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Running Head: DOMESTIC WORKERS IN KUWAIT 1
Domestic Workers in Kuwait:
A Comparison to the United States
Drew Shawl
SOC 3400
Dr. Strassberg
2-14-2014
DOMESTIC WORKERS IN KUWAIT 2
Abstract
This essay focuses on the domestic worker social problem within Kuwait compared to the
United States. The essay explores how the social problem is constructed within both countries.
Special attention is paid to who the claimsmakers of the social problem are, and how they are
spreading their claims. The Human Rights Watch (HRW) organization actively makes claims
and creates policy to address the domestic worker social problem in Kuwait. They focus mainly
on reforming the Kafala sponsorship system, but their efforts to reform this system fail for a
number of reasons. The United States frames the domestic workers social problem under human
trafficking. This essay explores the effects of the policies effecting the social problem in both
countries.
DOMESTIC WORKERS IN KUWAIT 3
Domestic Workers in Kuwait
The practice of hiring domestic workers is growing across the globe. As it does, the
mistreatment of these migrant workers is receiving more attention. Oftentimes domestic workers
migrate to foreign countries with hopes of starting new lives. Many domestic workers are
abused, under paid, and have little to no rights. Some might ask, if their working conditions are
so bad, why not return home? It is not that easy. Many domestic workers are dependent on their
employers for wages, food, clothing, and shelter. Since the employers control these essentials,
they have the power to dictate what their domestic worker can and cannot do.
The United States also has a domestic worker social problem, but it is framed within the
social problem of human trafficking which causes policymakers to focus on human trafficking
instead of domestic workers. This essay will address the domestic worker social problem inside
of Kuwait compared to the US, and who the claims makers are, how the claims are being spread,
what policymakers are proposing, and how the public reacts to these policies.
Identifying the Kuwait Situation
The practice of employing domestic workers is extremely engrained into the Kuwaiti
culture. Even before Islam spread throughout the Middle East, the use of slaves as domestic
housekeepers was prevalent. A study done by the John Hopkins School of Advanced
International Studies (SAIS) says that “From the 8th to the 13th centuries, there were military
slaves and agricultural slaves, but the majority of slaves were females who worked as domestic
servants” (Aaserud p. 11, 2013). Given the long history of domestic slaves in the Middle East, it
is not hard to see that this tradition has been modernized into the employment of domestic
workers.
DOMESTIC WORKERS IN KUWAIT 4
Even though the label has changed, the mistreatment of domestic workers still resembles
the treatment of domestic slaves. Islam tried to regulate and humanize slavery at the beginning of
its spread (Freaman, 1998). However, there were still “accounts… of slaves being treated
unfairly or violently” (Aaserud p. 12, 2013). Slaves were considered property, and had limited
rights just like domestic workers in Kuwait today.
Domestic Workers Today
Kuwait has one of largest amounts of domestic workers per population in the world. The
SAIS found that Kuwait has “660,000 domestic workers in a population of 2.7 million” (Aaserud
p. 10, 2013). Even though majority of their population are foreign domestic workers, the Kuwaiti
government still limits rights to citizenship and gives them the legal status of “temporary
workers.” This means that domestic workers are exempt from all labor laws. Furthermore they
have limited legal rights to independence and movement outside of their employers’ home
(Aaserud p. 13, 2013).
To further worsen the situation, many of these domestic workers’ vulnerability begins
before they enter the country into which they are migrating. Economic reasons are the most
common cause leading to domestic workers’ migration. The workers come from poverty and
have few options to make a living in their home country, so they migrate to other countries. In
order to migrate, domestic workers often use loans. Employers, like the ones in Kuwait seek out
the domestic workers and promise a decent wage and livable conditions (Aaserud, 2013). This
means that as soon as the workers’ arrive they are dependent on their employers.
Once workers have arrived, they are often times subject to abusive treatment by their
employers. Domestic workers have very little chooses in these situations because they are
DOMESTIC WORKERS IN KUWAIT 5
confined to legal regulation of their local kafala (sponsor). This makes domestic workers “a
group vulnerable to abuse” because they lack adequate legal representation (Aaserud p. 13,
2013). Without any voice or ability to protest their own situation because of their economic
vulnerability and legal representation, the domestic workers have no choice but to be victimized.
The Claimsmakers
The social problems process begins with the claimsmakers. The origin of these
claimsmakers is important in understanding the development of the social problem. Instead of
starting at the grass roots of the problem, the claimsmakers are external in the domestic workers’
situation. Domestic workers’ rights and movement are under so much regulation that it is nearly
impossible for them to come together in protest. This has resulted in the need for external
intervention by international human rights groups.
Many groups have taken it upon themselves to become the claimsmakers in this situation.
The most prominent of these claimsmakers is the Human Rights Watch (HRW). A HRW report
entitled “Walls at Every Turn” states that domestic workers in Kuwait are subject to “long
working hours without rest, and physical, sexual, and psychological abuse” (Walls at Every Turn
p. 3). They have constructed this problem as a violation of domestic workers’ human rights.
The blame for these actions falls unto the Kafala System (sponsorship system). This
system is responsible for many of the legal restrictions on domestic workers. In “Walls at Every
Turn,” the HRW outlines the system’s operations:
Kuwait’s kafala (sponsorship) system effectively shields employers from legal
responsibility to respond to charges of nonpayment, forced labor, or abuse by
allowing them to petition immigration authorities to cancel workers’ legal
DOMESTIC WORKERS IN KUWAIT 6
residency, and by providing workers with few practical avenues for redress (Walls
at Every Turn p. 4).
This shows that the HRW has identified the Kafala system as the main problem. With the
cause of the social problem identified, many of their efforts focus on reforming the Kafala
system.
