Showing posts with label human rights in Kuwait. Show all posts
Showing posts with label human rights in Kuwait. Show all posts

NYTimes Lambasts Kuwait on Treatment of Domestic Maids

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In a groundbreaking article (and slideshow), newspaper powerhouse The New York Times, wrote a piece published yesterday on the labor situation in Kuwait, focusing on abuse of domestic female servents. The article also mentions that the US 2010 Department of State report put Kuwait, along with 12 other countries in low ranking for failing to do enough to prevent human trafficking. Furthermore, the article mentions the increased pressure that maids face during Ramadan, when they are expected to work longer hours.


The fact that the New York Times has taken on this topic is a big achievement for advocacy groups on human rights of domestic servents in Kuwait. Rarely does such an international journal touch on the subject with specific reference to Kuwait, and, as an indicator, the last time the NYT did have past coverage on this issue was in 1993.

Coverage on maid abuse, once relegated to the crime and law sections of local newspapers, is beginning to make headlines-not only in national newspapers in the Gulf, but abroad apparently as well. International outcry on the running over by car of a tortured Filipina maid by a Kuwaiti couple has flagged attention in the media. Here is a selection of the article by Kareem Farim, but you may access the full text here.

KUWAIT — With nowhere else to go, dozens of Nepalese maids who fled from their employers now sleep on the floor in the lobby of their embassy here, next to the visitors’ chairs.

In the Philippines Embassy, more than 200 women are packed in a sweltering room, where they sleep on their luggage and pass the time singing along to Filipino crooners on television. So many runaways are sheltering in the Indonesian Embassy that some have left a packed basement and taken over a prayer room.

And in the coming weeks, when Ramadan starts, the number of maids seeking protection is expected to grow, perhaps by the hundreds, straining the capacity of the improvised shelters, embassy officials say. With Kuwaiti families staying up into the early hours of the morning, some maids say they cook more, work longer hours and sleep less.

Rosflor Armada, who is staying in the Philippines Embassy, said that last year during Ramadan, she cooked all day for the evening meal and was allowed to sleep only about two hours a night.

“They said, ‘You will work. You will work.’ ” She said that she left after her employers demanded that she wash the windows at 3 a.m.

The existence of the shelters reflects a hard reality here: With few legal protections against employers who choose not to pay servants, who push them too hard, or who abuse them, sometimes there is nothing left to do but run. The laws that do exist tend to err on the side of protecting employers, who often pay more than $2,000 upfront to hire the maids from the agencies that bring the women here.

A Tale of Two Abuses This Week in the State of Kuwait

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I am including links to two articles from the Kuwait Times this week on different incidences of abuse against domestic workers in Kuwait. In other news, a proposal to Parliament to pay vulnerable domestic workers, whose salaries are often denied, directly into their bank accounts. This would serve as a positive step to further regulate wages and ensure compliance with salary payments. Let us hope it passes, enforcement is another issue.


Man murders 'missing' wife in salon, July 18, 2010 by Hanan Al Saadoun

KUWAIT: An Egyptian man killed his Filipina wife in a salon in Jabriya yesterday, after she allegedly did not return home for the past four days. The killer came to the women's salon where the victim worked and killed her by stabbing her in the heart. He then ran away, leaving his shoe behind. Police are hunting for the killer.

Separately, detectives apprehended the torturers and killers of a Filipina whose body was found near farm buildings in Kabd - a Kuwaiti husband and wife who employed her as a domestic worker. The wife admitted during questioning that she tortured the woman daily with her husband's full knowledge and agreement. When the woman fell unconscious after yet more abuse, the couple panicked and, rather than taking her to hospital, they took her to Kabd, threw her out of their car and ran over her before fleeing the scene.

