Migrant workers in Kuwait

Last updated

Migrant workers in Kuwait constitute a significant proportion of the population. [1]

Contents

Foreign nationals make up 60% of the population and 78% of the labor force in Kuwait. [2]

Kuwait's economy is highly dependent on foreign labor. To facilitate the recruitment of migrants, the country has signed memorandum of understanding and agreements with South and Southeast Asia, as well as some African countries, among others. The sponsorship system known as Kafala is almost the only way to recruit migrant workers. It is also used to strictly monitor migrant workers, who mainly work in the construction and domestic sectors. Access to justice remains difficult for migrants in Kuwait. The COVID-19 pandemic has further increased migrants' vulnerability to deportation, mistreatment, and health problems as the Kuwaiti economy has fallen into a deep recession due to the drop in oil prices. In 2020, government efforts to nationalize the labor force increased sharply, as did migrant repatriations. Another problem is statelessness. Kuwait has not signed the 1951 Refugee Convention and does not have an asylum system. [3]

Kafeel sponsorship system

Kuwait's foreign worker sponsorship system mandates that expatriates must be sponsored by a local employer to get a work permit. In August 2008, MP Abdullah Al-Roumi declared that he was going to draft a law to scrap Kuwait's "kafeel" foreign worker sponsorship system: "The government should be the only kafeel... We have scores of bachelors residing in Kuwait with an equal number of crimes. Many are caused due to the 'trading with humans' issue which taints the reputation of Kuwait." [4] [5] The government is currently planning to scrap the 'sponsorship system' in favor of a new system will be implemented to allow the expatriate workers to transfer their residence permits to the Ministry of Social Affairs and Labor. [6] Deputy Prime Minister, Minister of Interior Lt Gen Sheikh Khaled Al-Jarrah announced an increase in the minimum salary which is 500KD for foreign workers if they want to sponsor a member of their family. [7]

Minimum wage

In the parliamentary debates over the Kuwaiti minimum wage, MPs Askar Al-Enezi and Sadoon Al-Otaibi have dismissed past wage increases as “too small” and not enough to meet the steep hikes in consumer prices. On February 21, 2008, the parliament approved a 120 dinar ($440) monthly pay rise for nationals in the public and private sectors after inflation hit 7.3%, a 15-year high. It also decided to raise by 50 dinars ($183) the pay of foreigners employed by the government. In response, Al-Enezi said, “We reject this increase because it is well below expectations. We urge the government to review its decision." [8]

The first Gulf Arab country to set a minimum wage for domestic servants was Kuwait. The large number of domestic workers urged the rest Gulf Arab countries to follow the approach taken by Kuwait to tackle widespread abuses. More specifically Kuwait on 2016 regulated the working conditions through legislation and rights groups. They listed the minimum salary as 60 Kuwaiti dinars ($198) a month, set out measures to implement a milestone law passed by parliament requiring employers to pay overtime for every extra hour worked. It grants maids the right to a week off, 30 days of paid annual leave, 12 hours of work with rest, and a one-month service charge allowance annually at the end of the contract. [9]

Anti-trafficking reform

In September 2008, MP Saleh Al-Mulla demanded from Minister of Social Affairs and Labor Bader Al-Duwailah a list of companies involved in human trafficking. Mulla also asked about the measures taken against the violating companies and other steps that would be taken in the future to prevent such violations from taking place. [10]

In March 2013, Kuwait passed Law No. 91 of 2013 Combating Trafficking in Persons and Smuggling of Migrants that prohibits sex and labor trafficking and provides for penalties of up to 15 years in prison. [11] [12]

In 2016, Kuwait tried to fight trafficking in persons with the collaboration of UN Special Rapporteur on trafficking, Maria Grazia Giammarinaro who emphasized to further strengthen the assistance and support measures for domestic workers who are victims of trafficking and exploitation. [13]

