Distressed Filipinas in Kuwait
Manila Times, Wednesday, February 1, 2006
By Dan Mariano

The OFWs’ contribution to our economic survival is beyond doubt heroic when we remember that far too many of them must work under oppressive conditions. Among the most exploited are the thousands of Filipinas “in distress” in Kuwait.

The Kuwait situation is contained in a 430-page submission by the Department of Foreign Affairs titled “Report to Congress,” which surveyed working conditions in all countries where Filipinos work. Excerpts from the report were circulated to the press by Sen. Ralph Recto recently.

An estimated, 73,000 Filipinos—60,000 of them women, mostly domestic helpers (DHs)—are working in Kuwait. According to DFA, Kuwait accounted for two out of five Filipino runaways who sought refuge in our 82 missions overseas in the second half of 2004. Of the 5,583 cases of “Filipinos in distress” handled by our consulates worldwide from July to December 2004, exactly 2,122 were DHs who ran to Filipino diplomats in Kuwait for help.

During the same period 1,043 Filipinas were repatriated after they ran afoul of Kuwaiti law or had a falling out with their employers. One in every 12 cases of OFW repatriation last year was also from Kuwait. The DFA said it handled 12, 613 repatriation cases worldwide during the same period.

The DFA report said, “Domestic helpers are the most vulnerable to exploitation and abuse as they are not covered by the Kuwait Labor Law.”

It added: “They are not allowed to use their cell phones. They usually work from early morning until late in the evening and majority do not have rest days. Since they are not permitted to go out of their houses, their only recourse if they want to complain of the abuses of their employers is to escape. Their employers in turn file absconding cases against the DHs.”

During the six-month period covered by the report, the Philippine Embassy in Kuwait received complaints of verbal abuse (239), “inhumane treatment” (165), “overwork” (230), “lack of food” (159), “physical maltreatment”(100), “unpaid salaries” (89), “no rest day” (72). Seven Filipinas alleged they were sexually harassed and six complained of rape. These incidents do not qualify as “isolated cases.”

One of the Filipinas who found herself in distress, Marilou Ranario, is set to be executed after she was found guilty by a Kuwaiti court of killing her female employer last year. Without condoning the crime she was found guilty of, it should not be too hard to imagine what drove Ranario to murder.

“It’s really a catalogue of misfortune,” said Recto.

The senator might as well have added that we are a nation that has managed to remain economically afloat in a sea of OFW blood, sweat and tears. To be sure, that is not a novel insight—but what have we been doing to put an end to it?

Trina Flowers, an American teacher, victim of the corrupt Kuwaiti system

By Ben Rivard
Human rights defender

Trina Flowers, a female American teacher, used to teach English at the Kuwait University at the faculty of medicine. After completing her one year contract, she was offered a position at A’takamul Int’l School whose C.E.O. is Dr. Ibrahim Al Khulaifi who used to work for the martyr’s bureau at the Amiri Diwan.

In March 2002, Miss Flowers claimed that she was fired from the school under false pretexts because she refused to pass students who had failed. She filed a complaint at the Ministry of Social Affairs and Labor where she was not allowed to testify and present documents supporting her claim. On the other hand, the lawyer representing the school was allowed to proceed unopposed. The M of SA&L, most probably because of Al Khulaifi’s wasta, decided not to get involved in the case even though it was the Ministry’s jurisdiction and responsibility to enforce the contract between the parties. Miss Flowers was told to file her case in Labor Court if she wished to pursue the matter.

On April 23rd 2002, Miss Flowers filed case 550/2002, Labour First Instance /8 against her employer requesting financial compensation for the remaining period of her contract. On January 12th 2003, the Labour Court ruled in favor of Miss Flowers stating that the reasons for firing Miss Flowers were unsubstantiated and, because of a mistake made by the experts department in the report 1082 / F1 / 2002, the school was ordered to pay only half of her labor dues. In retaliation, on February 9th 2003, an absconding case was filed by the employer at the Rumaithiya police station against Miss Flowers. The employer made a false declaration stating she was absconding when in fact, there was a case in court because he had fired her almost a year before. As a result, an arrest warrant was issued against her. On the very same day, the school appealed the ruling in case 141 / 2003 – Labor / 2. On October 12th 2003, the Appeal Court upheld the previous ruling in favor of Miss Flowers.

