The "Kafala" System and Human Rights - Time For A Decision (Arab Law Quarterly, Vol. 29, Issue 4) (2015)

arab law quarterly 29 (2015) 307-342 Arab Law
Quarterly
brill.com/alq
The “Kafala” System and Human Rights:

Time for a Decision
Hanan N. Malaeb
Former Assistant Professor of Public Law, College of Law, Qatar University,
Qatar
hanan_malaeb@hotmail.com
Abstract
During the last few decades, the Gulf Cooperation Council (GCC) States have shown
exceptional developments in various fields. These accomplishments have been depen-
dent on GCC citizens and residents, some of whom are facing unfair treatment from
their sponsors based on accusations by the international community. This article will
provide an overview of such accusations by the international community against the
Kafala or sponsorship system, the sponsors’ defences, and new trends in the GCC
States toward eliminating this system. It will also propose some legal initiatives and
appropriate policies to be implemented for the benefit of the sponsored persons
and the GCC States’ international reputation.
Keywords
Kafala system – human rights – sponsor – sponsored person – GCC States
1 Introduction
The sponsorship or Kafala system is applied by the Gulf Cooperation Council

(GCC)1 States to bring people from the other countries to work in these States.
1 The Gulf Cooperation Council (GCC) is also known as the “Cooperation Council for the Arab
States of the Gulf (CCASG)”. It is a political and economic union of Arab states constituting
the Arabian Peninsula, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and United Arab
Emirates.
© koninklijke brill nv, leiden, ��5 | doi 10.1163/15730255-12341307

308 Malaeb
The GCC States receiving foreign workers use this system because it guaran-
tees the rights of both the employers and the foreign workers, since it provides
a legal basis for the residency and employment of those workers.2 Gradually,
the Kafala system and human rights issues have become the cause of persistent
pressure exerted by the international community and human rights entities on
GCC States that apply this system. Human rights organizations and specialized
international bodies such as the International Labour Organization (ILO)3 and
the International Organization for Migration (IOM)4 found that the Kafala
system is basically incompatible with essential human rights and modern
business systems. Therefore, when the United Nations High Commissioner for
Human Rights, Ms. Navi Pillay, visited the GCC States in 2010, she argued that
the Kafala system is a form of slavery5 that had been banned by international
conventions, as it deprives foreign workers from their basic rights and contra-
venes the provisions of the Universal Declaration of Human Rights.6
This article will verify those accusations, check whether the Kafala system
does indeed oppose human rights as provided by the International Bill of
Human Rights,7 and determine whether the current problem related to the
Kafala system in GCC States lies in the laws in force or is related to other issues.
It will also verify the opinions of GCC citizens regarding the Kafala system and
the steps that have been taken in some GCC States to eliminate the system’s
2 Azfar Khan and Hélène Harroff‐Tavel, The Implications of the Sponsorship System: Challenges
and Opportunities, ILO Regional Office for Arab States, p. 4, http://www.unescap.org/sdd/
meetings/beirut-June2011/Harroff-ILO-Implications-of-the-sponsorship-system.pdf.
3 The ILO is responsible for drawing up and overseeing international labour standards. It is the
only ‘tripartite’ United Nations agency that brings together representatives of governments,
employers and workers to jointly shape policies and programmes promoting decent work for
all. http://www.ilo.org/global/about-the-ilo/lang--en/index.htm.
4 I OM is the leading inter-governmental organization in the field of migration and works
closely with governmental, intergovernmental and non-governmental partners, http://www
.iom.int/jahia/Jahia/about-iom/lang/en.
5 Sevil Sönmez, Yorghos Apostopoulos, Diane Tran and Shantyana Rentrope, “Human rights
and health disparities for migrant workers in the UAE Human rights and health disparities
for migrant workers in the UAE”, Health Human Rights 13(2) (2011), http://www.hhrjournal.
org/index.php/hhr/article/view/435/665.
6 “Encouraging changes under way in Persian Gulf countries, says UN rights chief” (2010);
http://www.un.org/apps/news/story.asp?NewsID=34404&Cr=Pillay&Cr1=.
7 International Bill of Human Rights: combination of the Universal Declaration of Human
Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR) and its
optional protocols, and the International Covenant on Economic, Social and Cultural Rights
(ICESCR).
arab law quarterly 29 (2015) 307-342

The “ Kafala ” System and Human Rights 309
problems. Therefore, an analysis of the serious effects of the Kafala system

allows us to better understand not only the credibility and the purpose of the
international accusations against this system but also the scope of the GCC
States’ human rights protection for migrant workers.8
2 Definitions
In order to familiarize the reader with the thoughts offered herein, a brief
legal definition of its main terms, such as human rights, the Kafala System, the
sponsor and sponsored persons follows.
2.1 Human Rights

Human rights are the rights that belong to an individual as a consequence
of being human. They are considered to be universal and apply to all human
beings and to be fundamental referring to essential or basic human needs.
Therefore, since the adoption of the Universal Declaration of Human Rights in
1948, many treaties and agreements for the protection of human rights have
been concluded through the auspices of the United Nations, and several
regional and local systems of human rights law have been established.9
2.2 Sponsorship or Kafala System

The Kafala system is the main labour migration management system affecting
millions of migrants (25 million in 2010). This system emerged in GCC States in
the 1950s from the Bedouin principles of hospitality, which set obligations on
the treatment and protection of foreign guests.10 It is used in the GCC States to
secure manpower from abroad. Hence, it is the central institution that defines
identities, rights and obligations for employers and migrant worker employees.
As per this system, those who desire to work in the GCC States enter into a
contract with an institution or employer in which they receive an entry visa
and a residence permit, in exchange for their obligation to work for their desig-
nated sponsor or employer. For this reason, the Kafala system forms the guar-
antee system for a guest worker with reference to the authorities, as through
8 “Workers”, “migrant workers”, “sponsored persons” or “expatriate workforce” are terms

equal to the terms: “temporary contractual labour”. “Temporary contractual workers”
denote the employment of foreign workers in the GCC States.
9 See http://www.merriam-webster.com/dictionary/human%20rights.
10 Khan and Harroff‐Tavel, supra note 2.

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this system, the State delegates certain functions to its citizens that in the
other countries usually belong to state institutions. Consequently, the spon-
sored persons are restricted to their sponsors for whom they work while they
are in the labour-receiving state, as they cannot enter, work,11 change jobs or
leave the country until they have permission from their sponsor, usually a GCC
citizen, company or ministry. As a result, sponsors find the Kafala system a
guarantor of their practical and financial rights, while some sponsored persons
complain about the powers their sponsors hold over them, especially in delay-
ing or unsettling their wages.12
2.3 Parties to the Kafala System

The Kafala system consists of two main parties: the sponsor (employer) and
the sponsored person (employee).
2.3.1 The Sponsor (Kāfil)

In Arabic, kafīl means “responsible”. However, the term “sponsor” (kāfil)
means one who assumes responsibility for some other person or thing.
Accordingly, the sponsor could be a government, GCC citizen or company that
provides the foreign worker with an entry visa and a job, becomes responsible
to the authorities if the foreign worker changes residence or employment,
since the sponsorship system requires the sponsor to assume full economic
and legal responsibility for the employee during the contract period.
The legal definition of “Sponsor” was stated clearly in Article (1) of the
“Qatari Law No. 4 of 2009 regulating the entry and exit of expatriates in Qatar
and their residence and sponsorship”. This law gives a detailed definition of the
sponsor and distinguished between “residency” and “exit” sponsor as follows:
11 It has been noted that “some workers” work with other sponsors. For example: The
Social Work Society of Kuwait recently made a survey and discovered that 20.2% of
establishments have their workers being sponsored by others. The reasons given by
those companies include the following: the need for additional labour, non-approval
of Ministry of Social Affairs and Labour on the numbers required, seeking transfer
of sponsorship, compensation for escaping labour, and expanding in work. Aurelio
Estrada, “Sponsorship system and is effects on Expatriates workers in the Gulf Cooperation
Council”, Asia Pacific Mission for Migrants (2008); http://edm.iboninternational.org/
component/content/article/193-sponsorship-system-and-its-effects-on-expatriate-
workers-in-the-gulf-cooperation-council-gcc-countries.
12 “Qatar: Promises, Little Action on Migrant Workers’ Rights”, (2013); http://www.hrw.org/
news/2013/02/07/qatar-promises-little-action-migrant-workers-rights.

• Residence Sponsor means the employer, father, or any person inviting the
visitor on his sponsorship. Such sponsorship shall include granting permis-
sion to the sponsored person to leave the State.
• Exit Sponsor means such person who undertakes to comply with all the
obligations incumbent upon the expatriate for leaving the country which
are not yet fulfilled. The liability of the exit sponsor shall terminate upon the
re-entry of the expatriate to the State.
As per the above definition, the “exit sponsor” may not be the same person as
“the residence sponsor”. This could happen if the sponsored person was unable
to obtain an exit permission from his residence sponsor due to his refuse,
absence or death without having an agent.
Based on the same Qatari law, the exit sponsor could be the Minister of the
Interior or his designee. In order to regulate the entry and exit of expatriates,
their residence and sponsorship, this Minister or his designee can ensure the
transfer of foreign workers’ sponsorship temporarily in case of lawsuits with
the sponsor.
2.3.2 Sponsored Person (Makfūl)

The makfūl is legally known as a migrant worker. This term refers to a person
who is to be engaged, is engaged, or has been engaged in a remunerated activ-
ity in a state of which he or she is not a national.13 This article will use the term
“sponsored person” rather than the terms makfūl, migrant worker, resident or
foreign worker, as we think that the term “sponsored person” includes all the
categories, due to the fact that not all sponsored persons are workers, as some
are experts, academic professors, etc.
Being aware of the definition of the Kafala system and its parties, it is worth
noting the main international accusations that GCC States have faced from the
international community.
3 International Accusations against the Kafala System
For years, GCC States were criticised internationally because applying the
Kafala system was considered as a sort of human trafficking by international
13 “International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families”; http://www2.ohchr.org/english/law/cmw.htm.

