US embassy cable - 04KUWAIT3033

S E C R E T SECTION 01 OF 04 KUWAIT 003033 
 
SIPDIS 
 
STATE FOR NEA/ARP, NEA/NGA SA/INS, DRL/PHD, DRL/ILA, G/TIP 
STATE FOR CA/OCS/ACS/NESA, M/P FOR JAY ANANIA 
MANILA FOR PAUL O'FRIEL 
NEW DELHI FOR LAUREN HOLT 
 
E.O. 12958: DECL: 09/08/2014 
TAGS: ELAB, MOPS, PREL, PHUM, ETRD, EAID, KU, IZ 
SUBJECT: IRAQ TRAVEL BAN: NEPAL ENFORCES BAN ON ITS 
NATIONALS, US MILITARY PROVIDES WELFARE ASSURANCES 
 
REF: A. KUWAIT 2496 
     B. KUWAIT 2569 (NOTAL) 
     C. KUWAIT 1835 
     D. KUWAIT 1683 
 
Classified By: Charge d'Affaires Matthew H. Tueller, Reasons 
1.4(a) and (b) 
 
1.  (C) SUMMARY.   Following the murder of 12 Nepali workers 
in Iraq, Nepal is enforcing a travel ban to prevent its 
nationals from entering Iraq.  US military officials and 
emboffs briefed Nepalese Charge Lok Bahadur Thapa on security 
and welfare provisions for Nepalis traveling in US military 
convoys, seeking an exception to the ban.  However, Thapa was 
clear that it was non-negotiable in the short-term, with the 
Government of Nepal feeling "very vulnerable" in the wake of 
the anti-Muslim unrest that has unfolded in Nepal.  Thapa 
intimated that the loss of hundreds of Nepali jobs in Iraq 
was a small price to pay to bolster stability in Nepal.  The 
Nepalese ban has hit US military heavy lift contractors IAP 
and Al Hamada particularly hard:  twenty percent of IAP's 250 
drivers and seventy-five percent of Al Hamada's 450 drivers 
are Nepali.  Post has disseminated a letter to concerned 
embassies that outlines new US military contract provisions 
for ensuring TCN workers' welfare, to help persuade these 
governments to allow their nationals traveling in US military 
convoys to enter Iraq.  END SUMMARY. 
 
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(U) NEPAL ENFORCES IRAQ TRAVEL BAN 
---------------------------------- 
 
2.  (SBU) Following the murder of twelve Nepali workers in 
Iraq, the Government of Nepal has begun enforcing a 
pre-existing travel ban prohibiting Nepalis from entering 
Iraq.  Nepal's Charge d'Affaires Lok Bahadur Thapa, resident 
in Saudi Arabia but accredited to Kuwait, met on September 6 
with emboffs and Coalition Forces Land Component Command 
(CFLCC) representatives to discuss the ban.  The CFLCC 
delegation, led by Brigadier General William Johnson, gave 
Thapa a briefing on convoy security measures that the US 
military has put into place, (NOTE.  This was similar to the 
Ref A briefing CFLCC delivered on August 5 to representatives 
from the Indian and Philippines' embassies.  END NOTE.)  BG 
Johnson stressed that since convoy security measures were 
upgraded in April, no foreign national worker has been 
kidnapped or killed while traveling in a US military-escorted 
convoy.  He also described the steps CFLCC has taken to 
ensure the welfare of foreign nationals working for US 
military contractors (Ref B).  In light of these provisions, 
BG Johnson urged Thapa to except Nepalis entering Iraq in US 
military convoys from the travel ban. 
 
