Download the full report - Human Rights Watch
Download the full report - Human Rights Watch
Download the full report - Human Rights Watch
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
Regarding <strong>the</strong> second question, on <strong>the</strong> authority of <strong>the</strong> Ministry to approve a change in<br />
sponsor for any migrant worker if he faces arbitrary treatment by his sponsor, under Article<br />
21, paragraph 2 of <strong>the</strong> law, <strong>the</strong> <strong>Human</strong> <strong>Rights</strong> Directorate is <strong>the</strong> competent body in <strong>the</strong><br />
Interior Ministry that applies this statute regarding any requests from a migrant worker to<br />
permanently change sponsors, if indeed arbitrary treatment is proven, and this based on<br />
clear standards established in coordination with <strong>the</strong> Labor Directorate and <strong>the</strong> National<br />
<strong>Human</strong> <strong>Rights</strong> Committee. Over <strong>the</strong> last three years—2009, 2010, and 2011—<strong>the</strong>re have<br />
been 89 cases in which a migrant worker has permanently changed sponsors, as noted in<br />
<strong>the</strong> appendix, which shows <strong>the</strong> cases in which permission was granted to change sponsors<br />
due to arbitrary behavior, pursuant to <strong>the</strong> application of Law 4/2009, to <strong>the</strong> exclusion of<br />
regular cases of <strong>the</strong> transfer of sponsorship.<br />
Regarding <strong>the</strong> rejection of some requests in <strong>the</strong>se cases and <strong>the</strong> reason for <strong>the</strong>ir rejection,<br />
this is because no incidents were established that constitute arbitrary conduct. The<br />
Ministry implements court rulings ordering <strong>the</strong> transfer of sponsorship in cases where such<br />
rulings are issued.<br />
Regarding <strong>the</strong> third question on <strong>the</strong> resolution of <strong>the</strong> status of workers who are <strong>report</strong>ed by<br />
<strong>the</strong>ir sponsors for leaving <strong>the</strong>ir jobs, or in cases of employers violating <strong>the</strong> conditions of<br />
<strong>the</strong> labor contract or workers’ rights, <strong>the</strong> state of Qatar has regulated <strong>the</strong> relationship<br />
between <strong>the</strong> sponsor (<strong>the</strong> employer) and <strong>the</strong> sponsee (<strong>the</strong> worker) by creating a balanced<br />
relationship that allows no scope for <strong>the</strong> preferential treatment of ei<strong>the</strong>r one. This is done<br />
through a legal framework that specifies <strong>the</strong>ir rights and duties, as well as <strong>the</strong> penalties for<br />
breaches of legal regulations. This is illustrated in most of <strong>the</strong> provisions of Law 4/2011<br />
regulating <strong>the</strong> entry, exit, residence, and sponsorship of migrants, for example in <strong>the</strong><br />
provisions of Articles 12 and 57/4. This balance in reciprocal rights and duties is also<br />
embodied in detail in <strong>the</strong> labor law (Law 14/2004).<br />
We would like to note that according to <strong>the</strong> rules of legal and judicial proof, establishing<br />
that ei<strong>the</strong>r party to <strong>the</strong> labor relationship (<strong>the</strong> sponsor or <strong>the</strong> sponsee) has breached <strong>the</strong><br />
obligations and conditions of <strong>the</strong> labor contract is a matter for <strong>the</strong> competent labor court.<br />
Until <strong>the</strong> dispute between <strong>the</strong> sponsor and sponsee is resolved by <strong>the</strong> court, which takes a<br />
certain amount of time under regular judicial procedures, <strong>the</strong> worker will have been<br />
BUILDING A BETTER WORLD CUP 118