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organizations and the United States.14 Such accusations were imposed on GCC
States at international meetings related to human rights. The following are
examples of those accusations.
The Kafala system—as per the international accusations—is equal to a
slavery system but under a different name and in a modern way, as the Kafala
system entails elements of servitude, slavery, and practices similar to slavery
mentioned in the “UN Trafficking Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children”.15 Although it is diffi-
cult to imagine that slavery exists so openly in today’s world, unfortunately for
migrant workers servitude is the reality of their daily lives.16
The Kafala system also—as per the international accusations—establishes
“distinctions” and gives the sponsor many rights that are not similar to those
of the sponsored person;17 as a migrant worker’s salary, living accommoda-
tions, meals, ability to work elsewhere, and even their ability to return home,
are at the mercy of their employer.18 Moreover, some public institutions in the
GCC States classify—publicly—their contracts for the non-local staff to “con-
tractors of America, Canada and Europe” and “contractors for the third world
14 Human Trafficking shall mean: “The recruitment, transportation, transfer, harboring or

receipt of persons, by means of threat, use of force or other means of coercion, of abduc-
tion, of fraud, of deception, of the abuse of power or of a position of vulnerability or of
the receiving or giving of payment . . . to a person having control over another person,
for the purpose of exploitation”. (Article 3 of the UN Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and Children, Supplementing the UN
Convention Against Transnational Organized Crime); http://www.iom.int/jahia/Jahia/
pid/748.
15 This Protocol was adopted by resolution A/RES/55/25 of 15 November 2000 at the fifty-
fifth session of the General Assembly of the United Nations. It is notable that Bahrain
joined it on 7 Jun 2004, Oman on 13 May 2005, Kuwait on 12 May 2006, the UAE on 21 Jan
2009. Saudi Arabia signed it on 10 Dec 2002 and ratified it on 20 Jul 2007; and Qatar on 29
May 2009; http://treaties.un.org/Pages/ViewDetails.aspx?mtdsg_no=XVIII-12-a&chapter=
18&lang=en.
16 “Due to the seemingly voluntary nature of migrant labor, it is an unfortunate reality that
many of these women effectively enslave themselves abroad in hopes of improving their
economic situation at home”. See, Romina Halabi, “Contract Enslavement of Female
Migrant Domestic Workers in Saudi Arabia and the United Arab Emirates”, Human Rights
and Human Welfare, p. 2; http://www.du.edu/korbel/hrhw/researchdigest/slavery/fmd
.pdf.
17 Muncief al-Sailami, “Sponsorship system in GCC between the international pressures and
the local interests”, (Arabic), http://www.dw-world.de/dw/article/.,,54838.5,. . . html.
18 Salim Essaid, “Migrant Workers under the ‘Kafala’ System in the GCC” (2010), http://
www.migrant-rights.org/2010/11/migrant-workers-under-the-
kafala-system-in-the-gcc/.

countries”. Such attitudes create discrimination among sponsored persons,

and consequently enhance the differences in their rights, which are protected
in international documents.
According to the international community, the Kafala system—in some
cases—contributes to the exploitation of migrant workers by a number of
employment institutions and dishonest employers.19 It also helps in the for-
mation of a social group that is based on this system as an essential source for
their income by trafficking20 in sponsorship contracts. This happens due to
many reasons, especially the absence of safeguards in recruitment systems. In
addition, the Kafala system—as per the international accusations—exposes
workers to coercive work which sometimes degrades their dignity, plus that
most migrant workers are paid low wages and in many cases are compensated
too late. Such situations are linked to the presence of unskilled migrants from
developing countries in the GCC States who appear to be willing to work for
far less than the average wages in a typical high-income country, and at wages
comparable to, or slightly higher, than incomes in their own countries.21 In
addition, most migrant workers arrive in the country heavily indebted, hav-
ing borrowed from moneylenders or mortgaged their land to finance inflated
travel and visa costs.
According to international accusations, under the Kafala system the liv-
ing conditions of migrant workers are inappropriate and unhealthy, as heat,
exhaustion, and inadequate safety requirements pose serious health and
safety problems for labourers who are subject to substandard and often cruel
work and living conditions, and systematic violation of basic human rights.22
Moreover, and also as per the international accusations, there is no moni-
toring of their living conditions or efforts for their improvement. This unfair
situation is accompanied with the high rates of physical, sexual,23 and psy-
chological abuse that impact the health of migrant workers and particularly
domestic workers.24 In addition, some women are beaten by their employers
19 Ibid.
20 “IOM Counter-Trafficking Activities”, issued by the International Organization of
Migration (IOM), http://www.iom.int/jahia/Jahia/pid/748.
21 Sanket Mohaoatra, “Equal pay for equal work for migrant workers” (2011); http://
blogs.worldbank.org/peoplemove/equal-pay-for-equal-work-for-
migrant-Workers.
22 Sönmez et al., supra note 5.
23 “Migrant Domestic Workers in the Middle East: Exploited, Abused and Ignored” (2010);
http://www.migrant-rights.org/2010/04/30/migrant-domestic-workers-in-the-middle-
east-exploited-abused-and-ignored/.

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and, in extreme cases, raped or tortured.25 Others also are detained for long
periods of time when they escape from their jobs26 because of the violence
practised against them. In the meantime, they do not have the opportunity to
obtain judicial services and adequate compensation for the misfortunes that
befell them27 as most GCC States have national labour legislation in place, but
unluckily, this usually does not extend to domestic work.28
Similarly, the Kafala system—based on the international accusations—
creates extra difficulties for domestic workers.29 Many women working as
domestics are overworked and underpaid. Under this system working hours
could exceed 8 hours per day30 free of charge, and sometimes workers have
to work against their will on their weekends.31 This means that such “workers
work 7 days per week, often continuously for weeks or months without days
off”.32 Unfortunately, domestic workers do not have access to clear procedures
25 See http://www.migrant-rights.org/faq/.
26 In such a case, the sponsor can report his/her employee a runaway (ḥurūb). Once a worker is
reported as a runaway, his status becomes illegal and he cannot approach any Saudi author-
ity for redress of his grievances. Manuel A. Amora, “OFW Guide: Want to work in KSA?”;
http://www.pesorepublic.com/db/pr-middle-east/ofw-guide-want-to-work-in-ksa/.
27 Anis Hidayah et al., “Prevent Abuses against Migrant Domestic Workers”, Human
Rights Watch (2010); http://www.hrw.org/news/2010/11/23/governments-saudi-arabia-
indonesia-and-sri-lanka.
28 Workshop on Strengthening Dialogue between ESCWA and ESCAP Countries on International
Migration and Development, United Nations—ESCWA, (Beirut, 2011), p. 6.
29 Article No. (1) of “the Convention Concerning Decent Work for Domestic Workers” states
that: “For the purpose of this Convention: (a) the term ‘domestic work’ means work per-
formed in or for a household or households; (b) the term ‘domestic worker’ means any
person engaged in domestic work within an employment relationship; (c) a person who
performs domestic work only occasionally or sporadically and not on an occupational
basis is not a domestic worker”. Text of the Convention Concerning Decent Work for
Domestic Workers, International Labour Conference, Centième session (Genève, 2011);
http://www.ilo.org/wcmsp5/groups/public/@ed_norm/@relconf/documents/meeting
document/wcms_157836.pdf.
30 As per Saudi Arabia 2011 report: “Asian embassies report thousands of complaints each
year from domestic workers forced to work 15-20 hours a day, 7 days a week, and denied
their salaries. Domestic workers frequently endure forced confinement; food depriva-
tion; and severe psychological, physical, and sexual abuse”. “World Report Chapter: Saudi
Arabia”; http://www.hrw.org/en/world-report-2011/saudi-arabia.
31 A report by the Human Rights Watch said the Kafala system “fuels abuses such as
employers . . . forcing migrants to work against their will”. Katerina Nikolas, “Saudi Arabia
considers plan to replace sponsorship system”, Digital Journal (2012); http://digitaljournal
.com/article/322183.

that could guide them to where help and information is available. In cases
where a domestic worker has escaped from the abuse of his/her sponsors’
treatment and sought help at a police station, s/he is usually arrested by the
police officers and returned to the sponsor. Hence, some workers go directly
to their embassies,33 asking them to mediate to solve difficult problems with
their sponsors.
One of the toughest international accusations against the Kafala system
is that the sponsored person cannot change his/her work without obtaining
the sponsor’s approval, which is often not granted. In addition, some sponsors
take possession of their sponsored persons’ passports, especially in the case of
domestic workers. Thus, for many people, working abroad is a risky business,
especially when an employer confiscates a migrant’s passport upon arrival for
‘safekeeping’, which effectively prevents the worker from leaving the country
without the sponsor’s consent.34
It is worth mentioning that even when the sponsored person still possesses
his/her passport, s/he needs permission from the sponsor in many GCC States
to travel abroad. Consequently, such a procedure—according to international
accusations—restricts freedom of movement, especially when problems
develop in the relationship between the kafīl and the sponsored person. In
the same context, most GCC States, if not all, will not allow a person to leave
their country if s/he has committed an offence under the law.35 An employee
who commits an offence or violates any of the laws regulating employment in
the GCC States is not allowed to enter employment in those states for a least
1 year.36
The Kafala system—as per international accusations—enables the sponsor
to force out the sponsored person immediately at the end of their contractual
relationship. That prevents the sponsored person from suing or laying claim to
33 It is noted that even in cases where the worker manages to contact his/her embassy, the
procedures are quite cumbersome. Rooja Bajracharya and Bandita Sijapati, “The Kafala
System and Its Implications for Nepali Domestic Workers”, 1 Policy Brief (2012): 6.
34 This consent is written on a paper called a ‘release paper’, which when signed by the
sponsor is subject to verification by the Immigration Department and can only be used
depending on its validity period, which is usually 3 days. Without an authenticated release
paper, foreign migrant workers cannot leave the country or change sponsor. Hence, they
become stranded workers. See Estrada, supra note 11.
35 “Breach of contract and/or abscondment are viewed as serious offences under the Kafala
system”; Bajracharya and Sijapati, supra note 33 at 6.
36 Rosalia Vazquez-Alvarez, “The micro-structure of wages and wage determination in the
UAE”, Economic Policy and Research Centre (EPRC), Dubai Economic Council (DEC),
(2010), p. 68.

