In December 2010, Qatar won the right to host the 2022 FIFA World Cup, becoming the first Arab country to host this competition.
Over the next 10 years, Qatar will expand significantly in preparing new facilities to support the hosting of this quadrennial football competition. Its bid to host the competition included commitments to build nine new top-of-the-line football stadiums equipped with cooling technology to withstand temperatures as high as 40 degrees Celsius (104 degrees Fahrenheit) in the summer months, and to build a new airport with a sail-shaped terminal and expensive transportation infrastructure. 20 billion dollars New roads and a bridge to neighboring Bahrain (the longest bridge in the world), 54 camps to host sports teams, and elegant new hotels for the public. Until the middle of 2012, a limited number of construction projects related to the World Cup had begun, and invitations to bids to win construction contracts for venues to host the 2022 World Cup began.
Behind this huge work is a huge army of expatriate workers, and the proportion of expatriate workers in Qatar is 94 percent of the total labor force in Qatar – 1.2 million out of 1.7 million people is the population of Qatar – which is the highest ratio in the world of immigrants and expatriates to citizens. Choosing Qatar to host the World Cup means that the recruitment of workers will reach unprecedented rates... The media has reported that a million will be needed An additional factor for the implementation of World Cup construction projects.
However, the hugely problematic working conditions for migrant workers across Qatar mean that Qatar's realization of the World Cup dream may depend on worker abuse and exploitation, unless adequate measures are taken to address the human rights issues pervasive in Qatar's construction industry.
This report documents the widespread exploitation and abuse of workers by employers in the construction industry in Qatar, which is the result of an inadequate legal and regulatory framework that gives employers extensive control over workers and prohibits migrant workers from enjoying their right to freedom of association and the right to organize and to bargain collectively. The report also examines the failure of the Qatari government to implement laws designed - at least on paper - to protect workers' rights. The report also examines the reasons for the occurrence of violations of workers' rights, which are often undetected, and examines the obstacles that confront workers in the process of submitting complaints or seeking redress and compensation.
Based on interviews with 73 migrant construction workers in Qatar, employers from the construction industry, government officials, diplomats and labor attachés of major labor-sending countries, journalists, academics and labor advocates, as well as correspondence with government officials and companies, the report examines the underlying factors that lead to workers being trapped in exploitative jobs, including exposure to fees. prohibitive employment, and the restrictive kafala sponsorship system that prevents workers from working From changing their jobs or leaving Qatar without the sponsor’s consent. In the worst cases, some workers described conditions amounting to forced labour. At the request of the workers we spoke to, the report did not mention the names of their employers.
While we did not focus on World Cup-related projects, most of which had not yet started at the time of this report's research, we did speak to ten expatriate workers working in World Cup-related locations. They all said they had paid exorbitant fees to join Qatar, while some said their employers withheld some of their rights by withholding salaries or forcing them to work after denying them permits to return to the country. They are, unless they pay amounts they can't afford. Their testimonies – in addition to the others included in the report – help shed light on the danger that could befall workers’ rights ahead of the wave of construction works leading up to the 2022 World Cup in Qatar, unless preventive measures are taken by the government and various parties in the private sector alike, in order to fulfill the responsibilities of everyone related to human rights.
The labor recruitment system is flawed
Hundreds of thousands of male workers - mainly from India, Nepal, Sri Lanka, Pakistan and Bangladesh - migrate to Qatar to work as low-wage laborers on construction projects. These workers, who often come from poor and destitute backgrounds, aspire to provide for their families, and to obtain stable jobs and higher wages From what they get in their country, and in some cases they come to Qatar to escape violence or instability in their country.
However, the process of recruiting workers for work is full of loopholes and defects. Expatriate workers interviewed for this report said they paid $3,651 in fees to get their jobs, which is a very large sum in their country. They also took out loans at exorbitant interest rates and mortgaged property belonging to their families to finance their trip, costs that it would take months and years of working in Qatar to repay.
While workers generally paid these fees to recruitment agencies in their countries, a World Bank study shows that Qatari recruitment agencies receive a large share of these fees in the form of hidden money transfers in order to circumvent Qatari laws, which prohibit Qatari recruitment agencies from charging fees. In other cases, where employers paid recruitment fees, workers said that some employers then deducted sums from their wages. Previous reports by Human Rights Watch in the Gulf region concluded that these fees force workers to stay in their jobs even if employers abuse their rights, resulting in workers being forced to work, as defined by international forced labor law.
Many workers said recruitment agents told them they would earn much higher wages or better jobs than they found when they arrived in Qatar. After traveling thousands of miles, they said, they had no choice but to accept the work they did not agree to do, and conditions and practices that included employers sometimes withholding salaries (usually as an insurance measure to prevent them from leaving work), illegal deductions from wages, or receiving less than promised salaries. Some said they signed contracts under coercive circumstances, while others never saw the work contract.
Workers' complaints
The workers' most frequent complaints revolve around wages, which usually range from 8 to 11 dollars for working 9 to 11 hours a day in the open and in harsh conditions. In some cases, this daily wage reached a minimum of $6.75. In many cases, This rate is lower than what the recruitment agents promised to the workers in their countries, and the workers said that these wages did not adequately cover their food expenses and the requirements for repaying the loans they had borrowed to pay the recruitment fees. In other cases, workers said they had not been paid for months. In a letter to Human Rights Watch detailing these problems, officials from the Qatari Ministry of Labor stated that the work contract may be signed inside Qatar after the worker's arrival, or in the worker's country, and that in both cases, representatives from Qatar and the labor-sending country must agree to the contract. The officials added that all contracts must include, as a minimum, the requirements of the model contract. However, the standard contract does not provide minimum wage guidelines, and in some cases where workers signed their contracts in Qatar, they said when interviewed that they had no choice but to sign, having already incurred the costs of job placement and immigration-related debts.
Workers also reported unlawful and arbitrary deductions and deductions from their wages for things such as credit card expenses, accommodation, food or health care, even though Qatari labor regulations and the standard employment contract do not specifically provide for such deductions, and some expressly prohibit them. They also reported being denied freedom of movement and limited access to health care.
Qatar's labor regulations impose high standards for labor accommodation, not allowing companies to accommodate more than four workers in a single room, prohibiting the use of bunk beds, and requiring employers to ensure the availability of potable water, air conditioning, and good ventilation in all workers' accommodations. In two-story beds, some workers said They do not have potable water in their camps. Some of them said that the air conditioners have been out of order for weeks or months without repair, despite the high temperatures, with some workers staying in rooms without windows that smell putrid.
