A/HRC/26/35/Add.1
54.
The National Development Strategy provides for the establishment of a tribunal to
solve labour disputes. The Special Rapporteur welcomes this proposal, as it seems clear that
the current system, with mediation by the Ministry of Labour and the lengthy procedures in
the labour court, is not working satisfactorily. This new tribunal should be easy to access,
with information provided in the languages spoken by the migrants, with interpreters, legal
aid, no fees and quick settlement of disputes and enforcement of decisions.
VIII. Detention of migrants in an irregular situation
A.
Detention practices and legislation
55.
The detention of migrants is based on the Sponsorship Law. The Law provides that
the detention of migrants awaiting deportation may be ordered for 30 days, “renewable for
several similar periods”, which may lead to long-term administrative detention. The Special
Rapporteur met migrants who had been detained for as long as one year. Many of them are
trapped in Qatar, as they lack one or more of the three requirements to go home: their
passport, an exit permit and a plane ticket (to be paid by their employer). During the
Special Rapporteur’s visit, there were approximately 300 women and 1,050 men detained at
the deportation centre. A new ward to accommodate up to 500 women was under
construction.
56.
Migrants who abscond from abusive employers are routinely detained and deported.
The Special Rapporteur was informed that most migrants who await deportation are not
kept in the deportation centre, but rather have to report to the authorities daily. Those
detained are reportedly those who have a criminal case or civil claims against them, those
who have resisted deportation and those who abscond from their sponsors. The fact that
those who abscond may have been abused by their employer does not seem to be taken into
consideration.
57.
Some of the detainees had reported cases of abuse by their employers and in some
instances their employers had retaliated by reporting criminal cases against the migrant who
had absconded. Others could not leave the deportation centre until they had paid the fine for
having overstayed their residence permit. However, it is the responsibility of the employer
to ensure that migrants have a residence permit and often they do not extend the permits of
the migrants working for them, mainly due to the cost incurred.
58.
The majority of the women in the deportation centre had absconded from abusive
employers, particularly the domestic workers, and they wanted to return to their countries
of origin. The Special Rapporteur is of the opinion that it is very unlikely that they present
any risk of absconding while trying to obtain their passport, flight ticket and exit permit.
Their detention is therefore not necessary and constitutes a violation of their rights.
Accommodating such women in open shelters, instead of building a new ward for women
at the deportation centre, would provide a much better and cheaper solution. The Special
Rapporteur was informed that women who do not have any legal issues or a criminal case
against them are referred to the Qatar Foundation for Combating Human Trafficking and
stay in their shelter. However, most women will have legal issues cited against them, as
simply running away from an abusive employer is considered as such.
59.
There were several pregnant women in the deportation centre during the visit of the
Special Rapporteur. The Special Rapporteur deeply regrets this practice. The authorities
should either facilitate their return to their countries, or house them in shelters. Similarly,
children should never find themselves in detention: migrant women with children should
always be hosted in shelters. While there were no children in the deportation centre during
his visit, the Special Rapporteur was informed by several sources that women with small
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