Tricked and Trapped: Human Trafficking in the Middle East, â€Žpdf 4.1 MB

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order management officers at the airport on the identification of victims of trafficking and developed a referral mechanism in collaboration with them. 80 In Kuwait, the IOM has been the main actor providing specialized training on trafficking for law enforcement officials, 81 who have been advised on how to protect victims as well as how to investigate a case and prosecute the traffickers. 82 The IOM also delivered training on shelter management and victim assistance to shelter staff in Kuwait, and organized a study tour for law enforcement to shelters in Belgium and the Netherlands. 83 4.2.2. Strengthened interdepartmental cooperation Governments have sought to establish innovative interdepartmental initiatives to improve the collaboration and cooperation of law enforcement officials in combating human trafficking. In Jordan, for instance, the Government established a Human Trafficking Office within the Public Security Directorate’s Criminal Investigation Unit: its 25 members (two labour inspectors and 23 police officers) monitor hotels, restaurants, bars and nightclubs. 84 A special committee was also formed by the Minister of Labour under article 9(a) of Regulation No. 90/2009 (concerning domestic workers, cooks, gardeners and similar categories) to deal with the problems of domestic workers in the embassies of countries that export labour. 85 Between October 2009 and February 2010 the committee handled 477 cases of “runaway” domestic workers staying at the Indonesian Embassy. 86 In Kuwait, several enforcement measures were taken to ensure the application of all the relevant legislation and to prevent the exploitation of workers. In 2010, a ministerial decision was issued to empower the Ministry of Social Affairs and Labour to transfer a worker from one employer to another in cases where a legitimate complaint has been lodged (although this right cannot be 80 Currently, a group of ten male and female specialized staff maintain a non-stop presence at the airport to welcome the migrants and inform them about their rights. 81 Interview with an official from the IOM office in Kuwait, Kuwait, 26 Mar. 2012. 82 IOM, Foundational and advanced training courses for law enforcement officers on protecting trafficking victims and investigating traffickers, UN House Kuwait, 6–7 Jan. 2011. 83 IOM, Training to shelter staff on shelter management and victim assistance, UN House Kuwait, 26–30 Sep. 2011; IOM, Study tour to shelter centres in Holland and Belgium, 20–22 June 2011. 84 Interview with an official of the Ministry of Interior, Criminal Investigation Department, Jordan 15 Nov. 2011 and 26 Sep. 2012. 85 Members of the committee include representatives of the Ministry of Labour, Public Security Directorate, Ministry of Foreign Affairs, Ministry of Interior, Syndicate of Domestic Labour Recruitment Offices and the attorneys of the embassies of the countries that export domestic labour. 86 These workers were exempted from residency fines, deported at the expense of the embassy and given the wages to which they were entitled, amounting to about 500,000 JOD. 139
exercised in respect of domestic workers). 87 The ministry has established five working relations offices in the country to which workers can go to register their grievances. 88 The Ministries of Interior and Labour have also established two joint committees that deal with deportation and conflict over payment of salaries. Several migrant community leaders and civil society actors have recognized that in recent years, and with the passing of the new law governing labour in the private sector (Law No. 6 of 2010), cases were being treated more comprehensively by officials. 89 In the UAE, the Ministry of Labour allocated 100 legal and administrative staff to the investigation of complaints against employers by workers across the country. 90 The aim is to settle disputes within a period of two weeks. If the worker or the employer rejects the settlement, the dispute is referred to a court of law, which should issue a verdict without charging the worker any fees, irrespective of the nature of the litigation. If the complaint involves a case of trafficking, such complaints should be directly referred to the prosecutors specialized in dealing with trafficking cases. 91 4.2.3. Labour inspection Governments throughout the region are carrying out labour inspections to monitor work conditions. Specific departments have also been set up to investigate complaints, such as in Kuwait, where the Ministry of Labour established the Immigration Investigation Department in 2009. These investigations are critical to the detection of victims of trafficking and forced labour. Since the creation of this department, the Ministry of Interior has closed down more than 3,000 companies – most of them large construction companies – and placed them on a blacklist, to prevent them from resuming the recruitment of migrant workers. The ministry claims that while it regularly investigates cases, it is not aware of all companies using exploitative practices, as some embassies of countries of origin enter into direct negotiations with sponsors without informing the Government. 92 The efficiency of this 87 In 2011, over 4,000 complaints were filed relating to disputes over work and residency permits, of which 2,266 were resolved. The Ministry of Social Affairs and Labour (MoSAL) reported that in 2011 it had permitted more than 8,000 workers to switch employers without the consent of their employers, and another 5,000 cases to change employers with the consent of their employers. MoSAL indicated that some cases involved more than one worker. 88 The Kuwaiti MoSAL’s Department of Work Relations has 320 staff members, of whom 85 are legal practitioners. 89 Interview with a migrant community leader, Kuwait, 25 Mar. 2012. 90 Interview with an official of the Ministry of Labour, UAE, 2 Feb. 2012. 91 UAE, National Committee to Combat Human Trafficking: Combating human trafficking in the UAE: Annual Report 2010–2011, p. 31. 92 Interview with an official from the Ministry of Interior, Kuwait, 27 Mar. 2012. 140
