The Daily Star, Saturday, April 15, 2006
Ricky (Amir) Laxa
KUWAIT: A Filipino domestic worker was locked inside the bathroom by her employers, who then left on a ten-day holiday. The maid, who was able to escape through the bathroom window, fell to the ground and sustained a broken hip bone and bruised knees. Bystanders rushed her to the hospital and representatives from the Philippine Embassy immediately filed a legal case against the employers.
Based on the complaint, the domestic claimed that her employers locked her inside the bathroom every time they would leave the house. She added that food and water were supplied to her inside bathroom.
The constant verbal and physical abuse became unbearable, and that is why she finally escaped, she said.
The domestic helper is currently in the care of the Overseas Workers Welfare Association (OWWA). She is recuperating from the injury.
An OWWA representative stated that there is an alarming rise in the number of physical, mental and sexual abuse cases amongst Filipino domestic helpers, and that the Philippine Embassy and Philippine Overseas Labor Organizations (POLO) are constantly providing care and legal assistance to the victims.
R.A., a representative and member from the association
of secretaries and administrators of placement agencies in Kuwait, stated that domestic helpers should contact agency representatives through lists provided to them should the need arise.
R.A. also claimed that most employers discourage or confiscate mobile phones for domestic helpers, and use of land lines is usually strictly prohibited. R.A. stressed the need for the helper to find every possible ways and means to contact their agencies or the
OWWA department at the embassy.
Ambassador of the Philippines to Kuwait Ricardo Endaya and POLO have taken strict measures to implement protection against the abuse committed against domestic helpers.
"We have suspended and stopped issuing job orders to local agencies that are currently facing legal cases, and we will continuously do so until they properly comply with labor rules," said Endaya.
104 Comments:
Ben Im sorry to say that when you post comments as above you come accross as nothing but a racist and a fool.
I know, it is a very awful thing to say. I just can’t understand why these things keep happening over and over in a country that should value freedom above all for it was taken from them by a vile dictator. They were lucky, other nationalities fought together to give it back to them. One would think they would repay the international community by respecting the freedom of those who come to Kuwait. I have been told many times that these abuses are committed by the few; what gets me the most is the fact it keeps happening because of the many who chose remain silent as they watch. Is it the moral stand they are taking? I’m not a racist. If I was, why would I care? I may be a fool because I care. You have no idea how often I have been asked why I care about these people. Ironically, I am asked by some of those who consider themselves good Christian or good Muslim. Obviously, they are missing something very important.
Tom,
While under normal circumstances I might agree with your comments about Ben; however, I know exactly how he feels in regards to Kuwait after seeing year after year after year of the most horrendous human rights abuse cases and the Kuwaiti authorities protecting the Kuwaiti violators and then to add insult to injury continue violating the victims. That's the norm.
On the very rare occasion a victim might partially receive some sort of redress that usually is no where adequate for the violations suffered.
To give you an example of how the majority of people are treated by the Kuwaiti authorities including those all the way at the top of the Kuwait government read the following:
DATE: 6 March 2005
TO: MP Mohammed al-Rasheedi,
Legal Researcher, Human Rights Committee, Kuwait National Assembly; Jassem al-Qattami, Chairman, Kuwait Human Rights Society; Sheik Mohammed Abdulla al-
Sabah, Chairman, Citizens
Services and Governmental Bodies Assessment Agency, Seif Palace; Hamad al-Othman, Chief
Prosecutor, Public Prosecution, Justice Palace;
Charles Glatz, Consul, US Embassy, Kuwait
FROM: Trina Flowers, day 1079
SUBJECT: Request to file criminal
complaint due to denial of due
process
MP al-Rasheedi, Mr al-Qattami, Sheik al-Sabah, Mr al-Othman and Mr Glatz,
I am requesting that I be allowed to file a criminal complaint against Dr Ibrahim al-Khualifi for his illegal acts that have resulted in three years of my illegal detainment and total loss of liberty in the state of Kuwait (enclosed is a copy of my court verdict and copies of the illegal charges Khualifi filed against me with the ministry of interior). As you will note the date of my court verdict was 12 January 2003 and the date Khualifi filed illegal absconding charges was 15 February 2003, which resulted in an illegal arrest warrant that was acted upon and a travel ban which is still current among other human rights violations.
