Human trafficking in Kuwait

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Kuwait ratified the 2000 UN TIP Protocol in May 2006. [1]

Contents

In 2008 Kuwait was a destination and transit country for men and women for forced labor and commercial sexual exploitation. Men and women migrated willingly from Bangladesh, India, Pakistan, Sri Lanka, Nepal, Indonesia, and the Philippines to work as domestic servants or low-skilled laborers. Upon arrival, however, some were subsequently subjected to conditions of forced labor, such as restrictions on movement, unlawful withholding of passports, non-payment of wages, threats, and physical or sexual abuse. In addition, some women were forced into commercial sexual exploitation; for example, some female domestic workers were forced into prostitution after running away from abusive employers or after being deceived with promises of jobs in different sectors. Kuwait was also a transit country for South and East Asian workers recruited by Kuwaiti labor recruitment agencies for low-skilled work in Iraq; some of these workers were deceived as to the true location and nature of this work, while others willingly transit to Iraq through Kuwait, but subsequently endure conditions of involuntary servitude in Iraq. Some Kuwaiti nationals reportedly traveled to destinations including Morocco, Egypt, Afghanistan, Pakistan, India, and Bangladesh to engage in commercial sex acts. [2]

The Government of Kuwait does not fully comply with the minimum standards for the elimination of trafficking, and is not making significant efforts to do so.

The U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 2 Watchlist" in 2017. [3] In 2019 Kuwait was placed in Tier 2. [4] In 2023, the country was back on the Tier 2 Watch List. [5]

In 2023, the Organised Crime Index noted the significant role of recruitment agencies in human smuggling. [6]

Prosecution (2008)

Kuwait does prohibit human trafficking in persons (Law No.91 of 2013), and it also prohibits transnational slavery through Article 185 of its criminal code, with a prescribed penalty of five years’ imprisonment and a fine. Article 201 of Kuwait's criminal code prohibits forced prostitution; prescribed penalties include imprisonment of up to five years or a fine for the forced prostitution of adults, and seven years’ imprisonment and a fine prescribed for the forced prostitution of minors under 18 years of age. This year, Kuwait passed an administrative ban on withholding passports, but did not report any efforts to enforce it. Despite the availability of these statutes, the government did not report any prosecutions, convictions, or punishments of traffickers for forced labor, including fraudulent recruiters and abusive employers.

Rather than assign stringent prison penalties for trafficking, Kuwaiti law enforcement efforts generally focus on administrative measures such as shutting down recruitment firms, issuing orders for employers to return withheld passports, or requiring employers pay back-wages. The government also did not provide evidence of prosecuting, convicting, or punishing traffickers for commercial sexual exploitation. In addition, credible reports indicate that government officials are complicit in unlawfully selling worker visas to labor recruiters, thereby facilitating trafficking. The government reported no prosecutions, convictions, or punishments for complicity in trafficking. The government did not provide specialized training to law enforcement officers, lawyers, or judges on investigating or prosecuting trafficking. [2]

Protection (2008)

During the year, Kuwait made uneven efforts to improve protection for victims of trafficking. In September, the government opened a temporary shelter for victims of forced labor. The shelter has a maximum capacity of 40 women and provides medical, psychological, and legal services. It is unknown how many victims this shelter has accommodated to date. Credible sources report, however, that the shelter turns away victims who want to file complaints of trafficking or other abuses against their employers. The government continues to lack formal procedures for the systematic identification and protection of trafficking victims among vulnerable populations, such as foreign workers arrested without proper identity documents and women arrested for prostitution. As such, victims of trafficking are sometimes detained or deported for acts committed as a result of being trafficked, such as running away from their sponsors in violation of immigration laws and prostitution. Victims who are deported are not offered legal alternatives to their removal to countries in which they may face retribution. The police do not encourage victims to assist in criminal investigations of their traffickers. Government authorities often encourage victims to settle complaints against their employers out of court. In many cases, police do not take the complaints of trafficking victims seriously, and may also treat them as criminals for leaving their sponsors. [2]

Prevention (2008)

Kuwait made no reported efforts to prevent trafficking in persons this year. The government did not produce any public awareness campaigns during the reporting period to warn employers and workers about the risks of trafficking. Kuwait also did not launch a public awareness campaign targeting citizens traveling to known child sex tourism destinations abroad. The government did not make any discernible efforts to reduce the demand for commercial sex acts. [2]

