any particular protection 
 
KUWAIT 00000312  007 OF 007 
 
 
for witnesses.  The de facto system of shelter in Kuwait is 
that source-country embassies provide legal and material 
assistance.  The Government of Kuwait does not interfere with 
the embassies' work. 
 
--  30G:  The Government does not provide any specialized 
training related to trafficking.  The Government has required 
its embassies in foreign countries to interview domestic 
laborers before coming to Kuwait to be sure that they have 
signed government-approved contracts that assure the workers' 
basic rights.  The embassies began carrying out these 
interviews, though the Kuwaiti embassy in Indonesia 
eventually stopped because of practical difficulties. 
 
--  30H:  N/A. 
 
--  30I:  No international organizations or NGOs work with 
trafficking victims directly.  The United Nations Development 
Program and the International Organization for Migration 
operate in Kuwait and follow trafficking issues closely. 
They frequently press the GOK to make improvements and work 
to influence public policy rather than helping individual 
victims.  They enjoy a good working relationship with the 
GOK, which provides the UNDP with operating funds. 
 
¶6.  (SBU)  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 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