Kafala System: The Kafala system has been central to the labor structure in many Middle Eastern countries for many decades. It has also been criticized globally for promoting exploitation and limiting the freedom of migrant workers. After almost 50 years, Saudi Arabia has officially abolished it, but despite this, traces of this system are still present in many Gulf regions. Today we will know what Kafala system is and also in which countries this system is still applicable.
What is Kafala system?
The Kafala system, which means sponsorship in Arabic, is a system that links the legal status of a foreign worker directly to his employer or Kafeel. This system was brought into existence in the 1950s when Gulf economies became increasingly dependent on migrant workers. This system not only simplified administration for the governments but also gave a lot of powers to the employers. In this, the movement of workers, employment and even their right to leave the country was also controlled. Workers were often unable to change jobs or return home without their employer’s permission. This was the reason why workers there were abused and exploited.
why was it implemented
The objective behind implementing this was to skill the recruitment process of foreign workers and also to shift the bureaucratic responsibilities from the governments to the employers. Kafeel was expected to handle everything from visa to voice. Kafeel effectively played the role of both protector and controller. But with time it turned into a system that promoted exploitation. This placed restrictions on labor rights and forced workers into working conditions that are now compared to modern slavery.
In which countries this system is still operational
Despite mild reforms, the Kafala system still exists in Qatar. Earlier, workers needed a no objection certificate to change jobs and an exit permit to leave the country. Although many of these restrictions have now been relaxed, steps are being taken slowly towards complete reform. Minimum wage laws and better job mobility have been implemented but implementation is still inconsistent.
Along with this, the residence of a worker in UAE depends on his employer. However, there are gradual changes in labor laws here too, especially in the private sector. Now it is possible to change employer here under certain conditions. Similarly, this system was partially reformed in Bahrain in 2009. In which the purpose was transferred from individual companies to the Labor Market Regulatory Authority. But despite this step, this system did not end completely and many employers still have a lot of power over workers’ job changes and place of residence.
Even in Kuwait, employers still have complete control over workers changing jobs and leaving the country. Leaving the job without notice may result in arrest or departure. Although a domestic workers law was passed in 2015, its enforcement remained limited. Same is the situation with Oman also. Although Oman claims to have officially abolished this practice, in practice many employers continue to enforce the same restrictions.
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