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Foreign Policy Trends in the GCC States
Autumn 2017 A Publication based at St Antony’s College Foreign Policy Trends in the GCC States Featuring H.E. Sheikh Mohammed bin Abdulrahman Al-Thani Minister of Foreign Affairs State of Qatar H.E. Sayyid Badr bin Hamad Albusaidi Secretary General of the Ministry of Foreign Affairs Sultanate of Oman H.E. Ambassador Michele Cervone d’Urso Head of Delegation to Saudi Arabia, Bahrain, Kuwait, Oman & Qatar European Union Foreword by Kristian Coates Ulrichsen OxGAPS | Oxford Gulf & Arabian Peninsula Studies Forum OxGAPS is a University of Oxford platform based at St Antony’s College promoting interdisciplinary research and dialogue on the pressing issues facing the region. Senior Member: Dr. Eugene Rogan Committee: Chairman & Managing Editor: Suliman Al-Atiqi Vice Chairman & Co-Editor: Adel Hamaizia Editor: Adam Rasmi Associate Editor: Rana AlMutawa Research Associate: Lolwah Al-Khater Research Associate: Jalal Imran Head of Outreach: Mohammed Al-Dubayan Broadcasting & Archiving Officer: Oliver Ramsay Gray Copyright © 2017 OxGAPS Forum All rights reserved Autumn 2017 Gulf Affairs is an independent, non-partisan journal organized by OxGAPS, with the aim of bridging the voices of scholars, practitioners and policy-makers to further knowledge and dialogue on pressing issues, challenges and opportunities facing the six member states of the Gulf Cooperation Council. The views expressed in this publication are those of the author(s) and do not necessar- ily represent those of OxGAPS, St Antony’s College or the University of Oxford. Contact Details: OxGAPS Forum 62 Woodstock Road Oxford, OX2 6JF, UK Fax: +44 (0)1865 595770 Email: [email protected] Web: www.oxgaps.org Design and Layout by B’s Graphic Communication. -
The Kafāla 'Sponsorship' System in Saudi Arabia: A
THE KAFĀLA ‘SPONSORSHIP’ SYSTEM IN SAUDI ARABIA: A CRITICAL ANALYSIS FROM THE PERSPECTIVE OF INTERNATIONAL HUMAN RIGHTS AND ISLAMIC LAW THE SOAS JOURNAL OF POSTGRADUATE RESEARCH Author: Asma Azhari Department/Centre: Department of Law and Social Sciences Publication: The SOAS Journal of Postgraduate Research, Volume 10 (2016-17), Pages 61-80 Exploring fluid times: Knowledge, minds and bodies Stable URL: http://eprints.soas.ac.uk/24680/ Key words: Islamic law – international human rights – kafāla – Saudi Arabia – migrant workers – Sharīa Licence: Published under the Creative Commons Attribution Non- Commercial (CC-BY-NC) 4.0 International Licence A. Azhari / The SOAS Journal of Postgraduate Research, Volume 10 (2016-17), Pages 61-80 THE KAFĀLA ‘SPONSORSHIP’ SYSTEM IN SAUDI ARABIA: A CRITICAL ANALYSIS FROM THE PERSPECTIVE OF INTERNATIONAL HUMAN RIGHTS AND ISLAMIC LAW Asma Azhari [email protected] Department of Law and Social Sciences ABSTRACT This article will explore the complex relationship between Islamic law, international human rights laws, and the Saudi adaptation of its sponsorship system regarding migrant workers, known as kafāla in Arabic. It will argue that Islamic law is compatible with international human rights law with specific reference to migrant workers’ protection, and that Saudi Arabia with its continuous application of the kafāla opposes its own basic law. By analysing the above issues, it is hoped that by the end of this paper, the reader will achieve a clear understanding of the dangerous implications of the kafāla in perspective to Sharīa and international law. The topic of kafāla is rarely touched in the Saudi scholarly sphere; thus, it is hoped that this article will provoke more research on the subject. -
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United Nations A/HRC/44/57/Add.1 General Assembly Distr.: General 27 April 2020 Original: English Human Rights Council Forty-fourth session 15 June–3 July 2020 Agenda item 9 Racism, racial discrimination, xenophobia and related forms of intolerance, follow-up to and implementation of the Durban Declaration and Programme of Action Visit to Qatar Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance* Summary At the invitation of the Government, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, Tendayi Achiume, visited Qatar from 24 November to 1 December 2019. The Special Rapporteur commends Qatar for its human rights treaty ratifications, and for a number of legislative and policy reforms