I would refer the above mentioned individuals and organizations to consult Kuwait's Penal Code, in particular, part 2 "Crimes Relating to the Duties of Public Officials" articles 114, 116, 119, 121 and 123. Also, to part 3 "Crimes Related to the Course of Justice" articles 145 and 146.
Furthermore, I would refer you all to Law 17 of 1960, specifically, "Police Investigations" articles 40, 41, 42, 45 and 46.
It may behoove those concerned to also refer to Kuwait laws and definitions of conspiracy, co-conspirator, accessories after the fact and obstruction of justice.
All I am requesting AGAIN is to have the concerned authorities abide by Kuwait's laws.
On Kuwait's Liberation Day (26 February 2005) the Arab Times reported: "An unidentified Kuwaiti man recently filed a complaint with the Mina Abdullah Police Station accusing an American soldier of making indecent signs with his hands while driving along the Fahaheel Expressway."
Why is it a Kuwaiti man can exercise his legal rights and an American woman can not, especially since said woman has irrefutable evidence from both the ministries of interior and justice?
hand delivered to: Kuwait National Assembly, Kuwait Human Rights Society, Seif Palace, Justice Palace and US Embassy, Kuwait
c: blind copies
In the name of God, the Most Merciful, the Most Compassionate
State of Kuwait
Ministry of Justice
Court of First lnstance
In The Name of His Highness Amir of the State of Kuwait
Sheikh Jaber Al-Ahmad Al-Sabah
Court of First Instance
Circuit /Labor First Instance /8
Vide the session publicly held in the Court of First Instance dated 12/1/2003 chaired by Mr. Sayed Al Sharkawi, the Court Deputy and in the presence of Mr. Abdullah Abul, the Secretary of the session,
The following judgment is delivered:
In the case No. 550/2002, Labour First lnstance/8
Filed by: Trina Zaner Flowers
Versus: Legal Representative of Private Higher Education Foundation Company
Facts
Having heard the pleading and perusing, the papers:
Whereas the facts of the case are summarized in that the Plaintiff filed the case under a summons lodged with Clerks Department dated 23/4/2002 and served to the Defendant in its capacity on 30/4/2002 requesting the delivery of a judgment confirming her labor dues i.e. compensation of the remaining period of the contract, service indemnity and notice period payment on the basis of saying that she joined work with the Defendant dated 9/10/2001 as English teacher against a monthly salary of KD 875 and she continued work upto 24/3/2002 when she has been terminated. Whereas no amicable settlement is executed, she filed the present case.
Whereas the case is cognized through sessions as noted in its records and in the session dated 5/5/2002, the court ruled for delegating an Expert in the case in order to ascertain the dues of the Plaintiff as fixed in the text.
Whereas the Expert filed his report dated 28/7/2002 in which he concluded to the assured existence of work relation between the Plaintiff with the Defendant dated 9/10/2001 in the job of English teacher against a monthly salary of KD 875 and the work relation is expired on 24/3/2002 due to terminating her services by the Defendant and that the Plaintiff is entitled to a compensation for the remaining period of the contract amounting to KD 2625 and she is entitled to a service indemnity amounting to KD 232.464 and she is entitled to notice period payment amounting of KD 504.807 and that the total amounts entitled to the Plaintiff is KD 3362.271.
In the pleading sessions, the attorney attended on behalf of the Defendant submitted a docket contained some correspondence to the Plaintiff for the purpose of warning. He submitted a memo in which he rejected to dismiss the case and alternatively, to return the mission to the Expert in order to investigate the objections stated in the memo. The attorney attended on behalf of the Plaintiff submitted a memo in which he requested the delivery of a judgment determining the amount of KD 6125 and alternatively, return it to the Expert in order to calculate her dues. The court adjourned the case for judgment in the session of today.