Spreading their Claims
One of the HRW’s tactics is the use of the internet. HRW website is host to a number of
social problems, including the issue of domestic workers in Kuwait. The HRW spreads facts by
using reports that detail the problems and state facts on the issue. A report available on their
website says that “In 2009, domestic workers from Sri Lanka, Indonesia, the Philippines, and
Ethiopia filed over 10,000 complaints about their treatment with their embassies in Kuwait”
(Kuwait: For Abused… n.p., 2010). Facts like this are spread as a way to draw attention to the
situation. Accompanying the HRW’s online reports are full reports made available on the HRW
website. The report “Walls at Every Turn” provides even more information on the Kuwaiti
situation. In addition to relaying the historical background, this report advocates for certain
changes and actions that the HRW believes would help domestic workers.
Policymaking
The HRW organization has proposed numerous policies to the Kuwait government in
regards to their sponsorship system, labor laws, and agencies to enforce laws with several goals
in mind. They advocate for the reformation of the sponsorship system concerning criminal
penalties. Another one of their goals is to prohibit the confiscation of domestic workers’
passports by their employers. The HRW also believes that Kuwait’s labor laws should include
DOMESTIC WORKERS IN KUWAIT 7
domestic workers, and that all domestic workers should be informed of the labor laws.
Furthermore, the Kuwaiti government should empower the Ministry of Labor to address
complaints from domestic workers. Lastly, the HRW wants the Kuwait government to collect
data, provide shelters, create a domestic labor task force, and increase recruitment and funding to
meet these needs (Walls at Every Turn, 2010).
The Kuwaiti Reaction
The public’s reaction to claimsmakers in both the societal and political realms is mostly
negative. The Kuwaiti people provide a multitude of defenses to this claim. Many of them
believe that “domestic workers are a necessity of life” (Aaserud p. 15). This way of thinking
shows that the Kuwaiti society is so far entrenched into the practice of employing domestic
workers that they deem it a necessity instead of a luxury. This point of view only strengthens the
resistance to reform in the Kuwaiti society. Also the Kuwaiti people argue that there really is not
any harm being done to domestic workers, and that reform is unnecessary because “employers in
Kuwait treat domestic workers as members of their families” (Walls at Every Turn p. 4, 2010).
This illustrates how many of them deny the existence of any real social problem.
It is easy to see that there is even more resistance to change in the political realm than in
the societal realm. Even though many governments in the Middle East, including the Kuwait
government, claim that they are seeking change, they fail to implement any real reform. For
example, members of the Kuwait parliament “have publicly recognized the need for a law
governing domestic work… [but] the proposed draft (they made) fails to ensure full reform of
the problematic kafala system” (Walls at Every Turn p. 6, 2010). This shows great resistance to
claimsmakers because politicians know of the problem, but fail to actually make reform.
DOMESTIC WORKERS IN KUWAIT 8
Domestic Workers and Slavery in the US
In the US, the domestic worker social problem is put into the category of human
trafficking. The United States Department of Justice found that there are 14,500 to 17,500 people
trafficked through the US every year (Smith, 2011). The United States Department of State
characterizes the crime of human trafficking:
Under the Trafficking Victims Protection Act as amended (TVPA)… individuals
may be trafficking victims regardless of whether they once consented,
participated in a crime as a direct result of being trafficked, were transported into
the exploitative situation, or were simply born into a state of servitude (What is
Modern Slavery?, n.d.).
Even with current acts like TVPA in effect, there are many claimsmakers that believe not enough
is being down to solve the human trafficking problem.
Claimsmakers
Claimsmakers tend to structure human trafficking in the US as a global problem. Among
these claimsmakers is Kevin Bales’ organization Free the Slaves. The Free the Slaves
organization releases videos which provide information about modern slavery and how best to
address the problem. One video entitled Top Ten Facts about the “S” Word provides facts about
human trafficking across the globe and ends with a call to action from the audience (Top Ten
Facts about the “S” Word, n.d.). The Free the Slaves organization’s website states “We liberate
slaves around the world and change systems that allow slavery” (freetheslaves.net). The website
also provides multiple means to get involved in the movement. Other small groups like the
United Methodist Women actively try to gain public attention on the issue of human trafficking.
DOMESTIC WORKERS IN KUWAIT 9
In a document entitled Human Trafficking: Preventing, Protecting, Prosecuting, The United
Methodist Women provide facts on human trafficking, and gives ways in which to get involved
in the fight against human trafficking (Johnson, n.d.)
Policymaking
In order to combat human trafficking, the TVPA was enacted in 2000. The purpose of
this act is to eradicate human trafficking in the United States (Smith, 2011). However, Kendal
Nicole Smith argues that even though the TVPA “has made great strides in fighting this war on
modern-day slavery… human-trafficking rings have come to resemble other forms of organized
criminal enterprises” (Smith p. 790, 2011). Kendal Nicole Smith argues that since human
trafficking is becoming more integrated into organized crime, efforts to combat human
trafficking need the help of the Racketeer Influenced and Corrupt Organizations Act ("RICO")
(Smith, 2011). These two acts are the main policies being used to combat human trafficking in
the United States.
Public Reaction
The issue of human trafficking is becoming more prevalent in media attention, but public
attention still has not reached the levels of other issues like abortion and gay rights. When
looking at media, we see some reports on human trafficking in the US. For example, CNN did a
report on two women who migrated to the United States with promises of education and other
economic benefits, but were enslaved instead (Human Trafficking, n.d.). Small stories like this
one show that media is giving the issue attention, but it still has not reached the level of
mainstream.
Comparing Kuwait and the US
DOMESTIC WORKERS IN KUWAIT 10
There are a few differences in the construction of domestic workers as a social problem
in Kuwait compared to domestic workers in the United States. In Kuwait, the domestic worker
social problem is constructed as a human rights issue. The HRW actively fights to help domestic
workers gain civil and working rights in Kuwait. Their actions focus on policy at a domestic
level within Kuwait.
The US differs from Kuwait because the US claimsmakers and policymakers focus on
domestic workers as a part of human trafficking. Because human trafficking is the focus for the
claimsmakers and policymakers, the social problem has been constructed as a global issue.