that promote racial equality and non- discrimination. She notes, however, that Qatar needs to do more in the light of the persistent complex challenges that undermine its compliance with its international obligations and threaten the achievement of genuine equality and non-discrimination, including the overwhelming role that national origin and nationality currently play in determining access to human rights. She raises concerns regarding a de facto caste system based on national origin, which results in structural discrimination against non-citizens, including as the result of immense power imbalances between employers and migrant workers rooted in the kafala (sponsorship) system that historically structured labour relations in Qatar. She commends the significant labour and immigration reforms implemented by Qatar to improve conditions for low-income migrant workers, including domestic workers, but urges further action in this regard. * The summary of the report is being circulated in all official languages. -
As Janata Samajbadi Rift Grows, So Does Uncertainty Over New Coalition
WITHOUT F EAR OR FAVOUR Nepal’s largest selling English daily Vol XXIX No. 30 | 10 pages | Rs.5 O O Printed simultaneously in Kathmandu, Biratnagar, Bharatpur and Nepalgunj 34.5 C 3.5 C Saturday, March 20, 2021 | 07-12-2077 Bhairahawa Jumla As Janata Samajbadi rift grows, so does uncertainty over new coalition formation While the Thakur-Mahato faction of Janata Samajbadi Party supports Oli, the Yadav-Bhattarai faction wants to join hands with the Congress and the Maoist Centre. ANIL GIRI chair, and Bhattarai, president of the KATHMANDU, MARCH 19 party’s federal council, are against it. They are in favour of joining hands The possibility of plum ministerial with the Nepali Congress and the portfolios if it joins government—as Communist Party of Nepal (Maoist the key to Prime Minister KP Sharma Centre) to form the government. Oli’s bid to continue in power—has With its 32 votes in the House of apparently created a deep division Representatives (two of its 34 members within the Janata Samajbadi Party. are suspended), the Samajbadi Party is On Thursday top Janata Samajbadi the kingmaker. Party leaders, including Mahantha While officially the Maoist Centre Thakur and Rajendra Mahato, held continues to support the government a meeting in Kathmandu and formed as the incumbent Oli-led government a six-member task force to ‘settle was formed in February 2018 with its the outstanding issues’ of the unifica- backing, the Maoist-Centre could with- tion between Rastriya Janata Party draw support. Nepal and Samajbadi Party Nepal In that case, Oli would need just 16 to form the Janata Samajbadi Party in more votes to survive and the Rastriya April last year. -
Kafala Sponsorship Reforms in Saudi Arabia: Converging Toward International Labor Standards
Commentaries Kafala Sponsorship Reforms in Saudi Arabia: Converging Toward International Labor Standards Dr. Fahad L. Alghalib Alsharif Senior Resident Research Fellow, King Faisal Center for Research and Islamic Studies February, 2021 In recent decades, the Gulf states’ kafala(1) sponsorship system (henceforth “kafala”) has been systematically scrutinized due to widespread violations of international labor and human rights conventions and norms.(2) While some Gulf states have previously attempted to reform their kafala, Saudi Arabia has boldly announced comprehensive labor reforms in October 2020 by rigorously imposing strict and clear Islamic rules, which are principally rooted in fair and just treatment of migrant labor.(3) These particular kafala reforms are in line with Saudi Arabia’s economic and political interests, as well as complementary to its Islamic religious principles, which broadly outline moral, (1) The kafala system or sponsorship system is used to monitor migrant laborers, working primarily in the Gulf Cooperation Council member states’ construction and domestic sectors. It ties migrant workers’ employment visas to their employers. Under this system, an employer assumes responsibility for a hired migrant worker and must grant explicit permission before the worker can enter Saudi Arabia, transfer employment, or leave the country. (2) Andrew M. Gardner, City of Strangers: Gulf Migration and the Indian Community in Bahrain (Ithaca: Cornell University Press, 2010). (3) Maqbool R. al-Rayes, huquq al-’ummal bayn al-Islam wa-l-ma’ayir ad-dawliyyah wa-l-mal (Riyadh: King Saud Univer- sity Press, 2003). Kafala Sponsorship Reforms in Saudi Arabia: Commentaries Converging Toward International Labor Standards 1 religious, and ethical laws and norms related to contractual labor relations for workers.(4) In light of the impact of the COVID-19 pandemic, these labor reforms are not only integral to the Saudi Vision 2030 but also are related to the Saudi state’s overall domestic and foreign policy objectives in the long run. -