Implementation of the jobs resettlement policy

Kuwait's foreign labor consists of 4.5 million residents, working in both blue collar and white collar jobs. Although the Kuwait government proposed in March 2018 the right to own property to expatriate workers, they faced problems in adapting to Kuwaiti society. Based on the decision of the Civil Service Commission No. 11 of 2017 by 2023 all foreign employees in the government would be replaced and all graduates under 30 years of age would not be recruited. The Kuwaiti government also claims that the proportion of Kuwaiti employees in banks will increase by 80% by the end of 2018. [14]

2018 was the first year of implementation of the jobs resettlement policy in which more than 3 thousand job contracts of foreigners in government agencies had been cancelled [15] and approximately 13,000 expatriates have been deported from Kuwaiti Interior Ministry with accusations of poor health conditions, labor law violations and criminal charges. [16]

Since the advent of Covid-19, oil prices have been plummeted, and local jobs have been erased, so in 2020 the Kuwaiti government was considering the possibility of deportation regardless of age and health problems, approximately 460.000 Indians and 260.000 Egyptians, the two largest communities of expatriates. [17] More than 5000 migrants from Bangladesh left Kuwait also during this period. [18] Another victim of the Kuwaiti government's deportation order was the Nepali migrants who faced hard times in the labor camps because of undernourishment and restriction of various social services. [19] [20]

Sri Lanka made an effort with its network of 67 missions, the help of the local community and religious organisations enabled the provision of food and medicine to its expatriates as well as facilitating their repatriation and the transfer of bank savings. [21]

On January 18, 2021, the Kuwait government allowed the entry of domestic workers from countries such as the Philippines, India, Sri Lanka and others, but there was no particular response especially from the Indian population as fewer and fewer were taking up such jobs. [22] The situation in Kuwait continues to this day with the police taking strict measures against the illegal stay of expatriates in the country. [23] Finally a major blow is the replacement of more than 38,000 expatriates working in the health sector as this industry is growing for Kuwait. [24]

Blacklist for those who mistreat foreign workers

On October 2, 2007, Waleed Al-Tabtabaie called for the interior ministry to draw up a blacklist of employers who mistreat their domestic helpers and urged stiff penalties for physical abuse. Al-Tabtabaie said that employers who abuse their maids "physically or morally" should be added to the blacklist and prevented from hiring new maids. Al-Tabtabie, a member of parliament's human rights panel, argued that the phenomenon of maid abuse "has lately increased to a disturbing level and a large number of abuses are committed annually, with most cases failing to reach the court." [25]

In September 2007, Kuwait opened a temporary shelter to house runaway maids until their disputes with employers are resolved. The Kuwaiti government plans to open two permanent centres for males and females to be housed separately. [25]

2018 Kuwait–Philippine diplomatic crisis

In February 2018, the body of Filipino migrant worker, 28-year-old Joanna Demafelis, was located, found in an apartment her employers, married couple Nader Essam Assaf and Mona Hassoun. There was evidence she'd been tortured before she was strangled to death and forensic evidence determined it was likely she'd died more than a year before her body was discovered. When news of her murder reached the media, Assaf, a Lebanese national, and Hassoun successfully fled Kuwait but were ultimately arrested in Syria. A little over a month after their arrests, Assaf confessed he'd murdered Demafelis and both he and his wife were sentenced to death by hanging. Though Kuwaiti authorities responded quickly in apprehending the people responsible for Demafelis' murder and sentenced the both of them to death, the incident ignited outrage in the Philippines and prompted President Rodrigo Duterte to ban Filipino citizens from working Kuwait, resulting in what would become known as the 2018 Kuwait–Philippine diplomatic crisis. [26] Because of this incident they were given to 10,000 Filipinos a free flight home from the Philippine government. [27] The Kuwait–Philippine diplomatic crisis has caused further problems of mistreatment of Filipino migrants as some of them tried to enter Kuwait through illegal routes. [28]

