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“Najwa and Raymond Tawk Tortured, Starved, and Left Ethiopian Teenager for The Kafāla System: Gender and Dead” (This is ) Migration in Contemporary Lebanon Such headlines on the working conditions of young female migrant domestic work- ers (MDWs) in Lebanon are frequently fea- tured in national and international media. According to various media reports, migrant organizations and statistics obtained from the Lebanese intelligence agency, an average of two DWs die every week (Su, “Slave Labour?”). In most cases, the circumstances of their deaths remain unexplained; this is often due to the refusal of Lebanese host families to pro- vide information. The case of the young Filipino worker Halima made national and international headlines. Her hosts, the Lebanese politician and women’s rights advocate Ibtissam Saade and her family, locked her up for 10 years and only Dimitra Dermitzaki, Sylvia Riewendt through the help and public pressure of various women’s and migrant’s rights With an estimated 250,000 migrant racialized labor division, they inevitably organizations was she able to return home domestic workers (MDW), migrant become a focus of public interest. This (This is Lebanon “Halima”). women perform household chores nor- paper conducts an overview of Lebanese Research on MDWs focuses on topics like mally assigned to Lebanese women in gendered and racialized labor laws under the racialization of MDWs and the rela- their own households. Since labor laws Kafāla based on a materialist theory, ana- tional aspects of the employment.1 do not apply to MDWs, MDW from the lyzing a range of local NGOs that address Complex social issues, in which a variety Global South in particular are affected by MDW’s rights. of economic, political and social aspects exploitative regulations under the Kafāla come into play, must also be comprehen- system. Due to gender-specific aspects of Keywords: Lebanon, Labor Law, Slavery, sively examined. The legal component migration and asylum and gendered and Kafala, Migration, Gender plays a central role, but so do the percep-

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tion of and discourse on social aspects of ical approach and research method that post-colonial state; in accordance with living together, such as migration, work, seeks the causes of societal change in the Wallerstein’s materialist conceptualization and women’s rights. To understand the cir- mode of production, i.e., the system of of the division of the persisting world cumstances of people living under and labor usage and the production of goods. order between capitalist core centers, the strongly influenced by the Kafāla, the legal This ranges from observations of the semi-periphery, and the periphery, perspective is not the only relevant one; epoch-specific emergence of economic Lebanon is categorized as the latter so are civil society associations promoting systems and their transition into each (Wallerstein 49); the continuities of former certain rights and concessions. In this con- other, to observations on the ownership colonial patterns and rule still persist in text, migrant self-organizations and the and domination of the means of produc- many respects. In themselves and in aca- way they campaign, their objectives, and tion and the control of labor and labor demic scholarship, the terms post-colo- their scope play a central role. To analyze regulations in pre-industrial societies and niality and post-colonial thought address the Kafāla system in Lebanon, a review of industrialized as well as contemporary political, economic, and social structures, existing self-organizations will be used in capitalist orders. A materialist analysis, especially aspects of colonial legacies and addition to a review of the legal aspects; thus, is one that primarily looks into continuities between the Global North however, this paper does not provide socio-economic preconditions, social and the Global South. Identifying and thus qualitative data collected in personal struggle and prevailing circumstances deconstructing these is a basic element of interviews, but rather a sound foundation when analyzing certain aspects of social post-colonial theory (Dhawan; do Mar of contemporary literature and concept life (Kannankulam 200, Robinson 27). Castro Varela 15). analysis, with a potential for further quali- Thus, based on socio-economic contexts, The post-colonial theorists Nikita Dhawan tative research. This paper focuses on social heritage and classes matter when and María do Mar Castro Varela outline legal aspects and the work of organiza- looking at historical developments and the transformation of the term post-colo- tions like This is Lebanon (TIL), KAFA, and modern globalization. Class can be seen nial itself since its use and scholarship in Anti-Racism Movement (ARM). The theory as identity as well as a social relationship; the 1970s. At that time, it focused on the and method, based on post-colonial and however, Marx interpreted class as the lat- situation of former colonies, although a materialist approaches to migration and ter rather than as a specific nascent social decade later it addressed all colonized self-organization, provide the framework rank, assuming all social relations are regions and communities and their history for this paper. based on a socio-economic foundation of colonization up to the present, includ- such as capitalism, in which the capitalist ing the recognition of the histories and Theoretical Framework and Methodology class can not exist, let alone survive, with- traditions of colonized regions before This article builds on the theoretical, con- out the proletariat and vice versa.2 Further, their conquest. In this article, post-colonial ceptual, and methodological approaches the socio-economic aspect of analysis is consciousness plays a central role when of historical materialism and post-colonial intertwined with a solid framework of looking at Lebanon as a post-colonial theory. Historical materialism is a theoret- post-colonial premises. Lebanon is a state, still influenced by former colonial

