Kafala in Costa Rica: investigation of the parallels between Qatar’s Kafala system and migrant labour in the agricultural sector in Costa Rica.

Abstract

Qatar’s kafala system is predicated on the absolute dependence of migrant workers on their
employers, who control aspects such as wages, mobility, and continued residency. This has
engendered situations of exploitation and abuse of human and labor rights. Similarly, cases
of rights violations against migrant workers have been documented in Costa Rica, especially
in agriculture, construction, and domestic service. This essay conducts a comparative analysis
of both systems, examining similarities, differences, causes and consequences. It focuses
on the working conditions of migrants in Costa Rican agricultural companies. To do so, it
employs a qualitative methodology based on a literature review, document analysis, and systematization
of secondary sources containing interviews with experts and migrant workers.
Two conclusions emerge. First, labour abuse within a democratic context confronts the democratic
ideal and the premise of social safeguards. Although the evidence is mostly anecdotal,
indications support the statement of these practices. Second, Costa Rica lacks the moral
authority to pass judgment on Qatar, since it also presents similar issues. The Costa Rican
situation would have extenuating factors due to the existence of legal resources, although
migrants in irregular situations may find it difficult to access them.