Home to more than 250,000 migrant workers from the Philippines, approximately 60% of whom work in domestic labor, and Kuwait is a top source of remittance for the Philippines. [29] Despite the commonness of Filipino nationals traveling to Kuwait to work, the conditions of migrant workers has been of concern for human rights organisations and the Filipino government for some time, with reports of Filipinos being enslaved, sexually abused, and murdered by their employers or residents in the Persian Gulf. [30] [31] [32] Not wanting to lose its Filipino workforce, the Kuwaiti government passed legislation in May 2018 requiring employers to allow Filipino migrant workers the right to possess their own passport, the right to a 12-hour work day with a one-hour break and one day off per week, an end-of-the-year bonus, and access to a working cell phone. [33] Following the meeting between the Director General of the Kuwait Public Authority for Manpower (PAM) and the Charge d'Affaires of the Philippines in November 2022, the future for Filipino migrants working in Kuwait looks bright as Kuwait is interested in recruiting more Filipinos who form a large part of the Kuwaiti workforce. [34]

See also

Related Research Articles

<span class="mw-page-title-main">Migrant worker</span> Person who migrates to pursue work

A migrant worker is a person who migrates within a home country or outside it to pursue work. Migrant workers usually do not have an intention to stay permanently in the country or region in which they work.

With respect to human trafficking, Saudi Arabia was designated, together with Italy, Japan, Turkey, United Arab Emirates, Uruguay, Germany, Greece, Croatia, Israel, Iceland, Norway, and Angola, as a Tier 2 country by the United States Department of State in its 2021 Trafficking in Persons Report required by the Victims of Trafficking and Violence Protection Act of 2000 on which this article was originally based. Tier 2 countries are "countries whose governments do not fully comply with the TVPA’s minimum standards, but are making significant efforts to bring themselves into compliance with those standards". The 2021 report shows some effort by the Kingdom to address the problems, but continues to classify the Kingdom as a Tier 2 country.

Filipinos in Kuwait are either migrants from or descendants of the Philippines living in Kuwait. As of 2020, there are roughly 241,000 of these Filipinos in Kuwait. Most people in the Filipino community are migrant workers, and approximately 60% of Filipinos in Kuwait are employed as domestic workers.

Jordan is a source, destination, and transit country for adults and children subjected to forced labor and, to a lesser extent, sex trafficking. Women from Southeast Asia and East Africa voluntarily migrate to Jordan for employment among the estimated 50,000 foreign domestic workers in the country; some domestic workers are subjected to forced labor. Many of these workers are unable to return to their home countries due to pending criminal charges against them or due to their inability to pay overstay penalties or plane fare home. Some migrant workers from Egypt—the largest source of foreign labor in Jordan—experience forced labor in the construction, service, and agricultural sectors. Syrians may face forced labor in the agricultural sector, while some refugee children are subjected to the worst forms of child labor. Men and women from throughout Asia migrate to work in factories in Jordan's garment industry where some workers experience forced labor. Jordan's sponsorship system places a significant amount of power in the hands of employers and recruitment agencies, preventing workers from switching employers or receiving adequate access to legal recourse in response to abuse. Some Sri Lankan women engaged in prostitution in the country may be trafficking victims.

Kuwait is a destination and transit country for men and women for forced labor and commercial sexual exploitation. Men and women migrate willingly from Bangladesh, India, Pakistan, Sri Lanka, Nepal, Indonesia, and the Philippines to work as domestic servants or low-skilled laborers. Upon arrival, however, some are subsequently subjected to conditions of forced labor, such as restrictions on movement, unlawful withholding of passports, non-payment of wages, threats, and physical or sexual abuse. In addition, some women are forced into commercial sexual exploitation; for example, some female domestic workers are forced into prostitution after running away from abusive employers or after being deceived with promises of jobs in different sectors. Kuwait is also a transit country for South and East Asian workers recruited by Kuwaiti labor recruitment agencies for low-skilled work in Iraq; some of these workers are deceived as to the true location and nature of this work, while others willingly transit to Iraq through Kuwait, but subsequently endure conditions of involuntary servitude in Iraq. Some Kuwaiti nationals reportedly travel to destinations including Morocco, Egypt, Afghanistan, Pakistan, India, and Bangladesh to engage in commercial sex acts.