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his/her right(s) through official channels, rather than the long time required
for litigation, due to unclear rights and mechanisms to make a claim. Moreover,
the Kafala system prevents migrant labour representation in the trade unions
in the receiving states.37
Based on the abovementioned accusations, the international community
has stated that GCC States must take steps to put an end to this horrific treat-
ment of migrant workers by immediately removing the legal climate of impu-
nity that allows employers to exploit, enslave, abuse, assault and/or injure
their domestic workers with virtual impunity.38
Last but not least, the criticisms directed at GCC States as a result of adopt-
ing the Kafala system have not only come from international human rights
organizations. The US State Department congressionally mandated Trafficking
in Persons (TIP) Report which was issued in 2008 also mentions as well a list of
the worst human traffickers.39 The US State Department blacklisted 14 coun-
tries worldwide, four of which are in the GCC: Bahrain, Kuwait, Oman and
Qatar.40 Those states did not agree with the above accusations and declared
that such reports were aimed to practise unjustified pressure on GCC States for
political ends, and that the information contained in the report was without
foundation and inaccurate.
In order to verify the facts, there is an urgent need to realise the accurate
situation of the sponsored persons in the GCC States. This issue will be the
subject of the following section.
37 “The Human Rights Watch report raises the issue of bans on trade unions as one of the
key issues in the region”. New HRW Report Slams Gulf States for Migrant Abuses, (2010);
http://www.migrant-rights.org/2010/01/26/new-hrw-report-slams-
gulf-states-for-migrant-abuses/.
38 “International Labour Organization calls on Gulf States to reform labour laws gov-
erning millions of foreign workers” (2010), http://english.aljazeera.net/news/middle
east/2010/12/2010125134022563993.html.
39 The eighth report was issued on 4 June 2008. It included a total of 14 countries: Algeria,
Burma, Cuba, Fiji, Iran, Kuwait, Moldova, North Korea, Oman, Papua New Guinea, Qatar,
Saudi Arabia, Sudan, and Syria. Clare Ribando Seelke and Alison Siskin, CRS Report of
Congress (2008), p. 2, http://fpc.state.gov/documents/organization/109559.pdf.
40 “Trafficking in Persons Report 2011”, Country Narratives: Countries N through Z; http://www
.state.gov/j/tip/rls/tiprpt/2011/164233.htm.

4 Real Situation of Sponsored Persons in GCC States
Some sponsored persons in GCC States face difficulties that emerge from many
factors. We will gather and discus those complications under two contexts, as
follows:
4.1 Different Applications of the Kafala System in GCC States

As mentioned earlier, from the perspective of the GCC States, the Kafala sys-
tem also affords some advantages, such as securing workers’ rights, including
the right of residence, the right to ensure work and the right to earn regular
pay. However, there are vast differences in practice and practical methods of
each sponsor in his treatment of his sponsored person. Such sponsors are clas-
sified as follows below.
As per Article (19) of the “Qatari Law No. (4) year 2009 regulating the entry
and exit of expatriates in Qatar and their residence and sponsorship”, there
are two categories of sponsors: “a sponsor, whether a natural or legal person . . .”.
Legally speaking, a “natural person” is an individual, and usually a GCC citizen,
while the “legal person” could be a GCC government, governmental or semi-
governmental body, or company.41
Below we highlight the practical differences of the above-mentioned spon-
sors towards their sponsored persons.
1 When the sponsor is a GCC government, any governmental or semi-

governmental body, the sponsored persons who are in relation with
the government and its related bodies are usually treated properly. They
are paid their salaries on time, are able to transfer their sponsorship (if
needed), and are never abused or treated violently by their sponsors. For
example, in the Qatar Financial Centre, sponsored persons have the right
to transfer their sponsorship, as it is encouraged and regulated that spon-
sorship should be uninhibited and assistance should be given to allow for
such transfers of sponsorship. The same issue is applied by Qatar
University, as many professors who completed their contracts with the
university and found other working opportunities in Qatar have the right
41 The situation is the same in all GCC States. In Dubai for instance: “A Sponsor or a Service
Agent is any UAE national, man or woman, or any UAE owned company who is will-
ing to take on the responsibility of bringing you into the country”. “Sponsorship for
Dubai: A UAE National as a ‘Sponsor’ or a ‘Service Agent’ Is Required by Law!”; http://
ww.w.incorporation-offshore-saves-wealth.com/sponsorship-for-dubai.html.

318 Malaeb
to transfer their sponsorship. As a result, it has recently been suggested in

the GCC States that a government authority in each GCC State should be
the sponsor for all migrant workers.
2 When the sponsor is a company, the sponsored persons who have a rela-
tionship with the company are also guaranteed humane treatment and
their rights are secured by contracts signed with the company. Thus,
many companies treat migrant workers humanely. On the other hand,
some companies treat their workers improperly, for instance, by provid-
ing them with unsuitable living conditions, confiscating their passports
or delaying payment of their salaries, etc.
3 When the sponsor is an individual, usually an GCC citizen, sometimes
problems can arise: while some citizens guarantee a fully humane treat-
ment for the sponsored persons, others use their sponsorship rights
unfairly. Hence, the sponsored person becomes something that may be
bought or sold, such as buying his visa42 by paying residence fees. Such
sponsors also occasionally fail to pay renewal fees for their sponsored
persons, and can deduct certain amounts from their salaries for housing
and healthcare costs. In addition, they sometimes receive monthly remu-
neration from their sponsored person if the latter uses the sponsor’s
name in his work. The sponsored person may also be subject to blackmail
by such sponsors when he expresses his willingness to transfer his spon-
sorship. This may result in the status of the sponsored person becoming
a state of dependency and subordination. Moreover, once the employ-
ment relationship is broken, a sponsored person will have no legal basis
to stay, and will be required to leave the country immediately.43 Thus, the
sponsored person finds himself under the authority of his sponsor who
can blackmail or exploit him under the threat of expulsion. In addition,
in some cases, such sponsors confiscate the passport of the sponsored
person until the latter obtains clearance. By doing so, greedy sponsors
use such methods to oblige the sponsored person to abandon his rights or
to settle his financial issues in a way that favours the sponsor.
42 Visas are usually very expensive. For example, “for domestic workers in Kuwait, visa trad-
ers charge between KD600 and KD700 for a visa and between KD250 and KD300 for an
annual renewal. However, this does not assure that one can find a job upon arriving in
Kuwait and involves companies hiring skilled labour. This is also true in the United Arab
Emirates where a free visa costs between 7 and 9000 Dirhams or US$1906-2450. This is
good for 3 years”. Estrada, supra note 11.
43 See, “International labour migration and employment in the Arab region: Origins, con-
sequences and the way forward,” Arab Employment Forum, International Labour Office
(Beirut, 2009), p. 6.

From the above, we can conclude that the inhuman practices of some spon-
sors could be the foremost factor upon which the international arena bases its
accusations against the Kafala system.
4.2 Kafala System in GCC State Legislation

Some restrictions stated in the GCC State labour laws are similar for all the
GCC States. However, many advantages for sponsored persons are also stated
in those laws. In the following, we will highlight the restrictions as well as the
benefits.
4.2.1 Kafala System Restrictions in GCC State Legislations

The disadvantages resulting from the application of the Kafala system are not
limited to the actions of unscrupulous sponsors, but also comprise restrictions
created by some local legislation on the sponsorship system. A sponsored per-
son leaving a receiving state in which he previously resided can only obtain a
new visa to work in the same state several years after his date of departure.44
Similarly, in cases where a sponsored person loses his/her job under the provi-
sions of the State’s labour laws, and does not appeal or challenge the decision
before a competent court,45 or the appeal is rejected, s/he may only return to
the same State for work after a period of time usually identified legally as 4
years from the date of departure.
A sponsored person cannot apply for a visa from any other GCC State except
with the written consent of his sponsor; therefore, s/he can only travel outside
the country with the consent of the sponsor. In addition, the sponsored person
cannot open a bank account, renew a driving licence or buy a car in the State
in which s/he operates without obtaining the sponsor’s consent. Likewise,
the sponsored person cannot bring his/her spouse or children to visit or live
together, or bring any relative or maid to his house in a State where he works
without first obtaining the consent of the sponsor.46 S/he also has to pay high
44 For example: In Qatar as per Law 2009, workers leaving their jobs without a ‘No Objection
Certificate’ (NOC) will have to wait 2 years. Meanwhile, those with an NOC from their
employer will be able to continue working in Qatar.
45 It was noted that the Labour Courts are allegedly slow and cumbersome, which makes it
significantly difficult for migrants with limited resources to obtain effective remedies.
46 For example, to bring the sponsored person’s family to live together during his/her stay
in Qatar, the Qatar Labour Law 2004 stated that an application must be submitted to
the Permanent Committee for Immigration Affairs in the Ministry of Labour and Social
Affairs. This request must include a salary certificate from the employer indicating
the amount the employee receives, together with documents to prove the employee is
staying in an appropriate dwelling, his marriage certificate, the birth certificates of his
minor children, and an account statement from the bank his salary is transferred to. The

320 Malaeb
duty fees upon obtaining approval to bring his/her spouse and children into
the country, noting that there are certain professions which permit bringing
their families, whereas others do not.47 Last but not least, a sponsored person
does not have the right to participate in free education, invest in stock compa-
nies, or own real estate.
4.2.2 Benefits of Sponsored Persons in GCC State Legislations

There are many rules in GCC State legislations related to the Kafala system that
are really helpful for sponsored persons:
– Passport confiscation. Formerly in GCC States, employers held the passports

of employees during their stay. Nowadays, none of the GCC States find this
acceptable. For example, the 2009 Qatari Law has forbidden this practice,
and employers are no longer permitted to hold employee passports, except
for visa and immigration processing. The same regulation holds for the KSA,
as the Council of Ministers has issued a decision preventing employers from
holding employee passports.48 On 25 December 2002, the UAE Ministry of
the Interior issued a decree regarding the Retention of Passports. This decree
states that according to the law, it is illegal for any other than an official
party with a judicial order to withhold an employee’s passport, and that in
such cases a suitable punishment will be enforced by UAE law.
– Maximum working hours. GCC State labour laws verify that working hours
should not exceed 44 hours per week, at the rate of 8 hours per day, except
during the month of Ramadan, when the maximum working hours will be
reduced to 36 hours per week. Moreover, workers are entitled to at least
1 day of rest per week, Friday being the common holiday for all workers in
GCC States. No employee should be made to work 2 or more Fridays con-
secutively.49
application is reviewed by a special committee to determine the merit of his request.

