Death of Migrant Worker Vergie Tamfungan Raised UAE Labor Law Concerns

Recruitment agency adverts for Filipino migrant workers to go “cross-country” to gulf states. Photo: AP Photo/ Aaron Favila.

The United Arab Emirates government has launched an investigation in response to a report by the Guardian on the suspicious death of Filipina migrant worker Vergie Tamfungan’s death. The inquiry has “shone a spotlight on ‘cross-country’ employment practices” and has possible ramifications on labor laws within the UAE and Gulf Cooperation Council (GCC) countries. 

Vergie was an undocumented worker taking part in what is known as going “cross-country,” whereby an individual takes on an overseas job without registering their employment with the Filipino government. This is a common practice among migrant workers from south-Asian countries, including India, Pakistan, Nepal, and the Philippines.

Usually, individuals looking for work register with an agency in the host country, which will guarantee them travel, housing, and employment. However, many agencies operate without registration with the Philippine government, leaving potential migrant workers vulnerable to abuse. It is a legal requirement to obtain one; without one, an agency is essentially trafficking humans.

In Vergie’s case, she had been contacted on Facebook by a recruitment agent who promised her new employment in the UAE after her contract with her employer in Saudi Arabia expired. However, details of her employment were left obscured due to a lack of license. Her family claims that they had no knowledge of where she was working nor the name of the agency. They only knew that she was living in the recruiter’s boarding house before her death. 

The lure of working abroad is high, often enough for workers to risk entering what has been dubbed as ‘modern slavery’. With promises of income, signing bonuses that are never fulfilled, and a chance to rise from poverty, becoming an illegal worker is difficult to resist. 

An estimated 10 million Filipinos work overseas to provide for their families, an act promoted by the Philippine government through the Philippine Overseas Employment Administration (POEA) partly because of economic incentives. Migrant workers have been hailed “heroes” for their contribution to the economy. In 2022, remittances sent home from overseas Filipino workers made up 9% of the country’s GDP. 

Born in Lake Sebu, Philippines, Vergie had a great economic incentive to go cross-country. As one of the poorest municipalities in the country, the prospect of earning money to send her four children to school was enticing. 

However, the strong economic gains come at the expense of worker safety. About 10,000 non-national workers from Asian countries die every year in GCC countries. Moreover, these deaths are often not investigated by officials and are dismissed as cardiac arrest or natural causes.

Vergie’s family was informed of her death two days after hearing from her that she was happy and healthy. Her death certificate indicated she died of “cardiac arrest”; however, at 39 years old, she had no history of medical complications. Moreover, bureaucratic limitations stopped her family from being able to repatriate her body immediately; however, as of Monday, it has been returned.

Amnesty International leads protest denouncing inhuman conditions of migrants building FIFA World Cup Venues in Qatar. Photo: AP Photo/ Mylene Deroche.

The Guardian’s coverage of this case has forced the UAE government to respond to the findings of their report. In a statement by the Ministry of Human Resources, the government reinforced the value it places on the overseas workforce and is “committed to protecting and enhancing workers rights”. 

There is hope for reform of labor laws after this widely circulated incident, particularly after so much international attention focused on migrant rights in the region. Qatar’s hosting of the World Cup was largely critiqued for the inhumane conditions of the migrant workers employed. However, the widespread attention led to reforms such as heat protection and mandatory water breaks. With the eyes of human rights groups and organizations like the UN and the CFR, the UAE could establish similar reforms.  

Gulf countries have a long history of allowing migrant workers to satisfy the demand for cheap labor; workers are often paid under the minimum wage. Under the Kafala System – a sponsorship system that allows local sponsors to employ and control migrant workers’ employment, immigration status, and, at times, housing. Innately, the Kafala System allows for a plethora of human rights abuses. Individuals may be prosecuted for trying to escape the country while employed, along with having their visa held hostage should they terminate employment. 

International responses have not just come from uninvolved countries. Origin countries of many migrant workers, such as Kenya and Nepal, have previously banned workers from Gulf countries due to abuses. Continued pressures from all parties may force the UAE to tighten its lax prosecution of Kafala System abuses, and either follow Bahrain and Qatar’s eradication of the model, or reform it.