Some workers told Human Rights Watch that they work in unhealthy conditions and sometimes in dangerous conditions, performing construction work on rooftops or on high scaffolding without safety ropes, or working in deep tunnels or inside closed pipes where there is a risk of suffocation. Hazard neutrophils based on health and safety workers in the construction industry. However, according to an analysis by the National Health Strategy, a government healthcare initiative, “work injuries are the third largest cause of accidental deaths in Qatar.” The Ministry of Labor notified Human Rights Watch that only six workers had died from work-related accidents during the past three years, and that all of the deaths were caused by falls. However, this data is in sharp contrast to the information we received from the embassies of labor-sending countries, which indicate much higher mortality rates. For example, the Embassy of Nepal reported to local media that 191 Nepalese workers came to Qatar in 2010, and 19 of them died from workplace accidents. Another 103 workers died from heart attacks, even though the workers are not in the age group usually at risk of heart attacks.
Meanwhile, Qatar's restrictive sponsorship law, Law No. 14 of 2004 (the Sponsorship Law), leaves workers under the control of their employers with semi-absolute sponsors. Employers retain the power to revoke workers’ visas and register them as “absconders,” subjecting them to detention and deportation, and employers can deny them the exit permits required to leave the country. Coupled with this is the almost universal practice of passport confiscation, intended primarily to dissuade workers from the idea of leaving jobs without permission, workers say they do not feel free to leave if they want, even if they are not paid. Employers pay them for months. These means of control led to workers' fear of exercising their rights, and of reporting employers' violations of their rights.
While the Sponsorship Law requires sponsors to issue work permits for workers in their custody, many workers said that their employers did not complete the work permit procedures and did not give them their residency cards. Employers' failure to complete the necessary formalities, or their unwillingness to pay related fees, exposes migrant workers to arrest and deportation as illegal residents of Qatar.
Inadequate remedies and compensation
Inadequate monitoring and coverage mechanisms for workers' rights allow violations of workers' rights and sponsorship laws to continue. Qatar employs no more than 150 labor inspectors to monitor the conditions of 1.2 million workers. According to Ministry of Labor officials, none of the inspectors speak languages used by workers in Qatar, and inspections do not include interviews with workers. Officials told Human Rights Watch that while inspectors monitor housing conditions, wage problems, labor contracts, and working hours, they do so only through site visits and company checks.
Without interviewing the workers, the inspectors could not accurately assess whether the workers kept their labor contracts or passports, if they paid illegal recruitment fees, if they were paid or worked no more than the hours stipulated in their contracts, or if they were subjected to deception, threats, or forced labor conditions. While in Qatar there is a hotline to receive workers' complaints, the hotline can only receive complaints in Arabic and English, which makes this mechanism for reporting complaints practically unavailable to most low-wage workers.
The workers interviewed said that their fear of losing their jobs and deportation prevents them from using many of the available mechanisms through which workers can claim their rights in Qatar. Workers can seek the assistance of the Ministry of Labor's Complaints Department, where the government adjudicates disputes between workers and sponsoring employers. Workers' rights advocates told Human Rights Watch that the complaints department did resolve many complaints, but workers wishing to seek help from it must be prepared to end the employment relationship and support themselves while waiting for the matter to be resolved. Workers who resorted to the complaints department stopped receiving their salaries and could no longer live in the company's camps after their employers received notice of the complaint, the workers said.
While the director of the complaints department told Human Rights Watch that the department has settled 80 percent of workers' complaints, the department has not published data on the results of complaints settlement, nor does it publish decisions in various individual cases. This means that it is still not clear if the workers receive the right to full return to work or fair compensation, or if they waive their rights during the dispute resolution process. In response to a request from Human Rights Watch, Ministry of Labor officials provided the exact number of complaints received and how many of them were referred to civil courts, but did not provide information on the types of disputes resolved or the number of cases in which employees received compensation.
Embassy officials and labor advocates have reported that workers who wish to complain and who are unable to resolve their grievances through the complaints department through the embassies’ mediation attempts, choose to waive their rights rather than bring cases against their employers, which may mean months or years before results are reached. They have to resort to the courts to adjudicate their complaints.
According to data from the Ministry of Labor provided to Human Rights Watch, while the Labor Complaints Department referred 1,279 cases to Qatari courts in the last three years, only 100 cases, less than eight percent of the total, witnessed a change of sponsor, even though the Qatari sponsorship law requires a change of sponsor in the event of an unresolved case between the employer and the worker. This means that in 92 percent of the cases, workers who filed complaints had no choice but to continue working for their employers while their case against the employers was pending, or to waive their rights and leave Qatar.
While the sponsorship system also allows changing sponsors in the event of abuse, the Qatari National Human Rights Committee, which examines hundreds of labor complaints, reported that the ministry rejected 80 percent of requests to change sponsors, although the committee reviewed worker cases, and in each case concluded that there were strong reasons to change the sponsor.
Qatari Laws
Qatar's current labor law, enacted in 2004, provides some strong protections. It imposes maximum weekly working hours, provides for weekly paid leave, end-of-service gratuity, and has health and safety provisions for workers. The law requires employers to pay workers’ salaries on time each month and prohibits recruitment agents registered in Qatar from imposing fees on workers. It also prohibits employers from confiscating workers’ passports, sets strict requirements regarding workers’ residence and accommodation, and prohibits working during the day in the hot summer months.
Qatar, a member state of the International Labor Organization since 1972, has ratified conventions to protect workers from forced labor, labor discrimination, and prohibit child labor. In 2009 the government ratified the UN Human Trafficking Protocol, and in October 2011 passed domestic legislation criminalizing human trafficking and punishing managers of companies whose business involves human trafficking.
However, insufficient implementation and oversight of the existing provisions of the law means that they are rarely translated into actual measures to protect workers, and that employers can choose from among the available protection measures, with relative impunity in the event of violating some provisions of the law. In a letter to Human Rights Watch from the Qatari Ministry of Labor, it was stated that "The Ministry has not received complaints of forced labor and it is inconceivable that such a thing exists in Qatar, since the worker has the right to terminate his contract and return to his country whenever he wants, and the employer cannot force him to stay in Qatar against his desire." Workers who owe thousands of dollars in joining fees, are unable to change employers, and do not have their passports are in fact at risk of forced labor conditions, as defined by international law.
In other cases, Qatari laws themselves facilitate abuse and prevent workers from effectively defending their interests. Qatar has not signed important international covenants on human rights, including the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights. There is no minimum wage in Qatar, and while the labor law allows Qatari workers to work in unions, it prohibits expatriate workers from joining unions. In the presence of this distinction, the law discriminates against migrant workers in violation of international law. It is impossible under Qatari law for workers involved in the construction of the World Cup to bargain collectively and demand better protections, as workers in South Africa and Brazil – the host countries of the 2010 and 2014 World Cups – did, receiving pay increases and better legal health and safety provisions.
