Introduction
In 2019, Saudi Arabia experienced unprecedented worldwide condemnation for its human rights situation, particularly its harshness and mistreatment of domestic workers, the majority of whom are foreigners. In the midst of the criticism, Saudi officials announced unprecedented changes for Saudi labor laws that, if completely implemented, would constitute a big step forward, including the first time migrant domestic workers will be able to enjoy safe and conducive workplace environment with good pay, justice, favorable working condition, and rights to associate and organize into unions and trade movements without the consent of a their employers.[1] However, prejudice persists in other sectors, and domestic workers’ rights advocates continue to be jailed, prosecuted, or suppressed as a result of their work. This study focuses on the Saudi Arabia’s policy analysis and human rights abuses against domestic workers, the prejudice they encounter, the system’s growth over time, and the system’s actions through time. This paper takes the stance that despite the numerous criticisms that Saudi Arabia has faced over its policy on human rights violation targeting domestic workers, the real issues on the ground seem to be far from what is portrayed on both mainstream and social media. The government of Saudi Arabia has initiated various positive steps through the years and initiated policies that have yielded positive progress in terms of protection of the human rights of domestic workers within its jurisdiction over the years. Since the inception of these policies, Saudi Arabia has managed to achieve numerous milestones through the number of steps it has taken to ensure that every report and claim on violation of human rights of domestic workers is investigated and necessary measures taken to prevent further occurrence of such incidences.
The System the Saudi Arabia’s Policy Analysis and Human Rights Violations to the Domestic Workers
Saudi Arabia’s legal system is Sharia (Islamic law). The country lacks formal penal code, though it has enacted legislation and rules that make some overarching crimes punishable by law. Nevertheless, in the lack of a documented criminal code or precisely defined laws, prosecutors and judges may sentence persons on a wide variety of crimes through broad, catch-all accusations like “breaking loyalty with the monarch” or “attempting to tarnish the character of the kingdom.” Inmates, including minors, are often subjected to systematic abuses of their constitutional protections and procedural fairness rights, particularly arbitrary detention.[2] Many migrant workers work in Saudi Arabia are domestic workers, despite government’s attempts to expropriate the workforce, tax their dependents, and vastly increase their exclusion from several occupational categories.
Some migrant domestic laborers are subjected to abuses and mistreatment, which may occasionally constitute forced labor. The domestic workers get their employment opportunities in Saudi Arabia through a visa sponsorship plan under the kafala Islamic rules. This rule connects migrant workers’ residence permits to “financially supporting” companies, whose written approval is necessary under ordinary situations for employees to switch jobs or move out of the country. Occasionally, employers seize migrant domestic workers’ passports, suspend their salaries, and compel them to labor against their wishes.[3] The kafala rule of Saudi Arabia labor relations also require migrant employees to acquire authorization from their workplace before leaving the country. Employees who quit their employers without their permission may be prosecuted with “reoffending” and suffer jail and expulsion.
Saudi Arabia lack an asylum system through which anyone fearing oppression in may seek refuge because it is not a signatory to the 1951 Refugee Convention. As a result, domestic workers are vulnerable to possible deportation or harm. Migrant domestic workers, mostly women, were subjected to a variety of abuses such as excessive workload, forced detention, non – payment of salaries, lack of food, and mental, bodily, and sexual assault, for which they never got recourse.[4] There have been claims that certain migrant workers were engaged on terms with which they had not consented and encountered issues such as salary delays, employer transfers, or changing employment terms and work schedule. Migrant domestic workers, were vulnerable to abuse, enslavement, and work environment that violated labor laws, such as lack of payment of wages, longer working hours past the prescribed eight-hour work shift without proper compensation, and limitations on major adaptation to passport seizure of property. Bodily, verbal, emotional, and sexual abuse were also reported.
According to complaints, some migrant domestic workers could not exercise their right to leave harmful conditions. Some companies physically blocked their domestic workers from leaving and went ahead to threaten them with salary denial and garnishment if they did. Employment agencies that have control over the human rights of immigrant domestics workers in Saudi Arabia often retained their passports, yet it is illegal under labor law.[5] In certain contractual disputes, sponsors requested that the employee be barred from leaving Saudi Arabia until the issue was resolved in order to pressure the domestic worker into taking an unfavorable compromise or face deportation if no deal was struck.
