Failed reforms mean Kenyan domestic workers in Lebanon face ongoing risk of abuse
Lack of enforcement is impeding efforts to address labour exploitation in Lebanon, researchers find forced labour conditions at factories in Mauritius, and private auditors are failing to detect child labour in the United States.
Attempts to reform the kafala system in Lebanon have been ineffective and its ongoing use has led to worsening levels of abuse for Kenyan migrant domestic workers, according to a new report from Migrant Workers’ Action (MWA), supported by Counter Human Trafficking Trust – East Africa (CHTEA). Despite the adoption of legislative measures in both Kenya and Lebanon to protect workers from exploitation, lack of enforcement and an absence of complaint mechanisms mean that, in practice, almost nothing has changed.
Although often perceived or presented as a legitimate labour migration pathway, the kafala system places the power of entry, exit, change of job, and other rights in the hands of employers, leaving migrant workers highly vulnerable to exploitation and conditions amounting to forced labour, the report states. Since the start of the Lebanese economic crisis and COVID-19 pandemic, this problematic dynamic has become more conspicuous, with many employers withholding wages from migrant domestic workers in their households. In recent years, MWA and other organizations have also noted a significant increase in cases of abuse, including subpar working conditions and verbal, physical, and sexual abuse. As a result of these circumstances, many domestic workers end up in situations of destitution and homelessness, or resorting to harmful ways of surviving.
Efforts by both the Lebanese and Kenyan Governments to bring about reform have had little effect, the report states. The Lebanese Government’s Standard Unified Contract, which entered into force in 2009, recognizes the rights of workers while obliging employers to take responsibility for any contract breaches; however, despite being hailed as a step in the right direction, these provisions are rarely respected and there are little to no legal resources for migrant workers to turn to. Furthermore, the Lebanese authorities have failed to regulate the conduct of employers or recruitment agencies, allowing a culture of impunity to prevail.
The Kenyan Government has also instituted various measures to increase the protection of its workers abroad, including the regulation of employment agencies and a requirement that they safeguard workers, provide pre-departure training, and give financial assistance in the event of employer default. In 2022, the Government created a State Department for Diaspora Affairs to investigate issues of Kenyans abroad and, in 2023, a proposal for the Kenyan Migrant Worker Welfare Fund was circulated with the aim of providing assistance and support to migrant workers facing difficulties abroad. However, based on interviews carried out by MWA, the majority of measures, including pre-departure trainings, certification of contracts, and the repatriation of Kenyan workers in situations of distress, have yet to be implemented.
Migrant domestic workers under the kafala system are excluded from Lebanese labour laws, and there is no adequate grievance system, government oversight, or legal protection for workers. They are denied freedom of association and many face restrictions on their freedom of movement. In addition, workers who escape abusive households usually do not have their identity papers and find themselves classified as irregular migrants subject to arrest, detention, and deportation, because the kafala system forbids them to leave their employer without permission. This results in many workers being treated as criminals rather than victims, with no access to support.
The report’s authors urge the Kenyan government to move beyond intention and towards genuine action to protect the rights and lives of migrant workers in Lebanon and other countries which use the kafala system. It must develop stronger enforcement mechanisms to ensure the protection of Kenyan citizens abroad and do more to monitor and regulate the actions of recruitment agencies and brokers, they say. Kenyan civil society organizations recommend that labour officials should follow up on complaints of abuse from Kenyan citizens abroad, and improve safe migration education to tackle the widespread lack of awareness in the country.
In Lebanon, the kafala system should be abolished, says the report, and migrant domestic workers should be included under the labour laws of the country with rights to a fair wage, overtime pay, and rest days. They must also have the right to change employment, keep their passport, and have access to the legal protections that are enshrined in existing domestic criminal laws.
Here’s a round-up of other noteworthy news and initiatives:
New research published by Transparentem has found the labour exploitation of migrant workers at four apparel manufacturers in Mauritius which supply western brands. The investigation found evidence of abusive working conditions, intimidation and threats, abuse of vulnerability, and inadequate response to grievances, among other violations. While some buyers have committed to repay workers at one investigated factory, several did not participate in remediation efforts at all.
European Parliament and Council negotiators have provisionally agreed on new rules obliging firms to integrate their human rights and environmental impact into management systems. This latest step for the EU Corporate Sustainability Due Diligence Directive sets obligations for companies in respect of adverse impacts including child labour, modern slavery, and labour exploitation.
And the Council of Europe and the European Union Agency for Fundamental Rights (FRA) has issued new guidance for border officials and other authorities, outlining human rights standards and the main safeguards of European law as they apply to migrant children at external EU borders.
Private auditors are failing to detect migrant children working for U.S. suppliers of well known household brands, according to a new investigation which found that children were overlooked by auditors who were moving quickly, leaving early, or not sent to the part of the supply chain where minors were working.
Post-Brexit restrictions on the free movement of workers from the EU have contributed to modern slavery becoming “a feature” of the care sector in England, the UK’s Care Quality Commission has told MPs. Cases of modern slavery have increased tenfold in the past three years because workers are now dependent on their employment visas, the chief inspector of adult social care has said.
Hundreds of vulnerable women and children are being trafficked into the UK to shoplift for Eastern European crime groups. Non-profit organization Retailers Against Crime said it was tracking 56 shoplifting groups around the country, mostly comprising young women and girls who are forced to live in unacceptable conditions and are “carrying all the risk and seeing none of the reward”.
An open dialogue event hosted by ASEAN-ACT last month explored the ways in which the political economies of countries in Southeast Asia make migrants vulnerable to human trafficking. Four new studies were released and discussed, on topics including trafficking for forced criminality, and the debt, exploitation and trafficking of labour migrants.
Justice and Care’s latest report, Anti-trafficking in Humanitarian Settings: Gaps and Priorities for a more Systematic Response, provides new primary data detailing the current picture of vulnerability, progress made in recent years, promising practices, and challenges that persist. You are invited to a launch webinar on 16 January, 10-11am (GMT), to hear key findings and expert insights.
Registration is now open for the Freedom Business Forum, 5-9 May in Pattaya, Thailand. The event represents an opportunity to connect with other FBA Members, leaders and practitioners from across the anti-trafficking space, and talks will include Responding to Trauma in the Workplace, Ethical Storytelling, and Trauma-Informed Organizational Structures and Policies.
Share your news
Post your experiences from the field and initiatives to feature