Domestic Workers in Kuwait Flee in Face of Abuse, Even Killings

By Warren Popp
Impunity Watch Reporter, Middle East

Domestic workers, fleeing abuse, are living in a makeshift shelter at the Philippine Embassy. (Photo by Moises Saman of the New York Times)
Domestic workers, fleeing abuse, are living in a makeshift shelter at the Philippine Embassy. (Photo by Moises Saman, Courtesy of the N.Y. Times)

KUWAIT CITY, Kuwait – Hundreds of domestic workers from the Philippines are filling the lobby of the Philippine embassy in Kuwait. As more domestic workers continue to arrive, they are straining the already limited capacity of this make-shift shelter.

The Philippine workers have been fleeing their Kuwaiti sponsors on a daily basis since at least 2009 (a Kuwait Times article in July 2009 cited reports of five to ten Philippine maids fleeing daily). The New York Times reported that Philippine embassy officials fear that the arrival of Ramadan in the coming weeks, with the extra strain of the long days of food preparation for the large evening meal, and long nights, is expected to lead to the arrival of perhaps hundreds of new domestic workers seeking protection at the embassy. To highlight this fear, the New York Times reported the case of Rosflor Armada, who said that during Ramadan last year, she was only permitted to sleep for two hours because she need to cook for the evening meal. She reportedly left her employers after they tried to make her wash windows at three in the morning. Armada is one of those staying in the embassy shelter.

The New York Times notes that the existence of these types of shelters represents “a hard reality here:” There are few legal safeguards for employers who mistreat or refuse to pay their domestic workers, and the existing laws pertaining to domestic workers reportedly err on the side of protecting employers. Thus, for many workers, escape from their employers is their only viable option. It should also be noted that, according to the New York Times, these informal shelters are open secrets and touchy subjects in Kuwait.

A 2010 United States Department of State report noted some migrants “are subjected to conditions of forced labor by their sponsors and labor agents, including through such practices as nonpayment of wages, threats, physical or sexual abuse, and restrictions on movement, such as the withholding of passports.”

Kuwaiti official claim that the majority of the approximately 650,000 domestic workers in Kuwait are treated well, with many being considered a part of the families that they are employed by, and many are even given extra pay and benefits during Ramadan.

Sariah, a domestic worker, was beaten to death by her employers, who killed her with a blow to the back of her head with a blunt object. (Photo Courtesy of Migrant Care)
Sariah, a domestic worker, was beaten to death by her employers, who killed her with a blow to the back of her head with a blunt object. (Photo Courtesy of Migrant Care)

However, separate stories of Indonesian domestic workers being brutally killed by their sponsors in recent weeks, as well as reports that a Sri Lankan domestic worker was imprisoned by her Kuwaiti employers for 13 years, have drawn attention to the issue. In the case of domestic worker, Abdulaziz al Falekh, the couple that was sponsoring her admitted to torturing her, and then, after fearing that the maid would die from the torture, taking her to the desert and crushing her to death with their car to make it look like she was run over by another motorist.

In the case of a domestic worker named Sariah, an Indonesian forensics team found that she was beaten to death with a blunt object, while a Kuwaiti forensics team had earlier claimed that Sariah had died of natural causes. According to the Jakarta Globe, Sariah told her family that her boss routinely abused her, and, in her last phone conversation with her family, she informed them that she had been beaten and locked in a room without meals. The director of Migrant Care, which was contacted by Sariah’s family after she was admitted to hospital in a coma, claims that Kuwaiti officials failed to investigate the case despite solid evidence that there was torture and beatings caused by her employer. The director said that Migrant Care was forced to act to ensure an autopsy was completed, as the government does not routinely do autopsies on deaths of migrant workers.

The director of Migrant Care said that, according to its data, there has not been a single foreign employer from a Middle-East country that has been found guilty of abusing a domestic worker. She hopes that Sariah’s case, “could be the starting point to investigate other deaths and we hope the government will be more attentive to our workers.”

