In light of the constant international criticism of the country’s migrant sponsorship framework, the Lebanese Ministry of Labour recently decided to adopt the Standard Unified Contract, which many believe is a step closer to ending the kafala system in Lebanon.
THE KAFALA SYSTEM
The kafala system lays down requirements for the treatment and protection of foreign visitors. The requirements embody immigration law and regulations that are particularly restrictive towards migrant domestic workers. Migrant workers cannot enter or leave the country without initially acquiring the written consent of the local citizen or company known as their kafeel (sponsor). Leaving the country without permission will be at the migrant worker’s own expense, rather than at the expense of their kafeel.
The system has long been criticised by campaigners and international organisations that have likened it to slavery. Certain features of the system are evocative of servitude and slavery, which are prohibited under article 3 of the UN Trafficking Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. According to Amnesty International, there are over 250,000 migrant domestic workers in Lebanon alone. Most of the migrant domestic workers are women, who have left their own homes in South Asia and Africa to work in private homes in Lebanon. These vulnerable women are obviously in dire need of money and are willing to suffer to support their families. Their exclusion from legal protections that are often given to other categories of workers is discriminatory and in violation of international human rights law as distinctions based on sex and national origin.
THE STANDARD UNIFIED CONTRACT
The aim of the new Standard Unified Contract (SUC) is to ensure a much safer environment for migrant domestic workers. The provisions of the contract stipulate that domestic workers will be allowed to keep their passports and personal documents, which contrasts with the current practice that permits the kafeel (sponsor) to confiscate passports and documents for “safekeeping”. In addition, domestic workers will be given the freedom to socialise with friends when on annual leave or during the holidays—without the fear of repercussions.
Prior to recent developments, the kafeel could deny migrant workers holidays, as well as denying them contact with their families. The contract further states that the domestic worker should also have their own private room in the home in which they are working. Importantly, the contract can be terminated without notice if the kafeel violates any provision within it. The domestic worker will also be permitted to terminate the contract without notice if they find themselves exposed to any degree of abuse. The domestic worker cannot work more than forty-eight hours a week. This added protection will hopefully ensure that domestic workers are not overworked. Yet, the new contract does not include any provision allowing domestic workers to form, join, elect, and be elected to unions.
The SUC has been well received by groups such as The Anti-Racism Movement and the International Labour Organization, which stated that the contract “acknowledges the most basic of human and labour rights” and that its implementation was a “step in the right direction” towards abolishing the kafala system.
CHALLENGES TO IMPLEMENTATION
The aftermath of the Beirut explosion and resulting economic disaster has left many migrant workers and their employers in Lebanon homeless. As many Lebanese citizens find themselves unemployed and struggling, they may find it impossible to pay their domestic worker and fire them instead, leaving them stranded outside of their country’s embassy. This is not the approach that all Lebanese citizens will adopt, but political corruption and COVID-19 are intensifying the difficulties—many citizens will have no other choice. Moreover, it remains unclear whether employers who breach the provisions of the contract will face any consequences or accountability. Although the Ministry has set up a hotline for workers to report abuses, its enforcement powers are limited. There is also the need for home inspections to ensure that the provisions are properly followed, especially the provision regarding domestic workers having their own private rooms. It is essential that employers/sponsors are aware of, and understand clearly, the consequences of non-compliance, otherwise the contract is merely paper.
Although the SUC is a step in the right direction, Lebanon still has a long way to go before the kafala sponsorship system is entirely abolished. Lebanon must go a step further by repealing article 7 of the Labour Law, which disregards the rights of migrant domestic workers. This will prove difficult, as amending the law to cover this category of workers requires motivation and willingness on the part of the Lebanese government.
Mary is currently undertaking the Bar Professional Training Course at BPP Law School. She holds an LLM from Queen Mary, University of London. Mary has a particular interest in international human rights, criminal and social justice issues.