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Opinion

13 Dec 2016

What do Qatar's kafala reforms mean for company action on migrant rights?

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The widely anticipated reforms to Qatar’s 2009 sponsorship law come into effect today, heralded as a significant change for the lot of migrant workers employed in the country.[1] Law No. 21 of 2015 on the Entry, Exit and Residency of Foreign Nationals purportedly abolishes the much-criticised kafala system and replaces it with a contract-based alternative.

Amnesty International’s review of the new law released yesterday, asserts that it “does not significantly change the relationship between worker and employer, although it does include some minor improvements”.[2] The key shortcomings of Law No. 21 identified in the report are that:

  • Workers still need their employer’s permission to change jobs during their contract period, which can be as long as five years. Working for another employer during the contract period, without permission, remains a criminal offence.
  • Workers still require exit permits and their employers still have a mechanism to block them from leaving.
  •  A loophole means that passport confiscation may not be illegal in certain circumstances.[3]  

In ITUC’s response to the reforms, ITUC General Secretary Sharan Burrow, said: “International companies operating in Qatar must ensure that their entire operations in the country comply with international labour standards.”[4]

In 2016, we invited 55 construction companies to participate in a survey on migrant rights in their Qatar operations.[5] The responses yielded important observations on the current status of corporate compliance with international labour standards and action on freedom of movement. Of the 55 companies we contacted, only 13 responded, and less than 25% had a publically available human rights commitment that referenced international standards and principles on human rights and labour.

The analysis of the survey responses revealed some examples of better practice, but overall there is far more that the construction sector can do to meet international expectations on transparency and freedom of movement for migrant workers.

Multiplex acknowledged that “there have been reported incidences (by other operators) that some workers do not receive No Objection Certificates or Exit Permits should they wish to transfer employers or depart Qatar.”[6] Most of the responding companies stated that they issue the relevant documents to workers in accordance with local legislative requirements, however there was little indication of the processes in place to ensure workers’ ability to change jobs or leave the country is not impeded or delayed as a result of these requirements.

On passport retention, the majority of companies communicated a policy of not withholding workers’ passports unless requested by the workers in writing, which is in keeping with the new changes to the labour law.

This practice is problematic however, as it assumes that companies have transparent, accessible and efficient procedures in place to return passports to workers on request. Where this is not the case, the result for the worker is much the same as having their passport withheld. The consequences of this practice are evident in the escalating number of reports of workers left stranded across the Gulf as construction companies face financial difficulties in the wake of plunging oil prices.[7]

Vinci/QDVC shared examples of the company’s attempts to limits the restriction on worker movement within the confines of the law:

  • The company “systematically grants Non-objection Certificates (NOC) for transfer of employment to all workers who request it with no conditions attached”.
  • The company “issues exit visas to all workers who wish to leave the country…and takes care of all travel-related expenses at the end of service, regardless of the reason of departure.”
  • The company was the only company to report giving workers complete access to their passports:

“For residency permit processes QDVC will require the original passport of its employees. Workers are provided with a photocopy and a receipt form that states QDVC’s commitment to return their passport. Upon completion of residence permit application or renewal procedures, the passport is returned to the employee immediately. Each worker has a personal safety deposit box at disposal in his room for the safekeeping of their passports and personal belongings.”[8]

This example demonstrates the important role companies can play where the laws governing migration and employment do not offer sufficient protection for migrant workers. Other examples of commitment to international standards identified through the survey included Salini Impregilo’s international agreement with Building and Woodworkers International and Italian trade unions to promote and respect workers’ rights across its global operations and Interserve, Multiplex and Vinci/QDVC’s worker welfare policies specific to their regional and/or Qatar-based operations.

Looking ahead, it will not be enough for companies to cite their adherence to local labour laws if the reforms do not solve the problems related to migrant workers’ freedom of movement. Qatar rejected the claims that the reforms fail to provide sufficient protection for migrant workers, and has urged the international community “not to draw any definitive conclusions until there has been time to see the new law in action.”[9]

Whatever the case, companies must continue to push forward and widen the sphere of improvements already being taken by a small group of front running companies. The attention to the human-rights performance of the construction industry spurred by the Qatar World Cup has resulted in scrutiny of the sector and its business partners by international institutions, governments, media and civil society that will not end with these reforms.

For a full picture of construction industry action on migrant worker rights in Qatar and recommendations for companies, click here.

 


[1] QNA, 9 Oct 2016: Launch of Awareness Campaign on New Worker Protection Law. Available at: http://www.qna.org.qa/en-us/News/16100918410055/Launch-of-Awareness-Campaign-on-New-Worker-Protection-Law.

[2] Amnesty International, 12 Dec 2016: New name, old system? Qatar’s New employment law and abuse of migrant workers. Available at: https://www.amnesty.org/en/latest/news/2016/12/qatar-migrant-workers-still-at-risk-of-abuse-despite-reforms/

[3] Ibid.

[4] ITUC, 13 Dec 2016: Qatar’s Labour “Reforms”: New Labels on Old Laws. Available at: http://www.ituc-csi.org/qatar-s-labour-reforms-new-labels.

[5] We also approached 45 construction companies regarding their operations in United Arab Emirates as part of this outreach.

[6] Multiplex, 2016: response to Business & Human Rights Resource Centre: https://business-humanrights.org/en/multiplex-0.

[7] Business & Human Rights Resource Centre has documented cases of stranded workers in Qatar, UAE, Saudi Arabia, Bahrain, Kuwait and Oman.

[8] Vinci, 2016: response to Business & Human Rights Resource Centre: https://business-humanrights.org/en/vinci-0.

[9] QNA, 12 Dec 2016: Qatar Rejects Amnesty Report on law Regulating Expats’ Entry and Exit. Available at: http://www.qna.org.qa/en-us/News/16121222190065/Qatar-Rejects-Amnesty-Report-on-Law-Regulating-Expats-Entry-and-Exit and QNA, 12 Dec 2016: Qatar Abolishes ‘Kafala’ System, Implements New Reforms to Improve Worker Rights’. Available at: http://www.qna.org.qa/en-us/News/16121215310045/Qatar-Abolishes-Kafala-System-Implements-New-Reforms-to-Improve-Worker-Rights