Efforts of the TVPA are to abolish human trafficking instead of focusing on helping domestic
workers that already exist within the US.
One way that both social problems are similar is there position in the social problems
process. Both in the Kuwait and the US, the domestic worker social problem is at the
policymaking stage. The HRW actively tries to fight for more policies addressing the domestic
worker social problem in Kuwait just like the Free the Slaves organization advocates for policies
to end human trafficking. Now that the two social problems have been compared, we must look
into the policy making process and effectiveness of the policies addressing the two social
problems.
Modernization and Urbanization
The domestic worker social problem is not the only social problem Kuwait fails to
deal with. The world is becoming more global and connected. Globalization brings new
ideas and changes to traditional cultures. Modernization and urbanization of societies
changes the way they function, but oftentimes societal programs fail to deal with these
DOMESTIC WORKERS IN KUWAIT 11
changes in society which is the case for Kuwait. We will focus on the problems that have
arisen due to urbanization and modernization as they are connected to the domestic
worker social problem.
Over the course of the past few decades Kuwait has become more modernized
and urbanized due to the exportation of oil. With modernization and urbanization, the
nuclear family has become more prevalent in Kuwait (Al-Kazi, 2008). As a cause of
modernization and urbanization, the role of the Arab woman has begun to change due to
the availability of higher education and employment opportunities. Al-Kazi states in his
study of divorce rates in Kuwait that women “were no longer restricted to performing the
“expressive” role of nurturing and providing emotional care but were also instrumental in
supplying income to the family budget” (Al-Kazi 2008, p. 241). Al-Kazi continues to
argue that the changing family structure caused an increase in divorce rates (Al-Kazi
2008).
The rise in divorce rates is one social problem modernization and urbanization
have caused. We will now look at how social programs seek to deal with rising divorce
rates. One of the graphs given by Al-Kazi shows that nearly 40 percent of Kuwait
marriages result in a divorce within the first four years of marriage (Al-Kazi 2008, p.
246). Many social programs dealing with the rise in divorce rates focus on supporting
divorced women financially. Al-kazi states that “59% and 57% respectively of Kuwait
women who got divorced are jobless (not working)” (2008, p. 246). Because many of
divorced women were previously dependent on their husband’s income while the women
attended school or other employment options, social programs provided try to support the
women.
DOMESTIC WORKERS IN KUWAIT 12
In order to deal with divorced women’s unemployment and poverty, an allowance
system was created to financially support these women. A monthly allowance is given to
these women depending on their situation (Al-Kazi 2008). This allowance program seems
to have failed as divorce rates are still raising from when the program was initiated in
1987 (Al-Kazi 2008). The failure of the allowance program seems to be embedded in
how the program is dealing with social problems brought about by modernization and
urbanization. Because the allowance program does not address changing family
structures in Kuwait, the program does not address the real problem which is the
modernization and urbanization of Kuwait society.
Another social problem Kuwait fails to deal with is juvenile delinquency. In a
study done by Fawaz Alanezi, the social disorganization theory was applied to Kuwait to
see if rapid modernization and urbanization increased juvenile delinquency. The social
disorganization theory was originally applied to urban American cities to find out if
social changes and communities inability to deal with social changes was related to
higher crime rates. This theory has often been used to study juvenile delinquency (Lersch
and Hart 2011). Alanezi’s study found that areas with both disorganized neighborhoods
and low community involvement showed higher rates of juvenile delinquency (Alanezi
2010). This study on juvenile delinquency provides another example of how Kuwait
society fails to deal with new social problems.
Interconnected Social Problems: Kuwait
The changing Kuwait family structure is connected to the development of the
domestic worker social problem. We will look at how modernization and urbanization are
DOMESTIC WORKERS IN KUWAIT 13
the macro problems effecting social problems in Kuwait. Families are shifting from an
extended family structure to a nuclear structure. With this, previous needs are not being
met by relatives, so families need to find other ways to meet the needs of nurturing
children and performing household duties. Al Kazi says “the social change transforming
society has shifted many functions previously performed by family to the public domain.
This process has weakened the influence of the family on an individual’s life” (Al-Kazi
2008, p. 251). With family functions entering the public domain, domestic workers are
put in a higher demand than before changes caused by modernization and urbanization.
When we look at the rise in divorce rates due to the changes in the family
structure because of the modernization and urbanization of society, we can see that
divorce rates affect juvenile delinquency. Amer Alsaleh conducted a study to see if
family transitions affected the conduct and self-esteem problems of elementary school
children in Kuwait. Alsaleh found that while family transitions like divorce did not affect
children’s self-esteem, it did affect their conduct in a negative way (Alsaleh 2013). This
misconduct is an attribute of juvenile delinquency.
Alsaleh’s study allows us to see how the social problems of domestic workers,
changing family structures, divorce rates, and juvenile misconduct are all connected.
Changing family structures has caused a higher demand for domestic workers. The same
changing family structures have also led to higher divorce rates. The higher divorce rates
are also attributed to juvenile delinquency among children of divorced parents. The
interconnected of these programs all fall under the macro problem of the Kuwait
society’s inability to deal with changes caused by modernization and urbanization.
DOMESTIC WORKERS IN KUWAIT 14
In order to effectively deal with social problems created by modernization and
urbanization, Kuwait social programs need to focus on the real problem which is dealing
with modernization and urbanization. If social programs continue to fail to address the
real problem then we will continue to see the domestic workers’ human rights’ betrayed.
Divorce rates will continue to rise as family structures change. With rising divorce rates
more divorced women will need financial support. Also more children who are unable to
deal with family transitions like divorce will express their emotions through delinquent
acts. There is an ethical obligation here to help these people deal with the social problems
they face. Programs cannot seek to focus on each problem as its own problem. Instead
policymakers need to accept the fact that these social problems are all connected, and
they need to focus on the macro causes of social problems to prevent them from
occurring.
