Download the full report - Human Rights Watch

More documents

Recommendations

Info

way of email, workers can complain anytime. The hotline is to enlighten workers about their rights and obligations.” 217 As described by ministry officials, the ministry hotline aims to receive workers’ complaints in both English and Arabic. 218 However, when Human Rights Watch called the number provided, the employee who answered the English-language extension said she did not speak English, and that no other employees who could speak English were available. 219 “Workers don’t use the hotline,” said R.N., an Indian resident of Qatar who has been assisting workers from his community for more than 25 years. “If you call, to whom will you speak? [For workers,] the language is not there. If I am not speaking any Arabic or English, how can I complain?” 220 Labor inspections provide, in theory, another precautionary measure against abuse of workers’ rights. However, Qatar’s labor inspections unit employs only 150 labor inspectors to monitor compliance with Qatar’s Labor Law and accompanying regulations. 221 Obeidly, head of the Labor Ministry’s Legal Affairs Unit, told Human Rights Watch that inspectors speak Arabic and sometimes English, but none speak languages commonly spoken by migrant workers in the country and that inspections do not include interviews with workers. “[The inspector] doesn’t speak with workers so he doesn’t need to speak another language,” Obeidly said. “The inspection is an inspection of the company. They don’t need to investigate the workers.” 222 By contrast, a November 2011 letter replying to follow-up queries from Human Rights Watch stated that, “regarding the addition of interviews with workers to the inspection procedures, this measure is already in force. Article 11, paragraph 4 of Ministerial Decree 13/2005 on the regulation of labor inspection activities and measures states, “Question the employer or his representative or the worker, alone in the presence of witnesses, about any topic related to the application of the provisions of the Labor Law and its implementing decrees, in order to determine the extent of compliance with conditions mandated in these statutes.” 223 217 Human Rights Watch interview with Labor Ministry representatives, June 22, 2011. 218 Ibid. 219 Human Rights Watch call to labor ministry hotline, June 16, 2011. When the employee said she did not speak English, Human Rights Watch repeated questions in Arabic. 220 Human Rights Watch interview with R.N., Ramada Hotel, Doha, June 15, 2011. 221 Human Rights Watch meeting with Nasser al-Mannai, Director of Recruitment Department, Mohamed al-Obeidly, Director of Legal Affairs Department, and Salih al-Shawi, Director of Labor Relations Department, Ministry of Labor, Doha, Qatar, June 22, 2011. 222 Ibid. 223 Letter from Qatar Ministry of Labor, November 1, 2011, p. 8. 79 HUMAN RIGHTS WATCH | JUNE 2012
Without available translators or inspectors who speak languages commonly spoken by migrant workers in Qatar, it remains unclear how this measure is implemented. Without speaking to workers, inspectors have no means to accurately assess whether workers have possession of their contracts, whether they receive the wages or work the hours recorded, or whether they have faced deception, threats, or conditions of forced labor. A 2011 incident demonstrated the faults of Qatar’s current inspection regime. The Labor Law requires employers to provide on-site first-aid kits, and nurses, doctors, or a medical clinic, depending on the number of workers employed by the company. 224 It also requires employers to pay for medical treatment if their employees sustain workplace injuries, and to provide periodic medical check-ups for those involved in hazardous work. 225 However, a May 2011 article in The Peninsula, a local newspaper, stated that: …. a number of private companies … are accused of not providing medical care to their workers in violation of the labour law, and producing fake documents to prove their compliance with the legislation….[These companies] enter into fake deals with some private healthcare providers and submit copies of the so-called contracts with the labour department to show that they are abiding by the law. 226 Because inspectors do not ask workers directly whether they have access to health care, companies could produce fraudulent documents to prove compliance, and escape detection. The practice came to light when public hospital employees noted that particular companies dropped off sick or injured workers nearly every day, and notified government authorities. 227 Obeidly added that inspectors do not check whether workers have their own passports, though passport confiscation remains a well-known and widespread violation of Qatari law. “If a worker has this case [of passport confiscation], he should go and present a complaint,” he said. However, Obeidly downplayed the importance of monitoring 224 Law No.14 of 2004, art.102. 225 Law No.14 of 2004, arts. 105, 109. 226 The Peninsula Qatar, “Cover blown off health care fraud,” May 30, 2011, available at: http://www.thepeninsulaqatar.com/qatar/154143-cover-blown-off-healthcare-fraud-.html (accessed September 27, 2011.) 227 Ibid. BUILDING A BETTER WORLD CUP 80
