2007 Trafficking in Persons Report - Center for Women Policy Studies

trafficking in persons, assigning penalties that will
be stringent enough to act as a deterrent and to
reflect the heinous nature of the crime. The government
should also institute formal victim identification
procedures to ensure that victims of trafficking
are not punished, but rather are referred to protection
services. Kuwait should intensify its efforts to
raise public awareness of trafficking, and should
improve enforcement of the terms of the standardized
contract for foreign domestic workers.
Prosecution
The Government of Kuwait demonstrated minimal
progress in punishing trafficking offenses during
the reporting period. Kuwait does not prohibit all
forms of trafficking in persons, though it prohibits
transnational slavery through Article 185 of its
criminal code, an offense punishable by five years’
imprisonment and a fine. Article 201 of Kuwait’s
criminal code prohibits forced prostitution: penalties
include imprisonment of up to five years or
a fine for the forced prostitution of adults, and
imprisonment of up to seven years and a fine for
the forced prostitution of minors. The government
does not keep statistics on trafficking in persons
crimes. It confirmed initiating two prosecutions
for the murder and extreme abuse of domestic
workers. In addition, Kuwait reported imposing
five jail sentences and 15 fines for illegal trading
in residence permits, as well as 12 criminal fines
for recruiting workers and then not providing
them with work, both of which contribute to the
vulnerability of foreign workers to trafficking. These
measures, however, were insufficient in the light of
credible reports from multiple sources of widespread
exploitation of foreign domestic workers
in Kuwait. In most cases, Kuwaiti law enforcement
efforts focused on administrative measures such as
shutting down companies in violation of labor laws
or issuing orders to return withheld passports or to
pay back-wages owed rather than criminal punishments
of abusive employers.
The government also did not provide sufficient
evidence of prosecuting and adequately punishing
trafficking for commercial sexual exploitation
despite numerous raids of brothels reported by the
government. In addition, unscrupulous Kuwaiti
labor agencies continued to recruit South and East
Asian laborers, reportedly using deceptive and
fraudulent offers and coercive techniques, to meet
demand in Iraq for cheap third-country national
labor. The government did not report any efforts
to regulate this lucrative trade of workers through
Kuwait. Kuwait should increase criminal investigations,
prosecutions, and prison sentences for
trafficking for domestic servitude and commercial
sexual exploitation, and for deceptive recruiting
practices that facilitate labor trafficking.
Protection
During the year, Kuwaiti efforts to improve its
protection of victims of trafficking had little effect.
The government lacks formal procedures for the
systematic identification and protection of trafficking
victims among vulnerable populations, such
as foreign workers arrested without proper identity
documents and women arrested for prostitution. As
such, victims of trafficking are sometimes detained,
prosecuted, or deported for acts committed as a
result of being trafficked, such as running away from
their sponsors in violation of immigration laws and
prostitution. Trafficking victims who are deported
are not offered legal alternatives to their removal to
countries in which they may face retribution. Kuwait
also continues to lack protective services for trafficking
victims, including a shelter offering medical and
psychological care. Furthermore, the government
does not fund any NGOs providing these services to
victims. The police do not encourage victims to assist
in investigations of their traffickers; there are cases
where police either do not take the complaints of
potential victims seriously or treat them as criminals
for leaving their sponsors. The government should
open a shelter available to all trafficking victims,
including victims of involuntary domestic servitude
and forced prostitution. The government should
institute a formal victim identification mechanism to
systematically identify and refer victims to protection
services. Kuwait should refrain from deporting
victims, particularly before they are given the opportunity
to file criminal charges against their traffickers
and assist in investigations.
Prevention
Kuwait made modest progress in preventing trafficking
in persons this year. In October, the government
implemented a standardized contract for domestic
workers outlining their rights, including work hours,
wages, and their right to retain their passports. Kuwait
says that foreign workers will not be issued a visa
to enter Kuwait for domestic work until the Kuwaiti
embassy in their country validates this standardized
contract. Some Kuwaiti embassies have implemented
this new policy effectively and some have not been
able to do so. It remains unclear, however, how the
terms of the contract will be enforced once workers
are in Kuwait. The Ministry of Awqaf and Islamic
Affairs launched a public awareness campaign to
inform workers, sponsors, and recruitment agencies of
their respective rights and obligations.
K U W A I T
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