This is the first of three posts that will explain the common sources of human trafficking.
Both Kuwait and Bahrain recognized that trafficking occurs in their respective countries and that its definition is not limited solely to prostitution, which is prominent in both countries but considerably more widespread in Bahrain. The Kingdom's anti-trafficking law passed in January of 2008 was the second in the Persian Gulf region (behind the UAE) and has laid a new precedent for many of the current promulgating labor reforms we see being negotiated today. However, as is the case in Kuwait, there is no legal jurisdiction under the labor law that addresses the rights of domestic workers, including individuals working as: maids, drivers, gardeners, butlers etc. Although trafficking certainly affects workers in professions beyond the home, these groups are becoming the targets of anti-trafficking advocates, because despite any advancements in respective national labor laws, these groups remain vulnerable and unprotected from traffickers operating either out of their countries of origin, or in the countries to which they have been outsourced.
A "free visa" is the cornerstone of modern-day slavery
The most common form of labor trafficking occurs when contracted workers are employed under the auspices of a fraudulent company, whose "executive" (employer) has successfully been able to illegally establish the phony company through appropriate legal channels within the country of operation, and as a result, receive approval from the host country government to obtain associated visa privileges for the requested number of workers, sometimes numbering in the hundreds. These visas
are provided to the company's employer free of charge by the host government and offer the employer an opportunity to receive money from his/her recruited workers by charging them a fee (usually around 5,000 USD in both countries) for the privilege of holding a legal visa, presenting no financial burden to the employer. For this reason, they are referred to as "free visas." The fee for the visa is automatically incurred as a debt under the worker's contract. The worker's passport, legal documents and rights to movement are collected as collateral and are not returned until the visa debt is paid. Many are surprised to learn however, that following their arrival and initial dealings with their new employer, it becomes apparent that the company does not exist, leaving them stranded without any means to work, generate income, and repay their debt. It is also impossible for them to legally register to work for a new employer, since their initial debt has not yet been repaid. The law in Kuwait does not allow a contract to be terminated if a debt is still owed, and while this law also applies in Bahrain, workers have legal precedent to change employers if they are not being paid by "rogue" firms.This tragedy equates to modern-day slavery in the purest form, and its practice has become all too common in this area of the world. Further complicating the challenges to preventing perpetrators from conducting these illegal activities is the fact that many free visas are linked to prominent business and political members of these national communities, limiting government interest, or even ability to influence their behavior.
I came across an interesting article last month from Gulf Daily News that provided details of an interview with a Bahraini citizen who was caught selling free visas over the internet to interested buyers. Despite the legal ramifications of his behavior, he also openly described the nature of the contract. As described above, the citizen explains that he does not have an actual company, just the required commercial registration with associated visas to sell. Worth reading if you are interested in an inside account to this money making scheme.
Bahrain Employment Visas for Sale
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