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The role of the judiciary in protecting migrant women workers in the context of the sponsorship system

24-12-2013

Al Akhbar newspaper published last Saturday a report on the role played by the judiciary in protecting migrant women workers (MWW) whilst the illegal sponsorship (kafala) system prevails.  The report was prompted by the holding of the Legal Agenda's second forum and which included a speech by legal researcher Sarah Wansa who shared a number of conclusions she reached within the framework of her documentation of court orders issued during the past year in preparation for the launching the monitor of migrant issues.
Wansa indicated that given the prevalence of the sponsorship system and the role played by the district attorney is shifting the responsibility and oversight regarding migrant workers to internal security, the judiciary is left with little role to play.  Wansa added that when a court order is issued, even if in favor the MMW, it will not be legally comprehensive since the migrant workers' narratives are not heard.  As such, data seems to indicate that the judiciary's role is marginalised largely for reasons internal to the judiciary system.
The Al Akhbar report refers to 389 court orders issued in absentia by the Criminal justice during 2013 (in 387 of these cases, the migrant worker is the defendant). It also points out that there are cases still pending since 2008 by workers claiming their unpaid salaries from their employers although such cases should be heard quickly in less than six months.
The report concludes by reiterating the importance of protecting migrant women workers whilst highlighting the important role of physicians who should assess whether or not their is physical abuse or exploitation and use this evidence in court especially when ruling over cases of suicide attempts and which are often described by physicians as "mental symptoms suffered by African women when they leave their countries".
Source: Al-Akhbar 23 December 2013

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