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PP RUEHDE RUEHDH RUEHDIR
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ZNR UUUUU ZZH
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FM AMEMBASSY KUWAIT
TO RUEHC/SECSTATE WASHDC PRIORITY 2853
INFO RUEHZM/GULF COOPERATION COUNCIL COLLECTIVE PRIORITY
RHEFHLC/HOMELAND SECURITY CENTER WASHINGTON DC PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
RUEATRS/DEPT OF TREASURY WASHDC PRIORITY
RUEHC/DEPT OF LABOR WASHDC PRIORITY
RHEHNSC/NSC WASHDC PRIORITY

UNCLAS SECTION 01 OF 12 KUWAIT 000157 
 
///// C O R R E C T E D  C O P Y -- REMOVED ADDRESSEE ///// 
 
SENSITIVE 
SIPDIS 
 
NEA/ARP, G/TIP, G, INL, DRL, PRM, G-ACBLANK 
 
E.O. 12958: N/A 
TAGS: KTIP KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB
KU 
SUBJECT: KUWAIT'S 2009 TIP REPORT SUBMISSION 
 
REF: 08 STATE 132759 
 
KUWAIT 00000157  001.2 OF 012 
 
 
¶1. (SBU) Executive Summary:  Physical abuse of domestic 
workers and withholding of payment remained the most common 
trafficking problems for Kuwait,s two million foreign 
workers.  Although the GOK made little real progress in 
combating these problems over the past year, there were some 
bright spots in the areas of public awareness and 
trafficking-policy transparency.  In September 2008, the GOK 
organized a &National Project for Domestic Awareness8 
Ramadan lecture circuit of 18 imams who made presentations on 
the rights of domestic workers according to Islam.  In 
February 2009, high-level GOK officials participated in a 
first-of-its-kind, week-long workshop in which they discussed 
and debated trafficking issues with NGO workers and embassy 
officials from labor-sending countries. End summary. 
 
¶2. (SBU) Embassy Kuwait's submission for the 2009 Trafficking 
in Persons (TIP) report follows.  Responses are keyed to 
paragraphs 23 to 27 of reftel. 
 
--------- 
THE COUNTRY'S TIP SITUATION 
--------- 
 
¶3. (SBU) Please find below responses to questions in 
paragraph 23 of reftel: 
 
23A Question:  What is (are) the source(s) of available 
information on trafficking in persons? What plans are in 
place (if any) to undertake further documentation of human 
trafficking? How reliable are these sources? 
 
23A Answer:  There are no GOK sources of available 
information on trafficking in persons and there are no plans 
to undertake further documentation of human trafficking. 
NGOs, the local press, and labor attaches from labor-sending 
countries are the most reliable non-official sources. 
 
The Government of Kuwait (GOK) keeps reliable records on the 
number of foreign workers (the primary victims of trafficking 
in Kuwait) in the country, as do source countries, to a 
lesser degree of reliability.  Post has requested these 
numbers repeatedly during numerous meetings with GOK 
interlocutors at the relevant ministries as well as 
submitting a request through the Ministry of Foreign Affairs 
(MFA) but, to date, has not received any statistical data. 
 
The Ministry of Social Affairs and Labor (MOSAL) informed 
post that 279 domestic workers--which is the group most 
vulnerable to trafficking and abuse--entered and left the 
Temporary Domestic Worker,s Shelter in its first full year 
of operation (September 2007 to September 2008).  The shelter 
has a maximum capacity of 40 occupants. 
 
23B Question:   Is the country a country of origin, transit, 
and/or destination for internationally trafficked men, women, 
or children? Does trafficking occur within the country's 
borders? If so, does internal trafficking occur in territory 
outside of the government's control (e.g. in a civil war 
situation)? To where are people trafficked? For what purposes 
are they trafficked? Provide, where possible, numbers or 
estimates for each group of trafficking victims. Have there 
been any changes in the TIP situation since the last TIP 
Report (e.g. changes in destinations)? 
 
