New Minimum Wage for Kuwait's Expat Workers Paves the Way for Domestic Worker Reforms

Despite the inaction seen in Bahrain to institute a universal minimum wage for workers outside of the public sector, progressive measures are being taken by neighboring Kuwait to implement upgrades to its newly approved labor law.

The Trade Arabia News Source released an article recently that revealed the approval of a minimum wage for expatriate workers of approximately 207 USD per month. Although the salary is relatively small, this is a major milestone across the GCC countries, and especially within Kuwait; a country that has traditionally neglected the establishment of legal safeguards to protect its foreign population from exploitation and coercion by Kuwaiti citizens.

Kuwait's new labor law was approved earlier this year, and until that time, had not been reformed in over forty years.

Although a minimum wage is certain to improve the lives of hundreds of thousands of Kuwait's foreign workers, domestic workers are currently excluded from the new labor law.

The article also focused on promulgating legislation that would enforce a new minimum wage for Kuwait's estimated 600,000 domestic workers, employed as maids, drivers, gardeners and security guards. A proposed salary of 45 Kuwaiti Dinars (approximately 154 USD) is one of several reforms that will be included in the draft domestic worker law, along with amendments to enforce working hours, payment of wages and protection from abuse.

Such legislation would vastly improve the lives of domestic workers who are often forced to work 16-hour days. If the current draft law is approved by parliament, working hours for domestic workers would be limited to eight per day, employers would no longer be allowed to withhold passports, and workers would be allowed one day off per week and time-off during national holidays.

Skeptics still question the extent to which the government would be able to enforce the new law given the high sensitivity associated with domestic issues (within private homes) and how they should be regulated by the Ministry of Social Development (responsible for regulating all other foreign workers). For example, the new law would impose fines on employers who fail to pay their domestic workers, but there are no mechanisms in place to enforce or prove that a violation has been committed. Since most sponsors do not allow their domestic workers to contact their embassies or law enforcement agents, most cases go unreported.

Bahrain's Reliance on Cheap Labor Justifies Inaction on Minimum Wage Implementation

In a rather unsurprising development that touched the English-speaking media of Bahrain, a senior representative of the Bahraini Government stated publicly that the implementation of a minimum wage for expatriate workers would directly harm the island Kingdom's economy and limit regional competitiveness. In his remarks to a human rights commission, the legal advisor for Bahrain's Ministry of Labor further commented that the implementation of a minimum wage will make businessmen reluctant to invest in Bahrain if it lacks the advantage of cheap labor.

Thankfully, a human rights activist responded by slamming the government's decision, rejecting government claims that a minimum wage would hurt the national economy, or that it was ample grounds to revoke the rights of laborers or infringe upon their human rights.

This is one, of several examples that trace back to a source of inaction by the Bahraini government to acknowledge the abuses of its migrant workers, who currently amount to over 50% of the country's overall population. A disconnect continues to prevail, wherein the Bahraini government fails to grant or even recognize fundamental rights that should be awarded to expatriate workers regardless of their nationality. It is unjust, and inhumane to recruit workers from abroad, to promise them wages, and then to either withhold or garnish those wages without any legal protections under a competent and capable government.

The average migrant worker makes under 80 Bahraini Dinars a month, a pitiful and nearly unlivable salary that forces many into dilapidated housing and enhanced exposure to disease and long-term health risks, due to limited caloric intake. Champions for this minimum wage are not even asking for more than this amount, they are just pushing for a system that will force companies to pay workers what they deserve in their contracts

This perpetual inaction certainly does not stop with the expatriate community living in Bahrain, national citizens themselves continue to fight for a legal minimum wage as well. Only recently did the government approve a minimum wage for government employees-how convenient. Cheap labor competition is the endemic response to local cries for employment for young Bahrainis seeking jobs but demanding higher salaries than their expatriate counterparts. The majority of the working class still lacks the same safeguards one would expect in a country that boasts a business friendly, economically diversified, and liberal working environment to the outside world. But it is becoming all too evident, and reaffirmed by the powers that be, that this facade can only be sustained by cheap labor. It would be more responsible of the Ministry of Labor to formulate solutions to its alleged economic precariousness, which apparently will be destabilized with the implementation of responsible and stimulating safeguards that improve the economic viability of life of the working class, rather than relying on a system that continues to subjugate, demoralize, and muster resentment for tens if not hundreds of thousands of Bahrain's residents.

