A/HRC/26/35/Add.1
the work, including the contract period, travel expenses, wages, accommodation, medical
care and annual leave, but it does not provide any details concerning a description of the
work to be performed or the working conditions. The model contract provides that the
contract may not be terminated before the expiry of its duration (one or two years) except
upon mutual agreement by the employer and the employee. It also provides that the
employer shall give the employee a personal loan if requested. These loans are often used
as a reason not to let the employee change sponsor or leave the country.
40.
The bilateral agreements state that a joint committee, comprised of representatives
of Qatar and the sending State, shall meet every year to coordinate implementation of the
agreement, interpret its provisions in case of disputes, review job opportunities in Qatar and
propose review or modification of the provisions of the agreement. However, the Special
Rapporteur was informed that such meetings do not take place regularly with all sending
States.
41.
The Special Rapporteur believes that it will be important for Qatar to include in all
bilateral agreements with migrant-sending countries a revised uniform model contract for
all workers, including domestic workers, which should ensure respect for and protection of
the human rights of migrants, including labour rights and a minimum wage. Labour
contracts based on such a model should specify the job description, wages and labour
conditions. In this respect, the mandatory standards of migrant workers’ welfare of the
Qatar Foundation could be used as an inspiring model. E-government solutions could be
developed to protect contracts against change upon arrival in Qatar.
D.
The role of migrant-sending countries
42.
While the Government is responsible for human rights violations committed against
migrants in Qatar, the sending countries also have a role in preventing abuse of their own
nationals who migrate for work. Many of the problems migrants in Qatar face relate to the
recruitment process in their home country. Prospective migrants routinely pay high
recruitment fees and sign contracts which are not respected once they arrive in Qatar and
some are given a business or tourist visa rather than a work visa. As some of these
recruitment agencies seem mostly concerned with making a profit, they simply promise
contracts to whoever can pay the fee. This often results in persons getting a contract for a
job for which they are not qualified; thus when they arrive in Qatar, without the required
qualifications, they are given a different job with lower pay. Better regulation of
recruitment agencies in sending countries would be an important tool in combating the
exploitation of migrants in Qatar. Many migrants receive false promises from the
recruitment agency in their country, but so do the employers – who often do not get
workers with the qualifications required. Better regulation of recruitment agencies in
sending countries would thus also be in the interest of employers in Qatar, who would then
get better qualified employees.
43.
Providing information sessions and pre-departure training for potential migrants
could help ensure that they have the necessary training and skills, as well as information on
working conditions in Qatar, their rights and how to access those rights.
V. Human rights violations in the workplace
44.
While it provides some rights and safeguards for workers, the Labour Law of 2004
has important limitations. It does not provide for a minimum wage, it bans migrants from
forming organizations and from collective bargaining and it excludes domestic workers
from its application. Implementation of the law is also a problem. Many migrants in Qatar
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