FactSheet: What’s in The Gambia-Saudi Agreement for Domestic Workers

Tourism Minister Hon. Hamat Bah and His Royal Highness Prince Sultan Bin Salaman Bin AbdulAziz Al-Saud of Saudi © GRTS

By Mariama Faal

The Gambia’s National Assembly ratified an agreement with the Kingdom of Saudi Arabia on 24th September 2024 on Domestic Workers Recruitment signed by the Minister of Trade, Industry, Regional Integration and Employment (MoTIE), Hon Baboucarr Ousmaila Joof.

On the part of Saudi Arabia, the agreement was signed by the Vice Minister of Human Resources and Social Development for Labor of the Kingdom of Saudi Arabia, Dr Abdullah Bin Nasser Abuthnain, on 9th November in Riyadh during the Economic Forum prior to the Saudi-African Summit on 10th November 2023.

According to the document, the purpose of the Domestic Workers Recruitment Agreement “is to recruit domestic workers from the Republic of The Gambia to legally work in Saudi Arabia and to protect the rights of both employers and domestic workers and regulate the contractual relation between them”.

Speaking on the tabling of the Agreement, Trade Minister, Baboucarr Joof, explained that Gambia, like many other low and middle-income countries, faces developmental challenges including a high unemployment rate, especially among young people and women of working age.

The Gambia plans to create 150,000 jobs from 2023 to 2027 to alleviate the high unemployment rate in the country which currently stands at 41.5% with youth unemployment worse off at 48.6 percent according to the Gambia Labor Force Survey 2022-2023.

This means that 4 out of every 10 persons of working age, and nearly half of the young people of the working age, are not in any gainful employment.

Going back to the agreement which aims to reduce the unemployment rate in the country highlights that the workers will be domestic workers. Our research highlights that “a domestic worker is someone who performs a variety of household services for a private household, such as cleaning, cooking, laundry, and caring for children or the elderly. They can work full-time or part-time, and may live in or out of the home of their employer”.

Askanwi has seen a copy of the agreement [and made it available to the public] which details the area of cooperation under Article Three. This section of the agreement highlights that both signatories to the agreement, The Gambia and Saudi Arabia shall;

1. “Work towards a mutually acceptable recruitment deployment and repatriation system for Gambian domestic workers for employment in the Kingdom of Saudi Arabia, pursuant to the applicable laws, rules and regulations,

2. Adopt a standard employment contract for domestic workers, the text of which shall have been accepted by the competent authorities of the two countries, which shall be binding among the contracting parties (Employer, Domestic Worker, Saudi Recruitment Officer and Gambian Recruitment Agency);

3. Ensure that recruitment bodies of both countries and the employer shall not charge or deduct from the salary of the domestic worker any cost attendant to his or her recruitment and deployment or impose any kind of unauthorized salary deductions;

4. Additional requirements are included in this section aiming to protect migrant workers rights.

The Kafala System

One of the main concerns is the Kafala system which regulates the employment of Migrants in Saudi Arabia and the middle east. According to a publication by the Council of Foreign Relations, the Kafala system “regulates the lives of tens of millions of migrant laborers in the Middle East, but growing outrage over human rights abuses, racism, and gender discrimination has fueled calls for reform”.

Also referred to as “sponsorship, [this] system gives private citizens and companies in [the Middle East] almost total control over migrant workers’ employment and immigration status”.

“The system arose from growing demand in Gulf economies for cheap labor, and the desperation of many migrants in search of work and the opportunity to send money home to their families”.

“The sponsor covers travel expenses and provides housing, often in dorm-like accommodations or, in the case of domestic workers, the sponsor’s home”.

It’s not clear if The Gambia Saudi agreement will be subject to the Kafala system however, it’s widely accepted that “the system has become increasingly controversial, and there is growing recognition that it is rife with exploitation. The lack of regulations and protections for migrant workers’ rights often results in low wages, poor working conditions, and employee abuse. Racial discrimination and gender-based violence are endemic”.

To address some of these concerns the agreement details in Article 4 some of the responsibilities of Saudi Arabia which includes;

1. Ensuring the recruitment, hiring, and placement of domestic workers in accordance with the relevant laws, rules and regulations;

2. Ensuring that the welfare and rights of domestic workers employed in the Kingdom of Saudi Arabia are promoted and protected in accordance with applicable law, rules and regulations.

3. Endeavour to establish a mechanism which will provide 24hrs assistance to the domestic workers.

4. Additional requirements are included in this section aiming to protect migrant workers rights.

On the other hand, Article 5 highlights the responsibilities of The Gambia which includes providing;

1. Qualified and medically fit domestic workers without derogatory records needed by Saudi Arabia according to job specification requirement;

2. Prospective domestic workers who are trained on housework in specialized institutes and have received orientations on Saudi Customs and traditions and terms and conditions of the employment contract;

3. Transportation of prospective workers to the Kingdom of Saudi Arabia one month from the date of receipt of Visa; and to

4. Additional requirements are included in this section aiming to protect migrant workers rights.

Additional clauses such as Article 6 places a responsibility on both countries to form a Joint technical committee to conduct regular periodic reviews, assessment and monitoring of the agreement and make necessary recommendations to resolve disputes amongst others. More importantly, Article 7 highlights that any disputes arising from the agreement shall be settled amicably by consultation between both parties through diplomatic channels.

Finally, article 10 highlights that the agreement is valid for five years and automatically renewed for a similar period automatically. However, the agreement may be terminated two months prior to the termination of the contract.

For more information download the full agreement from this link on Askanwi.

This article was first published by FactCheckGambia.org in the link. https://factcheckgambia.org/factsheet-whats-in-the-gambia-saudi-agreement-for-domestic-workers/