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ideas and social orders (Dhawan and do not to be mistaken as identity – famously (ILO) recognizes domestic work under two Mar Castro Varela 15). Lebanon’s formal include women vs. men in a binary gender classifications, including housekeepers, independence as a nation-state followed code, white vs. non-white, citizen vs. personal care workers, DWs, and other a 23-year rule by the French Mandate, non-citizen, and many more.3, 4 related helpers in commercial spaces, pri- which was one part of the historic violent Materialist perspectives on the role of the vate households, and other establish- Western European conquest and rule over modern (nation) state, which enforces dif- ments (ILO 29-30). A study from 2011 various regions worldwide. Consequently, ferent social, political, and legal accesses reported that around 65% of MDWs have this article’s analysis of legal and social and rights on its own citizens and on experienced a situation of exploitation aspects of migration in Lebanon is based non-citizens, thus enabling greater and such as forced labor, servitude, or slavery on the premise of (post-) colonial continu- unprotected exploitation of non-citizens during their time in Lebanon (Hamill 5). ity in a post-colonial state. and often racialized people by the local Legally, the terms forced labor, servitude, Nevertheless, post-colonialism and its ruling and political class, but also by the slavery, and practices similar to slavery are philosophical concept are disputed in local and citizen workforce (Zeiler 10, different, but they have similarities and are academia and in activism. Aspects of the Kannankulam 50), as is also thoroughly often conflated. Each involves a different practicability of post-colonialism for cur- exemplified by the colonial European bor- type of exploitation or control.5 The ILO rent and targeted anti-colonial struggles der, migration, and labor regime (Kasparek Convention on Forced or Compulsory and protest movements with a clear aim to 170, Kannankulam, Georgi 49, Buckel 88, Labour outlines several criteria indicating achieve a concrete different and new Rodriguez Gutierrez 19). In the current forced labor, such as restriction of move- anti-colonial societal structure are being world order, migration regulations and the ment and/or confinement to a limited questioned (Dhawan, do mar Castro protection of (work) migrants differ under area, the retention of official identity doc- Varela 339-341). However, the valid ques- international, national, and often regional uments, the withholding or nonpayment tion of post-colonialism’s usefulness as a law and jurisdiction. The following chapter of wages, debt bondage or bonded labor, historical and analytical tool to describe examines the legal perspectives of and last, threats of denunciation to the societal orders, leaving aside practically migrant domestic workers in Lebanon authorities (11-14). As international treaty solving them generally or in Lebanon, can- under special consideration of the migra- law does not offer an explicit definition of not be answered in the framework of this tion and labor nexus provided by Kafala. the term servitude; the UNODC (United paper (Dhawan, do mar Castro Varela 286- Nations Office on Drugs and Crime) 288). Legal Perspectives and the Status of Model Law defines it as a labor condition However, a materialist analysis of society Migrant Domestic Workers from which a person cannot escape.6 The also considers various categories that Domestic work is not defined by Lebanese Slavery Convention and the exist under (pre-) capitalist orders, includ- national law, but the International Standard Supplementary Convention on the ing remuneration, labor, and people’s Classification of Occupations (ISCO) by Abolition of Slavery define slavery as “the material conditions. Those categories – the International Labour Organization status or condition of a person over whom

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any or all of the powers attaching to the forced labor, safe and fair working hours, italist system that, though trying to make right of ownership are exercised” (16).7 adequate standards of living, etc. the conditions for workers more bearable, Slavery is the term with the fuzziest defini- Furthermore, international treaties8 like still does not tackle the problem of tion regarding these types of exploitation, ICCPR, ICESCR, ICERD, and the exploitation at its roots, as it does not con- leaving a wide scope for interpretation. Convention against (CAT) cover sider capitalist structures and employers Debt bondage, serfdom, servile marriage, the right to safe working and living condi- to be part of the problem that makes and child servitude are regarded as prac- tions and freedom of movement, banning exploitation inevitable. tices similar to slavery under the torture and inhumane