Whereas it is legally established under the determinations delivered by the Cassation Court that the trial court may adopt the Expert report whenever the court is satisfied therewith and convinced with the reasons it is built upon and the report shall become integral part of the judgment. The court is not obliged to respond the request of returning the mission to the Expert as long as the court has found in the papers of the case and the report the sufficient elements to form its belief to determine the case. (Objection no. 10/87 Labor, session dated 22/6/87)
Further, the defense which the court is obliged with and shall confront and express the opinion therein is the substantial defense which may change the opinion in the case and the litigant submits the evidence in its regard (Objection no. 30/84 Civil, session dated 29/4/1985)
Whereas it is evident that the Expert report with which the court is satisfied because it is built upon sound technical and factual basis which are in accordance with the result it has concluded to then, the court is adopting it as built upon its reasons and is ruling for obliging the Defendant to pay the Plaintiff a sum of KD 3362.271 without having to return the mission to the Expert.
As for the expenses, the court obliges the Defendant in his capacity to pay the appropriate expenses thereof inconformity with Articles 119, 120 Procedural Law.
For these reasons
The court rule in a labor matter:- for obliging the Defendant in his capacity to pay the Plaintiff a sum of KD 3362.271 "Kuwaiti Dinars three thousand three hundred sixty two and Fils 271 only" and obliged him to pay the appropriate expenses and ten Dinars against the attorneys fees.
Secretary of the session Court Deputy
Signed Signed
Written by hand:
It is to be noted upon execution that a sum of KD 84.060 is to be collected as fees against the sum of KD 3362.271
Ministry of Interior 10:55:43
The Security Control January 10, 2005
Ban Order
Data Display
Data of the person
----------
The person no: 144409729 Type of the person: 1 Nationality: The United States
Name: Trina Zaner Flowers
Data of the ban order
----------
The banning authority: Department of immigration
Ban reference no: 150304361 Year of the ban 2003 Letter no: 2618
Name of the police station:
Case in the police station: Year: The number:
Case in the court: Year: The number:
The plaintiff:
Date of the request: February 9, 2003
Date of receipt: February 15, 2003 Time of receipt:
Date of issuance: February 15, 2003 Time of issuance: 15:18:29
The action: Cancellation of residency
Reason: Absconding
Date of expiry: December 31, 2999 Time of expiry: 00:00:00
Remarks: Station Al Rumaithiya 27/2003
Ministry of Interior 10:55:27
The Security Control January 10, 2005
Ban Order
Data Display
Data of the person
----------
The person no: 144409729 Type of the person: 1 Nationality: The United States
Name: Trina Zaner Flowers
Data of the ban order
----------
The banning authority: Search and Follow up Department / Immigration
Ban reference no: 150447214 Year of the ban 2004 Letter no: 3351
Name of the police station:
Case in the police station: Year: The number:
Case in the court: Year: The number:
The plaintiff:
Date of the request: November 27, 2004
Date of receipt: December 01, 2004 Time of receipt:
Date of issuance: December 01, 2004 Time of issuance: 16:13:23
The action: Arrest
Reason:
Date of expiry: December 31, 2999 Time of expiry: 00:00:00
Remarks:
The following is from Sheik Sabah's office. At the time he was Prime Minister, now he is the Amir.
From: "info"
To: "'Trina Flowers'"
Subject: RE
Date: Wed, 15 Jun 2005 12:54:46 -0700
Mrs. Trina flowers
Honorable lady,
Reference to your email addressed to his highness the Prime Minister’s Diwan and with regard to your complaint ,
We would like to inform you that the concerned bodies stressed that it is your obligation to abide by the implementation of the judiciary sentences issued against you ( Rentals-Attorney Fees ) and that the amounts deposited on your name would be paid out thereafter.
Please accept our highest consideration,,,
Diwan of His Highness the Prime Minster
The following is from an employee in Sheik Sabah's office:
From: "FaisaL AL-Mudhaf"
To: "'Trina Flowers'"
Subject: Stop E-Mailing Me.
Date: Sat, 11 Jan 2003 22:05:33 +0300
Dos the term, "Wrongful Displacement of Anger" Ring a bell!
Regards
FaisaL
Ps. Do you have a life? Nobody could ever guess it from your stupid e-mail. Only a lunatic without a job "like you" and plenty of time to devote to studying the most worthless details about there life. could send a message so full of ranting and meaningless facts. Or maybe they let you do
research in the back at Burger King... I don't need the likes of you sticking your incompetent nose in and wasting everyone's time. So from this point on, keep your ravings to yourself and spend your time on more worthwhile pursuits,
like finding out who really shot JFK! And Stop E-Mailing Me.
