Migration Policy and Governance in the GCC: A Regional Perspective
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Transcript of Migration Policy and Governance in the GCC: A Regional Perspective
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6
Migration Policy and Governance in the
GCC: A Regional Perspective∗
Zahra Babar
n recent years, platforms for contributing to the international dialogue
on migration have multiplied at the regional and inter-regional levels.
These efforts underlie the now common understanding that migration is a
transnational phenomenon which impacts countries of origin, transit, and
destination, and that balancing divergent national interests along with the
needs and rights of migrants themselves is essential for ensuring beneficial
development outcomes for all. Embedded in a common understanding
that migration and development are inexorably linked, and underscoring
the need for the economic, social, and human rights of migrants to be
safeguarded, regional consultative platforms allow for improved dialogue
and cooperation amongst nations that face similar challenges around
migration. In addition to enhancing the exchange of experiences and
improving policy coordination, such efforts also play an important role by
diffusing regional perspectives into the broader, global migration agenda.
This paper is intended to contribute to the ongoing debate on regional
cooperation and policy harmonization on labor migration to the Gulf
Cooperation Council (GCC) countries. The first section of this paper
briefly reviews the general trends in migration to the region, highlighting
the fact that the GCC demonstrates the highest density of migrants to
∗ This paper comprises Chapter 6 of Labor Mobility: An Enabler for Sustainable
Development, published by the Emirates Center for Strategic Studies and
Research (ECSSR) in 2013. Copyright is retained by ECSSR. For more
information or to purchase the complete work, contact ECSSR on Tel: +9712
4044 445; [email protected]; or via www.ecssr.com.
I
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nationals seen anywhere in the world. In the second and third sections the
primary structural features of regional labor migration are discussed, in
particular the impact of kafala arrangements and the transnational labor
brokerage system that brings workers to the Gulf. The fourth section of the
paper examines recent reforms undertaken on migration governance, while
the fifth suggests that national, regional, and international tiers of interest
inform the development of migration policy in the GCC. The final section of
the paper suggests a few areas where further dialogue and cooperation are
needed, and where the research agenda needs to be expanded.
An Overview of Labor Migration to the GCC
The six GCC member states currently comprise the third largest regional
hub of international migration. The discovery of petroleum wealth in the
middle of the last century had a dramatic impact on the social, political,
and economic alignments of the region. Due to the small local population
and low levels of labor force participation, the GCC states had to seek
alternate sources of labor to meet the burgeoning demands of their
ongoing development projects.1 From the 1960s onwards, foreign workers
– initially primarily from neighboring Arab states, but over time
increasingly from South and Southeast Asia – were imported to address
regional labor requirements.2
Recent estimates indicate that across the region about 40 percent of
the population is non-national, and in several of the GCC countries the
majority population is foreign.3 According to the United Nations, all six of
the GCC countries are listed amongst the top twenty nations in the world
in terms of the proportion of migrants to nationals. Foreign labor
comprises a majority of all the GCC nations’ workforces (approximately
70 percent of the regional labor market is composed of non-nationals),
and the foreign population comprises an absolute majority of the
populations of Kuwait, Qatar, and the United Arab Emirates.4
These demographic breakdowns are quite astonishing; current
estimates, for example, suggest that over 90 percent of the population of
Qatar is non-national.5 The foreign populations that reside and work in
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the Gulf come from a variety of countries and continents. In addition to
the presence of large numbers of South Asians, increasingly the region is
drawing labor migrants from Africa, East Asia, Southeast Asia, and other
parts of the Middle East. The bulk of the labor force consists of ‘unskilled’
or ‘low skilled’ workers who occupy low-paid positions in sectors such as
construction. Migrants, however, also populate many other semi-skilled
and professional positions, particularly in the private sector.
Managing the delicate balance between the strain on the population
structure and national development needs continues to be one of the most
challenging policy issues for all the governments in this region. Given the
increasing scrutiny of the issue of migrants’ rights, maintaining their
domestic requirements without drawing international censure requires
dexterity and skill on the part of the regional leadership. Importing non-
national workers to meet domestic labor needs brings with it benefits as
well as costs. Non-nationals can be brought in quickly – and in most cases
cheaply – to meet labor needs as and when required on a project-by-
project basis. They can also be easily released and sent back to their
countries of origin when no longer needed.
There is, however, considerable discussion amongst both state actors and
local citizens about the potential costs of hosting such large numbers of non-
nationals for long periods of time. These costs are not merely economic in
nature, but also potentially social and cultural. The massive influx of
foreigners from all over the world is often seen as a threat to national heritage
and cultural values, and even a latent threat to political stability.
Privatization of Migration Governance: The Kafala
For decades, across the GCC states the migrant labor population has been
governed through the kafala or worker sponsorship system.6 This system
creates a direct relationship between each labor migrant and his or her
sponsor or kafeel; and binds each migrant worker to a particular job for a
specific period of time. Traditionally the kafeel has maintained control
over a worker’s mobility for the duration of his or her stay in the Gulf.
Workers cannot change their place of employment or exit the country
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without obtaining prior approval from their sponsor. The kafala is bound
by the contractual agreements signed by the foreign workers and their
sponsors. These contracts (particularly for the lower skill categories of
migrants) are drawn up for a two-year period of employment and
residency, but may be renewed or extended. Upon completion of the
contracted period of employment, sponsors are responsible for ensuring
that workers are immediately repatriated to their country of origin.