Bahrain is a Source and destination country for men and women subjected to trafficking in persons, specifically forced labor and forced prostitution. Men and women from India, Pakistan, Nepal, Sri Lanka, Bangladesh, Indonesia, Thailand, the Philippines, Ethiopia, and Eritrea migrate voluntarily to Bahrain to work as domestic workers or as unskilled laborers in the construction and service industries. Some, however, face conditions of forced labor after arriving in Bahrain, through use of such practices as unlawful withholding of passports, restrictions on movement, contract substitution, non-payment of wages, threats, and physical or sexual abuse.

Qatar is a transit and destination country for men and women subjected to trafficking in persons, specifically forced labor and, to a much lesser extent, forced prostitution. Men and women from Nepal, India, Pakistan, Bangladesh, the Philippines, Indonesia, Vietnam, Sri Lanka, Ethiopia, Sudan, Thailand, Egypt, Syria, Jordan, and China voluntarily travel to Qatar as laborers and domestic servants, but some subsequently face conditions indicative of involuntary servitude. These conditions include threats of serious physical or financial harm; job switching; the withholding of pay; charging workers for benefits for which the employer is responsible; restrictions on freedom of movement, including the confiscation of passports and travel documents and the withholding of exit permits; arbitrary detention; threats of legal action and deportation; false charges; and physical, mental, and sexual abuse. In some cases, arriving migrant workers have found that the terms of employment in Qatar are wholly different from those they agreed to in their home countries. Individuals employed as domestic servants are particularly vulnerable to trafficking since they are not covered under the provisions of the labor law. A small number of foreign workers transit Qatar and are forced to work on farms in Saudi Arabia. Qatar is also a destination for women who migrate and become involved in prostitution, but the extent to which these women are subjected to forced prostitution is unknown. Children have been used in Qatar and other Gulf countries as camel jockies. Most children are trafficked from Africa and South Asia. This practice has ceased in most areas though. Workers have been forced to work in bad conditions; their salaries are sometimes withheld.

Malaysia is a destination and a source and transit country for women and children subjected to trafficking in persons, specifically conditions of forced prostitution and for men, women, and children who are in conditions of forced labour.

The Maldives is primarily a destination country for migrant workers from Bangladesh, and, to a lesser extent, India, some of whom are subjected to trafficking in persons, specifically forced labor. Some women are also subjected to forced prostitution. An unknown number of the 110,000 foreign workers currently working in the Maldives – primarily in the construction and service sectors – face fraudulent recruitment practices, confiscation of identity and travel documents, withholding or non-payment of wages, or debt bondage. Thirty thousand of these workers do not have legal status in the country, though both legal and illegal workers were vulnerable to conditions of forced labor. Diplomatic sources estimate that half of the 35,000 Bangladeshis in the Maldives went there illegally and that most of these workers are probably victims of trafficking. Migrant workers pay $1,000 to $4,000 in recruitment fees in order to migrate to the Maldives; such high recruitment costs increase workers’ vulnerability to forced labor, as concluded in a recent ILO report.

Nepalis in Kuwait consist mainly of migrants from Nepal to Kuwait, mostly migrant workers and domestic maids. A growing number of Nepalese workers are joining the hundreds of thousands of other South Asian expatriates in the oil-rich Gulf state as they are promised high monthly wages by recruiters in Nepal. More than 67,000 Nepalis working in Kuwait are domestic helpers and most of them are working as house maids.

<span class="mw-page-title-main">Kafala system</span> System used to monitor migrant laborers in Arab countries

The kafala system is a system used to monitor migrant laborers, working primarily in the construction and domestic sectors in Gulf Cooperation Council member states and a few neighboring countries, namely Qatar, Bahrain, Kuwait, Lebanon, Oman, Saudi Arabia and the United Arab Emirates.

