The Rigorous Labor System and its Reformation: The Kafala System
By Mohamed Erekat / Arab America Contributing Writer
The development of the nations of the GCC (Gulf Cooperation Council) is truly magical. Looking at cities such as Dubai or Abu Dhabi in the United Arab Emirates, what had been a deserted wasteland just 30 years ago turned into a robust city attracting people from all over the world. We look at these countries in awe, at what they achieved, but unfortunately, the means to achieve it were not all great. One way in which these countries came to be how they are was through cheap, foreign labor. This came in the form of the Kafala System
What is the Kafala System?
The Kafala System, which translates to a ‘sponsorship system,’ is a legal contract regarding the relationship between a migrant worker and their employer. It is a system used to track migrant workers or expatriates who work primarily in the construction and domestic sectors. Essentially, this system requires unskilled workers in the GCC and neighboring countries such as Lebanon to have some sort of sponsor responsible for their legal status in the country.
Exploitation
While initially, the system may sound straightforward, it is extremely flawed. Due to the whole idea of a ‘sponsor’ dealing with your legal status, these employers usually have great power against their workers and can hold all their legal documents against their will. These migrant workers often end up mistreated and exploited due to the system’s flaws in which there is little to no government intervention.
Qatar
One country to have recently come under fire regarding migrant labor in Qatar. In 2022, Qatar will be hosting the FIFA World Cup, an international soccer tournament consisting of 32 nations. This requires the building of multibillion-dollar stadiums, and in terms of construction, Qatar relied on migrant laborers from countries such as Nepal and India. Upon arrival, workers had their passports, other legal documents, and wages seized by their sponsors, basically forcing them from leaving the country. In 2016 Amnesty International reported that over 5,000 construction workers had faced malpractice and that the number would be increasing rapidly. More recently, in 2020, problems emerged as wages were not being paid during the pandemic, leading to a hunger strike by migrant workers.
Kuwait:
Three years ago, the murder of a Filipina domestic worker by her employers sparked outrage and caused diplomatic issues between Kuwait and the Philippines. This was not an isolated event as domestic workers who are usually female face a lot of abuse and exploitation as they work within private homes where there are no labor regulations.
United Arab Emirates:
The UAE boasts one of the largest migrant-to-citizen ratios globally as migrant workers make up approximately 90% of the population. This is attributed to the Kafala system as these foreign workers help the UAE run and function and are even the reason for its rapid expansion. A large issue in the UAE is that those under the Kafala system, which is the majority of workers, are excluded from the UAE’s Labor Law. Therefore there is little to no protection for migrant workers, which enables their exploitation and suffering. Workers also face massive Extortionate recruitment fees in which workers must pay their sponsors a large sum of money in order to return to their country.
Bahrain:
Similar to the UAE, Bahrain boasts a huge population of migrant workers, of which 77% of the entire workforce is made up of them. Human Rights Watch found that authorities did not properly carry out worker protections in Bahrain, such as ensuring wages and protecting against passport confiscation.
Saudi Arabia:
Migrant workers in Saudi Arabia face the same issues as those in the other gulf nations. With a lack of government monitoring, sponsors would easily exploit their workers and as many of those workers are unaware of their own rights and fear losing their jobs, they remain silent and endure through the mistreatment. Saudi authorities have often been pushed into recognizing and acting on the migrant crisis but usually end up making small reforms that overall do not have any long-lasting effects.
Light at the end of the tunnel.
Despite the current migrant crisis, there is hope, and in the recent past, progress has been made in various Arab countries. In 2009, the UAE introduced a wage protection system to help fight the issue of unpaid wages. Furthermore, in 2015 the UAE announced labor reforms aimed at protecting foreign workers’ rights in the nation. New changes would allow foreign workers to terminate their contract and change their employer. Job offers must also contain a clause barring sponsors from withholding legal documents/papers. More recently in October of last year, Saudi Arabia announced plans to completely end the Kafala System. The Ministry of Human Resources and Social Development announced that they were “working on a number of initiatives to organize and develop the labor market.” Migrant workers no longer require permission from their sponsor to change jobs, to travel abroad or to leave the country permanently as before.
Although we see a terrible crisis in our world regarding the Kafala System, there is hope that can be seen as more and more countries jump on trying to end the exploitive and harmful system. A future without the system could be possible.