Gulf States talk about ‘abolishing the kafala’ – but migrant worker exploitation still persists
Migrant-Rights.org warns that kafala reforms make little difference to the lives of migrant workers, GFEMS launches its #VoicesRise campaign, and 50 For Freedom hits its forced labour protocol target.
Yesterday, Migrant-Rights.org hosted a webinar event to discuss the nuances of the kafala immigration regime used across the Gulf, and to explore recent immigration reforms. Often used as a catch-all term to describe the visa regime of the Gulf States, the kafala system is not consistent across the region, and the complex interplay of immigration control and labour market dynamics impacts migrant workers in different ways.
At its core, the kafala – or sponsorship – system gives employers almost total control over the employment and immigration status of migrant workers. Because work and residency visas are linked, and only sponsors can renew or terminate them, the system endows private citizens – rather than the state – with control over a worker’s legal status, creating a power imbalance that sponsors can exploit. Because of this legal dependency, workers have little protection under the host country’s labour laws and are vulnerable to exploitation. Migrants are placed at the mercy of their employers for basic freedoms and are unable to challenge them in the event of abuse. One of the examples raised during the webinar was that workers’ accommodation is usually tied to their employer as well – if they file a complaint against their employment, they will effectively become homeless.
While most countries have passed reforms in the name of ‘abolishing kafala’, disempowering practices remain in place. Although migrant workers in some countries now have the right to change jobs without their employer’s permission, in practice it is not easy to do so. Enforcement was one of the greatest challenges repeatedly highlighted in the conversation.
Speakers at the event, the group’s first independent webinar, also discussed the frequent pushback from private sector partners against any reforms. Employers in host countries favour the current legal frameworks that allow for cheap labour recruitment, as well as easy labour management with minimum interference from the government. Many perceive any extension of migrant worker rights as a restriction of their own rights.
Since 2007, Migrant-Rights.org has encouraged social action to change this exploitative situation by documenting migrant narratives, igniting local discussion, and promoting a change in attitudes and practices towards migrant workers. The speakers explained that there is much work left to do in creating awareness of the fact that Gulf Cooperation Council economies and citizens don’t actually benefit from kafala in the long term. And, through its Ensaniyat project, the group engages students with social justice issues affecting domestic workers; the three-month fellowship focuses on developing bilingual student-led social justice campaigns, and the change in attitudes and understanding among participants has been encouraging.
Speakers also said that, while international attention is critical for change, observers must be cautious with their praise. While the recent reforms are a step in the right direction, they mostly represent minimal changes to the old system and are often simply a renaming of old practices. It is not clear what reforms will look like in practice and, again, enforcement remains critical, and should include mechanisms to protect the rights, safety and welfare of workers.
Unfortunately, civil society activism across GCC states is limited and invites regular censure from governments. Human rights activism in particular is viewed through the lens of national security and accordingly falls under greater scrutiny.
You can watch a recording of the webinar and find many more resources and infographics here.
Here’s a round-up of other noteworthy news and initiatives:
Global Fund to End Modern Slavery (GFEMS) launched its #VoicesRise campaign yesterday. All this week, it will be sharing videos from partners across the world in answer to the following question: ‘What progress are we collectively making towards ending modern slavery and what can we do to continue building momentum?’ It invites everyone to participate and share their insights, either via video or with comments using #VoicesRise on Twitter or LinkedIn.
With the support of Porticus, Verité has conducted an assessment of labour risks for Filipino migrant workers involved in the fishing, seafaring, and domestic work sectors in Europe, including two emerging host countries: the Czech Republic and Poland. Findings from this research document the root causes of labour risk associated with the recruitment and hiring process and those that arise while being deployed in Europe.
The 50 for Freedom campaign last week hit its target, with Sudan becoming the 50th country to ratify the ILO Protocol on Forced Labour. The ratifications have met an initial target set by the campaign, which urges governments to take action on forced labour.
The Institute for Human Rights and Business (IHRB), International Organization for Migration (IOM), and International Labour Organization (ILO) are hosting the Global Forum for Responsible Recruitment Virtual Forum 2021 from 12-15 April. Register now to attend!
From 4-7 May, the Canadian Sexual Exploitation Summit: Disrupt Demand? brings together more than 50 expert speakers who will present the latest research, discuss innovative strategies, and offer training helpful to leaders from every sector.
Join us for another Aura Freedom International event at the 65th UN Commission on the Status of Women, which will take a powerful look at how gender-based violence, including human trafficking, is negatively impacting the world and the achievement of the UN Sustainable Development Goals. This year, CSW65 is virtual and all parallel events are open to everyone online. Registration is free.
The Norwegian Human Rights Fund is opening a specialized and limited call for concept notes for projects contributing to building resilience, adaptability and increased safety and security for human rights defenders and human rights movements. The call for concept notes will be open until the deadline of 18 April 2021.
One of our community members is looking for CSOs specialized in assisting VoTs with special needs. Please get in touch with us with any recommendations!
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