Answer:

Introduction:

In recent years, the Kafala system has faced intense scrutiny, particularly during events like the FIFA World Cup 2022 in Qatar. Reports from organisations such as Amnesty International highlighted widespread abuse and exploitation of migrant workers, many of whom faced poor working conditions and legal vulnerabilities.

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Key Features of the Kafala System:

• Sponsorship Requirement: Workers need a local sponsor (kafeel) for their visa and legal status.
  For example: In Qatar, until recent reforms, workers required an exit permit from their employer to leave the country, which could be withheld arbitrarily.
• Restricted Movement: Employers often confiscate workers’ passports, preventing them from leaving their jobs or the country without permission.
  For example: Many domestic workers in Saudi Arabia have reported their passports being held by employers, leaving them trapped in abusive households.
• Control over residency: Sponsors control the worker’s residency status and can end it if the employment relationship ends.
• Legal and Financial Responsibilities: Sponsors are responsible for workers’ visa fees, medical insurance, and sometimes accommodation.
• Legal Vulnerability: Leaving the workplace without permission can result in the termination of legal status, imprisonment, or deportation. Workers have limited legal recourse against exploitation or abuse.
  For example: In Kuwait, workers fleeing abusive employers are often detained or deported, despite the abuse they suffered.
• Debt Bondage: Workers often pay high recruitment fees, leading to debt bondage. These fees are usually paid upfront by the workers, making them financially dependent on their employers.
  For example: Many Nepalese workers in the UAE take out large loans to pay recruitment agents, only to find their earnings insufficient to cover the debt and their living expenses.
• Exclusion from Labor Laws: Many domestic workers are excluded from labour protections, leaving them vulnerable to exploitation and abuse. C      For example: Domestic workers in Lebanon often face severe working conditions without legal recourse, as they are not covered by the country’s labour laws.

Criticism of Kafala System:

• Exploitation and Abuse: It creates a power imbalance that facilitates exploitation, with employers often confiscating workers’ passports, restricting their movement, and subjecting them to harsh working conditions.
• Lack of Legal Recourse: Migrant workers have limited legal protections and recourse, making it difficult to escape abusive situations or seek justice.
• Debt Bondage: Many workers incur large debts to pay recruitment fees, which they struggle to repay due to low wages and exploitative practices.

Reforms Needed to Protect Migrant Workers’ Rights:

• Abolish the Sponsorship Requirement: Migrant workers should be allowed to change jobs and leave the country without their employer’s consent. Effective reforms must fully dismantle the sponsorship requirement.
  For example: Qatar’s 2020 labour reforms, which allow workers to change jobs without employer consent, need broader enforcement and extension to all worker categories.
• Strengthen Legal Protections: Comprehensive labour laws should be enacted to protect all workers, including domestic workers, with strict enforcement mechanisms.
  For example: Saudi Arabia’s Labor Reform Initiative (2020) allows certain workers to change jobs without employer consent after one year, but domestic workers remain excluded and need similar protections.
• Enforce Anti-Confiscation Laws: Governments should impose strict penalties on employers who confiscate workers’ passports and visas, ensuring workers always have access to their documents.                                                      For example: Legal provisions in Bahrain penalise employers for withholding workers’ passports, but enforcement is inconsistent and needs strengthening.
• Eliminate Recruitment Fees: Employers should bear the cost of recruitment fees, and effective monitoring should ensure compliance, preventing workers from incurring debt.
  For example: The Qatar government has introduced measures to reimburse workers for recruitment fees, but many workers still report being charged illegally.
• Enhance Access to Justice: Establish independent labour courts and ensure they have the capacity to handle cases promptly and fairly.
  For example: Qatar’s labour dispute committees have improved access to justice, but delays and enforcement issues persist, requiring further reform.
• Promote Worker Representation: Allow migrant workers to form and join trade unions to collectively bargain for better wages and working conditions.
  For example: Despite legal reforms, most GCC countries still do not allow migrant workers to form unions, limiting their ability to advocate for their rights.
• Increase Transparency and Monitoring: Regular inspections and audits by independent bodies are necessary to ensure compliance with labour laws.
  For example: The Supreme Committee for Delivery and Legacy in Qatar has implemented worker welfare standards for World Cup projects, but broader application and stricter monitoring are needed.

Conclusion:

The Kafala system’s inherent power imbalance fosters exploitation and abuse of migrant workers in the Middle East. Comprehensive reforms are needed to dismantle this system and establish robust protections for migrant workers’ rights. These measures include abolishing the sponsorship requirement, enforcing legal protections, eliminating recruitment fees, enhancing access to justice, promoting worker representation, and increasing transparency and monitoring. Achieving these reforms is essential for ensuring the dignity, safety, and well-being of millions of migrant workers in the region.

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