Kafala and its Defenseless Victims
Rape
is one of the many risks Lebanon’s migrant domestic workers face as
a consequence of the power imbalances created by the
sponsorship (kafala) system. The system renders workers
overly dependent on both recruitment agencies and employers, neither
of whom are adequately regulated by government agencies. This legal
framework of bondage is compounded by gender, racial, and economic
stratifications that render workers even more vulnerable to abuse.
These overlapping constraints furthermore limit workers ability to
report misconduct, as migrants who leave abusive
employers may jeopardize their visa status and because
authorities are often apathetic to their distress. Workers often
chose not to report abuse because receiving a positive, enforced
verdict is unlikely and rarely worth the risk.
Consequently,
the abuses domestic workers face are purposefully invisibilised;
grass-roots organizations such as KAFA
and the Anti-Racism
Movement work to elevate these narratives into popular and
government consciousness. As a result of their efforts,
Lebanese media has increased coverage of exploitation, suicide,
sexual abuse, and other migration issues over recent years. But
last week Beiruti’s al-Akhbar published a uniquely
in-depth report on a rape crime committed against an Ethiopian
domestic worker in the Northern Lebanese village
of Kousha.
of Kousha.
Raped But Received Little Help
The
detailed coverage was possible because the victim, Betty, lodged a
complaint with the local police station, and received rare support
from her new employers. Betty narrates her story in the
following video, which also features a short interview with her
lawyer.
Betty
had previously worked in Lebanon, but she was only one week into a
new job when the crime occurred in December 2013. Her elderly female
sponsor ‘returned’ her to the recruitment agency following a
disagreement, a common practice by which dissatisfied employers are
able to recuperate their financial investments. Employers can receive
another worker, while the workers are typically forced to stay in the
agency building until another employer is located for them or until
they are (often forcibly) returned home. This ‘exchange’ service
poignantly illustrates the commodification and dehumanization of
migrant domestic labor, which further estranges workers from their
rights.
Rape is One of Job Descriptions at Lebanese Recruiter's
Upon
arrival, the recruitment agency’s young secretary called Betty an
“animal” and promised “to teach her a lesson.” She then
summoned in a 40-year-old Lebanese man, whose job description entails
“disciplining domestic workers.” He proceed to slap Betty and
ordered her to strip. When she refused, he told her she has been
accused of thievery and that he must search her. Following the
search, he tells the secretary that “she is clean” only to start
beating Betty with his belt. He then rapes Betty, the sound of her
screams reaching the secretary who does nothing to intervene, and
threatens her to keep quiet about the incident. Medical reports
later evidenced the abuse to Betty’s body, including to her
genitalia.
Betty
revealed her harrowing experience to her new sponsors, who
immediately sought to seek redress. They pursued several
lawyers, but only Mohamed Abu Shahin was willing to take the case. In
a report
for LBC News, the Abu Shahin states “we cannot be sure that the
accused has not raped other victims before.” The secretary and the
accused rapist are currently in custody as the trial proceeds, while
the agency owner – a female Lebanese lawyer herself – has refused
to comment on the case.
Betty’s
experiences represent an untold number of incidents, but her public
discussion of the crime does more than bring attention to chronic and
structural exploitation; her courageous decision furthermore
reinforces her agency, a humanizing characteristic often obscured in
media representations. By reclaiming control over her own narrative,
she counters facile depictions of domestic workers as passive victims
requiring rescue by the dominant society; instead, she and other
workers become compatriots contesting social and legal
disenfranchisement.
Betty is NOT Alone
Betty’s
case also reflects the spectrum of experiences migrant domestic
workers face in Lebanon; physical and sexual abuse on one end, her
employers’ eager commitment to ensuring her justice on the other,
and her prior experiences likely falling somewhere in between. This
variability is due to the under-regulation of the sponsorship
system and recruitment agencies, as well as the obstacles to legal
redress. Though Lebanese authorities have repeatedly
pledged reforms to these heavily entwined spheres, lack of
political will and under-enforcement have failed to correct the
structural disempowerment of migrant domestic workers.
Lebanon’s
civil society has worked diligently to push reform of the sponsorship
system. One year ago, five Lebanese NGOs (Caritas
Lebanon Migrant Center, KAFA
(Enough) Violence & Exploitation, Insan
Association, Amel
Association International, and the Anti-Racism
Movement), in collaboration with the Ministry of Social Affairs,
launched the “Fi
Shi Ghalat” (Something Is Wrong) campaign to abolish the
sponsorship system. The groups highlighted essential rights comprised
by the system, including:
the
right to be paid on time
the right to quit job
the right to keep her passport and belongings
the right to a system that protects her well-being, humanity and labor right
the right to a set hours of rest, including a day off outside the house
the right to quit job
the right to keep her passport and belongings
the right to a system that protects her well-being, humanity and labor right
the right to a set hours of rest, including a day off outside the house
The
alliance continues to raise awareness through TV
and radio campaigns, as well as its website. KAFA has proposed a
thoroughly researched alternative
to the sponsorship system, which includes measures to improve the
entire trajectory of the migration process – from recruitment
regulations to access to social protections sand legal recourse.
The
legal outcome of Betty’s case is uncertain, and enforcement of any
ruling is even less assured. But the circulation of her story
reflects as well as contributes to the growing social awareness of
migrant domestic worker issues in Lebanon.
Source: MigrantRights
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