The Enslaved Dreamers: Domestic Migrant Workers in the Middle East
On January 9th, 2013 a young Sri Lankan maid named Rizana Nafeek was beheaded in Saudi Arabia for the alleged murder of her employers’ infant son. There are several key details in this recent news headline which make it particularly shocking. First, at the time of the murder in 2005, Nafeek was only 17 years old, well below the legal age (21) to be working abroad. She had been recruited from her impoverished village in Sri Lanka by an agent who falsified her passport in order for her to immigrate to Saudi Arabia, which had been described to her as an idyllic work place, full of potential for financial support of her family. The reality she faced was gravely different. Forced to care for an infant who was less than six months old with no childcare experience, a tragedy occurred and the infant died under Nafeek’s care. She claimed that the infant choked on milk from its bottle, but her employers claimed that she had strangled the baby following an argument with its mother. Interestingly, no autopsy report was ever discussed or released, and Nafeek’s access to a fair legal process was limited at best. This is just one of many instances of migrant domestic worker abuse in the Middle East, a horrifying but often unrecognized reality which essentially amounts to a form of modern day slavery.
Currently, two million Sri Lankan maids are working abroad, and about one third of these women are employed in Saudi Arabia. This means that over 600,000 Sri Lankan women alone exist as migrant domestic workers, vulnerable to abuse, in Saudi Arabia. The single most important factor in the domestic worker situation is the lack of a potential escape. Under the current system called kafala, a migrant worker is sponsored by her employer, called a kafeel. Though this system is rooted in hospitality, the current reality results in employers having the power to take the worker’s passport and other documentation upon her arrival, making it very difficult— if not impossible—for her to leave. This control takes away a worker’s free will, putting her at the mercy of her employer’s will—an unacceptable position for any human.
Now, the obvious question: What is being done? One example that Saudi Arabia might cite is a center in the city Riyadh run by the Ministry of Social Affairs. This center assists workers who need documentation to leave the country or have a wage dispute with their employer. Unfortunately, it is extremely overcrowded and many individuals have to wait extended periods of time to hear news on their cases. If workers wish to report an attack to the police they face another set of challenges. For example, if a woman wishes to report a rape at the hands of her employer (sexual abuse is often cited as a common form of mistreatment), she must meet an evidence requirement under Sharia law. If this burden of proof cannot be met, she can be prosecuted for immoral conduct or adultery and even face the death penalty. Overall, the current system, in which seeking help can often result in harm to the worker, does not facilitate an effective or appealing approach to the current problem. As a Saudi embassy official explained, “There is no standard, we can’t tell you this is the procedure for women out of Riyadh, because each is a unique case, there is a different solution each time because there is no procedure.” Ultimately, significant reforms will be necessary to remold the Middle Eastern migrant domestic worker system into a respectable institution. Of course, no institution is free of abuse, but the critical element of an effective system is having a framework in place to handle cases of abuse appropriately and systematically.
There are several courses of action currently being advocated by human rights groups and pursued by governments involved in the domestic migrant worker industry. First, amending the Saudi Arabian labor law to offer protections such as one day off per week, regulated working hours, and a labor court to domestic workers who are currently excluded from the law. Second, eliminating the kafala system and replacing it with several large recruitment agencies. This change is one of the few reforms suggested by the Saudi government, itself, and it offers a promising improvement. Still, as the Human Rights Watch points out, it would require, “regular and independent monitoring of labor agencies and recruitment practices, including through unannounced inspections.” Overall, the plight of migrant domestic workers in the Middle East, especially Saudi Arabia, has been tragically overlooked. Now, it’s time to recognize this abuse for what it really is—slavery– and to take action.