A/HRC/26/35/Add.1
Guiding Principles on Business and Human Rights adopted by the Human Rights Council
in its resolution 17/4 state that business enterprises are required to avoid causing or
contributing to adverse human rights impacts through their own activities, to address such
impacts when they occur and to seek to prevent or mitigate adverse human rights impacts
that are directly linked to their operations, products or services through their business
relationships.
76.
The private sector can play an important role in ending the abuse and exploitation of
migrants in Qatar. This includes ending practices such as contract substitution, the
confiscation of passports, not providing identity cards, not paying employees on time and
inadequate working and living conditions.
77.
The Special Rapporteur was repeatedly told that the most serious abuse of migrants
is not committed by large transnational companies, but rather by small companies which act
as subcontractors. Transparency in the labour supply chain is crucial in order to prevent
abuse: all intermediaries, subcontractors and other partners should therefore be identified
and suppliers and other business partners should not engage unauthorized subcontractors.
Companies must ensure that workers, including subcontracted labour, are not subjected to
exploitative working conditions.
X. Conclusions and recommendations
78.
The high proportion of migrants in Qatar creates unique challenges for the
country, but the Special Rapporteur concludes that efforts need to be stepped up to
prevent human rights abuses against migrants in the country. Qatar has made
progress in advancing the human rights of migrants, inter alia through some of the
improvements introduced in the Sponsorship Law of 2009. However, much remains to
be done in order to ensure full respect for the human rights of migrants in Qatar.
79.
The Special Rapporteur notes that there is some good legislation in place,
which could potentially prevent some of the abuse migrants currently experience in
Qatar. However, this legislation is not adequately enforced.
80.
The Special Rapporteur believes that a better informed and better protected
workforce is a more productive and reliable workforce. It would benefit businesses in
Qatar to have a more streamlined recruitment process. Abolishing the kafala system
would attract more highly qualified workers. Recruitment fees mean that the people
recruited are those who can pay the fee, not the ones who are most qualified.
Formalizing the recruitment process, certifying recruitment agencies in sending
countries and abolishing all recruitment fees would lead to better skills matching.
81.
In light of the information received and the concerns expressed, the Special
Rapporteur wishes to propose the following recommendations to the Government of
Qatar.
A.
Normative and institutional framework for the protection of the human
rights of migrants
82.
Effectively implement existing legislation, prosecute violations and impose
appropriate sanctions on companies and individuals who violate the rights of
migrants.
83.
In accordance with Qatar National Vision 2030 and the National Development
Strategy 2011–16, revise labour laws to further protect the rights of all migrant
workers.
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