Workers complain of non-payment again
The Daily Star, Tuesday, November 29, 2005

Hamed AI-Sayyed

KUWAIT: A number of Asian laborers gathered in front of the AI-Watan newspaper located in Shuwaikh to protest against their employers, who have not posted their salaries for almost nine months.

The laborers demanded the intervention of the Ministry of Social Affairs and Labor to compel the employers to pay the over due salaries. They also affirmed that they submitted an official complain at the Farwaniya Labor Department against their employers, who insist on not paying them their salaries.

"Our employers have expelled us from our residency and are bargaining with us to transfer our residency to another sponsor for 1,500 Kuwaiti dinars from each person, while we do not even have enough money to feed ourselves," said one of the laborers.

The laborers urged Minister of Social Affairs and Labor Faisal AI-Hajji to immediately intervene to end their crisis due to the fact that they do not have enough money to send to their families, who are eagerly waiting for their assistance.

Slavery triangle in Kuwait
Kuwait Times, November 26 and 28, 2005

By Muna AI-Fuzai

(Part One)
Dear readers,
I am extremely sorry and ashamed to say that such misery is actually happening in Kuwait now. But, as a Kuwait writer I have a message to my society, which I will not hesitate or fear to deliver. It is the hapless scream of many Filipino housemaids or as the people call them Kadama or Shakala.

There is a deadly triangle (the maid - the sponsor - the recruitment agency). They are all contracted in a complicated relationship based on slavery and not partnership. This human message today is an open letter to the guilty fronts seeking salvation. This is the twenty first century and slavery is no longer acceptable under any name. That is that.

The information in this article is real facts and not illusions. I'm thankful for those who made my two part article possible. I will present some real stories and painful memories that some will not accept or digest or believe. But, the truth is always hard. Some time you need to operate to heal. Good wishes or diplomacy is not enough any more.

There is a daily abuse of many housemaids. What is happening in this large community and what are their common troubles? What is happening behind the fancy high gates and the locked doors in the Kuwaiti houses? Would the new labour law be able to bring an end to this dilemma? What means or methods can be used to implement the articles of this law? How can we interpret this law into real and daily acts? What is the expected reaction of many Kuwaiti families who don't regard most national laws because they have wasta?

The runaway maids are single poor women who came from far away places seeking a better future — not to be abused and tortured or burned or raped and humiliated by strangers. Unfortunately, this was the better future or shall I say a typical end for a slave with no rights in time of absence of any law — even the humanitarian ones.

The common and repeated complaint against many Kuwaiti families is the verbal abuse as well as the physical one. I know many Kuwaitis — even the young ones — using bad gestures and improper words against their parents or teachers or relatives. So why not the maids! She will not receive an exceptional treatment. Another common complaint is the overwork. There is no time duration for the housemaids working hours or any rest time. No day off. No talking on the phone and many other things. Many "No' but few Yes'.

The mistreatment is not occurring in many Kuwaiti houses only but also some Arab expatriates are to be blamed too. There are several complaints against some Arab (sponsor) expatriates who lock their fridges or food cabins to cut the maid's access to it? Can you bear the fact that some Arab sponsors actually count the eggs and the fruits in order to forbid the Shakala from exceeding her food limitation?!!

How true the runaway maids accusations against some sponsors who do not allow their maids to have enough food or give her salary because the Arab sponsor don't have money? Why did he take a house maid if he could not afford to pay her? Does that mean she has to keep cleaning and cooking for him and his family for free? Or what?

The number of runaway maids during last Ramadan was 20 housemaids a day. What does this number tell you? The answer is simple.

(Part Two)

There is something wrong and inhumane against the weakest part, which is the housemaid. The whole operation of bringing any woman, as a maid from her country is unfair for her.

The recruitment agency knows all information about her education level and social status. But what does she know about her sponsors and their own educational and social status? If she was to be treated fairly then she must be aware of what to expect and say 'no' if she is not pleased or satisfied with what she was informed by the representative agency in her country. The available information about any sponsors to the maids are zero. The housemaid's contracts are like lottery game rather than a decent business contract.