Women migrant workers from developing countries engage in paid employment in countries where they are not citizens. While women have traditionally been considered companions to their husbands in the migratory process, most adult migrant women today are employed in their own right. In 2017, of the 168 million migrant workers, over 68 million were women. The increase in proportion of women migrant workers since the early twentieth century is often referred to as the "feminization of migration".

Migrant workers in the United Arab Emirates describe the foreign workers who have moved to the United Arab Emirates (UAE) for work. As a result of the proximity of the UAE to South Asia and a better economy and job opportunities, most of the migrant foreign workers are from India, Nepal, Sri Lanka, Bangladesh, and Pakistan.

<span class="mw-page-title-main">Migrant domestic workers in Lebanon</span>

Lebanon has a gone through many stages in its absorbing of migrant workers, both before and after the Lebanese Civil War. This development has led to multiple problems regarding integration in Lebanese society. The ambiguity of the Kafala system in Lebanon has resulted in migrant domestic workers facing many legal issues and violations to their basic human rights. The government has largely been inactive and ineffective in implementing laws to protect migrant domestic workers but has attempted to manage the situation but to little avail.

Migrant workers in the Gulf Cooperation Council region involves the prevalence of migrant workers in the Kingdom of Bahrain, the State of Kuwait, the Sultanate of Oman, the State of Qatar, the Kingdom of Saudi Arabia and the United Arab Emirates (UAE). Together, these six countries form the Gulf Cooperation Council (GCC), established in 1981. The GCC cooperates on issues related to economy and politics, and the subject of migrant workers constitutes a substantial part of the council's collaboration. All of the GCC countries are dependent on migrant labor to bolster and stimulate economic growth and development, as the GCC countries possess an abundance of capital while the domestic labor capacity is low. Although migrant workers in the Persian Gulf region amount to no more than 10% of all migrants worldwide, they constitute a significant part of the populations of their host countries.

<span class="mw-page-title-main">Kuwait–Philippines relations</span> Bilateral relations

Kuwait–Philippines relations refers to the bilateral ties of Kuwait and the Philippines.

In early 2018, Kuwait and the Philippines were embroiled in a diplomatic crisis over the situation of Filipino migrant workers in the gulf country.

Sondos Alqattan is a Kuwaiti beauty blogger and Internet celebrity who rose to international prominence after posting a video critical of a Kuwaiti government move to provide better protection and working conditions for migrant domestic workers.

<span class="mw-page-title-main">Slavery in Qatar</span>

For most of its history, Qatar practiced slavery until its abolition in 1952. Many members of the Afro-Arabian minority are descendants of the former slaves. Chattel slavery was succeeded by the Kafala system. The kafala system has been abolished in Qatar since December 2016.

The death of Jeanelyn Villavende, an Overseas Filipino Worker in Kuwait, was established to have occurred in late December 2019. Like the death of Joanna Demafelis in 2018, the incident caused a rift in Kuwait-Philippines relations.

