US embassy cable - 04KUWAIT1105

UNCLAS KUWAIT 001105 
 
SIPDIS 
 
FOR G/TIP, NEA/REA, NEA/ARP, DRL 
 
E.O. 12958:N/A 
TAGS: PHUM, PGOV, PREL, KU 
SUBJECT:   TIP:  MINISTERIAL DECREE BANS UNDER-18 CAMEL 
RACERS 
 
1.  MFA has just faxed us a Decree by the Minister of Social 
Affairs and Labor, number 152 of 2004, dated March 24, 2004, 
effective the date of publication. 
 
2.  The Decree (in Arabic) flatly bans the employment of 
children under age 18 in camel racing.  Separately, it bans 
their employment in "economic or industrial activities 
hazardous to their health or safety" unless for purposes of 
technical training in accordance with the criteria set out 
in the labor law (number 38 of 1964).  The decree imposes 
additional conditions on "participants in camel races": 
physical fitness, minimum weight 45 kgs., written consent of 
parent or guardian, and insurance. 
 
3.  This Decree is the GOK's strongest legal prohibition yet 
on employment of minors in camel racing, outranking Decision 
number 248 of 2003 by the Public Authority for Youth and 
Sports, which it cites in the preamble.  It also eliminates 
an incoherency:  the permissible weight range for camel 
jockeys had been 25 - 45 kgs., which clearly envisioned the 
use of children. 
 
4.  The Decree appears to retain a major loophole:  the 
reference to parental consent implies that the only thing 
being banned is the "employment" of minors, not their 
"participation."  We will seek clarification from the GOK as 
to how it intends to ensure this loophole is not used to 
perpetuate the use of TCN children.  From our dialogue with 
MFA, we believe that intent is present.  MORAN