23B Answer:   Kuwait is a destination country for 
internationally trafficked men and women.  Trafficking does 
occur within the country,s borders; however, there is no 
trafficking in areas outside of GOK control.  Women who work 
as domestic workers are most vulnerable to trafficking. 
According to NGO reports, the local press, and 
sending-country labor attaches, hundreds of Kuwait's 544,000 
domestic workers are being subjected to abuse and other forms 
of trafficking.  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.  Neither the GOK nor any of the source-country 
embassies distinguishes between simple labor violations and 
those of trafficking, making it unclear as to the real number 
of trafficking victims. 
 
 
KUWAIT 00000157  002.2 OF 012 
 
 
Trafficking in persons remains a problematic issue in Kuwait. 
 Source country embassies and NGOs do not report any major 
changes in governmental efforts to combat trafficking as 
compared to the previous year. 
 
In the past year, the GOK took some steps to increase 
knowledge and awareness of trafficking-related issues. 
Although some progress was made, the government did not 
fulfill the four commitments that were made in 2007 in order 
to demonstrate ''significant effort.''  The four commitments 
and the status of progress are as follows: 
 
i.  Increase the number of investigations and prosecutions of 
trafficking-related crimes.  Make available statistics on 
trafficking-related prosecutions, convictions and sentences 
achieved during the assessment period.  Status of progress: 
Post has received no statistics on trafficking-related 
prosecutions, convictions and sentences achieved during the 
assessment period, despite explicit requests.  Post must rely 
on press reports to track trafficking-related investigations. 
 Information on prosecutions and convictions are not made 
available to the public. 
 
ii. Enact already drafted anti-trafficking legislation that 
prohibits severe forms of trafficking, including trafficking 
for the purpose of involuntary servitude and commercial 
sexual exploitation.  Status of progress:  The 
anti-trafficking legislation was ratified by the Council of 
Ministers in July 2008, but to date has not been presented to 
Parliament for discussion. 
 
iii. Conduct a training program to educate and sensitize law 
enforcement officers, judges, prosecutors and other 
government officials on the effective handling of trafficking 
cases.  On February 22, the Ministry of Interior (MOI) 
Undersecretary approved anti-TIP training for fifteen MOI 
officers.  The International Organization for Migration (IOM) 
will hold the two-week training in May 2009. 
 
iv. Establish a permanent shelter for trafficking victims to 
replace the low-capacity temporary shelter currently in use. 
Status of progress:  In August 2008, a site for the permanent 
shelter was identified, a former elementary school building. 
The Ministry of Social Affairs and Labor (MOSAL), the lead 
governmental agency for the shelter, is waiting for official 
handover of the site from the Ministry of Education.  Once 
the site is officially turned over to MOSAL, renovation of 
the building can begin.  MOSAL has already allocated 
approximately USD 2.5 million for the renovation. 
 
23C Question:   What kind of conditions are the victims 
trafficked into? 
 
23C Answer:   In Kuwait, most trafficking victims are 
recruited as domestic or menial labor, not for the commercial 
sex trade.  Victims are usually brought into the country with 
promises of salaries and jobs that do not materialize once 
they arrive.  The most common problems are non-payment of 
salaries, work hours in gross excess of contract 
stipulations, and withholding of passports.  Some domestic 
workers face additional problems of restriction of movement, 
unsuitable living conditions and physical and sexual abuse. 
 
Another problem is &visa trading8 or &residence permit 
trading8 in which sponsors (all foreign workers in Kuwait 
must have a Kuwaiti sponsor) profit by charging workers for 
sponsorship.  In many cases, workers pay very high fees to 
recruiters (sometimes in Kuwait but often in source 
countries) for a right to procure a job in Kuwait.  Some of 
these workers arrive in the country to find out that the jobs 
they were promised do not exist while others are aware that 
no job exists but come in the hopes of obtaining one upon 
arrival. 
 
