Deadly Fire in Kuwaiti Foreign Worker Housing Facility

A fire of undetermined origin in the Mafraq area of Kuwait City killed at least 49 people, mostly migrant workers. 

Most of the fatalities were due to suffocation, Gen. Eid Rashed, from the police criminal forensic department, told state television. He warned the death toll could rise, adding that eleven people were being treated in hospitals. Authorities had identified three of the bodies, he said, but did not say if their families had been notified.

A fire department official said the large number of floors and escape corridors made it difficult for the trapped residents to escape the burning building.

Migrants make up two-thirds of Kuwait’s private workforce, and rights groups have long said they face legal and discriminatory challenges not experienced by Kuwaiti nationals. Human Rights Watch’s 2023 World Report noted migrant workers in Kuwait face “verbal, physical and sexual abuse” and are often “forcibly confined in their employers’ homes.” A 2023 study by international and Kuwaiti researchers said Kuwait’s existing labor regulations are inadequate, finding “substantial increases in occupational injury risk” from hot temperatures despite a previous government effort to address the matter.

“Socially disadvantaged workers and migrant workers, in particular, can be disproportionately affected by hazardous heat,” the study said. “These vulnerable workers tend to take risky jobs with little health and safety training, work longer hours, receive less pay, face cultural and language barriers, and fear a looming risk of deportation. They have been found to sustain greater rates of occupational injuries.”

Military Forces in Kuwait

None of the fire casualties were American servicemembers or contractors. But the U.S. and this emirate are long-term military partners.

The United States and Kuwait share the same goal, which is a stable, secure, and prosperous Middle East. Kuwait is also a vital U.S. partner on a wide range of regional security issues and a leader in the Global Coalition to Defeat the Islamic State of Iraq and Syria (ISIS). The United States works with Kuwait and other members of the Gulf Cooperation Council to increase cooperation on border security, maritime security, arms transfers, cybersecurity, and counterterrorism. 

In 1991, as part of Operation Desert Shield/Desert Storm, U.S. military forces led a multinational coalition to expel the forces of the former Iraqi regime from Kuwait. Subsequently, Kuwait served as the major logistics base for U.S. and Coalition operations in Iraq during Operation Iraqi Freedom. The emir opened up 60% of the country and turned it over to the U.S.-led coalition. Kuwait also assisted with the drawdown of U.S. combat forces and equipment from Iraq up until the last American troops left in 2011.

This partnership is permanent. The United States and Kuwait have a 1991 Defense Cooperation Agreement (DCA) and a 2013 Acquisition and Cross-Servicing Agreement (ACSA). Approximately 13,500 U.S. forces are based in Kuwait, primarily at Camp Arifjan and Ali al-Salem Air Base. Only Germany, Japan, and South Korea host more U.S. forces than Kuwait does. Kuwaiti citizens and allies benefit from this partnership as well. The United States currently maintains 2,200 Mine Resistant Ambush Protected vehicles in Kuwait. The majority of these vehicles are prepositioned for any necessary U.S. Army operations, and the remainder are contracted for distribution to partners throughout the region.

In 2004, George W. Bush designated Kuwait as a Major Non-NATO Ally. That designation provides a number of benefits reserved to NATO and allied nations, including potential participation in cooperative Research and Development, priority delivery for Excess Defense Articles, and reciprocally-funded cooperative training.

The U.S. has $19.95 billion in active government-to-government sales cases with Kuwait under the foreign military sales (FMS) system. The United States Interagency Man-Portable Air Defense Systems (MANPADS) Task Force provides training on MANPADS Recognition and threats to aviation security to border security, aviation security, and defense personnel working on the front lines to fight illicit weapons proliferation. Since 2019, the MANPADS Task Force has provided MANPADS recognition and interdiction training to Kuwaiti security officials.

Since 2016, the United States has also authorized the permanent export of over $416 million in defense articles to Kuwait via the direct commercial sales (DCS) process. The top categories of DCS to Kuwait include military electronics, fire control/night vision, and aircraft.

These defense sales have substantially developed the capacity of the Kuwait military to defend itself, combat terrorism, and promote regional security and stability.

The Ministry of Interior and the Kuwait National Guard have also partnered with the Embassy’s Office of Military Cooperation through the Joint and Combined Exchange Training program. This program works with local counterterrorism units via training and bilateral exercises to increase Kuwait’s counterterrorism capacity.

Military Facilities in Kuwait

It is hard to believe, but Operation Desert Shield was more than thirty years ago. Many military facilities in Kuwait date back to this period. They need renovation and expansion. 

“Rear area” locations like Kuwait do not need many combat contractors, although this nation has seen its share of terrorist attacks. Instead, contractors in Kuwait usually focus on facilities and combat support.

Aging facilities must be updated and renovated. Runways must be longer and harbors more advanced. Contractors are ideal for such short-term projects. When the construction project ends, the government’s financial commitment ends as well. Construction contractors are flexible on the front end as well. Instead of spending time on detailed planning, government officials must only sign off on the contractor’s designs and send contractors to the field.

Usually, private contractors are onsite managers who keep the work moving on schedule. Kuwaiti locals typically do the actual construction work. This arrangement helps the local community feel invested in the project, reducing the likelihood of theft, vandalism, or something even worse.

Nevertheless, these construction sites usually require armed security guards (private military contractors). Construction sites in Kuwait are not nearly as secure as construction sites in Kansas.

Injury Compensation Available

Defense Base Act benefits are available to contractors who sustained a trauma injury or occupational disease while they were stationed overseas in a war zone. Let’s break down these requirements individually.

Covered contractors include combat, combat support, and construction contractors. Technically, DBA benefits are available to any non-government employees performing government-related work, such as Peace Corps volunteers.

Falls are the most common trauma injuries. These injuries are common among combat and non-combat contractors alike. Hearing loss is one of the most common occupational diseases. Many military facilities are noisy enough to damage hearing but not noisy enough to mandate ear protection.

“Overseas” usually means any foreign country. Some U.S. possessions, such as Guam and Guantanamo Bay, are also “overseas” locations for DBA purposes. A country is a “war zone” if that country has any regular U.S. military presence, such as an embassy guard.

DBA benefits include lost wage replacement and medical bill payment. For more information about these benefits, contact Barnett, Lerner, Karsen & Frankel, P.A.