A/HRC/26/35/Add.1
face human rights violations in the workplace, partly due to lack of implementation of the
Labour Law and a carelessness that may be fed by lack of consideration for Asian migrants.
Some are not paid their wages on time, some are not paid at all and others are paid less than
agreed. It has been argued that a minimum wage cannot be established because the
recruitment agencies in Qatar are bound by contracts issued by sending countries. However,
when sending countries have tried to set a minimum wage for their workers, this has
resulted in workers of that country not being given visas for Qatar.
45.
Living conditions in labour camps are often inadequate and in violation of Qatari
law, such as the prohibition against bunk beds. The Special Rapporteur observed how a
large number of migrants live in overcrowded and insalubrious conditions in the Doha
industrial area. Many migrants do not have an identity card, because their employer did not
provide them with one or did not extend its validity. As a consequence, they cannot obtain
health cards to access subsidized health care. The Special Rapporteurs regrets the
insufficient number of labour inspectors, who are not in a position to investigate thoroughly
the working conditions or living conditions in labour camps, due to their small numbers and
the lack of interpreters. He welcomes information received that the number of labour
inspectors will be doubled from 150 to 300.
46.
The Special Rapporteur is concerned about the level of accidents in construction
sites and hazardous working conditions resulting in injury or death. He is also concerned at
the lack of data on accidents and deaths, despite anecdotal evidence that too many of these
mostly young men return home in a coffin. He notes the need for the workers’ voices to be
heard on issues that are of common interest to them, the employers and the Government.
The authorities should consider allowing the creation of health and safety committees
where workers would be represented. Ultimately, all workers should be allowed to form
workers’ organizations. The authorities should not see this as a threat, but as an opportunity
to use the workers’ voice to facilitate their own work, in the efficient management of a
mobile and competent labour market, where grievances can be dealt with early on and not
when accidents happen or workers abscond.
47.
The Ministry of Labour has initiated a pilot programme with a three-tier ranking of
companies based on the number of complaints against them. The Ministry also has a system
for blacklisting companies. While blacklisting companies who abuse migrants may be a
good idea, the problem is that if these companies cannot hire new employees, they will
often be more reluctant to let their employees go. Thus, such companies will often refuse to
provide “no objection” certificates or exit permits, resulting in their employees being stuck.
When a company is blacklisted, attention must also be paid to the rights of those people
who are currently working in that company.
VI. Domestic workers
48.
Domestic workers are excluded from the Labour Law. This includes housemaids,
drivers, cooks and gardeners. One reason put forward for this exclusion is that these
workers do not have fixed working hours. Another explanation provided to the Special
Rapporteur was that domestic work is regulated in the contract signed between the
employee and the employer, so there was no need for a law. The Special Rapporteur
strongly disagrees with this assessment. Domestic workers have as much need for their
work to be regulated by law as any other worker, if not more. The Special Rapporteur met
domestic workers who had run away from their employers after severe cases of physical,
mental and sexual abuse. Some were overworked, forced to work as much as 21 hours per
day, and “loaned” to other employers. Some reported not being given food, while others
had not been paid their salaries for up to 10 months. Some were injured in accidents in the
home. The vast majority had had their passports confiscated.
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