The sponsor or the master is usually the lucky one. He has all the right to be familiar with his coming kadama with a recent picture too. Above all if he did not like her for any reason he can send her to another house or return her to the slavery agency for another master. The worst is when the maid runs away and the sponsor rushes to the police station to file an absence case against her and some sponsors accuse his maid of theft to assure her capture and imprisonment. She is simply turned from a victim to an outlaw. If this is not slavery then I don't know what is this. I have no other or better name for such acts.

A recent statement by the Ministry of Social Affairs and Labour stated that the new labour law is ready and awaiting the final approval of the parliament for implementation.

Although the formal statements confirmed the efficiency of this new labour law with the international law, the new labour law must regard the regulations or the standards regarding the living space or the accommodation of the private sector employees such as the workers in the fast food restaurants.

Those employees are living in small rooms in dirty compounds. I’m not sure about the living space limitation for each one of them. But I hope the new law will take into consideration that such issues also must be known and clear to all.

The problem of the domestic helpers is an endless agony in Kuwait. In the last ten years it was turned from single and scattered troubles into a massive one creating more troubles for the housemaids.

Some unfortunate runaway maids found themselves involved in crimes of rape or kidnap or a false accusation by their masters. Most maids accused their sponsors of verbal abuse or sexual harassment which the masters typically either deny or accuse the maids with another charge.

The government and the parliament statements about protecting human rights in Kuwait make me feel sick. Not only it has no reality in the ground but none of these officials have the courage to admit that there is a big problem called the domestic helpers and any temporary solutions will not end this agony. The Filipino domestic helpers are confronting a serious situation that needs our assistance.

I know that human rights in Kuwait are gone with the corruption and the wasta winds. But, it is never too late. I hope my message today will reach some minds and may lead to a solution to this curse of slavery. Shut your door and start acting like a modern agency or this type of business should not be practiced.

Everybody knows that Kuwait is violating many international laws regarding human rights. The spread of wasta, bribes, and awful discrimination among the society members and others are widely spread but the Kuwaiti writers must do their best to stimulate the changes we all hope as a civilized people.

I believe that the Ministry of Social Affairs and Labour must not hesitate in issuing a law that may be the best for all the parties in this contract. The labour attaches in the concerned Asian embassies in Kuwait must be given the opportunity for its own comments and views regarding the final draft of the labour law.

Issuing or updating any local law is a very slow operation in Kuwait. I hope the embassies will respond to this call and the media must also inform the public with the rights of maids and others. All types of abuses are illegal. The Ministry of Education must implement new school curricula about human rights for the kids and the teenagers. I certainly believe we need the support of everyone to bring a better future for all.

munaalfuzai@kuwaittimes.net

Parliament sketches anti-corruption procedures
Daily Star, Thursday, November 24, 2005

Compiled by Daily Star staff

KUWAIT: The National Assembly's Anti-Corruption Committee announced on Wednesday the outline of its conduct procedures after a sub-committee presented a report about the procedures.

In a press statement, committee convener MP Musallam Al-Barrak said the committee will ask the Cabinet to supply it with the reports of the Citizen Service and Governmental Bodies Assessment Apparatus regarding exposed corruption cases.

He added that the committee will examine the report closely and will constantly keep track of claims of corruption brought up by MPs in accordance with official procedures.

He explained that the committee is eager to counter the least hint of corruption within the Parliament after the claims that were made by Sheikh Meshaal Al-Jarrah, who will be dealt with according to hard evidence.

During a television interview last October, Sheikh Meshaal claimed that the Cabinet had paid some MPs seven million Kuwaiti dinars in the form of bribes to approve a bill that granted women their full political rights.

While the committee will meet once every two weeks and the sub-committee will convene once a week, Al-Barrak added that the committee will handle all corruption claims with absolute privacy after receiving them through an assigned fax number that will be announced in newspapers.

MP Nasser Al-Sane earlier stated that the government's recent efforts in combating corruption proved to be useless, as the government itself is involved in its own corruption.

Al-Sane said that corruption will damage the development process in the country. He added in that the interference of both the Cabinet and a number of legislators made combating corruption a difficult struggle.