treatment. The The Lebanese labor law was enacted in Supplementary Convention on the International Convention on the 1946 and most recently amended in 2000 Abolition of Slavery. Some legal experts Elimination of All Forms of (Lebanese Ministry of Labour “Lebanese regard all these forms of labor as mod- against Women (CEDAW) enshrines in Labour Law”). Article 7 of the Lebanese ern-day slavery, whereas others don’t. Article 11 the right to work, maternity labor law explicitly excludes DWs not only From a legal perspective, there are no leave, and equality in working hours and from its protection, but also from guaran- clear boundaries (16). payment. And finally, Lebanon ratified a tees like minimum wage, annual leave, Lebanon has ratified a number of interna- protocol to prevent, suppress, and punish number of working hours, etc.11 (Leaders tional conventions through which human trafficking in persons, especially women 10). Furthermore, the labor law lacks spe- rights principles have been introduced and children (Leaders 6-8). Besides ratify- cial regulations for refugees, economic into Lebanese law. Furthermore, in the ing international conventions, Lebanon migrants, and other non-Lebanese per- ’90s after the civil war, the Universal joined the ILO in 1948 and has ratified sev- sons, with the exception of Palestinian ref- Declaration of was included eral ILO conventions.9 Most international ugees, who are registered with the Ministry in the preamble of the Lebanese labor conventions apply to DWs as well of the Interior. Under the Foreigners Law, Constitution. Article 2 of the Code of Civil (ILO 20). Even though Lebanon did not every person who does not hold Lebanese Procedure states that international con- ratify all the ILO conventions, it still has to citizenship is considered a foreigner. DWs ventions supersede ordinary law based on respect the fundamental rights that are are subject to a special legal system called the principle of the “hierarchy of rules” stated in them as long as they are a mem- Kafāla. Most regulations are passed by the (Leaders 5-6). Even though not all interna- ber of the ILO (Leaders 8). In 1976, the ILO Directorate of General Security in accor- tional conventions address workers’ rights established the Regional Office for Arab dance with the requirements of the and labor in particular, most of the inter- States10 in , where you can file com- Ministry of Labour (Hamill 25), because national treaties provide social protection plaints with the organization, which can Lebanese law lacks any comprehensive that affects workers’ rights indirectly. The conduct investigations and make final rec- regulation12 on these matters (Leaders 32, Constitution, including the Declaration of ommendations (Leaders 8). It should be 36). The majority of MDWs in Lebanon are Human Rights, ensures the right to secu- taken into consideration that the ILO is an from Africa or Asia, and since one quarter rity, equality, freedom from slavery and organization within a broader global cap- of the Lebanese population employs a

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MDW, which is seen as a sign of status and form a trade union makes it impossible for tions, and limited access to legal help. In class, they play a central role in the popu- stateless persons to establish or join one addition, the Lebanese government issues lation’s self-perception. According to (Leaders 11-12). DWs frequently report work and entry visas to workers from Nisreen Kaj, an important aspect of the excessive working hours and delayed or countries that have a deployment ban Lebanese collective identity is self-percep- withheld payment of wages. Regarding against Lebanon. In this case, the recruit- tion as a white nation13 and the othering of domestic work and therefore the abuse of ment often involves illicit routes and MDWs who are mostly non-white. This a woman by another woman as an individ- bribes. The Lebanese government drafted makes citizenship and the identification ual problem shifts responsibility from the a law on DWs, which is not in force, and with the Lebanese state more important state to the private households (Ringrose the establishment of an emergency than another basis of identification and Stubberud 410). But the vulnerability hotline in the Ministry of Labour. The pro- (Ringrose and Stubberud 408-410). In his of MDWs is linked to several structural fac- posed draft still lacks legal protection, paper, Ray Jureidini states that the hierar- tors, such as the Kafāla system itself, the because it is possible, for example, to chy of female WDMs throughout West recruitment process, and the lack of legal restrict the MDWs’ movement (Hamill 5-6). Asia is reflected by their salaries, with protection. The Kafāla fosters conditions Since 2009, MDWs sign a unified compul- Filipino women being paid the highest, under which MDWs can become subject sory standard labor employment contract Ethiopian women in between, and Sri to trafficking, exploitation, and abuse. issued by the Ministry of Labour, which, Lankan women the lowest – agents and Their immigration status is linked to a sin- however, is available only in and employers claim this is based on the work- gle employer, who under the Kafāla can does not guarantee the DWs’ rights to ers’ education, skills, language, and phys- legally prevent the MDW from leaving the keep their passports (Leaders 32, 36). As ical attractiveness (Jureidini 145). house, even for years. A 2010 Human basic rights, the contract restricts