At this point, Miss Flowers had been unemployed for 19 months and had not received a single fils to support herself. During the legal proceedings, Miss Flowers had asked the M of SA&L to authorize the transfer of her residency under another sponsor to be allowed to work to support her basic needs. Also, her residency which was set to expire on December 25th 2002 was automatically extended until the end of the case. The Ministry refused her request even though she was authorized to do so under the labor law. As a result, she could no longer pay for her flat and other basic needs. She had promised the owner to pay the rent as soon as the court would release her money but in vain. A Good Samaritan had given her some money to pay for her flat but the new owner who was renting the other flats for twice as much didn’t miss this opportunity. He refused to take her money and had her thrown out of her flat in March 2004. She then used the money given to her to rent the cheapest flat she could find and support herself until she could legalize her status and be allowed to work or leave Kuwait of her own free will.

Meanwhile, she had been to the Hawally court more than a hundred times to collect the money awarded to her in the labor case but, due to corruption, she was always told to come back the following week. As a result, those she owed money to wouldn’t wait any longer and had filed cases and travel bans against her. Playing the stupid game, the court clerks were asking her to pay these people before releasing her money which was meant to pay her depts. As a result, she was not able to get her due until October 4th 2004 on which day; the Consul of the American embassy accompanied her to the court and wasn’t going to leave the building until she gets her money.

At this point, she had been unemployed for 31 months; she had false absconding charges filed against her; an arrest warrant was still in effect because of the false statement provided by the employer; she had travel bans against her; her residency had expired so any services requiring a valid residency were denied since December 25th 2002 and; she was not allowed to work either.

Even though she had legal rights, she was treated as an illegal but couldn’t leave Kuwait due to travel bans.

The complicity between her ex-employer, the M of SA&L and the Ministry of Interior made her life in Kuwait literally impossible. Many times she went to the MOI about the false absconding charges and when she produced the court documents proving she was illegally fired and wasn’t absconding, some police officers ignored the evidences and detained her on three different occasions. She tried to file criminal charges against her ex-employer for filing false charges in order to mislead the authorities but every time, the public prosecution and the police stations refused to take the complaint without giving any reasons.

While fighting for her legal and human rights, other expatriate workers and Kuwaitis asked her for help with their own legal issues which she always did for free even though she needed the money. She visited every ministries, government bodies and human rights groups for help. Very few people actually tried to help and every time they looked into her case and realized how much corruption was involved, they became too scared to do anything. As a result, because she was continuously denied her rights, she became more frustrated and desperate but determined to fight for her rights no matter what.

As she became more vocal and started to publish on the internet about her case and others, once again, wasta and corruption came into play. She was arrested on September 29th 2005, detained then deported on October 17th 2005 after being victimized by a corrupt system for 3 years and 7 months while she never got legal remedy for the abuse she was victim of. She had committed no crime and all she was asking for was her legal rights to be respected. Instead, the rules of corruption were enforced and the victim was punished.

I witnessed all of it and saw all supporting documents.

Filipinos rally behind maid facing death
Kuwait Times, Thursday, February 2, 2006
By Nancy Oteifa

KUWAIT: There are about 60,000 Filipinas working in Kuwait as maids. Some of them are lucky to work with kind Kuwaiti families while others face many problems with their sponsors. Sometimes these result in the maid fleeing the house; or at other times they can result in abuse, suicide or murder. The difficulties maids experience with their sponsors is a huge issue and the Philippine Embassy has an office dedicated to this issue. Problems can also occur if a sponsor catches a maid entertaining a boyfriend in the family home or involved in behaviour deemed inappropriate. Sometimes the issue is beyond the embassy's control and must be resolved in the Kuwaiti courts, though this does not stop the embassy getting involved. The courts are now tackling the issue of Filipina maid Marilou Ranario who was found guilty of murdering her employer with a kitchen knife.

Ranario was a teacher in the Philippines but due to economic hardships, came to Kuwait to find work. She has been sentenced to die, though her friends, family and relatives in Philippines are willing to pay blood money to the victim's family. "The embassy can't say anything about this case because it's still in the court and we don't have permission to talk," the Philippines ambassador to Kuwait Bayani Mangibin said.

