Bahrain's Immigration: Exploring The Push Factors And Destinations

Bahrain has a complex history of migration, with a large proportion of its population being immigrants. In 2020, immigrants outnumbered citizens, accounting for more than 51% of the country's population and nearly 80% of its workforce. The majority of these immigrants come from South and Southeast Asia, with India, Pakistan, Bangladesh, Indonesia, and the Philippines being the top countries of origin.

The influx of foreign workers to Bahrain is driven by the country's reliance on a foreign workforce to support its economy, particularly in the construction and service sectors. Bahrain has signed agreements with several countries to facilitate the recruitment of migrants, especially unskilled construction workers and domestic workers. This has led to a significant dependence on foreign labor, with foreigners dominating the economy at all levels and in most sectors.

However, the presence of a large foreign worker population in Bahrain has also led to social and political tensions. There have been reports of xenophobic attitudes towards migrants, and recurring tensions between locals and expats have sparked heated public debates. Sectarian conflict and the perception of preferential treatment for foreigners over locals have further contributed to these tensions.

Despite the implementation of labor reforms and the establishment of new rights-related institutions, observers note a gap between stated intentions and the reality on the ground. Human rights organizations have raised concerns about the treatment of migrant workers, including cases of abuse, unpaid wages, and poor working and living conditions. The sponsorship system, where migrant workers are tied to a specific employer, has been criticized for contributing to human trafficking, forced labor, and various forms of abuse.

Overall, the topic of immigration in Bahrain is multifaceted and complex, involving economic, social, and political dimensions. The country's reliance on foreign labor has led to a significant immigrant population, which has had both positive and negative impacts on Bahraini society.

The lure of economic and social prosperity

Bahrain has a long history of intra-regional overseas contract workers, with foreign workers comprising 63% of the country's workforce. The country's economy is heavily reliant on foreign workers, with nearly 80% of its workforce being foreigners. The promise of economic and social prosperity and employment in Bahrain is often used as a lure by traffickers to bring in workers from India, the Philippines, Bangladesh, Pakistan, and Sri Lanka.

Bahrain has made significant strides in protecting the rights of expatriate workers. The government has implemented various laws and regulations to ensure that expatriates are treated fairly and respectfully. Expatriates in Bahrain enjoy safe working conditions, freedom from discrimination, and access to medical care. They are also guaranteed vacation policies, including paid leave for holidays and parental leave.

The Bahrain Labour Law sets guidelines and regulations for the Kingdom's workforce, ensuring that employers prioritize the well-being of their employees. These regulations help prevent the exploitation and mistreatment of expatriate workers, ensuring that they can enjoy their time in Bahrain without fear of mistreatment.

In addition to legal protections, Bahrain has also implemented practical measures to support expatriates. The country has launched a National Plan of Action since 2002 to counter trafficking and prevent the abuse of overseas workers. Bahrain has also opened a "Safe House" or shelter for abused overseas workers and victims of trafficking.

The Labour Market Regulatory Authority (LMRA) in Bahrain plays a crucial role in protecting the rights of expatriate workers. The LMRA works closely with embassies and civil society institutions to ensure the protection of workers and provides a range of pre-employment medical examination services to ensure their health and fitness to work.

Bahrain has also made efforts to enhance its migration governance and further develop instruments to support the protection of overseas contract workers. The country has actively engaged with the International Organization for Migration (IOM) for 15 years and established the IOM Bahrain Country Office in March 2018.

Overall, Bahrain offers economic and social prosperity for expatriates, with a high level of legal protections and practical measures to ensure their well-being.

The Kafala sponsorship system

Under this system, migrant workers are bound to a specific employer throughout their period of residence in the host country. The employer acts as the worker's sponsor and is responsible for their visa and legal status. This gives the employer immense control over the worker, including the ability to block them from changing jobs, leaving the country, or accessing certain services.

The kafala system has been widely criticised by human rights organisations for creating an environment conducive to the exploitation of workers. Employers often confiscate passports, withhold wages, and subject workers to abuse, with little fear of legal repercussions.

