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However, <strong>the</strong> lack of official complaints provides no evidence that workers are not paying<br />
such fees, given <strong>the</strong> significant barriers and deterrents <strong>the</strong>y face to filing complaints. In<br />
fact, nearly all workers interviewed <strong>report</strong>ed that <strong>the</strong>y had paid recruitment fees to<br />
recruiting agents in <strong>the</strong>ir home countries in order to obtain <strong>the</strong>ir jobs in Qatar, whe<strong>the</strong>r<br />
<strong>the</strong>y <strong>the</strong>n migrated through Qatari recruitment agencies or through acquaintances in <strong>the</strong><br />
country. The government should not rely on worker complaints to enforce laws banning <strong>the</strong><br />
charging of recruiting fees, or any o<strong>the</strong>r laws designed to protect worker rights. Migrant<br />
construction workers are in a particularly weak position to seek legal protection, in light of<br />
language and knowledge barriers and <strong>the</strong> fact that <strong>the</strong>y face potential reprisals from <strong>the</strong>ir<br />
employers, who control <strong>the</strong>ir ability to remain in <strong>the</strong> country. As noted by <strong>the</strong> government,<br />
92% of workers who have filed complaints have been forced to continue <strong>the</strong>ir employment<br />
with <strong>the</strong> same employer during <strong>the</strong> pending review of <strong>the</strong>ir complaints. The government<br />
should proactively investigate <strong>the</strong> extent to which employers are abiding by laws and<br />
enforce penalties against those who are not.<br />
Ministry of Labor officials fur<strong>the</strong>r added, in a letter to <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>, that “regarding<br />
<strong>the</strong> levying of fees by some manpower firms in labor-exporting states, this may indeed<br />
happen because it is outside <strong>the</strong> control of <strong>the</strong> Qatari Ministry of Labor, although <strong>the</strong><br />
Ministry does work to limit this by asking <strong>the</strong> governments of <strong>the</strong>se countries to supply it<br />
with <strong>the</strong> names of licensed, authorized recruitment firms, in order to direct employers to<br />
deal with <strong>the</strong>m, through meetings of <strong>the</strong> joint committees with <strong>the</strong>se countries or via <strong>the</strong>ir<br />
embassies in Doha.” While such efforts are commendable, <strong>the</strong>y are inadequate. Instead,<br />
<strong>the</strong> government should require employers to seek formal statements from recruiting agents<br />
abroad, as well as workers before <strong>the</strong>y leave <strong>the</strong>ir home country, attesting to whe<strong>the</strong>r <strong>the</strong>y<br />
have charged or paid such fees, as <strong>the</strong> case may be. It should also require employers to<br />
reimburse workers who have paid such recruiting fees. Finally, it should proactively<br />
investigate <strong>the</strong> role of Qatari agencies and <strong>the</strong>ir relationship with sending country<br />
recruiting agents, including <strong>the</strong> extent to which <strong>the</strong>y may be surreptitiously seeking<br />
payment from workers, as some studies have indicated. 58<br />
Section VII discusses problems in <strong>the</strong> recruitment process in greater detail.<br />
58 The World Bank, The Qatar-Nepal Remittance Corridor: Enhancing <strong>the</strong> Impact and Integrity of Remittance Flows by<br />
Reducing Inefficiencies in <strong>the</strong> Migration Process, (Washington DC: World Bank, 2011), p.9.<br />
BUILDING A BETTER WORLD CUP 40