14 Migrant Workers – A Neglected Minority in the Gulf Countries

Dr Anisur Rahman

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Learning Outcomes

This chapter helps the students to understand:

  • The plight of migrant workers working in the Gulf Countries;
  • Who are the migrant workers? And what are their rights in international law;
  • Which conventions have been adopted by the United Nations and the ILO to provide human rights to migrant workers and the members of their families;
  • What steps/measures are needed to improve the conditions of migrant workers.

Introduction

Migration is a social phenomenon taking place since the existence of human society. One of the major reasons for it is economic in nature. People migrate from one place to another mainly in search of livelihood and better prospects. There are several other reasons of human migration today. It has not only economic but also political and socio cultural dimensions. Migration is not only limited to one country but it goes beyond the border which is called international migration. We will discuss here about those migrant workers who migrate outside of their home country. Since the term “migrant worker” has different official meanings and connotations in different parts of the World, hence we will take the definition approved by the United Nations which is broad and comprehensive. The term can also be used to describe someone who migrates within a country, possibly their own, in order to pursue work such as seasonal. They are put into the category of internal migration in contrast to international migrant workers who are also called expatriates. Several countries have millions of foreign workers. Some have millions of illegal migrant workers. According to Panos Institute, it is never appropriate to refer to asylum-seekers or refugees as “illegal migrants”. It is so because their reasons for moving are different from those of migrants. It is also true that the international law recognizes that those fleeing conflict or persecution may need to cross international borders without authorization and should not be penalized for doing so.

According to the International Organization data, in 2014, there were an estimated 232 million international migrants in the world. The half of them was estimated to be economically active. These international migrant workers are contributing immensely in the host countries today. They constitute more than 3.2 per cent of the global population. Women account for nearly 50% of global migrants. Out of total migrant workers, 20 to 30 million migrant workers are irregular which constitute 10 to 15% of the entire migration stock. It is projected by ILO that there will be 250 million international migrants by 2050.It is true that virtually all countries are countries of origin, transit, and destination. Labour migration takes place between developed and developing countries and among developing countries as well. Development gains from migration for the countries involved and the protection of the rights of migrant workers are inseparable. Such development gains are significant not only to origin countries, but also to destination countries where migrant workers provide their labour.

Migrant Workers and International Instruments

Following international Conventions specifically are addressing the rights of migrant workers.

  • The 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. This Convention covers the entire migration process and provides many areas of protection for migrant workers and their families. In addition to issues related to employment, it includes provisions on human rights, slavery and forced labour, liberty and security of person, protection against violence, confiscation of identity documents, expulsion, medical care, the education of migrant workers’ children, family reunification, transfer of earnings, recruitment, the right to the protection and assistance of their countries’ consular services, and other issues.
  • Another Convention related to the situation of migrant workers is the 2000 Convention against Transnational Organized Crime, and its two Protocols – the Protocol to Prevent,Suppress and Punish Trafficking in Persons, especially women and children and the Protocol against the smuggling of migrants by Land, Sea and Air.
  • While the above Conventions are directed toward workers’ migrant status, all ILO Conventions generally apply to them as well, because of their status as There are eight fundamental ILO Conventions which are considered human rights at work. They cover freedom of association and the right to collective bargaining, the abolition of forced labour, equality and non-discrimination in employment and occupation, and the elimination of child labour. The Private Employment Agencies Convention, 1997 is of particular relevance to the protection of migrant workers, as it provides for a system of licensing or certification of private recruiters, rights for employees who use their services, and protection against abuses.
  • The 2006 ILO Multilateral Framework on Labour Migration, Nonbinding principles and guidelines for a rights-based approach to labour migration provides rights-based practical guidance to governments and to employers’ and workers’ organizations with regard to the development, strengthening and implementation of national and international labour migration policies. It has been drawn from principles contained in relevant international instruments, promotes the rights of migrant workers, and provides guidance in the prevention of and protection against abusive migration practices. It additionally addresses decent work, means for international cooperation on labour migration, global knowledge base, effective management of labour migration, the migration process, social integration and inclusion, and migration and development.

Migrant / Minority Groups and the Gulf Region

The term minority group refers to a category that is differentiated from the social majority, that is, those who hold the majority of positions of social power in a society, and may be defined by law. The differentiation can be based on one or more observable human characteristics, including, but not limited to: ethnicity, race, gender, wealth, health or sexual orientation. Usage of the term is applied to various situations and civilizations within history, despite its popular mis-association with a numerical, statistical minority. In the social sciences, the term “minority” is used to refer to categories of persons who hold few positions of social power. The term “minority group” often occurs alongside a discourse of civil rights and collective rights which gained prominence in the 20th century. Members of minority groups are prone to different treatment in the countries and societies in which they live. This discrimination may be directly based on an individual’s perceived membership of a minority group, without consideration of that individual’s personal achievement. It may also occur indirectly, due to social structures that are not equally accessible to all.