Domestic workers faced difficulties in gaining access to their diplomatic missions, including limitations on their freedom of association, assembly, and movement. They were also denied access to telecommunication services and their travel documents confiscated. A few domestic employees that were lucky to escape sought refuge in their embassies to avoid sexual and physical assault by their employers. These domestic workers often sought legal counsel from their diplomatic mission offices in order to acquire end-of-service compensation and departure visas.[6] Some domestic workers also contacted the General Secretariat of a multi-agency team, NSHR, and the HRC to find refuge from their violence and abusive bosses. Others contacted the Welfare Department responsible for the wellbeing of Migrant Workers for protection of their rights and safety from mistreatment and abuse. Some lucky domestic workers were allowed to file an appeal at the national Board of Grievances against decisions made regional governors chambers against their complaints.
Domestic Workers in Saudi Arabia Face Discrimination
Saudi Arabia initiated a campaign to imprison immigrants who were discovered in breach of current labor, work or residential permits, or border security regulations as from 2017. Among the violations that the reformed law targeted are individuals without legitimate residency or valid permits to work in Saudi Arabia, or domestic workers currently employed by employers not authorized by their legitimate sponsor.[7] As of September 2019, over 3.8 million domestic workers had been put behind the bars for breaches of residence laws and alongside another 595,000 that had been accused of violating labor laws. Over 962,000 people have been recommended for deportation as a result of the initiative. According to the International Organization for Migration (IOM), over 260,000 Ethiopians out of the 500,000 that were estimated to be in Saudi Arabia had been deported during the enforcement of these legislation.
In June 2019, Nigeria’s authorities received distress calls and proof that its citizens working as domestic workers in Saudi Arabia were exposed to brutal working conditions, underpaid pay and other benefits, 18-hour long shifts, and dangerous responsibilities. At the commencement of the COVID-19 outbreak in March, Saudi Arabia renewed foreign employees’ residence licenses free of charge, and release of 250 foreign inmates detained for non-violent offenses relating to their violation of immigration rules and residency regulations.[8] Nevertheless, the nearly 10 million domestic workers in Saudi Arabia are still subject to the kafala (sponsorship) scheme. During the COVID-19 pandemic, this circumstance, together with poor living conditions, inadequate legal safeguards, and restricted access to preventative health care, made migrant domestic workers especially more susceptible and at greater danger from COVID-19.
Thousands of domestic workers, have been unjustly held in inhumane circumstances at least five prison camps around the country since March. Inmates’ domestic workers said they lacked enough food, water, healthcare, cleanliness, and clothing. Prisoners were unable to leave their cells because they were highly congested. Expectant and lactating domestic workers’ unique requirements were not met. Newborns, infants, and teens were held in the same deplorable circumstances as adults.[9] Whereas establishing the magnitude of fatalities in prison and correlating all such reports was impossible, detainees interrogated indicated they had come across corpses of convicts. Three ladies said that they had interaction with a female inmate whose child died in custody. Eight inmates indicated they had been beaten or witnessed guards beating inmates, and electrocute them as a form of punishment.
The Evolution of the Saudi Domestic Workers’ System Over Time
Saudi Arabian government issued major modifications to three laws in 2020 that would begin to undermine the country’s restrictive male guardianship regime. Furthermore, the revisions to the legislation on travel documents allows domestic workers access to their travel documents without the permission or consent of their sponsors and current employers.[10] The reforms also brought significant advancement such as new safeguard against workplace discrimination based on gender, disability, or age. This significant advancement prohibits private firms from require prospective female workers to acquire permission to work from their male guardian. The European Parliament approved a measure in February demanding that Saudi Arabia free domestic workers rights activists and other dissidents unconditionally or face an EU-wide ban on the trade on monitoring systems. The sanctions imposed on Saudi Arabia in response to their alleged human rights violations has resulted into major legislative reforms that has seen improvement in how domestic workers are handled. lately, cases of domestic workers facing mistreatment and cruelty of any form of violence has decreased by a significant percentage.
The European Union issued comments demanding accountability for Jamal Khashoggi’s murder, and also officially advocated for the release of domestic workers under detention for violating residency, immigration, and labor laws. In March, Iceland presented a statement on Saudi human rights violations targeting domestic workers, calling on Saudi Arabia to discharge human rights activists under detention. A further statement issued by international organizations highlighted the serious human rights violations in the country that was perpetuated by impunity and disregard to the rights of domestic workers.