For more information, please see:

New York Times – Immigrant Maids Flee Lives of Abuse in Kuwait – 1 August 2010

Jakarta Globe – Ministry Probes Brutal Death Of Indonesian Maid in Kuwait– 23 July 2010

Manilla Bulletin Publishing Corporation – DFA Confirms Death of 2 OFWs in Kuwait – 20 July 2010

Arab Times – Couple Admits Killing Filipina Maid – 17 July 2010

Kuwait Times – 5 to 10 Filipina Maids Fleeing Sponsors Daily – 27 July 2009

KENYA IN THE AFTERMATH OF REFERENDUM FOR NEW CONSTITUTION

By: Eric C. Sigmund
Impunity Watch Reporter, Africa

NAIROBI, Kenya – Voters in Kenya today came out to vote in a historical referendum to approve a new constitution for the African state.   The proposed constitution has been touted internationally for addressing issues of tribalism, centralization of power and corruption.  This document would replace Kenya’s current constitution of 47 years old.  Although official results from today’s vote will not be made public until Friday, opinion polls show public support for a new constitution above 60 percent.

Millions of Kenyans Turn out for Referendum for New Constitution
Millions of Kenyans Turn out for Referendum for New Constitution

The new constitution places significant limitations on political power and seeks to create a unified Kenya, free of tribal conflict. In addition to other significant changes, appointments of senior public servants and judges would require parliamentary approval and only professional lawyers and judges would be able to sit on the judiciary’s cabinet.  The constitution also envisions a new method of sharing resources nationally in order to promote political and economic stability.

Despite these changes, some groups have expressed concern about the current draft.  In particular, numerous U.S.-based Christian groups have poured money into anti-referendum campaigns claiming that the new constitution eases laws on abortion and Islamic courts.   There has also been an outcry from international investors who oppose the new draft’s land holding policies which limit foreigners from owning land for a period of no longer than 99 years.   

In preparation for the referendum, the government deployed over 63,000 police forces to polling sites throughout the nation in order to avoid politically motivated violence.  The government also moved to strictly enforce hate speech laws against parliamentarians in the days leading up to the referendum for trying to instigate violence. Politicians have been known to exploit antagonism among ethnic tribes to encourage tribal conflict in order to maintain power and control. Many feared that this vote could lead to a repeat of the 2007 post-election bloodshed that left over 1,300 people dead and which forced over 300,000 to flee their homes as the violence spread in 2008.  Currently there have been no reports of violence or intimidation during or after the referendum.

Even if the referendum results in the endorsement of the draft, it may still be difficult to finalize and eventually enforce the new laws.  There are growing concerns that some tribal groups may attempt to revolt against the government.  Mwalimu Mati, director of Mars Group Kenya, an anti-corruption watchdog group, warns of growing ethnic hatred among groups but claims that the arrest of high level officials has helped stave off violence.  Mr. Mati knows however, that the country still has a tough time ahead and must address underlying tribal and ethnic hatred before a new constitution can be affective.  Mr. Mati concludes that “[u]ntil we truly get to the bottom of resolving those problems, real change is a ways off yet.” 

For more information, please see:

Al-Jazeera – Millions Vote in Kenya Referendum – 4 Aug., 2010

Christian Science Monitor – Kenya Referendum: Voters Cast Ballots, Tensions High – 4 Aug., 2010

Kenya Broadcasting Corporation – Voting in Kenya’s Referendum Closes – 4 Aug., 2010

Christian Science Monitor – Kenya Reins in Hate Speech Ahead of Constitution Vote – 18 June, 2010

Brazilian President Offers Asylum To Iranian Woman Set To Be Stoned

By Patrick Vanderpool
Impunity Watch Reporter, South America

 

Brazilian President Luiz Inacio Lula da Silva Brokers Nuclear Deal with Iranian President Mahmoud Ahmadinejad (Photo courtesy of CNN)
Brazilian President Luiz Inacio Lula da Silva Brokers Nuclear Deal with Iranian President Mahmoud Ahmadinejad (Photo courtesy of CNN)

 

SÃO PAULO, Brazil – Brazilian President Luiz Inácio Lula da Silva has called on Iranian President Mahmoud Ahmadinejad to send an Iranian woman facing execution by stoning to Brazil, where she would be granted asylum.

The Brazilian President, known popularly as Lula, shares a friendship with President Ahmadinejad and was quoted as saying “nothing justifies the state taking someone’s life, only God can do that.”