The labor law also does not require public disclosure of workplace injuries and deaths, or stipulates that employers should bear responsibility for the recruitment fees paid by workers, while the sponsorship system prevents workers from changing employers whenever they want, allowing this option only to workers who file complaints related to exposure to abuse.
Necessary Steps
The Government of Qatar
Without immediate and major reforms, the migrant workers who will work on the construction of the 2022 World Cup will remain in great danger. Qatar Organizing Committee for the World Cup, Supreme Committee for Qatar 2022 The supervisor and coordinator of the responsibilities for the construction of the World Cup “aims to achieve the best conditions for the organization and completion of the 2022 World Cup,” according to the Emiri decision to establish the committee. According to Resolution 27 of 2011, the tasks of the Supreme Committee include working to create "a conducive environment for the organization and completion of the 2022 World Cup in all legal, organizational, urban, social and economic aspects." The Secretary General of the Committee, Hassan Al Thawadi, said on January 17, 2012 at Carnegie Mellon University in Qatar that there are some labor problems in Qatar, but Qatar is committed to reform, and we will The contractors demanded that a provision be put in place to ensure that international standards of workers' rights were met.
Obtaining contractual guarantees of workers' rights could be an important and positive first step in ensuring better protections, if the provisions of these contracts are comprehensive, enforceable, and fully protect the internationally recognized basic rights of workers. For example, clauses of this type should address the serious problems associated with recruitment fees and the confiscation of workers' passports and other identity papers. However, for the government to adequately protect the rights of migrant workers, there is a need for legal and policy reforms not mentioned. In May 2012, Qatari media quoted the Undersecretary of the Ministry of Labor, Hussein al-Mulla, as saying that the government was looking into establishing a Qatari committee to defend workers' rights, and that the government would replace the sponsorship system with a "contract between the employer and the worker." However, it is not mentioned that the council (and the decision-making entity) in any labor committee will be limited to Qatari citizens, and that foreign workers will only be allowed to vote in the election of members of the council. While comments about the government's willingness to reform the sponsorship system are a welcome sign, there does not appear to be a clear timetable for these reforms, and it is not clear that they will be implemented before the start of the massive construction projects for the World Cup. The proposal of the elected body to defend the rights of workers is far less than the requirements of the international labor rights law, related to freedom of association, which includes the right of workers to organize freely without interference or discrimination imposed by the government, as well as stipulating their right to strike.
If the Qatari government wants to avoid violations of human rights during the construction of world-class football stadiums, and the implementation of ambitious plans for means of transportation and luxury hotels, in light of the limited time frame available, it must take the necessary steps to effectively implement the laws that protect the rights of workers currently applied in Qatar, and to amend the laws so that they become consistent with international standards of human and labor rights, specifically, Allow migrant workers to exercise their rights to freedom of association and to bargain collectively.
The government must take steps to ensure that workers receive complete and accurate information about their jobs and salaries before they leave their country for Qatar. The Labor Law must be amended to stipulate that employers - and not workers - are the ones who pay all recruitment expenses and work visa fees, with evidence of their carrying out these responsibilities.
Qatar should firmly enforce the ban on passport confiscation, cancel exit visas, and allow workers to change jobs without the sponsor's consent. It should monitor work sites, including interviewing workers, to ensure that existing labor laws are being applied, and publish data on worker injuries and deaths. Employers found to have violated workers' rights should receive penalties commensurate with the severity of the violations, and designed to prevent recurrence of abuses, including compensation for workers who have paid recruitment fees.
If Qatar ensures the existence of effective investigation and prosecution mechanisms for violations of the Labor Law, it will provide stronger guarantees of protection for migrant workers. But the continued application of other laws and practices, such as the sponsorship law, and the failure to address practices of recruitment fees and passport confiscation, Qatar continues to facilitate abusive working conditions that in some cases amount to forced labour.
FIFA
In response to pressure from international trade unions, FIFA—soccer's governing body—made public commitments on workers' rights, including the rights of migrant workers who will build football stadiums and accommodation facilities for Qatar 2022. In November 2011 After a meeting with the International Trade Union Confederation, FIFA Secretary General Jerome Valcke stated that "FIFA supports respect for human rights and the application of international standards of behaviour, as a principle and as part of all our activities". He said that FIFA and the Confederation would "work over the coming months to address labor issues with the Qatari authorities". Valcke also noted that FIFA "has agreed to add labor criteria to which bids to host the World Cup must be met from now on." In addition, FIFA's CSR commitments include using its influence to help make a "positive impact" through football.
Written by Human Rights Watch to FIFA on May 10, 2012 to ask what steps FIFA has taken or intends to take to uphold its human rights commitments. We also encouraged FIFA to use its influence to help ensure a positive impact of the 2022 World Cup in Qatar, by addressing labor rights issues, for example by monitoring compliance with international labor standards in contracts and projects related to World Cup construction. FIFA was unable to respond to the letter until the date of publication of this report.
Companies
At the time of writing, a small group of mega projects worth a hundred billion dollars had begun. It had started some infrastructure projects related to Qatar's World Cup preparations, including a high-speed rail network, a metro, a highway linking Qatar to Bahrain, and the completion of the new Doha International Airport. In addition, during the first half of 2012, the World Cup's organizing committee, the Supreme Committee for Qatar 2022, began issuing invitations for bids for contracts related to the World Cup competition and training camps. This Supreme Committee, which oversees the construction of the World Cup and has responsibilities for coordinating it, has awarded the contract to manage the 2022 World Cup program to an American company, CH2MHILL, to help supervise the construction of the 2022 World Cup facilities.
Letters sent by Human Rights Watch to the SC and to CH2MHILL on May 11, 2011, asking how the parties can ensure that all public and private entities in construction related to the 2022 World Cup will fully respect human rights, including workers’ rights, while adhering to human rights protection measures implemented by the Qatari government, and observing the principle of corporate and sectoral responsibility Acting on respect for human rights. CH2MHILL's policies and the public statement issued by the Secretary General of the Supreme Committee included measures to protect human rights. Human Rights Watch sought details of how these commitments would be implemented, including contracting requirements for World Cup construction, and a clear, public pledge to take some concrete action to prevent, mitigate, and remedy worker rights abuses that are prevalent in Qatar and may recur in World Cup construction. In response to the letters, the Supreme Committee informed us that it aims to ensure working conditions that meet or exceed international standards, and that under its strategic plan – with a three-year time frame – it has pledged to improve conditions for construction workers in general as well as to establish minimum standards for workers participating in the World Cup, in matters such as wages and health and safety. The Supreme Committee added that it had already started the process of drafting employee rights policies and workers' rights pledges that companies used to implement World Cup contracts are required to fulfill, and said that it hopes that this initiative will serve as a catalyst that accelerates the wheel of positive change. They are mentioned and explained in detail in this report.