the According to the labor law, neither a Rights Watch report revealed that in over working hours to a maximum of 10 hours migrant nor a non-migrant domestic 100 cases employers did not face a single a day with at least 8 consecutive hours of worker can form a trade union (Human legal consequence for locking workers rest at night. The worker is entitled to paid Rights Watch). In some cases, there are inside homes, confiscating their passports, sick leave, 6 days of annual leave, and the exceptions for foreigners who have a work or denying them food (Ringrose and right to receive phone calls. The employer permit and meet certain requirements, Stubberud 407). The Kafāla prevents has to purchase health insurance for the but this does not apply to MDWs. This MDWs from seeking help without jeopar- worker and cover the costs of a monthly matter is considered to be a violation of dizing their legal immigration status. phone call to the worker’s parents. The sal- the ICCPR ratified in 1972, whose article 22 During the recruitment process, MDWs ary has to be paid at the end of each states that everyone has the right to form often may be deceived or not informed month with receipts that are signed by and join a trade union for the protection about the working conditions, hours, both parties (). The of their interests (). wages, contract duration, restrictions on contract can be terminated by either the Also, requiring Lebanese citizenship to freedom of movement and communica- worker or the employer, with two sets of

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grounds that leave wide scope for inter- law leaves them vulnerable with almost no Advocating legal reforms, influencing pretation. According to article 14, the legal safeguards and a high risk of being public opinion, conducting research and worker can terminate the contract if the subject to abuse and exploitation. trainings, and providing social, legal, and employer fails to pay wages for three con- psychological support for victims of vio- secutive months, if the worker has to work Analysis lence, it takes various approaches to in another capacity without her or his con- Civil society organizations provide a plat- change current social structures. It focuses sent, or if the worker is being assaulted, form for mass mobilization and influenc- on three areas: family violence, exploita- abused, harassed, or sexually assaulted by ing public opinion, thus creating pressure tion, and the trafficking of women, espe- one of the occupants of the houses. on local politics and law. Following a thor- cially MDWs and sex workers. In coopera- However, this applies only if the worker ough investigation of the legal aspects of tion with the Civil Society Knowledge can provide proof, for example with med- Kafāla as applied specifically in Lebanon Center and Lebanon Support, KAFA maps ical or police reports. This makes unproven and information from various self-organi- cases of MDWs’ deaths. The map collects assault, refusal of legal leave, or refusal of zations, an overall analysis informed by a cases and information and aims to stress access to appropriate sustenance and materialistic approach illuminates the liv- the ties between the Kafāla system and the accommodation insufficient grounds to ing and working situations of women high rates of abuse and deaths of MDWs terminate the contract. On the other side, under Kafāla in Lebanese society. The (Civil Society Center). article 13 states that the employer can ter- mostly migrant-led self-organizations Starting with outreach, KAFA has great minate the contract if the worker commits KAFA Violence and Exploitation, TIL, and national and international influence an error or negligence or violates ARM are examined based on these con- through its international campaigns. Lebanese law. These terms leave wide crete criteria: 1.) Range/Outreach, 2.) Offered in fluent English and Arabic, cam- scope for interpretation, because they are Objectives, 3.) Forms of Representation. paigns are mainly conducted online and unspecific, which gives the stronger party, made public. Thus, the power of social the employer, more opportunity to act in KAFA – Enough Violence and Exploitation media is used, which becomes particularly an arbitrary manner. The Directorate of KAFA, represented online in English and relevant for social associations, protests, General Security prohibits migrant DWs Arabic along with a help line, was estab- and entire movements. As the campaigns from changing their sponsorship without lished in 2005 and seeks to eliminate all focus on different aspects of social life and prior approval from the relevant authori- forms of gender-based violence. The thus different forms of oppression, divided ties, without specifying which authorities organization defines itself as a feminist, among Domestic Violence, Domestic decide this matter. In addition, foreign secular, non-profit, and non-governmental Workers, Personal Status, Sexual Violence, workers can transfer their sponsorship civil society organization. Its aim is to cre- and Women in Prostitution,14 it is worth- only twice during their employment ate a society that is based on gender while to take a closer look at these forms period (Leaders 36). Summarizing, the equality and is free of social, economic, of oppression and exploitation that are lack of protection for DWs under the labor and legal patriarchal structures. particularly relevant for women. In addi-

