El Patrimonio Narrado
LA SEMIOSIS PATRIMONIAL Y LAS GRAMÁTICAS DE LA CREACIÓN
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There is no doubt that those domestic workers are in need of special laws and the intention to implement that law to avoid the situation described by the UN Special Rapporteur on Violence against Women in which domestic workers, once inside the home of their new employer, are often engaged ‘in poorly remunerated labour that isolates them and places them in a subordinate position in a private realm’.188 He added that, issues such as sickness, injury and pregnancy are common occurrences, giving rise to an urgent need to look at the domestic workers’ situation and give a voice to these vulnerable people.189
3.2.5 The Vulnerability of Domestic Workers in KSA
An argument emerged concerning migrant workers, in particular the domestic workers in Saudi Arabia, that they are in fact facing unfamiliar, unjustified and biased laws and policies. Vlieger asserts that ‘[t]he sponsorship system provides substantial financial means to both governments and several other parties. Moreover, it is perceived by Saudi and the Emirates as providing safeguards against the dangers of large migration flows.’190
The argument made by Vlieger on the current statutes of the legal laws in Saudi Arabia and the United Arab Emirates regarding the situation of domestic workers were made to criticise the legal laws rather than to provide the analytical argument about the causes and reasons for domestic worker trafficking in both countries. It is understandable, to some extent, that the
188 Global Commission on International Migration, ‘Migration in an Interconnected World: New Directions for Action’ (see text to n 73) 71
189 Global Commission on International Migration, ‘Migration in an Interconnected World: New Directions for Action’ (see text to n 73) 71
190 Antoinette Vlieger, Domestic Workers in Saudi Arabia and the Emirates: A Socio-Legal Study on Conflict (see text to n 25) 271-277
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laws in Saudi Arabia do not prevent or combat such violation at the moment.191
Yet, this argument could be contradicted by the implementation of the law in Saudi Arabia. Therefore, concentrating on the law is the wrong element in this argument. It has been shown that the laws have already been made in Saudi Arabia, and are available to the judges.
That being said, the situation that this research is investigating is when domestic workers are trafficked, through escape from their residence and falling into the hands of traffickers. The response from the KSA government to this particular situation and their methods of meeting their Palermo Protocol obligations to prevent such incidents is the core element of this thesis.
This is not to disregard other types of trafficking of domestic workers in KSA such as trafficking from destination countries or trafficking by recruitment agencies, as it sheds light on particular types of trafficking that have not been discussed in previous research and the KSA government attention to this type.192
The situation after that could be working illegally in different houses with higher salaries for the trafficker, or sexual exploitation and forced prostitution. The implications of leaving the house where the domestic workers has been employed in a country such as Saudi Arabia, with strict rules for freedom of movement of women, can make them subject to vulnerability. Although the KSA government ratified the Palermo Protocol in late 2007, it is useful to look at KSA obligations toward the PP.
191 Antoinette Vlieger, Domestic Workers in Saudi Arabia and the Emirates: A Socio-Legal Study on Conflict (see text to n 25) 184
192 Antoinette Vlieger, Domestic Workers in Saudi Arabia and the Emirates: A Socio-Legal Study on Conflict (see text to n 25) 184
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From the Palermo Protocol it is obvious that all states have obligations, including the KSA government, which can be divided into three main aspects, criminalization; protection of victims of trafficking in persons; and prevention, cooperation and other measures.193 In this case, it is a known fact from earlier arguments, that the KSA government lacks prevention measures when dealing with issue of human trafficking and especially in the matter of trafficking of domestic workers.
Another argument in the trafficking of domestic workers, that organized crime only traffics people for purposes other than domestic work, at a minimum could be described as a misleading argument. The KSA government has not linked human trafficking in general with organized crime.
On the contrary, they established their first anti-trafficking law specifically focusing on the concept of punishing the traffickers that have any kind of affiliation or even independent traffickers.194
It suggests that this country has played a role in creating a platform of trafficking through not protecting domestic workers. Eventually, trafficking of domestic workers could happen to anyone in any society where the government is not doing its duty to make people aware and advocating for the rights of domestic workers, or where the government is not doing what it should in terms of protecting domestic workers.
193 United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (supplementing the UN Convention against Transnational Organized Crime), adopted by resolution A/RES/55/25 of 15/11/2000 at the fifty-fifth session of the UN General Assembly
194 J Goodey, ‘Human Trafficking: Sketchy Data and Policy Responses’ (see text to n 40); the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (supplementing the UN Convention against Transnational Organized Crime), adopted by resolution A/RES/55/25 of 15/11/2000 at the fifty-fifth session of the UN General Assembly. See also Ministries Council, The Basic Law of the Kingdom of Saudi Arabia (Multimedia House Press 1992) 64; the Basic Law was issued on Royal Decree No. A/90: 27/8/1412 (1992) and contains 88 Articles; Saudi Arabian Anti-Trafficking Law, issued 2009; Saudi Arabian Labour Law (Royal Decree No. M/51, 27/9/2005)
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It is essential that the KSA government deal with the increase in the number of domestic workers in the country by implementing the concept of human rights being for everyone, as stated in the SABL.195 In addition, the increase in the number of the domestic workers in KSA means that this government must, at the same time, intensify their efforts in several related areas, such as public awareness, training of government officials and revising current laws and policies.