The woman facing execution, 43 year old Sakineh Ashtiani, was convicted of adultery in 2006, although she denies having any extramarital relationships.  An international public campaign has been forged against the execution.  Lula is being specifically targeted as a means to stop the execution because the two leaders have developed a personal connection since Brazil undertook diplomatic efforts supporting Iran’s uranium enrichment activities a year ago.

In Brazil, citizens have held protests expressing their concern with the human rights issues that are at stake with Ashtiani’s case.  Brazilian citizens have also circulated a petition to garner support for their cause.  The petition contains more than 114,000 signatures, including signatures from many Brazilian celebrities.  Initially, Lula was not willing to intervene and claimed that Iran’s laws and decisions needed to be respected.

The United States is standing behind Brazil’s efforts and is urging President Ahmadinejad to consider Lula’s offer.  Philip Crowley, spokesperson for the Department of State, said “[i]f Brazil is willing to accept… this woman, we would hope that Iran would consider that as a humanitarian gesture.”

While Lula has previously lobbied President Ahmadinejad to free foreign prisoners when human rights issues were involved, the stoning situation marks the first time that the Brazilian President has interfered after Iranian law was applied to an Iranian citizen.

According to a recent report in the Jahan News, an Iranian newspaper, President Ahmadinejad is not entirely open to Lula’s offer.  The report referred to the Brazilian President’s offer as a “strange request” and said it amounted to “interference in Iran’s national affairs.”  Although there are reports that the Iranian Government have agreed not to stone Ashtiani to death, other forms of execution are still a reality, including beheading and hanging.

For more information, please see:

AOL News – Report: Iran Cool To Brazil’s Asylum Offer in Stoning Case – 3 August 2010

AFP – US Backs Brazil Asylum Offer For Iran Woman Facing Stoning – 2 August 2010

NY Times – Brazil’s President Offers Asylum To Woman Facing Stoning In Iran – 1 August 2010

Reuters – Brazil Offers Asylum To Iranian Woman Facing Stoning – 31 July 2010

Israel to Deport 400 Migrant Children

By Elizabeth A. Conger,
Impunity Watch Reporter, Middle East

Children of migrant workers at a protest against the deportation of the children of foreign workers. / Photo courtesy of:
Children of migrant workers protesting the decision to deport 400 migrant children from Israel. / Photo courtesy of David Bachar, Haaretz.com

JERUSALEM, Israel –  On Sunday, Prime Minister Benjamin Netanyahu’s cabinet recommended the deportation of 400 children of migrant workers within the next month.  The recommendation was approved by thirteen ministers, and voted against by ten, with four ministers abstaining.

Out of 1,200 children considered for deportation this past year, 800 were allowed to stay in Israel.

Of the remaining 400 children, those whose migrant parents have been in Israel for less than five years, and who have not yet entered first grade or a higher grade, will be deported.  Those children allowed to stay in Israel must also speak Hebrew, and if they were not born in Israel, must have arrived in Israel before the age of thirteen.  The parents of children allowed to stay must also have entered Israel legally.  Borderline cases will be decided by a special committee.

Social Affairs Minister Isaac Herzog abstained from the vote, stating: “I didn’t vote in favor [of the proposal] despite the improvements, which I supported, I could not accept deporting a group of five-year-old children.”

Those families whose children do meet the criteria must submit a request to the Interior Ministry within twenty one days.  If they are found to qualify, they will be given an additional twenty one days to produce required documentation. If approved, their parents and siblings will be entitled to temporary residence permits.

Netanyahu said of the decision: “This is a reasonable and balanced decision . . . It was influenced by two primary considerations – the humanitarian consideration and the Zionist consideration. We’re looking for a way to absorb and adopt to our hearts children who were brought up and raised here as Israelis. On the other hand, we don’t want to create an incentive that will lead to hundreds of thousands of illegal migrant workers flooding the country.”

Israeli Radio has reported that the Kibbutz Movement has made an offer to absorb the 400 children.  Kibbutz  Movement Secretary-General Ze’ev Schor appealed to Defense Minister Ehud Barak to freeze the cabinet’s decision.  Schor stated that the children slated for deportation were Israeli in every aspect beside their citizenship.

UNICEF Israel protested the cabinet’s decision calling it a “blatant violation” of the Convention on the Rights of the Child, to which Israel is a signatory.  “Israel must formulate a human immigration policy and stop the senseless revolving door policy, that wants to deport migrant workers and their children, on the one hand, and bring in new ones instead, on the other.”