There are also reports of people promising runaway domestic 
workers well-paid service industry jobs and non-domestic work 
visas, then coercing the workers into prostitution.  (NOTE: 
Domestic workers receive Article 20 visas.  These visas are 
restrictive and fall under the jurisdiction of the MOI.  All 
other foreign private sector workers are given Article 18 
visas which fall under the jurisdiction of MOSAL.  END NOTE) 
The GOK asserts that cases of actual coercion are rare, and 
 
KUWAIT 00000157  003.2 OF 012 
 
 
that most of the women apprehended for prostitution made 
conscious choices to work as prostitutes.  The number of 
cases that involve coercion is unknown. 
 
23D Question:  Are certain groups of persons more at risk of 
being trafficked (e.g. women and children, boys versus girls, 
certain ethnic groups, refugees, IDPs, etc.)? 
 
23D Answer:  Adult female domestic workers make up the group 
most at risk of being trafficked.  Men and women working in 
low-skilled sectors such as janitorial services are also 
victims of various forms of exploitation.  There does not 
seem to be a specific bias against any one nationality or 
ethnicity; however, poorly educated expatriate nationals tend 
to be the most vulnerable. 
 
23E Question:  Who are the traffickers/exploiters? Are they 
independent business people? Small or family-based crime 
groups? Large international organized crime syndicates? What 
methods are used to approach victims? For example, are they 
offered lucrative jobs, sold by their families, or approached 
by friends of friends? What methods are used to move the 
victims (e.g., are false documents being used?). Are 
employment, travel, and tourism agencies or marriage brokers 
involved with or fronting for traffickers or crime groups to 
traffic individuals? 
 
23E Answer: Labor recruitment offices in both Kuwait and 
source countries and local businessmen are the most common 
traffickers.  Employment/recruitment agencies are involved in 
trafficking.  (NOTE: For further information please refer to 
answer 23C.  END NOTE)  To restrict traffickers, on February 
9, 2009, the MOI issued new guidelines requiring sponsors to 
show proof of owning a house before obtaining a visa for a 
domestic servant. 
 
 
--------- 
SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS 
--------- 
 
¶4. (SBU) Please find below responses to questions in 
paragraph 24 of reftel: 
 
24A Question:  Does the government acknowledge that 
trafficking is a problem in the country? If not, why not? 
 
24A Answer:  The GOK recognizes that labor exploitation 
occurs, but enforcement officials are overwhelmed by the 
foreign workers' huge numbers (there are over two million 
foreign workers in Kuwait and only one million Kuwaiti 
citizens).  The GOK defines trafficking more narrowly that 
the USG; it considers trafficking to be a systematic 
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 
better work conditions than may be available in their home 
countries.  The general view held by GOK officials is that a 
few publicized extreme cases of worker abuse have unfairly 
maligned the entire system. 
 
24B Question:  Which government agencies are involved in 
anti- trafficking efforts and which agency, if any, has the 
lead? 
 
24B Answer:  The Ministries of Social Affairs and Labor, 
Awqaf (Religious Endowments) & Islamic Affairs, Interior and 
Justice are all involved in anti-trafficking efforts.  The 
MOI monitors the concerns related to domestic workers and 
MOSAL is the relevant ministry for all other foreign workers. 
 It is unclear which ministry has the lead on TIP and 
coordination among the various ministries is episodic and 
inconsistent. 
 
24C Question:  What are the limitations on the government's 
ability to address this problem in practice? For example, is 
funding for police or other institutions inadequate? Is 
overall corruption a problem? Does the government lack the 
 
KUWAIT 00000157  004.2 OF 012 
 
 
resources to aid victims? 
 
24C Answer:  The GOK does not lack the financial resources to 
combat TIP or to aid its victims.  To date, the GOK has shown 
an inability to effectively define trafficking and little 
political will to address TIP as a problem.  Instead, since 
most trafficking abuses involve domestic workers in private 
homes, the GOK has been reluctant to investigate and 
prosecute Kuwaiti citizens. 
 