Interconnected Social Problems: United States
When examining different social problems in the US, the issues of poor education
and crime seem to be connected to human trafficking. While the US is host to some of the
best schools in the world, it also contains some of the worst schools in western society.
One of the reasons for the great disparities in the educational system is the lack of
national standards and universal funding. In Hani Morgan’s study on the educational gap
in the US, he found that disadvantaged schools scored lower than normal schools both on
the international level, and on the state level (Morgan 2012). Disadvantaged schools
giving students poor education seems has a negative effect on social problems.
DOMESTIC WORKERS IN KUWAIT 15
The US’s poor education system’s failure leads to higher rates of juvenile
delinquency, crime, and incarceration. A study done by David S. Kirk and Robert J.
Sampson found that “among black male high school dropouts aged 22 to 30 years in
2000, approximately 65 percent were jobless. Half of the jobless were incarcerated” (Kirk
and Sampson 2013, p. 54). The study found that juvenile delinquency hindered
disadvantaged school students in their transition into adulthood. Among juvenile
delinquent students, enrollment into a four year college plan was greatly reduced (Kirk
and Sampson 2013). Furthermore, Philip A. Ikom’s study on the relationship between
high school dropouts and felony conviction found that high school dropouts were
significantly more likely to be convicted of a violent felony (Ikom 2010). These studies
show that disadvantaged schools not only produce higher levels of juvenile delinquency,
but also effect incarceration rates and college enrollment.
When looking at human trafficking in the US, one prevalent factor is organized
crime. A study characterized human trafficking in the US found that organized crime
groups profit greatly from human trafficking (Hodge 2008). Organized crime units are
the leading operators of the human trafficking market in the US. When we take into note
that the education system increases crime in the US, we can see the correlation between
education, crime, and human trafficking. The education system is creating dropouts.
Dropouts have a high incarceration rate, and are likely to commit felony offenses.
Therefore criminals, if members of organized crime units like gangs, are likely to operate
in some way with human trafficking.
The idea that the US education system is somehow related to human trafficking
seems ridiculous. However, the negative effects of the poor aspects of the US educational
DOMESTIC WORKERS IN KUWAIT 16
system do play into human trafficking. There seems to be an ethical responsibility to
change the educational system so that it does not produce criminals. We as a society need
to realize the ramifications of the social problems in the US. Letting social problems
continue hinders our advancement as a society.
DOMESTIC WORKERS IN KUWAIT 17
Works Cited
Aaserud, J. L., Basciano, T., Braunmiller, J., D'Onofrio, M., Flannagan, K., Kalt, B., & Ko, V.
(2013). The Protection of the Rights of Migrant Domestic Workers in a Country of Origin
and a Country of Destination: Case Studies of the Philippines and Kuwait Washington
D.C.: The Johns Hopkins University SAIS. Retrieved February 12, 2014, from
http://www.protectionproject.org/wp-content/uploads/2013/11/Domestic-Workers-
Report-2013_Electronic-Version.pdf
Alanezi, F. (2010). Juvenile Delinquency in Kuwait: Applying Social Disorganization
Theory. DOMES: Digest Of Middle East Studies, 19(1), 68-81. doi:10.1111/j.1949-
3606.2010.00006.x
Al-Kazi, L. (2008). Divorce: A Structural Problem not just a Personal Crisis. Journal Of
Comparative Family Studies, 39(2), 241-257
Bernard K. Freamon, “Slavery, Freedom, and the Doctrine of Consensus in Islamic
Jurisprudence,” Harvard Human Rights Journal 11 (1998). Retrieved February 12, 2014.
Freetheslaves.net. (n.d.). In Free the Slaves . Retrieved March 9, 2014, from
https://www.freetheslaves.net/sslpage.aspx?pid=298
Hodge, D. R. (2008). Sexual Trafficking in the United States: A Domestic Problem with
Transnational Dimensions. Social Work, 53(2), 143-152.
Human Rights Watch. (2013). Walls At Every Turn: Abuse of Migrant Domestic Workers
through Kuwait’s Sponsorship System. New York, NY: Author. Retrieved February 12,
2014, from http://www.hrw.org/sites/default/files/reports/kuwait1010webwcover.pdf
DOMESTIC WORKERS IN KUWAIT 18
Human Trafficking: Modern-day Slavery. [Online video]. Retrieved March 9, 2014, from
http://www.youtube.com/watch?v=_tQDYvPrE6k
Ikomi, P. A. (2010). Juvenile Violent Felony Referrals and High School Dropouts: Is There a
Relationship?. International Journal Of Academic Research, 2(4), 379-384.
Johnson, S. (n.d.). Human Trafficking: Preventing, Protecting, Prosecuting. In United Methodist
Women. Retrieved March 10, 2014, from http://new.gbgm-
umc.org/umw/media/pdf/humantraffickingpackethr.pdf
Kirk, D. S., & Sampson, R. J. (2013). Juvenile Arrest and Collateral Educational Damage in the
Transition to Adulthood. Sociology Of Education, 86(1), 36-62.
doi:10.1177/0038040712448862
Kuwait: For Abused Domestic Workers, Nowhere to Turn. (2010, October). Human Rights
Watch. Retrieved February 13, 2014
Lersch, K. M., & Hart, T. C. (2011). Space, Time, and Crime (Third ed.). Dunham, NC: Carolina
Academic Press.
lsaleh, A. (2013). Family Transitions, Conduct Problems, and Self-Esteem in Elementary School
in Kuwait: A Quasi-Experimental Design. Journal Of Social Service Research, 39(5),
662-674. doi:10.1080/01488376.2013.829165
Morgan, H. (2012). Poverty-Stricken Schools: What We Can Learn From the Rest of the World
and From Successful Schools in Economically Disadvantaged Areas in the
US. Education, 133(2), 291-297.
