Kuwait urged to end ‘kafala’ system – Kuwait calls global action to battle human trafficking

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KUWAIT CITY, Sept 8, (AFP): A UN rights expert on Thursday urged Kuwait to abolish its “kafala” system for foreign workers which has long been criticised as a form of bonded labour or even slavery.

Under the system, domestic workers are forced to work long hours, mistreated and beaten, prompting hundreds to fl ee every year, said Maria Grazia Giammarinaro, a UN special rapporteur on people-trafficking. “The kafala system … creates a situation of vulnerability which favours abusive and exploitative work relationships,” she said.

The kafala system restricts workers from moving to a new job without their boss’s consent before their contracts end, leaving many trapped. Human Rights Watch and other groups have documented widespread abuses under the system, including non-payment of wages, long working hours with no rest days, physical and sexual assault, and no clear channels for redress.

Similar systems operate in all six member states of the Gulf Cooperation Council, where about 25 million foreigners live and work. Kafala should be “replaced by a different regulation allowing migrant workers to enjoy substantial freedom in the labour market,” Giammarinaro said at a news conference after a fiveday visit to Kuwait. She welcomed a number of “positive” developments in Kuwait, including the opening of two government-run shelters for female domestic workers who leave their employers.

In July, Kuwait became the first Gulf state to set a minimum wage for its hundreds of thousands of mostly Asian domestic workers. In its 2016 “Trafficking in Persons” report, the US State Department upgraded Kuwait from tier three, the worst level, to tier two while keeping it on watch list, citing an improvement in its treatment of migrant workers, including maids.

Kuwait calls global action to battle human trafficking
Minister of Justice, Awqaf and Islamic Affairs Yaqoub Al- Sanea said on Thursday that human trade constitutes flagrant breach of human rights and dignity.

These rights are safeguarded by the State of Kuwait Constitution and national legislations, he said in a statement as he emerged from a meeting with the UN Special Rapporteur on trafficking in persons, Maria Grazia. Government of the State of Kuwait believes that trade and trafficking in persons is a major challenge in the face of the international community, thus it warrants collective action to face it, the minister added.

Law No. 5/2006 stipulates approval of the UN convention on combating organized crime and its two affiliate protocols. The convention bans and penalizes trading in human beings, namely children and women, combating immigrants’ trafficking. Another Kuwaiti Law (No. 91/2013) deals with combating such illegal trade and smuggling.

Moreover, the State of Kuwait regularly responds to international reports regarding human trade. The UN envoy is currently visiting the country to be apprised of the State efforts against such illegal activities.

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