7/18/2014 End of Kafala?

All eyes on Qatar as govt set to announce amendment to labour law tomorrow
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End of Kafala? All eyes on Qatar as govt set
to announce amendment to labour law
tomorrow
Qatar is expected to announce the long-awaited amendments to its labour law tomorrow.
The Ministry of Interior will be making the announcement to media tomorrow at 3 pm, local time. (While the
communication in English says Labour Law Amendment, the Arabic communication says Condition of Workers.)
Since 2010, when it won the bid to host the FIFA World Cup in 2022, its treatment of migrant workers has been under
severe scrutiny.
About 90 percent of the over two million population are expatriates, and close to 1.3 million are from Asian countries
such as India, Bangladesh, Nepal, Philippines and Sri Lanka. Most of these residents are low-income expatriates (migrant
workers) who bear the brunt of the kafala system.
Doha-based rights activist Aakash Jayaprakash says it is crucial that the changes made are accompanied by equally
effective implementation tools. Often the challenges are about enforcement of the current laws more than the
law itself. If what we have been hearing is true, and the exit permit is changed to allow those without doubt or
criminal charges to leave the country at will, it would be a great positive step.
PRESSURE FROM ACROSS THE WORLD
At the ongoing Global Forum on Migration Development Civil Society Days meeting in Stockholm, the state of migrant
workers in Qatar was an oft-raised concern. Civil society organisations while highlighting the lack of regulation in
countries of origin, also spoke of the complete lack of protection for migrants in destination countries, especially in the
GCC.
At the Universal Periodic Review of Qatar on May 7, the UN Member States had also called on Qatar to reform its labour
laws and protect its migrant workers.
Some of the main criticisms against Qatars labour system, and the corresponding suggestions for improvement, are:
1. Abolition of the exit permit system.
2. Abolition of the NOC system, and allowing workers to move jobs.
Vani
Saraswathi
On May 13,
2014
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One Comment
July 18, 2014, 3:04 pm
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7/18/2014 End of Kafala? All eyes on Qatar as govt set to announce amendment to labour law tomorrow
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TAGS
KAFALA MIGRANT RIGHTS Migrants in Qatar
3. Allow freedom of association and collective bargaining.
4. Improve the labour inspection practices.
5. Strict implementation of current laws.
6. Clamp down on contract substation and unethical recruitment practices that result in debt bondage of workers.
The Amnesty report The Dark Side of Migration: Spotlight on Qatars construction sector ahead of the World Cup
released last November made these key recommendations:
Ensure that all workers including but not only domestic workers have their labour rights protected by law, equally;
and
Amend Article 116.1 so that workers in enterprises with less than 100 workers of any nationality employed are able to
form or join a union;
Adopt provisions that extend to all workers the right to bargain collectively, consistent
Increase the monitoring of the arrival of workers in Qatar, so that when workers arrive their contract is checked by
government officials in the presence of their employer and the worker, to confirm that the terms and conditions are
what the worker has been promised prior to leaving his or her home country;
Significantly increase the number of competent Labour inspectors as a matter of urgency, ensuring that either a
significant proportion of Labour inspectors are able to speak the languages used by workers or are accompanied by
competent translators;
Consider making public the grades awarded to employers for compliance with labour standards, and the criteria upon
which they are judged, providing independent oversight for this system.
Amnesty Internationals researcher on migrant rights in the GCC, James Lynch says:
We obviously hope to hear of plans for fundamental reform, to the sponsorship law most obviously, including
the exit permit which we believe should be abolished. This is an opportunity for the government to show that it
is really serious about addressing the abuses that have brought Qatar such scrutiny and criticism in recent
months.
The resistance from businesses to providing NOC is often rationalised by the employer by saying they have invested in
recruitment.
Jayaprakash points out: The main challenge to this point lies in the recruitment system, where both employers
and employees have invested heavily in it. If Qatar is able to ensure that there is a clean recruitment process
before a foreign worker begins working in Qatar it would be beneficial to both employer and employee. Perhaps
an online portal where the Ministry of Labour can post all job openings in Qatar, based on need and skill level, and
individuals can apply directly? Also, the reforms should include all those who are not part of the current laws.
Domestic workers are very vulnerable and the most exploited group; They should ensure that security guards and
cleaners are no longer outside of work hour limitations. There is much to do, but I hope that an effective
enforcement and punitive measure system is also announced.
A SLOW JOURNEY TOWARDS LABOUR REFORMS
In the last quarter of 2013 the media glare on Qatar got harsher, and the government commissioned DLA Piper law firm
to look into allegations of labour abuse and present its findings and recommendations.
In February the the Qatar 2022 workers welfare standards was released by the Supreme Committee for Delivery and
Legacy, but it was seen as a limited intervention that doesnt benefit all workers.
These standards addressed some of the issues:
Contractors are to set up bank accounts for their workers, which will help facilitate payment, creating an auditable
transaction system that will help the Supreme Committee verify that all workers are being paid in full and on time.
Accommodations: Comprehensive specifications for worker accommodations, setting clear guidelines for everything
from the number of beds per room to a minimum standard for cleanliness and hygiene.
Independent third-party auditors will be involved in a 4-tier audit system to enforce the standards. Progress reports
based on the audits are to be made public in order to track progress and share lessons learnt with government
stakeholders and the international community.
A few weeks ago, the Wage Protection System was also announced.
Photo Courtesy: Yan on Flickr
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7/18/2014 End of Kafala? All eyes on Qatar as govt set to announce amendment to labour law tomorrow
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Reply
May 15, 2014
Octavius
Well and most welcome movehaving stayed
and worked in UAE this will enhance more
Healthy competition among firms.
This move to is very positive and will make/
attract more investors.
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