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tion to a special telephone hotline, there to the support hotline, which can be the first organization to publish the names is also a nationwide campaign to protect reached by telephone (KAFA). Through its of the abusers, thus making the cases pub- people from domestic violence. News and social media platforms, KAFA reaches lic, which influences public opinion and statements about ongoing campaigns are around 145,183 people on Facebook and puts pressure on politicians and state insti- updated in this context. In addition, a sub- has over 4,515,000 views on YouTube. tutions to act against the abusers. The category, Personal Status, has been estab- KAFA uses three main strategies: an indi- organization provides legal support, trans- lished, which deals with questions and vidual approach, in which it provides help lations, rescues, and medical referrals and challenges about women’s personal affairs in specific situations; second, addressing emergency protective support, making that are regularly dealt with in the respec- private employers; and third a broader the abolition of the Kafāla system and ref- tive religious courts in accordance with approach focusing on legal, state, and ormation of the labor law its main aim. TIL women’s religious affiliation and within social structures. As important as the first is not only familiar with the problems and which women often experience discrimi- and second approaches are, they are only obstacles DWs face in Lebanon, it also has nation. Other campaigns are dedicated to short-term or one-off solutions. With its direct access due to its language skills. the topic of sexualized violence, such as third approach, KAFA recognizes that TIL’s aim is to empower DWs by informing harassment, assault, and rape. The forms exploitative working conditions are not an them of their rights and to provide them in which KAFA has represented DWs individual, but a systematic problem, in access to information and legal and med- include launching a campaign targeting which legal structures and social and eco- ical support. The website started by expos- Lebanese employers. KAFA publishes nomic patterns foster the conditions for ing abuses and grew into a platform for booklets clarifying legal contexts, accom- exploitative and abusive working relation- abused DWs. TIL’s publicity work includes panied by certain demands for changes. ships; KAFA seeks to shift the problem campaigns, testimonies, and activist Further, it provides annual reports, studies and the responsibility from private house- actions to mobilize and publicize specific of domestic violence in Lebanon, and holds to the state. cases. In addition, community work, net- studies of the power relationship between working, and the groundwork done by employers and employees. A large part of This is Lebanon volunteers are making further progress. In KAFA’s work consists of campaigning, TIL emerged in 2017 and is run by a coali- the past, TIL has been frequently treated publishing cases especially on social tion of former DWs and activists. Since in the media. Like the other two organiza- media, in videos, and in reports, with the 2019, TIL has been a non-profit organiza- tions, TIL depends on donations. aim of spreading and generating social tion in registered Canada under the name As with KAFA, a major cornerstone of TIL’s pressure. In addition, a support center is Domestic Workers Unite. In 2014, the work is campaigning and raising aware- also provided where, according to KAFA, founders Dipendra Uprety and Priya ness of cases in which DWs experience women and children in particular can Subedi, who were former migrant workers forms of violence and exploitation. The receive help and advice, regardless of in Lebanon, immigrated to Canada, but organization goes one step further and their religion and nationality. This is linked continue helping MDWs in Lebanon. TIL is publishes not only the actual facts and

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experiences of the young women, but also physical violence and murder, but is her- and abuse in Lebanon on a social and the Lebanese employers’ real names and self a well-known women’s rights politician institutional level through awareness rais- contact details –telephone or mobile num- and activist, reveals, on the one hand, the ing and advocacy. ARM focuses on MDWs, bers, email addresses, and Facebook or discrimination interfaces that women in but also works with migrant workers in Instagram profiles – thereby causing pub- Halima’s position experience and, on the general, Sudanese refugees, governmen- lic embarrassment of and public pressure other, the double-edged role that other tal ministries, media institutions, schools, on employers but also politics. In addition, women can play in this context: women’s universities, and civil society/international/ various opportunities for collaboration rights activists and emancipation fighters, intergovernmental organizations. It views and donations are provided to support on the one hand, oppressors, on the other, its work as a political engagement and, as the work of the organization. Its social emphasizing the discrepancy between it mentions in the annual report, adopts media platforms (Facebook: 79,090; class interests (migrant worker vs. feminist ethics without specifying them Instagram: 4,581; Twitter: 2,603 subscrib- employer) and sharing a similar societal any further (ARM “Annual Report” 7). ers) give its information and campaigns a identity (being a woman). As many