Bahrain: Migrant rights and the war on human trafficking
Bahrain is committed to defending migrant rights and combating human trafficking.
LONDON - Bahrain has reaffirmed its pledge to protect the rights of migrant workers and to counter forced labour and human trafficking, according to Mr Ausamah Al Absi, the chief executive officer of the Bahrain Labour Market Regulatory Authority ('LMRA').
On 3 May 2018, the South Asia and Middle East Forum hosted the special session 'Bahrain: The Way Forward' at the Royal Air ForceClub in London's Mayfair.
The special session was chaired by Mr KhalidNadeem, who is the founder of the South Asia and Middle East Forum and has been its chairman since its inception in 1998. Mr Nadeem trained as a lawyer and has experience in both the finance and property sectors.
The two keynote speakers were Mr Al Absi, who also serves as the chairperson of the National Committee for Combatting Trafficking in Persons, and Revd Mr Martin Kettle, a policy adviser in the Mission and Public Affairs Division of the Archbishops' Council, Church of England.
Forum guests included diplomatic personnel from the Embassy of the Kingdom of Bahrain and the Embassy of the Republic of the Philippines, as well as representatives from Ministry of Defence, Foreign and Commonwealth Office, Metropolitan Police, Church of England and House of Lords. Royal members of Bahrain and Serbia, respectively, were also among the guest list.
Mr Al Absi opened the session on migrant rights and human trafficking in Bahrain with a concise account of Bahrain's labour market and the corresponding law and regulations on migrant rights.
Migrant Rights
Foreign workers in Bahrain consists of around 55% of the total population and 83% of Bahrain's labour market. The first legal regime regulating migrant workers was introduced in 1962. However, the inflexibility of this system has proved inadequate for today's fast-moving economy.
Under the original sponsorship system, employers and employees were tied to each other through their contracts, which curbed the legitimate supply of migrant labour as demand continued to soar. This major restriction nurtured a lucrative black market of illegal labour creating a hotbed of human rights infringements, including forced labour and inadequate working conditions.
Mr Al Absi embarked on a project of labour market reform in 2004, at a time when the unemployment rate had peaked 17%. Two years of lobbying and raising public awareness resulted in new reforms that enabled foreign workers to move between employment without the consent of their employers. It also provided workers with leave to remain after the expiry of their work permits, allowing them to seek new employment and removing the intimidation of deportation.
In the face of a substantial number of illegal migrant workers, Mr Al Absi introduced the 'Flexi Permit' programme in July 2017. The renewable two years' residency permit with re-entry visa that allows expatriates with expired to terminated work permits to work and live in Bahrain without the consent of an employer or sponsor.
However, the number of applications in the first eight months was far below expectations, with fewer than 5,000 applicants. The challenge, as Mr Al Absi concluded, was attributed to the lack of trust and communication channels between the authorities and the migrant worker community over the past few decades.
Mr Al Absi assured the audience that strengthening the ties between the government and the migrant community as well as expanding the eligibility of the Flexi Permit programme would be the keystone of his agenda in the forthcoming years.
Counter-Trafficking in Persons
Bahrain
As the Chairman of the Bahrain National Committee for Combating Trafficking in Persons, Mr Al Absi saw human trafficking as a by-product of the moribund sponsorship system and has helped to establish a complete mechanism and procedures to code with the issues.
In 2015, Mr Al Absi introduced the Expat Protection & Service Centre for migrant workers requiring immediate help and protection. Facilities were set up at visible locations with easy access and a police presence. The centres provide emergency numbers in seven languages, shelter with 200 beds for both genders, clinics for medical and psychological services and representatives from human rights organisations.
Therefore, Mr William Lacy Swing, the Director General of the International Organisation for Migration (IOM), has praised the launch of the centre as 'an excellent example of best practice' and considered Bahrain to be 'a global role model for its practises in dealing with foreign workers'.
In response to Mr Nadeem's question of tackling the sexual abuse of domestic workers, Mr Al Absi referred to the National Referral Mechanism(NRM), which provides an immediate response to reports and undertakes follow-up investigations. The NRM also cooperates with religious organisations and embassies to further reach out to migrant communities and potential victims.
In addition, Mr Al Absi explicitly illustrated the cases of an Anglican priest who acts as an intermediary and the PhilippineEmbassy, which has set up shelters in Bahrain and has established a pre-departure educational programme to their nationals.
In conclusion, Mr Nadeem opined that Bahrain has made significant progress on establishing protection procedures for migrant labour and has become a role model for neighbouring countries such as Kuwait, United Arab Emirates, Saudi Arabia and Qatar, as well as many East Asian countries including Pakistan, Bangladesh, Nepal, Indonesia. All who could learn from the Bahraini experience.
United Kingdom
Mr Kettle has visited Bahrain's immigration detention centre and participated in aid programmes with financial support from the Foreign Office of the United Kingdoms. He spoke of the British experience in combating forced labour and human trafficking.
In 2017, the UK's national referral mechanism received 5,145 referrals from around the country, which included 2,180 minors that were mainly taken for drug trafficking and cannabis farming from areas across the country. Labour and sexual deportation, as well as domestic servitude, are still rampant in the UK, and British nationals are the most common sources of the national referral mechanism.
Under the circumstances, the Church of England has been participating in combating human trafficking and set up initiatives to cope with the issues. Near half of the total 42 dioceses have been working actively to tackle forced labour and human trafficking, which include setting up training courses with guidance to distinguish the disguised places like carwashes and agricultural sites as modern-day slave caches.
Mr Kettle concluded his speech by providing a few priority suggestions for both the UK and Bahrain to continually tackle such crimes:
Continuation of the existing initiatives to address the shortcomings of the sponsorship system;
Extended use of the ReferralMechanism will further enhance the transparency of the issues;
Criminal sanctions on companies that have engaged in human trafficking;
Encouraging independent academic research;
Engagement with civil and religious groups;
Cooperation with other countries.
Statements
Mr Nadeem believed that every nation has a moral obligation to advise and assist the combat of human trafficking and raising the living standards of migrant workers:
The forum is of the opinion that certain South Asian countries are neglecting the interest of their nationals, such as failing to protect them in terms of security and welfare. It is regrettable that South Asian countries have consistently fallen below international standards with regard to the protection of their nationals which has been well documented by Mr Al Absi. More consultations with Western states like the UK should be provided in terms of advice and assistance to South Asian governments in dealing with Gulf governments.
At the end of the special session, Mr Reydeluz Conferido, the Philippine labour attaché, concluded:
At the end of the day, there are many ways to address the problems. We look at these problems not just as ways of legal problems, but as humane issues. People are realising what they are getting are not just workers. Because workers are just something higher than machines. You are getting human beings just like you, with blood and heart and soul, who need compassion and understanding.
PLEASE NOTE: The original content of this blog post is based on the post-event press release Bahrain: The Way Forward published and distributed to the attendees in May, which I served as a liaison officer and photographer of the event, as well as the contributor and main editor of the press release. Modifications of the original text have been made to adapt to the blog format.
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