Bahrain's Brain Drain: Why Are People Leaving?

Bahrain has a history of intra-regional overseas contract workers, with expatriates making up 63% of the workforce. The country is known for its affordability of housing, ease of visa acquisition, and digital readiness, making it an attractive place for expats to settle. However, there are also push factors that drive Bahrainis to emigrate.

Bahrain has been wracked by sectarian conflict and has struggled to develop humane policies for its foreign workers, who have faced abuse, exploitation, and detention. The country has a large expat population that now outnumbers citizens, and there are recurring tensions between locals and expats. Bahrain has also faced criticism for its treatment of migrant workers, with reports of passport confiscation, restricted movement, and poor living and working conditions.

In addition, Bahrain's oil industry, which used to be a major draw for expats, has shifted focus to petroleum-processing and oil-refining, and the country's commercial reputation has suffered since the Bahraini uprising in 2011. Furthermore, growing youth unemployment and a large expat population have led to tougher measures to limit jobs and increase taxation for expats.

As a result, Bahrainis may emigrate in search of better economic opportunities, improved living and working conditions, and greater political and social stability.

The kafala system

In Bahrain, the kafala system has undergone reforms in recent years. In 2009, Bahrain claimed to repeal the kafala system, allowing migrants to be sponsored by the Labour Market Regulation Authority and change employers without their current employer's agreement. However, critics argue that these reforms are poorly enforced and do not amount to a true abolition of the system. In 2017, Bahrain introduced a flexible visa system, allowing workers to sponsor themselves and work for multiple employers. More recently, in 2022, Bahrain launched a new Labour Registration Program, which replaced the previous flexible visa system. Under this program, workers must obtain a vocational work permit through a certified registration centre, and while it offers greater freedom for migrant workers, it also comes with additional costs that were previously covered by employers.

While the kafala system has faced growing criticism and calls for reform, it continues to be practised in many countries with some modifications. The system's persistence can be attributed to economic benefits and the need for cheap labour in the host countries, as well as the remittances sent back to the workers' home countries. However, the negative impacts on migrant workers' rights, welfare, and working conditions have led to international scrutiny and efforts towards reform.

Poor working conditions

Bahrain has a history of poor working conditions for migrant workers. Migrant workers in Bahrain come mainly from South and Southeast Asia, Egypt, and Jordan. They are employed in construction, automotive repair, hospitality, and domestic service.

Migrant workers face discrimination in the workplace, including passport confiscation, restricted movement, substituted contracts, and unpaid wages. They are also subject to physical and sexual abuse.

The Labor Market Regulatory Authority (LMRA) estimates that around 70,000 migrant workers in Bahrain are undocumented. The majority of them are Bangladeshi workers.

The International Labor Organization (ILO) and international NGOs have noted that foreign workers face discrimination in the workplace. In many cases, employers withhold passports, restrict movement, substitute contracts, or do not pay wages.

The Migrant Workers Protection Society (MWPS) at times took in women who were mostly domestic workers. Among them was at least one woman who reported being raped.

The Bahrain government has made efforts to improve working conditions for migrant workers. Over the past 15 years, the country has abolished the practice of transporting workers to jobs in open trucks. Bahrain has also introduced the flexi-visa permit, which has given many workers more freedom to work.

Expulsion and deportation

Historical Context

Deportation and expulsion have been used as tools of repression and population control throughout history, with ancient instances recorded in Mesopotamia, and the kingdoms of Israel and Judah. During the 20th century, the practice was elevated to a global scale with the implementation of immigration control measures by countries such as Australia, Canada, the United Kingdom, and the United States.

Current Situation in Bahrain

Bahrain's deportation policies have been criticised by human rights organisations such as Amnesty International and Human Rights Watch. Since 2012, Bahraini authorities have stripped hundreds of nationals of their citizenship, leaving many stateless, and exposing them to the risk of deportation. This issue is compounded by amendments to Bahraini law, which have broadened the grounds for revoking citizenship to include vague allegations of "damaging state security" and failing in the "duty of loyalty" to the state.

Reasons for Deportation

Bahrain's deportation policies disproportionately affect certain groups, including human rights defenders, political and opposition activists, lawyers, journalists, doctors, religious scholars, and individuals accused of terrorism-related offences.

Social Ethics and Traditions

Bahrain's cultural and legal norms are rooted in Islamic traditions and values. Deviations from these norms, such as public drunkenness, physical assault, damaging public property, and the consumption or possession of illegal drugs, can result in fines, imprisonment, and deportation.