This same representative also added that the Ministry of Labor had no intention of bringing Bahrain's 27,000 domestic workers under the new Labor Law, but that they would receive protection and be subjected to several rules and provisions that would ensure that their basic rights are safeguarded. HOW? It continues to baffle me how government representatives can continue to release formal statements that lack any evidentiary support. If domestic workers continue to remain outside of the jurisdiction of a labor law, there are no mechanisms in place that can shield them from: abuse, trafficking, withheld salaries or documentation, and exploitation. We need to see more tangible results or proposed ACTION following comments like these.

You have to give credit to those who can release public statements that clearly perpetuate a flawed system that is negatively impacting so many peoples' lives and lacks any attempts to correct those injustices.

Human Rights Report Paints a Bleak Picture of Migrant and Domestic Worker Rights in Kuwait

The Kuwait Times printed a front page article highlighting that advancements in the country's human rights agenda are still far from adequate following the release of a systematic report by a local "human rights watchdog." Amongst other critical issues, the Kuwait Society for Human Rights (KSHR) provided an assessment on the human rights issues Kuwait faces regarding domestic workers and expatriates vis a vis a newly reformed labor law.

The report, which showcased analyses on migrant workers, domestic workers, Kuwait's bedoon (stateless Arab) population, and freedoms in the media and within parliament, devoted a sizable portion of its findings to the violations committed against Kuwait's substantial migrant worker population.

The article reports that the KSHR revealed that efforts from within Kuwaiti society along with input from local NGO's were unsuccessful in ameliorating the Kafeela sponsorship system and that several expat labor groups, including cleaners, security guards, and power meter readers are still struggling to obtain unpaid salaries guaranteed in their employment contracts. Within the report, the KSHR notes that it has received several worker complaints against employers demanding unpaid wages that in some cases, exceeded a period of over nine months and indicate continued violations of migrant worker rights in the country.

The report further asserts that the Ministry of Social Development (responsible for regulating Kuwait's foreign labor population) has failed to implement proper mechanisms to ensure that employers are fulfilling their obligations towards their workers and to penalize violating employers to avert damage to the country's image.

Domestic worker issues were also raised. The report underscored the lack of legal protections Kuwait's estimated 600,000 domestic workers face and that the problem is only going to worsen given the country's increasing demand for housemaids. The report stated that it is the responsibility of the government to implement safeguards to preserve domestic worker rights, maintain the employers compliance to fulfill these rights, and prevent further violations and human trafficking.

With regards to Kuwait's new labor law, the report championed the Kuwaiti government's long overdue amendments to incorporate greater legal protection for expatriate workers in the country but also demonstrated concern over the absence of a minimum wage clause and the entire exclusion of domestic workers from its jurisdiction. The report urged parliamentarians to pass the Domestic Helpers Bill set to travel through the legal channels later this year and to push for more services for housemaids-like shelters for runaways.

Bahraini MP's Call for Suspension of Expat Employment Fees

To follow-up on a recent post presented in this blog last week on new methods the Bahraini Government is pursuing to address rising unemployment of its national population, the Labor Market Regulatory Authority (LMRA) has received backlash from Parliament demanding the suspension of monthly employment fees, according to the TradeNews Arabiaa New Source. To briefly elaborate, the LMRA recently instituted monthly employment fees totally 10 Bahrain Dinars (26 USD) for all expatriate employees to be paid by their employer. Some members of Parliament have encouraged a temporary suspension to this system, arguing that the "crippling fees" have led to the bankruptcy of several small and medium size business since the law's inception in July 2008, according to reports. The urgent proposal has been submitted to Bahrain's upper house (Shura Council) by a cross-section of MP's despite the objection of the Minsiter of State of Parliament and Shura Council Affairs, who commented that a suspension would negatively affect other schemes being carried out by the LMRA.