DOMESTIC WORKERS IN KUWAIT 19
Smith, K. (2011). Human Trafficking and Rico: A New Prosecutorial Hammer in the War on Modern
Day Slavery. George Mason Law Review, 18(3), 759-791.
What is Modern Slavery? United States Department of State. Retrieved March 9, 2014, from
http://www.state.gov/j/tip/what/

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Domestic Workers in Kuwait vs US

  • 1. Running Head: DOMESTIC WORKERS IN KUWAIT 1 Domestic Workers in Kuwait: A Comparison to the United States Drew Shawl SOC 3400 Dr. Strassberg 2-14-2014
  • 2. DOMESTIC WORKERS IN KUWAIT 2 Abstract This essay focuses on the domestic worker social problem within Kuwait compared to the United States. The essay explores how the social problem is constructed within both countries. Special attention is paid to who the claimsmakers of the social problem are, and how they are spreading their claims. The Human Rights Watch (HRW) organization actively makes claims and creates policy to address the domestic worker social problem in Kuwait. They focus mainly on reforming the Kafala sponsorship system, but their efforts to reform this system fail for a number of reasons. The United States frames the domestic workers social problem under human trafficking. This essay explores the effects of the policies effecting the social problem in both countries.
  • 3. DOMESTIC WORKERS IN KUWAIT 3 Domestic Workers in Kuwait The practice of hiring domestic workers is growing across the globe. As it does, the mistreatment of these migrant workers is receiving more attention. Oftentimes domestic workers migrate to foreign countries with hopes of starting new lives. Many domestic workers are abused, under paid, and have little to no rights. Some might ask, if their working conditions are so bad, why not return home? It is not that easy. Many domestic workers are dependent on their employers for wages, food, clothing, and shelter. Since the employers control these essentials, they have the power to dictate what their domestic worker can and cannot do. The United States also has a domestic worker social problem, but it is framed within the social problem of human trafficking which causes policymakers to focus on human trafficking instead of domestic workers. This essay will address the domestic worker social problem inside of Kuwait compared to the US, and who the claims makers are, how the claims are being spread, what policymakers are proposing, and how the public reacts to these policies. Identifying the Kuwait Situation The practice of employing domestic workers is extremely engrained into the Kuwaiti culture. Even before Islam spread throughout the Middle East, the use of slaves as domestic housekeepers was prevalent. A study done by the John Hopkins School of Advanced International Studies (SAIS) says that “From the 8th to the 13th centuries, there were military slaves and agricultural slaves, but the majority of slaves were females who worked as domestic servants” (Aaserud p. 11, 2013). Given the long history of domestic slaves in the Middle East, it is not hard to see that this tradition has been modernized into the employment of domestic workers.
  • 4. DOMESTIC WORKERS IN KUWAIT 4 Even though the label has changed, the mistreatment of domestic workers still resembles the treatment of domestic slaves. Islam tried to regulate and humanize slavery at the beginning of its spread (Freaman, 1998). However, there were still “accounts… of slaves being treated unfairly or violently” (Aaserud p. 12, 2013). Slaves were considered property, and had limited rights just like domestic workers in Kuwait today. Domestic Workers Today Kuwait has one of largest amounts of domestic workers per population in the world. The SAIS found that Kuwait has “660,000 domestic workers in a population of 2.7 million” (Aaserud p. 10, 2013). Even though majority of their population are foreign domestic workers, the Kuwaiti government still limits rights to citizenship and gives them the legal status of “temporary workers.” This means that domestic workers are exempt from all labor laws. Furthermore they have limited legal rights to independence and movement outside of their employers’ home (Aaserud p. 13, 2013). To further worsen the situation, many of these domestic workers’ vulnerability begins before they enter the country into which they are migrating. Economic reasons are the most common cause leading to domestic workers’ migration. The workers come from poverty and have few options to make a living in their home country, so they migrate to other countries. In order to migrate, domestic workers often use loans. Employers, like the ones in Kuwait seek out the domestic workers and promise a decent wage and livable conditions (Aaserud, 2013). This means that as soon as the workers’ arrive they are dependent on their employers. Once workers have arrived, they are often times subject to abusive treatment by their employers. Domestic workers have very little chooses in these situations because they are
  • 5. DOMESTIC WORKERS IN KUWAIT 5 confined to legal regulation of their local kafala (sponsor). This makes domestic workers “a group vulnerable to abuse” because they lack adequate legal representation (Aaserud p. 13, 2013). Without any voice or ability to protest their own situation because of their economic vulnerability and legal representation, the domestic workers have no choice but to be victimized. The Claimsmakers The social problems process begins with the claimsmakers. The origin of these claimsmakers is important in understanding the development of the social problem. Instead of starting at the grass roots of the problem, the claimsmakers are external in the domestic workers’ situation. Domestic workers’ rights and movement are under so much regulation that it is nearly impossible for them to come together in protest. This has resulted in the need for external intervention by international human rights groups. Many groups have taken it upon themselves to become the claimsmakers in this situation. The most prominent of these claimsmakers is the Human Rights Watch (HRW). A HRW report entitled “Walls at Every Turn” states that domestic workers in Kuwait are subject to “long working hours without rest, and physical, sexual, and psychological abuse” (Walls at Every Turn p. 3). They have constructed this problem as a violation of domestic workers’ human rights. The blame for these actions falls unto the Kafala System (sponsorship system). This system is responsible for many of the legal restrictions on domestic workers. In “Walls at Every Turn,” the HRW outlines the system’s operations: Kuwait’s kafala (sponsorship) system effectively shields employers from legal responsibility to respond to charges of nonpayment, forced labor, or abuse by allowing them to petition immigration authorities to cancel workers’ legal