In July, UN Secretary-General Antonio Guterres issued his annual “list of disgrace” for abuses against human rights, calling upon Saudi Arabia to review its legislations and policies on domestic workers rights and obligations. Earlier in 2014, Saudi Arabia had instructed its relevant agencies to establish an integrated system to ease domestic worker recruiting and to standardize contractual ties. The solution was also meant to reduce recruiting costs and manage personnel shortages caused by source nation deployment prohibitions.[11] While the system was responding to earlier claims and allegations of violation of the rights and freedoms of domestic workers, it failed to avoid fully exploitative behaviors by intermediaries, agents, and other players that both employees and employers experience before reaching licensed agencies. Many domestic workers were denied access to the system, and source nation authorities had little control over the platform’s operations. After extensive complaints of worker mistreatment, a few nations who previously permitted their nationals to move to the Kingdom for labor restricted their citizens from looking for employment in Saudi Arabia.
The government proceeded to deploy the Wage Protection System (WPS), enabling government agencies to pay immigrant domestic workers their salaries through bank transfers, enabling the ministry to monitor whether domestic workers get paid correctly. Relevant government agencies began implementing phase 16 of the WPS in August 2014 that requires all businesses with at least five workers to conform to W PS requirements. On the first instance, the ministry punished firms and barred them from using public services if they postponed employee paychecks for more than 60 days.[12] In December, the ministry claimed that 200,000 businesses had already implemented the WPS program and exuded confidence that all private-sector enterprises will be compelled to use the WPS by the end of the year
Saudi Arabia also launched the Labor Reform Initiative which would enable domestic workers to change employers at the end of an employment term without the agreement of the original employer. Workers will also be allowed to get exit-reentry visas and leave the country without the agreement of their employers under the legislation. Undocumented laborers will also get protection of these reforms in labor laws, thus shielding them from the vulnerability of forced labor, low salaries, and possible deportation in case they violate residency and labor laws.[13]
Steps the Government Has Taken Over the Years
There are around 4 million migrant domestic workers in Saudi Arabia, which is comparable to one-sixth of the population. A sponsorship system – the kafala system – provides the foundation for these millions of employees to join; a system that has subjected the non-citizen domestic workers to racial and gender-based violence and discrimination in access to education, housing, water healthcare, social security, and sanitation.[14] Recent system changes have resulted in some advancements, but concurrent measures aiming at lowering the number of unauthorized migrants has exacerbated the situation. To instill discipline, integrity, trust, and sanity in the domestic labor force sector, Saudi Arabia has embarked on a process of ensuring strict conformity with its reforms in the labor market. As a result, unauthorized migrant domestic worker who had, for the most part, entered the country legally under the kefala system being apprehended and deported to avert cases of violation of residency and labor laws.[15] By mid-2014, up to 427,000 unauthorized domestic workers had been deported, triggering a surge of discontent, with reports of violent assaults on migrant domestic workers by police and locals.
In October 2015, 38 revisions to the Labor Law entered into force, promising a sign of hope to the domestic workers with immediate prohibition of the practice of companies taking migrant domestic workers’ passports, greater powers to combat nonpayment of wages, underpayment, too much work overload, working for longer hours, mistreatment, and other forms of violence meted on domestic workers.[16] The reforms in labor laws also increased responsibilities for businesses to supply workers with copies of contractual agreements. Notwithstanding these labor laws revisions, many migrant domestic workers still fear reprisal from their employers, incarceration or possible deportation. Besides, domestic workers still face significant challenges in receiving information about the human rights and liberties they ostensibly do have. More reform is desperately needed.
