US embassy cable - 05KUWAIT3588

C O N F I D E N T I A L SECTION 01 OF 02 KUWAIT 003588 
 
SIPDIS 
 
FOR G/TIP, NEA/ARPI 
 
E.O. 12958: DECL: 08/09/2015 
TAGS: PHUM, PREL, PGOV, KCRM, KU, Labor 
SUBJECT: G/TIP ACTION PLAN FOLLOW-UP 
 
REF: A. ASSEFA-BROWN AUGUST 8 EMAIL 
     B. KUWAIT 3532 
     C. KUWAIT 2990 
     D. KUWAIT 2863 
 
Classified By: Ambassador Richard LeBaron for reasons 1.4 (b) and (d) 
 
1. (U) As requested by ref A email, Post provides below 
additional information for the reassessment of Kuwait's Tier 
3 ranking in the 2005 Trafficking in Persons (TIP) Report. 
This information further confirms Post's assessment of 
significant progress in improving labor conditions for 
foreign workers. Confirmation of Kuwait's re-designation to 
Tier 2 Watch List would assist us in consolidating forward 
momentum. 
 
TIP-Related Prosecutions 
------------------------ 
 
2. (SBU) As reported in ref C on July 3, Post obtained court 
documents proving more than 30 TIP-related prosecutions, 27 
of which were resolved during the April 2004-March 2005 
reporting period and another four since, thereby making all 
of them germane to the 2005 TIP Report. There were 14 cases 
of abuse among these prosecutions including one rape. The 
court sentenced two men to life in prison in August 2005 for 
sexually violating an Indonesian maid. 
 
3. (SBU) Post received evidence of two additional 
prosecutions (ref B), one during the 60-day grace period. The 
first fined a Kuwaiti sponsor 1,040KD ($3,557) in May for 
abusing and failing to pay his maid. The other ordered a 
maid's employer to pay her 420KD ($1,436) in back-wages in 
June. 
 
4. (U) Post faxed court documents regarding the rape case to 
NEA/ARPI as an example of evidence of prosecution. (Note: 
Post received the dispositions with the criminals' and 
victims' names deleted. Court numbers and verdicts are 
visible, however. End note.) Post can send copies of 
documents supporting all 33 cases, approximately 115 pages in 
Arabic, via FedEx upon receipt of fiscal data. 
 
Establishing a Shelter 
---------------------- 
 
5. (C) Ambassador spoke August 10 with Major General Thabet 
Al-Muhanna, Assistant Undersecretary for Security Services at 
the Ministry of Interior (MOI), who said that the MOI would 
reiterate the import of establishing a shelter for maids in 
need with the inter-ministerial committee (ref D) in its next 
meeting. Al-Muhanna admitted that Kuwait needs to find a 
better alternative for maids facing mistreatment. For those 
maids who report abuse but do not want to leave the country, 
he explained, they currently have the option of seeking 
refuge at their embassies, some of which operate shelters, or 
returning to their sponsors since they cannot remain in 
police stations. Al-Muhanna said building a shelter is the 
proper solution. He also mentioned that MOI would work with 
the Ministry of Information to develop a public campaign to 
educate Kuwaiti residents about the proper treatment of 
domestic workers. Post will continue to seek clarification on 
these issues. General Al-Muhanna alerted us to public 
announcements coming out in August 13's newspapers 
highlighting enforcement of contracts for maids and the 
proposed 40KD ($137) monthly minimum wage for domestic 
employees. 
 
Draft Labor Law 
--------------- 
 
6. (U) Post obtained an Arabic-language version of the draft 
labor law from the Ministry of Social Affairs and Labor, 
which has been faxed to NEA/ARPI. As detailed in ref B, the 
new labor law would: establish a minimum monthly wage of 50KD 
($172) for unskilled laborers, limit the work week to 48 
hours, permit the formation of labor unions, protect workers 
against termination without cause and afford women 45 days of 
maternity leave, among other guarantees. The new law would 
not extend to domestic servants who fall under the 
jurisdiction of the MOI. 
 
July 8 Decree: Contracts for Maids 
---------------------------------- 
 
7. (U) The referenced July 8 decree mandated the 
implementation of a contract for maids effective October 1. 
The following is an unofficial translation of the requested 
document. 
 
8. (U) Begin text: 
 
Ministry of Interior 
Department of the Office of Assistant Undersecretary for 
Security Services 
 
July 8, 2005 
No. 7480 
Subject: Contracts for recruitment of private servants and 
the like 
 
With reference to the letter of the Interior Undersecretary 
addressed to the Foreign Undersecretary dated April 9, 2005, 
including the request to circulate to Kuwaiti missions abroad 
to authenticate the foregoing contracts in addition to 
authentication of the entry visas granted to servants. We 
would like to inform you that so far we have not received any 
statement on whether the circulation to our missions abroad 
has been made or not. 
 
Therefore, please notify our Kuwaiti missions abroad that the 
enclosed contract will be circulated to the domestic labor 
recruitment offices and will be put into force as of October 
1, 2005, and facilitate the measures for authentication of 
the contract with the visa by the Kuwaiti mission available 
in the country of the servant so that he would come 
accordingly. 
 
Assistant Undersecretary for Security Services 
Major General Thabet Al-Muhanna 
 
End text. 
 
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LEBARON