  • 6. DOMESTIC WORKERS IN KUWAIT 6 residency, and by providing workers with few practical avenues for redress (Walls at Every Turn p. 4). This shows that the HRW has identified the Kafala system as the main problem. With the cause of the social problem identified, many of their efforts focus on reforming the Kafala system. Spreading their Claims One of the HRW’s tactics is the use of the internet. HRW website is host to a number of social problems, including the issue of domestic workers in Kuwait. The HRW spreads facts by using reports that detail the problems and state facts on the issue. A report available on their website says that “In 2009, domestic workers from Sri Lanka, Indonesia, the Philippines, and Ethiopia filed over 10,000 complaints about their treatment with their embassies in Kuwait” (Kuwait: For Abused… n.p., 2010). Facts like this are spread as a way to draw attention to the situation. Accompanying the HRW’s online reports are full reports made available on the HRW website. The report “Walls at Every Turn” provides even more information on the Kuwaiti situation. In addition to relaying the historical background, this report advocates for certain changes and actions that the HRW believes would help domestic workers. Policymaking The HRW organization has proposed numerous policies to the Kuwait government in regards to their sponsorship system, labor laws, and agencies to enforce laws with several goals in mind. They advocate for the reformation of the sponsorship system concerning criminal penalties. Another one of their goals is to prohibit the confiscation of domestic workers’ passports by their employers. The HRW also believes that Kuwait’s labor laws should include
  • 7. DOMESTIC WORKERS IN KUWAIT 7 domestic workers, and that all domestic workers should be informed of the labor laws. Furthermore, the Kuwaiti government should empower the Ministry of Labor to address complaints from domestic workers. Lastly, the HRW wants the Kuwait government to collect data, provide shelters, create a domestic labor task force, and increase recruitment and funding to meet these needs (Walls at Every Turn, 2010). The Kuwaiti Reaction The public’s reaction to claimsmakers in both the societal and political realms is mostly negative. The Kuwaiti people provide a multitude of defenses to this claim. Many of them believe that “domestic workers are a necessity of life” (Aaserud p. 15). This way of thinking shows that the Kuwaiti society is so far entrenched into the practice of employing domestic workers that they deem it a necessity instead of a luxury. This point of view only strengthens the resistance to reform in the Kuwaiti society. Also the Kuwaiti people argue that there really is not any harm being done to domestic workers, and that reform is unnecessary because “employers in Kuwait treat domestic workers as members of their families” (Walls at Every Turn p. 4, 2010). This illustrates how many of them deny the existence of any real social problem. It is easy to see that there is even more resistance to change in the political realm than in the societal realm. Even though many governments in the Middle East, including the Kuwait government, claim that they are seeking change, they fail to implement any real reform. For example, members of the Kuwait parliament “have publicly recognized the need for a law governing domestic work… [but] the proposed draft (they made) fails to ensure full reform of the problematic kafala system” (Walls at Every Turn p. 6, 2010). This shows great resistance to claimsmakers because politicians know of the problem, but fail to actually make reform.
  • 8. DOMESTIC WORKERS IN KUWAIT 8 Domestic Workers and Slavery in the US In the US, the domestic worker social problem is put into the category of human trafficking. The United States Department of Justice found that there are 14,500 to 17,500 people trafficked through the US every year (Smith, 2011). The United States Department of State characterizes the crime of human trafficking: Under the Trafficking Victims Protection Act as amended (TVPA)… individuals may be trafficking victims regardless of whether they once consented, participated in a crime as a direct result of being trafficked, were transported into the exploitative situation, or were simply born into a state of servitude (What is Modern Slavery?, n.d.). Even with current acts like TVPA in effect, there are many claimsmakers that believe not enough is being down to solve the human trafficking problem. Claimsmakers Claimsmakers tend to structure human trafficking in the US as a global problem. Among these claimsmakers is Kevin Bales’ organization Free the Slaves. The Free the Slaves organization releases videos which provide information about modern slavery and how best to address the problem. One video entitled Top Ten Facts about the “S” Word provides facts about human trafficking across the globe and ends with a call to action from the audience (Top Ten Facts about the “S” Word, n.d.). The Free the Slaves organization’s website states “We liberate slaves around the world and change systems that allow slavery” (freetheslaves.net). The website also provides multiple means to get involved in the movement. Other small groups like the United Methodist Women actively try to gain public attention on the issue of human trafficking.
  • 9. DOMESTIC WORKERS IN KUWAIT 9 In a document entitled Human Trafficking: Preventing, Protecting, Prosecuting, The United Methodist Women provide facts on human trafficking, and gives ways in which to get involved in the fight against human trafficking (Johnson, n.d.) Policymaking In order to combat human trafficking, the TVPA was enacted in 2000. The purpose of this act is to eradicate human trafficking in the United States (Smith, 2011). However, Kendal Nicole Smith argues that even though the TVPA “has made great strides in fighting this war on modern-day slavery… human-trafficking rings have come to resemble other forms of organized criminal enterprises” (Smith p. 790, 2011). Kendal Nicole Smith argues that since human trafficking is becoming more integrated into organized crime, efforts to combat human trafficking need the help of the Racketeer Influenced and Corrupt Organizations Act ("RICO") (Smith, 2011). These two acts are the main policies being used to combat human trafficking in the United States. Public Reaction The issue of human trafficking is becoming more prevalent in media attention, but public attention still has not reached the levels of other issues like abortion and gay rights. When looking at media, we see some reports on human trafficking in the US. For example, CNN did a report on two women who migrated to the United States with promises of education and other economic benefits, but were enslaved instead (Human Trafficking, n.d.). Small stories like this one show that media is giving the issue attention, but it still has not reached the level of mainstream. Comparing Kuwait and the US
  • 10. DOMESTIC WORKERS IN KUWAIT 10 There are a few differences in the construction of domestic workers as a social problem in Kuwait compared to domestic workers in the United States. In Kuwait, the domestic worker social problem is constructed as a human rights issue. The HRW actively fights to help domestic workers gain civil and working rights in Kuwait. Their actions focus on policy at a domestic level within Kuwait. The US differs from Kuwait because the US claimsmakers and policymakers focus on domestic workers as a part of human trafficking. Because human trafficking is the focus for the claimsmakers and policymakers, the social problem has been constructed as a global issue. Efforts of the TVPA are to abolish human trafficking instead of focusing on helping domestic workers that already exist within the US. One way that both social problems are similar is there position in the social problems process. Both in the Kuwait and the US, the domestic worker social problem is at the policymaking stage. The HRW actively tries to fight for more policies addressing the domestic worker social problem in Kuwait just like the Free the Slaves organization advocates for policies to end human trafficking. Now that the two social problems have been compared, we must look into the policy making process and effectiveness of the policies addressing the two social problems. Modernization and Urbanization The domestic worker social problem is not the only social problem Kuwait fails to deal with. The world is becoming more global and connected. Globalization brings new ideas and changes to traditional cultures. Modernization and urbanization of societies changes the way they function, but oftentimes societal programs fail to deal with these