CH2MHILL, in its response, stressed its strong commitment to respecting and protecting the human rights of workers, as reflected in the company's work principles and ethics, which include "zero tolerance for the use of forced labor or any other human trafficking practices". Qatar. However, the company focused on construction projects Directly supervised by its customers are projects related to competitions and other sports-related facilities, and work has not yet begun, and its obligations are to establish labor standards related to these sites. It was not made clear in the company's response what procedures, if any, the Supreme Committee applies with regard to World Cup construction projects, in which the company plays the role of coordinator, even though Human Rights Watch's letter included questions about this and other issues. Nor did the company comment on the recommendation that it publicly undertake to address the various labor rights issues mentioned in our report.
In addition, Human Rights Watch contacted companies with responsibilities for managing construction related to World Cup sites, where workers alleged abuses described in this report occurred at the Aspire Zone and at the new Doha International Airport. Human Rights Watch shared with the companies the alleged abuses, which were reported by workers who said they were employed by contractors working at these sites, or by recruitment agencies, rather than directly under the companies' supervision. We invited the companies to provide responses and sought commitments from them on labor protections.
Aspire Logistics, which manages Aspirezone, has stated that it has included clauses to protect the rights of workers in contracts, and that it uses an outside project manager to monitor the compliance of contractors and subcontractors with the implementation of these provisions, and that any violations by contractors will result in penalties or legal penalties. However, the company said that it has no legal control over the actions of the subcontractors, whom it has determined may abuse the rights of workers. To address such cases, Aspire Logistics has undertaken to prepare a list of approved subcontractors after reviewing them to determine that they comply with Qatari laws and the requirements of the Aspire Zone together.
While such audits may be useful in avoiding the use of subcontractors with a poor record of respecting workers' rights, they are not sufficient to hold accountable for abuses. For full accountability, Aspire should penalize any contractors found to have used subcontractors abusing workers' rights, and terminate contracts with those found to be repeating this. Regarding the larger set of issues Human Rights Watch documents in this report, Aspire Logistics said it will take those issues and recommendations into consideration. It also pledged to organize workshops to educate workers of their rights under the Qatari labor law. The company - which stressed that it follows Qatari laws carefully - said that it complied with the requirements for compensation of fees, with regard to employees employed from Qatar, but the company acknowledged that this requirement does not cover workers from other countries.
Bechtel responded, describing its role as a project manager for the new Doha airport, which includes the management of contractors and subcontractors, including by establishing labor rights standards and following up on contractual obligations related to working conditions, housing, and health and safety, among other issues. The company mentioned two labor disputes that it said had been signed since the company's contract began in 2004. Bechtel said it used a "proactive approach" that included mediation in settling the disputes. The company stressed worker safety and said its training in this regard helped ensure a low accident rate at the airport construction site. Regarding allegations of confiscation of passports, illegal deduction of salaries or deception during the recruitment process raised by construction workers at the airport employed by labor recruitment companies, the company said: “We do not claim to have all the answers, but we continue to strive to make a difference in the areas where we believe we will have the greatest impact.” Passports - fall into this category. Although the company said it felt the airport project "was commendable for our [the company's] efforts to achieve positive working conditions," it did not object to Human Rights Watch's recommendation that it publicly undertake various measures to address labor rights issues, including arranging for independent monitoring of working conditions on projects under its supervision, and issuing public reports on the results of monitoring.
Human Rights Watch contacted these companies and entities whose activities are specifically discussed in this report, but the issues raised here relate to a wide range of actors in the public and private sectors. In light of our research documenting the prevalence of abusive conditions for workers in Qatar's construction industry, Human Rights Watch strongly encourages all companies in this industry to publicly pledge to respect the rights of all workers involved in their projects, and to take concrete measures to avoid, mitigate, and remedy abuse. Workers' rights. Specific actions that we recommend include the movement of companies in the construction sector in Qatar In order to comply with Qatari law and international labor rights standards, including contractors and subcontractors involved in the construction of World Cup-related facilities, they must specifically agree to: take all feasible steps to ensure that no worker pays a fee in connection with their recruitment, and to compensate workers who pay such fees in breach of Qatari laws, including if the fee was paid to labor agents or Other intermediaries.. Absolute prohibition to keep passports Travel of workers or any identification papers belonging to them, including by sub-contractors or intermediaries, and ensure the availability of safe storage facilities in which workers can place and access these documents.. Ensure that all workers have access to signed and valid employment contracts in a language they understand before they travel to Qatar.
All parties must also agree to ensure that wages are paid to workers in full on their due dates, starting from the first month of work, and to pay wages into bank accounts at intervals not exceeding one month, and to ensure that housing facilities are suitable for all workers in accordance with national and international standards, and to provide guarantees that the parties will respect the rights of workers to freedom of association and collective bargaining, with the addition of provisions to this effect in the workers' employment contracts. Finally, all parties must arrange mechanisms Independent monitoring of the conditions of workers working on their projects or under projects Oversee them, with public reports on worker conditions, including worker injuries and deaths, in order to effectively monitor working conditions at World Cup sites, and to ensure that the World Cup does not depend on worker abuse or exploitation.
Human Rights Watch researched this report in May-June 2011. We conducted extensive interviews with 73 construction workers, the category whose conditions this report is concerned with, and 11 other low-income workers for comparison. We also conducted three other group interviews with construction workers, and the workers talked about their migration procedures to Qatar, including the information provided to them before migration and the conditions they found upon their arrival, and they talked about all the problems they faced in their current work, and all attempts to seek compensation.
We met random workers in public places where they gather, in their workplaces, in labor camps, and in front of the government labor complaints department. Human Rights Watch also sought to conduct interviews in public places in Doha's industrial area where workers congregate, downtown Doha, and Al Khor. We visited six labor camps in the industrial area of Doha (which has the largest concentration of labor camps in the country) and Al Khor (a town about 50 kilometers north of Doha that has several other labor camps). Because the workers live, work, and congregate in overcrowded areas with no private space available, Human Rights Watch was unable to conduct individual interviews in private settings. But we met lone workers in many other places, at different times, working for different employers. Despite all these differences, the workers reported very similar forms of abuse. Human Rights Watch interviewed the workers in Hindi, Nepali, Tamil, and Urdu with the help of translators who spoke these languages.
Many of the workers we interviewed expressed fears of losing their jobs and immigration status if their employers discovered that they had spoken out about their working conditions. We interviewed these people on the condition that we not use their names, and many of them asked us not to mention the name of the company in which they work. These demands reflect the degree of control employers impose on workers, and the workers' fears of retaliation and abuse if they try to exercise their rights.