Support Or Suppression? the Kafala System in Saudi Arabia Jackson Delaney, Political Science & Communication ([email protected]) Faculty Mentor: Dr
Support or Suppression? The Kafala System in Saudi Arabia Jackson DeLaney, Political Science & Communication ([email protected]) Faculty Mentor: Dr. Niti Pandey (Department of Business Administration) INTRODUCTION Saudi Labor Law Four Fundamental Freedoms RECOMMENDATIONS In order to measure the level of respect for worker and human Since the 1950s, the Kafala System has been the Many of Saudi Arabia’s labor laws are biased • Connect migrant workers with governmental rights under the Kafala System in Saudi Arabia, each of the main program countries in the Gulf Cooperation against migrant workers. Royal Decree No. organizations or a company. Many of the violations four fundamental freedoms laid out by President Roosevelt in Council have implemented in order to handle the M/51, for example, excludes domestic have come at the hands of individual sponsors, but 1941 was examined. influx of migrant workers. Though it was created migrant workers from rights granted to Saudi there have been positive outcomes when a larger Freedom from fear to provide opportunities for the migrant workers, citizens, including: group sponsors migrants • Cycles of abuse claims, ranging from verbal, physical, and it has resulted in near limitless power for the • Maximum number of hours worked per • Increase regulation of migrant workplace and living even sexual abuse daily sponsors that employ them. week conditions. Bring inspectors on site to examine, and • Migrant workers must arrive at their jobs to provide for This study examines the implementation of the • Prohibiting the withholding of salaries drastically increase the number of workers in this themselves and their family, but do so under a cloud of fear Kafala System in Saudi Arabia, and looks at the • Days for rest system Freedom of speech effectiveness and flaws of the program, while also • A means to settle labor disputes. -
The Islamic Principle of Kafala As Applied to Migrant Workers: Traditional Continuity and Reform
_full_alt_author_running_head (neem stramien B2 voor dit chapter en dubbelklik nul hierna en zet 2 auteursnamen neer op die plek met and): Jureidini & Hassan _full_articletitle_deel (kopregel rechts, vul hierna in): Kafala as Applied to Migrant Workers _full_article_language: en indien anders: engelse articletitle: 0 92 Jureidini & Hassan Chapter 6 The Islamic Principle of Kafala as Applied to Migrant Workers: Traditional Continuity and Reform Ray Jureidini and Said Fares Hassan 1 Introduction The paper is an attempt to identify the continuities and discontinuities be- tween the religious Islamic notion and practice of kafala (kafāla) and its con- temporary application—with specific reference to the Gulf States where it has been most prominently legislated and practiced. While much research has been undertaken, mostly critical of the kafala as a system of oppression and exploitation of migrant labour in the GCC, there seems to be a consensus that there is no relationship at all between the traditional Islamic concept of kafala and its current application. In other words, it is argued that there is no evi- dence of a “genealogy” that links the Islamic jurisprudence of kafala to its con- temporary forms (Franz 2011, 98). In a recent paper on the origins of the kafala related to migrant labour in the GCC, the historian, AlShehabi (2019), provides documentary evidence showing how the British colonial rulers, first in Bahrain and later other GCC states from the 1920s, introduced what was for them a system of sponsorship and surety, but which was perfectly compatible with and adaptable to the principles of kafala in Islamic law and custom. -
Reform of the Kafala (Sponsorship) System