While for several decades this system has been the means by which
regional governments have regulated the flow of labor migrants into their
countries, it has in essence devolved responsibility for migration
management directly down to employers, leading to a problematic
‘privatization of migration.’
Migrants to the Gulf have almost no agency in terms of obtaining
permanent settlement or citizenship. This is particularly true for those
migrants at the lower end of the income and skill scale. Current Gulf
practices have removed pathways of traditional migration for settlement,
and the kafala system is structured to only grant migrants opportunities
for temporary cycles of employment. Migrants may choose to engage in
repeated cycles of employment within one or more of the GCC states,
interspersed with periods of repatriation.
Scholarship has drawn attention to the decidedly unequal power
relations between worker and sponsor, that are created through the kafala
arrangements. The kafala has also been widely condemned by workers’
rights groups for its inadequate ability to protect migrant workers’ rights.
Several of the Gulf states are currently discussing pathways to dismantle
or substantially alter the sponsorship system.
The Transnational Labor Recruitment System
What many scholars have been drawing greater attention to is the fact
that, as tools of managing migration to the Gulf, the kafala and the
workers’ contracts are but a component of a larger, profit-generating,
international migration system. Recruitment agencies and labor
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brokerages in both labor receiving and sending countries play a critical
role in this system.7 Recruiters in sending countries, along with a host of
sub-agents, serve to link migrants in remote locations of Asia and Africa
with manpower agencies and employers based in the GCC. Recruiters
and labor brokerages at both ends of the system financially benefit from
the costs they extract from potential migrants.
Unskilled and low-skilled migrants typically pay between $1,000 and
$3,000 for the opportunity to work in the GCC states and for obtaining a
two year contract. The cost of migration fluctuates greatly for workers
depending on their country of origin. In most cases, migrants and their
families are only able to cover the cost of migration by incurring debt. Due
to the lack of access to formal credit sources, many incur high interest
loans in their home countries in order to pay for the opportunity to work
in the Gulf.
Analysis of the transnational migration system present in the region
has highlighted its potential for creating abusive and exploitative working
and living conditions for migrants.8 Through the kafala, migrants are tied
to their particular jobs and employers, and are unable to seek alternative
employment if they are unhappy with their working conditions. The most
common complaints from workers relate to the non-payment or delayed
payment of wages; others complain of underpayment in relation to the
contractually promised salary. Another common complaint is that
employers insist on excessive work hours and limited time off. Migrants’
passports are commonly retained by their employers, thereby preventing
them from escaping abusive conditions. Others are summarily deported by
their sponsors without due cause. Housing provided by the sponsor is
frequently crowded, unsanitary, and inadequate, while work environments
can be unsafe.
Migrants are often retained against their will beyond the contractually
delineated two years. Migrants may also arrive in the GCC to find that
their intended occupation or job varies widely from what was promised to
them prior to departing their country of origin. Upon completion of their
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contracts, workers may also find that promised end-of-term benefits
remain unpaid, further reducing the profitability of their time in the Gulf.
In addition, given the unscrupulous practices of recruiters, migrants
arrive in the Gulf uninformed of the living and working conditions they
will face, and unaware of the cost of living in the region. Many come with
high expectations of how much of their salary they will be able to save,
and then find that basic costs such as food and transport eat away at their
meager monthly wages. A survey completed in Qatar in 2011 by Qatar
University’s Social and Economic Survey Research Institute, which
interviewed 854 migrant workers, found that 49 percent of them wished
they had known more about the cost of living in Qatar prior to their
arrival.9 Given that the vast majority of migrant workers arrive via costly
recruitment channels and carrying debt that they must pay off, they are
even less empowered to break their contractual agreements if they face
exploitative conditions.
It is of course true that many labor migrants successfully manage the
challenges of this migration system, and contribute to their personal and
familial development as a result of their overseas employment. Financial
remittances from GCC states contribute critical resources to households,
communities, and the national economies of parts of Asia, Africa, and the
Middle East. In addition, the literature has highlighted the broader
economic and social contributions that returning migrants bring back to
their countries of origin. However, the need to address the weaknesses of
the transnational labor recruitment system is broadly acknowledged as
being critical to ensuring healthy and productive outcomes for migrants
working in the Gulf.
Recent Policy Reforms to Regional Migration Governance
Over the past few years, many of the GCC governments have made public
statements indicating a desire to reform the kafala, and yet conclusive
structural change has remained absent region-wide. Reforms have been
attempted, but none to date have led to a complete dismantling of the
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sponsorship system. They have rather tended to address elements of the
system considered most problematic in terms of rights protection.
In 2009, the Government of Bahrain omitted one of the more
restrictive practices of the sponsorship system by enacting a ‘mobility law’
that allowed migrants to change employers without approval or consent of
their sponsors.10 This has been an important step forward in improving
migrants’ protections and rights to free mobility. Allowing workers to
change employers may make employers more accountable towards their
sponsored employees, and improve the imbalance in power relations
between workers and their sponsors, as migrants will not risk deportation
through loss of employment. In 2011, Kuwait also announced plans to
restructure the kafala system, and has implemented similar changes as
seen in Bahrain, allowing workers to change employment without losing
their visa status. In 2010, Kuwait also approved amendments to its labor
law, which included the establishment of minimum wages for foreign
workers and domestic workers.