Human Rights Watch also interviewed three business owners, a recruitment agent, and two labor camp monitors. In addition, we met with members of local organizations and charities working to provide migrants with food and housing, assistance in filing complaints, and tickets to return to their countries. We also spoke with representatives of the Qatar National Human Rights Committee, a government-funded human rights organization in Doha, and We met a legal counselor who provides legal aid to immigrants who are looking for help.
Human Rights Watch also met with representatives of the Ministry of Labor in Doha, and spoke with the Minister of Labor and Social Affairs, whom she met in Geneva, and with diplomats and employees of the labor departments of the embassies of four countries that send workers to Qatar. While some embassy officials spoke openly, others agreed to be interviewed on the condition that Human Rights Watch not mention their names and their embassies in this report. We did not name any of the embassies we visited in this report because the identities of the people who requested it were not disclosed.
We also met four professors and academic researchers who conducted research on the conditions of migrant workers in Qatar, and two journalists who worked on this topic, and reviewed relevant academic studies, materials and news reports published by non-governmental organizations and international institutions. The total number of interviews we conducted was 114.
Finally, we sent letters summarizing the search results, requesting an official response and details of a range of inquiries, from the Qatari government, from FIFA, and from the companies mentioned in our report. We have added our correspondence with all of these parties to the appendix to the report, and we have mentioned the relevant parts of these responses in the body of the report.
Qatar is a Gulf country on the border with the Kingdom of Saudi Arabia. It is the richest country in the world in terms of per capita national income, [1] and ranks third in the world in proven reserves of natural gas and ranked 12th in proven reserves of oil.[2] 55 thousand. [3]
The Qatari system of government is a constitutional monarchy, and it has been governed by the Al-Thani family since the mid-nineteenth century, initially under British protection and then as an independent state since 1971.[4]The current Emir, Sheikh Hamad bin Khalifa Al-Thani, has ruled the country since 1995 after he overthrew the previous Emir.[5]The Emir is the head of the executive authority in the state, in addition to a Shura Council that consists of It consists of 35 appointed members and performs legislative functions. [6] While the constitution provides for a Shura Council consisting of 45 members, including 30 elected deputies, the Emir postponed the elections that were scheduled for the year 2010 to 2013. [7] The government has not held any national government elections since 1970. [8] Currently, Qatari citizens are entitled to vote only in municipal elections, Local government representatives have limited powers.[9]
Due to the large natural resources that Qatar abounds in and the small number of the Qatari population, the state provides almost unparalleled privileges to its citizens. Citizens enjoy free education at all levels, free health care, guaranteed employment, and many other government privileges.[10]
The immigrant population in Qatar and the construction sector
Qatar has the highest ratio of immigrants to the population in the world. [11] The number of immigrant workers is 1.2 million, which equals 94% of the total labor force, and most of them come from India, Bangladesh, Sri Lanka and the Philippines, and work mainly In the areas of construction, services and domestic work.[12]
Migrant workers come to Qatar because of the lack of stable work opportunities in their countries, or because they believe that they can earn more money by working abroad. Many of them leave families behind who depend on them for their needs. Muhammad K., 27, from Bangladesh, told Human Rights Watch that he came to work in Qatar to support his family, adding, "We are a very poor family, and we need money."[13] He worked in other countries.”[14] Some workers migrated because they saw people from their relatives or acquaintances saving some money because they worked in the Middle East. Rishi S. said, "Every friend (of mine) who travels abroad earns money, so I decided to come here."[15] Others emigrated to escape instability in their countries. Pradeep R., a Sri Lankan laborer in Mangafna, said: "The main reason I migrated was the desire to flee. There was a war in Sri Lanka, so I couldn't go back."
Workers' remittances from abroad represent a major source of income in their countries. Among countries with large numbers of workers in Qatar, remittances from workers working abroad amounted to 23.8 percent of GDP in Nepal in 2010, 12.3 percent in the Philippines, 11.8 percent in Bangladesh, 8.6 percent in Sri Lanka, and 3.6 percent in India. [16]
At the same time, the influx of migrant workers led to a significant development in the construction field in Qatar. According to the 2010 census data, the percentage of workers in the construction field in Qatar reached 47 percent of the total number of male migrant workers in 2010, which made it the largest employment field in the country. [17] In 2009, the construction sector achieved one of the highest growth rates in the region with a number of ambitious projects throughout the country. across the country. [18] N. said. K., a journalist born in Doha and an expatriate who reports on migrant workers in the country: “All the focus in Qatar today is on the construction field.”[19]
Winning the 2022 FIFA World Cup
On December 2, 2010, FIFA voted by secret ballot in favor of Qatar to host the 2022 FIFA World Cup, becoming the first Arab country to host this event.[20] Winning the World Cup will result in greater growth for the construction sector in the country. However, few international media have paid attention to the possibility of widespread human rights violations against construction and infrastructure workers in the sites that will host the event nearly ten years from now. [21] Some expectations indicate that Qatar will spend one hundred billion dollars in the next five years on infrastructure projects for the World Cup. [22]
The planned projects include an investment of three billion dollars to build nine standard stadiums, renovate three other stadiums, invest twenty billion dollars to improve and expand roads, four billion dollars to construct a bridge linking Qatar to Bahrain, and 25 billion dollars to establish a high-speed rail network. Planning to host the World Cup also includes building 80,000 hotel rooms to accommodate the fans accompanying the teams.[23]
The World Cup and Human Rights
Although the projects that Qatar will establish will require the recruitment of hundreds of thousands of migrant workers in a short period of time, the government has reported vague indications of how it plans to improve human rights conditions for workers. In January 2012, Secretary General of the Supreme Committee for Qatar 2022, Hassan al-Thawadi, stated that: “There are labor-related problems in the country, but Qatar is committed to reform. We will demand that contractors impose a clause in contracts to ensure that international standards of workers’ rights are met.”[24] In May 2012, Qatari media quoted the Undersecretary of the Ministry of Labor, Hussein al-Mulla, as saying that the government was looking into establishing a committee. workers to defend the rights of workers. However, it is not mentioned that expatriate workers cannot be elected to the committee: “The draft decision of the committee … stipulates that it will be composed of Qatari members. This offer falls far short of the requirements of international labor law for freedom of association, which demand that workers be allowed to organize and choose their own representatives without government interference or discrimination. Al-Mulla added, “The sponsorship system will be replaced by a contract signed between the two parties,” and that “the contract will stipulate the rights and duties of each party, and the contract will impose matters on the expatriates to respect.”[26] However, it remains unclear how this contractual system can replace the immigration regulations that currently form the basis of the sponsorship system, and which link the worker’s residency in Qatar to a specific employer. Also, there is no information about the timetable for abolishing the sponsorship system.
