“These women are an example of modern day slavery”
Twenty-one women who were lured into modern day slavery in Kuwait, were repatriated and returned to Zimbabwe to start a new life.
19 May 2016
HARARE (ILO News) On arrival in Kuwait, their ‘employers’ confiscated their passports. Most of the women have reported working for very long hours for no or little pay, being physically or sexually abused by their ‘employers’ and being restrained from leaving the employers’ home. More reported cases are that some of the women have been forced into sex slavery or have been further sold off to traffickers from other Middle East countries.
Those who have fallen ill have not received medical attention, with one disturbing case of a woman who has been so traumatized that she has become mentally disturbed.
To secure the release of some of the women, relatives have raised amounts ranging from USD2,500 to USD3,000 to compensate the former ‘employers’
Their stories echo the findings of the 2013 ILO study on Jordan, the UAE, Kuwait and Lebanon: Tricked and Trapped: Human trafficking in the Middle East. The report was a compilation of 650 one-on-one interviews with migrant workers in these countries, which outlines the difficult working conditions of the trafficked adult workers, the processes of how they become involved in forced labour and sexual exploitation and the constraints they face to leave the abuse. It offers responses to human trafficking that encourage governments, employers’ and workers’ organisations and other stakeholders to collaborate. Further, it recommends addressing systemic gaps in labour migration governance in the region; empowering labour ministries to oversee the recruitment process; handling of complaints by migrants and employers; and verifying stories of abuse before taking action as an alternative to the Kafala system.
The kafala, or sponsorship system “is a system of control in force in most Middle East countries. These rigid sponsorship laws and regulations continue to define the choices and conditions of the millions of migrant workers in the region. It is a way for governments to delegate oversight and responsibility for migrants to private citizens or companies.” The system gives sponsors a set of legal abilities to control workers: without the employer’s permission, workers cannot change jobs, quit jobs, or leave the country.
Kafala regulation is overseen and enforced by each country’s Ministry of Interior. Workers’ immigration status is treated primarily as a security rather than a labor issue. The power that the Kafala system delegates to the sponsor over the migrant worker, has been likened to a contemporary form of slavery. The majority are low-wage construction or service-industry workers, or domestic workers, who toil under even harsher restrictions. But even highly-paid and professional workers have suffered due to sponsorship regulations.
The stories of the Zimbabweans repatriated from Kuwait is live evidence of what the ILO Forced Labour Convention, 1930 (No. 29) and its Protocol: Protocol of 2014 to the Forced Labour Convention, 1930 advocate against. This is a clear example of deceptive recruitment and forced labour, and how both the recruiting and destination countries have not managed to safeguard the welfare of the workers.
Furthermore, Domestic Workers Convention, 2011 (No. 189) and its Recommendation No. 201 are clear in their message that domestic workers, like other workers, have the right to decent working and living conditions. The Convention provides for minimum protection of domestic workers, while allowing for flexibility in implementation.
In protest and as a show of solidarity with the victims, female Members of Parliament have held a sit-in the National Assembly. At government level, the Minister of Foreign Affairs has written a protest letter to the government of Kuwait, demanding a ban on the issuance of Article 20 visas (specific for domestic workers).
The ILO has been part of consultative meetings with other UN agencies on the best way of supporting the government. In addition to pushing for finalization of the National Migration Policy, the UN family will ensure that:
Those who have fallen ill have not received medical attention, with one disturbing case of a woman who has been so traumatized that she has become mentally disturbed.
To secure the release of some of the women, relatives have raised amounts ranging from USD2,500 to USD3,000 to compensate the former ‘employers’
Their stories echo the findings of the 2013 ILO study on Jordan, the UAE, Kuwait and Lebanon: Tricked and Trapped: Human trafficking in the Middle East. The report was a compilation of 650 one-on-one interviews with migrant workers in these countries, which outlines the difficult working conditions of the trafficked adult workers, the processes of how they become involved in forced labour and sexual exploitation and the constraints they face to leave the abuse. It offers responses to human trafficking that encourage governments, employers’ and workers’ organisations and other stakeholders to collaborate. Further, it recommends addressing systemic gaps in labour migration governance in the region; empowering labour ministries to oversee the recruitment process; handling of complaints by migrants and employers; and verifying stories of abuse before taking action as an alternative to the Kafala system.
The kafala, or sponsorship system “is a system of control in force in most Middle East countries. These rigid sponsorship laws and regulations continue to define the choices and conditions of the millions of migrant workers in the region. It is a way for governments to delegate oversight and responsibility for migrants to private citizens or companies.” The system gives sponsors a set of legal abilities to control workers: without the employer’s permission, workers cannot change jobs, quit jobs, or leave the country.
Kafala regulation is overseen and enforced by each country’s Ministry of Interior. Workers’ immigration status is treated primarily as a security rather than a labor issue. The power that the Kafala system delegates to the sponsor over the migrant worker, has been likened to a contemporary form of slavery. The majority are low-wage construction or service-industry workers, or domestic workers, who toil under even harsher restrictions. But even highly-paid and professional workers have suffered due to sponsorship regulations.
The stories of the Zimbabweans repatriated from Kuwait is live evidence of what the ILO Forced Labour Convention, 1930 (No. 29) and its Protocol: Protocol of 2014 to the Forced Labour Convention, 1930 advocate against. This is a clear example of deceptive recruitment and forced labour, and how both the recruiting and destination countries have not managed to safeguard the welfare of the workers.
Furthermore, Domestic Workers Convention, 2011 (No. 189) and its Recommendation No. 201 are clear in their message that domestic workers, like other workers, have the right to decent working and living conditions. The Convention provides for minimum protection of domestic workers, while allowing for flexibility in implementation.
In protest and as a show of solidarity with the victims, female Members of Parliament have held a sit-in the National Assembly. At government level, the Minister of Foreign Affairs has written a protest letter to the government of Kuwait, demanding a ban on the issuance of Article 20 visas (specific for domestic workers).
The ILO has been part of consultative meetings with other UN agencies on the best way of supporting the government. In addition to pushing for finalization of the National Migration Policy, the UN family will ensure that:
- the capacity of relevant government departments is enhanced to react;
- a system is put in place that detects, acts and responds to trafficking with support from the UN;
- the coordination mechanism provided for in the legislative Act is supported to make it functional;
- the UN assumes an advisory role for the long term response to pursue compensation through international laws and instruments;
- the National Action Plan on trafficking is put into operation, clearly spelling out the role of the family;
- the UN Communications Group, print and social media streams are strategically used to reach the wider population.