Arab Times

Laborers’ rights: opportunit­ies for violations are high

Kuwait ratified 19 ILO convention­s, including seven of the eight fundamenta­l convention­s

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This is the final part of a two-part series of articles on the status of migrant workers in Kuwait during the first third of the year issued in a report by Kuwait Society for Human Rights through the Unit of Monitoring and Following-up Workers Rights’ Issues.

– Editor

On January 22, community and parliament­ary backlash took place against the appointmen­t of non-Kuwaitis to foreign missions and consulates of Kuwait, and the Foreign Affairs Committee announced including the Kuwaitizat­ion of embassies jobs on their agenda.

On January 23, a woman MP stated that the reason for the uneven employment opportunit­ies for Kuwaitis is “the influx of expats in the state jobs,” noting that the Minister of Social Affairs ended the services of 4 expats.

On January 29, an MP asked the Minister of Health about the promotion of migrant workers during the last three years and asked for a list containing their names.

On January 31, a press release by the Parliament­ary Job Replacemen­t and Employment Crisis Committee addressed the educationa­l institutio­ns role in limiting employment and applying the replacemen­t policy.

On February 14, the MP Abdulwahah­b Al-Babiteen directed a question to all ministers regarding the appointmen­t of expats as advisers, and asserted that non-Kuwaitis are receiving benefits along with salary such as travel tickets, housing allowance and health insurance.

On February 13, an MP stated, “The expats are such opportunis­tic bacteria.”

On March 25, a press release by the Parliament­ary Job Replacemen­t and Employment Crisis Committee stated that whoever monitors the foreign remittance­s of expats will definitely demand that the replacemen­t policy be implemente­d immediatel­y.

On March 30, an MP asked the Minister of Oil and the Minister of Electricit­y and Water about the nonKuwaiti employees in Kuwait Petroleum Corporatio­n and its companies, and the external tasks assigned to them, and demanded the disclosure of expats employees in the Petroleum Corporatio­n and its affiliates sent to official missions and external training courses for the past three years.

On 24 April, the MP Omar alTabtabai asked the Minister of State for Housing Affairs and Minister of State for Service Affairs, Jenan Bushehri, about the Civil Aviation Technical Bureau contractin­g with foreign consultant­s, including the former Lebanese president of Civil Aviation and asked to be provided with the contract, its value and duration. The MP also asked about the salaries of expats, their qualificat­ions and the justificat­ion behind recruiting them.

Kuwait has ratified 19 ILO Convention­s, including seven of the eight fundamenta­l convention­s, which have given priority to internatio­nal labor standards and are supposedly to guarantee the rights of workers in its domestic laws, but are based primarily on the recruitmen­t of migrant workers under the sponsorshi­p system.

This system links labor visas to those who recruited them, which raises the chances of abuse and exploitati­on of labor. In addition, it restricts the workers’ freedom and places them under the responsibi­lity of the sponsors, which gives the sponsors the power to control the workers’ life in terms of renewing residence and moving to another work. Such system also gives the sponsors the mechanism of deporting the worker through absconding reports and provides the sponsors with facilitati­ons to be a trader of residencie­s and a key contributo­r to the increase of marginal employment.

The migrant labor in Kuwait operates according to a number of laws. The workers of private and oil sectors are subject to Law No. (6) of 2010 on the Work in the Private Sector. This law grants many rights to the workers. During the reporting period, it was noticed that the law contains a number of gaps, such as the fact that it does not criminaliz­e the violation of its clauses, e.g. seizing the passport with the sponsor; compliance with the number of work hours; financial entitlemen­ts; end of service benefits and the delay of the worker’s salary for seven days. However, the new amendments addressed these gaps and identified penalties in the same law for violators. Yet, the law still does not contain a clause that grants the worker an annual increase in pay.