Other government representatives denied that the planned projects would have any impact on the labor sector. “Our plan is not to have a large number of workers at one time, and it will be done in stages,” Nasser al-Hamidi, Minister of Social Affairs and Acting Minister of Labor, told Human Rights Watch in June 2011. “I would like to confirm that the work will be temporary. The workers will leave the country as soon as their work ends.”[28]
Muhammad al-Obaidli, director of the Legal Affairs Department at the Ministry of Labor, said during a meeting with Human Rights Watch: “There will not be a large influx [of workers] at one time.”[29] He added, “The workers will come to work on certain projects, for specific periods of time. And when the work ends, they will return directly to their countries.”[29] [30] However, estimates indicate that the number of additional workers who will work in the World Cup projects and related infrastructure will range between 500 thousand and more than a million workers. [31]
Previous World Cups have proven to be an opportunity for trade unions and trade unions to seek progress on workers' rights in host countries. In October 2007, in preparation for the 2010 World Cup, construction workers' unions in South Africa launched a campaign calling for "decent working conditions" and stronger protections for workers' rights. [32] They made some progress on issues including recruiting workers, negotiating new agreements and bonuses from employers, and increasing union membership. The workers were promised to force the subcontractors to fulfill their obligation to pay the local minimum wage, and they won the right to elect health and safety representatives. In response to the campaign, FIFA President Joseph Blatter promised to talk about workers' rights with the South African government and with the local organizing committee for FIFA competitions in South Africa.[33]
In May 2010, union representatives in Brazil launched the “Decent Work in the World Cup” campaign, and in August 2011, construction workers at the Marachana stadium in Brazil, which is among the venues for the 2014 World Cup, went on strike for 4 days after an explosion seriously injured a site worker.[34] The workers got a plan. Better health, among other perks.[35]
However, Qatari laws deprive construction workers of a basic right for workers, which is the freedom to form associations and the right to collective bargaining, which means that this option is excluded in principle. This makes it all the more important for FIFA and public and private entities in the preparations for the Qatar World Cup to take appropriate steps to ensure respect for workers' rights, especially given Qatar's failure to enforce bans on illegal practices, such as confiscation of passports, workers paying recruitment fees, imposing a minimum wage, banning migrant workers in unions and strikes, and restrictive sponsorship laws that leave workers in many situations It is described as modern-day slavery. [36] The Qatari government has a principled obligation to protect human rights. , including workers' rights, but various parties in the business sector have a responsibility to respect human rights and avoid complicity or involvement in abuses.
Letters sent by Human Rights Watch in early May 2012 to FIFA, the Qatar 2022 Supreme Committee, and CH2M Hill, the company that won the construction assistance contract, summarized the findings of the report and requested information on steps to be taken to address labor rights issues, particularly in light of the explicit labor rights commitments made by each of these entities.
In response to the letters, the Supreme Committee notified us that it aims to ensure working conditions for workers that meet or exceed international standards, and that it has pledged, under a three-year strategic plan, to improve conditions for construction workers in general, as well as to establish minimum standards for workers participating in the World Cup, in connection with issues such as payment of wages and health and safety. The Supreme Committee added that it had already begun the process of drafting employee rights policies and defining obligations related to workers' rights, which it would require companies used to implement World Cup contracts to adhere to, and said it hoped to use this initiative as a catalyst that accelerates positive change.[37]
CH2M Hill's response highlighted the company's strong commitment to respecting and protecting the human rights of workers, as reflected in its code of ethics and principles, and includes "zero tolerance for the use of forced labor or any other human trafficking practices". The company focused on The construction projects that are directly supervised by its clients are projects related to competitions and other sports-related facilities, and work on them has not yet begun, and their obligations are to establish labor standards related to these sites.[38]
These responses are welcome, but they do not provide for clear, concrete, and public commitments, such as those sought by Human Rights Watch, to ensure respect for workers' rights and to avoid the abusive conditions that many in Qatar face. In addition, the responses focused mainly on the role of the Supreme Committee with regard to contracts for venues that will witness World Cup matches and other sports facilities under its direct supervision, without clarifying whether it would seek to add procedures to contracts for World Cup construction projects in which it plays the role of coordinator, such as infrastructure and hotels.
Qatari Law
Law No. 4 of 2009 regulates the entry and exit of expatriates and their residence and sponsorship (the Sponsorship Law), and Law No. 14 of 2004 regulates work in the private sector (the Labor Law), and the texts adopted to implement the provisions of these laws regulate most of the issues related to expatriate workers in Qatar. On the face of it, Qatar’s labor law provides strong protections for workers, but there are loopholes and weaknesses in it, including the lack of a minimum wage, its prohibition of union work or collective bargaining for migrant workers, and the complete exclusion of domestic workers. A departure from their sponsors before leaving the country [40]Because workers are deprived of their rights to choose their work freely and terminate it legally when the employer does not respect their rights, and their right to union work and strike, migrant workers lack the necessary means to protect their rights.
On October 24, Qatar issued Law No. 15 of 2011 on combating human trafficking, a step that could mean progress for migrant workers if implemented in accordance with international standards. [41] The new law stipulates a prison sentence of up to 15 years, and a fine of up to 300,000 riyals ($82,384), for crimes related to human trafficking between countries. [42] This law uses the internationally recognized concept of human trafficking, as set out in the United Nations Human Trafficking Protocol (Palermo Protocol), and criminalizes forced labour, slavery or practices similar to slavery or servitude with the use of force or violence, the threat thereof or deception. [43] The penalties stipulated in Qatar’s Penal Code, Law No. 11 of 2004, specify Imprisonment not exceeding six months and a maximum fine of 3,000 riyals (824 US dollars) for the perpetrator. These crimes. [44] These penalties did not reflect the seriousness of the aforementioned crimes, and the Penal Code stipulated the same penalties for crimes of public drunkenness and uttering immoral words... in a public place. [45] Therefore, the new law to combat human trafficking may be considered an important progress in the rights of workers, but it remains conditional on the state’s commitment to implement its provisions properly. If these provisions are not implemented as required, which is what Human Rights Watch has concluded with regard to the protections provided by the current Labor Law and the Sponsorship Law, the new law will not greatly improve the situation of workers.
Labor Law
Law No. 14 of 2004, Qatar's Labor Law, sets minimum limits for the rights of workers in the private sector, although it excludes domestic workers. [46] The law sets the maximum number of working hours at 48 hours per week (after that, overtime hours must be calculated) It provides for granting workers annual paid leave of one month, and determines financial dues upon termination of work. [47] This law was the largest amendment to the Labor Law since 1962. [48]
The Labor Law also defines the conditions that must be met by workers and business owners in order to obtain work permits. The law stipulates that non-Qatari workers must obtain work permits issued by the Ministry of Labor, which are valid for a maximum of five years. [49] Workers must undergo a government medical examination and obtain a security clearance from the Ministry of Interior before obtaining work permits. [50] The Ministry of Labor revokes work permits if workers work for employers other than those sponsoring them, or if they leave for a reason other than the ones stipulated. The law. [51] The sixth chapter of this report discusses the effects of these laws on workers’ freedom of movement and obtaining compensation.
