US embassy cable - 05KUWAIT3412

C O N F I D E N T I A L SECTION 01 OF 02 KUWAIT 003412 
 
SIPDIS 
 
FOR G/TIP, NEA/ARPI 
 
E.O. 12958: DECL: 07/31/2015 
TAGS: PHUM, PREL, PGOV, KCRM, KU 
SUBJECT: TIP UPDATE: GOK BRIEFS VISITORS ON ACTIONS TO 
COMBAT TRAFFICKING 
 
REF: A. KUWAIT 3158 
     B. KUWAIT 2863 
     C. STATE 108156 
 
Classified By: CDA Matthew Tueller for reasons 1.4 (b) and (d) 
 
1. (U) Summary: G/TIP Ambassador John Miller and Reports 
Officer Feleke Assefa visited Kuwait July 26-27 to assess GOK 
progress to combat trafficking in persons (TIP) since the 
June 3 release of the 2005 TIP Report, which ranked Kuwait at 
Tier 3. The 60-day grace period for Kuwait to demonstrate 
significant progress by implementing the six-point G/TIP 
action plan (ref C), and qualify for reclassification to Tier 
2 Watch List, ends August 3. The delegation met with Ministry 
of Social Affairs and Labor officials and Public Authority 
for Youth and Sports representatives to learn about steps the 
GOK has taken to accomplish the action plan. A meeting with 
the Bangladeshi Embassy provided a source country perspective 
on expatriate labor issues while the Kuwait Union of Domestic 
Labor Offices explained how the group is working to improve 
conditions for maids. End summary. 
 
Third in a Series of MOSAL Updates 
---------------------------------- 
 
2. (C) Ministry of Social Affairs and Labor (MOSAL) Acting 
Undersecretary Mohammed Al-Kandari briefed visiting G/TIP 
delegation, Ambassador John Miller and Reports Officer Feleke 
Assefa, and EmbOffs July 27 on steps the GOK had taken to 
combat human trafficking since the release of the 2005 TIP 
Report, which ranked Kuwait at Tier 3. Al-Kandari reported 
that the Ministry sent a letter to the Council of Ministers 
asking that the National Assembly create a law banning the 
use of underage camel jockeys. While a ministerial decree has 
prohibited the practice since March 2004, a law would allow 
for criminal penalties in case of violations, currently not 
possible under the decree. Al-Kandari could not quantify the 
exact number of camel jockeys in Kuwait, although he 
estimated the total at 50. He reiterated the Kuwaiti claim 
that most jockeys are children of Kuwaiti camel owners and 
not trafficking victims. He confirmed, however, that a 
parliamentary law would ban underage jockeys regardless of 
nationality. 
 
3. (C) Assistant Undersecretary Adnan Al-Omar added that the 
underage jockey phenomenon spread to Kuwait from other GCC 
countries in the past three to four years after the sport 
became more competitive and lucrative prizes, such as new 
BMWs and cash, introduced. He claimed that the Ministry was 
not certain from where any underage jockey came and was 
agitated that the TIP Report listed specific source countries 
even though that information was unsubstantiated. Al-Omar, in 
an irritated tone, asked G/TIP what was the number of maid 
abuse cases used to determine Kuwait's Tier 3 status. "Your 
report says it, but I am not convinced," he said. "You have 
no numbers, just like us." However, as the delegation was 
leaving the meeting, Al-Omar thanked Reports Officer for 
highlighting Kuwait's trafficking problem in the Report as 
"it helps us to address the problem we face. What I said in 
the meeting was just for show," he added. 
 
4. (C) Al-Kandari repeated that the inter-ministerial 
committee formed in the wake of Kuwait's Tier 3 designation 
(ref B), and chaired by MOSAL, recommended changes to the 
1964 labor law (ref A), which would increase protections and 
benefits for expatriate workers; however, the law still would 
not extend to domestic servants. The U/S predicted that the 
National Assembly would approve the draft law in late 2005 or 
early 2006. In order for domestics to be covered by the labor 
law, Parliament would need to legislate the transfer of that 
portfolio from the Ministry of Interior (MOI) to MOSAL. He 
said that three MPs have already suggested the change, but no 
legislative action has yet occurred. In the meantime, GOK 
officials are studying options to enhance protections for 
domestic employees, including a standardized contract 
procedure and signing an MOU with the International 
Organization for Migration to establish a shelter. 
 
