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An International Labour Organization (ILO) member since 1972, the government has ratified
conventions protecting workers against forced labor, discrimination in employment and
occupation, and prohibiting child labor. In 2009, the government ratified the UN Trafficking
Protocol, and in October 2011, passed domestic legislation criminalizing human trafficking
and sanctioning managers of corporations whose businesses involve human trafficking.
However, inadequate implementation and oversight of current legal provisions mean they
rarely translate to worker protections in practice and that employers can pick and choose
what protections to offer, with relative impunity. In a letter to Human Rights Watch,
officials from Qatar’s Labor Ministry state that “the Ministry has received no complaint of
forced labor and it is inconceivable that such a thing exists in Qatar, as the worker may
break his contract and return to his country whenever he wishes and the employer cannot
force him to remain in the country against his will.” However, conditions of forced labor are
not obviated by the right of a worker to break his contract and return home. When workers
owe onerous recruiting fees, are not free to find new employers, and do not have custody
of their passports, they are, in fact, very likely to be in conditions of forced labor, as
defined by international law.
In other instances, Qatar’s laws themselves facilitate abuse and prevent workers from
effectively advocating for their interests. Qatar has not signed key international human
rights instruments, including the International Covenant on Civil and Political Rights (ICCPR)
and the Covenant on Economic, Social and Cultural Rights (ICESCR). Qatar has no
minimum wage, and while the Labor Law allows Qatari workers to unionize, it prohibits
migrant workers from joining unions. In making this distinction, the law discriminates
against migrant workers in violation of international law. Local law makes it impossible for
workers involved in World Cup construction to engage in collective bargaining and push for
better protections, as workers in South Africa and Brazil—hosts of the 2010 and 2014
World Cup—did, gaining wage increases and improved health and safety provisions.
The Labor Law also does not require public reporting on workplace injuries and fatalities or
specify that employers should be responsible for workers’ recruitment fees, while the
immigration Sponsorship Law prevents workers from changing employers at will, allowing
only workers who have filed abuse claims to seek permission to do so.
7 HUMAN RIGHTS WATCH | JUNE 2012