The submission of the proposal follows two separate demonstrations this month by businessmen in front of Bahrain's National Assembly, as well as their submission of a formal letter to His Royal Highness Prime Minister Prince Khalifa bin Salman Al Khalifa.

MP Sheikh Ali Slaman noted that small and medium-sized business owners have become victims of the improper implementation of the fee system, underscoring that the purpose of the fees is to make Bahraini citizens more attractive for employment in businesses that are already dominated by expatriate workers.

The temporary suspension would provide one year for the LMRA to properly reassess the law and assemble economic charts providing data outlining the specific businesses that should be obliged to pay employment fees.

Qatar: How The World's Wealthiest Nation Per Capita Relies on Migrant Worker Labor

In an attempt to further expand the scope of my research, I recently attended a few meetings and conferences in the State of Qatar to better assess the human rights and migrant labor issues that this majestic city-state currently faces. Qatar hosts the most dramatic demographic contradictions between its local population and the migrant worker community that it must outsource in order to accomdate its rapid and unparalleled Liquified Natural Gas (LNG) Indistry. With only 350,000 Qatari citizens inhabitiing a nation that boasts the highest production and export of LNG in the world, Qatar ranks number one for the world's highest GDP per capita income and embodies a rentier welfare-state in its most basic description. However, the wealth that Qataris enjoy is at the expense of hundreds of thousands of migrant workers that are brought to the country on two-year contracts to work in nearly every sector and industry that the country has consecrated, mostly because the Qataris have no interest in working in positions that are not managerial or administrative. They hold a reputation that is even more negatively slanted than their Kuwaiti counter-parts, attributed largely to the country's massive natural resource wealth that provides a backbone for lavish lifestyles that are serviced and maintained by the hands of poor, outsourced laborers.

However, it is unfair to immediately dismiss the Qataris in their efforts to regulate and protect their migrant worker population. Higher income for Qataris has trickled down the economic latter and raised income levels for migrant workers to higher salaries than anywhere else in the region, and legitimacy of private sector employment contracts is upheld and regulated by the Ministry of Interior. Unlike other parts of the region, Qatar maintains a strict turn-over of migrant workers to prevent long-term residency and the potential to reap attractive welfare benefits. As a result, sponsors are less able to withhold wages and force their employees to stay in the country longer than the 2-year period the law allows. Although issues like withheld passports, coercive employment tactics (i.e. false contracts), and rights to change employers continue to remain crucial issues for anti-trafficking and human rights advocates, Qatar has seen rapid advancements under its labor law, with many foreseeable positive developments on the horizon.

Some of these developments have already come to fruition, and include, the abolition of the Camel Jockey industry. Previous to the Qatari Government's intervention in this regionally cultural tradition, underage children or "camel jockeys" were recruited from south Asia to participate in extremely dangers recreational races for entertainment purposes. Many were seriously injured and malnourished to keep them within race-weight standards. Now, the industry has made use of electronic jockeys instead, which has allegedly stopped the flow of the children who were previously trafficked into the country and exploited.

Another major development is the incorporation of anti-trafficking statutes under the current labor law. I will underscore that there is still no anti-trafficking law (although talk of drafting one has been reported); nevertheless, statutes exist that make use of similar language and highlight relative clauses that penalize trafficking of laborers. Qataris have even been tried, convicted, and imprisoned under these statutes-something barely seen in arguably more labor-friendly countries like Bahrain.