Trina Flowers this is your last Warning!!!
Stop Emailing Me with your ridicules issues.
c: blind copies
NOTE: The warning Faisal sent me was in BIG BLOOD RED LETTERING!
After being denied my rights to due process, held illegally in Kuwait for 1305 days, being arrested a number of times illegally, the Kuwaiti authorities had me jailed both in Salmiya CID Jail and then in Central Prison before illegally deporting me as if I was a convicted murderer.
I was in handcuffs and leg irons. They also brought a nurse on board the plane to inject me with a syringe of unknown substance without knowing any of my medical history and against my will!
My story is very tame and mild compared to many others.
So Tom you may begin to realize how some people would feel the same as Ben and there are lots of them all over the world. Ask some Kuwaitis why there are certain places they don't travel to anymore.
Dear Ms Flowers,
I have lived in the middle-East and Kuwait probably for longer than you and Ben combined. I still don't agree that sweeping generalisations help, in fact I believe that in ok'ing it, you are as bad as the Kuwaitis who you accuse. There are good and bad people the world over. You will get nowhere by complaining alone, when what people need is educating as to why their actions are wrong. You cant beat the system alone and you would be better off using more constructive means to change attitudes. Still, im sorry to hear what happened to you and wish you all the best.
Tom,
Ben and I concentrate on Kuwait only and we have a combined total of 12+ years in Kuwait.
You seem to assume information based on something other than facts while at the same time making blanket statements with no evidence to support them.
We are well aware of "good and bad people the world over;" however, as I said before we concentrate on Kuwait.
We are not going it alone contrary to your statement, nor is this by far the only site that posts facts on Kuwait's human rights abuses.
There are other "constructive" means currently being utilized. And Kuwait won't change until the government is shamed into changing by the international community and Ben and I know that a few blogs won't make that happen.
Education in Kuwait is something I researched extensively and that information is used in other venues and forums. You might want to do some background on that as well.
I do thank you for your comments and always welcome ALL comments from all walks of life. Also thank you for the kind sentiments at the end of your post.
"A thousand mile journey begins with the first step."
"It is necessary only for the good man to do nothing for evil to triumph."
"The price of championing human rights is a little inconsistency at times."
"Hypocrisy is a tribute which vice pays to virtue."
I want to thank Jamie Etheridge, managing editor of the Kuwait Times for the following article about human trafficking in Kuwait published in the Christian Science Monitor and inform her, her article is being used in other venues as supporting evidence of the numerous human rights atrocities taking place in
Kuwait.
I did a search of the Kuwait Times' archives to see if this article was published there; I did not find it there; however, it was also published by CBS news and is available on other databases as well.
* Stranded Workers: For today's story about illegal trafficking - and abuse - of workers in the Persian Gulf states, reporter Jamie Etheridge had no problem finding subjects to interview (page 13). "All I had to
do was call up the labor attache for the Philippine Embassy. He didn't have to hunt them down. There are dozens in the hallways trying to get home at any given time. The same is true of the Pakistani and Indonesian embassies," she says.
"The challenge is getting people to open up. If they're still working, they worry that if they talk to you they'll get fired," she says.
How big is the problem? The Emir of Kuwait is allowing some governments to use his private aircraft to send home workers who have fled their local sponsors. "He's flying back 200 to 300 women at a time. That's
happened at least twice in the past year I've been in Kuwait,"
says Jamie, who is managing editor of the Kuwait Times.
Headline: Gulf region's newest pipeline: human trafficking
Byline: Jamie Etheridge Contributor to The Christian Science Monitor
Date: 07/19/2005
(KUWAIT CITY)When Judy left her home on the southern coast of the
Philippines this spring, it was her first trip abroad and her first time on an airplane.
She was excited, nervous, and sad all at once.
Like many young Filipina women before her, awaiting her in Kuwait was the promise of a good job and enough money to support her family and save for school. She was to become a nanny and tutor to a young boy.
But on her first day working for the Kuwaiti family for whom she had been hired by a recruiting office in Mindanao, Philippines, her excitement quickly turned to fear.
Her new 'Mama' - what Asian maids in the Gulf call their female
sponsors - told her, " 'I don't like you, you are ugly,' " says Judy, who didn't give her last name, in an interview at the Philippine labor attache's office in Kuwait. "I didn't understand what was going on. I just wanted to cry."
