The Reform of the Kafala System.
A perspective of Romanian migrants in GCC countries
Keywords:
GCC countries, kafala, labourers’ rights, sponsorship system, Romanian migrantsAbstract
The sponsorship system (kafala) is characteristic of the Gulf Cooperation Council (GCC) countries and of a few other Arab nations with regard to migration. In light of intense criticism from the human rights defenders, the reform of kafala has been on the agenda of governments across the region. The most recent studies provide evidence of incipient steps on the path of reform, doubting, however, the depth of the implemented measures. This paper will provide a comparative analysis regarding the system across the GCC nations and the different types of reform that have been attempted in order to enhance the compliance of migrant workers’ rights. It will also describe the impact of the system on Romanian migrants and their perception of the improvements generated by the reforms. The research is based on data provided by the authorities of the six GCC countries and data emerging from the international organizations’ reports. I have also conducted a poll among Romanian migrants in the region, to develop a better understanding of the consequences, costs and effects inflicted by system upon their daily lives. The conclusions address the stages of reform in the analyzed countries, underlying the lack of structural reform where the case, future reform opportunities and the perception upon the system of the Romanian migrants in the region.
References
***Human Rights Watch (2006). World Report 2006: Events of 2005 in the UAE. https://www.hrw.org/world-report/2006/country-chapters/united-arab-emirates
***Human Rights Watch (2008). As if I am not human: Abuses against Asian Domestic Workers in Saudi. https://www.hrw.org/report/2008/07/07/if-i-am-not-human/abuses-against-asian-domestic-workers-saudi-arabia
***Human Rights Watch (2012). Building a Better World Cup: Protecting Migrant Workers in Qatar Ahead of FIFA 2022. https://www.hrw.org/report/2012/06/12/building-better-world-cup/protecting-migrant-workers-qatar-ahead-fifa-2022
***International Labour Organization (2017). Employer-Migrant Worker Relationships in the Middle East: Exploring scope for internal labour market mobility and fair migration. https://www.ilo.org/beirut/publications/WCMS_552697/lang--en/index.htm
***International Labour Organization (2021). Kuwait: Regulatory framework governing migrant workers. https://www.ilo.org/beirut/projects/fairway/WCMS_776524/lang--en/index.htm
Diop, A.; Johnston T. & Trung Le, K. (2015). Reform of the Kafala System: A Survey Experiment from Qatar. Journal of Arabian Studies, 5(2). https://doi.org/10.1080/21534764.2015.1113681
Diop, A.; Johnston, T. & Trung Le., K. (2018). Migration Policies across the GCC: Challenges in Reforming the Kafala. Gulf Research Center
Hvidt, M. (2019). Exploring the Nexus between Highly-Skilled Migrants, the Kafala System, and Development in the UAE. Journal of Arabian Studies, 9(1). https://doi.org/10.1080/21534764.2019.1649827
Jureidini, R. (2010). Trafficking and Contract Migrant Workers in the Middle East. International Migration, 48(4). https://doi.org/10.1111/j.1468-2435.2010.00614.x
Khan, A. & Harroff-Tavel, H. (2011). Reforming the Kafala: Challenges and Opportunities in Moving Forward. Asian and Pacific Migration Journal, 20. https://doi.org/10.1177/011719681102000303
Longva, A. N. (1997). Walls Built on Sand: Migration, Exclusion and Society in Kuwait. Boulder, CO:Westview Press
Motaparthy, P. (2015). Understanding Kafala: An Archaic Law at Cross Purposes with Modern Development. Migrant Rights. https://www.migrant-rights.org/2015/03/understanding-kafala-an-archaic-law-at-cross-purposes-with-modern-development/
Murray, H. E. (2012). Hope for Reform Springs Eternal: How the Sponsorship System, Domestic Laws and Traditional Customs Fail to Protect Migrant Domestic Workers in GCC Countries. Cornell International Law Journal, 2(45)
Pessoa, S.; Harkness L. & Gardner, A. (2014). Ethiopian Labor Migrants and the Free Visa System in Qatar. Society for Applied Anthropology, 73. https://doi.org/10.17730/humo.73.3.l1r140q0l35051t3
Soto, R. & Alvarez, V. (2011). Dubai: Labor Markets in Transition. Dubai Economic Council. Mimeographed. https://doi.org/10.1093/acprof:oso/9780198758389.003.001
Downloads
Published
Issue
Section
License
Copyright (c) 2024 EIRP Proceedings
This work is licensed under a Creative Commons Attribution 4.0 International License.
You are free to:
- Share — copy and redistribute the material in any medium or format
- Adapt — remix, transform, and build upon the material
- for any purpose, even commercially.
- The licensor cannot revoke these freedoms as long as you follow the license terms.
Under the following terms:
-
Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
- No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.