Domestic worker 'enslaved' in Kuwait for 13 years, July 15, 2010, Ben Garcia

KUWAIT: She only dreamt of buying a new home for her mother. However, it remained just that - a dream. Instead of earning a cozy job, good salary and savings she fell into the clutches of a cruel and merciless employer for over 13 years without pay. Fifty seven year old Kamalawathie Katawala has been working for her sponsor since 1997. (Kuwait Times had reported yesterday that she worked for 17 years. However, the Colombo government's records show a 13 year time period). She landed a job in Kuwait befo
re the Gulf War in 1990 - at first working for an Egyptian family. During the war, however, she ran away with her Egyptian sponsor to Jordan. At the peak of the war, she was told to go back with her family to Sri Lanka and wait there until the war is over. She did return to Sri Lanka, but the promise of Egyptian sponsor who would take her back to Kuwait, never materialized.

Struggling to accomplish her dream of buying a house, she embarked on another overseas challenge. She obtained a new visa for Kuwait job. This time, she ended up working for whom she calls 'merciless employers' in Jahra. Between stifled sobs, Kamala narrated her ordeal to the Kuwait Times through an interpreter as she could only communicate in Arabic and her native Sinhala language.

Three days after arriving from Sri Lanka, I almost gave up. They beat me; I sustained bruises, my head was also hit. They told me to continue working with them. I cried hard every day but nobody listened. I stopped crying and accepted my fate," Kamala narrated her story.

She asked for her salary, a month after her arrival, "They asked me why I needed money. For what? I told them because I was working to earn money. But they mocked me," she said. "From then on, the same story was repeated every month. I would ask for my salary but I would never get any. They said they have no money. I really believed that since they did not have any air-conditioning facilities installed at home. I would sleep on the floor at night. I would place wet towel on their beds for cooling. I did the same to the place where I would sleep," she said. These living conditions changed after a few years, she recalled.

After two years, I tried to escape. I went out, hid in the car with my bag. But when I tried to cross the street, they saw me run. They quickly grabbed me, beat me up again and locked me inside the room for one day. They warned me against trying to escape again. They said they would kill me. So from then on, I didn't even try to escape anymore," she sobbed.

She explained that she was forced to obey strict orders. "I also stopped asking for money because I was really afraid," she said. Kamala is not aware of the number of years that have elapsed since being 'employed' with her sponsor. She has lost count of days and months and remembers having tried to place an unsuccessful phone call to an acquaintance in her home town of Avissawela. Kamala is partially literate, she can count and read numbers.

A few months ago, a compatriot named Guita arrived at her sponsor's home to work as a domestic helper. She suffered under the same appalling conditions. Also, whenever Guita inquired about Kamala not being allowed to leave on vacation, the sponsor would lie, "They told Guita that I don't like to leave their home. They told her that I was sent to the airport many times but I would refuse to board a plane. But those are lies. I was never allowed to go to the airport; not even once," she told Kuwait Times. So when Guita planned to escape, I asked her not to leave me alone," she said.

They finally snatched a life-changing opportunity on June 26, "We walked out and hid between passing cars so as to avoid being caught by our sponsor. When we reached a co-operative society, Guita asked me to hide behind a bush. The plan was to hire a taxi that would take us to the embassy. I waited for long until I gave up and hired one on my own. I thought that our employer had caught her," she said.

But an hour later, Guita arrived at the Sri Lankan embassy, pleading with authorities to help Kamala. She was oblivious to the fact that Kamala was already there. Both were reunited at the embassy's premises. At the time of writing this, Kamala is still unaware of the fact that her mother whom she loved dearly had passed away almost a year ago. The information was relayed to Kuwait Times by a Sri Lankan embassy official who had contacted Kamala's family. She looks forward to returning to her family - to be with her mother, two brothers and two sisters. She acknowledged that her dream to build a home for her mother was never fulfilled. The Sri Lankan Ambassador to Kuwait Sarath Dissanayake has promised to resort to proper legal channels to resolve Kamala's issue.

