Abolishing Kafala must be a priority in Lebanon's elections

With all of Lebanon's atrocities under a corrupt political regime, migrant domestic workers tied to the Kafala system ('sponsorship' in Arabic) are some of the most affected. Migrant workers in Lebanon are captured by the Kafala employment system, which is effectively modern-day slavery serving racial capitalism.  

Almost three-quarters of victims of modern-day slavery are women and girls. Even though there are migrant workers that are men, the overwhelming majority of migrant domestic workers in Lebanon are women, including minors.  

Lebanese society should be deeply concerned about this in its fight for women's liberation. 

I am an activist with Domestic Workers Unite, a campaign run by a coalition of former migrant workers and activists demanding the protection of migrant domestic workers, an end to labour exploitation and abuse, and ultimately the complete abolition of the Kafala system in Lebanon.

"The Kafala system relies on the recruitment and exploitation of non-native workers who are subjected to slavery conditions as they work in the households of the Lebanese middle and upper classes"

Our goal is to empower domestic workers, inform them of their rights, provide a safe space, and support their access to justice. Our work combines campaigning and advocating on global platforms to raise awareness among the international community, the Lebanese population and the affected communities. 

An employment framework used in multiple countries in south west Asia, Kafala is a hostile immigration system that ties the legal status of workers, mainly from Africa and Asia, to their employer. Article 7 of the Lebanese Labour Law excludes migrant domestic workers, denying them rights and protections that other workers are granted. Official figures suggest there are approximately 250,000 registered domestic workers in Lebanon; however, this is a conservative estimate and does not include undocumented workers.  

The Kafala system relies on the recruitment and exploitation of non-native workers who are subjected to slavery conditions as they work in the households of the Lebanese middle and upper classes. Discrimination against these workers is often based on their nationality and skin colour. Employers, authorities and agents are complicit in breaching human rights daily as there are no labour laws in place to protect the most basic rights of migrant domestic workers.  

1/4 TW: explicit sexual abuse. Ronald Khoury raped 'Nana'. He threatened to imprison her on a false accusation of theft and said he was afraid of no one. She recorded him.
Full story: https://t.co/H899syzNKm pic.twitter.com/g46bglsLcT

— This Is Lebanon (@ThisIsLebanonLB) May 13, 2022

Treated as a commodity, domestic workers have their passports confiscated by employers, they work endless hours, are underpaid and often have their wages withheld. Trapped in employers' homes, they also endure racism, mental, physical and sexual abuse and even torture. On average, two domestic workers are killed every week in Lebanon, according to the Directorate of General Security in 2017.

The ongoing socio-economic crisis in Lebanon has left many migrant domestic workers in an even more precarious position. Many migrants are unpaid, some are being dumped on the streets by employers, and others take significant risks to flee the inhumane conditions they are kept in. These migrant workers are at risk of homelessness or being detained and placed in overcrowded inadequate detention facilities. Here they are left vulnerable to further exploitation, including sex trafficking or possibly being sold on to other employers.  

Due to economic unstable conditions in the home countries of most migrant workers, many were left with no choice but to go and seek work elsewhere in places like Lebanon. Along with Oman, Lebanon remains the only country in South West Asia without labour laws governing or protecting domestic workers.

In the upcoming 15 May elections, the rights of migrant domestic workers, their inclusion in the labour law and the recognition of domestic work as work have been left out of political discourse. Even opposition party manifestos do not tackle the issue of migrant workers' rights.

Despite the Kafala system violating several international human rights laws and covenants, the Lebanese government has so far continued to turn a blind eye to the exploitation of Kafala workers, instead soothing its guilty conscience around human rights violations with the $100 million in annual profits of dirty money the Kafala system generates.  

Some migrant domestic workers remain in Lebanon, continuing to organise among the community, while others have returned to their own countries to organise and unfortunately, some women may fall victim to human trafficking again. The fights for workers' rights and, in particular, women's rights are fought on many fronts.

Despite being thwarted by authorities and systemic racism, migrant led community organisations like Egna Legna Besidet, MCC (Migrant Community Centre), Nehna Hon and activists from the likes of ARM (Anti-Racism Movement), GO (The Great Oven) CLDH (The Lebanese Centre for Human Rights), and Haven for Artists  continue to organise and advocate for migrant rights.

"Ultimately, any goal of any attempts to improve labour laws in Lebanon must firstly abolish Kafala, recognise domestic work as work and the full inclusion of migrant workers in labour law"

Most recently Egna Legna has been running an eight-day campaign in the lead up to the elections raising awareness of life under the Kafala system using their personal experiences to highlight modern-day slavery.  

Lebanon has an opportunity to rebuild itself as an attractive flourishing place for migrant workers. However, the Lebanese government falls short in providing any introductory provisions, electricity, water, healthcare, education, housing, or any social services to the entire population made up of Lebanese nationals, displaced peoples and migrant workers.

For now, the country continues to turn a blind eye to modern-day slavery and refuses to acknowledge the enormous systemic racism issue. Reforms to the Kafala system will not work, modern-day slavery cannot be reformed. Ultimately, any goal of any attempts to improve labour laws in Lebanon must firstly abolish Kafala, recognise domestic work as work and the full inclusion of migrant workers in labour law.

This must include removing ties between the employer and worker, giving the worker freedom to effectively end their employment and seek further employment opportunities. The absolute abolishment of Kafala will allow room for rights-based legislation within the Labour Law, reducing exploitation and vulnerabilities of the current system.  

The Lebanese working class has more in common with migrant workers than the political elite, who continue to corrupt and destroy this country. Real change can come through unification with migrant-led groups rooted in the organising, protests, and strikes of global liberation movements.

The evolution of a society can be measured by the place that it gives to the rights of the most marginalised. Until then, the struggle continues.  

Nia Evans works with Domestic Workers Unite in Lebanon. Their name has been changed to protect their identity. 

Have questions or comments? Email us at: editorial-english@alaraby.co.uk. 

Opinions expressed in this article remain those of the author and do not necessarily represent those of The New Arab, its editorial board or staff.