Work began at 5 a.m. and ended at midnight. "I washed clothes, cleaned the floors, scrubbed toilets and sinks and bathrooms. And just kept doing that over and over again," she says. "All this and no food, no rest."
One day she waited until her sponsor was out, then packed a bag, and escaped to the Philippine Embassy joining hundreds of other Filipina women who have run away from their Kuwaiti employers to seek sanctuary at the Overseas' Workers' Administration at the embassy.
Unable to leave until her sponsor pays her back wages because she
cannot afford to buy a plane ticket home, Judy and the other women spend their days sitting in the embassy, unable to get another job and unable to go home.
Thousands of men, women, and children, most of them from Asia, will be trafficked to the Gulf this year to live as what the US State Department calls "modern day slaves." Most won't know until they get here what lies in store for them and hundreds will, like Judy, flee their employers, suffer physical, emotional and/or sexual abuse, and go home empty-handed.
The trafficking trap
In June the US State Department listed Kuwait, Qatar, Saudi Arabia, and the United Arab Emirates (UAE) among 14 countries that do little or nothing to stop human trafficking. Washington lowered all four to its
Tier 3 category, which could eventually lead to economic sanctions if these countries do not act to stem the flow of trafficking across their
borders.
The State Department says that 600,000 to 800,000 men, women, and
children worldwide are victims of trafficking - the recruitment,
transportation, or harboring of people by means of threat, force,
coercion, fraud, or deception for the purpose of exploitation and
forced labor.
There are no raw numbers on how many of these trafficked persons - who can end up being maids, factory workers, camel jockeys, or prostitutes - come to the Middle East. But the Gulf boasts one of the highest populations of expatriate labor forces in the world, with more than 10
million. In Kuwait, there is an average of one maid for every two
Kuwaitis and in the UAE, 1.6 million people, or 80 percent of the total population, are expatriate workers.
Washington accuses the Arab Gulf states of failing to "comply with the minimum standards for the elimination of trafficking and not making significant efforts to do so." The US lambastes Kuwait and its neighbors for failing to "take significant steps to address
trafficking, particularly efforts to prosecute trafficking crimes and protect victims."
The thousands of Bangladeshi, Filipino, Indonesian, Sri Lankan, and other Asian women and men who seek sanctuary at their embassies across the region each week see little improvement in their conditions.
Earlier this year a Kuwaiti sponsor brought more than 1,000 Pakistani laborers under false pretenses. According to the Pakistani Embassy in Kuwait, the men paid the recruiter several thousand rupees only to arrive in Kuwait and find no job, no place to live, no work or residence visas, and no chance of earning back the money they spent to
get here.
Recruiting scams are all too common. Trafficking victims say nationals from their home countries, as well as embassy officials and local citizens, often conspire to "recruit" hundreds of laborers, in exchange
for a fee. Too often, such recruits find themselves homeless, jobless, and seeking sanctuary in their embassies or being arrested and deported.
'Modern day slaves'
Marie, another young Filipina interviewed for this story, can barely hold back the tears as she tells her story. "I dreamed I wanted to go abroad to support my family ... and when I came to Kuwait I thought my dream came true but when I reached my employer they were at first nice
but then they kicked me and hit me," she says.
Like Judy, Marie eventually ran away. "I had a chance to escape and I went to the police station and an officer took me to the hospital." With the help of Philippine counselors, she filed a case against her sponsor for mistreatment and a court awarded her 500 Kuwait dinars ($1,712). But she has yet to receive the money.
In neighboring Saudi Arabia, a nongovernmental human rights watchdog, the National Human Rights Association, says that it has received about 2,000 complaints of abuse since it was established last year.
The State Department, in its annual trafficking report, says, "Saudi Arabia is a destination for men and women from South and East Asia and East Africa trafficked for the purpose of labor exploitation, and for
children from Yemen, Afghanistan, and Africa trafficking for forced
begging."
A spokesman for the Saudi Foreign Minister denounced the US report. "We are surprised by the contents of the report, and we disagree with most of what has been mentioned," Prince Turki bin Mohammed bin Saud al-Kabeer told Reuters. "The rules and regulations of Saudi Arabia
prohibit exploitation and trafficking of people. Our religion also does not accept this," he said.
