Arab Press

بالشعب و للشعب
Saturday, Feb 22, 2025

Iran is not alone. No diplomatic immunity also in UK, Supreme Court rules

Iran is not alone. No diplomatic immunity also in UK, Supreme Court rules

The UK Supreme Court says a Saudi diplomat accused of exploiting a Filipina worker is not protected.
The UK Supreme Court has ruled that diplomats cannot hide behind immunity to exploit workers, in a victory for campaigners against modern slavery.

Diplomats are normally protected from both criminal charges and civil cases in the countries where they are posted.

But the court found a Saudi diplomat accused of exploiting a Filipina domestic worker in London did not have immunity in relation to the allegation.

The decision paves the way for the woman to seek compensation.

Lawyers said it was the first ruling of its kind in the world.

The case was brought by Josephine Wong, 30, who alleges she was forced to work for Khalid Basfar and his family in conditions of modern slavery.

Her lawyers say she was confined to the house at all times except to take out the rubbish, subjected to verbal abuse, and given only left-over food to eat when her employers were at home.

She alleges that she was made to work from 07:00 until around 23:30 every day of the week, with no days off or rest breaks, and that she was forced to wear a door-bell so her employers could summon her at any moment.

She alleges that after being brought to the UK from Saudi Arabia in 2016, she was not paid anything for seven months. She says she was then paid about £1,800 for six months' work in one lump sum - a fraction of her contractual entitlement - and after that not paid again.

Ms Wong managed to escape in 2018 and brought a claim against Mr Basfar in an employment tribunal.

He argued that Ms Wong's claim should be struck out on the basis of his diplomatic protection.

Under article 31 of the Vienna Convention on Diplomatic Relations, diplomats enjoy immunity from criminal prosecution. But any commercial activity outside their professional work can be the subject of civil claims.

The UK Supreme Court's justices have now ruled - by a majority of three to two - that if the facts of the case are proved, Mr Basfar does not have diplomatic immunity because his alleged exploitation of her amounted to commercial activity.

In a summary of its judgement, the court said: "The extent of control over Ms Wong's person and dominion over her labour exercised by Mr Basfar on the assumed facts of this case was so extensive and despotic as to place her in a position of domestic servitude.

"Further, on the assumed facts Mr Basfar gained a substantial financial benefit by deliberately and systematically exploiting Ms Wong's labour for almost two years, initially for a fraction of her contractual entitlement to wages and latterly for no pay at all. This conduct is accurately described as a commercial activity practised for personal profit."

The court also noted: "There is evidence that exploitation of migrant domestic workers by foreign diplomats is a significant problem, so that the question raised on this appeal is one of general importance."

Anti-slavery campaigners have welcomed the ruling.

Ms Wong's lawyer, Nusrat Uddin, told the BBC: "It's justice at last for our client. And for all of the potential victims at risk of being exploited by diplomats. It allows recourse to take legal action and that's extremely empowering.

"We hope that this will act as a deterrent and that other countries - for example the United States - will take the UK's lead on this."

James Fookes, Anti-Trafficking Monitoring Group Co-ordinator at the charity Anti-Slavery International, said in a statement: "We don't know the full extent of abuse and exploitation of domestic workers in the UK, but this ruling is the first of its kind in the world and will shine more light on this serious issue and will hopefully lead the way to greater protection."