Hala al-Ali, “Workers’ Rights Book”, National Human Rights Committee (Doha, 2009), p. 63.
47 Nasra M. Shah, “Recent labour immigration policies in the oil-rich Gulf: How effective
are they likely to be?” ILO Asian Regional Programme on Governance of Labour Migration
(2008), p. 29.
48 “Unlawful to hold passports of expats”. http://www.saudigazette.com.sa/index.cfm?
method=home.regcon&contentID=20120313119544.
49 The Qatari Labour Law Year 2004, which also states that at times, the employee may be
required to work additional hours (not exceeding 10 hours). This should not be done
unless the additional work is necessary for prevention of gross loss to the company. In
such cases, the employer will have to pay to the employee for additional working hours
at a rate no less than the basic wage, plus no less than 25% thereof. For working between

From the above, we conclude that rules embodied in GCC State laws related to
the Kafala system correlate with many rules included in international human
rights documents. Unfortunately, the ways in which such rules are applied
by the GCC States or by individuals are widely divergent. Thus, international
accusations that were raised against the Kafala system mostly correlate with
the unethical practices of greedy sponsors. Based on the above overview, it is
important to verify why some sponsored persons are facing unfair treatment in
the GCC States. Thus, it is necessary to investigate the opinions of GCC citizens
about the Kafala system and its consequences.
5 Opinions of GCC Citizens regarding the Kafala System
To obtain a complete picture of the situation encountered by sponsored indi-

viduals residing in the Gulf region, it is essential to learn the opinions of GCC
citizens on the matter.
5.1 Opinions against Application of the Kafala System

In August 2002, the Grand Mufti of Saudi Arabia promulgated a fatwā (legal
statement in Islamic law issued by a religious leader or solicitor on a specific
issue) condemning the exploitation of guest workers.50 That fatwā was fol-
lowed by other opinions as revealed by the National Society for Human Rights
in Saudi Arabia, and a study was submitted to King Abdullah Bin Abdul Aziz
strongly criticising the sponsorship system as a “violation of internationally
recognised human rights and suggested to cancel this order and establish an
alternative system”.51
Other opinions are also held by GCC citizens, such as Dr. Abdullah al-
Madani who is an academic researcher and lecturer in Asian studies. He was
9 pm to 6 am, the employee should be paid a basic wage plus no less than 50% thereof,
except in the case of shift workers.
50 After that fatwā, The Saudi Arabia National Recruitment Committee instituted a uni-
fied labour contract for foreign workers, clarifying requirements and expectations of
recruitment agencies and workers. By doing so, the Government is funding an awareness-
training programme in Sri Lanka for women seeking domestic work in Saudi Arabia, so the
women receive information on their rights and useful telephone numbers. “Trafficking in
Persons Report”, US Department of State. Information released on 20 January 2009 to pres-
ent; http://2001-2009.state.gov/p/nea/ci/sa/80120.htm.
51 Al-Sailami, see supra note 17.

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the first to write an English-language book about Asian workers in GCC States,52
which highlights many serious problems in the GCC States that have contrib-
uted to the inhumane treatment that many sponsored persons experience
there. For example, the book indicates that part of the problem is that labour
laws in the Gulf States, while sophisticated, have not been raised to the ranks
of labour laws in the rest of the world. In addition, a large proportion of migrant
labourers in the region are left uncovered by clear, open and transparent rules,
as GCC labour laws do not protect domestic workers who are not considered
employees:53 i.e., private chauffeurs, housemaids, agriculture workers, shep-
herds, au pairs, private care nurses, home cooks, ladies’ tailors, beauticians,
house cleaners, etc.54
Madani spoke out that in some GCC States influential individuals show
disregard for the law, knowing they will not be penalized due to the presence
of discrimination and corruption in some departments and agencies, which in
most cases leads to bias in favour of the employer (sponsor). He also confirmed
that some GCC States fail to track the extent of employer compliance to valid
laws related to the working environment including the rights of sponsored
persons.
Madani also highlighted the issue among some Gulf families55 that not
every sponsor56 is aware of the rights of migrant workers; he explained that
their improper practices are considered extra factors beyond the ill-treatment
of migrant workers. He also clarified that part of the responsibility for migrant
labour problems is unrelated to GCC labour laws or their application, but rather
to employment offices and their mafia in exporting and importing countries.
52 Abdullah al-Madani, Asian Migrant Labour in the Gulf (2004). For further information
about Dr. Madani and his publications, see http://www.arabworldbooks.com/authors/
abdulla_elmadani.htm.
53 Nisha Varia and Jo Becker, “World Report 2012: A Landmark Victory for Domestic
Workers”; http://www.hrw.org/world-report-2012/world-report-2012-landmark-victory-
domestic-workers.
54 Amora, see supra note 26.
55 “Forced Labour: Facts and Figures”, International Labour Organization (2009), p. 2. http://
www.ilo.org/wcmsp5/groups/public/---dgreports/--dcomm/documents/publication/
wcms_106246.pdf.
56 Abdoulaye Diop, Mark Tessler, Kien Trung Le, Darwish Al-Emadi and David Howell,
“Attitudes Towards Migrant Workers in the GCC: Evidence from Qatar”, Journal of Arabian
Studies 2(2) (2012): 173-187, http://www.tandfonline.com/doi/full/10.1080/21534764.2012
.735453.

Therefore, the recruitment agencies (whether legal or illegal) are often respon-
sible for the severe forms of abuse.57
From the above-stated opinions, we understand that, even within the GCC
States, voices differ regarding the unaccepted results of the Kafala system, not
only claiming that unkind treatment results from applying this system but also
that other reasons often lie behind the problems.
5.2 Opinions Supporting Application of the Kafala System

Most GCC citizens hold some general opinion about the Kafala system, such
as that this system was not drafted to serve a certain category of people, but
rather for considerations affecting t personal and national identity. In this
sense, the Kafala system is linked to the fate and existence of GCC citizens.
According to this, the rights of GCC citizens are misrepresented, because they
have become the country’s minorities,58 especially with the increase of foreign
languages and the conflicting attitudes and behaviours concerning the GCC
system of values. Human rights—as per the same party—must not be decided
by the impact of Western values ignorant of GCC values.
Such opinions reflect the fact that most GCC citizens worry about the
growing numbers59 of foreign workers in GCC States,60 about their impact
57 “Particularly when female domestic workers and other categories of migrant workers are
returned to the agency by the sponsor. The agency will in this case try to place the migrant
with another sponsor in order not to lose the investment by the recruiters in the process
of bringing the migrant in the country. This practice, documented in different countries
where the sponsorship system is in use, sometimes involves keeping the rejected workers
in a state of detention to prevent them from running away or finding employment inde-
pendently”. See Sönmez et al., supra note 5.
58 G CC citizens have become the country’s minorities, more specifically in Kuwait, Qatar
and the United Arab Emirates, the stock of non-nationals relative to total populations is
particularly high. Estimates for 2010 are: 68.8%, 86.5%, and 70%, respectively. See supra
note 43.
59 “In a 2007 survey of 600 Emiratis, the UAE’s demographic imbalance was ranked the
top current and future “challenge” ahead of health-related, economic and traditional
security challenges. It is evident that the national/non-national demographic imbalance
now tops the political agenda in most, if not all, states”. Ingo Forstenlechner and Emilie
Jane Rutledge, “The GCC’s ‘Demographic Imbalance’: Perceptions, Realities and Policy
Options”, Middle East Policy Council; http://www.mepc.org/journal/middle-east-policy-
archives/gccs-demographic-imbalance-perceptions-realities-and-policy-options?prin.
60 “Young nationals in the Gulf found themselves confronted with a drop in purchasing
power and the emergence of unemployment. Immigrants started to be viewed as com-
petitors and indigenizing employment became a stake”. “Workshop 13: The impact of

324 Malaeb
on the demographics and social customs, as well as the widespread phenom-

enon of crime61 due to the fact that immigrant workers and their families rep-
resent a large percentage of the population.62 This results in several social,
demographic63 and economic implications for all GCC States.64 Hence, GCC
citizens consider the Kafala system as an ordinary procedural system govern-
ing the entry-exit operations and residence that have also been dealt with
in other legislations around the world. Such a procedural system ranks first
among measures taken for the internal security of the State and the safety of
citizens and their society.
Regarding the subject of abuses raised against GCC States and contrary to
human rights, GCC citizens consider such abuses simply as exceptions to the
rule, which represent less than 1%.65 Subsequently, GCC citizens consider
the international reports that criticize application of the Kafala system to be
non-transparent humanitarian66 or politicized reports used to pressure GCC
States that do not need UN proposals or outside advice to improve and develop
legislation.
On the other hand, GCC citizens have demanded several legal amendments
to the Kafala system that will not, however, affect their economic stability.67
Such amendments should be based on certain pillars:
migration on Gulf development and stability”, Gulf Research Meeting 2011, Cambridge
University (2011), p. 5.
61 Al-Sayed Hamed, “After Bahrain, requests in Saudi Arabia to cancel sponsorship system”,
article published on 5 June 2009; http://www.shamela.net/get/archive/index.php/t-
342649.html.
62 “Migration for domestic work has become an increasing feature of international migra-
tion flows within Asia and from Asia to Western Asia. In Kuwait alone, there are over
660,000 migrant domestic workers”. See supra note 29 at 5.
63 Forstenlechner and Rutledge, supra note 59.
64 Mohammed Ebrahim Dito, “GCC Labour Migration Governance”, UN/POP/EGM-
MIG/2008/7, (2008), p. 2.
65 Sulaiman Haji Ibrahim, “Deputy Chairman of the Qatar Chamber of Commerce and
industry: Transfer of the Arabs without the authorisation of the sponsor . . .”, an article
issued [in Arabic] in the Arab Newspaper, (Doha, 2007).
66 Kate Randall, US State Department Human Rights Reports, (2011); http://www.wsws.org/
articles/2011/apr2011/righ-a20.shtml.
67 G CC citizens’ concerns have grown, as countries of destination face high levels of unem-
ployment among their nationals, and some countries are faced with the almost-unique
situation of their nationals being minorities, and in some cases virtually—absent from
private sector labour forces. Managing these migrant inflows to complement skills and
labour force shortages while increasing the employment of nationals in the private sector
has therefore become a major challenge for these countries. See supra note 29 at 5.

