Law Research Paper "Kafala System "
Learning Outcome Assessment III
Proposal (Khafala System)
Abrar Saeed M. ALzahrani
Prince Mohammad Bin Fahad University
introduction:
Our Topic: “Kafala system” The kafala, or the sponsorship, system is based on the Bedouin “those are the people who have built the governmental system in the countries that are using kafala system” and according to that information which was relating to the history we find out who creates it. principle of hospitality, which sets certain obligations in the treatment and protection of foreign guests. Historically, the kafala system functioned as a mechanism for hosting foreigners in their societies. Through the system, the host vouched for the foreigners’ visit and assumed responsibility for their behavior. The system also obscure that the “Kafeel” sponsor was responsible for the safety and protection of foreigners and guests.
Importance and limitation of topic: since a lot of workers had suffered from the Khafala system in unfair way, I decided to write about how khafala system laws to prtect the workers. The paper describes on which reforms could be formulated to give Khafala a better outlook. This is clearly shown through scientific papers, media reports, official reports, policy papers and court decision. Which measures then should be put in place to avoid violations of human rights again? How should such measures be formulated to ensure that they are implemented by everyone? It also discusses the responsibilities of employer, the government and global community in mitigation of those problems.
We are not going to study in our research serval topics that have no relationship with laws. We decided to not to talk about Khafala system in its economics effect of the country that’s applies it the Khafala laws or even the countries that deals with it. We also won’t discuss the political situation of our topic, such as the effect of the Khafala of the world politics and what does it says. Third thing we won’t talk about is the way khafala system work in details, also the procedures that allows to have or have not apply it.
Literature Review:
Recent media reports from Saudi Arabia states that ministry of labor has come up with new legislations that will bring sponsorship to the kingdom. This changes would transfer the sponsorship system to recruitment and placement agencies for hiring employees temporarily for becoming permanent employees (Khan and Haroff 2011). There would be a total of 13 recruitment companies with five officials in each with newly created agencies called Foreign Workers Affairs Agency which would have branches all over the country. It also proposed formulation of an insurance program that would compensate employers for all losses incurred. The insurance cover would also cover airfare in case of deportation of any employee Mobility,http://www.ceslam.org/docs/publicationManagement/Kafala_Nepali_Domestic_W orkers_Female_Migration_Eng. pdf.
On predeparture Orientation training, the government is also revising approaches to predeparture and the curriculum. Predeparture training is not specific for a given country
(Bajracharya and Sijapati 2012). Detailed oriented and practical packages should be developed keeping in mind the need and necessity of the domestic workers. During the orientation, employees should be provided with the addresses of agencies, phone number and institutions contact in case of emergencies.
Research Question:
The system serves a social purpose by emphasizing the temporary nature of migrant workers’ presence in the country. As such, even if the worker lives in the country for a long time, he or she does not acquire citizenship rights, with its alleged negative impact on social cohesiveness. Under the system, a migrant worker’s immigration status is legally bound to an individual employer or sponsor (“kafeel”) during the contract period. The migrant worker cannot enter the country, transfer employment nor leave the country for any reason without first obtaining explicit written permission from the kafeel. what does the Kafala system serves? What laws could protect people that under this law?
Variables :
Dependent variables are divided to two one of them is the quantitative and the other is the qualitative. Starting with the quantitative, which is the number of workers who are committed to the Kafala system and the one who supervise them. qualitative are the laws that applying.
Independent variables main things that they are depending on the dependent are the rules are held by the quantitative.
Methodology : This type of research focuses on objective knowledge, research questions that can be answered yes or no, and operational definitions of variables to be measured. The empirical-analytical group employs deductive reasoning that uses existing theory as a foundation for formulating hypotheses that need to be tested. This approach is focused on explanation.
Limitations :
The limitations of the study are those characteristics of design or methodology that impacted or influenced the interpretation of the findings from your research. They are the constraints on generalizability, applications to practice, and/or utility of findings that are the result of the ways in which you initially chose to design the study and/or the method used to establish internal and external validity.
Conclusion
In conclusion, I’d like to say that my research is going to be a study about the Kafala system in different views of the writers. We talked in our proposal about how our research briefly will discuss the topic in the main research. The importance of the research was to clarify what we’ll discuss. The limitation is not to talk about things that are not laws.
Bibliography
1. Bajracharya, R., & Sijapati, B. (2012). The Kafala system and its implications for Nepali domestic workers
2. Harnessy (2009). Kafala System Remains Resilient in the GCC and Labor Market Authority. Browser Download This Paper.
3. Khan, A., & Harroff-Tavel, H. (2011). Reforming the kafala: Challenges and opportunities in moving forward. Asian and Pacific Migration Journal, 20(3-4), 293-313.
4. Kyriazi, T. (2017). Human trafficking in the Middle East. In Routledge Handbook of Human Trafficking (pp. 121-134). Routledge.
5. Murray, H. E. (2013). Hope for reform springs eternal: how the sponsorship system, domestic laws and traditional customs fail to protect migrant domestic workers in GCC countries. Cornell Int'l LJ, 45, 461.
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