Mr Basfar's solicitors declined to comment on the ruling. There was also no immediate response from the Saudi embassy in London.
Newsletter

Related Articles

Arab Press
0:00
0:00
Close
The negotiation teams of Trump and Putin meet directly, establishing the groundwork for a significant advance.
Israeli Minister Urges Hamas to Surrender and Depart from Gaza.
Iran Considers Moving Its Capital Due to Urban Difficulties
Israel and Hamas Finalize Sixth Exchange of Hostages and Prisoners During Continuing Gaza Ceasefire
Leaders of BRICS to Gather in Rio de Janeiro for July Summit
Muhsin Hendricks, a trailblazing openly gay imam, was killed in South Africa.
Trump's special envoy for hostage affairs cautions Hamas against challenging Trump before Saturday's deadline.
Two British citizens apprehended in Iran amid escalating tensions.
Israel Issues Threat of Military Action as Hostage Negotiations with Hamas Continue
Hamas Coordinates Worldwide Solidarity Marches in Reaction to U.S. and Israeli Initiative
Israel Warns of Ending Gaza Ceasefire Due to Hostage Situation
King Abdullah II Dismisses US Proposal to Relocate Palestinians, Commits to Welcoming Gaza Children.
Lebanon Installs New Government with Hezbollah's Impact on Key Ministries
Report: Iran Attempted to Assassinate Trump During Election Campaign
U.S. Authorizes $7.4 Billion Arms Sale to Israel
Iran's Supreme Leader Rejects Nuclear Negotiations with the U.S.
UN Chief Denounces Trump's Gaza Plan, Cautions Against Ethnic Cleansing
Pressure Intensifies for a Free Trade Agreement between the UK and GCC in Light of Economic Difficulties
Israel to Withdraw from UN Human Rights Council Due to Accusations of Anti-Semitism
EU Reaffirms Gaza's Essential Role in Future Palestinian State Following Trump's Proposal
Iranian Currency Reaches All-Time Low Amid US 'Maximum Pressure' Initiative.
UN Reaffirms Ban on Deportation from Occupied Territories Amid US Gaza Proposal
Palestinians Fear Repeat of 'Nakba' Amid Ongoing Crisis in Gaza
UAE Aids in the Exchange of 300 Prisoners Between Russia and Ukraine
Egypt Seeks Global Backing for Two-State Solution Following US Proposal for Gaza Plan
Trump's Suggestion to 'Seize Control' of Gaza Represents a Significant Shift in US Policy
French President is the first EU leader to extend congratulations to the new Syrian President.
Tunisian President Appoints New Finance Minister Amid Economic Crisis
Trump Suggests U.S. 'Takeover' of Gaza, Prompting Global Worries
Trump's Proposal for Gaza Provokes Global Debate
President Trump Suggests Moving Gaza's Palestinian Population
Aga Khan IV, Spiritual Leader and Philanthropist, Dies at 88
Erdogan and Syria's Sharaa Talk About Collaboration to Counter Kurdish Militants
Trump Suggests U.S. Control of Gaza Strip Amid Ongoing Conflict
Trump Resumes 'Maximum Pressure' Strategy to Limit Iran's Oil Exports.
Ex-British Soldier Sentenced for Espionage on Behalf of Iran and Fleeing from Prison
Gazans in Egypt Reject Displacement, Struggle with Return to War-Torn Home
Queen Rania Urges Protection of Children’s Rights at Vatican Summit
Hamas Officials Ready to Begin Negotiations for Phase Two of Gaza Truce
Trump Expresses Caution Over Gaza Ceasefire as Netanyahu Visits Washington
Oman to Host 18th Indian Ocean Conference on Maritime Security and Trade
Emir of Kuwait Meets BlackRock CEO for Talks on Investment Opportunities
Queen Rania of Jordan Calls for Global Action on Children’s Rights at Vatican Summit
Egyptian President El-Sisi Invited for White House Meeting Following Jordanian King’s Visit
Queen Rania Calls for Protection of Children’s Rights at Vatican Summit
Israeli Military Operations Continue on Lebanon Border Amid Ceasefire Tensions
Israeli Hostage's Release Highlights Uncertainty Over Family's Fate
Israeli Military Operations Escalate in Southern Lebanon Amid Hezbollah Tensions
Zayed Award for Human Fraternity Announces 2025 Honorees
Kuwait Anticipates a 12% Increase in Budget Deficit for the 2025-2026 Fiscal Year
×