Although Saudi Arabia has not signed the International Covenant on Economic, Social, and Cultural Rights (“CESCR”) and the International Covenant on Civil and Political Rights (“ICCPR”) (“CCPR”), it is making effort to ensure that its noble reforms in labor laws bear fruits, especially in restoring confidence in the domestic labor force sector. Similarly, Saudi Arabia has neither adopted the ILO Convention No. 87 that provides guidelines on the freedom extended to domestic workers to freely associate and enjoy security when organizing for protests nor the the ILO Convention No. 98 that gives domestic workers the right to organize for protests and engage in collective bargaining (1948).[17]
However, the country is committed to complying with the universal declaration of rights entitled to all human beings and acknowledge it as the cornerstone of domestic workers’ rights. It is therefore working to ensure that domestic workers have a right to organize and join trade unions that champion their welfare and interests. Furthermore, under numerous international agreements, protocols, and treaties on human rights, Saudi Arabia has assumed additional commitments to implement and uphold labor rights, as well as to advocate, promote, and protect domestic workers’ rights. Saudi Arabia as a member of the International Labor Organization (“ILO”) has ratified 16 Conventions of the international body. Most importantly is the recent move by the country to ratify six out of the eight key Conventions.[18] With the country’s participation in the ILO1, it is faced with additional responsibility to respect the ideals of right of domestic workers to organize trade unions and by extension the freedom of association.
The many reforms in its labor laws and compliance with international treaties and conventions on human rights, especially those touching on laborlore has earned Saudi Arabia a position in the ILO council. Today, the country holds the office of deputy member of the Governing Body of this agency. With such a high-profile global position and the influence that comes with holding the high office, Saudi Arabia has resolved to ensure that its labor laws meet the standards and benchmarks of ILO.[19] Therefore, the country has committed to uphold the standards of human rights by ratifying the Convention on the eradication of all forms of sexual and racial-based discrimination targeting domestic workers.
Although the past few years has been a decade of allegations, complaints, and claims of poor working conditions for domestic workers in Saudi Arabia, there is no doubt that times have changed dramatically. Saudi Arabia has in the recent past enacted legislation that safeguard immigrant domestic servants. The reforms in labor laws protects the rights of domestic workers and prohibits any deduction from their salary.[20] In the special circumstances where employers are allowed to legally make deductions from the salary of domestic workers, the deduction is capped to half his salary. Such special circumstances include payment for items that the domestic worker could have deliberately or carelessly damaged, advance payment, and deduction in execution of an administrative decision or decree issued by a court of law against the employee.
The reforms have also brought into force a domestic workers’ healthcare policy that obligates supplied with the required healthcare. With the healthcare policy coming into force, domestic workers are set to begin enjoying annual paid sick leave with a medical certificate for a maximum of 30 days. In addition, the healthcare policy says that all domestic workers that have worked for an employer for two years and desire to extend their contract for a comparable term are entitled to one month’s paid leave.[21] If the domestic worker has worked for four years in a row, the policy provides that a one month’s wages as a bonus shall be paid to the employee. Most crucially, the new domestic worker regulation requires the employer to pay a return air ticket for the domestic worker to their home country once the contract has expired or in case the employer terminates the contract due to unreasonable cause.
Human Rights Watch reported that Saudi Arabia approved labor changes in March 2021 that would reduce barriers and enable certain migrant domestic workers to change employment without employer authorization under certain conditions. The reforms were initially made public in November 2020 as part of the country’s reform Initiative in its social development and labor sector. The reforms aims to “enhance the legal arrangement between domestic workers and their employers,” contribute to the establishment of a “appealing job market,” and “strengthen the work atmosphere” in the country.[22] The reforms, announced as a ministerial resolution and publicized on the Absher and Qiwa digital sites, only partially address two sections of the kafala system, leaving 3 segments that can trap migrant domestic workers in abusive and oppressive situations: the requirement for employer permission to shift or leave jobs and to go back to their home countries. Even yet, these modifications are restricted, where everyone has the freedom to leave any nation under international humanitarian law.
The Arabic guideline specifies that the new employer is liable for any fees associated with the job relocation, but it does not specify how the country intends to guarantee that disadvantaged migrant domestic workers are not compelled to borrow such costs themselves. However, a migrant domestic worker who has filed a “missing from work objection” would not be able to profit from the job change laws.[23] According to the ministerial decree, migrant domestic workers who formerly could not depart and re-enter the country without their employer’s permission may now make a digital request to the government for a departure and re-entry visa or an exit visa. The domestic workers must have a legal residence permit, a fully verified job contract, and a travel document, according to the handbook. If there are any outstanding bills or penalties, the Saudi Arabian agencies may restrict leave.
