Harmonizing national laws is a goal to be achieved by many countries, considering the latest changes that the world encountered since the pandemic. Migrant workers were the most affected by the pandemic as many of them in Kuwait hardly survived, deprived from reaching out to their basic rights stipulated by the labor law number 6 for the year 2010. This necessitates taking a deep look into the structure of the laws and provisions that govern expatriates in Kuwait.

Many civil society activists call to revoke the kafala (sponsorship) system and consider it as a form of modern slavery. It is essential to look into the small projects’ visa issued under article 18 of the labor law, which contain major restrictions on migrant workers’ right of movement within the labor market, unlike other visas issued under article 18 whose holders can transfer visas more freely in case they face injustice.

Holders of an article 18 visa issued for a small business find themselves restrained by a condition stating that they can only transfer to an employer in the same type of work field. This does not guarantee a migrant worker’s interest, freedom of mobility or rights similar to those granted to the general public.

The main challenge about the kafala system is that it gives the power for a national to grant visas for migrants, instead of the government operating this duty. For the migrant workers, the sponsor is the employer at the same time, which makes them vulnerable to exploitation. In many cases, they are unable to settle a fair work agreement, unable to discuss an unlawful salary deduction or even to report on any breach and violation that they may face fearing to be struck with fraudulent absconding case and permanent deportation. How many workers out there are quiet about brutal injustice? How many are facing salary deductions or verbal abuses without being able to report?

Meanwhile, delivery drivers are in my opinion the most vulnerable to some greedy companies, who want to take advantage of every dime the worker makes on his bike. They try to structure ways to make profits by giving drivers monthly salaries between KD 120 and KD 150, plus a KD 30 as rent allowance from the money that the driver makes. Is there any suitable residence for a person to stay in for a KD 30 monthly rent in Kuwait? This specific type of contracts seems unrealistic as such contractual relationships drive the migrant worker to poverty. Justice within the law must be activated which can only take place once the law is reformulated.

—Atyab Al-Shatti is a bilingual Kuwaiti lawyer, admitted to practice before all courts in Kuwait including the Constitutional and Supreme Courts. She brings 10 years of rich experience in corporate, commercial, companies, employment and labor related matters. She is also a human rights activist.