What is the Kafala System? Loosely translated as ‘sponsorship’, kafala is a model for the regulation of migrant workers used throughout the Gulf Cooperation Council and in Lebanon. The system is rooted in Islamic jurisprudence and saw broad expansion in the mid20th century as low-populated Gulf nations sought to attract new workers for large infrastructure projects, often related to the oil industry. It has produced seismic changes in demographic throughout the region, with the native populations of all Gulf nations except Saudi Arabia now outnumbered by migrants who predominantly immigrate from South Asia and Africa. The kafala system requires migrants to be bound to a kafeel, or sponsor, before they may enter the host country. The kafeel has full control over the worker’s immigration status, as well as contract terms, which in turn allows them to hold power over their wages and accommodation provided they do not violate state law. Sponsored migrants must acquire exit permits from the kafeel in order to leave the country, as well as non-objection certificates (NOCs) to switch jobs. It is a common practice among sponsors to illegally confiscate workers’ passports and travel documents, further cementing control over their mobility. The extreme sponsor-worker power imbalance of the kafala system has led to numerous documented instances of abuse and entrapment of migrants within their jobs, which the International Trade Union Confederation designated a form of modern slavery. Numerous critics have called for the kafala system’s abolition, pointing out that no host country has ratified the worker protections within the International Labour Organisation’s Domestic Workers Convention, and what worker protections do exist in law often go unenforced. 36 LAWYERMONTHLYDECEMBER 2022 What Effect Has Kafala Had on Qatar? Oil-wealthy and underpopulated, Qatar has attracted a great many migrant workers since the kafala system was introduced in the 1960s – so many that 77% of its population of 2.5 million is thought to be comprised of migrants. These migrants are predominantly employed in wholesale and retail trade, domestic services and especially construction, which has formed a necessary part of the country’s preparations to host the 2022 World Cup. Qatar’s lack of pre-existing infrastructure for the event necessitated the completion of multiple complex and large-scale construction projects, beginning with the creation of seven new stadiums and the rehabilitation of an eighth. A wide range of supporting infrastructure including hotels, residential buildings and an expanded airport was also deemed necessary for housing over one million visitors, leading to the Qatari government’s accelerated construction of the city of Lusail and its accompanying subway system for an estimated total cost of over $200 billion. It is a common practice among sponsors to illegally confiscate workers’ passports and travel documents, further cementing control over their mobility.
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