Kuwaiti officials argue that the expatriate labor community's 
size (approximately 67 percent of the population), diversity 
(over 100 nationalities) and low education profile make 
combating TIP difficult. 
 
The GOK faces considerable obstacles in implementing its 
various commitments to combat trafficking.  Legislative 
efforts to properly define and criminalize trafficking were 
hindered by a parliamentary dissolution and cabinet 
reshuffles.  There have been four reshuffles in the past 
three years, as well as incessant wrangling between 
government and parliament that often stymied the legislative 
process altogether. 
 
24D Question:   To what extent does the government 
systematically monitor its anti-trafficking efforts (on all 
fronts -- prosecution, victim protection, and prevention) and 
periodically make available, publicly or privately and 
directly or through regional/international organizations, its 
assessments of these anti-trafficking efforts? 
 
24D Answer:   The GOK does not systematically monitor its 
anti-trafficking efforts and instead tends to investigate 
abuse claims under existing criminal and civil codes. 
However, Kuwaiti suspects under investigation tend to receive 
less scrutiny from GOK authorities than do third country 
nationals. 
 
 
--------- 
INVESTIGATION AND PROSECUTION OF TRAFFICKERS 
--------- 
 
¶5. (SBU) Please find below responses to questions in 
paragraph 25 of reftel: 
 
25A Question: Does the country have a law or laws 
specifically prohibiting trafficking in persons -- both for 
sexual exploitation and labor? If so, please specifically 
cite the name of the law(s) and its date of enactment and 
provide the exact language (actual copies preferable) of the 
TIP provisions. Please provide a full inventory of 
trafficking laws, including non-criminal statutes that allow 
for civil penalties against alleged trafficking crimes (e.g., 
civil forfeiture laws and laws against illegal debt). Does 
the law(s) cover both internal and transnational forms of 
trafficking? If not, under what other laws can traffickers be 
prosecuted? For example, are there laws against slavery or 
the exploitation of prostitution by means of force, fraud, or 
coercion? Are these other laws being used in trafficking 
cases? 
 
25A Answer:  The GOK does not have a law specifically 
prohibiting trafficking in persons.  The GOK has draft 
legislation that has been approved by the Council of 
Ministers but has not been presented to the Parliament for 
consideration. 
 
There are several laws that address TIP-related crimes 
including: 
 
--  Kuwait criminal law criminalizes kidnapping, detention 
and slave trading with penalties as severe as life 
imprisonment. 
 
--  Article 31 of Kuwait,s constitution protects against 
restriction of movement, torture, or °rading8 treatment. 
 
--  Law 16/1960 criminalizes forced labor or exploitation as 
well as maltreatment of all kinds of individuals.  If the 
maltreatment amounts to torture and leads to death, it is 
considered first degree murder.  In addition, sex crimes can 
 
KUWAIT 00000157  005.2 OF 012 
 
 
lead to execution and incitement of (sexual) immorality can 
result in up to seven years, imprisonment. 
 
--  MOSAL decree 152/2004 forbids underage employment in 
dangerous industries. 
 
--  Ministerial decree 152/2004 forbids the use of camel 
jockeys younger than 18 years. 
 
--  Ministerial decree 152/2007 forbids sponsors/employers 
from withholding passports. 
 
25B Question: What are the prescribed and imposed penalties 
for trafficking people for sexual exploitation? 
 
25B Answer:  Since there is no anti-trafficking legislation, 
there are no prescribed penalties for any trafficking crimes. 
 
25C Question:  What are the prescribed and imposed penalties 
for trafficking for labor exploitation, such as forced or 
bonded labor? If your country is a source country for labor 
migrants, do the government's laws provide for criminal 
punishment --  i.e. jail time -- for labor recruiters who 
engage in recruitment of workers using knowingly fraudulent 
or deceptive offers with the purpose of subjecting workers 
to trafficking in the destination country? If your country is 
a destination for labor migrants, are there laws punishing 
employers or labor agents who confiscate workers' passports 
or travel documents for the purpose of trafficking, switch 
contracts without the worker's consent as a means to keep the 
worker in a state of service, or withhold payment of salaries 
as means of keeping the worker in a state of service? 
 