– Interest in the local economy: i.e., it is not reasonable—according to most

GCC citizens—to allow workers to leave their jobs randomly without first
obtaining consent from their employers. This could otherwise cause disrup-
tion and delays in completion of the company’s work.
– Invested interest in sponsored persons: i.e., it would be senseless for an GCC
employer to quit their sponsored persons after the employer had invested in
their training and education for the job.68
– Maintaining employment contracts: i.e., the sole purpose of any immigrant
coming to the GCC States is to seek work. Thus s/he must uphold the employ-
ment contract and implement its provision, rather than undermine his
pledge to the sponsor.
From the above, we conclude that the Kafala system continues to persist for
several reasons, one of which is that it helps ensure control over foreigners in
countries where they often outnumber natives.69
In brief, those GCC citizens who insist on the importance of applying the
Kafala system in the region also express doubt about the necessity of amend-
ing the legal rules which control the transport of sponsorship. Their justifica-
tion is that, if a foreign worker comes to an GCC State to perform a specific job
and his sponsor is committed to the terms of the contract, and if the spon-
sored person does not experience coercion or injustice, then allowing transfer
of sponsorship will open the way for economic loses on the part of the sponsor.
In addition, any individual or company that pays more will be able to obtain
more experienced and excellent workers, regardless of the costs needed to
acquire and train them.
GCC citizens similarly disagree with the term “slavery” used by the inter-
national community due to the requirement of an exit permit to leave the
country, because they still consider such a permit part of the formalities nec-
essary to organize labour agreed upon by both the sponsor and sponsored
person. Hence, the use of words such as “slavery” is incorrect, especially
since some sponsored persons often share part of the responsibility for the
problems that they experience. This group of GCC citizens also defends
the accusation that they are racists or discriminate by reminding others that,
during centuries past, people in the Gulf region were not known to be arrogant
in their interactions with others and were engaged in global sea trade with
various parts of the world. Accordingly, GCC citizens used to see themselves
68 Ibrahim, see supra note 65.

69 “GCC: Kafala, UAE”, Migration News 19(1) (2012), online journal at: http://migration
.ucdavis.edu/mn/comments.php?id=3740_0_3_0.

326 Malaeb
a part of the global community, influenced by its variables and collaborating

with others.
As a final point, most GCC citizens consider that international organizations
have their own politically motivated reasons to criticise the Kafala system.
They believe that Human Rights Charters might be a Trojan horse with the aim
to enter GCC communities on the pretext of defending human rights, while, in
reality, their intending is to colonize in a modern dress.70 In the next section,
we will review the relationship between the Kafala system and international
documents relating to human rights.
6 Kafala System and International Human Rights Legislation
International accusations have been aimed at the GCC States for their improper
treatment of some sponsored persons in the Gulf region. Therefore, the fol-
lowing two subsections focus on the issue of how international human rights
documents are respected in the GCC States.
6.1 GCC States and Ratification of International Human Rights

Documents
At the outset, it should be noted that the issue of protecting the rights of
migrant workers was addressed internationally decades ago due to the close
relationship between migration as a social phenomenon with a human dimen-
sion and human rights. Therefore, the rights of migrant workers have always
been mentioned in human rights documents issued by the United Nations:
the Universal Declaration of Human Rights, 1948;71 the International Covenant
on Civil and Political Rights, 1966; the International Covenant on Economic,
Social and Cultural Rights, 1966; the Convention against Racial Discrimination,
1965; the Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW), 1979; the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families 1990, and others.
70 Mohammad Bin Abdurrahman al-Thani, “Sponsorship System and Trojan Horse”; http://
www.qatarshares.com/vb/showthread.php?t=268749.
71 It is important to mention that the Universal Declaration of Human Rights (UDHR) was
adopted by the United Nations General Assembly. It consists of 30 articles. Even though
the Universal Declaration of Human Rights is not legally binding, it has been adopted in
or has influenced most national constitutions since 1948, as it is a fundamental constitu-
tive document of the United Nations.

Based on the documents listed above, one can assume that in theory, the
rights of sponsored persons are protected. However, one should also note
that while all GCC States are parties to the conventions associated with
the Convention against Racial Discrimination and the Convention on the
Elimination of All Forms of Discrimination against Women, most GCC States
are not yet parties to either the International Covenant on Civil and Political
Rights or the International Covenant on Economic, Social, and Cultural Rights.
GCC States did not ratify these latter international covenants because those
international documents appeared to contradict Islamic law as well as GCC
States local family laws and customs, mainly with regard to the following criti-
cal issues:
1. Equality of men and women in:

a. their legal capacity,
b. freedom of movement and choice of local accommodation and
housing,
c. travel and subsistence regulations, and
d. provisions governing inheritance.
2. Issues associated with marriage and family laws.
According to the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families, ratified by the UN General
Assembly on 18 December 1990 and entered into force in July 2003, it is impor-
tant to note that the main signatures on this convention were from the coun-
tries providing workers (including Arab States such as Egypt, Morocco, Algeria,
Libya, and the Comoros), and Asian countries with a labour-intensive popula-
tion in the GCC States (e.g., Bangladesh, Philippines, Sri Lanka, Turkey, Bosnia,
Herzegovina, etc.). Meanwhile, this Convention has not yet been ratified by
any of the GCC States in spite of their urgent need to apply this Convention
that deals with all labour rights.72
The main importance of this Convention is that it applies to all workers,
regardless of the working period or place of residence. It also applies to tempo-
rary workers who are employed for a fixed term. Unfortunately, this issue was
one reason why GCC States have objected to this Convention, as they consider
foreign workers in the region to be temporary workers rather than migrants.
72 International Convention on the Protection of the Rights of All Migrant Workers

and Members of Their Families; http://treaties.un.org/Pages/ViewDetails.aspx?src=
TREATY&mtdsg_no=IV-13&chapter=4&lang=en.

328 Malaeb
The GCC States have not only objected to the terminology used in the
Convention. Other substantive issues pertain to rights of workers not deemed
acceptable by GCC States, as the Convention confirms that migrant workers
should have no fewer rights than the nationals of the receiving states and that
migrant workers and their families should be granted political rights such as
participation in decision-making related to community life.
It is well known that the International Labour Organization (ILO) defends
workers and their interests73 and directs its attention to developing rules that
protect migrant workers.74 Thus the ILO has held important conventions and
established a number of principles and standards concerning this category of
worker: namely, the Convention concerning Migration for Employment of 1949,
No. 97,75 and the Convention concerning Migration in Abusive Conditions and
the Promotion of Equality of Opportunity and Treatment of Migrant Workers,
No. 143, adopted by the General Conference of the International Labour
Organization on 24 July 1975 and entered into force on 9 December 1978.76
Although these two Conventions were significant in regulating foreign labour
and in stating labourers’ rights and duties, they have not yet been ratified by
the GCC States.77 Likewise, on 16 June 2011, the ILO adopted a new ground-
breaking treaty, the Convention Concerning Decent Work for Domestic
Workers, No. 18978 that extends key labour protection for domestic workers to
protect millions of people who have been without guarantees for their basic
rights. The GCC States have not yet ratified this Convention.79
73 International Labour Office, “International Labour Migration, A Rights-Based Approach”

(Geneva, 2010); http://www.ilo.org/public/english/protection/migrant/download/rights_
based_approach.pdf. See also, International Organization of Migration, “Migration
Initiative Appeal 2010” (Geneva, 2010), http://publications.iom.int/bookstore/index.php?
main_page=product_info&cPath=35_34&products_id=573.
74 See International Labour Office, “Rule of the Game (A Brief Introduction of International
Labour Standards)” (Geneva, 2009).
75 See http://www.ilo.org/ilolex/cgi-lex/convde.pl?C097.
76 See http://www.hrea.org/index.php?base_id=104&language_id=1&erc_doc_id=1094&
category_id=702&category_type=2&group=.
77 To verify the list of the states that ratified these two conventions, see: http://www.ilo.
org/dyn/normlex/en/f ?p=NORMLEXPUB:11300:0::NO:11300:P11300_INSTRUMENT_
ID:312242:NO; http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11300:0::NO:11300:
P11300_INSTRUMENT_ID:312288:NO.
78 Convention concerning decent work for domestic workers’ Convention: C189. Geneva.
Date of adoption: 16 June 2011, http://www.ilo.org/ilolex/cgi-lex/convde.pl?C189.
79 Ratifications of C189—Domestic Workers Convention, (2011), (No. 189), http://www.ilo.org/
dyn/normlex/en/f?p=1000:11300:0::NO:11300:P11300_INSTRUMENT_ID:2551460.

From the above, we conclude that GCC States have not always been inter-
ested in ratifying international workers’ conventions so that not all of the rules
stated in international documents have been put into effect where the major-
ity of migrants actually live and work. However, the GCC States have a special
responsibility to participate in all international efforts to guarantee rights and
justice for this vulnerable population. Becoming parties to the migrant rights
conventions will signal the GCC’s willingness to help address a serious problem
worldwide. One can now address the issue as to whether the conventions that
have been ratified by the GCC States are respected or breached as mentioned
in international accusations.
6.2 GCC States and Implementation of International Human Rights

Documents
After a thorough review of the Universal Declaration of Human Rights 1948,
which is considered the most important document on human rights that did
not require ratification by any state, and of revisions of international human
rights documents that were ratified by GCC States and comparing the rights
included therein and the situation of some sponsored persons in the GCC
States, we can realise that the inhuman situation of those sponsored persons
mainly breaches the rules as shown below.
6.2.1 Declaration of Universal Human Rights

Regrettably, the actual situation experienced by some sponsored persons in
GCC States does not correlate with certain articles of the Declaration:
• Article (1): “All human beings are born free and equal in dignity and rights.
They are endowed with reason and conscience and should act towards one
another in a spirit of brotherhood”.
• Article (2): “Everyone is entitled to all rights and freedoms set forth in this
Declaration, without distinction of any kind, including distinction as to
race, colour, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status”.
• Article (3): “Everyone has the right to life, liberty and security of person”.
• Article (9): “No one shall be subjected to arbitrary arrest, detention or exile”.
• Article (23) paragraph (4): “Everyone has the right to form and join trade
unions for the protection of his interests”.
• Article (23) which stipulates that: “(1) everyone has the right to work, to free
choice of employment, just and favourable conditions of work and to pro-
tection against unemployment”.
• Article (24): “Everyone has the right to rest and leisure, including reasonable
limitation of working hours and periodic holidays with pay”.