See also

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In 2008, Syria was a destination and transit country for women and children trafficked for commercial sexual exploitation and forced labor. A significant number of women and children in the large and expanding Iraqi refugee community in Syria were reportedly forced into commercial sexual exploitation by Iraqi gangs or, in some cases, their families. Similarly, women from Somalia and Eastern Europe were trafficked into commercial sexual exploitation. Foreign women recruited for work in Syria as cabaret dancers were not permitted to leave their work premises without permission, and they had their passports withheld - indicators of involuntary servitude. Some of these women may also have been forced into prostitution. Anecdotal evidence suggests that Syria may have been a destination for sex tourism from other countries in the region. In addition, women from Indonesia, the Philippines, Ethiopia, and Sierra Leone were recruited for work in Syria as domestic servants, but some face conditions of involuntary servitude, including long hours, non-payment of wages, withholding of passports, restrictions on movement, threats, and physical or sexual abuse. Syria may also have been a transit point for Iraqi women and girls trafficked to Kuwait, the United Arab Emirates (U.A.E.), and Lebanon for forced prostitution. The Government of Syria did not fully comply with the minimum standards for the elimination of trafficking and did not making significant efforts to do so. Syria again failed to report any law enforcement efforts to punish trafficking offenses over the last year. In addition, the government did not offer protection services to victims of trafficking and may have arrested, prosecuted, or deported some victims for prostitution or immigration violations.

The United Arab Emirates is a destination country for men and women that are mostly trafficked for the purposes of labor and prostitution. U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 2" in 2017.

In 2008 Vietnam was primarily a source country for women and children trafficked for commercial sexual exploitation and forced labor. Women and children were trafficked to the People’s Republic of China (P.R.C), Cambodia, Thailand, the Republic of Korea, Malaysia, Taiwan, and Macau for sexual exploitation. Vietnamese women were trafficked to the P.R.C., Taiwan, and the Republic of Korea via fraudulent or misrepresented marriages for commercial exploitation or forced labor. Vietnam was also a source country for men and women who migrate willingly and legally for work in the construction, fishing, or manufacturing sectors in Malaysia, Taiwan, P.R.C., Thailand, and the Middle East but subsequently face conditions of forced labor or debt bondage. Vietnam was a destination country for Cambodian children trafficked to urban centers for forced labor or commercial sexual exploitation. The country had an internal trafficking problem with women and children from rural areas trafficked to urban centers for commercial sexual exploitation and forced labor. Vietnam was increasingly a destination for child sex tourism, with perpetrators from Japan, the Republic of Korea, the P.R.C., Taiwan, the UK, Australia, Europe, and the U.S. In 2007, an Australian non-governmental organization (NGO) uncovered 80 cases of commercial sexual exploitation of children by foreign tourists in the Sa Pa tourist area of Vietnam alone.

The Hong Kong Special Administrative Region (HKSAR) of the People's Republic of China is a destination and transit territory for men and women trafficked for the purposes of commercial sexual exploitation and forced labor.

In 2010, Human trafficking in India, although illegal under Indian law, remained a significant problem. People were frequently illegally trafficked through India for the purposes of commercial sexual exploitation and forced/bonded labour. Although no reliable study of forced and bonded labour was completed, NGOs estimated this problem affected 20 to 65 million Indians. Men, women and children were trafficked in India for diverse reasons. Women and girls were trafficked within the country for the purposes of commercial sexual exploitation and forced marriage, especially in those areas where the sex ratio is highly skewed in favour of men. Men and boys were trafficked for the purposes of labour, and may be sexually exploited by traffickers to serve as gigolos, massage experts, escorts, etc. A significant portion of children are subjected to forced labour as factory workers, domestic servants, beggars, and agriculture workers, and have been used as armed combatants by some terrorist and insurgent groups.

Indonesia is a source, transit, and destination country for women, children, and men trafficked for the purposes of commercial sexual exploitation and forced labor. The greatest threat of trafficking facing Indonesian men and women is that posed by conditions of forced labor and debt bondage in more developed Asian countries and the Middle East.

Human trafficking in Israel includes the trafficking of men and women into the country for forced labor and sex slavery. The country has made serious efforts to reduce the problem in recent years and now ranks 90th out of 167 countries who provide data. Identification of victims, criminal justice work and efforts to co-ordinate with business and government agencies has been concerted in reducing this problem in the last decade.

Jordan ratified the 2000 UN TIP Protocol in June 2009.

Lebanon ratified the 2000 UN TIP Protocol in October 2005.

Bahrain is a Source and destination country for men and women subjected to trafficking in persons, specifically forced labor and forced prostitution. Men and women from India, Pakistan, Nepal, Sri Lanka, Bangladesh, Indonesia, Thailand, the Philippines, Ethiopia, and Eritrea migrate voluntarily to Bahrain to work as domestic workers or as unskilled laborers in the construction and service industries. Some, however, face conditions of forced labor after arriving in Bahrain, through use of such practices as unlawful withholding of passports, restrictions on movement, contract substitution, non-payment of wages, threats, and physical or sexual abuse.

