Context: Within hours of the fatal fire that killed 49 migrant workers a majority of whom are Indians – in Mangaf area of Al Ahmadi municipality, Kuwait, several actions were taken immediately.

• It highlights the dire working conditions of a significant portion of the Indian diaspora in the Gulf region. This event underscores the lack of safety provisions and the exploitation faced by migrant workers, particularly under the kafala system.

What is the Kafla system?

• The Kafala system is a sponsorship system used in several Gulf Cooperation Council (GCC) countries, including Saudi Arabia, Qatar, Kuwait, Bahrain, Oman, and the United Arab Emirates. It governs the legal status of migrant workers, particularly those from other countries in Asia and Africa, who come to work in these countries. It binds migrant workers to a specific employer, known as the “kafeel,” who is responsible for the worker’s visa and legal status.

• Note:  sponsorship by local sponsor or employer in West Asian countries

Working Conditions and Safety Provisions

• Inadequate Safety Measures: The labour camp lacked basic fire safety provisions like fire exits and firefighting equipment, contributing to the high casualty count.

• Overcrowding and Vulnerability: Reports indicate the building was overcrowded, exacerbating the rapid spread of the fire and highlighting the vulnerability of migrant workers.

• Government Response: The Kuwait government has initiated an investigation and vowed to hold those responsible accountable, signaling recognition of systemic failures.

Exploitation and Legal Protections

• Vulnerability to Exploitation: Indian workers in the Gulf, including Kuwait, often face exploitation due to the kafala system that ties them to their employers, limiting their rights and mobility.

• Remittance Contribution: Indian workers in the Gulf contribute significantly to India's economy through remittances, underscoring their economic importance despite challenging conditions.

• Legal and Support Challenges: Legal redressal for migrant workers is cumbersome and expensive, compounded by language barriers and lack of legal aid, leaving them largely unprotected.

Policy Measures and Legislative Reforms

• Existing Policy Framework: India has signed MoUs with Gulf countries to improve worker recruitment and legal protections, but implementation remains ineffective.

• Need for Legislative Updates: The outdated Emigration Act fails to adequately protect migrant workers, necessitating urgent legislative reforms.

• Government Responsibility: There is a pressing need for the Indian government to prioritize migrant worker welfare in policy and law, ensuring their safety and rights are upheld abroad.

Conclusion

• Kuwait’s promises for reform must be scrutinized as systemic changes, not temporary measures, are needed to truly protect and empower migrant workers.