330 Malaeb
• Article (25) paragraph (1): “Everyone has the right to a standard of living
adequate for the health and well-being of himself and of his family, includ-
ing food, clothing, housing and medical care and necessary social services,
and the right to security in the event of unemployment, sickness, disability,
widowhood, old age or other lack of livelihood in circumstances beyond his
control”.
6.2.2 Conventions Ratified but not Respected by GCC States

Based on the actual situation of some sponsored persons in the GCC States, and
by comparison to international documents ratified by these States, we com-
prehend that there is insufficient respect shown towards many conventions,
especially the Convention against Racial Discrimination, 1966; the Convention
on the Elimination of All Forms of Discrimination against Women, 1979, and
the Declaration on the Elimination of Violence against Women, 1993. This is
in addition to the following Conventions that were also ratified by most of the
GCC States:80 the Convention concerning the Abolition of Forced Labour,81
the Convention concerning Discrimination in Respect of Employment and
Occupation,82 and the ILO Convention No. 182 on the Worst Forms of Child
Labour, 1999.83
By analysing the above facts, we conclude that GCC States have ratified
many, but not all international human rights documents, and that some rati-
fied international documents have not been implemented properly in the GCC
States. That is to say that some sponsor practices in these States have not been
equivalent to State attempts to compete with international progress in pro-
tecting workers’ human rights. All facts confirm that problems related to the
Kafala system appear in particular to arise from individual, and not govern-
mental, employer practices in the GCC, and that GCC governments have not
exhibited a lack of coherence with or commitment to international legislation.
Fortunately, we have begun to notice the emergence of new trends towards
modification of the Kafala system in GCC States. This is despite the denials of
80 See http://www.ilo.org/dyn/normlex/en/f?p=1000:11300:0::NO:11300:P11300_INSTRU
MENT_ID:312250; http://www.ilo.org/dyn/normlex/en/f?p=1000:11300:0::NO:11300:P11300_
INSTRUMENT_ID:312256. http://www.ilo.org/dyn/normlex/en/f?p=1000:11300:0::NO:1130
0:P11300_INSTRUMENT_ID:312327.
81 Note: Date of coming into force: 17/01/1959. Convention: C105. Geneva. Date of adoption:
25/06/1957. http://www.ilo.org/ilolex/cgi-lex/convde.pl?C105.
82 Note: Date of coming into force: 15/06/1960. Convention: C111. Geneva. Date of adoption:
25/06/1958. http://www.ilo.org/ilolex/cgi-lex/convde.pl?C111.
83 http://www.ilo.org/ipec/Action/Time-BoundProgrammes/Legal/Conventions/lang--en/
index.htm.

most GCC citizens that a conflict exists between the Kafala system and human
rights, despite their fear that the system might be abolished,84 and despite
the fact that most GCC States have failed to ratify the two human rights cov-
enants and some workers’ conventions, and have breached some of the ratified
conventions.
7 GCC State Trends to Modify the Kafala System
The concerns expressed by GCC States related to migrant workers are not new.
According to the huge movement of workers among the Arab States, and con-
sidering it an element of economic unity, the Third Conference of the Arab
Labour Ministers in Kuwait 1967 established a multilateral convention under
which the States concerned could facilitate the movement of workers. Workers
who move in accordance with the provisions of this Convention will enjoy the
same rights and privileges of State employees in the country to which they
move. This includes wages, hours of work, weekly rest, paid leave, social insur-
ance, education, and health services.
However, this convention failed to secure full protection for migrant work-
ers with regard to social conditions, such as family reunification, professional
conditions, the right to receive training, civil and political rights (such as the
right to form trade unions and collective negotiations). Later, a number of
agreements have been signed: Agreement No. 4, 1975; Agreement No. 8, 1977
and Agreement No. 14, 1981. Unfortunately, the majority of these conventions
on migration in general and on migrant workers in particular were stillborn,
as evidenced by the absence of ratification by Arab countries receiving man-
power. This fact prevented the effective application of these conventions and
made them superfluous. Problems and criticism aimed at the GCC States
related to the Kafala system continue to worsen. Such criticism has led these
States to adopt different trends toward maintaining or eliminating this system
as clarified below.
7.1 Kingdom of Bahrain

Bahrain, like other GCC States, used to apply the Kafala system. Nevertheless,
in 2009, foreign workers in the Kingdom of Bahrain were allowed to move from
84 It is noteworthy that a recently prepared study declared that females are more inter-
ested than males to abolish sponsorship system in the GCC countries. Asma al-Attiyah,
Qatari Families and Sponsorship System, Paper presented in a workshop titled Sponsorship
system . . . Results and Consequences, Qatar University, (Doha, 2011).

332 Malaeb
one employer to another without the first employer’s consent to guarantee the
rights of both employers and workers.
Amendments to Bahrain’s visa sponsorship laws have meant an easing

of restrictions imposed on workers who wish to move from one place of
employment to another. This is a significant and welcomed change as
it lessens the vulnerability and insecurity inherent under the employer-
sponsorship system. The changes to the system—in theory at least—
increase pressure on employers to compensate and treat their employees
on fairer terms, or else risk them moving on.85
Those amendments were considered a step toward modifying the Kafala sys-
tem in Bahrain, since from the Bahraini Government’s point of view, repealing
the sponsorship system is a calculated move to free up the labour market and
bring into place an overall plan to reform both the labour and the educational
systems of the country.86
On 23 April 2012, the National Assembly in Bahrain passed a new private
sector labour law, Law 36/2012, which King Hamad signed into law on 26 July
2012. Law 36/2012 extends sick days and annual leave, authorises compensa-
tion equivalent to 1 year’s salary for unfairly dismissed workers, and increases
fines employers must pay for violations of the labour law. Under the new law,
employers who violate health and safety standards can face jail sentences of
up to 3 months and fines of BD500 to BD1,000 ($1,326 to $2,652), with pun-
ishments doubling for repeat offenders.87 Moreover, the new law “will entitle
domestic workers to a proper labour contract which will specify the working
hours, leave and other benefits”.88
7.2 State of Kuwait

The State of Kuwait also faced repeated condemnation from international
bodies for applying the Kafala system. Therefore, in September 2010, the State
of Kuwait announced its intention to eliminate the Kafala system to mark the
85 Zahra Babar, Bahrain’s Decision to Repeal the “Kafala System”, http://cirs.georgetown

.edu/events/conferences/104124.html.
86 Ibid.
87 “For a Better Life-Migrant Worker Abuse in Bahrain and the Government Reform Agenda”,
Human Rights Watch Publications (2012), p. 6; http://www.hrw.org/sites/default/files/
reports/bahrain1012ForUpload.pdf.
88 Ibid.

10th anniversary of Kuwait’s liberation,89 seeking to replace it with regulations

consistent with internationally established norms.
After a year, in its 103rd session (17 October-4 November 2011) the Human
Rights Committee in Geneva stated that:
The State party (Kuwait) should abandon the sponsorship system and
should enact a framework that guarantees the respect for the rights of
migrant domestic workers”.90 Thus, “Kuwait is in the process of develop-
ing a new labour law91 which aims to do away with the Kafala system. The
new Kuwaiti labour law suggests the need for establishing a non-profit
entity which would be responsible for determining the labour require-
ments of the Kuwaiti private and public sectors.92
Briefly, up until now, like Bahrain, Kuwait has kept the Kafala system in place,
but made it easier for migrants to change sponsors.93
7.3 Kingdom of Saudi Arabia

The Kingdom of Saudi Arabia, which applies the Kafala system, has come
under major pressure recently over the country’s employment laws, which
are negatively affecting the foreign workforce in the Kingdom. Consequently,
Saudi Arabia has explained that the Kingdom is examining the mechanisms
which protect the rights of both sides, noting that:
• The Kingdom tried to reduce the negative attitudes of some citizens toward
migrant residents, by issuing decisions and instructions. A Cabinet of
Ministers’ decision No. 166 dated 12/7/1421H94 confirmed the importance
89 Khan and Harroff‐Tavel, supra note 2, p. 7.

90 “Consideration of reports submitted by States parties under Article 40 of the Covenant,
Human Rights Committee , “Concluding observations of the Human Rights Committee”,
103rd session (Geneva, 2011), p. 4.
91 The law has still to be approved by the Kuwait Cabinet before it is sent to HH the Amir
for his endorsement. It will then be published in the Kuwait Gazette and only thereafter
become effective. “New Kuwait private sector labour law detailed” (2012); http://www
.arabtimesonline.com/NewsDetails/tabid/96/smid/414/ArticleID/147996/reftab/36/t/
New-Kuwait-private-sector-labour-law-detailed/Default.aspx.
92 Babar, supra note 85.
93 “GCC: Kafala, UAE”, see supra note 69.
94 This decision also contained many rights for the workers, such as: allowing the worker to
move freely within the Kingdom as long as s/he has a valid residence permit; allowing the
worker to check with the governmental authorities for services that provide him and his

334 Malaeb
of punishing each employer who causes the suspension of conditions of

migrant workers’ rights that are registered for him, or who delays the pay-
ment of wages or benefits, or who takes payment for termination proce-
dures. Moreover, on Saudi National Day, 23 September 2010, the king
announced a six-month amnesty for undocumented workers to return
home without incurring immigration penalties.95
• A 5-year study by Saudi Arabia’s Ministry of Labour has been completed,
recommending an end to the system of “individual Kafala” and mentioning
that new proposals to terminate the system will be presented to the Council
of Ministers shortly for approval. Under the suggested changes, individual
sponsorship would be replaced by a corporate system. There would be a
new “Expatriate Labour Authority” to be affiliated to the Ministry of Labour,
and foreign workers would no longer have to surrender their passports
to sponsors. Additionally a new insurance scheme would offer protection to
employers from possible risks including robbery, embezzlement, damages,
leakage of important business information, and damages caused by the
worker to others. It could be several months before any changes are initiated
if the proposals in the report are recommended.96
• Recently, “The Ministry of Labour has drafted a new law that will end indi-
vidual sponsorship in the Kingdom. The law will be submitted to the Council
of Ministers in the next few months for final approval”.97
7.4 United Arab Emirates

The United Arab Emirates like other GCC States, has faced many criti-
cisms related to the Kafala system. Therefore, the UAE Government recently
announced that the foreign worker is able to alter the conditions of his
employment and that the worker who ends his leave will be able to change
his employer without waiting out the legal time period, which is currently
6 months, without getting the consent of his sponsor. This action will apply
only if the availability clause has been clearly defined, since the sponsorship
system is seen by UAE authorities not only as a means of ensuring a degree
family facilities such as issuing licenses, buying cars and owning telephones, etc., without
obtaining the consent of the employer (sponsor); that it is wrong for an employer to keep
the passports of a worker and his family.
95 World Report 2011: Saudi Arabia, http://www.hrw.org/en/world-report-2011/saudi-arabia.
96 Nikolas, supra note 31.
97 New Labor Law to End Individual Sponsorship (2012); http://www.saudigazette.com.sa/
index.cfm?method=home.regcon&contentid=20120401120787.