Policy Brief No. 2: REFORM OF THE KAFALA (SPONSORSHIP) SYSTEM BACKGROUND The Kafala (Sponsorship) System emerged in the 1950’s to in the GCC offi cial use of ‘guest workers’ and ‘expatriate regulate the relationship between employers and migrant manpower’ to refer to migrant workers. The Kafala system workers in many countries in West Asia. It remains the routine serves a social purpose by emphasizing the temporary practice in the Gulf Cooperation Council (GCC) countries of nature of a migrant workers presence in the country, Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United so that even if the worker is present for a long time s/he Arab Emirates (UAE), and also in the Arab states of Jordan doesn’t acquire the rights of citizenship, with its alleged and Lebanon. The sponsorship system’s economic objective negative impact on social cohesiveness etc. The restrictive was to provide temporary, rotating labour that could be immigration policies of the Kafala system act in theory to rapidly brought into the country in economic boom and limit the stay of overseas workers to the duration of their expelled during less affl uent periods. contract. Non-compliance by both employers and migrant workers in response to demand for labour has led to a Under the Kafala system a migrant worker’s immigration signifi cant minority of long-term or permanent residents, status is legally bound to an individual employer or sponsor along with a signifi cant number of second-generation (kafeel) for their contract period. The migrant worker migrants and development in irregular employment. -
Bahrain – Migrant Workers' Rights, June 2019
European Centre for Democracy and Human Rights Advocating for Human Rights in the Gulf Region Rue de la Linière / Vlasfabriekstraat 11 - B-1060 Brussels - Belgium +32 (0) 2 60 94 415 – [email protected] - www.ecdhr.org - @ECDHRbxl Bahrain – Migrant workers’ rights, June 2019 In the approximately 1.6 million residents of Bahrain, more than 600,857 are migrant workers who make up around 54,7% percent of the country’s workforce—most working in unskilled or low-skilled jobs, in industries such as construction, retail and wholesale and domestic work. About 99,500 of them are domestic workers (including 75,305 women). Abuses against migrant workers As in most Gulf countries, employment of migrant workers in Bahrain have long been regulated by the traditional Kafala sponsorship system under which migrant workers are tied with in-country sponsors, whom they need consent to obtain either a visa, an exit permit or to move to another job – a system which largely remains a source of exploitation. Under the Kafala system, migrant workers in Bahrain have been subjected to excessive workhours, withhold of passports and salaries, abusive recruitment fees by recruitment agencies or denied salaries for month. Their average wage is estimated at BHD 196 a month while the government defines “low pay” as less than BHD 200. Some migrant workers also report physical abuses and most of them suffer discrimination within the wider Bahraini society. Abuses to migrant workers rights’ to adequate housing remain rampant. Domestic workers are, in particular, vulnerable to exploitation. Many are not allowed to communicate with their relatives nor to leave their house. -
Court Should Order Deuba Be Appointed Prime Minister, Lawyers
WITHOUT F EAR OR FAVOUR Nepal’s largest selling English daily Vol XXIX No. 130 | 8 pages | Rs.5 O O Printed simultaneously in Kathmandu, Biratnagar, Bharatpur and Nepalgunj 36.0 C 11.5 C Monday, June 28, 2021 | 14-03-2078 Nepalgunj Jomsom Court should order Deuba be appointed prime minister, lawyers argue As Article 75 (5) has already been activated, the question now is who should lead the government on its basis, they say. The defendants’ arguments begin today. TIKA R PRADHAN dence vote in Parliament on May 10, KATHMANDU, JUNE 27 and no one made a claim on forming a coalition government as per Article 76 Lawyers representing writ petitioners (2) of the constitution, the President against the May 21 House dissolution reappointed Oli as prime minister as have demanded that President Bidya per Article 76 (3) on May 13 as he leads Devi Bhandari appoint Nepali CPN-UML, the largest party in parlia- Congress President Sher Bahadur ment with 121 seats. Deuba as prime minister. Although such a minority govern- They asked the five-member ment needs to win a confidence vote Constitutional Bench led by Chief within 30 days, Oli instead recom- Justice Cholendra Shumsher Rana to mended to the President to call for the issue a mandamus order in the name formation of a government as per of the President to appoint Deuba as Article 76 (5) of the constitution on per Article 76 (5) since he had the sup- May 20. port of 149 lawmakers of the 275-mem- Both Oli and Deuba had staked ber House of Representatives. -
