US embassy cable - 03KUWAIT1927

C O N F I D E N T I A L SECTION 01 OF 03 KUWAIT 001927 
 
SIPDIS 
 
DEPT ALSO PASS USAID/W 
DEPT FOR G/TIP, NEA/RA, NEA/FO, NEA/ARP 
DEPT FOR INL, DRL, PRM, IWI 
 
E.O. 12958: DECL: 05/07/2013 
TAGS: PHUM, PREL, PGOV, SOCI, KU 
SUBJECT: (C) TRAFFICKING IN PERSONS: SOURCE COUNTRY 
EMBASSIES OPPOSE TIER III STATUS FOR KUWAIT 
 
REF: A. KUWAIT 1772 
     B. KUWAIT 1759 
 
Classified By: (U) AMBASSADOR RICHARD H. JONES; REASON:  1.5 (B,D) 
 
1. (C) SUMMARY:  Reftels reported on GOK's efforts to address 
the issue of 
trafficking in persons, an issue on which it is increasingly 
engaged.  This 
message provides an update on GOK initiatives as well as a 
snapshot of opinions 
of source country embassies in Kuwait voiced during a May 7 
lunch at the 
Ambassador's residence.  Although all countries involved 
agreed that Kuwait 
has a problem with its domestic servants, all want to avoid 
public 
condemnation being used as the tool for change, fearing it 
will complicate 
their own efforts.  END SUMMARY. 
 
(C) SOURCE COUNTRY VIEWPOINTS 
----------------------------- 
2. (C) The Ambassador hosted a lunch May 7 for 
representatives of source 
countries for domestic labor, in order to inform them of the 
upcoming 
Trafficking in Persons Report and to seek their views on the 
situation of 
domestic workers in Kuwait.  The ambassadors of India, Sri 
Lanka and Indonesia 
attended, along with the Philippine labor attache and a 
Bangladeshi 
counterpart.  Due to the sensitivity of this issue to the 
source countries, 
the very purpose of the gathering should be treated as 
classified. 
 
3. (C) Indian Ambassador Singh (protect throughout) said the 
problem of 
exploitation of domestics in Kuwait affects only a "very 
small" percentage (of 
what is, however, a very large population:  hundreds of 
thousands of 
individuals).  He stressed that his own government takes the 
problem of 
exploitation very seriously.  At one point, Indian women had 
been prohibitied 
from seeking work in Kuwait, but this ban had proved 
counter-productive. 
Now, the GOI limits work permits for Kuwait to women over 30 
years of age 
and discourages women outside of a few specific states known 
for their 
conservative social mores from working in Kuwait.  Such steps 
had reduced 
past problems markedly.  Asked about his personal experience 
in working 
through cases with the GOK, he said that he has alway found 
Kuwaiti 
officials to be "helpful and responsive."  For instance, 
about six months 
ago, at MFA's instigation, the GOK opened a conciliation 
center attached to 
the Dasman police station that processes domestics who face 
deportation. 
The center was off to a slow start, but it was a step in the 
right direction, 
in his view.  He remarked that the Kuwaitis feel "very 
embarrassed" by reports 
of exploitation, because they are very sensitive about their 
international 
reputation.  As a result of working collaboratively with the 
GOK since his 
arrival fifteen months ago, he added, the situation of Indian 
domestics has 
improved to the point that his embassy has been able to close 
its safehaven. 
 
4. (C) Drawing on his own experience, Singh recommended that 
the USG avoid a 
confrontational approach:  it is not necessary, and would 
likely be 
counter-productive.  He thought cooperative engagement by the 
USG could be very 
supportive of bilateral efforts by India and other source 
countries, whereas 
public embarrassment of Kuwait could undermine the source 
countries' ongoing 
efforts.  In his view, given that Kuwait has not been 
mentioned in the TIP 
Report before, it would be "a bit unfair" to place it in Tier 
III this year; a 
year from now, if there is no substantial improvement, we 
would be much more 
justified in taking a hard line.  The ambassadors of Sri 
Lanka and Indonesia, 
and the representative of the Bangladesh embassy, all agreed. 
 
5. (C) Philippine labor attache Angelo Jimenez (protect 
throughout) assessed 
the exploitation problem as much more common in his 
community:  about 30 
percent of Filipina domestics reported some problem, such as 
underpayment, 
overwork, lack of rest, lack of adequate food, or restriction 
on their 
freedom of movement.  (This latter complaint, Singh 
commented, contains a 
large culture-clash component: by Kuwaiti standards, it is 
normal and prudent 
(even a duty) to restrict women's movements for their own 
protection in a 
country with a very large population of unaccompanied male 
workers; Filipinas, 
on the other hand, are used to much more freedom of movement, 
Jimenez 
acknowledged.) Jimenez estimated that for every domestic who 
registered a 
complaint with his embassy, there was at least one more who 
did not have the 
opportunity to do so.  Six percent of the complaints filed 
with the Philippine 
embassy involve sexual abuse.  In his experience, Kuwaitis' 
first response 
to information about abuses is denial that any Kuwaiti could 
behave so badly, 
but he has found that if he persists, they eventually accept 
the painful 
truth and support corrective action.  The Philippine Embassy 
continues to 
operate a shelter at the embassy for runaway domestics. 
Despite his different 
perception of the magnitude of the problem, he agreed with 
Singh that GOK 
officials were generally cooperative and that a Tier III 
designation would 
be counter-productive at this time. 
 
6. (C) In sum, all countries represented agreed on some key 
issues. 
They agree Kuwait has a problem with its treatment of TCN 
domestic servants. 
They agree most of their Kuwaiti contacts are embarrassed by 
the problem. 
They agree Kuwaiti law needs to be amended to provide 
protection to domestic 
servants.  They agree Kuwaiti officials are responsive when 
specific cases 
are brought to their attention.  They agree further 
engagement with the 
Kuwaitis on the issue of trafficking in persons is key to 
solving this 
difficult issue, and that public embarrassment of the 
Kuwaitis by the US 
would not be helpful to the cause. 
 
(U)GOK INITIATIVES 
------------------ 
7. (C) MFA Americas Dept. Deputy Director Ayham al-Omar 
confirmed to PolChief 
May 7 that a newly-established inter-ministerial committee 
had held its first 
meeting this week, chaired by his boss, Americas Dept. 
Director Amb. Khaled 
al-Babtain, and including representatives of the Ministries 
of Interior and 
Social Affairs.  The committee was considering opening a GOK 
safehaven for 
abused domestics, studying the question from all its aspects 
-- to protect the 
rights of employees and employers alike.  Ayham claimed that 
for the past year 
or so, if any employer refuses to provide an airline ticket 
home for a domestic 
who has not served out her contract, the Ministry of Interior 
pays for the 
ticket but blacklists the employer, so that he cannot sponsor 
any more 
domestics.  (Singh also mentioned such a blacklist.) 
 
8. (C) Regarding the issue of camel jockeys, Ayham said the 
Ministry of 
Interior has told the Camel Racing Club that all jockeys must 
be at least 18 
years old (vice 15 "permitted by ILO Convention").  He added 
that the Club has 
been placed under the purview of the Ministry of Social 
Affairs.  (Note: 
PolOff has a meeting scheduled with the Chairman of the 
Kuwait Camel Racing 
Club on May 13 and will discuss with him these new 
regulations.) 
JONES