In an exclusive interview with Kuwait Times, Hashim Majid Mohammed, General Manager of the Kuwait Union of Domestic Labour Offices said the court will reach a fair decision. "We have no idea why the maid killed her boss and it's not our job to investigate, but whatever happened, the court will be fair. If the maid had the 'right' kill her sponsor, then she should not be executed and should only spend time in jail. It also depends if the lawyer asks to transfer the case to the Court of Appeal. The case is confidential and several lawyers are working to prove her innocence," he said.

Many Filipina maids are scared to work in this country anymore, while others are protesting what is happening to their compatriot. "I will not tell my name because I don't want to be hanged by my boss, but I must say that what happened to Ranario is unfair and I am sure she was forced to kill the woman," a Filipino driver said. His friend, who also refused to give his name, said, "Kuwaitis treat us badly and they forget that we are human beings too and that we deserve treatment. Plus they don't pay us our wages regularly and when we ask for them, we are beaten to death".

"I have been here for more that two years with the same sponsor. He is a kind man but his wife is so mean to me that she pulls me by my hair and throws me on the ground," a Filipina named Sally said. "She thinks there is a relationship between me and her husband and this is why I decided to wear the hejab and leave them. I can feel what Ranario feels and I am sure she was 100 per cent aware when she killed her boss, because they are all the same and they deserve it."

"I think Ranario is innocent and she doesn't deserve to die. Maybe she should spend some time in jail. We all make mistakes but who knows what her boss did to her that lead her to such a drastic action," said Lili, a hairdresser. Another woman Jouiee said not all Kuwaiti sponsors treat their maids badly and sometimes maids do not treat the children in their care as they should, thus provoking the wrath of parents. Philippine Vice-President Noli De Castro is expected in Kuwait soon to mediate on behalf of the woman awaiting the death sentence.

Suffering Bangladeshi workers feel unwelcome in Kuwait
Kuwait Times, Wednesday, February 1, 2006
By Velina Nacheva

KUWAIT: Approximately 150 low-paid female workers from Bangladesh employed by a private company have not been paid their wages for the past seven months. On top of this, they have not been issued proper documentation or medical insurance. The women arrived in Kuwait with three-year contracts to work as cleaners. Kuwait Times learned that the employment contract for 500 workers was signed between the state-owned Bangladesh Overseas Employment and Services Limited (BOESL) and the local cleaning firm. A group of about 150 arrived a year ago after each worker had paid KD 140 for their ticket and KD 10 for their visa.

Initially, as per the contract, the women came for 11 months, including a three-month probationary period. Shahriar Kader Siddiqy, First Secretary, Labour and Welfare Wing at the Bangladesh Embassy in Kuwait, explained that after the first year expires, they have the opportunity to go back to Bangladesh and return for another two years of employment. The first year has expired and now none of the Bangladeshi workers have a valid iqama (residency visa), civil ID or medical insurance. According to the contract, their employer was fully responsible for each employee's medical insurance, accommodation, KD 35 monthly salary and a ticket to return home after 12 months of service.

On arrival, these women - who hail mostly from rural areas in Bangladesh - faced poor living conditions, no medical coverage and non-payment of salaries. "In the beginning they were not even provided jobs," Shahriar told Kuwait Times. He further explained that this is not an isolated case. Of the 3,000 workers employed by the same company, many have complained to embassy officials. Many were not paid their salaries for a long time. "After the first year of their contract, employees are sent back home," he said, stressing the fact that the contract was signed a three-year period.

"If we go home now, we will have to pay a KD 2 per day fine. We have no such money," Debby, one of the cleaning company's employees, said. She said the general practice of the company was to deal with the workers on a daily basis. In order to avoid paying for a return ticket and a visa, the company files a false case with the Shuoon (Labour and Social Ministry's department in charge of work permits) on the grounds of having a 'runaway' employee. "If any of us are caught, we have to be deported," another of the company's employees said, adding that the deportation costs are not paid by the company and thus is an economic way to send workers back home.

Allegedly, there is a third case of noncompliance with the labour laws that these employees have experienced.

