A/HRC/26/35/Add.1
84.
Ratify the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families, which would provide the Qatari
government with a useful framework for managing migration while ensuring the full
respect for the human rights of migrants.
85.
Ratify the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights.
86.
Ratify the Optional Protocol to the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment and establish a national
preventive mechanism with a mandate to undertake unannounced visits to all places
where migrants are deprived of their liberty.
87.
Consider seeking technical assistance from the Office of the United Nations
High Commissioner for Human Rights (OHCHR) in order to make sure Qatari
legislation and practice are in line with these treaties.
88.
Ratify a number of ILO conventions, including No. 97 concerning Migration
for Employment (1949), No. 143 concerning Migrations in Abusive Conditions and the
Promotion of Equality of Opportunity and Treatment of Migrant Workers (1975), No.
87 concerning Freedom of Association and Protection of the Right to Organize (1948),
No. 98 concerning the Application of the Principles of the Right to Organize and to
Bargain Collectively (1949), No. 189 concerning Decent Work for Domestic Workers
(2011) and No. 181 concerning Private Employment Agencies (1997).
89.
Take fully into consideration the recommendations made by the National
Human Rights Committee, including those in its reports in relation to the human
rights of migrants.
B.
Recruitment practices
90.
Abolish the kafala system and replace it with a regulated open labour market,
where the work permit allows the worker to change employer. This would include
abolishing the “no objection” certificate and the exit permit requirement. In the
meantime, the provisions of the Sponsorship Law should be strictly enforced and
there should be clear criteria for when a sponsor can refuse to give a “no objection”
certificate or an exit permit and abused migrants should always be allowed to change
sponsor.
91.
Conduct systematic checks to make sure that employers do not confiscate their
employees’ passports.
92.
Ensure that migrants are properly informed as to their rights. In this respect,
ensure that employment contracts signed by migrants are written in a language that
they can read and understand.
93.
Ensure that illegal recruitment fees are not charged and that contracts signed
in the sending countries are not altered in Qatar without the informed consent of the
migrant concerned. E-government solutions could be developed to protect contracts
against change upon arrival of the worker in Qatar.
94.
Formalize the recruitment process, set up a centralized body for recruitment,
consider initiating a process across all the Gulf Cooperation Council countries and
strictly monitor the role of private recruitment agencies.
95.
Consider seeking technical assistance from ILO and OHCHR to reform the
sponsorship system, improve the recruitment process and train government officials.
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