Observation (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 29) sur le travail forcé, 1930 - Qatar (Ratification: 1998)

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Observation

Demande directe

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Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution)

Articles 1(1), 2(1) and 25 of the Convention. Forced labour of migrant workers. The Committee notes that, at its 320th Session (March 2014), the Governing Body approved the report of the tripartite committee set up to examine the representation made by the International Trade Union Confederation (ITUC) and the Building and Wood Workers’ International (BWI) alleging non-observance of Convention No. 29 by Qatar. This tripartite committee concluded that certain migrants in the country might find themselves in situations of forced labour on account of a number of factors such as contract substitution, restrictions on their freedom to leave their employment relationship or the country, the non-payment of wages, and the threat of retaliation. The tripartite committee considered that the Government should take further measures to fulfil its obligation to suppress the use of forced labour in all its forms, in accordance with Article 1 of the Convention. The Governing Body adopted the tripartite committee’s conclusions and called upon the Government to:

-review without delay the functioning of the sponsorship system;
-ensure without delay access to justice for migrant workers, so that they can effectively assert their rights;
-ensure that adequate penalties are applied for violations.

(a) Functioning of the sponsorship system (kafala). The Committee notes that the recruitment of migrant workers and their employment are governed by Law No. 4 of 2009 regulating the sponsorship system. Under this system, migrant workers who have obtained a visa must have a sponsor. This sponsor must do all the necessary paperwork to obtain the residence permit for the worker and, once the procedures for this permit are completed, the employer is obliged to return the passport to the worker (section 19). The Law forbids workers to change employer, and the temporary transfer of the sponsorship is only possible if there is a pending lawsuit between the worker and the sponsor. Furthermore, workers may not leave the country temporarily or permanently unless they have an exit permit issued by the sponsor (section 18). If the sponsor refuses to grant the worker an exit visa, a special procedure is provided under the Law (section 12). The Committee notes the tripartite committee’s observation that although some provisions of Law No. 4 of 2009 provide a certain protection to workers, their practical application raises difficulties, such as the requirement to register workers, which results in the confiscation of passports; it also noted the apparent infrequency of transfers of sponsorship. The tripartite committee also pointed out that a number of provisions of the Law, by restricting the possibility for migrant workers to leave the country or change employer, prevents workers who might be victims of abusive practices to free themselves from these situations. This also applies to the practice of withholding passports, which deprives workers of their freedom of movement.

The Committee takes due note of the Government’s indication that a bill has been drafted to repeal the system of sponsorship and to replace it by work contracts. Under this bill, workers would be authorized to change employer when their limited contract expires or after five years in the case of permanent contracts. The Government points out that amendments are also being considered to allow workers to leave their employer after obtaining authorization from the competent government authority. It adds that efforts will be stepped up to ensure that workers’ passports are not withheld and that employers who infringe this obligation are penalized as provided for under the Law.

The Committee trusts that the new legislation on migrant workers will be enacted in the near future, and will be drafted in such a way as to provide them with the full enjoyment of their rights at work and protect them against any form of exploitation, tantamount to forced labour. The Committee hopes that, to attain this objective, the legislation will make it possible to:

-suppress the restrictions and obstacles that limit these workers’ freedom of movement and prevent them from terminating their employment relationship in case of abuse;
-authorize workers to leave their employment at certain intervals or after having given reasonable notice;
-review the procedure of issuing exit visas;
-guarantee access to rapid and efficient complaint mechanisms to enforce workers’ rights throughout the country; and
-guarantee workers the access to protection and assistance mechanisms when their rights are infringed.

(b) Access to justice. The Committee notes the tripartite committee’s observation that although the legislation provides for the establishment of different complaints mechanisms, the workers seem to encounter certain difficulties in using them. The tripartite committee considered that measures should be taken to remove such obstacles, such as by raising the awareness of workers to their rights, protecting suspected victims of forced labour and reinforcing cooperation with labour-supplying countries. The Committee notes that, according to the Government, the bill stipulates that migrant workers should submit their complaint to the Labour Relations Department under the Ministry of Labour which will examine the matter immediately, and that workers will not be charged legal fees. This Department has been equipped with tablets to register complaints, available in several languages, and the number of interpreters has been increased. In addition, a free telephone line and email have been made available to workers so that they might lodge their complaints, which are dealt with by a team specially trained for this task. Finally, an office has been set up within the Court to help workers initiate legal proceedings and to assist them throughout the whole judicial process.