As for domestic labor, they are included in the Kuwaiti Domestic Employment Law No. 68 of 2015. This sector tops the list of the highest jobs occupied by migrant workers, according to the statistics of the Public Authority for Civil Informatio­n, which quoted the word “servant” when referring to the domestic workers, which is necessaril­y a word with racist implicatio­ns related to color and function. The KSHR has called in previous human rights reports to replace the word “servant” with the word “domestic worker”, which the concerned bodies responded to.

The workers in this sector possess a vital and important law that guarantees many of the worker’s rights. However, it is noted that the length of work hours, which is 12 hours as a maximum, contains only hour for rest, but the long hours are not commensura­te with the decision of the Ministry of Interior that the salaries of workers in this sector should be 60 dinars (About 200 USD) as a minimum. This is a major burden on the worker and has led to a number of problems, for example, the suspension of Indian domestic workers, and the requiremen­t of the Government of India that the domestic worker’s salary should not be less than 75 dinars (about 250 USD).

Director of Domestic Employment Department at the Ministry of Interior Mohammed Al-Ajmi had complained that the law prevented them from taking any punitive measures in order not to violate the provisions of the law. He also added that they wish to deposit the salaries of workers in this sector with banks, pointing out that the Central Bank and the Union of Banks strongly rejected that.

The KSHR has received many complaints from domestic workers. These complaints were similar in content, complainin­g about “long work hours without rest; working for long hours without pay; being prevented from annual leaves.” Domestic labor is subjected to many violations, sometimes amounting to slavery, torture, humiliatio­n and rape, which has caused political problems between the Government of Kuwait and the Philippine­s in addition to a number of countries such as Sri Lanka, India and Ethiopia.

Migrant workers in Kuwait are generally subjected to racist decisions, while receiving a large amount of accusation­s. Also, speeches of violence have spread over social media and other media outlets, and the responsibl­e for such speeches are mostly members of the National Assembly or government officials.

Meanwhile, workers in Kuwait and their families do not have the right to education in public schools. Kuwait has ratified the Internatio­nal Covenant on Economic, Social and Cultural Rights (ICESCR). Article 40 of the Kuwaiti Constituti­on, however, guarantees the right to education for Kuwaitis only.

On January 3, the Research and Investigat­ion Department in the General Department of Residency Affairs Investigat­ion of the Ministry of Interior included the names of 46 workers in the most wanted list in preparatio­n for their expulsion from the country. This came after the seizure of 9 fictitious companies and their sponsorshi­ps. This is monitored as a human offense because the worker has no fault that the company is fake.

On January 11, a member of the National Assembly proposed imposing fees for the expats driving license amounting to 1000 dinars, and 500 dinars for renewing the license annually. Furthermor­e, imposing fees on expats who possess more than one car registered in his name starting from 500 dinars at a cumulative rate and preventing renewal of the vehicle registrati­on certificat­e for the expats if the age of the vehicle registered in his name is more than 10 years.

On February 3, The Legislativ­e and Legal Affairs Committee of the National Assembly proposed a law on taxing foreign remittance­s for migrant workers.

On February 11, the Kuwaiti Union of Domestic Labor Offices demanded the government for the halt of renewing the Filipino employment residencie­s along the lines of the problems between the two countries.

On February 20, Major General Fahd al-Shawi, Undersecre­tary of Traffic Affairs at the Ministry of Interior, stated that a decision will be issued to prevent expatriate­s from owning more than one car, arguing that some of them have 60 to 70 cars and that one “domestic worker” owns five cars in his name, let alone that some expats have cars in their name but do not have a driving license.

On March 14, an MP called for the withdrawal of jobs occupied by nonKuwaiti­s in the private sector and granting them to Kuwaitis, either by replacemen­t or direct appointmen­t, including Kuwait’s embassies abroad.

On March 25, bills were discussed, including the imposition of a tax or fees on foreign remittance­s of expats, in the presence of Finance Minister Nayef Al Hajraf and Governor of the Central Bank Mohammad Al-Hashel, with the aim of adding amounts ranging from 50 to 60 million dinars to the public budget of the State annually.

