In April 2021, a young migrant worker named Caroline Aluoch requested permission to return to her home in Kenya. However, her employer denied her due to his rights under the kafala system. A few months later, Aluoch’s family received a report that she had died during her employment sponsorship. Devastated by their loss, Aluoch’s family recently spoke out about how the kafala system renders migrant laborers particularly vulnerable to human trafficking in Saudi Arabia. Here is some information about the problem as well as efforts working towards ending human trafficking in Saudi Arabia.

Foreign Labor in Saudi Arabia

Workers from low and middle-income countries often seek better wages by taking on foreign jobs. The migrant laborer population in Saudi Arabia is around 13 million people. It consists of people from South and Southeast Asia and Africa working at jobs in construction, agriculture and domestic service.

Most of these workers enter the country through legal labor channels. These workers must adhere to certain restrictions under the employment sponsorship system. This system, known as kafala, began in the 1950s to promote labor sharing in the Gulf Nations. Without reform, though, restrictions through kafala can force laborers to remain in potentially unsafe and exploitative work environments.

Problems with Kafala

The kafala sponsorship system requires foreign workers to obtain a Saudi sponsor in order to work. The sponsor, who is most often the Saudi employer, has the right to decide if and when a foreign worker can transfer jobs or leave Saudi Arabia. According to the 2020 Trafficking in Persons (TIPS) report, one of the most common complaints from exploited migrant workers in Saudi Arabia is that of non- or delayed wage payment. Under the kafala system, workers can become trapped in the unpaid situation.

When laborers face delayed and non-payments, they become more susceptible to economic coercion into other exploitative employment, such as organized begging or commercial sex. As an employment requirement, the kafala system creates a cycle of potential exploitation for foreign workers.

Saudi Government Efforts

In the past few years, officials have developed a legal infrastructure suited to dealing specifically with human trafficking in Saudi Arabia. These specialized courts and screenings intend to protect domestic and foreign trafficked victims and prevent future trafficking. Here are some of the Saudi government’s efforts so far:

• Law enforcement investigated, prosecuted and convicted human traffickers.
• Workshops and seminars instructed recruitment agencies on how to teach foreign workers about their rights.
• The new National Referral Mechanism (NRM) is giving identified trafficking victims the choice of staying in Saudi Arabia and transferring jobs or returning home.
• The Expansion of the Wage Protection System allows the government to monitor delayed or non-paid wages.

Saudi Arabia and many of its labor-sending countries agree that government oversight of labor has improved, which has benefitted domestic and foreign workers.

Reform to Kafala System

While the Kingdom has made great strides to create safeguards and systems to protect potential trafficking victims, stories like Caroline Aluoch’s demonstrate the current dangers of the kafala system. Sponsorship reform is one of the prioritized recommendations for ending human trafficking in Saudi Arabia, according to the TIPS Report.

Because the kafala system is a decades-old, multinational system, progress has been slow. As global labor organizations have pushed for reform of the sponsorship system, some Gulf Nations have altered the employee restrictions within specific countries. In 2021, Saudi Arabia enacted plans to reduce employee restrictions and protect migrant laborers.

Two big changes to the Saudi implementation of the kafala system seem extremely promising; first, laborers will be allowed to leave the Kingdom without explicit permission from their employers. Second, workers will be able to transfer jobs without their employers’ permission once an employment contract ends. These changes should protect workers like Caroline Aluoch, who wanted to return home when she deemed her work environment too dangerous. Reform to the kafala system is a crucial step towards ending human trafficking in Saudi Arabia.

– Hayley Welch
Photo: Flickr