  • 11. DOMESTIC WORKERS IN KUWAIT 11 changes in society which is the case for Kuwait. We will focus on the problems that have arisen due to urbanization and modernization as they are connected to the domestic worker social problem. Over the course of the past few decades Kuwait has become more modernized and urbanized due to the exportation of oil. With modernization and urbanization, the nuclear family has become more prevalent in Kuwait (Al-Kazi, 2008). As a cause of modernization and urbanization, the role of the Arab woman has begun to change due to the availability of higher education and employment opportunities. Al-Kazi states in his study of divorce rates in Kuwait that women “were no longer restricted to performing the “expressive” role of nurturing and providing emotional care but were also instrumental in supplying income to the family budget” (Al-Kazi 2008, p. 241). Al-Kazi continues to argue that the changing family structure caused an increase in divorce rates (Al-Kazi 2008). The rise in divorce rates is one social problem modernization and urbanization have caused. We will now look at how social programs seek to deal with rising divorce rates. One of the graphs given by Al-Kazi shows that nearly 40 percent of Kuwait marriages result in a divorce within the first four years of marriage (Al-Kazi 2008, p. 246). Many social programs dealing with the rise in divorce rates focus on supporting divorced women financially. Al-kazi states that “59% and 57% respectively of Kuwait women who got divorced are jobless (not working)” (2008, p. 246). Because many of divorced women were previously dependent on their husband’s income while the women attended school or other employment options, social programs provided try to support the women.
  • 12. DOMESTIC WORKERS IN KUWAIT 12 In order to deal with divorced women’s unemployment and poverty, an allowance system was created to financially support these women. A monthly allowance is given to these women depending on their situation (Al-Kazi 2008). This allowance program seems to have failed as divorce rates are still raising from when the program was initiated in 1987 (Al-Kazi 2008). The failure of the allowance program seems to be embedded in how the program is dealing with social problems brought about by modernization and urbanization. Because the allowance program does not address changing family structures in Kuwait, the program does not address the real problem which is the modernization and urbanization of Kuwait society. Another social problem Kuwait fails to deal with is juvenile delinquency. In a study done by Fawaz Alanezi, the social disorganization theory was applied to Kuwait to see if rapid modernization and urbanization increased juvenile delinquency. The social disorganization theory was originally applied to urban American cities to find out if social changes and communities inability to deal with social changes was related to higher crime rates. This theory has often been used to study juvenile delinquency (Lersch and Hart 2011). Alanezi’s study found that areas with both disorganized neighborhoods and low community involvement showed higher rates of juvenile delinquency (Alanezi 2010). This study on juvenile delinquency provides another example of how Kuwait society fails to deal with new social problems. Interconnected Social Problems: Kuwait The changing Kuwait family structure is connected to the development of the domestic worker social problem. We will look at how modernization and urbanization are
  • 13. DOMESTIC WORKERS IN KUWAIT 13 the macro problems effecting social problems in Kuwait. Families are shifting from an extended family structure to a nuclear structure. With this, previous needs are not being met by relatives, so families need to find other ways to meet the needs of nurturing children and performing household duties. Al Kazi says “the social change transforming society has shifted many functions previously performed by family to the public domain. This process has weakened the influence of the family on an individual’s life” (Al-Kazi 2008, p. 251). With family functions entering the public domain, domestic workers are put in a higher demand than before changes caused by modernization and urbanization. When we look at the rise in divorce rates due to the changes in the family structure because of the modernization and urbanization of society, we can see that divorce rates affect juvenile delinquency. Amer Alsaleh conducted a study to see if family transitions affected the conduct and self-esteem problems of elementary school children in Kuwait. Alsaleh found that while family transitions like divorce did not affect children’s self-esteem, it did affect their conduct in a negative way (Alsaleh 2013). This misconduct is an attribute of juvenile delinquency. Alsaleh’s study allows us to see how the social problems of domestic workers, changing family structures, divorce rates, and juvenile misconduct are all connected. Changing family structures has caused a higher demand for domestic workers. The same changing family structures have also led to higher divorce rates. The higher divorce rates are also attributed to juvenile delinquency among children of divorced parents. The interconnected of these programs all fall under the macro problem of the Kuwait society’s inability to deal with changes caused by modernization and urbanization.
  • 14. DOMESTIC WORKERS IN KUWAIT 14 In order to effectively deal with social problems created by modernization and urbanization, Kuwait social programs need to focus on the real problem which is dealing with modernization and urbanization. If social programs continue to fail to address the real problem then we will continue to see the domestic workers’ human rights’ betrayed. Divorce rates will continue to rise as family structures change. With rising divorce rates more divorced women will need financial support. Also more children who are unable to deal with family transitions like divorce will express their emotions through delinquent acts. There is an ethical obligation here to help these people deal with the social problems they face. Programs cannot seek to focus on each problem as its own problem. Instead policymakers need to accept the fact that these social problems are all connected, and they need to focus on the macro causes of social problems to prevent them from occurring. Interconnected Social Problems: United States When examining different social problems in the US, the issues of poor education and crime seem to be connected to human trafficking. While the US is host to some of the best schools in the world, it also contains some of the worst schools in western society. One of the reasons for the great disparities in the educational system is the lack of national standards and universal funding. In Hani Morgan’s study on the educational gap in the US, he found that disadvantaged schools scored lower than normal schools both on the international level, and on the state level (Morgan 2012). Disadvantaged schools giving students poor education seems has a negative effect on social problems.