Bidoon of Bidoon: Stateles of Stateless

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Really, this is an excellent article by Ahmed Saeid entitled "Bedoons in Predicament" on the Bedoon issue, taking a careful look at the many legal loopholes, citizenship scams and overall endless bush maze of barriers that people with Bidoon status trying to seek something better for themselves face. I myself have heard similar personal accounts to corroborate the anecdotes in this article by the various people interviewed. Normally, I only quote the first couple paragraphs of a long story and allow the reader to click on the link to read the entire article, but I am including it all here. It is wonderful that the legal hitches are looked at through an angle emphasizing the human cost of these traps.


KUWAIT: While discussion on the bedoon's civil rights draft law in the National Assembly was postponed yesterday due to lack of quorum (for the second time in a row) nearly 100,000 bedoons (stateless persons) continue to fight a 'paper war' in a bid to reflect their physical existence on legal dossiers. Some bedoons think that the government and the National Assembly have been deferring this issue for decades now, and that this 'intentional' policy has pushed some toward facing perpetual hardship.

While many bedoons continue to face the 'regular' difficulties that accompany statelessness, others face a unique situation - they are neither considered to be stateless nor citizens of any country in the world!

The problems of this segment of people begin with being stateless or not belonging to any country. Khalifa Al-Utaibi, Spokesman of the Gathering of Kuwaiti Bedoons, said the Kuwaiti government had founded the Executive Committee for Illegal Residents (ECIR) to naturalize the stateless. This was done so that the government could later claim that they are not stateless but 'illegal residents' who conceal their true nationality.

We have to seek the committee's approval to do any paper work," Al-Utaibi said. "And when we go there, they give us an approval letter stating the citizenship they have conferred on us. In order to receive the approval, you have to sign an pledge stating that you are a holder of a particular nationality. Otherwise they will not allow it," he said.

Al-Utaibi adds that he had once approached the ECIR to seek approval. He was told that he was of a Saudi origin. "I told them okay, I agree. I'll be proud to admit that I am Saudi. Where is my Saudi passport? Can you please give it to me so I can at least obtain a birth certificate for my daughter? They told me "that's your job to find out, not ours." These are the kind of procedures they impose on us," he laments.

According to Al-Utaibi, Kuwaiti government has been imposing pressure on the stateless people since 1986. "We face such restrictions every day," Al-Utaibi said. "We have to struggle to register marriages, register the birth of a child, issue a death certificate. Any kind of interaction where paperwork is involved is a painful experience for us," he explains.

Al-Utaibi took the point further arguing that the only way bedoons can contract marriages is through the help of court orders. The groom files a suit claiming to have had illegal relations with the bride. The judge then issues an order legalizing their marriage contract.

Supporters of these measures argue that they are rewarding. A large number of bedoons have 'adjusted' to their situations and 'recovered' their original passports. The consequences of these restrictions are showing up in far more complicated, inhumane situations.

As one of the aftereffects of this policy, a group of people have now been rendered non-bedoon. They are not citizens of any other country in the world. There are no definitions to describe them; they are simply 'nameless.' They are widely referred to as 'stateless of stateless' or bedoon of bedoon and face dead ends. In addition, they face the misfortune of having to 'come up' with a passport in order to survive.

Abu Abdlallah, a father of six children in his forties, is a former bedoon. Owing to a number of complications, including difficulties related to issuing birth certificates for his two youngest daughters, he had to buy a Syrian passport from a company that had placed an advertisement in local newspapers in 2001. He said that he paid KD 6,000 for the passport, which he then submitted to the ECIR. After doing so, he was able to obtain residence permits for himself and family members. He also obtained other forms of identification and a driving license.

The problem began when my passport expired in 2007," he said. "I went to the Syrian embassy to renew it and they said that they need to consult the Syrian ministry of interior before issuing a new passport to me. After some time, embassy officials told me that the Syrian government does not have any record of our details, and that it does not consider us to be citizens of Syria at all. They took our passports and gave me a paper stating that we are not Syrian citizens," he added.