Like its neighbors, Qatari labor law maintains a crucial fault with regard to its domestic worker population (including housemaids, drivers, cooks and gardeners) who are not offered any legal protection under the current labor law or benefits that are awarded to private sector employees. Salries, days-off and contracts are the responsibility of the sponsor and offer considerable room for ambiguity and abuse to exploitive employers. However, in response to growing criticisms from the international communities towards Qatar and other members of the Gulf Cooperation Council (GCC), new interest has developed in drafting a formal labor law that will better regulate Qatar domestic worker population.

Featured on the front page of one of the country's principle English-speaking newspapers, The Peninsula, an article described the development of a new Domestic labor law being drafted by a special panel tasked with finalizing the regulation of rights and duties of domestic workers. The panel will incorporate representatives from several government agencies and will review with other GCC countries. The draft law may finally provide privileges to domestic employees, like end-of-service benefits, annual leave, and free medical care. These and other formal arrangements would have to be included in contracts between sponsors and their employees and would require endorsement by the Labor Department to be considered legally valid. The law might also regulate the functioning of manpower agencies and their role in hiring domestic workers in the country, the Peninsula reported.

And finally, the sponsorship system. Found in all countries except for Bahrain officially, but actually found in all countries of the Gulf unofficially, Qatar's sponsorship system seems to be the most archaic and limited with regard to a worker's access to mobility. As is required in Kuwait, Oman, the UAE, and Saudi Arabia, a sponsor must provide consent for his employer to change to a different sponsor. In Qatar, the process is further complicated with the addition of a second party that must approve a change of employment as well-the Ministry of Interior, and it was brought to my attention that it is more often the Ministry of Interior that denies a worker the right to change his/her sponsor, the motivation from which derives from some very interesting sources. The Qatari government is known to grant shifts in sponsorship only when diplomatic relations between the expatriate's home-country and Qatar are strong. Political turbulence may often result in a denied petition for a valid change of employment slip. Additionally, the Ministry is known to turn down applicants that are seeking higher salaries from the new sponsor they wish to work for, or if the position could be filled by a Qatari citizen. Qatar, like Bahrain, Oman and Kuwait has embraced a new economic development model that "ization-izes" the national population and encourages locals to enter the job market. Limiting positions for expatriates is an effective way to open up the job market to locals but discourages the professional development of expatriates.

Qatar presents an intriguing case study for human trafficking and migrant worker issues in the Arabian Gulf. I intend to keep my attention partially focused on the peninsula as it embarks on a proactive course of action to improve its labor laws and the lives of its expatriate workforce. I am sure there will be some follow-up.

Labor Reforms in Bahrain Tackle Local Unemployment Crisis

According to the Arabian Business News Source, recent reforms to Bahrain's labor market have begun to drive up the cost of employing cheap and unskilled laborers, increasing competitiveness of Bahraini citizens in the job market. This has been a topic that has been discussed since the inception of this blog and has been a pressing issue for the Bahraini Government in its efforts to expand job opportunities for Bahrainis and drive down its foreign population.

In a recent interview with Reuters News Agency, the Chief Executive of Bahrain's Labor Market Regulatory Authority (LMRA) Ali Radhi revealed the cost of employing expatriate workers is rising, and although the cost increase is not significant, it presents an upward moving trend. Recent reforms have imposed monthly 26.5 USD training fees paid by the employer for each expatriate worker brought to the island Kingdom.

Another significant reform occurred last year when Bahrain became the first Arab Gulf state to eliminate the employment sponsorship system, which LMRA officials hoped would allow workers to change sponsors without consent and encourage them to freely negotiate higher salaries with employers, making them less attractive for hire in comparison to their Bahraini counter-parts.

LMRA data shows that there has been an increasing trend in workers who have decided to change their sponsors under this new system, and that the gap in wages between locals and foreigners has decreased by 15 percent in some sectors, like construction. Radh noted that the effects of these reforms will be more significant once the current contracts of outsourced laborers expire and employers can choose between hiring locals instead of foreigners for the first time.