testi- Since 2012, ARM has been a registered wide reach. When contacted by a DW, the monies show, host mothers in particular non-governmental organization with a organization contacts the employer and are involved in the abuse and exploitation growing platform (Facebook: 18,771; asks them to pay the DW’s salary, or in of women workers, which describes the Instagram: 805; Twitter: 717 subscribers). cases of forced labor, asks to release the phenomenon of female misogyny, i.e., By 2016, ARM had established three DW and send them home, if requested. hatred and rejection of women by other Migrant Community Centers (MCCs) and Most cases are resolved peacefully, but in women. As in Halima’s case, it becomes a Sunday Educational Space in three cases of refusal to pay the salaries or cases vividly clear how labor responsibilities in major cities. The MCCs aim to create a safe of torture, sexual violence, slavery, or slav- capitalist orders shift to differently racial- space for migrant workers, where they can ery-like conditions, the abusers are ized and feminized bodies differing from meet and learn new skills and have access exposed on social media. Each case is context to context, but do not fundamen- to information, which is provided in addressed by a different approach, for tally change. English and Arabic. The focus is not only example naming and shaming abusers in on the living and working conditions of public so that local authorities step in. Anti-Racism Movement (ARM) DWs, but also on the issue of and various Halima’s high-profile case is one of many The ARM was formed in 2010 by a group facets of racism in general. The MCCs con- that show the extent of exploitation and of Lebanese feminist activists and migrant tribute to building a strong migrant civil the intersection of several aspects of dis- workers in response to a racist incident at society, with a focus on women as leaders. crimination against women as migrants a private beach resort in Beirut, where The offered programs include languages, and workers. That her host mother and ARM activists filmed the management’s computer, rights education, and advocacy thus her employer coerced Halima, phys- acts of discrimination and segregation. training classes, as well as cultural ically abused her, and threatened her with ARM’s aim is to fight racist discrimination exchange events and social gatherings.

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Dimitra Dermitzaki The MCCs are run by general coordinators regulations in Lebanon, it can be con- represent their relationship to and depen- and migrant community leaders and are cluded that research on existing forms of dence on society. On this basis, feminized is a Political Scientist and Anthropologist supported by members of the ARM. Its Kafāla is complex. In addition to the obvi- bodies in binary-coded social gender rela- based in Berlin and currently a work has a broader range than that of the ous work-specific aspects, which the orga- tions are considered crucial for produc- researcher at the German Center for other two organizations, focusing on vari- nizations and individuals concerned refer tion aims but are put, in parallel, into cre- Integration and Migration Studies. She ous effects of racism in everyday life, to as slavery, there are also concrete ated categories of women (binary gender received her B.A. diploma in Political including migration, gender-, and aspects of migration and self-organization context) or migrant or non-white to justify Science and Anthropology from labor-specific aspects. Here too, an or protest, as well as feminist approaches. lower remuneration. On the other hand, Georg-August-Universität Göttingen important part of its work and representa- A look at the work and working conditions they are seen as responsible for reproduc- and graduated with an MA in Political tion is documented by testimonies from of DWs, who are predominantly female tion, educating offspring, and caring for Science from Freie Universität Berlin other community members and people and represent a large work force of the household. Although this is a relevant in 2019 with focus on migration, the seeking help. Campaigns, measures, inter- 250,000 in a country of about 6 million, building block for the survival and forma- EU border and asylum policy, gender views, and reports are summarized in the but who are hardly legally protected, tion of social orders and the cornerstone specific aspects of labor division and annual report and are freely accessible exposes the restrictive and interlocking for the material survival of families and migration and post-colonialism. Her (ARM). migration and labor law regimes (here: entire generations, this feminized work is research interests include migration, All three organizations provide important regulations). Domestic work, which is allot- neither paid nor socially recognized, as if postcolonial and gender studies, and much-needed work, but also tackle ted to persons who are regularly posi- it were not real labor. Thus, the shift of this Marxism-Feminism with a wide interest problems that should be the state’s tioned or read as women and thus repre- work and thus responsibility in Lebanese on the Mediterranean and West Asia responsibility. Within a capitalist-struc- sent so-called feminized work, is not paid society from Lebanese women to non- and the effects of austerity policy on tured world, where (neo-)liberal support- for by the majority of people worldwide white immigrant women, who are