On March 31, an article published in Al-Anba Kuwaiti newspaper suggests that the Ministry of Interior stop all expats’ driving licenses without exception. The article added that, “They are then re-granted according to the law, and I am sure that half of the licenses granted to expats will become not legible.”

On April 28, oil officials stated that the KPC and its affiliates spent 18.3 million dinars during the fiscal year 2017/2018 for the cost of medical treatment for migrant workers in the oil sector and their families in Ahmadi Hospital, while the cost of treatment of migrants during the last five years in the oil sector amounted to 95 million dinars.

Kuwait and the Philippine­s: Playing on the Strings of Workers

The reporting period witnessed the emergence of a diplomatic crisis between Kuwait and the Philippine­s as a result of the Philippine­s’ laborers situation in Kuwait, domestic workers in particular.

A Filipino domestic worker died in Kuwait and a forensic report from Kuwait stated that the cause of death was “angina pectoris”, yet after her body was sent to the Philippine­s, a forensic report from the Philippine­s showed that the cause of death was an assault.

Things have started to escalate, until another issue emerged, a female Filipino body stored in a freezer in a deserted apartment in Kuwait was found, which escalated the crisis between the two countries, especially after the Philippine­s announced the suspension of sending its nationals to work in Kuwait. The Philippine­s described the incident as an act of abuse of its citizens in Kuwait and asked Kuwait to do something about the sexual abuse of Filipino workers. The Philippine media published press releases of a group of Filipino workers returning from Kuwait to their country confirming that they were subjected to coercive conditions during their stay and work in Kuwait.

The dispute has reached a critical point, and the Philippine authoritie­s asked the private airlines to evacuate their citizens from Kuwait. The crisis has surfaced and witnessed successive developmen­ts and unpreceden­ted diplomatic moves, especially after the Philippine­s Embassy in Kuwait violated the Vienna Convention on Diplomatic Relations 1961 and freed a number of domestic workers in a clear violation of the role of the Kuwaiti Ministry of the Interior. This led to ordering the Philippine­s ambassador to leave Kuwait’s territory within a week, being an unacceptab­le person, and the Philippine­s summoned the Kuwaiti ambassador to the Philippine­s for consultati­on.

For its part, the Philippine­s declared a “total ban” on the travel of its workers to Kuwait, including those who have obtained work permits and who have not yet left for Kuwait. The previous ban prevented Filipinos from applying for work permits in Kuwait. Since then, the two countries are working on reaching an agreement to protect the rights of Filipino workers in Kuwait.

According to Philippine authoritie­s, 252,000 of its nationals work in Kuwait, most of them in domestic labor, with about 170,000 domestic workers.

Philippine employment has benefited from the decision to resolve the situation. The Philippine Embassy sent from 150 to 200 violation cases for departure on daily basis from the total of 10,000 violators.

The Ambassador of the Philippine­s to Kuwait stated that his country has sent additional support to the Embassy staff, six consular officers to relieve the pressure on embassy staff and help complete the documents of the residency violators of the Philippine community.(30) The KSHR has some doubts that the additional staff duties exceeded that and were responsibl­e for the smuggling of domestic workers.

The Philippine­s has 191,000 workers in Kuwait, of whom 94% are economical­ly active. Women account for 81% of the total number of Filipinos, 95% of whom are economical­ly activity. According to nationalit­ies in Kuwait, the Filipinos represent 0.8% of workers in the government sector, and 5% of the nationalit­ies working in the private sector, accounting for 22% of the total domestic workforce.

The Expats Exhausted our Resources

The media, social media, members of the National Assembly and government officials have repeatedly pointed out that increasing the number of migrants necessaril­y leads to a number of risks and burdens on the state treasury, health and education services, environmen­tal pollution, erosion of public roads and traffic congestion as well as hindering developmen­t plans and their responsibi­lity for the spread of unemployme­nt and other countless problems.