The next phase of labor reforms will be the implementation of an adaptable cap on foreign employment in certain sectors that will be determined by economic growth and industrial output. The employment ceilings have not been released to the public yet, but are awaiting approval by the board of the LMRA and reflect recent data collected from various industrial sectors.

Many Arab Gulf states are looking to Bahrain's economic transformation policies with envy, as they also attempt to address similar struggles of incorporating young people into the job market. Countries like Saudi Arabia and the United Arab Emirates have embraced bottom-down reforms that have forced companies to hire locals (and sack foreigners) in the recent economic downturn.

Bahrain is also working to tackle illegal employment of foreign workers, often perpetuated by local employers who recruit them to Bahrain but allow them to pursue other employment opportunities in exchange for a portion of their salaries, which throws them into financial and legal uncertainty, as well as, a higher likelihood of trafficking.

Skyscrapers Built Overnight in Bahrain

It appears that pioneering initiatives led by the Bahraini Government to protect its private sector workforce, including the implementation of new working hour regulations and promoting the responsible safeguards that one would expect to see in a country that boasts a "Business Friendly" mantra have had limited effect. This video shot by me near Bahrain's Exhibition Road demonstrates that the national capital Manama is truly a city that never sleeps.

And how can it, when construction workers are forced to work late into the evening in order to finish a project in record time?

It is certainly easier to understand how skyscrapers are literally "built overnight" by the labor of exploited workers.

Bahrain's New Private Sector Labor Law Falls Short of Expectations

After months of filibustering and internal negotiations over anticipated amendments to Bahrain's private sector labor, Bahrain's Upper House, the Shura Council finally reached an agreement approving a new private sector law that will award compensation to employees if their job contracts are terminated. The key article that allows sacked employees compensation from their employers was reinstated last week after previously being rejected by the Council, stating that it was a legal loophole that allotted too much financial responsibility to the employer. Now, employers will be held accountable for compensation packages of their sacked employees if the company completely or even partially fails, or enters a period of limited activity or production.

However, employees under open contracts are only able to demand three months of their salary, or the remaining salaries owed to them in timed contracts as compensation.

Many believe that this arrangement is "catastrophic," unfair and offers insufficient coverage to employees on open contracts, many of whom are the most vulnerable and would benefit most from legal safeguards to protect and award them for untimely termination.

The new law also remitted a previously rejected article offering widows compensation for days of mourning prescribed under Islamic Law. When the article was originally rejected a few weeks ago, the Shura Councilors agreed that the financial cost for the employer would be huge. Negotiations over the required 4 months and 10 days required in Islamic Shari'a Law revealed some disagreements amongst Council members who demanded the time be shortened to just 1 month. In the end, lobbyers in favor of religious tradition prevailed and the amendment was finalized.

The approved law will now be referred to Parliament before it is fully implemented.

Source: TradeNews Arabia

Kuwait's New Labor Law Now Active

Kuwait's new labor law became official on February 21 following its publication in the government-owned Kuwait Gazette Al Kuwait Al Youm, demonstrating a significant step forward to protect expatriate workers in the private sector, and paving the way for new legislation to address the rights of domestic workers.

The new law includes updated provisions that address issues of salaries, working hours, public holidays, paid leave, sick leave and suitable end of service payments, was approved by the National Assembly in 2009 and approved by His Highness Sheikh Sabah Al-Ahmad Al-Jaber Al-Sabah, the Amir of Kuwait for endorsement.

Many remain skeptical as to how these new provisions will profoundly impact or improve condtions in the private sector and question whether the new law will actually be implemented. According to an anonymous journalist interviewed by the Kuwait Times, employers can still easily devise schemes to puncture loopholes in the new law and avoid paying indemnities or other forms of remuneration payable to workers. For example, an employer can transfer workers to a different division within the company or simply fire them and find new workers to avoid paying salaries.