some- contemporary Greek society. As political ers call for the restriction of the state’s grip and thus also not in Lebanon. To achieve times brought illegally into the country for educator, she is regularly teaching on the economy, civil society organiza- more social justice for their conditions, the sole purpose of domestic work, is not workshops and lectures on materialist tions are essential for providing a safe another definition of work is relevant that only proof of the close link between labor feminism, migration and EU regulations space and platform to voice the interests recognizes household labor as work. regimes and migration regimes, where and postcolonialism and anti-racism. of civil society, influencing public opinion, However, since this is not regular paid migration is regulated by labor and labor email: [email protected] and creating political pressure. work, it is not only not remunerated, it also regulations depending on status, nation- receives little or no social recognition. ality and class affiliation. It also reveals the Conclusion From a materialist approach, it thus exploitive character of feminized work in Based on the knowledge about and becomes clear that, due to the class rela- patriarchal social structures, which, even insights into these organizations, the tions in which they live, people are divided as proclaimed work and labor from range of their issues and the different into social strata that, on the one hand rep- abroad, does not receive fair recognition forms of their support, and an in-depth resent docking for identity and identity and remuneration. Labor responsibilities examination of the legal aspects of Kafāla formation, but, on the other hand, also in capitalist orders only shift, but do not

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Sylvia Riewendt fundamentally change. Moreover, many women’s careers are based on the is a PhD candidate in Arabic/Middle exploitation of other women’s labor, as is Eastern Studies and a freelance revealed in the cases of domestic workers. translator based in Wiesbaden. She The discrimination, oppression, and received her B.A. diploma in Islamic/ exploitation of women by other women in Middle Eastern Studies from Albert- the name of feminism and women’s rights Ludwigs-University in Freiburg. In 2016, goes beyond the question of gender she graduated with a M.A. in Arabic/ identity to a class question in which the Islamic Studies with a focus on Islamic maintenance of certain class relations and Law from Georg-August-University the privileges of certain social groups of Göttingen. Since 2016 she is writing people are the main concern. Civil society her PhD thesis about Children‘s Rights organizations such as TIL, KAFA, and ARM and Society in Egypt. Her research thus open up the possibility of self-organi- interests include Human, Children‘s and zation and the reclaiming of agency, espe- Women‘s rights on an international, cially where women and workers are regional and national level, Gender denied it and these organizations provide Studies, Feminism, Islamic Law and a platform for their voice. Their thematic legal developments in West Asia and focus and linguistic as well as local reach North Africa. and accessibility are a form not only of email: [email protected] representation, but also of self-organiza- tion, strengthening of the community, and reclaiming the ability to act.

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2 3 Notes Domestic Workers in Marx’s broader analysis of The applied terms white 4 In contemporary Marxist Lebanon.” Migration Review, the modes of production and or non-white are used as and non-Marxist theories and 1 See Jureidini, Ray, and vol. 52, no. 3, 2018. the role of the global working contemporary concepts concepts, class is sometimes Nayla Moukarbel. “Female Sri --. “’The Paper that You class, which he called the within a certain context and defined as an identity and Lankan Domestic Workers in Have in Your Hand is My proletariat, is found in Marx time. Thus, white does not the individual perception of Lebanon: A Case of ‘Contract Freedom.’: Migrant Domestic und Engels Gesammelte intend to highlight the exact a person within society. The Slavery’?” Journal of Ethnic Work and the Sponsorship Werke. Das Kapital was a skin color of a person, but important point in this is not and Migration Studies, vol. (Kafala) System in Lebanon.” groundbreaking, thorough rather the (inherited or given) to insist on classical Marxist 30, no. 4, 2004, pp. 582-607. International Migration analysis of production modes access to certain needed and definitions and interpretation, Ali Beydoun, Khaled. “The Review, vol. 47, no. 2, 2013, p. and the exploitation of the desired resources in society. but to differentiate between Trafficking of Ethiopian 414-441. proletariat by the ruling class, It summarizes legal, political, class being perceived Domestic Workers into Abu Jaoudeh, Samantha E. which is often to be equated and material conditions and and promoted as (often Lebanon: Navigating Migrant Domestic Workers with the political ruling class resources that provide a individualistic) identity or as through a Novel Passage in Lebanon: In between the (MEW Volume 13). According certain living standard and social relations and power of the International Maid and Abuse. to it, humans are, broadly thus privileges for a certain relations, shaping society Trade.” Berkeley Journal of University of Osnabrück, speaking, divided into two group of people who are and social orders in total. International Law, vol. 24, no. 2017. classes, the exploited and mostly of European and With the premise that class 3, 2006. the exploiters, and all social therefore white descent. is a social relation in which Jureidini, Ray.