Kuwait launches 12-point strategy to tackle trafficking, reform visa system

• The Council of Ministers’ recommendations include protecting victims from penalties, increasing inspections of recruitment agencies, improving handling of domestic workers’ complaints, enforcing stricter passport confiscation penalties, abolishing recruitment fees, and punishing offenders.

The Standing National Committee to Combat Trafficking in Persons and Smuggling of Migrants has issued twelverecommendations to address human trafficking and migrant smuggling, calling for reforms to the employer-based visa system.

These reforms include allowing workers to change employers freely and leave the country without the employer’s approval. In response, the Council of Ministers urged government members to cooperate with the committee and provide full support to strengthen Kuwait’s position in relevant international organizations, according to Al Qabas newspaper.

The Council of Ministers’ decision was based on a visual presentation provided by Dr. Mohammed Al-Wasmi, Minister of Justice and Minister of Awqaf and Islamic Affairs, during the council’s meeting on October 22, regarding the work of the committee.

The recommendations included measures to ensure victims are not penalized for acts committed as a result of trafficking, increased inspections of both registered and fraudulent recruitment agencies, improved handling of domestic workers’ complaints to identify potential trafficking cases, stricter penalties for passport confiscation to deter perpetrators, the abolition of recruitment fees imposed on workers, and the punishment of offenders.

New action plan to tackle human trafficking

According to the decision of the Council of Ministers—whose copy was obtained by Al-Qabas newspaper — the council reviewed, in meeting No. (42-2024/2) held on October 22, a visual presentation by the Minister of Justice and the Minister of Awqaf and Islamic Affairs regarding the work of the Permanent National Committee to Combat Trafficking in Persons and Smuggling of Migrants. This reflects Kuwait’s commitment to addressing this global issue in all its forms and manifestations.

The crime of trafficking in persons is considered a violation of Islamic Shariah principles and human rights. The implementation of Law No. 91 of 2013 on combating trafficking in persons and smuggling of migrants, along with relevant international conventions, requires concerted efforts from all ministries, bodies, and institutions of the state.

The Council of Ministers reiterated its support for the committee’s efforts to enhance Kuwait’s standing in international organizations. The committee has developed an action plan based on four main objectives with strategic priorities: prevention, protection, prosecution, and comprehensive issues.

The text of the resolution indicated that the Council reviewed the visual presentation from the Standing National Committee on Combating Trafficking in Persons and Smuggling of Migrants. The presentation was delivered by Sheikha Jawaher Al-Sabah, Assistant Minister of State for Human Rights Affairs, and Riya Al-Rashidi, Assistant Undersecretary for Legal Affairs, to the Ministry of Justice. It covered Kuwait’s assessments from 2001 to 2024 in the U.S. Report on Combating Trafficking in Persons and Migrant Smuggling.

Recommendations of the Standing Committee on combating trafficking in persons

1. Proactively examine trafficking indicators among vulnerable groups, including those in public and unofficial embassy shelters, those arrested for immigration violations, or those fleeing abusive employers facing malicious charges, to ensure that victims are not penalized for illegal acts committed as a direct result of their trafficking.
2. Establish special protection services for male victims, including providing accommodation and determining procedures for their access to care.
3. Ensure unhindered access to government shelters for all potential victims, including those who refer themselves, and disseminate relevant new policies to all officials to ensure that potential victims are not denied care.
4. Fully implement the national referral mechanism by issuing guidance for its use, providing a budget for its implementation, increasing training for all relevant officials and non-governmental organizations, and ensuring that official guidelines are available to all front-line responders for the routine use of these procedures.
5. Strengthen the enforcement of laws relating to domestic workers by facilitating their access to authorities, increasing inspections of registered and fraudulent recruitment agencies, and improving the examination of domestic workers’ complaints to identify possible trafficking cases.
6. Reform the employer-based visa system to allow all workers to change employers at any time and leave the country without the need for the employer’s consent.
7. Continue to increase law enforcement efforts to investigate, prosecute, and convict traffickers, including Kuwaiti nationals and officials alleged to be complicit, under the Anti-Human Trafficking Act of 2013, instead of other criminal laws where appropriate.
8. Increase the number of investigations and prosecutions of employers who illegally confiscate migrant workers’ passports and tighten penalties for confiscating passports to deter potential perpetrators.
9. Strengthen efforts to prosecute allegations of criminal forced labor offenses rather than administrative offenses, and refer cases with trafficking indicators, such as complaints of non-payment of wages, passport confiscation, and restriction of movement, to investigate possible trafficking offenses.
10. Implement Article 10 of Law No. 6 of 2010 by issuing a decision to abolish the employment fees imposed on workers and imposing penalties on non-compliant agencies and employers who subject workers to these fees.
11. Expand efforts to raise awareness about the protection of migrant workers and the sanctions for traffickers, particularly for the most vulnerable groups.
12. Strengthen the implementation of the National Anti-Trafficking Strategy developed by the Trafficking Committee.