"Corruption isn't only found in Kuwait; it is present in countries all over the world. Those who practice it use the most recent technologies to cover up their tracks. This makes it difficult to prove anything against them, so people end up feeling frustrated and just give up," Al-Sane said.

"Corruption is the main obstacle standing in the way of investments. People need to shed light on this issue either by using the media to expose it or by filing suits against those who practice it. I also think that non-governmental organizations should allocate more money to help fight this problem. I was surprised when I learned that one of the ministries spent 720,000 Kuwaiti dinars to buy ice. This proves that there is no type of monitoring system overlooking those who control the nation's wealth," he continued.

Deputy Prime Minister and Minister of State for Cabinet and Parliamentary Affairs Mohammed Dhaifallah Sharar had previously said that combating corruption within the government requires additional legislatives and developing administrative procedures to eradicate such phenomenon. He added that the government along with people must work together to end the routine.

"It is imperative to implement the concept of a 'comprehensive employee,' who should be capable of performing all work requirements without the need to compel applicants to take another trip to other governmental institutions, or the need for a superior's intervention in the work of the employee," affirmed Sharar.

Also, General Coordinator of the Labor Syndicate Blocs and Chairperson of Civil Workers at the Ministry of Interior Bader Al-Enezi affirmed that labor blocs have collaborated with each other to carry out a national popular campaign to combat corruption by fighting this phenomenon with all available and legal means.

Al-Enezi said, "The blocs have been preparing for this campaign for more than two months. The citizens' service personnel have also submitted two monthly reports that include corruption affairs, and extraordinary Cabinet sessions have treated the diffusion of this phenomenon in governmental bodies.

"After several meetings, the labor blocs have agreed to launch this campaign," added Al-Enezi, hoping that all societies and NGOs will contribute so as to achieve the desired goals.

Also, Al-Enezi asserted that all the nine labor blocs believe that social institutions should have an active role in society in the face of its deteriorating situation.

Meanwhile, Director of the National Anti-Corruption Campaign Khaled Al-Marjah said that NGOs should work hand-in-hand with public authorities regarding all issues related to
public goods; especially that the government has admitted to the existence of corruption in its different bodies.

"The campaign's program includes an advertisement and information promotion as well as symposiums given by the elite of the society, in order to stimulate citizens to interact with the campaign's call and get involved in the anti-corruption war by submitting their complaints and propositions," added Al-Marjah.

Kuwait ranks sixth in liberties
The Daily Star, Saturday, November 19, 2005

LONDON: Kuwait came in sixth position for political and civil liberties in the Middle East and North Africa, according to the Friday issue of British magazine 'The Economist'.

The magazine puts Israel in the leading position and Lebanon in the second. Morocco and Iraq come in the third and fourth places consecutively, while Palestine in the fifth position before Kuwait.

The magazine published its prediction on where and how democracy will spread in the Middle East and Africa next year.

The international weekly news and business magazine's Index of Political Freedom ranked 20 countries on 15 indicators of political and civil liberties for its annual preview of the year ahead.

It found a wide range of democratization now exists across the region. The following list shows the countries and areas in descending order of perceived political freedom, with 10 indicating a perfect score.

1. Israel 8.20
2. Lebanon 6.55
3. Morocco 5.20
4. Iraq 5.05
5. Palestine 5.05
6. Kuwait 4.90
7. Tunisia 4.60
8. Jordan 4.45
9. Qatar 4.45
10. Egypt 4.30
11. Sudan 4.30
12. Yemen 4.30
13. Algeria 4.15
14. Oman 4.00
15. Bahrain 3.85
16. Iran 3.85
17. UAE 3.70
18. Saudi Arabia 2.80
19. Syria 2.80
20. Libya 2.05

The United Nations Development Program (UNDP)'s Human Development Program (HDR) report said that out of a total of 177 countries, the report ranks Kuwait 44 (up by two places from 2003). The best performers among Arab states are Qatar, ranked at 40, UAE at 41, Bahrain at 43, and Oman at 71.

The gender-related development index (GDI) for Kuwait ranks 39th, with a value of 0.843. It gets a thumbs-up when looking at building the capabilities of women; Kuwait emerges as the best performer among Arab countries.