25C Answer:  Law 16/1960 criminalizes forced labor and 
exploitation, and penalties range from up to seven years, 
imprisonment (for incitement of sexual immorality) to death 
in cases of sexual crimes and murder. 
 
Kuwait is not a source country for labor migrants. 
 
A Ministerial Decree was issued in July 2007 (152/2007) 
forbidding the withholding of workers, passports.  To date, 
this law has not been enforced.  Source country embassies 
report that over 90 percent of the domestic workers that come 
to the embassies for assistance do not have their passports 
with them. 
 
Kuwaiti law criminalizes the withholding of salaries. 
Article 32 of the Kuwaiti Private Sector Law prohibits 
withholding a worker,s salary or a portion of it, unless the 
employer is in debt, in which case up to 25% of the worker,s 
salary can be deducted. However, this law is not enforced, a 
fact cited by several thousand foreign laborers, who 
demonstrated violently in July 2008. 
 
25D Question: What are the prescribed penalties for rape or 
forcible sexual assault? (NOTE: This is necessary to evaluate 
a foreign government's compliance with TVPA Minimum Standard 
2, which reads: "For the knowing commission of any act of sex 
trafficking . . . the government of the country should 
prescribe punishment commensurate with that for grave crimes, 
such as forcible sexual assault (rape)." END NOTE) 
 
25D Answer:  The maximum penalty for rape is death. 
 
25E Question: Did the government prosecute any cases 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 traffickers 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). If in a 
labor source country, did the government criminally prosecute 
labor recruiters who recruit workers using knowingly 
fraudulent or deceptive offers or by imposing fees or 
commissions for the purpose of subjecting the worker to debt 
bondage? Did the government in a labor destination country 
 
KUWAIT 00000157  006.2 OF 012 
 
 
criminally prosecute employers or labor agents who confiscate 
workers' passports/travel documents for the purpose of 
trafficking, switch contracts or terms of employment without 
the worker's consent to keep workers in a state of service, 
use physical or sexual abuse or the threat of such abuse to 
keep workers in a state of service, or withhold payment of 
salaries as a means to keep workers in a state of service? 
What were the actual punishments imposed on persons convicted 
of these offenses? Are the traffickers serving the time 
sentenced? If not, why not? 
 
25E Answer: Post is not aware of any cases prosecuted by the 
GOK against human trafficking offenders.  Post is unaware of 
and believes there were no prosecutions against employers or 
labor agents who confiscated workers, passports/travel 
documents or used physical/sexual abuse or the threat of such 
abuse or withhold payment of salaries. 
 
According to press reports, actions taken during the year 
include: 
 
a) MOSAL referred five MOSAL officials to the General 
Attorney for forging documents and involvement in 
trafficking-related cases. 
 
b) Immigration officials arrested two Arabian Gulf nationals: 
one for owning 31 fake companies with 100 registered workers, 
and the other for owning 15 fake companies with 70 registered 
workers.  The owners reportedly charged workers approximately 
USD 3700 for sponsorships/residencies and then an additional 
USD 1500 if the workers found legitimate jobs and wanted 
their sponsorships transferred to their new employers.  The 
cases were reportedly transferred to the General Attorney. 
 
c) Immigration officials arrested three individuals accused 
of holding approximately 20 female workers and forcing them 
to work in brothels.  The women claimed that they were 
kidnapped or sold to the individuals. 
 
d) Immigration officials arrested a Kuwaiti for owning 17 
fake companies with 470 workers registered. 
 
e) Raids were conducted on suspected fake companies resulting 
in the discovery of 25 fake companies with 320 registered 
workers.  The cases were referred to the Investigation 
Department for further investigation. 
 
25F Question:  Does the government provide any specialized 
training for government officials in how to recognize, 
investigate, and prosecute instances of trafficking? Specify 
whether NGOs, international organizations, and/or the USG 
provide specialized training for host government officials. 
 
