Resolving the Issues Faced by the Migrant and Domestic Workers - Research Proposal Example

Memorandum Ministry of Foreign Affairs (Kingdom of Saudi Arabia) 23.7 Resolving the Issues Faced by the Migrant and Domestic Workers Name Professor Subject Date Introduction The abuse and exploitation of migrant domestic workers has become one of the biggest problems. Many migrant workers face the problems such as psychological and physical torture. Various findings indicate that the citizens of Saudi Arabia misuse the existing Kafala (sponsorship) system by confiscating passports of migrant workers, not giving them salaries, bonuses and other benefits that are normally given to the migrant workers. In this entire issue, the role of recruitment agencies is equally important. Numerous recruitment agencies do not follow the standards practices while recruiting foreign workers for the Kingdom of Saudi Arabia; they do not inform the migrant workers about the actual salaries and working conditions; instead, they lie to them. In this memorandum, an attempt has been made to highlight abuse and exploitation the migrant workers face, and it is the purpose of this memorandum that the Ministry of Foreign Affairs (Kingdom of Saudi Arabia) must take note of the plights of foreign workers and act upon the recommendations provided in the paper. Background The existing Kafala (sponsorship) system fuels abuse and exploitation of the migrant workers in the country. Under the Kafala system, the migrant workers are tied by the employer’s consent and wish; the employer assumes authority to hire migrant workers and to grant permissions to workers to enter, transfer, or leave Saudi Arabia. The existing conditions of the Kafala system extend substantial power over the worker. According to the statistics department of Saudi Arabia, over 8 million migrant workers work in the country (Ghafoor). Aggregately, this figure is one-third of Saudi Arabia’ total population. The migrants mainly come from India, Pakistan, Bangladesh, Indonesia, Sri Lanka and Philippines. They offer their services in the sectors such as health, domestic service, construction, and other business sectors. Human Rights Watch report maintains that actual statistics of domestic workers considerably vary in the country. The report highlights that such data are not publically available and consequently it becomes very challenging to rely on the provided statistics and, at the same time, search out the registered workers as well. Furthermore, the report highlights that the employers remain less inclined to obtain a national identity card, known as iqama, for migrant domestic workers. However, the reports clearly indicates that approximately 30,000 to 40,000 migrant workers come every month in the kingdom through different recruitment agents and employers living in the country. Problems Migrant workers face a numerous and wide range of abuses in the Kingdom of Saudi Arabia. They face the issues such as violations of movement freedom, deception during recruitment process, labour exploitation, and sexual and physical abuse. The Human Rights Watch report includes interviews of many girls and women, domestic workers, who are clearly facing the problems tantamount to trafficking, forced labour, slavery-like conditions and slavery. The international law disallows trafficking, forced labour and practices similar to servitude and slavery. The Universal Declaration of Human Rights, the International Labour Organization’s Forced Labour Convention, the International Covenant on Civil and Political Rights (ICCPR), the Slave Trade, the Supplementary Convention on the Abolition of Slavery, the Trafficking Protocol, the Rome Statue formally describing and establishing the International Criminal Court and the institutions and practices similar to slavery (Supplemental Slavery Convention) remain the main sources of international law defining and proscribing the above mentioned practices. More importantly, in the year 1962, the then King Faisal issued the royal decree to abolish slavery in Saudi Arabia. McCabe and Manian have quoted the definition provided by the EU Framework Decision on Combating Trafficking in Human Beings, where human trafficking is described as: “An act of controlling a person by either using physical or mental violence, fraud or deceit or by abusing authority or a position of vulnerability or by exchange of payment to achieve the consent of a person having control over the victim; For the purpose of labour or sexual exploitation of the trafficked person” (72). Migration and human trafficking are closely interrelated as traffickers usually misuse and exploit the processes by which potential migrants migrate from one country to another. Recruiters often exploit the potential workers as regards their original work place or working conditions. For example, Human Rights Watch report highlights a particular exploitation case in which a Saudi man in collaboration with an Indonesian labour agent deceived an Indonesian migrant worker into believing that she was migrating only for the purpose of marriage, yet the Saudi man took her as a domestic worker and forced her to work as a domestic worker. Various employers exercise their control and exploit the migrant workers. Human Rights Watch Saudi Arabia has taken interviews with numerous domestic workers and have documented their plights in the country (Human Rights Watch 4). The report maintains the wide spread psychological and physical abuse committed by both employers and the agents. The examples of exploitation and abuse include deliberate burnings with hot iron, beatings, insults, threats and shaving the head of a migrant worker. This list is limited to this point. The report further highlights the issues of food deprivation have become a common and widespread abuse in the Kingdom of Saudi Arabia. Additionally, the report describes women migrant workers who reported attempted rape, rape, and sexual harassment by the male employers or their sons. The worst part of this reality is that such treatment is faced not only by the domestic workers but also the foreign workers. Recommendations The practice and protection of human rights have considerably gained currency in the recent times. Many developed countries such as United States of America, Germany, France, United Kingdom and other nations value and protect human rights. The Kingdom of Saudi Arabia must not remain behind in this respect. It must improve its human rights record by strictly adhering to the covenants of 1998 Human Rights inbuilt in the United Nations’ Charter. The key to eliminating abuse against migrant workers is not by terminating migration, but by facilitating required protection of human rights of domestic workers. Based on its key findings, Human Rights Watch report has recommended the following measures: Reform the visa sponsorship system in which the main focus should be to untie workers’ visas from the employers’ sponsorship. This would enable the migrant workers to protect themselves from the abuse and exploitation at the hands of Kafala system and simultaneously the migrants would be able to easily leave or transfer employment at will; Coordinate and cooperate with the authorities of labour-sending countries to closely monitor conditions of migrant domestic workers and assist them in case of need, or they face abuse or exploitation issues at the hands of agents, employers or any other individual; Enforce the proposed annex related to the 2005 Labour Code covering and extending labour protection, particularly to domestic workers, and observe equality and uniformity of labour laws adoption; Upgrade the protocols and facilities for the shelters for domestic workers, mainly managed by the Ministry of Social Affairs; Develop and establish frameworks for independent and frequent surveillance of recruitment practices of labour agencies with surprise visits and inspections; Coordinate with labour-sending countries to inform them about the issues and problems faced by detained nationals and, at the same time, coordination must help provide shelter, medical care, legal aid and counselling to victims of abuse. Works Cited Ghafoor, Abdul P.K. “Government Jobs for Saudi Women.” Susris.com. 29 May, 2007. Web. 24 July, 2012. . Human Rights Watch. As If I Am Not Human: Abuses against Asian Domestic Workers in Saudi Arabia. Human Rights Watch, 2008. Print. McCabe, Kimberly A., and Sabita Manian. Eds. Sex Trafficking: A Global Perspective. Maryland: Lexington Books, 2010, Print. Read More