Kuwait must intensify efforts to tackle human trafficking problem
KUWAIT CITY : Kuwait might again land in Tier 3 in the US Security Department’s Trafficking-in Persons (TIP) report for 2008, Charge d’ Affaires at the US Embassy in Kuwait Alan Misenheimer told Al-Qabas. In a letter forwarded to the Ministry of Social Affairs and Labor, Misenheimer clarified Kuwait was included in Tier 3 in the 2007 TIP report but was later put in Tier 2 through a presidential decree issued in Oct, 2007. The Trafficking Victims Protection Act (TPVA) of 2000 lists three factors to be considered in determining whether a country should be in Tier 2 (or Tier 2 Watch List) or in Tier 3: the extent to which the country is a country of origin, transit or destination for severe forms of trafficking; the extent to which the government of the country does not comply with TVPA’s minimum standards, in particular, the extent of the government’s trafficking-related corruption; and the resources and capabilities of the government to address and eliminate severe forms of trafficking in persons. Governments that do not fully comply with the minimum standards and are not making significant efforts to do so are placed in Tier 3.
Concrete
Misenheimer explained Kuwait was placed in Tier 2 after its government took concrete steps to address the issue, which include the establishment of a shelter for runaway household helpers, enactment of the anti-trafficking law, and increased number of trials and verdicts on trafficking in persons cases. He added the government also offered training programs for law enforcement officers, lawyers and judges on ways to enhance their skills in investigating and prosecuting human traffickers and identifying the victims. However, Misenheimer pointed out these steps are not enough as Kuwait failed to make and remarkable progress and this might result in its being placed in Tier 3 again in the 2008 TIP report. He called on the Kuwaiti authorities to intensify their efforts to address the problem. He also proposed the issuance of an Amiri decree to combat human trafficking in the country and serve as an example to other countries. He said the US Embassy is willing to help Kuwait eradicate this negative phenomenon. On the other hand, the Ministry of Social Affairs and Labor assessed the existing laws in Kuwait vis-à-vis a proposed anti-trafficking bill and found a number of similarities.Proven
Article 179 of Kuwait’s law stipulates a punishment of life imprisonment on anyone proven to have abducted a person below 21 years old which, the Ministry said, is also included in the proposed bill. Other similarities found include Article 184 on imposing a three-year jail term on those trafficking in domestic workers while Article 185 stipulates a maximum of five years imprisonment for those who ‘buy or sell’ a person as a slave.
13.5.08
Kuwait must implement anti-human trafficking measures
Deport the alleged troublemakers
Pinoys’ deportation delayed
KUWAIT CITY : The deportation of the seven Filipino truck drivers who were accused of allegedly leading a protest in one of the trucking companies in Kuwait last month was called off on Sunday due to the non-cancellation of their work visas on their passports, disclosed on Monday Philippine Labour Attache Leopoldo De Jesus to the Arab Times. He informed that the seven Filipino workers were already on their way to the airport on Sunday night when they were informed by authorities that they have to go back to the deportation centre since the company did not cancel their work permits at the Ministry of Social Affairs and Labour.
Fly
“Hopefully, they can fly anytime within this week as soon as the cancellation process has been done and the rebooking of their air tickets,” pointed out De Jesus. He added that five of the seven workers received all their termination benefits from their company while the two workers authorised the Philippine Overseas Labour Office to claim the benefits on their behalf. “We tried our best to help them so they can be freed and continue with their jobs but we have to abide by the law of Kuwait and respect the decision of Kuwaiti authorities,” stressed De Jesus. It may be recalled that these seven workers were arrested for allegedly instigating their co-workers to stage a sit-in protest that led to a commotion between the workers and the police that partly damaged one of the police cars.Why are they deporting only the Filipinos? They were not the ones who damaged the car. They were inside the police car when the other workers swarmed into the vehicle and damaged its windows. Why put the blame only on the Filipinos? How about the other nationals” lamented one of the truck drivers who pities the seven Filipino workers.
