The lockdowns and self-isolation orders imposed by governments around the world have proven to slow the spread of COVID-19. However, the dark reality is that the kafala system still traps many of the African and Asian migrant domestic workers in the Middle East. As the number of coronavirus cases rises, so too does the number of workers who need to be protected. Human rights groups are concerned that workers are now facing a greater risk of serious abuse. This is a consequence of confining more families to their homes during the pandemic. They warn that more must be done to protect the health of vulnerable migrant workers in the Middle East. Especially since many of these workers are without support.
According to the BBC, on 16 April 2020, there were over two million confirmed cases of coronavirus globally. This has led to at least 137,000 deaths. The spread of the virus has highlighted the fact that migrant workers are particularly vulnerable. Many migrants in the Middle East are tied to their employers under the kafala system. On 14 April 2020, Amnesty International reported that there are approximately 250,000 migrant domestic workers in Lebanon who remain trapped under oppressive working conditions. Workers under the kafala system are often unaware of their own rights and find themselves stuck in unbreakable employment contracts. These agreements usually limit their access to good healthcare, confine them to overcrowded accommodation and minimize their freedom of movement.
An April 2020 report by the Middle East Eye reveals the devastating effects of the kafala system. In 2017, it was estimated that at least two migrant domestic workers died every week as a result of suicide or failed escape attempts. Amnesty International’s Middle East and North Africa Regional Director Heba Morayef, has stated that “the kafala system has always been a form of imprisonment in the home for migrant domestic workers.” She also added that “while staying at home will prevent the spread of COVID-19, it increases the risk of exploitation and other forms of abuse suffered by live-in migrant domestic workers at the hands of their employers.” As stated by The Guardian in April 2020, orders for families to confine themselves to their homes may worsen the conditions for migrant workers. Domestic workers are being forced into more dangerous work and are facing more obsessive demands to clean homes.
It is no surprise that in March 2020, the Geneva Council for Rights and Liberties warned the World Health Organization of the effects of coronavirus on kafala workers. They explained that the migrants most at risk are those trapped in oppressive cycles of abuse and labour exploitation. This is especially true in the United Arab Emirates. The organization stated that “vulnerable” workers are at greater risk of being exposed to the virus and therefore “more needs to be done to protect them”. It went on to add that “this will require urgent action to stop the ongoing work, especially when it takes place in overcrowded complexes where the infection is easily spread.”
According to Morayef, “exploitative working conditions, the threat of violence and living under lockdown can also have a devastating impact on the mental health of domestic workers, many of whom are far removed from their own homes and families.” As reported by the Middle East Eye, the biggest pitfall of the kafala system is that it gives too much power to the employer, referred to as the kafeel. The system is not legally binding. However, it is a traditional concept that has become so indoctrinated within Middle Eastern society that it has taken precedence over labour law. This has led to the continual violation of migrant workers’ rights.
Recently, the plight of migrant domestic workers under the kafala system has highlighted the importance of human rights. This has occurred in the effort to prevent and regulate the spread of coronavirus. Middle Eastern governments must protect those suffering under exploitative working conditions during the lockdown. It is essential that the rights of all workers are treated with the respect and dignity that they deserve. This includes those who are undocumented. Migrant domestic workers take care of families across the Middle East; they deserve to be taken care of too.
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