Despite the high number of migrant workers in the gulf region, they are considered too vulnerable a minority on account of social deprivation and privileges denied to them. Although these migrant groups contribute in every sector of the Gulf economy and society, but they are taken into consideration as they deserve. Their social conditions are reported to be poor. They are denied the basic rights. They are in fact the neglected minority in the Gulf society. As the Gulf is considered to be one of the important regions in the World consisting of Bahrain, Kuwait, Qatar, Oman, Saudi Arabia and the United Arab Emirates, where Migrant population constitutes a little half of the total population in this region. It is interesting to note that except in two countries Saudi Arabia and Oman, all four GCC countries have more migrant communities than those of nationals. It is also noted that the overall presence of expatriate communities is 48 per cent as compared to 52 per cent of national population in the entire GCC countries (GLLM, the latest national Statistics, 2010-14).

Migrant Workers from South Asia

The migration of workers from South Asia is not a recent phenomenon. This has been continuing for centuries. The factors responsible for out migration from this region are numerous. It is seen that economic, social and political situation sometimes creates a condition where an individual or a group is bound to emigrate. Poverty is one of the major driving forces behind migration. Aspiration for economic empowerment is another main factor responsible for migration. Finally, political conflicts also prompt people to migrate. International migration is found to be a complex issue resulting from a combination of push and pull factors. These factors include poverty, unemployment, demand of the labour market, political conflicts, improved communications and transport, etc.

It was seen in the 1950s and 1960s that the profile of migrant workers was high in terms of education. The most professionally qualified persons from South Asia migrated to the more developed countries especially the Western countries. In the early 1970s it was observed that due to the spurt in oil prices, some oil producing countries of the West Asia have started investing in infrastructure development in a big way that created a huge demand for different categories of labour. As a result, migrant workers from South Asia joined the labour market in the Gulf countries such as Saudi Arabia, UAE, Kuwait, etc. Since mid-1980s, it was observed that horizon of migration was expanded and migrant workers began to migrate to the newly industrialized countries in Southeast Asia and East Asia, such as the Republic of Korea, Malaysia, and Singapore. It was noted that they faced a shortage of labour and local workers were reluctant to take up the so-called 3D jobs – dangerous, dirty and degraded. In case of Nepal, the situation was slightly different from other South Asian countries.

The number of migrant workers shows an increase after 1990, following the liberalization of overseas travel by the government. The majority of migrant workers from South Asia constitute semi-skilled and unskilled manpower. It is also observed that the overwhelming majority of migrant workers are found to be males from India, Pakistan, Bangladesh, and Nepal, while in case of Sri Lanka only, women migrant workers constitute majority. Women are found to be more vulnerable to all kinds of exploitation in comparison to their male counterparts. Their human rights need to be protected along with their male counterparts.

Growing Number of Migrant Workers

It was noted that the percentage of expatriate workers in the GCC countries grew from 22.9 percent in 1975 to 38.5 percent in 2002 and then to 48.1 percent of the total population of 48.1 million GCC residents. Reliance on foreign labour has resulted in expatriates currently constituting 88 percent of the workforce in the UAE, 83 percent in Qatar, 81 percent in Kuwait, 72 percent in Saudi Arabia, 55 percent in Bahrain, and 54 percent in Oman. However, the composition of expatriate workers has changed periodically. If the current trend continues, it is projected that the number of migrant workers would grow by another 1 million. It is equally likely that the number of non-Gulf Arab workers in the GCC states will diminish, the presence of Asian workers would likely to grow further. The proportion of non-citizens in the Gulf has steadily increased during the last four decades which is contrary to the plans and desires of the Gulf countries. It is revealed by the data that the proportion of non-nationals vary from country to country, ranging from 32.0 percent in Saudi Arabia to 88.5 percent in the United Arab Emirates( Fargues and Brouwer,2012, pp. 241-73)

Migrant Workers and Human Rights

It is interesting to note that the presence of migrant workers in the Gulf region is considered to be a national security issue by respective the regime. But, the international community is demanding to grant equal rights to expatriate workers as it is enjoyed by national population. As is it rightly highlighted in this modern age that migrant workers are in search of better life is a regular phenomenon. It is important for host countries to treat foreign workers at par with local citizens. There are a number of countries across the world which are facing increasing labour shortage and looking to import labour from other countries (Bhuyan, accessed through internet). So, if a worker is mistreated in one country, he can always opt to work in another country where he/she is treated with a better way.