In 2009, Bahrain claimed to have repealed the kafala system, with the Labour Minister comparing it to slavery. However, critics argue that reforms have been poorly enforced and have not amounted to a true abolition of the system.

The system usually falls under the jurisdiction of interior ministries, rather than labour ministries, which leaves workers vulnerable to exploitation and denies them protection under the host country's labour laws. Workers often have no recourse in the face of exploitation and are powerless to escape abusive situations.

Despite international scrutiny and calls for reform, the kafala system persists in Bahrain and other countries, perpetuating human rights abuses, racism, and gender discrimination.

Poor working conditions

Bahrain has a long history of intra-regional overseas contract workers. The country's economy relies heavily on foreign workers, who make up around 63% of the workforce, with international migrants outnumbering citizens. The country has a complex relationship with labour-sending countries, and the promise of economic and social prosperity is often used to lure workers from India, the Philippines, Bangladesh, Pakistan and Sri Lanka.

The working conditions for migrant workers in Bahrain are often poor, with exploitation and abuse being common. Human trafficking, forced labour and various forms of abuse are prevalent, including excessively long working hours without rest or days off, confiscated passports, delayed or withheld wages, arbitrary non-renewal of work permits, physical and sexual abuse, and forced confinement of domestic workers.

The Kafala ("sponsorship") system is often reported to be the cause of human trafficking, forced labour and abuse. This system gives full legal responsibility, powers and rights to the sponsor, who can cancel the migrant's work visa at any time.

Access to justice for migrant workers is extremely difficult, and structural obstacles prevent them from accessing the unemployment fund. Legal protection is challenging as migrant workers are not citizens and are in a situation of legal dependence on their sponsor.

The Bahraini government has implemented various laws and regulations to ensure that expatriates are treated fairly and respectfully. The Bahrain Labour Law sets guidelines and regulations for the Kingdom's workforce, ensuring that employers prioritise the well-being of their employees. These regulations help prevent the exploitation and mistreatment of expatriate workers.

The Labour Market Regulatory Authority (LMRA) in Bahrain is a legal entity that falls under the supervision of the Minister of Labour. The LMRA is dedicated to educating expatriate employees and their families about their rights and has developed a Service Agreements Portal, available in multiple languages, which documents contracts between registered workers and service receivers.

Despite these efforts, poor working conditions persist, and observers note a significant gap between the stated intentions and the reality on the ground. Detention and deportation operations have been on the rise, and hundreds of migrant workers are detained in searches and raids each week.

Impact of COVID-19

The COVID-19 pandemic has further increased the vulnerability of migrant workers to abuses, expulsions and sanitary issues. The Bahraini economy entered a recession due to the drop in oil prices and the lockdown, and migrant workers have been particularly affected. Detention centres and prisons have been reported to hold detainees in cramped, dismal and unhygienic conditions.

Way Forward

Bahrain has taken some steps to address the issue of poor working conditions, such as the launch of a National Plan of Action in 2002 to counter trafficking and prevent the abuse of overseas workers, and the recent opening of a "Safe House" or shelter for abused overseas workers and victims of trafficking.

However, more needs to be done to develop humane policies for foreign workers and address the gap between stated intentions and reality. Cooperation and capacity-building with international organisations can help Bahrain tackle this complex issue and improve working conditions for migrant workers.

Poor living conditions

One of the primary issues facing migrant workers in Bahrain is the kafala ("sponsorship") system, which is often reported to be the cause of human trafficking, forced labour, and various forms of abuse. This includes excessively long working hours without rest or days off, passport confiscation, delayed or withheld wages, physical and sexual abuse, and forced confinement. The COVID-19 pandemic has further exacerbated the vulnerability of migrants to these abuses, as well as to expulsions and sanitary issues, due to the country's economic recession.