For detailed coverage of the new labor law, click here to be taken to the Arab Times Online.

Kuwait's Minister of Social Development Reveals Domestic Worker Law Will be Issued in May 2010

It appears that new legislation to protect Kuwait's 600,000 domestic workers is now in the works following last month's official publication of an updated labor law for expatriate workers in the private sector, following months of parliamentary discussions and deliberations. Kuwait's Minister of Social Development, Mohammad al-Afassi revealed that his ministry (officially responsible for the legal rights of domestic workers) would be issuing a new law as early as this coming May. A new interest in passing legislation that addresses Kuwait's domestic labor force, affecting housemaids, drivers and landscapers follows international pressures, NGO lobbying, and heightened criticism over grievances that were not addressed in the new private sector labor law. Up until February of 2010, Kuwait's labor law had not been updated in over 45 years.

The Kuwait Times profiled several interviews with domestic housemaids, asking them what they believed would be the most important clauses the new labor law should include. One worker insisted that matters dealing with domestic workers should be addressed by civilian authorities, and not the "scary and unfriendly" uniformed representatives of the Ministry of Interior. Two other housemaids highlighted the need for one day off during the workweek. They stated that they had been working for their current employers for 5 years and were only allowed one day off a year under their current arrangement! An extension of this request is the establishment of a work-day and legal working hours.

The vulnerability of domestic workers and the lack of freedom they awarded under the current laws has been exposed recently with heightened statistics on suicide rates in the country. There is currently no option for employees to switch employers without consent and low or even non-existent wages in exchange for their work make it impossible for most to repay the debts they owe for their work visas.

Meanwhile, one Kuwaiti official has suggested reducing the number of domestic workers who are allowed to enter Kuwait and shortening the current validity periods of worker visas to shift current demographic ratios and potentially prevent human trafficking.

Sources of Human Trafficking: Free Visas Perpetuate Modern-Day Slavery

There are three predominant sources of human trafficking in Kuwait according to local experts. These three sources are also commonplace across the Persian Gulf region and result from a pervasive lack in adequate legal mechanisms or appropriate safeguards to protect contracted and domestic workers, most often after they have arrived in the region, and in some cases, before they leave their home countries.

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

Kuwait's New Labor Law Neglects 1/3 of its Population

I recently returned from a short research trip to Kuwait last week, where I met with an expert and active advocate on migrant labor rights and Kuwait’s new labor law, which was officially passed at the end of 2009, marking a new, significant, and uncomfortably overdue step forward taken by the Kuwaiti Government. Shockingly, no reforms were made to the country’s previous archaic and historic labor law in over 45 years.

The most significant difference seen in Kuwait’s labor law when compared to Bahrain’s recent labor reforms stems from a fundamental division of expatriate worker groups and their associated legal entitlements. To elaborate, different laws are applicable to Kuwaitis, all expatriates excluding domestic workers and (as a result) domestic workers. Previously, the country’s racially discriminate labor law tended to only favor Kuwaiti employers/sponsors and neglected the rights of the majority of Kuwait’s workforce outsourced from abroad.

The amended labor law of 2009 now offers several new achievements for Kuwaiti citizens and expatriate workers living in Kuwait, granting (amongst other things) more public holidays, paid annual leave, and an increase in termination notification timelines regardless of nationality. Despite these highly anticipated gains, housemaids and domestic drivers are absent from this law’s jurisdiction, and even today, despite encouragement from local enthusiasts and an indication that such a law is forthcoming, there is still no legislation that addresses the rights of these domestic workers in private homes. Kuwait’s new labor law has laid the groundwork for an anticipated law who’s jurisdiction will fall under the Ministry of Interior, given the sensitivity of addressing legal disputes that emerge in the privacy of the homes of Kuwaiti citizens, and many are hopeful that this law will be presented in Parliament within the next six months, hopefully ending the perpetual cycles of abuse and illegal withholding of wages and documentation that leave a total of 800,000 housemaids vulnerable to coercion. I will underscore that there are 800,000 maids working in Kuwait within a total population that is just under three million.