Further, we also observe that the GCC governments were worried over demands made by the United States during negotiations over free trade agreements. More specifically, they were opposed to demands for permanent settlement of expatriates, giving them salaries equal to nationals and greater rights in the areas of education and health, and therefore keen on implementing a “zero- tolerance” policy towards violators. In the case of the UAE, the US demanded for the creation of trade unions, amending labour laws in compliance with international laws. It was also said that the UAE must revise sponsorship rules in order to bring justice. It is further demanded that US citizens be treated equally with UAE nationals in terms of ownership and other matters.

In response to the aforesaid demands, the GCC ministers of labour and social affairs recommended a maximum six-year uninterrupted legal stay, tougher recruitment conditions, deporting surplus expatriate workers and making renewal of residence permits more difficult. But, it was noticed that all these proposals were kept aside mainly owing to pressure from the private sector and the Riyadh Chamber of Commerce and Industry, which stressed the importance of expatriates for the ongoing development programmes. They also understood the significance of expatriate workers in this region. The GCC labour ministers, however, proposed a quota system to limit the number of foreigners permitted to work in the region. The GCC countries are also worried about the political impact on the domestic populace following the electoral process undertaken by Iraqi and Palestinian expatriates, and possibly Indians in the future.

It was noted that the GCC authorities had meeting of the GCC labour ministers in which, Majid Al-Alawi, Minister of Labour and Social Affairs of Bahrain stated that non-Arab foreign workers constituted a strategic threat to the region’s future. Similarly, during another ministerial meeting of the same kind in 2005, Abdul Rahman Al Attiya, the GCC Secretary-General, had warning about the possible massive presence of expatriates in this region. They should not merely be considered as economic matter but also should be considered as national security issue. As the international accords are pressing for the settlement of expatriates and requiring States to give them salaries equal to their nationals and greater rights in the areas of education and health. Considering all these statements and warnings, it appears that the migrant workers are not going to be treated properly. Their rights are not going to be well taken care of even in future also.

The pathetic conditions of migrant workers were rightly explained by the President of the Arab American Institute, James Zogby who pointed out that France and the rest of Europe are learning now that ‘guest workers in their third generation and still denied justice, are not only a shame that eats at the moral fiber of a society, they are also a time bomb waiting to explode”(Andrzej, accessed through internet). It was witnessed that how migrant workers are trapped in horrible conditions, denied justice and their basic rights in this region which harms not only migrants, but also the image and prestige of the host countries at the global level. It is also acknowledged that these countries must do something which is better for them. As they clean offices, build cities and remain invisible, it was thus argued that their rights must be protected at all costs. Further, it was noted that the Kuwaiti intellectual, Dr. Shamlan Yousef, pointed out that a lesson must be learnt from the events in France. He admitted the fact that policies of indiscrimination and oppression are being practiced in the Gulf countries against the foreign workforce in terms of low salaries, long working hours and absence of rights” (Andrzej, accessed through internet). This is nothing but the gross violation of human rights which are dangerous to the Gulf economy and society.

It was further highlighted by Khowla Mattar, a senior specialist on workers’ rights at the ILO’s regional office for Arab states. She stated that Gulf countries have the habit to deny the problem of human trafficking and human rights abuses towards migrant workers. As she admitted, “The culture of rights is weak in our societies; unless we enhance this culture at the regional level, migrant workers will continue to be exploited and their rights would be abused” (Mattar, accessed through internet). It is now evident that Gulf countries don’t bother about international conventions pertaining to the rights of migrant workers and their national labour laws do not meet the international standards in order to protect the rights of migrants.

It may be now underlined that that the labour laws in the Gulf are not compatible with the international conventions. Several private companies still continue to prosper at the expense of poor workers who are working in the GCC countries. Regardless of their nationality, they are subjected to local sponsors, who have the power to limit migrants’ movement and job change (Mattar, accessed through internet). Moreover, in the cases of low-income uneducated workers, it is noted that they are exposed to other kinds of abuses and exploitations such as physical and verbal harassment, denial of access to consular services and contacts with families. This is all denial and violation of their basic human rights in this region.