Pressure from International Parties
Saudi Arabia has shown a constructive attitude and commitment to labor law changes as well as conformity with ILO norms and benchmarks for universal human rights. The government has recognized and committed to meeting the expectations of foreign stakeholders who have been urging it to implement numerous labor-law changes. Several countries, for example, pushed Saudi Arabia to ratify human rights obligations such as the ICESCR and the ICCPR. Other proposals include responding to international pressure to increase freedom of association, with a focus on the NGO sector.[24] According to Amnesty International, it is also recommended that Saudi Arabia ratifies the ILO Conventions on freedom of association and fix the matter of migrant domestic workers, who make up a third of the country’s population, by enacting labor laws that fully protect them against vulnerability to systematic abuse by employers.
Amnesty International urged the government of Saudi Arabia to “change national labor laws so that migrant domestic workers are adequately protected from abuses by their employers, locals, or aw enforcement agencies. Migrant domestic workers are more likely to be imprisoned illegally owing to a lack of awareness of local customs and legislation, as well as communication obstacles. JS4 advocated for enhancing women migrant domestic workers’ access to appropriate redress options.[25] Saudi Arabia has been especially encouraged by Sri Lanka and the Philippines to alleviate the plight of domestic workers that are more vulnerable to sexual assault and other abuse according to a report of Amnesty International. Many additional proposals from civil society asked for the abolition of the kafala system and the extension of labor rights to domestic workers. The International Centre for Trade Union Rights urges Saudi Arabia to strengthen human rights respect.[26] Fortunately, Saudi Arabia has committed to all of these demands and is in the process of implementing the few remaining recommendations, indicating a positive step toward the realization of universal human rights for domestic workers and an end to mistreatment, injustice, and violence directed at these vulnerable employees.
Recommendations
International treaties and organizations advise Saudi Arabia to ratify the International Convention on Financial, Social, and Culture Rights (1966) and the International Convention on Civil and Political Rights (1948). (1966). Saudi Arabia is also being asked to ratify the international convention on the human rights of migrant domestic workers and their families (1990Another suggestion is to ratify ILO Conventions Nos. 98 on the right of domestic workers to organize trade unions and engage in collective bargaining (1949)) and No. 87 on the right of migrant domestic workers to enjoy the freedom of association and protection of their right to organize themselves into trade unions (1949).[27] Saudi Arabia is also recommended to ratify ILO Conventions No. 97 that stipulates the guidelines for addressing disputes regarding migration for employment (1949) as well as ILO convention No. 143 on supplemental provisions for dealing with migrant workers (1975). Saudi Arabia should also comply with ILO convention No. 189 on providing a decent work environemnt for migrant domestic workers (2011)
In terms of constitutional change, Saudi Arabia is asked to add particular legitimization to the Basic Rule of Democratic accountability for the values of right to freedom of association and assembly (Basic Law). In addition, the government should enact a trade union statute in accordance with ILO norms to facilitate access to domestic workers to opportunities of forming trade unions. Furthermore, Saudi Arabia should consider modifying Article 20 of the Labor and Workers Law to eliminate barriers to trade union activity. It is also urged to reduce the number of domestic workers required to create an organization or trade union under the regulations on domestic workers’ committee.[28] Saudi Arabia should also eliminate the requirement under the regulations on domestic workers’ committee that restricts eligibility for membership on Works Committees to Saudi Arabian nationals only. Further, the country should delete clauses in the regulations on domestic workers committees that allow the Minister of Labor and Social protection and the management of employers and recruitment firms to attend committee meetings and require that minutes be given to the recruitment agency’s ‘management.