According to Shahriar, many of the company's employees were told to pay in order to get their passports back. This fee varied depending on the length of their stay out of the country. "If you are going on holiday, some employees have to pay KD 150; however, if you are going for good then the price amounts to KD 100," he said, adding that these figures are based on the employees' experiences. After talking to the company about this practice, Shahriar said the cleaning company called these sums "reserve money".

Taking the matter further, the Bangladeshi embassy took steps to solve the problem. After a couple of meetings with the representatives of the company, Shahriar realised that waiting for a solution was not the best option. An embassy team approached two other employers, who agreed to hire the women as cleaners in government schools in a bid to solve the problem. However, a letter of release, issued by the company, is needed in order to put an end to the situation. Therefore, all the necessary papers, data and passport copies have been sent to the Shuoon. "If they are not released by the company, we will go to court. We have no other option," Shahriar said.

Meanwhile, the embassy has helped relief organisations assisting the women and redirected those in need of medical treatment to the hospital. "If the embassy does not send you to the hospital, the government will not pay for any medical expenses," Shahriar said. Debby and Anuara both had to pay KD 550 for their visas to come to Kuwait. Each left a family and two children to come and work in this oil-rich country. "How am I going to support my two daughters now," Anuara said, explaining that KD 25 is not even enough for food, let alone to send money back home. "Plus, we have not been paid for seven months now," she said.

"Bangladeshi people are not welcome in Kuwait. They constantly face problems here," she remarked sadly, as she showed the inhuman conditions of the accommodation the company provides for them, a half-crippled three-storey building accommodating 100 women. Between six to nine women share a room. The smell of leaking gas and home-cooked food 'welcomed' the reporter as they entered the building in Jleeb Al-Shuyoukh. The slum-like conditions and lack of proper water and plumbing have caused many problems for these women. They haven't been paid, have left their families behind and all they hope for is a quick solution. They paid hundreds of dinars for visas and promised to send money home. "We are stranded and there is no way out," said Nashima, holding a photo of her young child.

Bangladeshi cleaners file case against employer
Kuwait Times, Tuesday, January 31, 2006

KUWAIT: About 100 female Bangladeshi workers filed a case against their employer with the Ministry of Social Affairs and Labour for failure to pay salaries. The women, who work for a cleaning company in Kuwait, claim that they have not received their salaries for the last four months.
The women earlier went on strike for two days to protest against the lack of wages and raise awareness of their plight. One of the workers told Al-Qabas "The company did not pay our salaries and some of us do not have valid residency because the company does not pay attention to workers' affairs."
The Social Affairs Ministry confirmed that a case had been filed and an investigation launched into the company's payment practices. A source in the ministry said that the company had agreed to send an agent to the ministry to meet with government officials and a representative for the striking employees.

Labour treaty needed

Kuwait Times, Thursday, January 26, 2006
Arabic Press Review

By Dr Sami Alrabaa

Al-Qabas reports (Jan 24) that the President of the Philippines Gloria Macapagal Arroyo ordered her Embassy officials in Kuwait to do everything possible to save the life of Ranario, a Filipina maid who is convicted of murder. Ranario used to work as a teacher in the Philippines before she was recruited to work in Kuwait as a maid. For stabbing her Kuwaiti employer, Ranario received the death penalty. Ranario's act was in response to her employer's repeated humiliation and maltreatment. Al-Qabas also reports that around seven million Filipinos work overseas and remit home annually about $10 billion.

My comment: The death penalty is arguably controversial everywhere in the world. But what strikes me is that a Filipina has to commit a crime before the President of the Philippines wakes up and rushes to save the life of one of her compatriots. The case of Ranario should drive Ms Arroyo to order her officials to work out a labour treaty with the Arab Gulf countries whereby Filipinos, unlike their colleagues in Hong Kong and Singapore, are severely ill- and inhumanely treated. Decent contracts have got to be worked out and must be legally binding. Minimum wages and limited work hours have got to be included in the contract of each and every recruited worker. Human work conditions would protect Filipino workers overseas from crimes committed by both workers and their employers. We often hear and read that maids commit suicide or kill their employers. Crime is crime whether it is instigated by employers or committed by employees. The work conditions of maids and servants in the Arab Gulf countries are intolerable. The state of the Philippines is benefiting from the remittances of its citizens working abroad. In return, Manila must work on improving the work conditions of these people. It is in the interest of all.