More protection for foreign workers in new residency law

In yet another serious attempt to eliminate trafficking in persons and human right violations the Kuwaiti Council of Ministers approved on Nov 12 a draft decree-law on the residence of foreigners, aimed at prohibiting the trade in residence, establishing rules for the deportation and expulsion of foreigners, and imposing strict penalties on those who violate the provisions of the Foreigners’ Residence Law.

The new law comprising seven chapters and 36 articles includes among others:

Prohibition in the trading in residencies by facilitating the recruitment of foreigners through accepting or offering financial benefits in exchange for entry visas, residency permits, or renewals.
The law prohibits employers from forcing foreign workers to engage in work other than that specified in their work permit.

Employers are also not permitted to illegally withhold wages of their employees
It is also illegal for anyone other than their sponsor to shelter or employ expats, whether their residencies are valid or expired.

Building owners are also prohibited from renting living space to illegal expats
Sponsors of foreigners are now obligated to notify the Ministry of Interior if a foreigner’s visa or residency expires and they do not leave the country.

In a bid to realign the country’s demographic structure, a quota system in the hiring of employees will be introduced and employers will not be allowed to exceed the quota for each nationality
The new law imposes severe penalties on those who violate provisions of the new law, and establishes rules for the deportation and expulsion of expatriates violating the Foreigners’ Residence Law.

Earlier the National Standing Committee to Combat Trafficking in Persons and Smuggling of Migrants had forwarded 12 recommendations to the cabinet to address human trafficking and migrant smuggling, and called 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,

Minister of Justice and Minister of Awqaf and Islamic Affairs, Dr. Mohammed Al-Wasmi, who heads the National Standing Committee in Combating Trafficking, presented the recommendations to the Council of Ministers on 22 October.

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.

The committee also suggested strengthening 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.