  • 15. DOMESTIC WORKERS IN KUWAIT 15 The US’s poor education system’s failure leads to higher rates of juvenile delinquency, crime, and incarceration. A study done by David S. Kirk and Robert J. Sampson found that “among black male high school dropouts aged 22 to 30 years in 2000, approximately 65 percent were jobless. Half of the jobless were incarcerated” (Kirk and Sampson 2013, p. 54). The study found that juvenile delinquency hindered disadvantaged school students in their transition into adulthood. Among juvenile delinquent students, enrollment into a four year college plan was greatly reduced (Kirk and Sampson 2013). Furthermore, Philip A. Ikom’s study on the relationship between high school dropouts and felony conviction found that high school dropouts were significantly more likely to be convicted of a violent felony (Ikom 2010). These studies show that disadvantaged schools not only produce higher levels of juvenile delinquency, but also effect incarceration rates and college enrollment. When looking at human trafficking in the US, one prevalent factor is organized crime. A study characterized human trafficking in the US found that organized crime groups profit greatly from human trafficking (Hodge 2008). Organized crime units are the leading operators of the human trafficking market in the US. When we take into note that the education system increases crime in the US, we can see the correlation between education, crime, and human trafficking. The education system is creating dropouts. Dropouts have a high incarceration rate, and are likely to commit felony offenses. Therefore criminals, if members of organized crime units like gangs, are likely to operate in some way with human trafficking. The idea that the US education system is somehow related to human trafficking seems ridiculous. However, the negative effects of the poor aspects of the US educational
  • 16. DOMESTIC WORKERS IN KUWAIT 16 system do play into human trafficking. There seems to be an ethical responsibility to change the educational system so that it does not produce criminals. We as a society need to realize the ramifications of the social problems in the US. Letting social problems continue hinders our advancement as a society.
  • 17. DOMESTIC WORKERS IN KUWAIT 17 Works Cited Aaserud, J. L., Basciano, T., Braunmiller, J., D'Onofrio, M., Flannagan, K., Kalt, B., & Ko, V. (2013). The Protection of the Rights of Migrant Domestic Workers in a Country of Origin and a Country of Destination: Case Studies of the Philippines and Kuwait Washington D.C.: The Johns Hopkins University SAIS. Retrieved February 12, 2014, from http://www.protectionproject.org/wp-content/uploads/2013/11/Domestic-Workers- Report-2013_Electronic-Version.pdf Alanezi, F. (2010). Juvenile Delinquency in Kuwait: Applying Social Disorganization Theory. DOMES: Digest Of Middle East Studies, 19(1), 68-81. doi:10.1111/j.1949- 3606.2010.00006.x Al-Kazi, L. (2008). Divorce: A Structural Problem not just a Personal Crisis. Journal Of Comparative Family Studies, 39(2), 241-257 Bernard K. Freamon, “Slavery, Freedom, and the Doctrine of Consensus in Islamic Jurisprudence,” Harvard Human Rights Journal 11 (1998). Retrieved February 12, 2014. Freetheslaves.net. (n.d.). In Free the Slaves . Retrieved March 9, 2014, from https://www.freetheslaves.net/sslpage.aspx?pid=298 Hodge, D. R. (2008). Sexual Trafficking in the United States: A Domestic Problem with Transnational Dimensions. Social Work, 53(2), 143-152. Human Rights Watch. (2013). Walls At Every Turn: Abuse of Migrant Domestic Workers through Kuwait’s Sponsorship System. New York, NY: Author. Retrieved February 12, 2014, from http://www.hrw.org/sites/default/files/reports/kuwait1010webwcover.pdf
  • 18. DOMESTIC WORKERS IN KUWAIT 18 Human Trafficking: Modern-day Slavery. [Online video]. Retrieved March 9, 2014, from http://www.youtube.com/watch?v=_tQDYvPrE6k Ikomi, P. A. (2010). Juvenile Violent Felony Referrals and High School Dropouts: Is There a Relationship?. International Journal Of Academic Research, 2(4), 379-384. Johnson, S. (n.d.). Human Trafficking: Preventing, Protecting, Prosecuting. In United Methodist Women. Retrieved March 10, 2014, from http://new.gbgm- umc.org/umw/media/pdf/humantraffickingpackethr.pdf Kirk, D. S., & Sampson, R. J. (2013). Juvenile Arrest and Collateral Educational Damage in the Transition to Adulthood. Sociology Of Education, 86(1), 36-62. doi:10.1177/0038040712448862 Kuwait: For Abused Domestic Workers, Nowhere to Turn. (2010, October). Human Rights Watch. Retrieved February 13, 2014 Lersch, K. M., & Hart, T. C. (2011). Space, Time, and Crime (Third ed.). Dunham, NC: Carolina Academic Press. lsaleh, A. (2013). Family Transitions, Conduct Problems, and Self-Esteem in Elementary School in Kuwait: A Quasi-Experimental Design. Journal Of Social Service Research, 39(5), 662-674. doi:10.1080/01488376.2013.829165 Morgan, H. (2012). Poverty-Stricken Schools: What We Can Learn From the Rest of the World and From Successful Schools in Economically Disadvantaged Areas in the US. Education, 133(2), 291-297.
  • 19. DOMESTIC WORKERS IN KUWAIT 19 Smith, K. (2011). Human Trafficking and Rico: A New Prosecutorial Hammer in the War on Modern Day Slavery. George Mason Law Review, 18(3), 759-791. What is Modern Slavery? United States Department of State. Retrieved March 9, 2014, from http://www.state.gov/j/tip/what/