In addition to the kafala system, other factors contributing to poor living conditions for migrants in Bahrain include:

• A lack of access to justice: Migrants face significant challenges in accessing justice due to the kafala system, which gives full legal responsibility to the sponsor. The sponsor has the power to cancel the migrant's work visa at any time, leaving them vulnerable to exploitation and abuse.
• Inadequate housing and sanitation: Migrant workers often live in overcrowded apartments or makeshift housing with poor safety standards. This has been further exacerbated by the COVID-19 pandemic, with reports of migrant workers living in cramped, dismal, and unhygienic conditions in immigration detention centres and prisons.
• Limited access to healthcare: Migrant workers, particularly those in detention or prison, have reported difficulties in accessing timely and adequate medical treatment. This has been a particular concern during the COVID-19 pandemic, with reports of migrant workers making up a significant proportion of active cases in the country.
• Discrimination and xenophobia: There have been increasing reports of racism and xenophobia towards migrant workers, with calls for their deportation, quarantine, and segregation. Additionally, migrant workers face an eviction crisis, with courts upholding evictions against workers who have struggled to pay rent due to job and income loss.
• Lack of legal protection: Migrant workers often face legal and procedural barriers when attempting to assert their rights or seek redress for abuses. The kafala system further complicates their access to justice, as it places them in a situation of legal dependence on their sponsors.

Lack of legal protection

Migrants in Bahrain face a lack of legal protection, which exposes them to various forms of abuse, including human trafficking, forced labour, and exploitative working conditions. This is due in part to the country's kafala ("sponsorship") system, which gives sponsors full legal responsibility and the power to cancel a migrant's work visa at any time. This system creates a situation of legal dependence for migrants, making them vulnerable to abuse and exploitation.

The Kafala System and its Impact on Migrants' Legal Status:

The kafala system is the primary method 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 immense power over the migrants they sponsor. Sponsors can cancel visas, report migrants as "runaways," and subject them to various forms of abuse without fear of consequences.

The kafala system effectively strips migrants of their legal rights and protections, making them vulnerable to a range of exploitative practices. This includes excessively long working hours without rest, withheld or delayed wages, passport confiscation, physical and sexual abuse, and forced confinement, particularly for domestic workers.

Barriers to Justice and Lack of Legal Recourse:

Migrants in Bahrain face significant barriers to accessing justice and exercising their legal rights. The kafala system gives sponsors full legal responsibility, making it extremely difficult for migrants to hold them accountable for abuses or violations. The power dynamic heavily favours sponsors, who can exploit legal loopholes and evade consequences for their actions.

Additionally, the Bahraini legal system itself presents challenges for migrants seeking justice. The process of filing complaints and navigating the legal system can be complex and intimidating, especially for those who are unfamiliar with the language or legal procedures. Language barriers, lack of legal representation, and fear of retaliation further discourage migrants from pursuing legal action.

Efforts to Address Legal Protection Deficits:

Bahrain has made some efforts to enhance legal protections for migrants. The country has implemented various laws and regulations to ensure expatriates are treated fairly and respectfully. These include the right to safe working conditions, freedom from discrimination, and access to medical care and vacation leave.

Additionally, Bahrain has established institutions such as the Labour Market Regulatory Authority (LMRA) to regulate work permits, visas, and employment agencies. The LMRA also provides education and resources to expatriates and their families about their rights and obligations.

However, despite these efforts, structural obstacles and powerful interest groups continue to hinder progress. Migrants still face challenges in accessing justice and exercising their legal rights, and the kafala system remains a significant source of exploitation and abuse.

Impact on Migrant Workers and the Economy:

The lack of legal protection for migrants in Bahrain has far-reaching consequences. It contributes to a cycle of abuse, exploitation, and vulnerability, trapping many migrants in difficult situations. This affects not only the individuals but also their families, as they may be separated for extended periods, and their home countries, which lose out on their skills and contributions.

Additionally, the economy of Bahrain relies heavily on foreign workers, particularly in sectors such as construction and domestic service. By failing to provide adequate legal protections, Bahrain risks not only violating human rights but also undermining the very economic contributions that these migrants provide.

In conclusion, the lack of legal protection for migrants in Bahrain is a complex and pressing issue. While some efforts have been made to address it, much more needs to be done to ensure the fair and just treatment of migrant workers, who form a significant portion of the country's population and labour force.

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