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In collaboration with TRICKED AND T
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Copyright © International Labour O
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officials, worker and employer repr
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3.3.2. Recruitment 101 3.3.3. Work
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MoJ MoL MWPS MoSAL NCCHT NCT NGO NH
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LIST OF TABLES Table 2.1. Dimension
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The realization of this research pr
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In an effort to fill gaps in unders
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There have also been cases of anima
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CHAPTER 1: FRAMING THE ISSUE 1.1. D
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People trafficked for any of the ex
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1.2. GLOBAL DEBATES ON HUMAN TRAFFI
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processes by which migrant workers
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Concerted efforts have been made to
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documented abuses against domestic
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CHAPTER 2: METHODOLOGY 2.1. RESEARC
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Table 2.1. Dimensions of forced lab
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Table 2.4. Indicators of impossibil
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2.2. OVERVIEW OF DATA COLLECTED In
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Having said that, the Middle East i
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individuals who voluntarily agree t
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3.1.2. Recruitment of domestic work
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domestic worker explained, “many
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An official from the NGO KAFA went
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Another Filipina explained the supp
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In Jordan, an official from Tamkeen
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workers supported by the NGO report
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on the balcony. When it got cold, I
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3.1.4. Impossibility of leaving Wor
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Legally, the domestic worker has li
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embassy three times to make an emer
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given that it is not easy for a mig
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Analysis of the information provide
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country, or whose relatives are dec
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3.2.2. Recruitment Recruitment of d
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to provide sexual services. Most of
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The research team was unable to int
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Box 3.9. A press report of traffick
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explained that in 2010 there were b
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There are conflicting views over th
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one nightclub owner in Amman. 144 T
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2011, three minors and three adult
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Many reports confirm the interlinka
Page 89 and 90: Some claim that the situation of ar
Page 91 and 92: finish working, especially Tunisian
Page 93 and 94: Investigations carried out by the I
Page 95 and 96: Detention of women accused of prost
Page 97 and 98: Lack of any economic and social alt
Page 99 and 100: 3.3. OTHER ECONOMIC ACTIVITIES 3.3.
Page 101 and 102: Table 3.3. Overview of four process
Page 103 and 104: Indeed, many of those interviewed w
Page 105 and 106: workers, often requiring them to ta
Page 107 and 108: not suitable for the position so th
Page 109 and 110: The case of seafarers Stories emerg
Page 111 and 112: personnel from the ports to offshor
Page 113 and 114: of destination often happen through
Page 115 and 116: and we will find him a new job”.
Page 117 and 118: Degrading living and working condit
Page 119 and 120: Ministerial Decree 1186 (2010) was
Page 121 and 122: Retention of personal documents Lac
Page 124 and 125: CHAPTER 4: REGIONAL RESPONSES TO HU
Page 126 and 127: In Lebanon, the Government ratified
Page 128 and 129: trafficking efforts in the seven em
Page 130 and 131: stipulating that employers must giv
Page 132 and 133: In Kuwait, in the absence of a spec
Page 134 and 135: 4.1.5. Prosecution of human traffic
Page 136 and 137: Box 4.1. Ending the use of child ca
Page 138 and 139: 4.2. STRENGTHENING THE INSTITUTIONA
Page 142 and 143: government action has, however, bee
Page 144 and 145: Box 4.3. Ending forced labour in th
Page 146 and 147: among migrant workers and no protoc
Page 148 and 149: to the needs of their citizens. The
Page 150 and 151: Dialogue in 2008 to promote a colla
Page 152 and 153: CHAPTER 5: A WAY FORWARD Comprehens
Page 154 and 155: to legally terminate a contract aft
Page 156 and 157: 5.3.2. Taking measures to reduce vu
Page 158 and 159: attention also needs to be given to
Page 160 and 161: with new skills, which will make it
Page 162 and 163: ANNEX: LIST OF STATES PARTIES TO KE
Page 164 and 165: BIBLIOGRAPHY National legislation B
Page 166 and 167: Lebanon Labour Code, 1946. Law on E
Page 168 and 169: International Convention on the Pro
Page 170 and 171: The Economist. 2010. “Little bett
Page 172 and 173: —. 2006. Multilateral Framework o
Page 174 and 175: —. 2011b. Qatar’s ambitions for
Page 176 and 177: —. 2010. The international legal
Page 178 and 179: Transient Workers Count Two. 2012.
Page 180: This regional study sheds light on
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