US embassy cable - 05KUWAIT5064

C O N F I D E N T I A L KUWAIT 005064 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR NEA/ARPI, LONDON FOR TSOU, PARIS FOR ZEYA 
 
E.O. 12958: DECL: 12/09/2015 
TAGS: PGOV, PREL, PHUM, ELAB, KDEM, KU 
SUBJECT: NEA DAS GRAY URGES GOK ACTION ON TIP/LABOR ISSUES 
 
REF: KUWAIT 3603 
 
Classified By: Ambassador Richard LeBaron for reasons 1.4 (b) and (d) 
 
1.  (C) Summary: In separate meetings on December 6 with 
National Assembly Speaker Jassem Al-Khorafi and Minister of 
Social Affairs and Labor Faisal Al-Hajji, NEA DAS Gordon Gray 
reiterated U.S. concerns about Kuwait's trafficking in 
persons (TIP) and domestic labor problems, and urged GOK 
action to address these issues.  He also emphasized the 
importance of these issues to Washington.  Both Al-Khorafi 
and Al-Hajji downplayed the seriousness of the problem, 
though they assured DAS Gray that the GOK was working to 
resolve the issue.  Saying he appreciated the ability to 
speak "frankly to good friends," DAS Gray encouraged the GOK 
to pass the proposed new labor law and to take additional 
concrete steps to protect foreign workers in Kuwait.  End 
summary. 
 
2.  (C) In a December 6 meeting with Al-Khorafi, NEA DAS Gray 
and the Ambassador encouraged the GOK to seriously address 
TIP and domestic labor problems.  Al-Khorafi downplayed the 
seriousness of the problems, arguing that only a small 
minority of the country's "150,000" domestics were subject to 
abuse.  The Ambassador said the real figure was closer to 
450,000, adding that even if only a "minority" of domestics 
were abused it was still a significant number.  The 
Ambassador emphasized that more still needs to be done to 
protect domestics.  Al-Khorafi said third country nationals 
(TCNs) were protected by their embassies in Kuwait and 
claimed abusive employers were jailed.  DAS Gray stressed 
that laws must be enforced and structures put in place to 
protect victims of abuse.  While the problem will never go 
away completely, the GOK should focus on reducing the number 
of victims, DAS Gray said. 
 
3.  (C) In a separate meeting on December 6 with Al-Hajji, 
DAS Gray emphasized the importance of TIP and labor issues to 
Washington, encouraged the GOK to take more "positive steps" 
to protect victims, and expressed hope that this "nagging 
issue" in the U.S.-Kuwait bilateral relationship would be 
resolved.  While "not denying the problem," Al-Hajji blamed 
GOK critics for "exaggerating" domestic labor problems.  He 
said "a few people" mistreat domestic workers, but "not 
many."  He said there were between 400,000-450,000 domestics 
working in Kuwait. 
 
4.  (C) Al-Hajji noted that under the proposed new labor law, 
which would not cover domestics, TCNs would be covered, not 
"under the umbrella of Kuwaitis," but by their embassies.  A 
separate ministerial decree covering domestics is expected to 
take effect in January 2006 and would require an employment 
contract between the domestic, the sponsor, and the 
employment agency (reftel), he said.  Employees would take 
complaints to the employment agency, which could refer them 
to the Ministry of Social Affairs and Labor.  If the 
complaint were substantiated, the cost of a return ticket and 
any unpaid wages would be deducted from the initial deposit 
paid by the employer and held by the agency.  Asked about the 
provision of shelters for abused workers, Al-Hajji said that 
under the new labor law, employment agencies would be 
required to provide shelters for abused workers until the 
problem was resolved.  Al-Hajji said, however, that he was 
happy to receive advice from friends and assured DAS Gray 
that the GOK was working to resolve the issue. 
 
5.  (U) This cable has been cleared by DAS Gray. 
 
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LEBARON