A/HRC/26/35/Add.1
49.
The National Development Strategy aims to reduce the heavy dependence on
domestic workers in Qatar. The target is to reduce by half the average number of domestic
helpers per household. The Strategy states that “The Government will devise a set of
regulations, including standards and conditions, to better manage the recruitment and
employment of domestic helpers. This way forward will be supported by new legislation
covering the legal rights of domestic workers.” The Special Rapporteur was pleased to hear
that the Government has worked on a draft law for domestic workers and hopes for the
speedy finalization and adoption of this law, in order to better safeguard the rights of
domestic workers, whose abuse is rarely visible. This law should include provisions on,
inter alia, wages, working hours, working conditions, payment for overtime, annual leave
and effective remedies, as set out in ILO Convention No. 189 concerning Decent Work for
Domestic Workers.
50.
While welcoming the blacklisting by the Government of companies that abuse
migrant workers, the Special Rapporteur insists that this should also apply to domestic
workers. Persons who abuse domestic workers should not be able to hire more domestic
workers in the future. Similarly, labour inspections should be undertaken also in private
homes, in order to inspect working conditions and combat the too-frequent abuse of
domestic workers.
VII. Access to remedy for human rights violations
51.
There are different complaint mechanisms available for migrants, which can be
accessed through the Ministry of Labour, the Ministry of Interior, the National Human
Rights Committee, or directly at the labour court. However, migrants have difficulty
accessing these mechanisms, partly because of lack of information, legal aid and
interpreters and partly because they fear losing their job and subsequently being detained
and deported, or they fear their sponsor’s reactions. Often when a migrant reports abuse by
their sponsor, the sponsor retaliates by filing criminal charges against him or her. Some
migrants detained in the deportation centre reported not even being released from the
deportation centre to attend their own court case filed against their employer. More efforts
are needed to provide effective access to justice for migrants. Sponsorship should always be
transferred at the request of the worker, at least temporarily, when a migrant files a
complaint against their employer. Additionally, migrants who file a complaint against their
employer often need help, including interpretation and legal aid, but often also a place to
stay and food, while they wait for a decision in their case.
52.
The complaint mechanisms are not very effective. Despite its good will and
awareness of the issues, the National Human Rights Committee has limited means and
cannot take any decisions, only transfer the complaint to the relevant ministry. The Ministry
of Labour can only mediate and if the employer does not agree, the worker has to file a case
with the court. Migrants find the division of competencies between the Committee and the
Ministries of Labour and Interior confusing.
53.
The Special Rapporteur notes the need for more effective sanctions against
employers. He regrets the lack of effective investigation and prosecution measures for
offences under the Labour Law and the small number of court cases against abusive
employers, a situation which may be connected to the numerous non-Qatari judges without
tenure. Access to the labour court is difficult: migrants have to pay a fee to file a case and
getting a decision takes several months. The Labour Law provides that lawsuits filed by
workers shall be exempted from judicial fees; however most migrants still have to pay 600
riyals to file a case. Reportedly this covers the cost of an expert opinion. This is money
migrants often do not have – in fact many of the complaints by migrants relate to nonpayment of their salaries for up to several months.
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