In 2009, the United Arab Emirates’ (UAE) Ministry of Labor in
conjunction with the UAE’s Central Bank introduced a wage protection
system (WPS), whereby employers are obligated to pay their workers’
salaries through an electronic transfer system.11 The WPS creates a link
between the Ministry of Labor, the Central Bank, and the employer and
allows for the tracking of salary payments. This mechanism is an attempt
to ensure that wages are paid in full and in a timely manner. Given that
the delay or non-payment of wages continues to be one of the most
contentious and certainly the most common complaint raised by workers
across the region, the creation of such mechanisms should facilitate
regular and timely wage payments.
To date, no other GCC state has implemented a similar wage
protection system, although Saudi Arabia has recently announced plans to
follow suit.12 Regarding the feasibility of the adoption of such a system
across the GCC states, questions have been raised around how realistic it
is for banks to be engaged in the process. Of particular concern is the fact
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that many banks in the region impose a minimum monthly wage
threshold of AED 2,500 as a prerequisite for opening a personal bank
account, which would leave a number of migrant workers who earn below
that threshold outside the system.13
Other GCC states have inserted minor modifications to aspects of
their labor laws which address certain problematic areas of the
sponsorship arrangements. In 2003, Oman adopted legislation making it
illegal for sponsors to send their workers to other places of employment.14
Additional areas of migration policy and governance under discussion
across the Gulf include proposals to improve the process of migrant
recruitment, as well as migrants’ working and living conditions, and to
enhance dispute resolution procedures either by enabling the judicial
system to be more responsive or expanding the capacities of Ministries of
Labor.
In 2011, Qatar under the guidance of the Ministry of Labor
established a national committee consisting of multiple public and private
stakeholders dedicated to all aspects of workers’ occupational health,
safety, and rights. This committee is still in its initial phase of operation,
and, in collaboration with the International Labour Organization (ILO),
is devising policies and practices to improve the conditions of migrant
workers in the country, and ensuring that they conform to the highest
standards of international protocols.15 The Qatari Ministry of Labor is
also looking to significantly enhance its capacity in order to ensure
compliance with existing labor laws. As the migrant population in Qatar is
anticipated to grow, a significant increase in inspection capacity and labor
regulations enforcement will be required. Currently, the Ministry of Labor
has a staff capacity of 150 inspectors, but this number will be increased to
300 in the next few years.16
The UAE has also recently undertaken pilot projects to address
challenges posed by the transnational labor recruitment system. One such
scheme launched in 2012 and developed on a bilateral basis with India
will tackle the issue of contract substitution through an electronic contract
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validation and registration system.17 Under this pilot scheme, UAE-based
employers enter details for potential employment offers through an online
application system under the administration of the Ministry of Labor. Full
disclosure of the key terms of employment are required for the processing
of work permits by the Ministry, which then provides the approved Indian
recruitment agencies with access to these electronic records. In turn, these
agencies are required to obtain the potential migrant worker’s signed
consent. The designated Indian government agency is able to review the
terms of employment and grant emigration clearance on that basis. If
successful, this bilateral initiative has broad potential application across
the region. However, currently there is little evidence that other GCC
countries are considering adopting a method of electronic contract
validation and registration.
One of the challenges to adopting this contract validation system is
the implication it has for sending countries. To ensure that unscrupulous
practices of recruiters in sending countries are curtailed, under the pilot
scheme the UAE has requested that an Indian Government employee is
present during the process of obtaining signed consent from a worker.
However, India finds this extremely difficult to ensure, as they do not
have the staff capacity to be present for the signing of every single migrant
workers’ contract.
It must be noted that none of these regional initiatives or reforms to
the kafala have impacted migrants employed in the domestic employment
sector. Any policy dialogue on labor migration to the GCC must also
attempt to address the status and conditions of domestic workers. These
workers are not covered by national labor laws, which in combination with
the sponsorship system places them in a particularly vulnerable position.
The invisible nature of domestic work, taking place behind the closed
doors of people’s homes, means that protecting women in these jobs poses
a great challenge. There are a host of exploitative practices that domestic
workers encounter in the workplace, and which need to be addressed
through some legislative mechanism. While domestic workers are
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excluded from the labor laws in many countries, there have been attempts
to create separate laws specifically focused on protecting their rights.
The GCC states over the past few years have made efforts to develop
and implement legislation to protect the rights of domestic workers across
the region. Such legislation must strive to address the key areas of rights’
violations which are regularly reported, such as: excessive daily and weekly
work hours, no time off or leave days, non-payment or late payment of
wages, no pay for overtime work, no paid sick leave, restrictions on
personal mobility (such as not being allowed to leave the home), and the
withholding of passports.
In early 2013, the GCC Ministries of Labor announced a draft law to
implement unified employment contracts for domestic workers.18 While
the law has still not been finalized, its stated purpose is to strengthen legal
protections for the domestic sector region-wide. The version of the draft
law that has been released for review includes provisions for an eight-hour
work day, mandatory payment for over-time, mandatory weekly days off,
and penalties for late payment of wages. In addition, domestic workers
will have the right to retain their passports; and employers will be
obligated to ensure appropriate accommodation, food, and clothing, and
cover costs of visas and air tickets to and from the country of origin.