Page 1 and 2:
H U M A N R I G H T S W A T C H Bui
Page 3 and 4:
Copyright © 2012 Human Rights Watc
Page 5 and 6:
To Construction, Labor-Supply, and
Page 7 and 8:
Based on interviews with 73 migrant
Page 9 and 10:
employers to ensure potable water,
Page 11 and 12:
whether they forfeit their rights i
Page 13 and 14:
Necessary Steps Qatar’s Governmen
Page 15 and 16:
secretary-general of FIFA, stated t
Page 17 and 18:
ather than directly by the companie
Page 19 and 20:
(above) Massive construction projec
Page 21 and 22:
(above) A migrant construction work
Page 23 and 24:
Hallway lights illuminate a worker
Page 25 and 26:
20 Building a better world cup
Page 27 and 28:
This Bangladeshi migrant worker tol
Page 29 and 30:
Migrant workers housed in Doha’s
Page 31 and 32:
26 Building a better world cup
Page 33 and 34: Methodology Human Rights Watch cond
Page 35 and 36: I. Background Qatar, a Gulf country
Page 37 and 38: Meanwhile, migrant workers’ labor
Page 39 and 40: labor is temporary. Once their job
Page 41 and 42: “mandatory contract language and
Page 43 and 44: of 2004 set a maximum prison term o
Page 45 and 46: However, the lack of official compl
Page 47 and 48: Even on its face, the Labor Law lac
Page 49 and 50: The Sponsorship Law requires reside
Page 51 and 52: Qatar has not ratified conventions
Page 53 and 54: if they occur. 90 Former UN Special
Page 55 and 56: usiness with subcontractors, suppli
Page 57 and 58: or who have learned of job opportun
Page 59 and 60: written agreements into real, effec
Page 61 and 62: offered himself voluntarily.” 114
Page 63 and 64: after their arrival), or penalizes
Page 65 and 66: The New Doha International Airport
Page 67 and 68: disciplinary purposes, and up to 50
Page 69 and 70: Qatar for three years, and that his
Page 71 and 72: people [have to share] one bathroom
Page 73 and 74: of 191 Nepali workers from all caus
Page 75 and 76: matters that the foreigner has to r
Page 77 and 78: Aspire Zone The Aspire Zone is the
Page 79 and 80: [an] emergency exit [from the count
Page 81 and 82: While their response also states th
Page 83: Qatar’s labor ministry has taken
Page 87 and 88: would terminate the employment rela
Page 89 and 90: Qatar’s Sponsorship Law states th
Page 91 and 92: etween January 2009 and September 2
Page 93 and 94: notarized undertakings in workers
Page 95 and 96: • Ensure that courts reviewing la
Page 97 and 98: • Finance a public awareness camp
Page 99 and 100: Acknowledgements This report was re
Page 101 and 102: Qatar from charging workers fees, b
Page 103 and 104: interviewed for this report said th
Page 105 and 106: Qatar, local employers and recruitm
Page 107 and 108: Request for Information Human Right
Page 109 and 110: Sponsorship-related problems: • A
Page 111 and 112: The administration has received no
Page 113 and 114: Regarding healthcare, it is well kn
Page 115 and 116: Qatari laws do not permit charging
Page 117 and 118: Qatar, which require the approval o
Page 119 and 120: 4. Asks the employer or his represe
Page 121 and 122: Regarding training, Article 99 of t
Page 123 and 124: Regarding the second question, on t
Page 125 and 126: HUMAN RIGHTS WATCH 350 Fifth Avenue
Page 127 and 128: process of writing to relevant comp
Page 129 and 130: • arrange for independent monitor
Page 131 and 132: BUILDING A BETTER WORLD CUP 126
Page 133 and 134: World Cup. We have enclosed a summa
Page 135 and 136:
deception and the disparity between
Page 137 and 138:
CH2M HILL Response to Human Rights
Page 139 and 140:
HUMAN RIGHTS WATCH 350 Fifth Avenue
Page 141 and 142:
We would like to take this opportun
Page 143 and 144:
Aspire Logistics Response to Human
Page 145 and 146:
BUILDING A BETTER WORLD CUP 140
Page 147 and 148:
construction industry as a whole an
Page 149 and 150:
• show that you have taken all po
Page 151 and 152:
BUILDING A BETTER WORLD CUP 146
show all

Download the full report - Human Rights Watch

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?