The labor law also sets conditions for hiring workers, and stipulates that employers must recruit workers through an authorized recruitment agent, or obtain the approval of the Ministry of Labor directly. [52] In practice, although some of the workers Human Rights Watch interviewed said they came through recruitment agencies, others said they got jobs through acquaintances in Qatar. And they never contacted the recruitment agencies (attachment to work). Article 33 of the Labor Law prohibits those licensed to recruit workers from imposing financial fees on workers in connection with their employment, and states that “a person licensed to recruit workers from abroad for a third party is prohibited from doing the following: 1. To collect from the recruited worker any amounts as fees, recruitment expenses, or other costs.”[53] Violators of this legal provision will be criminalized and face a fine between 2000 and 6 000 Qatari riyals (between $549 and $1,648), or a prison sentence of up to one month, or both. [54] In addition, the violation may result in a court order closing down the Qatari recruitment agency and revoking its work permit. [55] But the law does little to protect workers from exorbitant recruitment fees that most workers actually pay. Moreover, the law does not stipulate that sponsoring employers bear the fees. and recruitment costs, and does not address the problem of Qatari business owners or recruitment agents who deal with foreign agents to charge workers fees.
In response to a request for additional information sent to Qatari ministries and officials, the Ministry of Labor stated that “The Labor Law (14 of 2004) and the ministerial decisions issued accordingly strictly prohibit any employer or recruitment office from receiving any fees or commissions for recruiting workers to Qatar. The Ministry of Labor strictly enforces these provisions, and this work is considered human trafficking, which is prohibited by law. Complaint from any worker asked him His employer must cover himself the expenses and fees for his recruitment.”[56] The letter added, “If the Ministry receives a complaint that a worker has paid these fees, it withdraws the licenses and demands that the violator compensate the worker, whether it is an employer or a recruitment office.”[57]
However, the absence of formal complaints means that there is no evidence that workers do not pay these fees, given the many obstacles and deterrent factors facing those who file complaints. In fact, almost all the workers Human Rights Watch interviewed agreed that they had paid recruitment fees to agents in their home countries before finding jobs in Qatar, regardless of whether they migrated afterwards through recruitment agents or through their acquaintances. own there.shouldn't The government relies on workers' complaints to enforce laws that prohibit the imposition of recruitment fees, or any laws designed to protect workers' rights. Migrant construction workers are in a particularly vulnerable position, with no access to legal protection given barriers of language and knowledge and the fact that they may be subject to retaliation from their employers, who control their ability to remain in Qatar. As indicated by the government, 92% of workers who submitted complaints were forced to continue working for the same employer while reviewing their complaints and before adjudicating them. The government should investigate the question of the extent to which employers comply with the laws and impose penalties for non-compliance.
The officials of the Ministry of Labor added, in a letter to Human Rights Watch, that “with regard to the collection of fees by some recruitment agencies in labor-sending countries, this matter is happening because it is outside the control of the Qatari Ministry of Labor, although the Ministry is working to limit this issue, as it demands the governments of these countries to provide the Qatari government with the names of licensed labor recruitment offices authorized to work, in order to direct employers to deal with them. And through the meetings of the joint committees with these countries, Omen through its embassies in Doha.” And while these efforts deserve credit, they are not enough. The government should require employers to seek official statements from overseas labor recruitment agencies and from workers before they leave their home countries, attesting to whether they have been asked or paid these fees. It should also demand that employers compensate workers who have paid recruitment fees. Finally, it should actively investigate the role of Qatari agencies and their relationship with recruitment agencies in labor-sending countries, including the degree to which they may secretly solicit fees from workers, as some studies show.[58]
Section VII of this report discusses problems related to usage procedures in greater depth.
Laws related to health and safety stipulate that employers provide safety equipment for workers and inform them of the risks involved in the work they do, provide first aid equipment, a full-time nurse for companies with more than 100 employees, and a sanatorium with a doctor and a nurse for companies with more than 500 workers. [59] The law also requires employers to report work accidents and injuries. and death cases with the police or the Ministry of Labor. [60 [However, Qatar does not publicly release data on injuries and deaths in the workplace.
Human Rights Watch sent a letter on September 27, 2011 to the Qatari government requesting data on the number of injuries and deaths reported on construction sites in the past three years. In its response, the Ministry of Labor said that "Over the past three years, there have been no more than five deaths of workers, and the causes are falls." This number is much lower than the annual number of worker deaths revealed by the embassy of one country sending labor to Qatar, in Doha. While the response added that officials provided information about worker injuries in the appendix, the letter did not include an appendix, and Human Rights Watch's requests for detailed data did not result in additional information being sent. [61] Chapter Seven of this report discusses health and safety issues in greater detail. Human Rights Watch called on the government to publicly disclose all data and information on worker deaths and injuries, including the causes and locations of death.
The Labor Law and accompanying laws provide some strong and specific guarantees to protect workers, including exempting workers from any judicial fees when filing work-related lawsuits. The law also provides for health care requirements, end-of-service benefits, and annual leave, and determines the amount that employers deduct from workers’ salaries. [62] The law also gives workers the right to terminate employment, but only for specific reasons, and requires them to follow administrative procedures. To inform the government and obtain its approval first, and the workers are also given full remuneration if the owner does not comply Fulfilling the obligations stipulated in the work contract, or endangering the worker’s health, or assaulting him, does not adhere to the terms of the contract.[63] However, many workers do not enjoy these legal provisions due to lack of monitoring and poor implementation. Chapter Seven of this report deals with these problems in greater depth.