Rights-based organizations have highlighted that the draft law omits any
stipulations of a minimum wage, and does not address the common
practice of tying domestic workers’ wages to their country of nationality.
Questions also remain as to how effective the unified standard contracts
for domestic workers will be in practice, and what mechanism will be
implemented to monitor an employer’s compliance with his or her
contractual obligations.
Drivers of GCC Migration Policy – Three Tiers of Influence
Analysts, scholars, and GCC government authorities have over the years
indicated that the kafala has become outdated, and is no longer an
effective mechanism for managing migration streams to the region. Yet
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despite this widespread recognition, none of the GCC states has
attempted to entirely dismantle the kafala system. Questions must be
asked as to why national and regional enthusiasm for deep structural
reform has remained so tepid. What are the driving factors that restrain
broad-scale revamping of migration policy for the region? The following
section of this paper suggests that in the GCC, policy and practice on
migration is informed by interests that emerge on three different but
intersecting tiers, all of which impinge on the scale of reform that can be
undertaken.
National Context
Migration policy in the GCC states is embedded in a broader state
discourse expressed as an anxiety with the ‘demographic imbalance’ of
national labor markets and population structures. Although the large
foreign workforce has been present for many years, it has increased
markedly over the past decade. Anticipated development needs, combined
with a segmentation of the labor market, which places nationals in public
sector jobs and non-nationals in the private sector, means that for the
foreseeable future the region will continue to rely on imported labor
regardless of the demographic imbalance this creates. Cross-sectoral and
multi-strategic policy and planning documents reflect the awareness that
this demographic trend cannot be radically altered in the short-term, and
that in fact it is to be anticipated and planned for. Despite the region-wide
objective of nationalizing the regional workforce and reducing labor market
reliance on foreigners, a mere glance at the numbers of citizens participating
in the private sector reveals how unrealistic it is to assume that this will
occur seamlessly or quickly.
Regionally, policies reflect the deep anxieties felt by GCC
governments and citizens faced with a significant demographic imbalance
in their own societies.19 In turn, these anxieties of the host state create
pressures for the foreign workforce via the protective kafala system, which
makes foreign workers prone to exploitation at the hands of their
employers. It is the very ‘temporary-ness’ of these visa arrangements that
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plays an integral part in the widespread exploitation of many labor
migrants in the region. Employers can count on the fact that migrant
workers have invested heavily in the opportunity to come to the region for
employment, and are therefore reluctant to leave without some return on
their investment within the allocated time. Sponsors are thus empowered
to exploit the anxieties of those they sponsor.
Broader, strategic development plans for the region are embedded in
the notion of creating a knowledge economy. Efforts towards this end
have driven up the need to bring in a range of skilled and highly skilled
foreign workers to populate jobs in higher education, scientific
institutions, and the technology sector. While much official commentary
suggests that over time the regional labor market will evolve towards a
higher proportion of skilled workers (as it transitions to a knowledge
economy), a number of policy documents acknowledge that in the short-
term there will still be a need for many foreign workers to occupy
positions in the construction and associated infrastructural development
sectors. The longer term goal is to change the qualitative nature of the
foreign work force in the GCC, make it more appealing and attractive to
the highly skilled, and perhaps seek ways of retaining them for longer
periods within the national labor market.20
Despite this, the GCC does not see itself as a destination for
permanent settlement; and a variety of policy documents highlight the
aspiration to build a citizen workforce and reduce the ongoing dependency
on foreign labor. Until that goal can be realized, however, the guiding
principle around migration management is to ensure that the large,
foreign workforce currently dominating the national labor market remains
strictly temporary. Policies such as the kafala exist to control and manage
the large numbers of migrant workers essential to the regional labor
market. Policymaking apparatus is in place to ensure that these flows of
foreign labor remain temporary in nature, and that pathways to permanent
settlement are almost non-existent.
There is certainly no inclination to push the direction of the
conversation towards options for permanent settlement. The absence of
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citizenship rights for temporary migrants is in principle defensible, if this
is accompanied by greater provisions to safeguard their legal status, secure
their human rights, and ensure their greater mobility within the labor
market. While refraining from any discussion of possible pathways to
long-term residency for low skilled migrants, these same policy documents
raise the need to implement changes for recruiting and retaining highly
skilled foreign workers, especially if the country is committed to building a
knowledge-based, diversified economy. Qatar’s Permanent Population
Council released a document in 2011, which states that in order to recruit
and preserve highly skilled foreign workers the government must
implement a program that grants permanent residence to the highly
skilled.21
For any deep, systematic reform of labor migration governance at the
national level, GCC states need to ensure a degree of buy-in from
different social actors. Reluctance on the part of governments to initiate
sweeping reforms indicates a perception that such moves would be met
with wide-spread opposition. A recent study undertaken in Qatar
attempted to determine whether public opinion is indeed entrenched
around the sponsorship system.22 The results indicate that citizens have a
personal and vested interest in maintaining the kafala arrangements, and
are concerned about how its dismantling would impact their own
economic situation.