of stability in the labour market, but also—to some extent—as a method of

guaranteeing social cohesion.
By applying the new procedures, the strict rules regulating the transfer from
one employer (sponsor) to another have been relaxed. This increasing latitude
has most notably occurred in the case of employees in the professional and
managerial categories, but the policy of granting non-nationals greater free-
dom to change employment has also been extended to skilled workers.
Following the global economic downturn, more flexible rules have been
enacted by the Ministry of Labour to regulate the transfer of non-national
workers in the UAE.98 The start of 2011, in particular, has seen the introduction
of a number of new cabinet and ministerial resolutions that affect the ability of
workers in the UAE to change jobs more easily and with greater frequency.99
7.5 Sultanate of Oman

The Kafala system is prevalent in Oman, and, although prohibited by law,
migrant workers generally have their passports confiscated by employers,
some of whom hold the workers under abusive and difficult work conditions.
In addition, the current Kafala system in Oman does not allow migrant work-
ers the right to change employers without the sponsors’ consent; otherwise,
the worker is considered as an illegal resident in the country. However, accord-
ing to the Law that was issued in 2003, it is illegal for employers to loan migrants
to other employers.100
Although migrant domestic workers are also excluded from the labour law
in Oman, some protective measures are in place, including a ministerial decree
outlining their rights and work conditions. In addition, a unified contract is
in place for both domestic and commercial migrant workers. Employment
agencies fill in the computerized contract, which is shared automatically with
the Ministry of Manpower. Nevertheless, while migrant workers may file a
complaint against their employers for illegal practices, most workers are both
98 The UAE Government has undertaken a pilot project, involving the governments of two of
the main countries of migrant workers’ origin, namely India and the Philippines, with the
aim of assessing existing recruitment processes, and developing best practice guidelines
for the public and private sectors. Babar, supra note 85.
99 Simon Adams and Noor el-Shunnar, “Transforming Sponsorships in UAE-Increased
flexibility for 2011”, http://www.clydeco.com/insight/articles/transferring-sponsorship-
in-the-uae--increased-flexibility-for-2011.
100 Khan and Harroff‐Tavel, supra note 2 at 2.

336 Malaeb
unaware of their rights and existing protection mechanisms, or are fearful of

losing their jobs or being deported.101
During the first quarter of 2011, a joint United Nations submission recom-
mended that Oman consider abolishing the Kafala system and introduce an
updated labour law to ensure respect for the rights and duties of both employ-
ers and foreign workers. Oman was urged to include migrant domestic workers
in the scope of its labour law.102
7.6 State of Qatar

Considering that the total population of migrants in Qatar is four times
the total population of nationals, and as it is considered a real threat to the
national security,103 the Qatari Law No. 4 of 2009 Regulating the Entry and Exit
of Expatriates in Qatar and Their Residence and Sponsorship, was issued. This
law balanced between the interests of both parties (the sponsored persons and
the sponsors). The first issued law on the same subject was Act No. 3 of 1984 on
the Organization of Aliens’ Residence and Exit.104
This is an overview of the main amendments included in the new Qatari
Sponsorship Law 2009:
• Article (9): “The sponsor shall deliver the passport or travel document105
to the sponsored person once the procedures for issuing or renewing the
residence permit are accomplished”.
101 Joint UN Report for the Universal Periodic Review of Oman—Tenth Session, January 2011;
http://lib.ohchr.org/HRBodies/UPR/Documents/Session10/OM/JS1_JointSubmission1-
UNCT_eng.pdf.
102 Human Rights Council Working Group on the Universal Periodic Review, Tenth Session,
Geneva, 24 January-4 February 2011, General Assembly-UN, (2010), p. 11; http://lib.ohchr
.org/HRBodies/UPR/Documents/Session10/OM/A_HRC_WG6_10_OMN_2_Oman.pdf.
103 Jason Brian Ernst, Migration in the Gulf: A Critical Assessment of the Social, Cultural, and
Economic Implications of Migrant Workers in the Countries of the Gulf Cooperation Council,
Thesis submitted to the Honours College, International Studies, University of Arizona
(2011), p. 7.
104 In this context, we have to mention that “in late 2010, the Qatari Government launched
its “National Plan for Combating Human Trafficking for 2010-2015”, which the government
continues to implement with a budgetary commitment the equivalent to $6,487,195 in
2011. The Qatari Government also improved its protection measures to proactively iden-
tify victims of trafficking through implementation of a national referral mechanism”. US
Department of State, “Trafficking in Persons Report 2012”, http://www.state.gov/j/tip/rls/
tiprpt/2012/192368.htm.
105 Noting that workers that have no documents,—known as “stranded migrant workers”—
are those terminated and abandoned by their employers and thus without proper working

• Article (16): “Residence permits shall be granted to the spouse of the person
granted a Residence permit and to his/her male children who have not com-
pleted their university study up to the age of 25 and to his/her unmarried
daughters”.
• Article (18): “. . . the expatriate may provide an exit sponsor or a certificate
that there are no judgements under execution or claims made against the
expatriate issued by the competent courts after 15 days from the publication
of a notice in two daily newspapers for once prior to the Departure of the
Expatriate from the state, all in accordance with such procedures and mea-
sures issued under a resolution by the Minister”.
• Article (21) para. (5) allowed that: “A Qatari woman married to a non-Qatari
may by law and with the consent of the Competent Authority bring her hus-
band and children to the state under her own sponsorship”, confirming that
the male and female citizens are equal before the law.
• The new sponsorship Act also addressed the rights of investors as well
as the owners and users of real estate and apartments in Qatar. According
to the text of Article (43) para. (2), the Minister has the right to issue—
without a sponsor—residence permits to owners and users of real estate
and housing units in accordance with the provisions of Act No. 17 of 2004
that organize non-Qatari to own and use real estate and housing units.
It is worth mentioning that, in order to apply the law in spirit as well as in the
letter, His Excellency the Minister of the Interior in the State of Qatar com-
pletes appreciated efforts to transfer any worker or return him/her if there is
any evidence that he/she was abused by his sponsor, to avoid situations in the
law which requires the consent of the sponsor to transfer sponsorship.
The most important update has been the announcement of the Qatari
Ex-Prime Minister Sheikh Hamad bin Jassem al-Thani on 11 November 2010,
that the State of Qatar is seriously studying the possibility of abolishing the
Kafala system for entering the country for work, saying: “We are studying
the matter very carefully in order to preserve citizen’s rights and the rights
of the worker or any person who comes to work in Qatar, where rights are
balanced”.106 Around one year later in October 2012, the State Cabinet in Qatar
ordered the establishment of a committee that would study the sponsorship
and travel documents. Most of them have grievances lodged against their employers or
sponsors in the courts and embassies for contract problems. Estrada, supra note 11.
106 See http://www.qatarshares.com/vb/archive/index.php/t-414964.html.

338 Malaeb
rules and understandably make recommendations, thus paving the way for
possible changes in the system.107
Accordingly, the Legal Department in the National Human Rights
Commission in Qatar also confirmed that during October 2012, a law for domes-
tic workers is on its way to be approved by the competent authorities. This law
includes the limitation of working hours and a minimum wage. In addition, it
does not authorise the sponsor to confiscate the passports of his employees
and also imposes fines on those who breach its rules in this regard. The law also
gives the right to migrant workers to lodge complaints before the Department
of Labour, the National Human Rights or competent Qatari courts. It also
exempts the issues raised by the migrant workers from fees, and enables them
to appear before a judge as well as their sponsors. This law—if approved—will
make a quantum leap in protecting the human rights of domestic workers in
Qatar.
To end, we are pleased to recognise all the new trends proposed in GCC
legislations related to the Kafala system, as in law and policy terms, the
GCC States have committed themselves to develop laws and strategies which
reinforce the protection of sponsored persons and further the interests of
countries of destination and origin. However, questions still remain as to how
far these proposed moves will actually go, whether such changes will remain
more form than content, and to what degree the existing system can be
reformed.
8 Conclusions
The number of sponsored persons in the Gulf States is increasing due to rapid
development in the region, and the situations of some workers is appalling
as per international accusations. Some Gulf citizens, aware of the negative
consequences of this phenomenon, are against the Kafala system and its
effects on the reputation and economics of the GCC States. However, others
still defend the system, as they are situated between two challenging choices:
namely, the pressure of the international community on the Gulf States to can-
cel the Kafala system, and their own fear of the growing numbers of migrant
107 “Cabinet forms panel to study sponsorship”, The Peninsula, (Doha, 2012), http://www
.thepeninsulaqatar.com/qatar/210281-cabinet-forms-panel-to-study-sponsorship.html.

workers and their imported troubles. Therefore, according to some GCC cit-
izens, in future such complicated issues may cause serious problems in the
region, the least of which is facing increased criticism from the international
community, which could list GCC States on the human rights black lists.
The problem of expatriates and the imbalance in the population structure
in the GCC States is not new, but this does not mean that those States have to
tolerate it or avoid revision.
By verifying accusations by the international community, inspecting GCC
regulations, and considering opinions and arguments voiced by the GCC
citizenry, we can report that the GCC States have ratified the major ILO
Conventions on labour issues, which should accordingly have become part of
national legislation. Consequently their enforcement should leave a lot to be
desired. Nevertheless, the most important problem has been their application,
as many gaps have been identified in the implementation of international and
local human rights human rights regulations. As a result, the bad treatment
that faced some sponsored persons in the GCC States was not related directly
to the lack of GCC human rights rules, but rather because of the inhuman
treatment of sponsored persons by greedy sponsors. This has resulted in an
international call to cancel the Kafala system.
9 Recommendations
In the meantime, the GCC States should be aware that cancelation of the
Kafala system alone will not solve the problem because the issue is more com-
plex. This thorny topic requires a great deal of perseverance and hard work to
improve its legal and humanitarian terms, based on the fact that the rights and
sovereignty of the States in enacting the laws that they need is not to be dis-
cussed, and importing temporary employees does not entitle any State to vio-
late the rights of migrant workers. Especially since labour migration has played
an important role in helping the GCC States advance towards being one of the
most economically developed regions in the world. If managed well, it can play
a decisive role in the development agenda of countries both receiving, as well
sending, labourers. The GCC States should realise this issue and work hard to
address it. To that end, we therefore suggest the following recommendations:
1. All GCC States should ratify the international covenants and conventions
that are associated with migrant workers, especially the following inter-
national human rights documents:

340 Malaeb
i. International Covenant on Civil and Political Rights of 1966108

ii. International Covenant on Economic, Social and Cultural Rights of
1966109
iii. International Convention for Migrant Workers and Members of
their Families, 1990
iv. Fundamental ILO Conventions, mainly the new convention related
to domestic workers No. 189, 2011.110
2. As GCC States have not yet ratified the above-mentioned international
documents because they include a number of articles that contradict
Sharīʿah law, we recommend that GCC States ratify these international
documents, and, at the same time, address their reservations on those
articles.111 By doing so, GCC States will strike a balance between their own
interests, laws and customs, on the one hand, and their international
duties and obligations on the other.
3. The GCC States have to work to ensure that their national laws corrobo-
rate with the international standards and legislation on human rights. In
addition, they have to enact and put into force domestic laws112 that
apply Sharīʿah law, secure equality, provide greater balance between the
108 Noting that Kuwait ratified this Covenant on 21 May 1996, and Bahrain ratified it on
20 Sept. 2006, “Status as at: 18/02/2013. International Covenant on Civil and Political
Rights”; http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&
chapter=4&lang=en.
109 Noting that Kuwait signed this document on 21 May 1996, and Bahrain on 27 Sept.
2007. “Status as at: 18/02/2013, International Covenant on Economic, Social and
Cultural Rights”; http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_
no=IV-3&chapter=4&lang=en.
110 G CC States should also achieve the Millennium Goals of the United Nations that insists
on empowering women in general and female workers in particular and ensuring them
equal rights and duties. “High-level Plenary Meeting on the Millennium Development
Goals”, United Nations, (2010); http://www.un.org/en/mdg/summit2010/pdf/HLPM_
Side%20events_CRP.pdf.
111 It is notable that the State of Qatar signed the Convention on the Elimination of All Forms
of Discrimination against Women (CEDAW) 1979, on 29 April 2009 and addressed its res-
ervations on some articles that contradicted Sharīʿah Law. “Declarations and reservations
by QATAR made upon ratification, accession or succession of the CEDAW”, http://sim.law.
uu.nl/SIM/Library/RATIF.nsf/1b02bda6311c4e2dc12568b8004f23f4/9b1b613cf8ceb993c125
76b2004ab004?OpenDocument.
112 “Text of the Recommendation Concerning Decent Work For Domestic Workers”,
International Labour Conference, (Genève, 2011), http://www.ilo.org/wcmsp5/groups/
public/@ed_norm/@relconf/documents/meetingdocument/wcms_157835.pdf.

rights and duties between sponsors and sponsored persons, and hold
responsible those who differentiate between citizens and residents.
4. The GCC States are also recommended to activate the principle of inter-
national cooperation on the rights of migrant workers113 to ensure the
rights of both receiving and sending States,114 since international coop-
eration could enhance the awareness of policymakers on managing
migration inflows and protect migrant workers and their national culture
and interests. This could happen by signing memoranda, exchanging
information115 and experiences on reform between different countries of
destination and origin. The GCC States should also activate and develop
the proposals and recommendations from regional and international
conferences and workshops that are connected to Kafala system issues.116
5. The GCC States should adopt new initiatives to combat the abuse of
sponsored persons and devote human rights’ concepts in the relation-
ship between sponsors and sponsored persons, by holding training work-
shops aimed at raising the awareness of sponsored persons about their
legal rights, as well as publishing and disseminating a culture of respect
for sponsors regarding the rights of sponsored persons. They should also
enhance inspection procedures on premises and accommodations of
migrant workers to ensure a safe working environment and decent living,
and work to eliminate trading in visas and tighten punishment for perpe-
trators. They should also establish and activate an effective facilitator
113 “Enhancement of international cooperation in the field of human rights 62/160,” a resolu-
tion adopted by the General Assembly, during its Sixty-Second Session, FA/RES/62/160,
(2008).
114 “A number of countries have been actively engaged in collaboratively facilitating and
managing international labour migration outflows. Migration is in most cases managed
through bi-lateral Memoranda of Understanding (MoUs). For example, India has signed
MoUs with Bahrain and Kuwait, while Indonesia has negotiated MoUs with Jordan,
Kuwait, the UAE, and Qatar”. “Workshop on Strengthening Dialogue between ESCWA and
ESCAP . . .”, see supra note 28 at 5.
115 Labour deploying countries in most cases collect, analyse, and publish detailed data from
administrative records on labour migrant outflows. Meanwhile, data on migrant stocks
and inflows is not publicly available in the countries of destination in Western Asia; how-
ever, accurate data is a key requirement to draft evidence-based policies. Ibid., p. 6.
116 Many workshops and conferences are held on such issues; “Workshop 13: The Impact of
Migration on Gulf Development and Stability”, Gulf Research Meeting 2011, Cambridge
University (2011); “Sponsorship opportunities 2011 MIT Conference on Systems Thinking
for Contemporary Challenges”, sponsored by MIT’s System Design and Management
Programme (2011).

342 Malaeb
system for receiving complaints from sponsored persons and accelerate

their process of redress.
6. Each GCC State should implement the idea of replacing the “individual
sponsor” with the “state sponsor”, similar to what was issued in the 5-year
study in Saudi Arabia, which recommended a governmental body with
legal personality under the Ministry of Labour to oversee the conditions
of sponsored persons and to abolish any sponsor role.
7. GCC States should apply the idea of abolishing the Kafala system for
certain categories of sponsored persons who have clean registers and
have not been convicted, to be entitled to sponsor themselves, and, con-
sequently, have freedom of movement or action in the appropriate
sectors.
8. Specifically, for the State of Qatar, there is a vital need to ensure that
future recruitment standards should be compatible with the State’s needs
in the coming years, as Qatar’s projects for the World Cup 2022 will
require hundreds of thousands of human resources and trained
workers.117
9. Finally, the GCC States have to accomplish their current trends and con-
tinue to fulfil all the suggested proposals and plans; to eliminate the
unfair consequences of applying the Kafala system. By doing so, the GCC
States will confirm to the world the fact that they are really part of the
global community, influenced by its variables and working with a coop-
erative spirit.
117 “World Cup scheduled in 2022 should be an incentive for reform: One to two million for
construction workers to be recruited for projects, and $100 billion worth of infrastructure
investments is expected”. Khan and Harroff‐Tavel, supra note 2.

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arab law quarterly 29 (2015) 307-342 Arab Law

The “Kafala” System and Human Rights:

Kafala system – human rights – sponsor – sponsored person – GCC States

The sponsorship or Kafala system is applied by the Gulf Cooperation Council

© koninklijke brill nv, leiden, ���5 | doi 10.1163/15730255-12341307

arab law quarterly 29 (2015) 307-342

problems. Therefore, an analysis of the serious effects of the Kafala system

2.1 Human Rights

2.2 Sponsorship or Kafala System

8 “Workers”, “migrant workers”, “sponsored persons” or “expatriate workforce” are terms

arab law quarterly 29 (2015) 307-342

2.3 Parties to the Kafala System

2.3.1 The Sponsor (Kāfil)

arab law quarterly 29 (2015) 307-342

2.3.2 Sponsored Person (Makfūl)

3 International Accusations against the Kafala System

arab law quarterly 29 (2015) 307-342

14 Human Trafficking shall mean: “The recruitment, transportation, transfer, harboring or

arab law quarterly 29 (2015) 307-342

countries”. Such attitudes create discrimination among sponsored persons,

arab law quarterly 29 (2015) 307-342

arab law quarterly 29 (2015) 307-342

arab law quarterly 29 (2015) 307-342

arab law quarterly 29 (2015) 307-342

4 Real Situation of Sponsored Persons in GCC States

4.1 Different Applications of the Kafala System in GCC States

1 When the sponsor is a GCC government, any governmental or semi-

arab law quarterly 29 (2015) 307-342

to transfer their sponsorship. As a result, it has recently been suggested in

arab law quarterly 29 (2015) 307-342

4.2 Kafala System in GCC State Legislation

4.2.1 Kafala System Restrictions in GCC State Legislations

arab law quarterly 29 (2015) 307-342

4.2.2 Benefits of Sponsored Persons in GCC State Legislations

– Passport confiscation. Formerly in GCC States, employers held the passports

application is reviewed by a special committee to determine the merit of his request.

arab law quarterly 29 (2015) 307-342

5 Opinions of GCC Citizens regarding the Kafala System

To obtain a complete picture of the situation encountered by sponsored indi-

5.1 Opinions against Application of the Kafala System

arab law quarterly 29 (2015) 307-342

arab law quarterly 29 (2015) 307-342

5.2 Opinions Supporting Application of the Kafala System

arab law quarterly 29 (2015) 307-342

on the demographics and social customs, as well as the widespread phenom-

arab law quarterly 29 (2015) 307-342

– Interest in the local economy: i.e., it is not reasonable—according to most

68 Ibrahim, see supra note 65.

arab law quarterly 29 (2015) 307-342

a part of the global community, influenced by its variables and collaborating

6 Kafala System and International Human Rights Legislation

6.1 GCC States and Ratification of International Human Rights

arab law quarterly 29 (2015) 307-342

1. Equality of men and women in:

According to the International Convention on the Protection of the Rights of

72 International Convention on the Protection of the Rights of All Migrant Workers

arab law quarterly 29 (2015) 307-342

73 International Labour Office, “International Labour Migration, A Rights-Based Approach”

arab law quarterly 29 (2015) 307-342

6.2 GCC States and Implementation of International Human Rights

6.2.1 Declaration of Universal Human Rights

arab law quarterly 29 (2015) 307-342

6.2.2 Conventions Ratified but not Respected by GCC States

© koninklijke brill nv, leiden, ��5 | doi 10.1163/15730255-12341307

8 “Workers”, “migrant workers”, “sponsored persons” or “expatriate workforce” are terms

14 Human Trafficking shall mean: “The recruitment, transportation, transfer, harboring or

68 Ibrahim, see supra note 65.

72 International Convention on the Protection of the Rights of All Migrant Workers

73 International Labour Office, “International Labour Migration, A Rights-Based Approach”

85 Zahra Babar, Bahrain’s Decision to Repeal the “Kafala System”, http://cirs.georgetown

89 Khan and Harroff‐Tavel, supra note 2, p. 7.