3.  (C) While he promised to convey these points to 
Kathmandu, Thapa was quite clear that the ban was 
non-negotiable, at least in the short-term.  Thapa said that 
following the killings, the Government of Nepal (GON) was 
heavily criticized at home for not enforcing its Iraq travel 
ban.  According to Thapa, the GON assumed that Nepalis would 
not be targeted in Iraq because Nepal had no direct 
involvement in the war; however, he said, the GON now 
believes that Nepalis have been lumped in with "Americans, 
Christians and Jews" in the insurgents' minds.  Consequently, 
the GON has instructed all Nepalese embassies in the Middle 
East to approach friendly host governments and request that 
they assist in preventing Nepalis from entering Iraq.  Thapa 
said that the GON is feeling "very vulnerable", and its 
primary objective is to quell the anti-Muslim protests and 
vandalism that have rocked Nepal this past week, and which 
threaten domestic security and the safety of Nepalis working 
in Muslim countries (who, Thapa said, might be targeted for 
reprisal acts of violence).  Thapa intimated that the loss of 
hundreds of Nepali jobs in Iraq was a small price to pay to 
bolster stability in Nepal. 
4.  (S) With the imposition of the Nepalese ban, US military 
contractors who rely on third-country national (TCN) drivers 
to ferry supplies and equipment for OIF and Iraq 
reconstruction activities are scrambling.  Heavy lift 
contractors IAP and Al Hamada, who deploy and redeploy 
equipment and provide general supplies to MNF-I, have been 
particularly hard hit by this latest ban:  twenty percent of 
IAP's 250 drivers and seventy-five percent of Al Hamada's 450 
drivers are Nepali.   CFLCC contracting officers have 
instructed them to replace their Nepali employees at once; 
they estimate that it may take as long as one month before 
contractors are at full strength.  Meanwhile, the pool of 
countries permitting their nationals to work in Iraq is 
ever-dwindling.  The Governments of India, the Philippines, 
Kenya, Sri Lanka and Thailand are actively enforcing Iraq 
travel bans; according to the contractors, Bangladesh and 
Pakistan are considering bans. 
 
--------------------------------------------- ------ 
(U) US MILITARY PROVISIONS FOR TCN WORKERS' WELFARE 
--------------------------------------------- ------ 
 
5.  (SBU) In an effort to persuade countries with bans in 
place to allow an exception for their nationals traveling in 
US military convoys, post has disseminated a CFLCC letter 
outlining new US military contract provisions that improve 
TCN workers' welfare (text in para 6).  These changes were 
undertaken to rectify shortcomings that the Embassy of India 
said compelled the Indian Government to impose its first Iraq 
travel ban in May (Refs C and D).  Post has also forwarded 
this letter to embassies that might be considering a travel 
ban (Bangladesh and Pakistan) and to those embassies whose 
nationals factor heavily into US military contractors' 
operations (Egypt and Turkey).  In a cover letter stressing 
that no TCN in a military convoy has been kidnapped or killed 
for five months, post asks that the countries permit their 
citizens who are traveling under US military escort to enter 
Iraq. 
 
6.  (SBU)  BEGIN TEXT OF LETTER 
 
Office of the Deputy Commanding General 
Department of the Army, Coalition Land Forces Component 
Command 
 
August 30, 2004 
 
Matthew H. Tueller 
Charge d'Affaires 
Embassy of the United States of America 
Kuwait, State of Kuwait 
 
Dear Mr. Tueller 
 
As you know, our staff has worked diligently to address each 
of the concerns raised by the Indian Government during the 28 
May 2004 meeting at the Indian Embassy (see enclosure). 
Subsequent coordination with our contractors achieved a 
mutual understanding as to both their responsibilities and 
our with respect to Indian and all foreign national drivers 
that must travel from Kuwait to Iraq under a U.S. Government 
contract. 
 