Regional Policy Framework
While the GCC states have to date not formally harmonized policies for
managing migration, they are more proactive in addressing the issue as a
bloc. This may be in belated recognition of the fact that they all face
similar concerns around migration, and are the target of growing criticism
for their apparent apathy in protecting migrant workers.
During the past few years, the GCC states have initiated regional
cooperative efforts to achieve migration policy reform. These include the
Abu Dhabi Dialogue, a regional consultative process on labor migration
to the Gulf, that brings together labor sending countries from South and
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Southeast Asia with labor receiving countries of the Gulf, to address
mutual concerns.
Within the framework of the Abu Dhabi Dialogue, and as part of
their involvement in the Global Forum on Migration and Development,
the GCC states have tried to steer the direction of the conversation
towards ‘enabling sustainable development’ in the countries of origin.
They have posited that the streams of ‘circular’ migration to the Gulf
states link labor mobility to enhanced development outcomes in the
migrants’ home countries. They have highlighted the fact that, by
providing economic opportunities for low income migrants, the GCC
states are contributing to labor mobility-driven development in the poorer
states of Asia and Africa.
Within this framing of the issue, the GCC states have claimed to be
seeking ways to cooperate with sending country governments to enable
the circulation of skills and talent and ensure positive outcomes for the
sending countries, the labor receiving states, and the migrants
themselves. In addition to developing strategies with countries of origin
to address the vulnerabilities migrants are exposed to through the
transnational labor recruitment system, regional governments have
expressed commitments to promote migrants’ human rights and their
access to legal protection.
Within the ambit of the Abu Dhabi Dialogue, deliberations on the
migration–development nexus have largely drawn attention to how
migrants have provided economic and social contributions to their
countries of origin. There has been limited discussion of the social, civic,
and economic contributions made by migrants to the GCC states
themselves. This is reflective of the broader literature on the topic, which
consistently emphasizes the impact of migration on the development in
countries of origin while neglecting considerations of how migrants have
contributed to the countries of destination. The Abu Dhabi Dialogue
would benefit from supporting an analytic framework that considers how
migrants to the Gulf have contributed to demography, economic
development, as well as social production.
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International Policy Advances
Currently there is no single international body that governs international
migration, and as stated elsewhere, nation-states still maintain their
sovereign privileges of managing migration governance. International
migration encompasses a host of different categories of migrants, from
low skilled labor migrants to high skilled workers, refugees, asylum
seekers, and trafficked persons.
Policy making at an international level addresses these categories in
different ways. However, despite the lack of a cohesive international
migration regime, a host of international organizations focused on
migration have evolved under the United Nations’ umbrella, including the
ILO and the International Organization for Migration. Such
international efforts have created an atmosphere conducive to the
recognition that migration is a global phenomenon affecting states
everywhere, and accordingly international cooperative mechanisms are
required to deal with migration. In the current context of the GCC, policy
developments occurring at the international and supranational level are
having an impact on migration management at the national level.
While migration policy in the GCC developed in response to specific
national and regional challenges, it is also informed by broader, global
shifts in the discourse on migration. Throughout the world, peoples’
mobility across borders is more and more scrutinized and embedded in
issues of state sovereignty and governance. Borders are being made less
permeable, channels for permanent settlement for new migrants are being
narrowed, pathways to inclusion and participation pared down, and
criteria for citizenship made more stringent.
Beyond the impersonal machinery of the state clamping down on
potential migrants, it is the strong anti-immigration bent to the public
discourse in the developed world that indirectly supports these policies.
Indeed, throughout the developed world, recent trends indicate public
opinion moving sharply against migration. Much of this hinges on the
anxieties of governments and citizenry around the presence of new
migrants who could become eligible for full citizenship and place added
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pressures on the socio-economic and political capacity of the state.
Framing migration as a threat to the development of politically and
economically viable societies is a global phenomenon that is creating a
general climate of migration fear.
Enhancing the Scope for Regional Policy and Research
The Abu Dhabi dialogue has served as a key platform for the development
of regional policies to address both the weaknesses of the kafala and the
vulnerabilities that arise from existing recruitment channels. Within the
scope of this regional consultative process, there are additional areas where
the GCC states can expand their engagement on migration. There is also
a need to support scholarship and research on regionally pertinent issues
which could contribute towards the global dialogue on migration and
development. In this section of the paper, a few suggestions and
recommendations are provided for inclusion in the regional policy
platform as well as for research attention.
Development Impacts of Migration on Destination Countries
Migrants’ lives are clearly transnational, as they belong not only to their
countries of origin but, even if temporarily, also to the countries receiving
them. While migrants’ contributions to their countries of origin have long
been recognized – and there is an exhaustive body of empirical data on
this – there is a growing awareness of the need to better understand how
migrants contribute to the development of the countries of destination.
Systematic and empirically-based research on the development impact of
migration that moves the discussion beyond a review of regional labor
markets and demographic trends in the GCC is almost entirely absent.