Bangladesh is a source and transit country for men, women, and children subjected to trafficking in persons, specifically forced labor and forced prostitution. A significant share of Bangladesh's trafficking victims are men recruited for work overseas with fraudulent employment offers who are subsequently exploited under conditions of forced labor or debt bondage. It also includes the trafficking of children – both boys and girls – within Bangladesh for commercial sexual exploitation, bonded labor, and forced labor. Some children are sold into bondage by their parents, while others are induced into labor or commercial sexual exploitation through fraud and physical coercion. Women and children from Bangladesh are also trafficked.

Belgium is a source, destination, and transit country for men, women, and children subjected to trafficking in persons, specifically forced labor and forced prostitution. Victims originate in Eastern Europe, Africa, East Asia, as well as Brazil and India. Some victims are smuggled through Belgium to other European countries, where they are subjected to forced labor and forced prostitution. Male victims are subjected to forced labor and exploitation in restaurants, bars, sweatshops, horticulture sites, fruit farms, construction sites, and retail shops. There were reportedly seven Belgian women subjected to forced prostitution in Luxembourg in 2009. According to a 2009 ECPAT Report, the majority of girls and children subjected to forced prostitution in Belgium originate from Balkan and CIS countries, Eastern Europe, Asia and West Africa ; some young foreign boys are exploited in prostitution in major cities in the country. Local observers also report that a large portion of children trafficked in Belgium are unaccompanied, vulnerable asylum seekers and refugees. Criminal organizations from Thailand use Thai massage parlors in Belgium, which are run by Belgian managers, to sexually exploit young Thai women. These networks are involved in human smuggling and trafficking to exploit victims economically and sexually. Belgium is not only a destination country, but also a transit country for children to be transported to other European country destinations.

Botswana is a source and destination country for women and children subjected to trafficking in persons, specifically forced labor and commercial sexual exploitation. Parents in poor rural communities sometimes send their children to work for wealthier families as domestics in cities or as herders at remote cattle posts, where some of these children are vulnerable to forced labor. Batswana girls are exploited in prostitution within the country, including in bars and by truck drivers along major highways; it does not appear, however, that organized pimping of children occurs. In the past, women reported being forced into commercial sexual exploitation at some safari lodges, but there were no similar reports during this reporting period. Residents in Botswana most susceptible to trafficking are illegal immigrants from Zimbabwe, unemployed men and women, those living in rural poverty, agricultural workers, and children orphaned by HIV/AIDS. Some women from Zimbabwe who voluntarily, but illegally, migrate to Botswana to seek employment are subsequently subjected by their employers to involuntary domestic servitude. Botswana families which employ Zimbabwean women as domestic workers at times do so without proper work permits, do not pay adequate wages, and restrict or control the movement of their employees by holding their passports or threatening to have them deported back to Zimbabwe.

Tunisia is a source, destination, and possible transit country for men, women, and children subjected to trafficking in persons, specifically forced labor and forced prostitution. In 2009, one Tunisian female was rescued from forced prostitution in Lebanon. In 2008, two women were rescued from forced prostitution in Jordan and three men from forced labor in Italy. Based on limited available data, some Tunisian girls may be trafficked within the country for involuntary domestic servitude. In 2009 a Tunisian academic published a study on Tunisian domestic workers. The study, conducted in 2008, surveyed 130 domestic workers in the Greater Tunis region and found that 52 percent were under the age of 16; twenty-three percent claimed to be victims of physical violence, and 11 percent of sexual violence. Ninety-nine percent indicated they had no work contracts and the majority received salaries below the minimum wage. These conditions are indicators of possible forced labor.

In 2009 Qatar was a transit and destination country for men and women subjected to trafficking in persons, specifically forced labor and, to a much lesser extent, forced prostitution. Men and women from Nepal, India, Pakistan, Bangladesh, the Philippines, Indonesia, Vietnam, Sri Lanka, Ethiopia, Sudan, Thailand, Egypt, Syria, Jordan, and China voluntarily travelled to Qatar as laborers and domestic servants, but some subsequently faced conditions indicative of involuntary servitude. These conditions included threats of serious physical or financial harm; job switching; the withholding of pay; charging workers for benefits for which the employer is responsible; restrictions on freedom of movement, including the confiscation of passports and travel documents and the withholding of exit permits; arbitrary detention; threats of legal action and deportation; false charges; and physical, mental, and sexual abuse. In some cases, arriving migrant workers found that the terms of employment in Qatar were wholly different from those they agreed to in their home countries. Individuals employed as domestic servants were particularly vulnerable to trafficking since they are not covered under the provisions of the labor law. A small number of foreign workers transited Qatar and were forced to work on farms in Saudi Arabia. Qatar was also a destination for women who migrated and became involved in prostitution, but the extent to which these women were subjected to forced prostitution is unknown. Children have been used in Qatar and other Gulf countries as camel jockies. Most children are trafficked from Africa and South Asia. This practice has ceased in most areas though. Workers have been forced to work in bad conditions; their salaries are sometimes withheld.

