The kafala, or sponsorship, system defines the relationship between foreign workers and their local sponsor, or Kafeel who is usually their employer. In many West Asian nations, the Kafala (Sponsorship) System was created in the 1950s to control the interaction between employers and migrant workers. It has been used in Jordan, Lebanon and in the Gulf Cooperation Council (GCC) nations of Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates. Both Bahrain and Qatar claim to have abolished the system, although opponents contend that only weak employees who engage have achieved this.
The Kafala system is becoming controversial, and exploitation is becoming widely acknowledged. Low salaries, unpleasant working conditions, and employee mistreatment are frequently the results of a lack of rules and protections for migrant workers' rights. Violence against women and racial minorities is endemic. The inadequacies in the kafala system were made public by international anti-racism demonstrations, the COVID-19 pandemic, and the Qatar 2022 FIFA World Cup planning, but the prospects for reform remain unresolved.
Workers who migrate to GCC nations have the chance to make a living and give their families an essential source of income. However, it emphasizes the rights of employers, and the Kafala (Sponsorship) system falls short of protecting the welfare and rights of migrant workers.
Due to the restrictive nature of the Kafala system, there are significant negative effects on the migrant workers.
The Kafala system promotes conditions that allow migrant laborers to be exploited and mistreated at work.
The Kafala system frequently denies migrant workers their right to justice when their rights have been violated.
Migrant workers are denied their fundamental human right to freedom of movement under the Kafala regime.
For migrant laborers, the Kafala system frequently results in irregular employment and immigration circumstances.
The development of the GCC nations is significantly aided by migrant labour. The acknowledgment and recognition of this contribution should boost the encouragement for reform. It is frequently overlooked by the attention paid to
1. Debates on the labour market regarding future labour demand and which sending countries will supply the workers.
2. Immigrant workers who are in an irregular status.
The Kafala system should be abolished, and a replacement policy should be put in place, or if it is to be kept, it should be modified to reflect a rights-based approach to labour migration.
References
Conn, D. (n.d.). Qatar to abolish ‘kafala’ labour next January before 2022 World Cup. Business & Human Rights Resource Centre. Retrieved March 27, 2023, from https://www.business-humanrights.org/en/latest-news/qatar-to-abolish-kafala-labour-next-january-before-2022-world-cup/
Howard, C., Pathak, A., Robinson, K., Roy, D., & Cholewinski, R. (2022, November 18). What Is the Kafala System? Council on Foreign Relations. Retrieved March 27, 2023, from https://www.cfr.org/backgrounder/what-kafala-system#chapter-title-0-8
Reforming the Kafala System_july 3.indd. (n.d.). ILO. Retrieved March 27, 2023, from https://www.ilo.org/dyn/migpractice/docs/132/PB2.pdf