Consequently, we have taken the following actions to address 
those issues and concerns: 
 
a.  Incorporated Private Sector Labor Laws of the State of 
Kuwait into contract, and extend applicability to cover 
employees while in Iraq. 
 
b.  In accordance with those laws, required contractors to 
incorporate use of employment contracts with every  employee. 
 
c.  Required contractors maintain and update a list of driver 
employees to include name, nationality, passport number, 
civil ID number, and name of sponsor; to be provided to the 
respective embassy of each nationality employed. 
 
d.  Included same information (as noted paragraph c. above) 
along with contract number and telephone numbers to 
contractor and contracting officer on a company 
identification badge for each employee. 
 
e.  Required that contractors incorporate life insurance for 
workers in Iraq in the amount of 10,000 KWD minimum,  payable 
to an individual designated by employee. 
 
f.  Required that contractors pay a minimum monthly wage in 
the amount of 140 KWD, and make electronic funds transfer of 
wages available to each employee. 
 
g.  Required minimum incentive pay in the amount of 5 percent 
of monthly wage for any month that includes a mission in Iraq. 
 
h.  Required contractors to provide information on employees 
that are killed in action (KIA), wounded in action (WIA), or 
missing in action (MIA) to the Contracting Officer, the 
respective embassy and the next of kin. 
 
i.  Ensured that contractors developed some package of 
compensation for workers already killed or injured in Iraq. 
 
j.  Ensured that contractors adhere to basic standards of 
billeting and hygiene in worker housing. 
 
Please convey to the Indian Ambassador our pledge to continue 
to address his concerns, which are also our concerns. 
Furthermore, we will continue to work with all parties 
involved to ensure that all countries' foreign national 
employees working for our contractors are provided with no 
less than the agreed upon benefits and rights. 
 
Sincerely, 
Gary D. Speer 
Major General, US Army, 
Deputy Commanding General, Operations 
 
ENCLOSURE: 
 
MEMORANDUM FOR THE RECORD 
SUBJECT:  CFLCC Meeting with Indian Embassy Officials 
 
1.  On 28 May 2004, MG Stephen Speakes (CFLCC DCGO), COL 
Leonard Dodd (OMCK), COL Martin Stanton (CFLCC-C9), COL Carol 
Claire (CFLCC-C4) and Dr. Catherine Sweet (AMEMB Econ 
Officer) met with officials at the Indian Embassy in Kuwait 
City and discussed the following issues: 
 
a.  That workers were being hired in India under the false 
pretenses of working only in Kuwait and that those 
individuals had to pay up to $1500 USD in order to obtain 
jobs.  Once in Kuwait the newly hired workers would be told 
that they would be driving in Iraq and were not returned 
their $1500 USD if they declined this work and returned to 
India. 
 
b.  That Indian citizens employed by contractors working for 
the Coalition Forces were being forced to drive into Iraq 
against their will. 
 
c.  That Indian nationals working in Iraq were not covered 
under life insurance as foreign workers who work in Kuwait 
are covered under Kuwaiti labor laws. 
 
d.  That a number of Indian nationals have already been 
killed or injured in Iraq and there has been no compensation 
to their families. 
 
e.  That Indian nationals are not offered incentive pay for 
operating in a dangerous environment.  Also, that employees 
should be offered the opportunity to electronically transfer 
pay to accounts in India. 
 
f.  That the Indian embassy has had difficulty in 
repatriating the remains of Indians killed in Iraq while 
serving as contract employees due to the lack of cooperation 
from contractors in providing documentation and sponsorship 
information. 
 
g.  That the Indian embassy is not receiving sufficient 
cooperation from contractors in accounting for and 
documenting the Indian national workers in their employ. 
 
h.  That Indian citizens in the employ of the contractors 
supporting the Coalition Forces in Iraq sign affidavits of 
release upon entering employment stating that they undertake 
to work in Iraq of their own free will, and that copies of 
these affidavits or statements be provided to the Indian 
embassy. 
 
i.  There were also concerns voiced about the living 
conditions in which the subcontractors allowed their workers 
to exist. 
 
2.  POC for this memorandum is the undersigned. 
 
Louis G. Yuengert 
Colonel, GS 
Deputy Chief of Staff 
 
END TEXT OF LETTER 
 
7.  (U) Baghdad minimize considered. 
TUELLER