Immigration Policy and Labour Rights

It is quite interesting to know that these Gulf countries are completely perplexed about their labour immigration policy. On the one hand, they badly need these workers for their economies as they have become accustomed to the benefits of greater money incomes and wider personal services that such migrants make possible. On the other hand, they fear being overwhelmed by the inflow of migrants from other countries. They worry about losing their cultural values on account of the overwhelming presence of migrants in their countries. They also have the great fear for the possibility of political activism by the migrant workers. It seems that this contradiction will not be resolved soon. It is likely that the Gulf countries will remain dependent on migrant labour for years to come and they will also continue to dislike their dependence on foreign workers. It was found that migrants form the majority in all GCC countries except Oman and Saudi Arabia (Seale, accessed through internet).

In case of Kuwait, the proportion of migrants was set to fall to below 50 percent in every plan. But this has never been achieved except when the second Gulf crisis occurred. As a result of this crisis, it was found that about 1.5 million of non-Gulf Arabs was expelled because they favored Iraq. But as of today, the proportion of foreign workers in Kuwait is back to earlier proportion. We further observe that the proportion of expatriates in Dubai of the UAE is about 95 percent, while the locals are only 5 percent. This city is an outstanding economic success. It has become the pride of the Arab World. This is made all possible due to the contribution made by migrant workers. Hence they deserve better treatment at home as well as at host countries. They should not be ignored so that they feel that they are neglected social group in this region.

Truly speaking, it is evident that migrant workers suffer at both the places. At home country, unscrupulous recruiting and travel agencies exploit these workers very badly. There are no any proper agencies that take care of the interest of migrant workers at home country. In the host countries, employers do not execute proper job contracts, nor pay them promised salary. They even fail to provide adequate shelter and food to the workers. They are sometimes treated like slaves and are forced to work 18 hours a day. This is an open violation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their families. As the Article 24 of the Convention states: “Every migrant worker and every member of his or her family shall have the right to recognition everywhere as a person before the law”(Gilmore, accessed through internet). It is interesting to note that migrant workers cannot become citizens of the Gulf States no matter how long they reside in the country. Their children also cannot get citizenship even if they are born there (Kishore and Khan, p. 87). Citizenship may be rarely given only by the ruling Sheikhs.

The policy of not giving this right is uniformly applied to Palestinians and to other Arabs who have spent their entire lives within the Gulf States, as well as to non-Arabs. It is also noted that foreign workers are not permitted to own property. They cannot own a business, purchase a house, or acquire land. Oman and now Dubai are, however, only exceptions where non- citizens can own these assets. Now the time has come for the entire Gulf States to liberalize its policy in favour of giving migrants’ rights. They must follow international norms and conventions in order to prevent any malpractice against migrants. This is in the interest of both migrants and host countries.

We find that Gulf States are however, following the policy which does not allow migrant workers to be integrated into their own societies politically and socially. They rather create a sense of insecurity and impermanence among the migrants even though they treat the migration process as an enduring one. There is no free labour market. Migrant workers receive work permits only after obtaining NOCs from the government. It is also seen that they cannot change their jobs without the consent of their employer and the Ministry of Labour and Social Affairs. If they do so without consent, they are liable to deportation.

It is also evident that there is discrimination between local and foreign workers in terms of many benefits. These benefits are like free medical care, free universal education from primary school to university and low-cost housing. They are provided to the local population, but not to migrant workers. Migrants are, however, permitted to create privately financed schools for their own children while employers often provide medical facilities for their employees. Migrant workers may bring their wives and children, but only if their wages are above a level specified by the government. Few unskilled or semi-skilled workers are able to bring their families under these rules. It seems that the rights of migrants, minorities, etc. are far from satisfactory in this region. From Islamic point of view also, these countries are not following the healthy Islamic tradition of integrating the immigrants into host societies. It is well-known fact that the Islamic calendar itself starts with the immigration that is called Hijrat in Arabic. All those who had migrated with the Prophet (PBUH) from Mecca to Madina, were generously integrated into the host territory. This tradition is not at all followed in these Muslim states. All the time these migrant workers are excluded from the host societies.

Conclusions

We conclude by saying that the migrant workers are ignored altogether. Their basic necessities for life are not considered seriously by the authorities either in home or in the host countries. They are excluded, neglected and marginalized social group whose contribution is remarkable in development of all sectors of the Gulf economy. Although they must be considered as big economic assets on the basis of their contributions, but they are treated as national security threats and burden on the Gulf polity and society. It is now the responsibility of international community to address the plight of this neglected community so that its rights and dignity could be protected in this region.

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Reference

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