References

  1. ↑ "Kuwait". Central Intelligence Agency. 19 July 2022. Retrieved 23 July 2022– via CIA.gov.
  2. ↑ Shah, Nasra M. (1986). "Foreign Workers in Kuwait: Implications for the Kuwaiti Labor Force". The International Migration Review. 20 (4): 815–832. doi:10.2307/2545738. ISSN   0197-9183. JSTOR   2545738. PMID   12268290.
  3. ↑ "Kuwait". Migrants & Refugees Section. Retrieved 2022-10-13.
  4. ↑ "» Kuwait Times Website". Archived from the original on 2011-09-27. Retrieved 2009-05-17.
  5. ↑ "Archived copy". Archived from the original on 2016-03-03. Retrieved 2009-03-16.{{cite web}}: CS1 maint: archived copy as title (link)
  6. ↑ "Arab Times -Leading English Daily in Kuwait". Arabtimesonline.com. Retrieved 23 July 2022.
  7. ↑ "'Minimum salary of KD 500 set to sponsor wife and children visa'". Arabtimesonline.com. 2019-08-24. Retrieved 2019-08-26.
  8. ↑ "Arab News". Arab News. Retrieved 23 July 2022.
  9. ↑ "Kuwait sets minimum wage for domestic workers". www.aljazeera.com. Retrieved 2023-02-03.
  10. ↑ "» Kuwait Times Website". Archived from the original on 2011-08-21. Retrieved 2009-03-16.
  11. ↑ "Kuwait - Law No. 91 of 2013 Combating Trafficking in Persons and Smuggling of Migrants". Ilo.org. Retrieved 23 July 2022.
  12. ↑ Ramsey, Wanda. "Kuwait". State.gov. Retrieved 23 July 2022.
  13. ↑ "UN expert urges Kuwait to redouble efforts to stop trafficking, exploiting domestic workers | UN News". news.un.org. 2016-09-14. Retrieved 2023-02-09.
  14. ↑ "Kuwait's Foreign Labor Quandary". The Cairo Review of Global Affairs. 2018-04-13. Retrieved 2023-02-22.
  15. ↑ "Kuwait 3,000 expatriates' contracts cancelled". Middle East Monitor. 2018-08-27. Retrieved 2023-02-22.
  16. ↑ "Kuwait deports 13,000 expats in nine months". Middle East Monitor. 2018-09-27. Retrieved 2023-02-22.
  17. ↑ "Kuwait's new expat bill could force thousands out – DW – 07/22/2020". dw.com. Retrieved 2023-03-08.
  18. ↑ "Thousands of Bangladeshi workers could leave Kuwait next week". Arab News. 2020-05-06. Retrieved 2023-03-08.
  19. ↑ Tiwari, Anuj. "Stranded in Kuwait, undocumented Nepali migrant workers await repatriation". My Republica. Retrieved 2023-03-08.
  20. ↑ Republica. "Kuwait ready to send illegal Nepali workers back home free of cost and by its own civil airlines". My Republica. Retrieved 2023-03-08.
  21. ↑ "Sri Lanka engages with Kuwait to secure an extension of amnesty deadline". www.adaderana.lk. Retrieved 2023-03-19.
  22. ↑ "Kuwait resumes recruiting migrant workers from Sri Lanka". Daily News. Retrieved 2023-03-19.
  23. ↑ "Kuwait cracks down on illegal residents". gulfnews.com. Retrieved 2023-03-19.
  24. ↑ "Kuwait: Over 38,000 expats in government health jobs". gulfnews.com. Retrieved 2023-03-19.
  25. 1 2 "AFP: Kuwait MP demands blacklist of maid abusers". Archived from the original on 2012-10-01. Retrieved 2009-05-17.
  26. ↑ "How a maid found dead in a freezer set off a diplomatic clash between the Philippines and Kuwait". Washington Post. Retrieved 2018-08-08.
  27. ↑ Jorgio, Joshua Berlinger, Jinky (2018-02-13). "Killing prompts return of Philippines workers from Kuwait". CNN. Retrieved 2023-03-23.{{cite web}}: CS1 maint: multiple names: authors list (link)
  28. ↑ "Kuwait/Philippines: Protect Filipino Migrant Workers". Human Rights Watch. 2018-02-21. Retrieved 2023-03-23.
  29. ↑ Heydarian, Richard. "What The Philippine Economy Stands To Gain From Its Kuwait Fallout". Forbes. Retrieved 2018-08-08.
  30. ↑ "Filipino maid 'kidnapped' by two men in Kuwait". Asiatimes.com. Retrieved 2018-08-08.
  31. ↑ "Nine years without her salary - Maid narrates her ordeal". Kuwait Times . 2017-02-16. Retrieved 2018-08-08.
  32. ↑ "Arrests made in Kuwait murder of Filipina maid". ArabianBusiness.com. Retrieved 2018-08-08.
  33. ↑ "Kuwait, Philippines sign deal to regulate domestic labour". The National. Retrieved 2018-08-08.
  34. ↑ "Kuwait seeks to recruit more Filipino workers". gulfnews.com. Retrieved 2023-03-23.

Kuwait needs more Indian workers can apply. Gurukuwait

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.