25F 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.  However, GOK officials participated in 
trafficking-related training abroad which included shelter 
management training conducted by the IOM held in Bahrain and 
a regional experts meeting on assistance to victims of 
trafficking held in Egypt. 
 
The IOM has submitted three proposals to conduct specialized 
trafficking-related training for GOK officials, which remain 
pending: 
 
--  Counter-Trafficking and Sensitivity Training for police 
officers at the Saad Al-Abdalla Police Academy (Agency: 
Ministry of Interior, Duration: two weeks, Cost: USD 50,000) 
 
--  Strengthening the Capacity of the GOK to Provide Direct 
Assistance to Victims of Trafficking (Agency: MOSAL, 
Duration: four months, Cost: USD 90,000) 
 
--  Capacity Building and Awareness Raising of 
Counter-Trafficking in Kuwait (Agency: MOSAL, Duration: 24 
months, Cost: USD two million) 
 
25G 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 
 
KUWAIT 00000157  007.2 OF 012 
 
 
during the reporting period. 
 
25G Answer:  The GOK does not cooperate with other 
governments in the investigation and prosecution of 
trafficking cases. 
 
25H 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. 
 
25H 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. 
 
25I Question:  Is there evidence of government involvement in 
or tolerance of trafficking, on a local or institutional 
level? If so, please explain in detail. 
 
25I Answer:  There is no evidence of GOK involvement in or 
tolerance of trafficking on a local or institutional level. 
However, some government officials reportedly make it easy 
for citizens or foreigners to import workers 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. 
 
25J Question: If government officials are involved in 
trafficking, what steps has the government taken to end such 
participation? Please indicate the number of government 
officials investigated and prosecuted for involvement in 
trafficking or trafficking-related corruption 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. 
 
25K Question:  Is prostitution legalized or decriminalized? 
Specifically, are the activities of the prostitute 
criminalized? Are the activities of the brothel 
owner/operator, clients, pimps, and enforcers criminalized? 
Are these laws enforced? If prostitution is legal and 
regulated, what is the legal minimum age for this activity? 
Note that in countries with federalist systems, prostitution 
laws may be under state or local jurisdiction and may differ 
among jurisdictions. 
 
25K Answer:  Prostitution is illegal, as are the activities 
of brothel owners/operators, clients, pimps and enforcers. 
Penalties include prison sentences for up to seven years 
depending on the level of involvement and the age of the sex 
workers.  In 2008, police conducted raids on brothels and 
arrested prostitutes, pimps and clients.  Despite numerous 
requests for data, none was received and post is unaware of 
successful prosecutions filed against these individuals. 
 
25L 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. 
 
25L Answer:  Kuwait does not contribute troops to 
international peacekeeping efforts. 
 
25M 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? How many foreign 
 
KUWAIT 00000157  008.2 OF 012 
 
 
pedophiles did the government prosecute or deport/extradite 
to their country of origin? If your host country's nationals 
are perpetrators of child sex tourism, do the country's child 
sexual abuse laws have extraterritorial coverage (similar to 
the U.S. PROTECT Act) to allow the prosecution of suspected 
sex tourists for crimes committed abroad? If so, how many of 
the country's nationals were prosecuted and/or convicted 
during the reporting period under the extraterritorial 
provision(s) for traveling to other countries to engage in 
child sex tourism? 
 
25M Answer:  Kuwait does not have an identified problem of 
child sex tourists coming to the country. 
 
 
--------- 
PROTECTION AND ASSISTANCE TO VICTIMS 
--------- 
 
¶6. (SBU) Please find below responses to questions in 
paragraph 26 of reftel: 
 
26A 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? 
 
26A Answer:  The GOK does not provide any particular 
protection for witnesses. 
 
26B 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. 
 
26B 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 &simple8 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, 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. 
 
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. 
 
 
KUWAIT 00000157  009.2 OF 012 
 
 
26C 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. 
 
