Introduction
Low average salary and limited benefits offered by local employers in the Philippines are the two main reasons why individuals work abroad. Many Filipinos look for a better opportunity in other countries hoping for a bigger income. Some who went overseas gets luck and some unfortunately didn’t. College graduates with different degrees and specialization are estimated to be bigger than the job vacancies here in our country resulting to the rising percentage of unemployment.
On the other hand, members of the Gulf Cooperation Council (GCC) offers the Kafala or Sponsorship system wherein a foreign worker would only be handled by a sponsor. The sponsor is responsible and makes an investment to the foreign worker by paying the visa and other papers needed in the validation process. Foreign worker becomes vulnerable to exploitation in other countries by being dependent on his employer that holds her legal documents.
In Kafala System, there is no contract between the exact employer and worker, only contract between the recruitment agency and worker are given that diminishes worker’s labor rights.
Pros and Cons of being a foreign worker in Kuwait
Besides of being member of the Gulf Cooperation Council, Kuwait is a small country, petroleum-based economy. The Kuwaiti dinar is the highest-valued unit of currency in the world and according to World Bank, Kuwait is the fourth richest country in the world per capita and one of the largest makers and exporters of oil.
The following are interesting facts and Pros on why Kuwait has a good economy:
(1) Kuwait is not a populated place which lets them to hire more foreign workers.
(2) Kuwait gives opportunity to its neighboring countries in Asia like Philippines.
(3) Kuwait recognizes the religion of non-Muslim citizens and lets them free to worship in their own belief.
(4) Kuwait has a high standard of living.
(5) Kuwait is a civilized society but maintain its autonomy from the government.
(6) Kuwaiti Nationals mainly works on the government sector.
Unfortunately, not everything flows in good condition. Several complaints arrived on the Philippine Embassy in Kuwait regarding with the nature of work. Many Filipino workers suffer from financial, emotional and sociological problems. They tend to escape from their sponsor and slip away the nightmare of their decisions, but this action results to their illegal residency.
Cons:
(1) Filipino workers claim for unpaid wages.
(2) Filipino workers in Kuwait experience extreme exploitation and oppression.
(2) Legal rights of worker were being deprived.
(3) Complaints of Filipino workers will make their relationship with the sponsor difficult.
(4) Legal documents were processed by sponsor, and confiscation of passports are just a common practice of sponsors.
(5) Filipino workers became illegal in Kuwait due to the lack of their legal papers.
(6) Filipino workers are being abused in different forms: verbal, physical, sexual abuse
The pivotal issue of our fellowmen in Kuwait is the maltreatment they are experiencing as of today. Poverty is what urges them to work abroad, flowering words that had been promised to them from the beginning and then afterwards they suffer to the changes that had been made by their sponsors.
Some Filipino workers are blessed with their sponsor, some are not. Many Filipino workers dream that someday they may reap the fruit of their labors and sacrifices in other country but unfortunately, it won’t turn to a reality due to the economic challenges.
Many Filipinos in Kuwait are being deceived in terms of salary matters. Employers tend to deduct their wages in every little or unwanted things foreign workers had made even if they just did the right decision on their jobs, the foreign worker will always be in the panel of wrong actions and will always subject to improper behavior.
Some of our fellowmen who works in the domestic sectors are of no choice in their situation with the Kafala System, that they were stuck and being forced to work by fear of penalties. Complaints are not welcome to their sponsors that results in their escape.
The Universal Truths: Human Right and the Westernizing Illusion by Amartya Sen in SNYDER suggests the idea that the human rights are being neglected by many people especially those who resides in the world’s top ten supplier of oil. Despite of having a good outcomes by Filipino's dedication on work, some employers degrade their abilities and capabilities.
Concept of realist rises as the mighty one dominates the weaker party. Some nation gives much importance on their beliefs and cultural dominance to other countries not knowing that there is a more important thing in this world which is to restore the humanity.
International level of analysis offers an idea on why Kafala System were made and used by Kuwait government and other GCC Countries. First and foremost is to secure that their people will be protected against any harm and conflicts between their nationals and foreign workers.
Second is to achieve their economic goals without any intervention of foreign workers.
Contracts to be signed by parties
Contracts are essential document all over the world. It justifies any compact being made between parties of the same or different nationalities. Violation of contracts are always subject to execution. Through brief and concise contracts, individuals are free from oppression.
(1) There should be a three (3) required parties in the contract of Kafala System of Kuwait and other GCC Countries that will also give security to the foreign worker and not just for the employer. The basis of this are the facts gathered regarding with the situation of Filipino workers in Kuwait.
(2) Filipino workers in Kuwait and other GCC Countries should be aware of the nature of their works, and proper orientation to be given.
(3) Any act of violation/s made by party is subject to legal procedures of law and jurisprudence regardless of their nationality.
PH Government
Government lies near in the heart of many matters such as public concerns, public health and especially on International Relations. IR theorist give us the opportunity to analyze and understand the concept of other countries when it comes to public service.
The ratification of present Kafala system in Kuwait and other GCC Countries may take a long time in pursuing this matter. As we give importance to our fellowmen’s sacrifices and hard work, the PH government is in charged with the assessment of the herein proposed policy and considered to be the main actor of this project.
The Bilateral Agreement between Philippines and Kuwait must be strengthen, as well as to other member of GCC Countries. Contracts made between two or more nations must always be for the benefit of mankind as a whole.
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