Kuwait is one of several countries that I will be visiting within the region as I incorporate comparative analysis research into my overall project on migrant labor across the peninsula. Kuwait, in comparison with Bahrain is lagging severely in responsibly accommodating its expatriate population, which currently amounts to over 65% of the country’s total population. A renewed focus on its previously dormant labor law demonstrates the Kuwaiti Government’s interest in reform; however, 45 years of neglect indicate that continued reform will be an arduous process that will require expanded legislation to better address vulnerable contracted and domestic workers that are excluded from current jurisdiction, a legal mechanism to confront perpetrators of human trafficking, and the abolishment of Kuwait’s sponsorship system.

An expanded explanation of the sources of Kuwait’s human trafficking problem and ways the government is responding to follow.

Is Bahrain's New Labor Law Actually a Step Backward?

As I delve deeper and deeper into my research here in Bahrain, I have to admit that i am amazed how every day I come across a new paradigm that uniquely influences promulgating labor legislation currently floating between parliament and the Shura Council (upper house).

Most recently, the Shura Council blocked another article of a proposed new labor law that would provide improved conditions for workers in Bahrain's private sector and increase leave earnings. However, the basis for this particular kick-back speaks to the larger issue of Bahrain's indiscriminate private sector and the fact that expatriate workers would be entitled to these new provisions along with national citizens. Most would champion this nuanced obstacle seen in most countries throughout the Gulf. However, it is becoming clear that non-discrimination is actually stalling necessary moves forward that could drastically improve the lives of Bahrainis in the workforce.

Originally, MP's in Parliament believed that this new law would also pave the way for the establishment of a national minimum wage for Bahrainis; a cause that was abandoned after realizing that this standard would also have to apply to expats. And earlier this year, the Shura Council rejected other articles to the labor law that would increase time off for working mothers, and require employers to pay their own fees if they were taken to court for malice.

So the question of whether this legal distinction absent with regard to Bahrain's private sector is an example of progress or indifference remains as parliament faces renewed deadlock. One could argue that more successful approaches to labor legislation would be to specifically treat Bahraini citizens and expatriate workers as separate groups under the law, raising the risk however that expatriates would remain vulnerable and be offered limited support and protection.

Bahrain is unique in a region where social welfare provides ample income to citizens of Gulf countries like Kuwait and Qatar and where labor law does not pertain equally to citizens and expatriates. Bahrainis maintain a strong presence in the private sector workforce and are no longer predisposed to different provisions under Bahrain's new labor law, which officially ended the sponsorship system in 2009.

Embassy of Bangladesh Hosts Review of New Labor Laws

Gulf Daily News » Local News » Expat labour issues are reviewed

Interesting article this week from the Gulf Daily News that shows how the Bangladeshi Embassy is trying to educate its citizens on the new labor laws that have been implemented in Bahrain in recent months. Several accounts from migrant laborers present in this article elaborate further on the common forms of mistreatment and coercive recruitment that Bangladeshis face, providing better insight to the reader on how to better foresee risks for human trafficking at its source. In an effort to pass on updated information on Bahrain's promulgating labor law and procedures and guidelines of the Labor Market Regulatory Authority, the Embassy of Bangladesh hosted one of a series of planned open houses for its citizens in Bahrain's capital.

Common complaints from these laborers were the following:
-Withheld salaries as a way to prevent the worker from changing employers or simply because the employer chooses not to pay;
-Cancelled visas that often leave the workers stranded and in debt; and
-Inaccurate job placement information from recruitment agencies in Bangladesh.

The population of Bangladeshi workers living in Bahrain has diminished considerably nearly two years after Bahraini demands to terminate the issue of work visas to Bangladeshis, following two murders of Bahraini citizens at the hands of Bangladeshi migrant workers.