26C Answer:  The GOK does not provide trafficking victims 
access to legal, medical and psychological services. 
 
The GOK does not provide funding or other forms of support to 
domestic NGOs or international organizations to provide 
services to trafficking victims. 
 
26D 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. 
 
26D Answer:  The GOK does not assist victims by providing any 
type of residency status or relief from deportation. 
 
26E Question:  Does the government provide longer-term 
shelter or housing benefits to victims or other resources to 
aid the victims in rebuilding their lives? 
 
26E Answer:  The GOK does not provide such resources to aid 
the victims in rebuilding their lives. 
 
26F 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)? 
 
26F 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. 
 
26G Question:  What is the total number of trafficking 
victims identified during the reporting period? 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 
percent of Kuwait's 544,000 domestic servants have problems 
with withholding of payment or physical abuse. 
 
26H 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? 
 
26H 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. 
 
26I 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? 
 
26I Answer:  At the law enforcement level, victims, rights 
are usually not respected.  According to source country 
 
KUWAIT 00000157  010.2 OF 012 
 
 
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. 
 
26J 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? 
 
26J 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. 
Post has no statistics on the number of victims who assisted 
in investigations or prosecutions.  Post also does not have, 
despite numerous requests to the GOK, the number of 
prosecutions for trafficking-related crimes. 
 
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. 
 
26K 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). 
 
26K 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 
 
KUWAIT 00000157  011.2 OF 012 
 
 
unaware of the number of victims, if any, that were assisted 
by Kuwaiti embassies and consulates abroad. 
 
26L Question:  Does the government provide assistance, such 
as medical aid, shelter, or financial help, to its nationals 
who are repatriated as victims of trafficking? 
 
26L 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. 
 
26M 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? 
 
26M 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 Kuwait8 
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 
--------- 
 
¶7. (SBU) Please find below responses to questions in 
paragraph 27 of reftel: 
 
27A 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.) 
 
27A Answer:  During the holy month of Ramadan (September 
2008), the Ministry of Awqaf and Islamic Affairs organized a 
series of lectures given by 18 imams in 18 different mosques 
spanning all governorates which was entitled &National 
Project for Domestic Awareness.8  During the lectures, the 
imams discussed the rights of domestic workers according to 
Islam. 
 
27B Question:  Does the government monitor immigration and 
emigration patterns for evidence of trafficking? 
 
27B Answer:  The GOK does not monitor immigration and 
emigration patterns for evidence of trafficking. 
 
27C 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? 
 
27C 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 their committee, there does not appear to be any 
other regular coordination mechanism involving the various 
agencies involved with TIP at the working level. 
 
27D 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 
 
KUWAIT 00000157  012.2 OF 012 
 
 
involved in developing it? Were NGOs consulted in the 
process? What steps has the government taken to implement the 
action plan? 
 
27D Answer:  The GOK does not have a national plan of action 
to address TIP. 
 
27E 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) 
 
27E Answer:  The GOK has taken no measures to reduce the 
demand for commercial sex acts. 
 
27F Question:  Required of all Posts: What measures has the 
government taken during the reporting period to reduce the 
participation in international child sex tourism by nationals 
of the country? 
 
27F Answer:  The GOK has taken no measures to reduce its 
nationals, participation in international child sex tourism. 
 
 
-------------- 
TIP POC KUWAIT 
-------------- 
 
¶8. (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 30 
hours, including meetings, research and drafting. 
Telephone: 965 2259-1690 
Fax: 965 2259-1051 
 
Time spent by Dew Tiantawach, FS-03, on the preparation of 
the cable: approximately 40 hours, including meetings, 
research and drafting. 
Telephone: 965 2259-1590 
Fax: 965 2259-1051 
 
********************************************* ********* 
For more reporting from Embassy Kuwait, visit: 
visit Kuwait's Classified Website at: 
 
http://www.intelink.sgov.gov/wiki/Portal:Kuwa it 
********************************************* ********* 
 
JONES