Contact Addresses of the Press
Contact Addresses of the Press 1. Print: Dalies S.N. Name Publisher Editor Phone Fax Email 1 The Kathmandu Kantipur Akhilesh 4480100 4466320 [email protected] Post Publications Uphahaya Pvt. Ltd 2 Kantipur Kantipur Sudhir 4480100 4470178 [email protected] Publications Sharma Pvt. Ltd. 3 The Himalayan International Ajaya 4771489 4770701 [email protected] Times Media Bharda Network Khanal (Pvt) Ltd. 4 Annapurna Post News Media Jivendra 4770629 4770632, [email protected] Pvt. Ltd. Simkhada 4770701 5 Republica Nepal Ameet 4265100 4255257 [email protected] Republic Dhakal Media (P) Ltd 6 Nagarik Nepal Narayan 4265100, 4252262 [email protected] Republic Wagle 4261808 Media (P) Ltd 7 Rajdhani Utsarga Yuwaraj 5546300 5011594 [email protected] Prakashan Ghimere Pvt. Ltd 8 Nepal Badrai 4-287777 4-288700 [email protected] Samacharapatra Tiwari [email protected] 9 Gorkhapatra Gorkhapatra Ramesh 4222921/4244429 4224381 [email protected] Sansthan Tiwari (Acting) 10 The Rising Nepal Gorkhapatra Ajaya Rana 4244435 [email protected] Sansthan 2. Print: Weeklies and Fortnightly SN Name Frequency Publisher Editor Phone Fax Email 1 Himal Fortnightly Kanak Mani Kiran 5250333, 5250545 5251013 [email protected] Newsmagazine Dixit Nepal 2 Nepal Weekly Kantipur Prashanta 4480100 4496548 Publications Aryal [email protected] Pvt. Ltd/ 3 Nepali Times Weekly Himalmedia Kunda 5250333/845 5251013 [email protected] Pvt. Ltd. Dixit 4 Newsfront Weekly Utsarga Yubaraj 4443888 4421147 [email protected] Prakashan Ghimere Pvt. Ltd 5 Spotlight Weekly Keshab Keshab 4430250/98510- -------- [email protected] Poudel Poudel 79535 6 Ajako Shiksha Weekly Sudarshan Sudarshan 4433761,9841528710 [email protected] Sigel Sigdel 7 Educational Pages Fortnightly Educational Nava Raj 4432135 4432135 [email protected] Page Ole 8 Shikshak Monthly Basanta Rajendra 5543252,5548142 5541196 [email protected] Thapa Dahal [email protected] 3. -
Only Money Talks How REDD+ Discourses in the Nepalese Media Overlook the Politics of Policy Making and Governance
CIFOR infobriefs provide concise, accurate, peer-reviewed information on current topics in forest research No. 73, June 2014 cifor.org Only money talks How REDD+ discourses in the Nepalese media overlook the politics of policy making and governance Dil B. Khatri, Naya S. Paudel and Ramesh Bhushal1 Key messages • The predominant view of REDD+ in the media in Nepal is that it offers a way to generate money from forest management and supports decentralization of Nepal forestry sector. • The REDD+ debate in Nepal is dominated by a small group of forestry and development experts based in Kathmandu. The under- representation of local and marginalized groups means their interests and concerns are less likely to be accounted for in the formulation of REDD+ policy. • REDD+ receives little attention from the media and politicians, and remains peripheral to the political agenda. Rather, it is seen as led by local and international NGOs. • In the Nepalese media, domestic politics around forest policy and governance receive little attention. This suggests that the government does not see REDD+ as a priority. Introduction Kantipur, Gorkhapatra and The Himalayan Times. The study Local communities in Nepal manage about one-third of the adopted the methodology developed by CIFOR for similar country’s forest area. A range of state–community partnership analyses across six countries: Brazil, Cameroon, Indonesia, Papua schemes are in place, with community forestry the most New Guinea, Tanzania and Vietnam (Di Gregorio et al. 2012). prominent. The Nepalese government and other stakeholders have The content analysis was supplemented by interviews with nine welcomed the introduction of REDD+, or Reducing Emissions from journalists working for national newspapers and local FM radio Deforestation and forest Degradation in developing countries, stations.