The study finds that child mortality rates underline one of the central lessons of human development: the links between income and social progress are not automatic.

On average, the UNDP records fall in mortality rates as incomes rise.

However, countries at similar levels of income display large variations. For example, Honduras and Vietnam have far lower levels of neonatal mortality than India and Pakistan. As such facts suggest, economic growth is not a guaranteed route to faster progress in cutting child deaths.

Two-thirds of all child deaths occur in 13 countries. Of these, only two -
Bangladesh and Indonesia - are on track for the MDG target. Another four - China, India, Niger and Pakistan – will achieve the goal between 2015 and 2040.

The remainder - a group that includes Afghanistan, Angola, the Democratic Republic of the Congo, Ethiopia, Nigeria, Tanzania and Uganda — are either more than a generation off track or going backwards.

Similarly, gender inequalities continue to limit girls' education. Even with the narrowing of gender gaps on average, girls can expect to receive one year less of education than boys in African and Arab states, and two years less in South Asia.

The report focuses on three pillars of cooperation, each in urgent need of renovation in development assistance, international trade and security. - AFP

The Lions of the Peninsula case

The Public Prosecution is seeking capital punishment for most of the 37 accused of joining the ‘Lions of the Peninsula’ a terrorist group. As they feel the noose tightening around the neck of their clients some lawyers are even pleading that their clients were only getting ready to fight the American forces in Iraq and ask the court for leniency in a desperate attempt to get a lesser punishment. A member of the American embassy was attending the hearing.


'Qaeda 'lions' not targeting Kuwait'
Kuwait Times, Sunday, November 13, 2005

KUWAIT: Defence lawyers said yesterday that six suspects on trial for allegedly plotting to attack US troops in Kuwait and local security officers had been preparing to go to Iraq to fight, not to attack targets at home. The defendants are among 37 Kuwaitis and other nationals accused of joining the Lions of the Peninsula, a group the prosecution claims was planning the attacks. Some are also facing counts of killing policemen in unprecedented clashes in January that led to their arrests. Weapons, bombs and chemicals that could be used for making explosives were found in their possession.

But the defence argued the six - three Kuwaitis and three stateless Arabs who live in Kuwait - were planning to go to Iraq and asked for leniency from the court. "I believe those young men have been deceived, and the way to deal with it is not tough sentences, "defence lawyer Khaled Al-Abdul-Jalil told the three-judge panel. "They readied themselves only for jihad (holy war) in Iraq," he said. After seeing the "crimes of the Americans in Iraq," including killing Muslim children and women, they believed that "jihad was their duty."

Kuwaiti authorities broke up the cell after the clashes in January, which left eight suspected terrorists and four policemen dead. The group's alleged leader, Amer Al- Enezi, was captured in one of the confrontations. He later died in a hospital of what the Interior Ministry said was a heart attack. Some defendants complained in court they were terrorised into confession by being shown his badly tortured body.

Tarek Al-Khars, another lawyer for the six defendants, said they were "ready to travel to Iraq" but were ordered by their leaders to remain hidden in safehouses after the first clash took place Jan 10. After their arrest, the men were tortured by state security officers, Al-Khars said. Many had claimed torture when the trial opened in June and showed the court what looked like beating marks on their backs. The court formed a panel of three medical school doctors to examine the men, but lawyers said its report was "incomplete." The president of the court, Judge Hani Al-Hamdan, adjourned till tomorrow. — AP

Perhaps, if Dr. Waleed Al Tabtabaei (Tabtebae) MP and Chairman of the Human Rights Committee at the National Assembly did is job, US Ambassador Richard LeBaron wouldn’t have to do it!

As the chairman of a human rights committee, Dr. Waleed Al Tabtabaei has been doing very little or nothing to curb human rights violations. Apart from helping Islamists when they get arrested in connection with terrorist acts he normally remains silent over the violations taking place on a daily basis. It didn’t surprise me when he opposed granting political rights for women. His complaint against LeBaron doesn’t surprise at all. What does is the fact that he is urging the Kuwaiti government to hurry up with the new labour law instead of waiting for foreign criticism.