Abu Abdallah' s life has since, turned tragic. He is unable to obtain a residence permit because he doesn't have a passport. He can't also go back into living like a stateless individual. "I didn't know what to do," he said. "I went back to the ECIR so that I could receive an identification card. They told me that they can't process any documents any more. I was asked to go to the Ministry of Interior. I went there with a group of people who faced similar circumstances. They could offer no assistance and we were told that our situation needs be resolved politically.

He explained that due to their situation, his family or he cannot receive medical care at government hospitals. His sons don't possess any kind of identity card and are vulnerable to police arrests any time. He added that his situation has also inflicted psychological damage on his children. "My 19-year-old daughter has been engaged for almost a year now. She can't get married because she doesn't have any legal documents whatsoever.

Adel is another individual who has been trapped in a similar situation. Apparently, the secretary of the ECIR informed him that his file had been 'closed' and that he should submit his 'original passport' in order to be able to process any paper work related to the government. "I searched for the cheapest passport available," he said. "The Somali passport could be bought for KD 150 then," he added. He explained that it wasn't too difficult to buy one. "The advertisements placed by passport selling agencies were common in many newspapers back then. Several notices were placed inside the ECIR premises itself," he claimed.

Adel said that after he submitted the Somali passport to the ECIR, before a civil ID with a valid Kuwaiti residency as a Somali citizen was issued to him, a government official in Somalia declared that the passports issued in Kuwait were illegal. The Somali government had taken measures to change passports to prevent forgery. "It was then that I stopped. But now I'm registered with the ECIR as a Somali citizen. It's not only me, all my brothers and sister, and their sons and daughters face the same situation," he said. He argued that the ploy was part of the of the ECIR's strategy to trap bedoons. This is because as soon as anyone buys a passport the nationality is applied on all the relatives in government records.

Abu Ghazi, another bedoon, says that had he known he would have had to face such a situation, he would've left Kuwait a long time ago. "Why didn't they tell us that they don't want us, back in the '60s? We would've managed to fit into another country in the region while it was possible. Why did they wait for forty years to tell us that they don't want us?" he questioned.

Human Rights Watch 2010 World Report Now Available

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You may access the pdf version of the entire report, which gives a summary of the status of human rights in each country, by clicking here. Regarding Kuwait in particular, here are some highlights of the findings:


-Kuwait has made improvements in women's political rights, particularly with the election of four women in Parliament, although women still face significant discrimination in all aspects of daily life. These legal forms of discrimination include: the right to pass on nationality to children, access to low-interest housing loans, and divorce settlements. Perpetrators who commit violence against women are rarely arrested.

-Kuwait hosts several stateless people, known as Bidoun, who amount to around 120,000 of the population in Kuwait. A 2007 draft law would grant the Bidun civil rights, but not nationality, although this has not yet passed. Children of Bidoun are also exempt from being able to have any eligibility for nationality. The Bidoun face several travel restrictions, legal loopholes and civil rights discrimination limiting their access to services and employment.

-Kuwait freedom of expression in the media is often thwarted by fines and bans for slandering the government. In one case in October 2009, two Kuwaiti members of parliament were fined for criticizing the Interior Ministry's treatment of the Bidoun.

-Kuwait continues to discriminate against the gay, lesbian and transgender community. Homosexual conduct is a criminal act in Kuwait under Article 193 of Kuwait's penal code. Men who engage in consensual sexual intercourse between men over age 21 are sentenced for up to seven years imprisonment. If the conduct involves persons under the age of 21, the sentence is increased to 10 years. Transgender people are often sent to prison or fined for "imitating the appearance of a member of the opposite sex." They are also subject to harassment.

-About 80% of the country is comprised of expatriots, many of whom face high residency fees leading to unpayable debt, and whose rights are not adequately covered by the existing labor law. Due to the abuse of several domestic workers and unskilled labor, several embassies have placed bans on the entrance of their citizens to Kuwait for employment. The source of the problem lies in the current sponsorship system (kafala), which trap workers in averse situations and keeps abusive sponsors out of the gamma of law enforcement.