Insight into Camel Jockeys 
-------------------------- 
 
5. (U) Chairman of the Public Authority for Youth and Sports 
(PAYS) Shaykh Fahd Al-Jaber Al-Ahmad Al-Sabah reported that 
PAYS sent a letter to the Kuwait Camel Racing Club, over 
which PAYS has direct jurisdiction, in May repeating a ban on 
camel jockeys younger than 18 and encouraging the use of 
robot jockeys in races. Penalties for violating the ban 
include withdrawing PAYS' financial support for the club, 
ending sponsorship of camel races, banning regional 
participation and, as ultimate punishment, dissolving the 
club. 
 
6. (C) Shaykh Fahd stated that PAYS discovered a group of 8-9 
year old camel jockeys, most of whom were Kuwaiti except for 
one Sudanese, one Saudi and one bidoon (stateless Arab). The 
Kuwaitis, he added, were all children of racing club 
employees or camel owners and did not receive payment but 
rather raced as a hobby. The Shaykh clarified that the 
foreign children were in Kuwait legally with their fathers; 
therefore, they were not trafficking victims. The Chairman 
said that a committee has been established to monitor the 
decree's enforcement. In addition, two PAYS inspectors work 
in the racing club and are charged to report any cases of 
underage jockeys. Ahmad Al-Khazal, Director of PAYS' 
International Relations Department, also attended the 
meeting. 
 
Minister Reiterates GOK Anti-TIP Measures 
----------------------------------------- 
 
7. (C) Minister of Social Affairs and Labor Faisal Al-Hajji 
opened a second MOSAL meeting by telling the delegation that 
the Tier 3 ranking "was hard to accept. We weren't against 
it, but it was not totally based on reality." He added that a 
large part of the TIP Report was formulated on theory and 
hearsay, not on facts or statistics, echoing comments from 
MOSAL officials earlier in the day. He highlighted recent 
MOSAL actions to combat TIP including ordering PAYS to 
enforce the ministerial decree banning underage camel 
jockeys, recommending a new labor law to the Council of 
Ministers and requiring companies to submit bank guarantees 
for all expatriate workers, which can be used to reimburse 
employees in case of salary non-payment. The Minister 
mentioned that the inter-ministerial committee was studying 
the implementation of a minimum wage and establishment of a 
shelter for maids in accordance with the TIP action plan (ref 
c). He ended the meeting by saying the GOK "will act and act 
seriously" to combat TIP. 
 
KUDLO Claims to Work on Maids' Behalf 
------------------------------------- 
 
8. (U) After a meeting with the Bangladeshi Embassy for a 
source country perspective on TIP issues (septel), the 
delegation called on Fadel Ashkanani, Chairman of the Kuwait 
Union of Domestic Labor Offices (KUDLO), and General Manager 
Hashim Maged Mohammed. With the hopes of increasing the 
quality of maids and mitigating potential sources of 
misunderstanding and conflict between employers and domestic 
workers, KUDLO requires that an applicant be literate in her 
native language in order to qualify for recruitment, 
according to Ashkanani. The group already operates training 
centers in the Philippines and Indonesia, but Ashkanani hopes 
to open one in Kuwait to prepare all maids in necessary job 
skills before entering Kuwaiti homes. He has asked the GOK to 
provide appropriate real estate to build such a facility. 
Ashkanani estimated 12,000 maids arrive monthly in Kuwait. 
 
9. (U) KUDLO claims to have suggested to the GOK a minimum 
monthly salary for maids of 40KD ($137), which, according to 
Ashkanani, the Government accepted. (Comment: The GOK admits 
to considering a minimum wage for maids, but nothing has been 
approved. End comment.) Ashkanani also took credit for ending 
the practice of deducting recruitment costs from maids' 
salaries and for proposing changes to the current sponsorship 
system to allow agencies, rather than individuals, to sponsor 
maids. Lastly, the Chairman announced that KUDLO received 
approval from the MOI to issue employment visas directly at 
its offices. Following the discussion, Ashkanani gave the 
delegation a tour of his own agency's recruitment facility. 
 
10. (U) G/TIP has cleared on this message. 
 
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TUELLER