About 400 workers mostly truck drivers of various nationalities namely Filipinos, Indians, Egyptians, Nepalese, Bangladeshi and Pakistanis participated in the mass action on April 16 to demand from the c ompany an increase in their basic salary from KD 100-110 to KD 250 per month and an increase in their per trip allowance due to the hike in the prices of basic commodities in Kuwait and the low foreign exchange rate. Most of the truck drivers who ply to Iraq demanded an increase in the per trip allowance from KD 10 to KD 40 while those who ply within Kuwait demanded an increase from KD 3 to KD 15 per trip. De Jesus earlier met with the management who vowed to look into the workers’ demands. Most of the truck drivers resume work as they wait for the decision of the company to act on their demands.By Michelle Fe Santiago
Special to the Arab Times
How dare foreigners allegedly protest their conditions of slavery. Just deport the alleged troublemakers, if we can sort out their paperwork... and we all know that those pesky Pinoys are pretty bolshie when they get treated poorly. You couldn't make up this farce if you tried.
Good luck Mr Avery fighting the Kuwaiti (in)justice system
An American in Kuwait fights for his name, rights
Published Date: May 13, 2008
By Nawara Fattahova, Staff writer
KUWAIT: It's hard when somebody is falsely accused of committing a crime. And the situation becomes more difficult if this person loses his job and his reputation is defamed. The case of Allan Avery, an American citizen, who was employed with a US military contracting company working in Kuwait is not decided yet. But Avery claims he was innocent and is fighting charges of drug trafficking and illegal possession in Kuwait in order to prove his claim and clear his name.
Avery's ordeal began late last year. On the night of Oct 27, he was arrested along with two other American contractors while sitting in a car in Sabah Al-Salem area. He was taken to jail and detained for 12 days without charge. Finally, he was sent to the Public Prosecution and charged with drug trafficking, abandonment, and illegal possession of drugs. All three tested negative for drugs, Avery says.
According to Avery when the police searched him and the car, they didn't find any illegal substances on him. The other two accused were found to be in possession of small amounts of marijuana. But police claimed that Avery threw "something" from the car when he saw the cop's car approaching.
The police let me take my clothes off, and they didn't find anything. I was imprisoned for nothing. I lost my job and now I'm living with my friend," Avery told the Kuwait Times yesterday during the third session of his trial at the Court of First Instance in Kuwait City at the Palace of Justice. Avery has already entered a plea of not guilty. His two companions from that night both fled Kuwait after being released from jail.
Avery has not only suffered legal problems. He was also fired from his job. After being released, his company terminated him on November 26, 2007 although his case is not yet finished and he hasn't been found guilty.
The company wanted to get rid of me so they took a blood sample of me at the office and stated it was positive. They thought I will leave, thus on the same day I went to a private clinic and made the blood test there, and the result was negative. The other two accused left the country after they were released, but I preferred to stay to prove my innocence," say the towering American. Abdulmajeed Khuraibit, Avery's lawyer presented a verbal defense attacking the procedure of the police. Two judges presided over the Avery's case, which will have a verdict by May 26.
A growing number of Americans, many of them connected to the military contracting business, have been associated with the illicit drug and alcohol trade in Kuwait in the last year or so. In April 2007, the US Embassy issued a warden's message reminding American citizens here that they are subject to the local laws including those prohibiting the use or trade of alcohol or narcotics.
Those arrested for possession or trade of those substances are dealt with harshly by Kuwaiti law enforcement," the notice explained. The Embassy notice also warned US citizens that the Embassy "cannot intervene to free Americans who have been arrested, nor can it represent Americans at trial, give legal advice or pay legal fees and/or fines with US Government funds.
The common practice for those arrested for such crimes is to flee the country rather than face a travel ban and try to navigate Kuwait's labyrinth legal system. But as Avery points out, he's stayed to fight to clear his name, even though he could have fled. As his lawyer points out, evidence against Avery is slim, as no drugs were actually found on him or in his blood or urine.