“An Exploratory and political power relations Racialization of people can humans – and nature, for Study of Psychoanalytic and depend on socio-economic thus include their religion, that matter – are exploited Social Factors in the Abuse relations. Thus, the individual value/cultural perceptions, to various degrees by other of Migrant Domestic Workers class background – along phenotype, and class humans, the understanding by Female Employers in with other factors – has a belonging (and many more, of labor as a means of Lebanon.” Kafa (enough) huge impact on people’s depending on the time and survival by selling one’s labor Violence & Exploitation, 2011, lives: access to education, context). for a wage is relevant. Thus, www.civilsociety- centre.org/ material living conditions, this paper addresses the sites/default/files/resources/ and health issues. However, interconnection between mdw-abuse-female- class dominates all social selling labor, migration, and employers.pdf. relations and, as Marx specifically migration-related Denman, Kate. “The pointed out, society is labor and labor struggles, Constrained Capabilities continuously shaped by class with a focus on gender- of Overseas Domestic struggle in various forms. specific exploitation and Workers in Lebanon.” He argues that within these violence. Migrant Rights Organization, class relations all value is 2012, www.migrant-rights. produced by the labor and ––› org/wp-content/uploads/ exploitation of the proletariat Constrained-capabilities- – the most extreme form of of-ODW-in-Lebanon_K- which exploitation is slavery Denman_2012.pdf. – and these structures prevail Pande, Amrita: “Intimate through various mechanisms, Counter Spaces of Migrant particularly the state itself (Zeiler 8).

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––› 9 5 Slavery and servitude 7 The UNODC Model Law 8 Article 8 of the International Convention No. 98 on 12 Some legal provisions are connected to outright provides further interpretive Covenant on Civil and Freedom of Association and can be found in the 1962 ownership or bondage, guidance on the definition, Political Rights (ICCPR) Collective Bargaining (1977), Foreigners Law, the 1949 whereas forced labor may be but it does not further clarify prohibits slavery and human Conventions Nos. 29 and 105 Labour Law, the 1932 General most of the time a temporary what the exercising of trafficking. Article 6 and 7 of on the Elimination of Forced Contractual Obligations position or situation (Hamill power attached to the right the International Covenant Labour and Compulsory Law, and the Lebanese Penal 13-14). of ownership means. The on Economic, Social and Labour (1977), Conventions Code. statutes and decisions of the Cultural Rights (ICESCR) Nos. 100 and 111 on 6 “Servitude shall mean the international criminal courts, deal with the right to work Combating Discrimination in 13 For more information, labour conditions or the the UN Working Group on and with just and favorable Employment and Occupation see Kaj, Nisreen. In Black obligations to work or to Contemporary Forms of working conditions, including (1977), Conventions Nos. 138 and White? A Look at Race render services from which Slavery, and the subsequent the right to rest, leisure, and 182 on Minimum Age Thinking, Racialisation and the person in question UN Special Rapporteur on and restrictions on working for Admission to Labour and Racism in Contemporary cannot escape and which Modern Forms of Slavery time. Article 8, 9, and 10 Worst Forms of Lebanon. Working paper, he or she cannot change” provide further guidance on grant the right to form and (2003 and 2001), Convention Center for Ethnicity and (UNODC Model Law 36). definitional matters. join trade unions, to social No. 87 on Freedom of Racism Studies, 2012. This definition is rooted in security including social Association and Protection the Universal Declaration insurance, and the right of the Right to Organize 14 In this context, the authors of Human Rights and the to appropriate standards (2012) with a reservation on use this term as it is used Covenant on Civil and of living. Article 5 of the removing the requirement by the organization itself. Political Rights, but neither International Convention on of prior authorization from The authors’ preferred term provides an exact definition. the Elimination of All Forms the Ministry of Labour when would be sex work. The term servitude may of Racial Discrimination establishing a trade union. also relate to the concepts (ICERD) guarantees the right ––› 10 of servile status or serfdom to equality and freedom of The office was out of in the Supplementary movement. service during the civil war Convention on the Abolition and was reopened again in of Slavery (1956). These terms 1995 after the war. are often considered more 11 to be a practice similar to The article also excludes slavery, but constrained and other groups of workers less coercive than outright who are subject to special ownership. The definition regulations, e.g. agricultural of domestic servitude is unions, government still developing under departments, and day and international law (Hamill temporary workers who are 14-15). not covered by the personnel system.

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