http://www.kuwaittimes.net/read_news.php?newsid=MTIyNTg3MjMz

 
Headline News
Maid abuse rising in Kuwait: HRW
Published Date: October 07, 2010 
By Ahmad Saeid and Agencies 



KUWAIT: Abuse of domestic workers in Kuwait is rising, and maids in the state 
face prosecution when they try to escape, Human Rights Watch said yesterday. 
The New York-based rights group said migrant domestic workers have minimal 
protection from employers who withhold salaries, force them to work long hours 
with no days off, deprive them of adequate food or abuse them physically or 
sexually.

The number of abuses has been rising," Priyanka Motaparthy, HRW research fellow 
in Middle East and North Africa, told a press conference announcing a report, 
which details specific cases. "In 2009, domestic workers from Sri Lanka, 
Indonesia, the Philippines and Ethiopia filed over 10,000 complaints of abuse 
with their embassies," she said. The HRW data does not include Indian maids, 
who represent almost half of the 660,000 domestic workers in Kuwait. Domestic 
workers, almost entirely Asian, form one-third of the 1.81 million foreign 
employees in Kuwait.

The 97-page report, "Walls at Every Turn: Exploitation of Migrant Domestic 
Workers Through Kuwait's Sponsorship System," describes how workers become 
trapped in exploitative or abusive employment. "Employers hold all the cards in 
Kuwait," said Sarah Leah Whitson, Middle East director at HRW. The report was 
based on interviews of dozens of runaway maids at either their embassies or a 
small government-run shelter. Domestic workers in Kuwait are not covered by any 
law to limit working hours or a rest day or even basic rights, the report said. 
"They are forced to work for unlimited hours, 10, 12 or 18 hours with no 
breaks, seven days a week, 52 weeks a year," Motaparthy said.

Whitson said that while there has been some improvements in Kuwait, there needs 
to be an overhaul of the linchpin of the problem for all migrant workers - the 
sponsorship system. "The sponsorship system creates a sense of ownership for 
employers of their worker and effectively gives them ownership rights," Whitson 
said. "They decide when an employee can change jobs, they decide whether or not 
an employee can leave the country and they restrict the ability of the employee 
to leave their job if they are not happy," she said.

Whitson explained that HRW monitors and reports human rights abuses in over 95 
countries in the world and that they are not here to condemn Kuwaiti society as 
an abusive one but rather to find out what is wrong with the system and fix it. 
"The first step towards solving any problem is to recognize its existence," she 
explained. Luckily there are many people in Kuwait, so many officials and MPs, 
who understand that this problem exists. We are here to help Kuwait find a 
solution to this problem.

When asked about whether the organization's location in the US, and given the 
United States' human rights violations, inhibits their right to advocate for 
human rights in other countries, Whitson said that HRW does not select which 
country to focus on and ignore others. "With respect to the United States, I 
don't think there is any organization in the world that documented the US' 
abuse of human rights in Guantanamo, Abu Ghraib and Bagram like we did," she 
said.

It's very easy to try and ignore abuse in one's country, or even in another 
country, by looking at something that's worse," she said. "What every society 
is responsible for at minimum is fixing what's wrong at home. We should all be 
aware of the abuses that are happening outside our country but our first and 
foremost responsibility is to fix what's wrong at home," Whitson said.

Motaparthy said Kuwait suffers from three main problems when it comes to 
domestic laborers. "The first is the lack of a labor law for domestic laborers 
in Kuwait. Domestic workers are one third of the workforce here and yet they 
don't enjoy the same protections that other workers enjoy. This means that 
there is no law that sets limits for working hours per day, overtime pay or the 
number of days that should be worked each year. Also, there is no law that 
provides yearly holidays or sets requirements for at least one day off per week 
for domestic workers," she pointed out. "The recently passed labor law 
specifically excluded domestic workers, and we'd really like to see that 
changed," she added.

Secondly," continued Motaparthy, "there is no law in Kuwait that is called the 
sponsorship law. It is essentially a collection of immigration laws and 
regulations that govern domestic workers' legal residence here in Kuwait." 
According to Motaparthy, the two main problems with the sponsorship system in 
Kuwait are the fact that domestic workers can't change their jobs without their 
employer's consent. "Under Kuwaiti law, absconding from your place of work and 
leaving your job is considered running away and is a crime," she continued. 
"You can face up to six months in prison or be fined a few hundred dinars for 
doing so. In our opinion, it shouldn't be a crime to quit your job. Children 
are the ones who run away, adult workers quit their jobs and this is a right 
that every worker should have," the HRW official said during the press 
conference.

The third problem is the inability of these workers to seek redress for 
violations that happened during their time of employment," she said. "If they 
are not paid their wages, or if they are subjected to any kind of abuse during 
their employment, it's very difficult for them to seek redress through the 
current court system," Motaparthy asserted.

HRW officials gave three recommendations for the Kuwaiti government. "First of 
all we would like to see a labor law that better protects domestic workers and 
offers them the same rights that other workers have," Motaparthy said. 
"Secondly we believe that the sponsorship system needs to be reformed. The 
minister of labor announced last week that Kuwait plans to abolish the 
sponsorship system in February 2011 and we hope that this will be the case. 
Lastly, there needs to be a way for domestic workers to pursue their complaints 
through the court system without waiting for months, with no ability to work 
and send help to their families," Motaparthy concluded.

Manik J, a Sri Lankan, said she had worked for more than 18 hours a day for 10 
months, but did not receive her salary for most of the period although she 
worked for two families. She was at the government shelter. Twenty-one domestic 
workers interviewed by HRW said they had worked 18 hours or more per day on 
repeated occasions. A 2004 International Labour Organisation study found that 
maids in Kuwait worked for 101 hours weekly, HRW said. The main abuses include 
physical and sexual abuse, non-payment or delay in payment of salary, long 
working hours, no weekly rest day and others, the report said. HRW said it 
interviewed 22 maids who said their employers or agents had physically abused 
them, and seven spoke of sexual abuse.

An ambassador in Kuwait for a labour-exporting country told HRW that, during 
2009, the embassy received 950 rape and sexual harassment claims. Mary P, a 
Filipina, told HRW her employer beat and insulted her every day, using 
degrading language. "Sometimes my sir would spit in my face. My employer always 
called me dog, donkey ... There was no day the employer didn't say these bad 
words ... I have accepted this because I am the breadwinner of my family," she 
said.

Motaparthy said that based on HRW data, "each week, at least two domestic 
workers fall from high places," in apparent attempts to commit suicide to 
escape abuse. Nisha Varia, the senior researcher for the women's rights 
division of HRW, said that the issue of domestic workers has become one of the 
leading labor issues globally.

Right now the United Nations and the International Labor Organization has 
decided that this issue is of such importance that they are creating a new 
international treaty to establish labor standards for domestic workers," she 
said. According to Varia, this new treaty for domestic workers will be 
finalized in June 2011 and the draft provision will guarantee that domestic 
workers will have the same type of rest periods, days off and holidays enjoyed 
by other workers in the private sector. "Kuwait really has the opportunity to 
go further and be the country that other countries in the region look to when 
trying to figure out how to deal with these problems," she said.

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