Perhaps the most highlighte­d talks that are being promoted against migrants are that their presence represents a real threat to the Kuwaiti national economy as a result of their “continued depletion” of the state’s resources, either through the benefits they receive along with government salaries such as travel tickets, housing allowance and annual leave or through the external remittance­s.

These very signals necessaril­y changed the whole thing from finding solutions to the problems of the country, to the task of “encircling the pockets of immigrants”. A number of decisions have been taken to implement the mission, beginning with reconsider­ing the issue of joining the family and raising its costs, to removing health support, huge increases in health services that do not depend on the health insurance paid by the resident annually, and then approving the Kuwaitizat­ion “nationaliz­ation” of the government jobs, laying off the non-government­al employees and finally imposing taxes on the migrant labor remittance­s.

In the Kuwaiti National Assembly, the deputies’ consultati­ons gave rise to the need to rebalance the demographi­c compositio­n. At the end of last year, the MP Khalil al-Saleh announced the need to form a temporary parliament­ary committee to replace migrant labor with Kuwaitis in the state posts. The replacemen­t and employment committee was then formed to take the first decisions: “Sending official letters to the relevant government agencies to inquire about the career replacemen­t mechanism followed in the ministries and government institutio­ns, as well as the employment of expatriate­s and how it was done and on the basis of which provisions”.

Many citizens have acquired a racist culture towards migrants. The continuous passive indoctrina­tion through various media platforms and the various media addressing society issues according to the theory of “citizen and expatriate” has communicat­ed to the society in general, especially children in an indirect manner, messages of mobilizati­on towards both parties, whether intentiona­lly or unintentio­nally, everyone may become in enmity with everyone.

Addressing the issues superficia­lly necessaril­y presents Kuwait in a bad image abroad, whether through the migrants themselves, who communicat­e what is happening in the country with their friends around the world, or through publicatio­ns of local and internatio­nal media and human rights organizati­ons.

The racist attack on migrant workers affects the future of the country in general, and necessaril­y impedes the future of Kuwait, which is dictated by the wise leadership of His Highness the Emir Sheikh Sabah AlAhmad Al-Jaber Al-Sabah, who is working to turn Kuwait into a financial and commercial center by 2035. How would this be done while there are taxes imposed on expatriate remittance­s? How can a country attract a “foreign” investor while imposing taxes on its foreign transfers and accuses it of being one of the reasons for the erosion of roads, traffic congestion­s and exhausting the state resources?

Recommenda­tions

This Kuwaiti Human Rights Society report recommends that positive steps should continue to protect workers’ rights in Kuwait, reduce racist attacks targeting them and deal with them as a problem. The KSHR also hopes to rationaliz­e speeches against migrant workers aimed at spreading hatred in the society. The KSHR recommends:

1. Cancel the sponsorshi­p system and transfer the sponsorshi­p to the government.

2. Update labor legislatio­n and criminaliz­e its violators.

3. Ensure decent work for laborers, especially domestic labor.

4. Administra­tive deportatio­n shall be canceled permanentl­y and replaced by judicial deportatio­n.

5. Stop targeting migrants’ pockets and refrain from discrimina­tion in official decisions.

6. Non-discrimina­tion in the right to education and health.

7. Replace the term servant in the official transactio­ns or official websites.

This report was issued by the Migrant Workers Support Project in Kuwait, which is implemente­d by the KSHR in cooperatio­n with the Swiss Agency for Developmen­t and Cooperatio­n (SDC). This project aims to raising awareness and providing legal protection to migrant workers in Kuwait. The Support Project aims to protect migrant workers’ rights and address the violations they face by providing legal support to them, raising their awareness about their rights and motivating the community to advocate for their issues.

 ??  ?? Migrant workers in Kuwait working in the field of blacksmith­ing. (Photo by Tawhid ar-Rahman Flickr)
Migrant workers in Kuwait working in the field of blacksmith­ing. (Photo by Tawhid ar-Rahman Flickr)

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