Advanced International Journal for Research

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Volume 7 Issue 4
July-August 2026

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When The Algorithm Does Not Know Kafala: Why Western Ai Fairness Frameworks Fail In Gcc Dual-Market Talent Decisions

Author(s) Ms. KRITI SARNA
Country India
Abstract Western algorithmic fairness frameworks, including the EU AI Act, NIST AI Risk Management Framework, and the academic fairness literature grounded in disparate impact and demographic parity, were designed for single-segment labor markets with anti-discrimination legislation, active regulatory enforcement, and majority-citizen workforces. The Gulf Cooperation Council (GCC) is none of these things. GCC labor markets are structurally bifurcated between state-mandated national citizen segments, governed by Saudization and Emiratization quota regimes, and a numerically dominant expatriate workforce bound by the kafala sponsorship system with limited legal mobility and differentiated institutional protection. This article argues that Western AI fairness frameworks fail in GCC talent decision contexts not merely in degree but in kind: they misidentify the relevant protected dimensions, cannot resolve the normative paradox created by legally mandated preferential hiring, and rest on regulatory enforcement assumptions with no equivalent in GCC data governance architecture. Drawing on institutional theory, Segmented Labour Market theory, and emerging GCC-specific empirical evidence, the article develops a three-dimensional critique of Western framework transfer, identifies five structural failure points, and proposes a GCC-contextualised fairness governance model organized around nationality-aware bias auditing, dual-segment impact assessment, and normative spillover management. The article contributes to the growing non-Western turn in organizational AI ethics and offers actionable guidance for HR practitioners, policymakers, and researchers operating at the intersection of AI transformation and workforce nationalization mandates.
Keywords algorithmic fairness; GCC labor markets; dual-market economies; Saudization; Emiratization; kafala; institutional theory; Segmented Labour Market theory; AI governance; human resource management
Field Business Administration
Published In Volume 7, Issue 4, July-August 2026
Published On 2026-07-19
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E-ISSN 3048-7641
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