VZCZCXYZ0000
PP RUEHWEB

DE RUEHKU #0127/01 0421024
ZNR UUUUU ZZH
P 111024Z FEB 10
FM AMEMBASSY KUWAIT
TO RUEHC/SECSTATE WASHDC PRIORITY 4596
INFO RUEHZM/GULF COOPERATION COUNCIL COLLECTIVE PRIORITY
RHEHNSC/NSC WASHDC PRIORITY

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