Syllabus
GS Paper 2 – Effect of Policies & Politics of Developed and Developing countries on India (India’s interests, diaspora)
Context
The Kafala system, which ties workers’ visas to their employers, perpetuates a cycle of dependency and vulnerability.
Source
The Hindu| Editorial dated 17th June 2024
Under Kafala, workers are dispensable
The recent tragic fire in Kuwait’s Mangaf area, which claimed the lives of 49 migrant workers, has highlighted the precarious conditions faced by migrant labourers in the Gulf Cooperation Council (GCC) states. Predominantly Indians, the victims were subject to unsafe living conditions exacerbated by systemic issues such as the Kafala system.
Kafala System
The Kafala System, originating in the 1950s, regulates the relationship between employers and migrant workers primarily in Gulf countries, Jordan, and Lebanon.
- Implementation Regions:
- Gulf Countries: Predominantly used across Gulf Cooperation Council (GCC) nations like Saudi Arabia, UAE, Qatar, etc.
- Jordan and Lebanon: Also adopted in these Arab states to manage migrant labour.
- Reason for Introduction:
- Facilitate the rapid influx and expulsion of migrant labour based on economic needs.
- Support large-scale construction projects during economic booms.
- Features:
- Employer Sponsorship: Migrant workers’ legal status ties them to an individual employer (kafeel) for their contract duration.
- Restrictions on Mobility: Workers cannot enter the country, change employers, or leave without explicit written permission from their sponsor.
- Passport Confiscation: Despite legal prohibitions in some countries, sponsors often confiscate passports and travel documents of migrant workers.
Criticism of Kafala
- Control and Exploitation: The Kafala System grants excessive power to sponsors, resembling a form of modern slavery.
- Human Rights Concerns: Workers’ rights are severely restricted, leading to exploitation, abuse, and lack of legal recourse.
- Dependency and Vulnerability: Migrant workers become dependent on sponsors for their legal status, leaving them vulnerable to exploitation and mistreatment.
Other issues faced by migrant labourers
- Unionization Restrictions
- GCC states, including Kuwait, restrict labour unions and worker organizing, preventing collective bargaining.
- Suppression of Dissent:
- Any form of protest or demand for rights is often met with deportation or other punitive measures.
- Low Wages:
- Low wages keep workers in a state of financial insecurity, making it difficult for them to mobilize or protest.
- Marginalized Domestic Workers:
- Lack of Protection: Domestic workers, who constitute a significant portion of the workforce, are excluded from labour laws and protections.
- High Vulnerability: They face aggravated vulnerabilities due to their isolated working conditions and lack of legal recourse.
Way Forward
- Reforming the Kafala System:
- Decoupling Visas from Employers: Implement policies that allow workers to change jobs without losing their legal status.
- Permanent Residency Pathways: Create pathways for long-term migrant workers to obtain permanent residency and citizenship rights.
- Decoupling Visas from Employers: Implement policies that allow workers to change jobs without losing their legal status.
- Improving Labour Conditions:
- Enforcing Housing Standards: Ensure strict enforcement of housing standards and regular inspections to improve living conditions.
- Fair Wages and Benefits: Increase the minimum wage to align with the cost of living and provide comprehensive benefits, including health insurance and family allowances.
- Enforcing Housing Standards: Ensure strict enforcement of housing standards and regular inspections to improve living conditions.
- Empowering Workers:
- Allowing Unionization: Legalize and support the formation of labour unions to enable collective bargaining and worker advocacy.
- Protecting Whistleblowers: Establish protections for workers who report abuses and violations, ensuring they are not retaliated against.
- Allowing Unionization: Legalize and support the formation of labour unions to enable collective bargaining and worker advocacy.
- Addressing Systemic Issues:
- Regular Safety Inspections: Mandate regular safety checks and stringent enforcement of safety regulations to prevent tragedies.
- Public Accountability: Hold employers and officials accountable for violations through transparent investigations and penalties.
- Regular Safety Inspections: Mandate regular safety checks and stringent enforcement of safety regulations to prevent tragedies.
- Focusing on Domestic Workers:
- Inclusive Labour Laws: Extend labour protections to domestic workers, ensuring they have the same rights and benefits as other workers.
- Support Services: Provide support services, including legal aid and counselling, for domestic workers facing abuse or exploitation.
- Inclusive Labour Laws: Extend labour protections to domestic workers, ensuring they have the same rights and benefits as other workers.
Conclusion
The Mangaf fire is a stark reminder of the systemic exploitation faced by migrant workers in the GCC states. While immediate actions and promises of reform are necessary, they must be accompanied by systemic changes to dismantle exploitative practices and empower workers. Ensuring the dignity and rights of migrant laborers is not only a moral imperative but also essential for the sustainable development of the region.
Related PYQ
Indian Diaspora has an important role to play in South East Asian countries economy and society. Appraise the role of Indian Diaspora in South-East Asia in this context. [ UPSC Civil Services Exam – Mains 2017]