'US ambassador interferes in
Kuwaiti matters'
Kuwait Times, Saturday, November 12, 2005

KUWAIT: A number of Kuwait parliamentarians, including members of the human rights and labour committees, expressed their total rejection of recent statements of the US Ambassador to Kuwait, Richard LeBaron concerning the rights of expatriate workers in Kuwait, informed sources told Kuwait local daily, AI-Rai AI-Aam.

The sources noted that the MPs responses were rough and that they accused the US diplomat of interfering in Kuwaiti domestic issues.

On his part, member of the parliamentary human rights committee, Dr Waleed AI-Tabtebae slammed the ambassador for such statements and accusations against Kuwait and reminded him of the miserable situations of Mexican, Negro and racial minorities back in the United States, and the inhumane treatment and violations to all human rights in Gitmo and other secret prisons in Eastern Europe.

"If he puts us in the third grade in this regard, then we can place US in the last grade according to US non-governmental originations reports", stressed Tabtebae urging LeBaron to pay more attention to human rights violations in his own country instead of interfering in others' businesses.

He urged the Kuwaiti government to hurry up with the new labour law instead of waiting for foreign criticism.

“We thank HE the Ambassador of the United States of America to Kuwait Richard LeBaron..."
Arab Times, Tuesday, November 15, 2005

Columnist and Professor of Kuwait University's Political Science Department and the Director of the University's Strategic and Future Studies Centre Dr Shamlan Al-lssa wrote for Al-Seyassah daily Monday.

“We thank HE the Ambassador of the United States of America to Kuwait Richard LeBaron for his recent statements related to foreign manpower in our country, in which he thanked the government of Kuwait for its efforts to fighting trafficking in human beings in a bid to protect the foreign work force in the country.

In his statements, the US diplomat praised the set of legislations which has been enacted by Kuwait to reorganize the employment of foreign workers in the country. He also confirmed the importance of enforcing legislation and imposing penalties on employers who fail to abide by them.

In the meantime, we thank the ambassador for his valuable advice calling to enforce the legislation, indicating the values of these legislation rests in translating its content into a reality.

Ironically, the MPs belonging to the political Islamic currents in Kuwait's National Assembly instead of thanking the US ambassador to Kuwait for his advice in question, they strongly criticized him and accused him of interfering in our country's internal affairs. Not just that, these MPs also slammed the US policy in dealing with the black and Mexican minorities in the United States of America.”

Kuwait bid to fight trade in humans draws praise; Translate words into action: LeBaron
Arab Times, Thursday, November 10, 2005

