Download the BYJU'S Exam Prep App for free IAS preparation videos & tests - Download the BYJU'S Exam Prep App for free IAS preparation videos & tests -

Why is the kafala system problematic?

  1. Under the Kafala system a migrant worker’s immigration status is legally bound to an individual employer or sponsor (kafeel) for their contract period. 
  2. The migrant worker cannot enter the country, transfer employment nor leave the country for any reason without first obtaining explicit written permission from the kafeel. 
  3. The worker must be sponsored by a kafeel in order to enter the destination country and remains tied to this kafeel throughout their stay. 
  4. The kafeel must report to the immigration authorities if the migrant worker leaves their employment and must ensure the worker leaves the country after the contract ends.
  5. Often the kafeel exerts further control over the migrant worker by confiscating their passport and travel documents, despite legislation in some destination countries that declares this practice illegal. 
  6. This situates the migrant worker as completely dependent upon their kafeel for their livelihood and residency. 
  7. The Kafala system has been widely criticized for its potential to exploit and abuse migrant workers, with some arguing that it constitutes a modern form of slavery due to the significant power imbalance between the sponsor and the worker. 
  8. The kafeel meets their labour needs in the context of immense control and unchecked leverage over workers creating an environment ripe for human rights violations and erosion of labour standards.

For detailed information on the Kafala System, visit the linked page.  

Further Readings – 

  1. Gulf Cooperation Council (GCC)
  2. International Labour Organization (ILO)
Related Links
International Organization for Migration India and Migration
World Confederation of Labour Carbis Bay Declaration – G7 Summit 2021
Labour Reforms – Labour Codes Explained Right Against Exploitation – Articles 23 – 24

Comments

Leave a Comment

Your Mobile number and Email id will not be published.

*

*