In Bahrain, female migrant domestic workers (MDWs) face a multitude of obstacles in achieving rights and liberty. Class, race, religion and gender intersect to create barricades excluding MDWs from Bahraini society. With nearly half of Bahrain’s population made up of migrant workers, there are thousands of MDWs facing unjust working conditions.
While Bahrain has officially dismantled the kafala system (which enforces an employer to sponsor a migrant worker’s visa, only allowing them to leave their job with the approval of their employer), the system persists in Bahrain, situating MDWs in a perpetual state of vulnerability.
The legacy of the kafala system instils the legal and economic responsibility of MDWs upon their employer. This means that their employment becomes part of the private sphere, rather than public, making it very difficult for MDWs to be protected by the law, leading to extensive exploitation and abuse.
MDWs usually come from situations of poverty with little job opportunity and are enticed by attractive contracts offering high paying, secure jobs in Bahrain. Once the workers arrive in Bahrain, their passport is confiscated by their employer and they are forced to sign their employment contract in a language they do not understand. The contract is rarely the same contract advertised in their country of origin, instead it obliges the worker to pay an expensive ‘starting fee’, which they are unable to afford, making them indebted to their employer. Additionally, as the employer confiscates their passport, they are helpless in escaping the situation. In the contract they sign, they agree to their employer having legal responsibility of them, which means by law, their freedom of movement is restricted to their employer’s control, and without their passport, even if they manage to escape, they are unable to leave the country nor stay legally without a valid proof of identification and visa that proves their legal right to work and live in Bahrain.
As domestic work is not included in national labour laws, MDWs have little to no labour rights. This means MDWs do not receive national minimum wage, are not privileged in being afforded a maximum of hours worked a day nor days off. This leads to workers being forced to work up to nineteen hours a day, potentially having one day off a month, being inadequately fed and unable to leave their employer’s house. MDWs’ precarious situation forces them to constantly endure physical and sexual abuse by their employer. With little to no rights before the law, next to none of the abuse is reported, however if it is, authorities always privilege the employer, leaving the worker in an even more vulnerable position.
Racist and misogynistic discourse dehumanizes MDWs, normalizing the abuse they suffer. Domestic work is often seen as the natural duty of a woman to fulfil, making MDWs’ work not viewed as legitimate work, stripping them even further of any labour protections. Furthermore, most MDWs in Bahrain come from East Africa, South and South East Asia, this unfortunately implicates racial discrimination, which can further dehumanize them, normalizing the abuse they suffer in the abuser’s eyes.
Due to the circumstances put in place by the kafala system, they are left with minimal options. As they are not guaranteed rights, nor viewed as a worker in the public sector, prosecuting their employer is rarely an option. Domestic work takes place in the employer’s home, making abuse invisible to the public, but also regarded as a ‘private family issue’ by authorities, making successful prosecutions extremely rare. Escaping the situation is next to impossible, as without a passport they are unable to leave Bahrain, nor live a safe and secure life, as they cannot find employment without proof of ID and their work permit. Most MDWs are unable to flee, as employers withhold pay checks for months on end, as a method of control, to prevent the possibility of the worker escaping. Furthermore, if they flee, their employer will cease to be their legal sponsor, transforming the worker into an ‘illegal immigrant’, putting them into a dangerous situation with even less rights before the law, and therefore more opportunity to be exploited. Additionally, if an MDW flees, her employer can accuse her of stealing, and as the employer’s testimony is favoured over the worker’s, she will be found guilty and punished.
This leaves the worker with two choices: endure a life of exploitation and abuse or flee into a life of illegality and insecurity. As a result of the widespread inhumane abuse of domestic workers, there has been a rise in suicide amongst MDWs, confirming the extent to which this endangers the lives of working women in Bahrain.
Despite Bahrain officially abolishing the Kafala system, the system remains intact, due to little governmental enforcement in the industry. This must come to an end. MDWs must not be forced to endure physical, mental and sexual abuse, nor exploitation in their work. The system is a human rights violation, founded in gender, class and racial discrimination that must be abolished.
ِADHRB demands that Bahrain implements International Labour Conventions into Bahraini legislation to provide MDWs with protection under labour laws. Furthermore, it is imperative that authorities actively investigate and prosecute employers that exploit and abuse migrant domestic workers. MDWs deserve equality, protection and justice before Bahraini law.
The post Migrant Domestic Workers Must Be Protected by Bahraini Law appeared first on Americans for Democracy & Human Rights in Bahrain.
This post was originally published on Americans for Democracy & Human Rights in Bahrain.