Physicians for Human Rights Israel also protested the cabinet’s decision and said: “The threat of deportation that hangs over the heads of hundreds of children is a dreadful edict, which we refuse to accept. We will continue to act in order to make sure that all the children receive legal status in Israel and to assure that Israel establish a humane and orderly immigration policy. Adhoc solutions like this one are no replacement for such a policy.”

Israel has a population of 7.5 million, 250,000 to 300,000 of which are migrant laborers.  Only half of the migrant laborers in Israel have valid documentation.  Due to security concerns, Israel began to invite foreign workers for limited time periods to replace Palestinians from the West Bank and Gaza to work in construction, agriculture and domestic work.  A significant proportion of those initially invited to work in Israel have outstayed their visas. The migrant population also continues to swell because of an influx of African refugees and economic migrants entering the porous border with Egypt.

For more information, please see:

Haaretz.com – Kitbbutz Movement Offers to Absorb Children of Foreign Workers set for Deportation – 2 August 2010

The Jerusalem Post – 400 foreign workers’ kids out – 2 August 2010

The New York Times – Israelis Divided on Deporting Children – 2 August 2010

Haaretz.com – Cabinet Approves Deportation of 400 Migrant Children from Israel  – 1 August 2010

 

 

XENOPHOBIA IGNITES AFTER WORLD CUP

By: Eric C. Sigmund
Impunity Watch Reporter, Africa

 JOHANNESBURG, South Africa – Numerous immigrants to South Africa are being expelled from their homes in the wake of the World Cup as xenophobia spreads throughout the country.  Many observers warned of a campaign among the South African populous to remove foreigners from South Africa after the World Cup concluded.  Some believe that this move to shun foreigners is more than a self-fulfilling prophecy and instead represents a xenophobic undercurrent in parts of South African society. 

Although the recent expulsion has affected Africans of different nationalities, emigrants from Zimbabwe have specifically been targeted by the South African xenophobes.  Nantes Rykaart of Interactive Security notes that “foreigners have been streaming out of the country” since the end of the World Cup.  The government has acted quickly to stem the violence against foreigners, fearing a repeat of the 2008 situation where xenophobic violence left over 60 people dead and thousands of foreigners displaced.  The South African army has even been called to move into settlement areas to maintain law and order. 

The official policy of the government towards combating xenophobia in South Africa however, is unclear.  Although the government recently established an agency, the Inter-Ministerial Committee on Xenophobia, to help stop violence against foreigners, the government continues to deny the existence of xenophobia in South Africa.  Government officials have come out against this most recent episode of attacks calling perpetrators “criminals covered in xenophobia skin.”   These officials contend that the South African media is mischaracterizing these perpetrators as xenophobes when in fact they are simply criminals. 

Loren Landau, director of the Forced Migration Studies Program at Witwatersrand University, however, believes that the government is failing to address the seriousness of this situation.  Landau states that these acts are just being dismissed as run-of-the-mill criminal acts while in reality “we are starting to realize that these are linked to something deeper, a broader pattern of xenophobia and violence that has gone unaddressed.”  Landau contends the government has been hesitant to tackle the problem of xenophobia in South Africa for fear that it would tarnish the national image of unity and equality that has been fought for ever since the end of Apartheid. 

The solution, according to Landau, is to address the issues of poverty and unemployment in South Africa.  Although the country was recently the host to the nations of the world, many citizens are now turning against the country’s impoverished foreigners.   Now politicians are leveraging this xenophobic sentiment to mobilize impoverished South Africans in order to gain support and shift blame away from the government. 

Aid organizations and rights activists are mobilizing to prevent the spread of violence and to erase anti-foreign perceptions.  Some groups are working to install emergency hotlines in order to help facilitate police response to violent events.  Despite these initial efforts, human rights groups fear that the current violence is only the prequel to a larger nationalist upheaval. 

For more information, please see:

Pretoria News – Policy on Foreigners in SA Needs Review – 29 July, 2010

The Star – Rage Against Foreigners Coming to a Boil in South Africa – 29 July, 2010

Pretoria News – Say Yes to Ubuntu and No to Xenophobia – 27 July, 2010

Africa Today – South Africa Sends Troops to Kya Sands After Attacks on Foreigners – 22 July, 2010