Dress Code

Bahrainis dress conservatively and can be offended by inappropriate attire that does not align with Islamic values. Visitors and residents are expected to dress modestly, especially during Ramadan, avoiding transparent or indecent clothing that exposes the body. Nudity, including topless sunbathing, is strictly forbidden.

Respect for Religion

Islamic religious values are highly respected in Bahrain, and any disrespect towards religious beliefs or practices can result in heavy fines and/or imprisonment. During Ramadan, Muslims fast from dawn to sunset, and it is forbidden for anyone, including non-Muslims, to eat, drink, smoke, play loud music, or dance in public during daylight hours.

Employment

Working without a proper visa is illegal in Bahrain, and failure to comply can result in prosecution, imprisonment, and deportation. It is common for employers to request a Good Conduct Certificate from the police for individuals seeking employment.

Travel Bans

Travel bans are legal prohibitions imposed by the Bahraini government to prevent individuals involved in disputes from leaving the country. These bans are often related to financial, civil, or criminal disputes, immigration violations, or ongoing investigations. They are typically not lifted until the matter is resolved, which may involve paying fines or settling disputes.

Bahrain's deportation policies have been criticised for their negative impact on human rights, including the freedom of expression, association, and dissent. The broad and vague grounds for deportation, coupled with the power of the authorities to revoke citizenship, have led to concerns about the arbitrary nature of these decisions and their impact on stateless individuals.

Racism and xenophobia

Bahrain has also been criticised for its treatment of migrant workers, who often face difficult working conditions such as forced labour, non-payment of wages, passport confiscation, and debt bondage. This is due in part to the sponsorship scheme, which creates a power dynamic that leaves migrant workers dependent on their employers, opening up the possibility for abuse.

Additionally, Bahrain has been accused of practising apartheid against Palestinian residents. While some steps have been taken to grant Palestinians the same rights as other foreigners in the country, there are still reports of discriminatory practices, such as prohibiting Palestinians from owning property and restricting their ability to work in certain areas.

On a more positive note, Bahrain has ratified the International Convention on the Elimination of All Forms of Racial Discrimination and has laws in place to prevent racist and xenophobic practices. For example, Bahrain's Penal Code makes it an offence to incite hatred or contempt for a group of people, and the country's National Plan for Human Rights 2022-2026 promotes the harmonisation of national legislation with international human rights standards.

However, there is still work to be done, as reports of racist and xenophobic incidents persist. Bahrain's commitment to addressing these issues will be crucial in creating an inclusive and equitable society for all its residents.

Lack of legal protection

Migrants in Bahrain face a lack of legal protection, which exposes them to various forms of abuse and exploitation. This is largely due to the country's kafala ("sponsorship") system, which gives sponsors full legal responsibility and control over migrant workers. While Bahrain has implemented some reforms to address these issues, powerful interest groups and businesses that benefit from the current system have hindered their effectiveness. As a result, migrants continue to face legal and structural barriers that prevent them from accessing justice and exercising their rights.

The Kafala System

The kafala system is the primary mechanism for recruiting migrant workers in Bahrain. Under this system, migrants must have a "sponsor" to obtain a residence visa and work legally. Sponsors are typically employers or recruitment agencies, and they hold all the power in the employer-employee relationship. Sponsors can cancel a migrant's work visa at any time and have them expelled from the country. This creates a situation of legal dependence, making migrants vulnerable to abuse and exploitation.

Abuses and Exploitations

Migrant workers in Bahrain face a range of abuses and exploitations, including excessively long working hours without rest or days off, passport confiscation, delayed or withheld wages, arbitrary non-renewal of work permits, physical and sexual abuse, and forced confinement, particularly of domestic workers. The kafala system also allows for the trafficking of migrant workers, who are lured to the country with false promises of employment and then forced into labour or prostitution.

Limited Legal Protections

Bahrain has introduced some reforms to improve the legal situation of migrants, such as allowing unemployed migrants to access an unemployment fund. However, structural obstacles persist, and migrants still face significant barriers to accessing justice and exercising their legal rights. For example, full legal responsibility is given to the sponsor, who can cancel a migrant's visa at any time. Additionally, migrant workers often do not have access to their employment contracts and are unfamiliar with their terms, further limiting their ability to assert their rights.

Impact of COVID-19

The COVID-19 pandemic has further increased the vulnerability of migrants in Bahrain. The economic recession caused by the pandemic has led to job losses, salary reductions, and increased unemployment among migrants. In addition, migrants have been subjected to racist and xenophobic attitudes, with calls for their deportation, quarantine, and segregation. The pandemic has also impacted their access to healthcare and sanitary conditions, as they are often housed in cramped and unhygienic detention centres and prisons.

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