Duly noting this information, the Committee recalls that the situation of vulnerability of migrant workers requires specific measures to assist them in asserting their rights without fear of retaliation. The Committee urges the Government to continue taking measures to strengthen the capacity of these workers to enable them, in practice, to approach the competent authorities and seek redress in the event of a violation of their rights or abuse, without fear of reprisal. The Committee also asks the Government to take the necessary measures to sensitize the general public and competent authorities on the issue of migrant workers subject to forced labour so that all the actors concerned might be able to identify cases of labour exploitation and to denounce them, and to protect the victims. The Committee requests the Government to take the necessary measures to ensure that victims receive psychological, medical and legal assistance, and to provide information on the number of shelters existing, the number of persons benefiting from this assistance, and on the bilateral agreements signed with the labour-supplying countries. Finally, the Committee requests the Government to indicate the measures taken from the legislative and practical standpoint to provide effective protection for domestic workers.

(c) Application of penalties. Penalties for infringements of the labour legislation. The Committee notes that the tripartite committee observed the lack of information on the penalties imposed for infringements of the labour legislation and of the Law regulating the sponsorship system. It emphasized that the detection and remedying of such violations contribute to the prevention of forced labour practices. The Committee notes that the Government has provided statistics on the number of judicial proceedings and sentences concerning wage arrears, holiday pay and overtime. From January to June 2014, 448 proceedings were initiated and 379 sentences handed down. As regards the matter of wage arrears, the Government refers to a bill proposing to establish a special wage protection unit within the Labour Inspection Department, which would make it an obligation for employers to pay wages directly by means of a bank transfer. The Government also provides information on the measures taken to strengthen the labour inspection services, particularly by expanding its geographical coverage, increasing the number of labour inspectors, raising their status, and providing them with modern computer equipment. As a result, the number of inspection visits increased from 46,624 in 2012 to 50,538 in 2013. The Committee strongly encourages the Government to continue strengthening mechanisms monitoring the working conditions of migrant workers and effectively applying penalties for the infringements registered. In this respect, it calls upon the Government to continue training the labour inspectorate and making it aware of the issues at stake, so that it might identify and put an end to practices that increase the vulnerability of migrant workers and expose them to forced labour, namely, the confiscation of passports, wage arrears, the abusive practices of placement agencies and, in particular, the matter of recruitment expenses and labour contract substitutions. The Committee also asks the Government to indicate whether the labour inspectorate cooperates with the Public Prosecutor’s Office to ensure that the infringements registered give rise to prosecution. Finally, the Committee refers to the comments it makes under the Labour Inspection Convention, 1947 (No. 81).

Imposition of penalties. The Committee notes that the tripartite committee called upon the Government to take effective measures to ensure that adequate penalties are applied to employers who impose forced labour, in conformity with Article 25 of the Convention. The Committee notes with concern that, although the Government refers to provisions in the national legislation that guarantee the freedom of work and penalize the imposition of forced labour (section 322 of the Penal Code and Law No. 15 of 2011 on combating trafficking in persons), it does not provide any information on the judicial proceedings initiated on the basis of these provisions. In this respect, the Committee notes that the situation of migrant workers in Qatar has been examined by many United Nations bodies, who have all expressed their considerable concern at the large number of migrant workers who are victims of abuse (documents A/HRC/26/35/Add.1 of 23 April 2014 and CEDAW/C/QAT/CO/1 of 10 March 2014). Recalling that the absence of penalties applied to persons imposing forced labour creates a climate of impunity, likely to perpetuate these practices, the Committee expresses the firm hope that the Government will take all the necessary measures to ensure that, in accordance with Article 25 of the Convention, effective and dissuasive penalties are actually applied to persons who impose forced labour. The Committee asks the Government to ensure that, given the seriousness of this crime, the police and prosecution authorities act of their own accord, irrespective of any action taken by the victims. The Committee also asks the Government to provide information on the judicial proceedings instigated and the penalties handed down.

The Committee also notes that, at its 322nd Session (November 2014), the Governing Body declared receivable the complaint alleging non-observance by Qatar of Convention Nos 29 and 81, made by delegates to the 103rd Session (2014) of the International Labour Conference, under article 26 of the ILO Constitution, and it asked the Government and employers and workers of Qatar to provide relevant information that will be examined at its next session (March 2015).

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2015.]