A/HRC/26/35/Add.1
D.
Alternatives to detention
67.
As long as there is no specific risk of a migrant absconding from future proceedings
and he or she does not present a danger to himself or herself or to others, detention is not
necessary and thus a violation of that person’s rights. A large number of the detainees the
Special Rapporteur met wanted to go home to their country and it is therefore highly
unlikely that they would abscond. The Sponsorship Law provides that the Minister of
Interior may oblige migrants to reside in a specific area instead of resorting to detention and
the Special Rapporteur was informed that reporting requirements are also sometimes used
as an alternative to detention. The Special Rapporteur urges the Qatari authorities to
systematically rely on non-custodial measures rather than detention. An individual
assessment of the necessity of detention should be undertaken in all cases, in accordance
with international human rights standards, and non-custodial measures should always be
considered before detention. In this respect, the Special Rapporteur refers to his report on
the detention of migrants in an irregular situation (A/HRC/20/24), which provides useful
information on the different alternatives to detention and how to apply them.
68.
The Special Rapporteur was informed that some migrants asked to be kept in the
deportation centre because they had no place to live. Keeping such people in a shelter
would not only be much cheaper than detaining them, but would also better respect the
human rights and dignity of those concerned. The Special Rapporteur visited the shelters
run by the Qatar Foundation for Combating Human Trafficking and the Qatar Foundation
for the Protection of Women and Children. He welcomes the work of these foundations and
urges the authorities to transfer detained migrants to such shelters, unless there is a specific
reason that requires them to be detained while they are waiting to return to their countries.
The capacity in such shelters should be expanded and new shelters should be established
for all migrants in difficult situations, men, women and children.
IX. Cross-cutting concerns
A.
Xenophobia and the perception of migrants
69.
The Special Rapporteur regrets the negative perception of migrants in Qatar.
Migrants are often seen as their employer’s “property” rather than human beings with
human rights equal to those of Qatari nationals. This is reflected in the systematic
exploitation of migrants, who often live in slum-like conditions, work excessive hours in
difficult and dangerous conditions and are often not paid for several months. Domestic
workers are particularly vulnerable to such practices. This may unfortunately reveal
entrenched discrimination, if not racism, when the victims are non-Qataris. The Special
Rapporteur notes the need for the Qatari authorities to undertake measures to create a more
positive perception of migrants in Qatari society, stressing that migrants undertake
important jobs in Qatar, are an essential part of its economic success and deserve to see
their dignity and rights protected on a par with that of citizens. As law enforcement is
generally good in Qatar, it is regrettable that this does not extend to situations where
migrants are concerned.
70.
The Special Rapporteur is also concerned at the categorization of migrants based on
their nationality, whereby some nationalities are seen as more valuable than others and
migrants of some nationalities are paid higher salaries than others, while carrying out the
same job. This form of discrimination constitutes a violation of the International
Convention on the Elimination of All Forms of Racial Discrimination.
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