Group fumes at latest OFW death in Kuwait: ‘Abolish Kafala system’

By FRANCK DICK ROSETE
Bulatlat.com

CAGAYAN DE ORO — A group advocating for the rights and welfare of Filipino migrant domestic workers are indignant over the death of Dafnie Nacalaban, the latest overseas Filipino worker (OFW) in Kuwait who was allegedly murdered by her employer in the last quarter of 2024.

Samahan ng mga Domestic Helpers sa Gitnang Silangan (Sandigan) believed that the case of Nacalaban and other OFWs who have been killed in Kuwait in the past years will continue as long as the “Kafala” (sponsorship) system remains as the employment practice in most Middle East countries.

Nothing will change even if the Philippine government bans Kuwait, Sandigan Vice Chairperson Rechilda Desunia told Bulatlat in Filipino.

“As they said, it is just a piece of paper, which means 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,” she added, citing her personal experiences when she worked abroad.

Kafala is an employment framework practiced by most countries under the Gulf Cooperation Council that requires sponsorships for migrant workers for them to be employed in these countries. This also means that the sponsors or employers have substantial control over the workers’ employment and immigration status.

An analysis made by the Migrant Forum in Asia showed that the Kafala system only favors the rights of the employers, highlighting the system’s failure to protect the rights and welfare of the migrant workers.

The decomposing remains of Nacalaban were found buried in her employer’s yard in Saad Al-Abdullah, Jahra, Kuwait, after two months of being 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 about something bad with her boss,” Roxanne Nacalaban-Enloran, sister of Dafnie, told iFM Cagayan de Oro in an interview.

The primary suspect is now in the custody of the Kuwaiti authorities, and a thorough investigation is underway, according to the Department of Migrant Workers (DMW).

Deaths of Filipina OFWs in Kuwait

The death of Nacalaban was added to the number of Filipino household service workers who have been killed in Kuwait since 2018 that garnered national attention.

The cases include the death of the 29-year-old Joanna Daniela Demafelis in 2018, where her body was found in a freezer in an abandoned apartment belonging to a couple who hired her. The body of Demafelis showed evidence that she was tortured and strangled.

The suspects were found guilty and sentenced to death in Kuwait in the same year.

In 2019, Constancia Lago Dayag, 47, also landed in a brutal death at the hands of her employer, with alleged signs of being sexually abused. Almost the same fate, on the other hand, 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 in the following month after murder charges were filed against her employers.

In January 2023, Jullebee Ranara’s burnt remains were found in a Kuwaiti desert. She was also pregnant at the time based on the autopsy report. The primary suspect was the 17-year-old son of Ranara’s employer, who was given lesser penalties because he was a minor at that time.

Government lapses

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 monitors the status and conditions of the deployed workers. This is 27 percent higher than 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 death, especially if it catches the people’s consciousness.

“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 a rescue. Instead of rescuing me, they (her recruitment agency) blocked me on any messaging platforms.”

The group also emphasized the need to strengthen the monitoring of recruitment agencies. They said the government should not renew the licenses of those with terrible records.

In the same DMW report, a total of 972,180 land-based OFWs were deployed in the Middle East in 2023, which is higher than the 531,699 in 2022.

Sandigan believed that the OFWs in the Middle East will be protected once the Kafala system is completely eliminated, urging the national government to stand firm in enforcing the laws that protect migrant Filipinos working abroad.

According to Sandigan, Foreign Affairs Undersecretary Eduardo de Vega has promised that the Philippine government will take steps to achieve justice for Nacalaban. However, they also emphasized that it is the responsibility of the DMW and the Migrant Workers Office to “ensure that OFWs, especially domestic workers who are constantly abused under the kafala system in the Middle East, are provided with adequate protection.”

Meanwhile, Sandigan said that the Philippine Embassy in Kuwait must investigate and hold Nacalaban’s employer accountable.

In another statement, Migrante Middle East also called for a full and impartial investigation into Nacalaban’s death.

“This loss is deeply saddening, and it is imperative that the circumstances surrounding this incident be thoroughly examined to ensure justice is served. The welfare and safety of Filipino workers abroad must be a top priority, and we demand accountability from those responsible,” the group said in a statement.

They added, “We stand with the victim’s family in their quest for truth and justice and urge both the Philippine and Kuwaiti authorities to take swift and decisive action to prevent such incidents from occurring in the future.”
Both Sandigan and Migrante Middle East stressed that the government must create decent jobs within the country so that Filipinos do not have to leave the country to work abroad.

“The Philippine government must address the root cause of forced migration. Instead of continuously exporting the cheap labor of OFWs, the government should focus on creating national industries. When there are decent jobs and livable wages in the country, Filipino migrants will no longer be forced to leave and endure abuse abroad,” Sandigan said in a statement. (AMU, RVO)