Scholars across the social sciences have provided ever more
information on the experiences of migrants in the Gulf, and drawn critical
attention to their living conditions and work experiences. Research has
also been devoted to unpicking the structural alignments of regional
migration governance, such as the kafala, the regulatory environment, and
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the role of recruiters. However, there has been scant attention to how the
Gulf states have been affected by more than forty years of hosting large
migrant populations. Evidence-based assessments of the economic, social,
cultural, political and environmental impact of migration to the region are
critical. Such studies are essential for providing a conceptual framework to
guide regional policy makers, and for the formulation of broader,
coherent, and sustainable national development strategies for the GCC
states. Given the degree of resistance to the presence of foreigners by Gulf
nationals, academic exploration that addresses concerns over cultural
dislocation and social anomie would be very welcome.
Family Reunification
International conventions on the protection of migrants clearly recognize
that the reunification of migrant workers with their spouses and
dependent children should be considered an essential human right, but
policy discussion on this subject is often neglected in the GCC. Currently
across the region, there are no safeguards of migrants’ rights to family
unity. Rather, for decades certain categories of migrants have been given
more rights than others in terms of family unification. Family sponsorship
visas in the GCC states are for the most part tied to salary levels, with
only those migrants earning at certain prescribed levels being permitted to
sponsor their spouses and children to reside in the GCC with them. Low
income migrant workers are thus automatically excluded from the eligible
pool. Such selective policies work to guard the interests of states, which
have not had to face the social and economic costs of hosting a large,
uneducated, low-skilled foreign population. Given that family life is
considered such a fundamental human right, it is important that regional
policies on migration management seek to balance the states’ interests
with those of migrants.
Scholarship on other regions has demonstrated that solitary existence
has a potentially detrimental impact on migrants’ well-being, may affect
their occupational productivity, and may even have unintended
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consequences for the receiving state. Research is needed to assess the
impact of separation from family on migrants in the Gulf, and also what
effect hosting single migrants has on the society and culture of receiving
states. Many of the GCC states exhibit startling levels of gender
imbalance, with men vastly outnumbering women. In Qatar for example,
there are 308 men for every 100 women.23 This gender imbalance is a
direct result of hosting large numbers of single male migrants, who occupy
the lower echelons of the labor market.
While the state has implemented policies limiting family unification
in order to reduce the economic and social burden on the state and avoid a
longer-term diasporic presence, little work has been done on how effective
such policies are. Keeping migrants from their families may well translate
into potentially negative impacts on the social and cultural fabric of the
region, and research on this topic has broad implications for regional
policymaking.
Gender-specific Vulnerabilities
While over the past few decades the majority of migrants to the Gulf
region have been men, an increasing number of women are now also
migrating for work reasons.24 As with men, migration offers women new
opportunities to improve their financial situation, enhance their skills and
capacities, and contribute to the resources and development of their
homes and communities. However, studies of female migration have
clearly demonstrated the heightened vulnerability of women to
discrimination, exploitation, and abuse.25
The range of risks and vulnerabilities that women are exposed to
during the migration process are transnational in nature, occurring both in
the sending and receiving states. While making a decision to migrate from
their country of origin, women are less likely to have full and accurate
access to information and knowledge of overseas job opportunities
available to them, and are less well-equipped to navigate appropriate
MIGRATION POLICY AND GOVERNANCE IN THE GCC:
A REGIONAL PERSPECTIVE
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recruitment channels.26 Women may also have fewer financial resources to
cover the costs of migration when compared to their male counterparts,
and as a result are more prone to irregular or informal migration. Female
migrants are also more likely to end up in jobs not adequately covered by
labor laws, and often lack information on the rights and protections
accorded to them in the countries of destination.
Despite growing recognition that migration impacts men and women
in different ways, migration policy-making in the GCC has largely
remained gender-blind. Introducing a gender perspective to
understanding regional migration is essential, so that the particular
vulnerabilities and risks that female migrants are exposed to are better
addressed.
There is limited academic analysis of the conditions of women
migrating to the Gulf, and the literature that does exist largely focuses on
female domestic workers. Women migrants are present in the region not
just in domestic work, but across a range of skilled and unskilled sectors.
We must broaden our understanding of the economic opportunities
undertaken, work experiences, strategies, and life plans of female migrants
to the Gulf. The research on skilled Gulf migration focuses primarily on
the experiences of male migrants. Women migrate to the GCC both as
workers and as wives accompanying their husbands. Regional scholarship
on migration has paid scant attention to what the migration experience
entails for those women who come to the GCC with high degrees of
human capital development and education, and how they are integrated
into labor markets. This group of women often escapes the attention of
policy makers, as many do not change their sponsorship from dependent
wives even once they take up an occupation of their own.
Further empirical work is needed to determine the conditions of
skilled female migrants who are present in the GCC, particularly those
who initially migrate as dependents of highly skilled males but end up
contributing to the labor market.
LABOR MOBILITY: AN ENABLER FOR SUSTAINABLE DEVELOPMENT
[140]
Second and Third Generation Migrants
There is demonstrated evidence that many migrants, particularly those in
the mid- to high-skill categories, stay in the Gulf far longer than can be
termed ‘temporary.’ Despite regional governments’ policies of limiting
workers’ periods of residence, the existence of second and third generation
migrants in the six states makes it obvious that policy-making cannot
always control the changing demographics of a region.