The government should also pass legislation to allow migrant domestic workers complete freedom of association, including the ability to join and assume leadership positions in groups, workers committees, and unions. Most significantly, Saudi Arabia should also provide assistance for law enforcement to guarantee that the civil, political, cultural, social, and economic rights of migrant domestic workers are fully protected.[29] The country should also increase the enforcement of laws to safeguard domestic workers’ rights to access full information as well as proper judicial and consulting services. To achieve positive outcome in its reform initiative in labor laws and relations, the country should provide room for c consultation and carry out the changes outlined above in close collaboration with national, regional, and worldwide labor organizations such as the Labor Committees – ITUC – ILO, notably its Bureau for Workers’ Activities (ACTRAV)
Conclusion
Saudi Arabia is a leading employer of migrant domestic workers globally. However, abuse and exploitation are common in this industry. Migrant domestic workers are notably disadvantaged since they are excluded from the broad standards of labor law. However, with executive order No. 310 of 2013, 7th September, Saudi Arabia implemented domestic workers’ policy reforms that gave constitutional immunity for nine days of sleep each day, one day off every week, and one month of fully paid vacation after two years, the situation of migrant domestic workers in the country has improved slightly. The government also published a guidebook on the rights of migrant domestic workers and set up a helpline in multiple languages. The improvements were appreciated, but they did not go far as it was anticipated by the stakeholders that pushed for the reforms. The status of migrant domestic workers remains precarious, partly owing to a failure to fully implement the proposed reforms and partly due to the necessity for more changes. In Saudi Arabia, migrant domestic workers still experience abusive employer actions such as passport detention, nonpayment of salary, terrible working conditions, restrictions on their liberty or human rights, and physical and sexual assault. To these vulnerable group of employees, offering domestic services is equivalent to forced labor.
The CFA has also stated that ‘the formation of a trade union for domestic workers may be significantly hampered, if not made impossible, when the minimum membership to trade union is set at a 50. Thus, there is a need to review the legal requirement of the Labor Code for at least 30 workers to maintain a trade union (Digest, para. 286). Despite pledges made by relevant authorities, Saudi Arabia has failed to ratify the major international treaties governing freedom of association. This implies that its legislation and practice are not being fully reviewed by independent oversight mechanisms, resulting in a lack of clear, impartial information. Besides, there are limited contacts with UN aspects of leadership and rapporteurs, exacerbating the issue. According to a UN Special Rapporteur, “at the moment, notwithstanding the 2015 non-governmental organization (NGO) statute, there is essentially no substantive contact with civilized society. The country still prohibits NGOs from engaging on human rights issues in Saudi Arabia”26. Moreover, there are no labor movement in the nation owing to a lack of regulation and a harsh atmosphere for informal engagement, leading to constrained availability of precise information.
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[1] Lumbanraja, A. D., & Yusriyadi, Y. (2021). The urgency to reform the kafāla system in the sake of human rights of Indonesia domestic workers. Ijtihad: Jurnal Wacana Hukum Islam dan Kemanusiaan, 21(2), 213-230.
[2] Ibid 1 (214).
[3] Ibid 1 (218)
[4] Ibid 1 (220)
[5] Alsharif, F. (2021). Undocumented migrants in Saudi Arabia: COVID‐19 and amnesty reforms. International Migration (Geneva, Switzerland). (5)
[6] Ibid 5 (5)
[7] Ibid 5 (6)
[8] Garrett, A. (2020). The End of Kafala? Evaluating Recent Migrant Labor Reforms in Qatar. Georgetown Journal of International Affairs, 21, 201-208.
[9] Ibid 8 ((205)
[10] Ibid 8 (206)
[11] Ibid 8 (207)
[12] Ibd 8 (208)
[13] Trần, A. N. (2021). Modern-day slavery: Vietnamese women domestic workers in Saudi Arabia. New Mandala.
[14] Ibid 12 (25)
[15] Ibid 12 (26).
[16] Parreñas, R. S., & Silvey, R. (2021). The governance of the Kafala system and the punitive control of migrant domestic workers. Population, Space and Place, 27(5), e2487.
[17] Ibid 16 (18)
[18] Ibid 16 (19)
[19] Ibid 16 (20)
[20] Mlambo, V. H., & Zubane, S. (2021). No rights, No Freedom: The Kafala system and the plight of African migrants in the Middle East. ADRRI Journal of Arts and Social Sciences, 18(1 (6), April, 2021-June), (5).
[21] Ibid 20 ( 13)
[22] Ibid 20 (15)
[23] Ibid 20 (16)
[24] Ibid 1 (23)
[25] Ibid 4 (27)
[26] Ibid 22 (18)
[27] Jureidini, R., & Hassan, S. F. (2020). The Islamic principle of Kafala as applied to migrant workers: Traditional continuity and reform. Studies in Islamic Ethics, 92.
[28] Jureidini, R., & Hassan, S. F. (2020). The Islamic principle of Kafala as applied to migrant workers: Traditional continuity and reform. Studies in Islamic Ethics, 92.
[29] Ibid 28 (92)
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