The police noted the place where Avery and the other two were caught was a suspect place, which is not true. They also smelled inside the car, while there should be a trained dog for this job. How can the police report register that he was caught in action, while no drugs were found with him?" Khuraibit asked. "My client doesn't even smoke!
MEW's latest brainwave
No release, no travel!!!
Published Date: May 13, 2008
By Badrya Darwish
To improve human rights so we can rise to the minimum international standards, the Ministry of Electricity and Water (MEW) has decided to ask all expatriates before exiting the country - whether on holiday or permanently - to obtain a certificate of clearance from the ministry. The certificate is only valid for one month. If the expat doesn't have it, he will be returning from the airport the same day with his family, his luggage, etc.
This is beautiful. Instead of advancing and updating our systems in the different ministries, especially as the government spent millions on computers and e-government programs and training and etc - we are going backwards. Why can't they update the way to check if people have paid their bills or not?
The MEW is also asking the Ministry of Interior to coordinate with it to implement the new regulation. Because the Interior is the ministry that controls the borders and exits and customs. MEW can't enforce it alone. May I remind the minister of water and electricity that it's not the expats who are failing to pay their bills. It's us, the Kuwaitis, because we feel safe and nobody can touch us and we are above the law. We're Kuwaitis. Can the Minister challenge me by producing the names of big families and big companies who have paid their electricity bills for years and years?
Or he only has the courage to attack expats? Why can't he organize his ministry like any other advanced country on earth. He has so many civil employees doing nothing. Sitting in their offices, drinking chai and chatting. Well, let them do something for a change. Open the stupid computer in front of them and start billing people. Do a proper billing system in Kuwait, for God's sake. If you don't know how to do it - and I'm sure you do - then ask experts from other countries. In modern systems, if people forget, they receive a reminder from the electric company. And then a second reminder and if you don't pay in the third warning, they'll cut your electricity. And arrange also for people to be able to pay. Have direct debit through their banks. Improve your billing system.
Then start screaming and put laws and regulations to ban people from travelling and putting them under the pain of queuing in front of the ministries to ask for this precious letter of clearance. What if people have to travel all of a sudden for business trips or emergency family leaves? How many more employees will you need to give letters of clearance? You have more than two million expats in Kuwait. How many offices will you have to open for all of them to obtain releases every time they travel? Especially in the summer period when it's time for everybody to travel. And may I ask you: What about Kuwaitis? What are you planning for us? Also we cannot travel? Is this your scheme for enhancing the power system and electricity in Kuwait? Is this your scheme for the coming summer?
Imagine the chaos if this were ever implemented, given that Kuwaiti landlords in probably 99% of cases are responsible for paying electricity and water bills for their tenants, under the terms of rental contracts stipulating electricity and water are included in the rent. Naturally, no bills are paid... not least because bills are never issued! And then every 18 months or so the Government wipes the accumulated debts anyway...
Next they'll be wanting access to everyone's bank accounts to deduct from their salaries like loan payments... oh, wait, they've already tried that only to be rebuffed by the banks!
9.5.08
Persecute the victims
Ban on transfer of 'Iqama' for domestics within yearKUWAIT CITY: The Immigration General Department at the Ministry of Interior has instructed domestic servant offices not to deal with those who escaped from their previous sponsors 'as such people will pose problems both to the offices and their employers by their continuous escapes,' reports Al-Watan Arabic daily. Sources say the department discussed problems of this sector of people with Undersecretary at the Interior Ministry Lt General Ahmad Al-Rajeeb and he approved the instructions. Sources indicated that Assistant Undersecretary for Citizenship and Passport Affairs Major General Ahmad Al-Nawaf followed up these problems.
According to sources, acting Director of the department Colonel Bader Saleh Al-Hammadi and the Domestic Servants Department will act on the instructions and not transfer the residence permit of domestic servants to other sponsors if they are not reliable. Furthermore, a decision has been issued banning the transfer of residence permits of domestic servants to other sponsors before the completion of one year of stamping the previous permit. Sources say the decision will come into effect from July 1, 2008 and will be applicable on domestics of all nationalities except those from Bangladesh and Nepal.
