Kafala System: A Modern-Day Indentured Servitude in the Gulf

The Struggles of Expatriate Laborers in Gulf Countries 

Behind the shimmering skylines, towering buildings, and cutting-edge innovations of the Gulf’s metropolises lies a harsh reality—a reality often ignored and overshadowed by the region’s wealth and progress. The very foundations of these gleaming cities are built on the backs of countless migrant workers, whose struggles and sacrifices are largely overlooked. 

The glamorous images of prosperity and modernity in Gulf nations like the United Arab Emirates, Saudi Arabia, and Qatar hide a much more serious fact. These countries are famous for their architectural icons and economic power but turn a blind eye to the fact that these magnificent cities were constructed by expatriate workers. While the Gulf nations boast about their rise as new powers in the international system, the price paid by the people is all too often obscured—a critique of development built on oppression. 

Kafala: Modern-Day Indentured Servitude 

Kafala is an employer-based system of sponsorship that regulates the hiring of foreign workers, mainly low-paid migrants from countries such as India, Pakistan, Bangladesh, and the Philippines. In this system, the workers are tied to their employer, or kafeel, who controls their legal status in the destination country. They cannot move from one job to another, seek employment elsewhere, operate a bank account, or even rent a house without the permission of their sponsor. The kafala system has been heavily criticized for enabling abuse and exploitation, such as non-payment of wages, substandard accommodations, and even physical assault. 

Numerous workers are lured with promises of decent wages and conditions that only exist on paper. Once they start working, however, they find themselves almost helpless, as the law does not protect them. The reality they encounter is often harsh: long hours of grueling work under extreme weather conditions for wages that barely suffice for survival. 

Living in crowded labor camps with minimal amenities, they endure isolation, exploitation, and a stark absence of basic rights. For workers from India, Pakistan, Bangladesh, and Sri Lanka, the kafala system is a harsh reminder of the oppressive conditions they hoped to escape. Instead of economic opportunity, they find themselves trapped in a form of modern-day indentured servitude. Families back home wait anxiously for remittances that are often delayed or insufficient due to the exploitative conditions. 

Despite assurances from Gulf governments to reform the system, it remains entrenched, with over 70% of the local population opposing legislation that would reduce the power of employers. While the system is gradually being eroded in countries like Bahrain, it remains strong in most parts of the region. 

Exploitation of Low-Skilled Workers 

Another issue is the continued exploitation of low-skilled and unskilled workers in the Gulf countries. Most migrant workers are hired in construction, domestic services, and other sectors, but they are easily exploited. Their illiteracy, lack of education, training, and bargaining power make them particularly vulnerable to poor working conditions, low wages, delayed payments, and even having their passports confiscated.

Indian workers are especially vulnerable and form the largest group of migrant workers who are harassed and exploited. One prominent case is Saudi Oger, where thousands of workers, including Indians, were laid off without wages or even food. Such cases highlight the urgent need for intervention to safeguard workers’ rights, improve their working conditions, and curb these exploitative practices. The solution lies in cooperation between governments, employers, and civil society organizations to improve labor legislation and enforcement, raise awareness, and improve the living conditions of workers. 

Recruitment Exploitation 

The use of migrant workers in Gulf Cooperation Council (GCC) countries is widespread, and recruitment practices continue to violate workers’ rights despite ongoing reforms. Employment agencies often exploit workers by charging exorbitant fees for job placements, leaving them in a cycle of indebtedness. Workers are enticed by the hope of good wages and working conditions, but when they arrive, they find that the reality is starkly different. 

Outsourced workers often endure worse conditions than promised, while the confiscation of passports limits their mobility. The kafala system leaves workers at the mercy of employers, with laws inadequately enforced to protect them. This creates fertile ground for unethical practices, particularly among workers from developing countries who are easily lured by false promises of employment opportunities. 

Legal Status and Visa Issues 

Migrants in GCC countries face a variety of legal and visa issues that contribute to their exploitation, deportation, and abuse. About 17.3 million legal migrants live in GCC countries, with many more living there illegally. In some countries, up to 80% of the population consists of foreign workers. Migrant workers are especially vulnerable to harsh working conditions, low wages, and restricted social security. 

Employers often use the threat of deportation to control labor migrants, deterring them from exercising their rights or reporting injustices. Workers also face debt bondage, where they are compelled to work to pay off recruitment costs. When trying to change jobs or seek asylum, migrant workers may face detention, deportation, or imprisonment. 

Despite international conventions like the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, GCC countries have not ratified these agreements, limiting the rights of migrant workers. While some countries in the region have attempted reforms, systemic problems remain largely unaddressed. 

The governments of India, Pakistan, Bangladesh, and Sri Lanka have taken steps to protect their workers migrating to the Gulf Cooperation Council (GCC) countries. These efforts include creating support systems like India’s Overseas Workers Welfare Board, Pakistan’s Overseas Pakistanis Foundation, Bangladesh’s Bureau of Manpower, Employment and Training, and Sri Lanka’s Bureau of Foreign Employment. These agencies provide financial assistance, legal aid, and pre-departure orientation to workers, preparing them for cultural and legal challenges in the GCC. Embassies and consulates in GCC countries also play a critical role in assisting workers in distress.

Despite these efforts, workers from these countries face challenges such as wage theft and exploitation, but economic factors drive their migration. The promise of higher wages, better job opportunities, and remittances are major motivations for these workers. They seek financial stability for their families and often view living conditions in the GCC as an improvement over those in their home countries. Additionally, some workers migrate to gain experience and skills that may advance their careers in the future.

For many expatriates, the dream of a better life becomes a nightmare. They are stripped of most of their rights and have limited opportunities for improvement. Employers can easily replace them with others willing to work for low wages, and as the Gulf economies thrive on the international stage, this progress is built on the oppression of the marginalized.