The presence of second and third generation migrants indicates that
employers, and in fact the states themselves, have a vested interest in
retaining workers for longer periods than the stipulated two years. It
would also appear that despite the lack of access to citizenship rights,
certain categories of migrants are satisfied with their lives and jobs in the
region and look to extend their periods of stay. While media scrutiny and
international advocacy platforms give the impression that the conditions
for all migrants to the Gulf are abysmal, there are in fact vast differences
between how low skilled workers and the mid- to high-skilled workers
navigate the migration experience.
There is limited scholarship and analysis on the second and third
generations of migrants present in the Gulf. Data on their educational
qualifications and skill levels, their socioeconomic status and labor force
participation, their values, identity, and affiliations are sorely needed to
broaden scholarly understanding of this sub-category of Gulf migrants.
Diaspora communities also differ in how they interact with their countries
of origin; and exploration of the migration–development linkages between
long term residents of the Gulf and their home countries would contribute
both conceptually and theoretically to the literature on diaspora–home
state relations. Detailed analysis of the social, economic, and political
contributions that second and third generation migrants bring to their
countries of origin is much needed.
Temporary migration is seldom temporary across the GCC, and there
should be regional consideration of the needs of longer term migrant
communities or diasporas. Despite policies and practices aimed at
MIGRATION POLICY AND GOVERNANCE IN THE GCC:
A REGIONAL PERSPECTIVE
[141]
reducing the longer term presence of foreign workers and their families,
the percentage of non-nationals has consistently remained high over the
past two decades, and second and third generation migrants are part of the
factual reality of the region. As the number of citizens is far outstripped by
the needs of the marketplace, it makes sense to adjust policies and
strategies to the existence of long-term migrants and to the enduring
employment needs of the state. The second and third generation of
migrants can potentially make substantial contributions to the growth and
development of the GCC states, if policies and practices ensure that their
education and employment credentials are in line with national labor force
needs.
Attracting and Retaining the Highly Skilled
The GCC states are amongst the most significant non-OECD
destinations for high-skilled migrants.27 In the broader literature on
migration, it is assumed that when considering migration for employment,
people choose a destination based on a variety of personal and familial
assessments of the ‘push–pull’ factors. There is a lack of in-depth
understanding of the drivers and dynamics of the phenomenon of high-
skilled migration to the Gulf region. Increasingly, at the global level,
migration is being affected by the mobility of the highly skilled, and other
niche areas such as student migration. In the Gulf region today, there is a
need to expand the lens to take into account these specialized forms of
migration, and their development impact both on source countries as well
as countries of destination.
Conclusion
Developing a successful and effective multi-stakeholder dialogue on
regional migrant labor governance is a challenging process, but through
the Abu Dhabi Dialogue the six states of the Gulf Cooperation Council
have already made significant strides. Since the purpose of such an
engagement has been to build a shared understanding of the issues, and
LABOR MOBILITY: AN ENABLER FOR SUSTAINABLE DEVELOPMENT
[142]
create a common platform for joint action, the direct participation of
multiple actors, government and non-government, regional and
international, has already demonstrated an inclination for open and
transparent cooperation and dialogue.
The issue of managing migrant labor for both labor receiving and
labor sending countries continues to be a highly sensitive one, and while
the management of regional migration is not going to change dramatically
overnight, recent policy-making reforms indicate a willingness of all
parties to address some of the outstanding issues and develop modalities
for greater protection of workers. Building on this cooperation, it would
be fruitful to expand the areas of policy engagement and research focus,
and strengthen cooperation between regional academics and policy
makers, so that a diverse agenda of issues can be debated and addressed.
LABOR MOBILITY: AN ENABLER FOR SUSTAINABLE DEVELOPMENT
[230]
David McKenzie, “Learning about Migration through Experiments,”
CReAM Discussion Paper 07/12, Centre for Research and Analysis of
Migration, University College London 2012 (http://www.cream-
migration.org/publ_uploads/CDP_07_12.pdf); and Khalid Koser,
“Assessing the Impact of Migration Policies on Economic and Social
Development,” in Irena Omelaniuk (ed.), Global Perspectives on
Migration and Development (New York, NY: Springer, 2012), pp. 173–
184.
39. Gardner, op. cit.
40. See for example: David McKenzie, Caroline Theoharides, and Dean
Yang, “Distortions in the International Migrant Labor Market:
Evidence from Filipino Migration and Wage Responses to
Destination Country Economic Shocks,” Working Paper, University
of Michigan Dept. of Economics, 2012 (http://www-personal
.umich.edu/~deanyang/papers/mckenzie%20theoharides%20yang%
20-%20distortions.pdf).
41. Economist Intelligence Unit (EIU), “The GCC in 2020: The Gulf and
its People,” report sponsored by the Qatar Financial Centre Authority.
Economist Intelligence Unit, 2009 (http://graphics.eiu.com/upload/
eb/Gulf2020part2.pdf), p. 17.
42. Gardner, op. cit.
Chapter 6
1. Ugo Fasano-Filho and Rishi Goyal, “Emerging Strains in GCC
Labor Markets,” in Emerging Strains in GCC Labor Markets, IMF
eLibrary, 2004, p. 6.
2. Helene Thiollet, “Migration as Diplomacy: Labor Migrants,
Refugees, and Arab Regional Politics in the Oil-Rich Countries,”
International Labor and Working-Class History, vol. 79, no. 1, 2011,
pp. 105–107.
