[ Human Trafficking, Country-by-Country ]

KUWAIT (Tier 2 Watch List) – Extracted in part from the U.S. State Dept 2023 TIP Report

The Government of Kuwait does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so. These efforts included assisting more vulnerable migrant workers at the government shelter; launching an online platform for domestic workers to file grievances, rather than submitting a complaint in person; and continuing to hold fraudulent recruitment agencies civilly accountable. However, the government did not demonstrate overall increasing efforts compared with the previous reporting period, even considering the impact of the COVID-19 pandemic, if any, on its anti-trafficking capacity. The government investigated fewer alleged trafficking crimes and did not prosecute or convict any traffickers; it also identified fewer victims compared with the previous reporting period. Some officials continued to routinely use arbitration and administrative penalties to resolve grievances filed by migrant workers, including grievances with trafficking indicators, instead of investigating such cases as potential human trafficking crimes. The government did not implement its NRM and its respective procedures to identify and prevent trafficking, and front-line officials did not regularly use SOPs to proactively identify victims and refer them to protection services. The government also continued to detain, prosecute, and deport potential trafficking victims, including those fleeing forced labor and those in commercial sex, without screening for trafficking indicators. The government shelter did not regularly accept workers who had criminal charges filed against them, including for “absconding,” which may have left some unidentified trafficking victims without care. Finally, the government did not take any new steps to reform its visa sponsorship system, which continued to render migrant workers highly vulnerable to exploitation, specifically trafficking. Therefore Kuwait remained on Tier 2 Watch List for the second consecutive year.

Prioritized Recommendations

Continue to increase law enforcement efforts to investigate, prosecute, and convict traffickers, including Kuwaiti citizens and allegedly complicit officials, under the 2013 anti-trafficking law rather than other criminal laws, when applicable.

Proactively screen for trafficking indicators among vulnerable populations, including those in government and embassy shelters and those arrested for immigration violations or prostitution offenses, or those who flee abusive employers and face countercharges, to ensure victims are not inappropriately penalized solely for unlawful acts committed as a direct result of being trafficked.

Ensure unhindered access to the government shelter for all potential victims, including those who self-refer, regardless of criminal charges, and do not require a complaint on file with authorities to be granted access at the shelter.

Fully implement the NRM, including by issuing a directive to execute its use, increase training for all relevant officials and NGOs on the mechanism and ensure official guidelines are accessible to all front-line responders to routinely employ these procedures.

Continue to strengthen enforcement of the domestic worker law to ensure domestic workers’ rights are protected by increasing access for domestic workers to file a grievance with authorities, increasing inspections of registered and fraudulent recruitment agencies, and improving screening of domestic worker complaints to identify potential labor trafficking cases.

Institute reforms to the visa sponsorship-based employment system, including allowing all workers at any time to change employers and leave the country without requiring employer approval.

Create protection services specifically for male victims, including accommodations, and specify procedures for their access to care.

In adherence to Kuwaiti labor law, increase the number of investigations and prosecutions of employers who illegally confiscate migrant workers’ passports, and strengthen penalties for passport confiscation to deter potential future perpetrators.

Strengthen efforts to prosecute allegations of forced labor crimes criminally instead of administratively, and refer cases with trafficking indicators, such as complaints of non-payment of wages, passport confiscation, and restriction of movement, for investigation as potential trafficking crimes.

Follow through on Article 10 of Law No. 6 of 2010 and issue a resolution which sets procedures for recruitment fees in private sector labor law to ensure workers are not subjected to fees related to their recruitment and establish penalties for non-compliant agencies and employers who subject workers to such fees.

Strengthen implementation of the Trafficking Committee’s national anti-trafficking strategy.

Expand efforts to raise awareness on existing protections for migrant workers and penalties for traffickers, particularly among vulnerable populations, including domestic workers, as well as employers, company owners, and recruitment agencies.

Given significant concerns about forced labor indicators in Cuban Medical Missions globally, screen Cuban medical professionals and refer victims to appropriate services