By Boie Conrad Dublin - Arab Times Staff

KUWAIT CITY, Nov 9: US Ambassador to Kuwait Richard LeBaron applauded recent steps taken by the government of Kuwait to combat Trafficking in Persons (TIP), while calling for urgent action to improve the situation of domestic workers.
Speaking in a roundtable discussion with members of the local media Wednesday at the US Embassy, Ambassador LeBaron also commented on a number of additional measures that should be considered to ensure continuous progress in combating TIP.
Among the proposals made by LeBaron were: manpower companies must deposit a sum with the government from which funds can be drawn to pay unpaid salaries of workers; and banning abusive employers from sponsoring another domestic helper and setting a minimum wage for domestic helpers and a hotline that was introduced for reporting abuse, delinquent salary payments, and the ban on work in the hot summer sun.
He commended the government’s announcement concerning the creation of a three-party consensus between the employee, sponsor and recruitment agency to provide workers with rest time, paid leave, on-time payments and other guarantees.
LeBaron also commended steps such as the establishment of shelters for workers seeking refuge from abusive employers. “Such shelters however, should also be able to help workers on legal matters pertaining to their problems and not serve as half-way houses prior to deportation,” he said.
LeBaron also mentioned the issue of child jockeys but added though this is not prevalent in Kuwait, it should be looked into and measures taken to prevent the exploitation of young boys in this regard.
He recognized the designation of the Ministry of Social Affairs and Labor to lead an inter-ministerial committee to coordinate anti-TIP efforts and the commendable work done by the Public Authority for Youth and Sports to enforce an existing child jockey ban which prohibits children under the age of 18 to work as such, noting that robot jockeys are being designed and tested to replace child jockeys.
He likewise applauded the participation of the government of Kuwait in productive discussions with Ambassador John Miller who is the US government’s overseer on TIP-related matters, during his visit to the country to address the situation and identify areas for immediate action.
In his remarks to the gathering, LeBaron said he was often asked to compare Kuwait’s performance as regards the issue of TIP which he said was not an easy one to answer much less delved on without taking into consideration Kuwait’s record as regional leader in the areas of democracy, giving women an active role in society even before their attainment of political rights, and free expression.
The above-mentioned accomplishments however, do not match that with regards to efforts in protecting expatriate workers from abuse and exploitation, according to him. “That’s why Kuwait has remained in Tier 3 ranking of countries on the US watch-list of countries with a poor track record concerning TIP,” he added.
“The goal is not just to reach a minimum standard in trying to improve workers’ conditions but to do much more by implementing and strictly enforcing laws meant to protect the rights of workers,” he said. LeBaron said he was heartened by public statements by some government officials concerning the issue which shows that people are taking notice of it. He however added mere words alone will not suffice unless translated into action.
The US ambassador also lauded the media for its coverage of the issue, saying “I think a critical part of solving the problem is shedding a light on abuses and making constructive suggestions on how to correct them through the media.”
He expressed hope that the steps taken would be followed by full implementation of laws and regulations, stressing that “laws and ministerial decrees are only as effective as their implementation,” and further added that it is difficult work requiring skill, tact, determination and political will in the face of some long-standing practices.

Kuwait is a third-class country
Arab Times, Thursday, November 3, 2005

By Ali Ahmad AI-Baghli, Former Oil Minister

RECENTLY our Justice Minister announced that Kuwait has been upgraded from Tier 3 to Tier 2 on the US watchlist on "Trafficking in Persons Report." Our joy at this development proved short-lived because the US Ambassador to Kuwait Richard LeBaron soon shocked us with a message to Foreign Minister Sheikh Mohammad Sabah Al-Salem saying, "Kuwait is a third-class country because children, who are under 18 years of age, and domestic maids are still being abused in the country and the government has yet to take any step to remedy the situation."

In his message Ambassador LeBaron also said, "Qatar and the UAE have a better record than Kuwait as both these countries have taken firm legal action against those who abuse children. They have also passed laws banning the use of children as jockeys in camel races." Indicating Qatar and the UAE have set up shelters for victims of human abuse to repatriate them to their home countries, in coordination with the concerned governments, LeBaron said, "Qatar has constructed seven villas as shelters for such victims while the UAE has launched an awareness campaign to educate expatriate labourers on their responsibilities and rights."

Some countries have passed laws to punish those who abuse children, the US Ambassador noted.

At this point, we must stop and ponder over what we have become. We must look back in anger and hold the concerned officials responsible for bringing us this shame. Kuwait had hundreds of modem and civilized laws before any other country in the region knew the definition of law. However, over a certain period, let us say some 20 years ago, we failed to improve our laws to bring them to be in tune with the new era, where the whole world has become a small village. In this era of instant communication, what happens in a remote corner of the world can be watched live on TV by the rest of the world. No country can claim privacy or cry "interference in our internal affairs" if the issue in question has anything to do with respect of human rights.

For a long time we have been crying hoarse on the need to ban the use of children as jockeys in camel races. However, the only thing the government has done so far on this issue is to ban the telecast of such events on television to ensure the scandal doesn't become public. In the early Nineties, we demanded the establishment of shelters for domestic maids who run away from their sponsors, who treat them as if they were slaves. Instead of acting on our suggestions, the government paid attention to some narrow-minded persons, who are not shaken by the malpractices in our society but are interested only in standing against musical concerts and other such trivial issues.

We must ask our Justice Minister to withdraw his announcement that Kuwait has been upgraded from Tier 3 to 2. Kuwait is still a backward country because of people like you and others who, according to international criteria, don't believe in human rights.

albaghlilaw@hotmail.com