Op-Ed by Dr. Shamlan Yousef Al Eissa at Al-Watan Daily: Dealing effectively with the sponsorship issue

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Interesting op-ed today warning about the dangers of placing recruitment in potentially corrupt public hands in Kuwait.

"The Minister of Social Affairs and Labor Mohammed AlـIfasi announced that the ministry intends to set up a nonـprofitable government authority to hire and sponsor overseas labor, instead of having citizens and companies as sponsors. He said that the ministry is also mulling over the possibility of allowing laborers to be their own sponsors. Explaining the system, he said that the authority will bring laborers to Kuwait and allocate them to the various sectors based on the requirements of the market. This is aimed at eliminating the need for residency dealers and companies that bring in laborers after charging them huge amounts of money and then set them loose on the streets without any work.

I commend AlـIfasi for his attempts in eliminating the practice of private companies taking advantage of overseas laborers, since they deprive them of their legal rights and also take advantage of the loopholes existing in the local labor laws.

I would however, like to caution the minister against setting up a new government authority to bring in expatriate labor, because the government authority will only be corrupt and unable to execute its responsibilities especially regarding overseas labor, since some employees at the ministry collaborate with residency dealers and they will abuse the law.

Employees in ministries are incapable of eliminating corruption and even indulge in thefts in coـoperative societies. They have also failed to monitor money and donations that flow into Islamic charitable societies and political Islamic institutions that are managed by religious parties." (click here for link)

The Philippines Embassy Takes the Lead in Protecting its Migrant Workers in Kuwait

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Having read the recent Jenny's Story in The Arab Times, as well as an article published today in The Kuwait Times by Ben Garcia that gave an estimate that 5 to 10 Filipina maids a day flee their employers. More importantly, the Philippines Embassy seems to have a vested concern about the condition of their female labourers in the country.

More than any other embassy that I have heard of so far, the Philippines Embassy utilizes the press very actively to shed light on abuses, a tactic that so far seems to be successful as it seems to provided positive encouragement for journalists to write more about these malpractices. I do not see other embassies nearly as vocal in terms of decrying the abuses experienced by their domestic workers in Kuwait.

They have helped move many articles on worker's rights awareness from the Opinion section and the Law and Order section into in-depth local reports. With the latest article today from the Kuwait Times, I also noticed a deliberate tactic to personalize and relate the account from the perspective of the abused maids. The reporter interviewed various mothers at the Filipino Workers Resource Center to hear their side of the story. I am highlighting the case of Yasmeen, as mentioned in the article:

"3-year-old Yasmin is the mother of a four-and-a-half year old daughter. She first sought the embassy's help on October 12, 2005, with her case possibly being the longest-ever battle in this category. Her husband refused to give her his consent when she wished to return to her native country with her then one-year-old daughter. Since then, her case has been in the hands of the Ministry of Interior.

When she first had her daughter, the father denied that the baby was his, but eventually he recognized her as his child and he and Yasmin were married in a Kuwaiti court. Yasmin was thankful that her mother-in-law supported her, ensuring that her daughter obtained a Kuwaiti passport. However, when she asked permission to return home to the Philippines with her daughter, her husband refused to give his consent, leaving her no choice but seek the embassy's assistance. According to Yasmin, her moved was triggered by husband's harsh treatment.

He would lock me up in the house and told me that if I leaved he would cut off my legs. I was afraid. I thank my mother-in-law, who supported me at least. She (the mother-in-law) brought me here to the embassy. I don't want to go home to the Philippines without my daughter. The police told me to just get permission from my husband so I could leave with my daughter, but my husband would not cooperate. So I've been here [at the embassy] with my daughter for almost four years now," Yasmin explained. Yasmin was also grateful to the embassy for providing her with shelter and food while she awaits her husband's decision.

I am very grateful to the embassy for providing me with a home [free of charge] for almost four years now. Much as I want to go back home, I cannot leave my daughter here alone," she said. Yasmin's estranged Kuwaiti husband is her former employer's son."