NOTES
[231]
3. Ingo Forstenlechner and Emilie Jane Rutledge, “The GCC's
‘Demographic Imbalance’: Perceptions, Realities and Policy
Options,” Middle East Policy, vol. 18, no. 4, 2011, p. 27.
4. Martin Baldwin-Edwards, “Labor Immigration and Labor Markets
in the GCC Countries: National Patterns and Trends,” Kuwait
Programme on Development, Governance and Globalisation in the
Gulf States, 2011, pp. 9, 11.
5. Ibid., p. 8.
6. Anh Nga Longva, “Keeping Migrant Workers in Check: The Kafala
System in the Gulf,” Middle East Report no. 211, 1999, pp. 20–21.
7. Gwenann S. Manseau, “Contractual Solutions for Migrant
Labourers: The Case of Domestic Workers in the Middle East,”
Human Rights Law Commentary no. 3, 2007, pp. 25, 30.
8. Muhammad A. Auwal, “Ending the Exploitation of Migrant
Workers in the Gulf,” The Fletcher Forum of World Affairs, vol. 34,
no. 2, 2010, pp. 93, 100.
9. Social and Economic Survey Research Institute, Annual Omnibus
Survey: A Survey of Life in Qatar 2011.
10. Hamida Ghafour, “Bahrain Introduces Job Switch Visa Rules,” The
National, August 1, 2009.
11. For further details see : UAE Ministry of Labor, “ Wages Protection
System Guideline” (http://www.mol.gov.ae/english/wpsGuideline
Eng.aspx#1).
12. “Saudi to Introduce Bank Wage System for Expats: Employers to
Transfer Salaries of Workers to Banks to Protect their Rights,”
Emirates 24/7, January 24, 2012.
13. “The UAE Wages Protection System, its Processes and Players,”
CPI Financial, Issue 111, October 2009, p. 3.
LABOR MOBILITY: AN ENABLER FOR SUSTAINABLE DEVELOPMENT
[232]
14. Oman Ministry of Manpower, Article 18 B, Labor Law, Sultanate of
Oman, 2012.
15. Interview between author and Qatar MOL officials, June 2013.
16. Ibid.
17. Government of India, “UAE and India to Activate an Electronic
Contract Registration and Validation System to Stream-line the
Employment of Indian Contract Workers,” Press Information
Bureau, April 4, 2012.
18. “GCC Draft Law on Domestic Workers Ready,” The Peninsula,
March 25, 2013.
19. In 2012 Qatar’s Permanent Population Committee carried out a
survey amongst Qatari nationals on Citizens’ Knowledge and Trends
Towards Population Issues. According to the survey, 82 percent of
the respondents stated that Qatar suffers from a demographic
imbalance. The two main areas of concern expressed were around the
negative social and cultural impacts on Qatari identity, and on the
competition for employment as foreigners dominate the labor
market.
20. “Integrating Foreign Workers Issues into Qatar Strategies and
Policies,” the Permanent Population Committee, Qatar, 2011, pp.
33–35.
21. Ibid. p. 35.
22. Abduoulaye Diop, Mark Tessler, Kien Trung Le, Darwish Al-
Emadi, and David Howell, “Attitudes Towards Migrant Workers in
The GCC: Evidence from Qatar,” Journal of Arabian Studies: Arabia,
the Gulf, and the Red Sea, vol. 2, issue 2, 2012.
23. “Qatar Population Status 2012,” Permanent Population Council,
Qatar, 2012, p. 20.
24. Manseau, op. cit., pp. 27–28.
NOTES
[233]
25. Ibid., pp. 33–35.
26. Pamela Philipose, “Global Gulf Journeys: Securing the Lives of
South Asia's Women Migrants,” Women's Feature Service, June 11,
2012; and Nicola Piper, “Feminization of Labor Migration as
Violence Against Women International, Regional, and Local
Nongovernmental Organization Responses in Asia,” Violence Against
Women, vol. 9, no. 6, 2003, p. 727.
27. Frédéric Docquier, Çaaglar Özden, Christopher Parsons, and Erhan
Artuc, “A Global Assessment of Human Capital Mobility: the Role
of non-OECD Destinations,” No. 2012022. Université Catholique
de Louvain, Institut de Recherches Economiques et Sociales (IRES),
2012, p. 3.
Chapter 7
1. Larry Elliott, “New-wave Economies Going for Growth,” The
Guardian, December 18, 2012 (http://www.guardian.co.uk/world/
2012/dec/18/booming-economies-beyond-brics).
2. Ibid.
3. World Bank, “Prospects: Migration & Remittances Data,” 2012
(http://econ.worldbank.org/WBSITE/EXTERNAL/EXTDEC/EX
TDECPROSPECTS/0,,contentMDK:22759429~pagePK:6416540
1~piPK:64165026~theSitePK:476883,00.html#Remittances).
4. “Asia 2050 and Bangladesh,” The Daily Star, June 15, 2011
(http://archive.thedailystar.net/newDesign/news-
details.php?nid=189963).
5. “Bangladesh Ahead of India in Gender Equality: Amartya Sen,” The
Hindu, January 5, 2013 (http://www.thehindu.com/news/national/
bangladesh-ahead-of-india-in-gender-equality-amartya-sen/article
4277151.ece); and Roy, op. cit.