CAGAYAN DE ORO, Philippines – The death of Kagay-anon Dafnie Nacalaban, whose decomposing body was found buried in her employer’s yard in Kuwait, has reignited calls to abolish the controversial kafala system, a labor framework that critics say perpetuates abuse of migrant workers in the Middle East.
The kafala system, used in Gulf Cooperation Council (GCC) countries, ties migrant workers’ legal status to their employers, typically in low-wage sectors.
Under this system, employers control workers’ visas, often limiting their ability to change jobs or leave the country without approval.
The system has faced criticism for fostering exploitation, abuse, and trafficking, with workers facing restricted mobility and limited legal protections.
For the Samahan ng mga Domestic Helpers sa Gitnang Silangan (Sandigan), Nacalaban’s death was more than another grim statistic; it was an indictment of a system that grants employers near-total control over the lives of their workers.
The group asserted that as long as kafala remains the prevailing employment practice in Gulf states, Filipino workers will remain vulnerable to exploitation and violence.
“[The contract] is just a piece of paper. They don’t care about the contract because, for them, you are already paid. That’s why whatever they do to you, you don’t have the right to complain,” said Rechilda Desunia, Sandigan vice chairperson, citing her experience when she worked abroad.
An analysis by the Migrant Forum in Asia showed that the kafala system favors employers even at the expense of the rights and welfare of migrant workers.
Not an isolated case
The decomposing remains of Nacalaban were found buried at her employer’s garden in Saad Al-Abdullah, Jahra, Kuwait, two months after she went missing.
Members of her family in Barangay Dansolihon, Cagayan de Oro, were shocked after they were informed about the incident, as Nacalaban was supposed to go home last December to celebrate Christmas.
“She never shared anything bad about her boss,” Roxanne Nacalaban-Enloran, sister of Dafnie, told iFM Cagayan de Oro.
The primary suspect is now in the custody of Kuwaiti authorities, and a thorough investigation is underway, according to the Department of Migrant Workers.
The death of Nacalaban has been added to the list of Filipino household service workers killed in Kuwait throughout the years. The case has also resulted in calls for a congressional investigation.
The cases include the death of 29-year-old Joanna Daniela Demafelis in 2018, whose body was found in a freezer in an abandoned apartment belonging to a couple who hired her. The body of Demafelis showed evidence of torture and strangulation.
The suspects were found guilty and sentenced to death in Kuwait in the same year.
In 2019, Constancia Lago Dayag, 47, also met a brutal death at the hands of her employer, with alleged signs of sexual abuse. Almost the same fate was suffered by OFW Jeanelyn Villavende, who was sexually abused and physically battered before her death in December of the same year.
Following Villavende’s death, the Philippine government imposed a total deployment ban to Kuwait in January 2020. However, it was lifted the following month after murder charges were filed against her employers.
In January 2023, Jullebee Ranara’s burned remains were found in a Kuwaiti desert. She was pregnant at the time, based on the autopsy report. The primary suspect was the 17-year-old son of Ranara’s employer, who received lesser penalties because he was a minor at the time.
According to DMW’s 2023 annual report, a total of 1,100,088 OFWs were reported by their recruitment and manning agencies through the OFW Welfare Monitoring System, which tracks the status and conditions of deployed workers. This is a 27% increase over the reported number in 2022.
However, Sandigan noted that several recruitment agencies don’t monitor current Filipino migrant workers, and claimed that the Philippine government only takes action when there is a death, especially if it catches the people’s attention.
“In my almost five years of working abroad, my recruitment agency had never contacted me to check if I’m still alive,” Desunia recalled. “When I was physically abused and almost died abroad, I asked for rescue. Instead of rescuing me, they (her recruitment agency) blocked me on all messaging platforms.”
Desunia’s group emphasized the need to strengthen the monitoring of recruitment agencies. They said the government should not renew the licenses of those with poor records.
In the same DMW report, a total of 972,180 land-based OFWs were deployed in the Middle East in 2023, up from 531,699 in 2022.
Sandigan said OFWs in the Middle East will be protected only when the kafala system is completely eliminated. It also urged the national government to stand firm in enforcing laws that protect migrant Filipinos working abroad. – Rappler.com