We may have successfully abolished slavery, the type where men and women are bound hand
to hand with chains. But slavery has somehow managed to find its way back into our society.
It has a new face now, new features, and a different name referred to as modern-day slavery.
The kafala system (also spelled kefala system, meaning sponsorship system) is used to
oversee migrant workers, working mainly in the construction and domestic sectors in member
states of the Gulf Cooperation Council (GCC) and a few neighboring countries. According to
Wikipedia, the Cooperation Council for the Arab States of the Gulf, also known as the Gulf
Cooperation Council (GCC), is a regional, intergovernmental, political, and economic union
that consists of 6 states – Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab
Emirates.
These states are the Arab states of the Persian Gulf that belong to the group of Arab states
which border the Persian Gulf.
The essence of the system was initially to provide numerous inexpensive jobs amid a thriving
economy. Those in defense of the system debate that it profits home-based businesses and
improves the economic state.
With increasing recognition of the system, it is evident that the system favors the sponsors at
the expense of the migrant workers. Lack of laws and security sometimes results in low
wages, extreme worming conditions, and abuse.
There are common causes of racial discrimination and gender-based violence.
How the Kafala system works
As a requirement to get jobs, migrant workers are mandated to get a national sponsor known
as a Kafeel and are only permitted employment with the visa-sponsoring firm.
It is required of local citizens or businesses to ensure the authenticity of the work permits and
residency. Hence, the rights of the worker are dependent on their sponsor.
The sponsor or Kafeel is responsible for the travel expenses and provision of accommodation
of the worker. It might be a hostel-like housing or the employer’s residence in cases of
domestic workers.
Some employers reach out to private recruitment agencies in the countries of origin, usually
middle eastern countries or northeastern Asian countries, to hunt for workers and work out
their entry to the host country. Because of the jurisdiction, the host country government in
which the system falls does not offer protection under the labor rights of the host country.
And this exposes them to exploitation and abuse of their rights.
The workers cannot change their employers or switch industries for the time of the contract.
They need to obtain a document from their sponsors before they can quit a job.
They must leave the country upon withdrawal or termination of the contract before entering a
new contract with a different sponsor.
Like Indentured Servitude, the kafala system attaches the migrant workers to their employers,
and they lord over the workers. As a result, the workers experience all types of abuse. It can
range from physical abuse to seizing passports and other valuable personal documents,
terrible working and living conditions, cruel treatment, and withholding salaries. There have
been cases of death after physical abuse.
Reforms to the kafala system
There is glaring evidence that slavery still exists; it only took on a new form. These migrant
workers are people just trying to gain a means to provide better conditions for their families
back home. They face unimaginable circumstances and can not even return to their homes.
Some organizations have arisen to fight against this cruel act- Amnesty international and
Transient Workers Too. They are fighting for equal rights and better conditions for migrant
workers.
Some origin countries and host countries like Qatar have set laws that offer better conditions
for migrant laborers. With Qatar hosting the FIFA World cup this year, it has gained more
international attention; they have made some changes to its system in 2020. It discarded
requirements for employers to approve job changes, initiated a minimum wage in 2021, and
raised penalties for employers guilty of refusing salaries. It also created an online platform
where notices for job-switch can be submitted job-change and pushed an awareness campaign
to enlighten workers and employers about the reforms.
Bahrain has permitted workers to swap sponsors and banned passport confiscation. But, this
law does not protect domestic workers. Domestic workers make up a significant fraction of
the migrant workers. Bahrain law also prohibits jobs with professional degrees. In March
2021, Saudi Arabia started permitting migrant workers to leave the country without
permission from their sponsor, though governmental approval is needed.
Some countries have taken commendable steps to alleviate the problems of the kafala system.
Migrant workers, just like other laborers in the workforce, deserve to be able to return to their
country of origin, have good living conditions, and work in a safe place without fear of being
abused.
Non-governmental organizations like Amnesty International, Human Rights Watch, and other
similar rights groups are driving the implementation of policies against the unfair and cruel
treatment of migrant laborers.