The fight against trafficking
In the trafficking report, the US outlines specifically what measures it expects countries identified as the worst offenders to undertake in order to improve the situation. Speaking via videoconferencing at the
US Embassy in Kuwait on June 22, James Miller, senior adviser to the secretary of State and director of the Office to Monitor and Combat Trafficking in Persons, called on the government to combat its problems with "modern day slavery" by raising public awareness, improving labor laws to protect victims, and prosecuting offenders.
As most locals will acknowledge, the lifestyle of Gulfies (nationals from any of the Arab Gulf states) is built on a foundation of foreign labor. Most citizens' households - including high-ranking government
officials, human rights advocates, as well as labor activists - have at least one and often several servants including a driver, cook, and maid.
Some young women who are brought here to be trapped into domestic
servitude and often abused see no way out of their situation other than suicide. Instances of young Asian maids killing themselves by hanging or jumping off high buildings are a regular occurrence.
But for those able to escape, like 18-year-old Sittie Leng, there is
hope they'll eventually return home.
Ms. Leng flips her long hair across her shoulders. "Household chores are not meant for me," she says.
After signing a contract in Mindanao and arriving in Kuwait, she switched employers three times in four months. In the last house, she was made a babysitter and that suited her better. But after one month, she grew worried when she saw her employers beating the three maids.
"Shouting, hitting, beating, kicking, using the wood to hit. I was scared that maybe they would hit me next. The maids had black marks all over their bodies. Our employer is like a devil and that house is like a hell - a hell house."
The four of them eventually fled together. Now Leng thinks only of
going home. "I want to study nursing," she says.
When asked what she'll tell other Filipinas who think of coming to the Gulf to work, she laughs and shakes her head: "Beware," she says.
tom clearly is a Kuwaiti...as for that fact that he is he is an idiot...anyone who thinks the way this man does...is just another Hitler in the making...I only hope that "tom" is not in a place of power...or this world is in for a world of hurt...
anonymous,
I have suspected that "Tom" is Kuwaiti and if he is the one that I suspect he is in a position of power and taking his "orders" from another Kuwaiti even higher.
However, as history has proven Hitler's own men tried to assassinate him, he lost all power and committed suicide. Today the world is much different and faster than during WWII....
Even if the world is much faster than the old days...It still dorsn't change the fact that there is slaves in Kuwait...And "Tom" is still living in the ston age...You know...If I had a club in my hand; I could be arab too..."Me Tarzan you Jane"..
anonymous,
Yes there are slaves in Kuwait. While some Arab nations are backward, "Tom" isn't living in the stone-age as much as he and his ilk are tyrants.
Me Jane? Depends which Tarzan you are!
weekenddude,
Thank you for your comments. It's obvious you do not read critically or are able to analyze information objectively very well. You are equally guilty of committing the fallacy ad hominem.
You have demonstrated your level of education as well, it is no wonder you signed up as a new blogger so (you think) no one will know who you are. "You can run, but you can not hide."
Here's an aphorism for you: "Waste no more time arguing what a good man should be. Be one."
By the way, what took you so long? I've been waiting for a good laugh like the one your writing provided. I have a meeting later and will show your comments to others so they can have a good laugh too!
Thanks again!!!
Weekenddude,
Now that we all know how strongly you fell about events that took place outside your country, would you care to comment about the human rights abuses taking place in Kuwait? Why is it that most people do nothing about this problem in Kuwait? How do you expects things to get better when people continuously compare their wrong doing with worse events taking place in other parts of the world in order to feel better?
steve r,
actually weekenddude is a good example of just how many kuwaitis really are and I appreciate his comments (as well as the others) as more evidence of the reality. he also demonstrated his educational level which I also appreciate for more than the obvious reasons.
as for the Quran is concerned, I didn't meet any of them that couldn't cite verbatim most if not all of the Quran; however, what was surprising is the fact that I also didn't meet any of them that could explain in their own words even one sentence of the Quran.
what does that tell you?
also many of them truly believe they are the chosen race and are the masters of the universe and that other races are less than them (and not even really human) therefore, the atrocities they commit against others are sanctioned by god!
they will learn the errors of their ways the hard way.
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