<span class="mw-page-title-main">Human trafficking in Papua New Guinea</span>

In 2009, Papua New Guinea was a source, destination, and transit country for men, women, and children subjected to trafficking in persons, specifically forced prostitution and forced labor. Women and children were subjected to commercial sexual exploitation and involuntary domestic servitude; trafficked men were forced to provide labor in logging and mining camps. Children, especially young girls from tribal areas, were most vulnerable to being pushed into commercial sexual exploitation or forced labor by members of their immediate family or tribe. Families traditionally sold girls into forced marriages to settle their debts, leaving them vulnerable to involuntary domestic servitude, and tribal leaders trade the exploitative labor and service of girls and women for guns and political advantage. Young girls sold into marriage were often forced into domestic servitude for the husband's extended family. In more urban areas, some children from poorer families were prostituted by their parents or sold to brothels. Migrant women and teenage girls from Malaysia, Thailand, China, and the Philippines were subjected to forced prostitution, and men from China were transported to the country for forced labor.

In 2009 Namibia was a country of origin, transit, and destination for foreign and Namibian women and children, and possibly for men subjected to trafficking in persons, specifically conditions of forced labor and forced prostitution. Traffickers exploited Namibian children, as well as children from Angola and Zambia, through forced labor in agriculture, cattle herding, involuntary domestic servitude, charcoal production, and commercial sexual exploitation. In some cases, Namibian parents unwittingly sold their children to traffickers. Reports indicate that vulnerable Namibian children were recruited for forced prostitution in Angola and South Africa, typically by truck drivers. There was also some evidence that traffickers move Namibian women to South Africa and South African women to Namibia to be exploited in forced prostitution. Namibian women and children, including orphans, from rural areas were the most vulnerable to trafficking. Victims were lured by traffickers to urban centers and commercial farms with promises of legitimate work for good wages they may never receive. Some adults subjected children to whom they are distantly related to forced labor or commercial sexual exploitation. Small business owners and farmers may also participated in trafficking crimes against women or children. Victims were forced to work long hours to carry out hazardous tasks, and may have been beaten or raped by traffickers or third parties.

Nicaragua ratified the 2000 UN TIP Protocol in October 2004.

Madagascar ratified the 2000 UN TIP Protocol in September 2005.

In 2009 Brunei was a destination, and to a lesser extent, a source and transit country for men and women who were subjected to trafficking in persons, specifically forced labor and forced prostitution. Men and women from Indonesia, Malaysia, the Philippines, Pakistan, India, Bangladesh, China, and Thailand migrated to Brunei for domestic or other low-skilled labor but sometimes faced conditions of involuntary servitude upon arrival. There were over 88,000 migrant workers in Brunei, some of whom faced debt bondage, non-payment of wages, passport confiscation, confinement to the home, and contract switching - factors that may contribute to trafficking. There were credible reports of nationals from South Asian countries subjected to nonpayment of wages and debt bondage in Brunei for up to two years to pay back foreign recruitment agents. Some of the 25,000 female domestic workers in Brunei were required to work exceptionally long hours without being granted a day for rest, creating an environment consistent with involuntary servitude. There are reports of women forced into prostitution in Brunei, and reports that women arrested for prostitution attest to having been victims of trafficking. Brunei is a transit country for trafficking victims in Malaysia, including Filipinas, who are brought to Brunei for work permit re-authorization before being returned to Malaysia.

References

  1. United Nations Treaty Collection website, Chapter XVIII Penal Matters section, Section 12a, retrieved August 19, 2024
  2. 1 2 3 4 "Kuwait". Trafficking in Persons Report 2008. U.S. Department of State (June 4, 2008). PD-icon.svg This article incorporates text from this source, which is in the public domain .
  3. "Trafficking in Persons Report 2017: Tier Placements". www.state.gov. Archived from the original on 2017-06-28. Retrieved 2017-12-01.
  4. "Trafficking in Persons Report 2019" (PDF). US State Department. June 2019: 279–282. Retrieved 25 August 2019.{{cite journal}}: Cite journal requires |journal= (help)PD-icon.svg This article incorporates text from this source, which is in the public domain .
  5. US Government website, Trafficking in Persons Report 2023
  6. Organised Crime Index website, Kuwait, retrieved August 19, 2024