Even on the surface, the Labor Code does not provide some basic protections. The Qatari labor law and any supplementary regulations impose a minimum term for workers in Qatar. [64] Low wages and inaccurate information on wages were almost the main complaints that workers revealed during their interviews for this report, and Chapter Seven describes these problems in depth. Even the basic living expenses and loan installments they took to pay recruitment fees. While not International law provides for a minimum wage. This measure provides workers with clear information about the minimum wage they can expect from their employers before they migrate. Imposing minimum wage legislation can remedy some of the worst cases of deception and exploitation that lead to cases of human trafficking. Among Qatar's neighbours, while the UAE and Bahrain also do not have minimum wage legislation, Kuwait implemented a monthly minimum wage scheme for all private sector workers in 2010.[65]
Qatari’s labor law does not provide protection for the basic universal rights of migrant workers as defined by the International Labor Organization, particularly freedom of association and the right to collective bargaining. Chapter 12 of the law, titled “Workers’ Organizations,” bars foreign workers from joining workers’ committees or a national union (collectively referred to as “labor organizations”), and that “membership…is restricted to Qatari workers.” [66]
The law also places onerous conditions on the right of Qatari workers to organize. [67] Workers are not entitled to go on strike “unless it is impossible to bring the workers and the employer together by conciliation or arbitration,”[68] and obtain prior authorization from the Ministries of Interior and Labor, and must notify the employer two weeks in advance. [69] Workers must also obtain the approval of three-quarters of the General Committee for Profession Workers or Industry. [70] Here, too, the law prevents workers from striking because it requires them to belong to a labor committee in order to obtain a permit to strike. In 2009, Qatari authorities imprisoned and deported 90 construction workers from Nepal because they went on strike because their employer reduced their salaries from 1,000 Qatari riyals ($275) to 650 riyals ($180).[71] Those who worked for the company for a period not exceeding two years were forced to buy their own tickets to their countries.[72]
In addition to the severe obstacles imposed by the labor law on workers' rights to freedom of association, collective bargaining, and strike, the law also discriminates against migrant workers, and violates international law by stipulating legal provisions that include Qatari workers without others.
The Sponsorship Law
The immigration of workers to Qatar and their legal residency in it are subject to the conditions specified by Law No. 4 of 2009 regulating the entry and exit of expatriates, their residence and their sponsorship (the Sponsorship Law). The law stipulates that every expatriate residing in Qatar has a “sponsor” who bears legal responsibility for his stay there.[73] [The sponsor employs the worker, and he may be summoned for investigation before the court if the worker commits a crime while he is still under his sponsorship. The sponsor also bears legal responsibility for the worker’s entry into and exit from the country, and he must grant an exit visa to the workers under his sponsorship before they leave the country. The sponsor must also inform the Ministry of Interior of any changes in the worker's status, and report his "absconding" if he leaves his job without the consent of his sponsor.[74]
The sponsorship law stipulates that the duration of the procedures for obtaining a residence permit exceed three months since the worker’s arrival in Qatar, and that the sponsor returns the passport to the worker after obtaining the residence permit. [75] The requirement to return the passport to the worker is considered a positive point in the Qatari labor law, although it is not widely applied, nor is it found in the labor laws of neighboring countries such as the United Arab Emirates and Saudi Arabia.
While some other Gulf Cooperation Council countries have introduced amendments to their labor laws and allowed migrant workers to transfer their sponsorship to a new employer after a period of time has passed, and without the need for the consent of the original employer (three years in Kuwait and one year in Bahrain), workers in Qatar are still deprived of the right to transfer their sponsorship without the consent of their original sponsor, regardless of the period of work for him. The law also grants the Ministry of Interior the authority to transfer sponsorship temporarily in the event of unresolved court cases between the sponsor and his workers.[76] The ministry can grant workers the right to transfer sponsorship permanently “in the event that the sponsor’s abuse is proven, or if the public interest so requires.”[77] However, Human Rights Watch found that the workers’ chances of benefiting from these legal provisions remain very small, and it remains almost impossible for them to be able to do so. The worker is prevented from changing his employer, or leaving the work, in light of the almost absolute control of the employers over the workers. According to data provided by the Ministry of Labor, between 2009 and 2011, “there were 89 cases in which a migrant worker permanently changed his sponsor [and] obtained permission to change the sponsor due to abusive behaviour, by activating Law 4 of 2009.” Chapter Seven of this report deals with workers' problems due to the sponsorship law in greater depth.
Qatar's international legal obligations
International Labor Law
International law protecting workers' rights, including the rights of migrant workers, has evolved significantly since the founding of the International Labor Organization in 1919. [78] When a government agrees to abide by international labor standards, it becomes obligated to ensure that employers respect workers' rights by issuing appropriate legislation and laws, and monitoring, investigating, and prosecuting violations of workers' rights in accordance with the law.
Qatar joined the International Labor Organization in 1972, and signed eight ILO agreements that define basic labor standards[79], including agreements related to the elimination of forced labor, the elimination of discrimination in employment, and the abolition of child labor.[80]
According to the ILO Forced Labor Convention (No. 29), forced or compulsory labor means “all work or services which are forcibly imposed on any person under threat of any punishment, or which the person has not voluntarily voluntarily performed.”[81] According to the ILO, “threat of punishment” can include threats of financial penalties and threats of intimidation. Report to the state authorities, including That police and immigration bodies, threatening deportation and expulsion from the current work, exclusion from the future work, cancellation of rights and privileges. [82] An examples of the international work of the work of the international work are the nature of the illegal work. , Etc.), deception is the nature of the functions and its conditions, and the seizure of wages or Not paying it, and keeping identity documents or other valuable personal belongings.[83]
Qatar has not ratified the conventions related to freedom of association or the right to organize and collective bargaining. However, in its 1998 Declaration on Fundamental Principles and Rights at Work, the International Labor Organization affirmed that:
As a state party to the International Labor Organization, Qatar has an obligation to respect, promote and fulfill fundamental labor rights, including freedom of association and the right to collective bargaining.
Not ratifying important international standards
In May 2010, Qatar won the elections for a second term as a member of the United Nations Human Rights Council, and members of the Council are required to adhere to "the highest standards in the promotion and protection of human rights."[85]
However, Qatar's commitment to human rights remains below even the average level of these standards. To date, Qatar has not ratified important international human rights conventions, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. These two conventions, as part of international human rights law, include international best practices in the field of human rights.
Qatar has acceded to the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention against Torture, and the Convention on the Elimination of All Forms of Discrimination against Women.[86] In addition, the Qatari government has acceded to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime known as the Palermo Protocol of 2009.[87] Palermo defines human trafficking as “the recruitment, transportation, transfer, harboring, or receipt of persons, by means of the threat or use of force, or otherwise.” forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation.”[88] In 2011, the government passed legislation criminalizing human trafficking adopting the definition of trafficking in the Palermo Protocol.[89]
Business and Human Rights Responsibilities
The long-standing principle that business has responsibilities for human rights is reflected, for example, in the Universal Declaration of Human Rights, in relation to the responsibilities of “every organ of society.” In the period from 2005 to 2011. In 2008, the United Nations Human Rights Council endorsed the “Protect, Respect and Redress” framework, which explicitly acknowledges the responsibility of companies to respect all human rights, and in 2011 the Council approved the “Business and Human Rights Guidelines”, which provides guidance on some steps that the business sector should adopt in order to carry out its responsibilities. As these documents show, companies must respect all human rights, and to avoid complicity in abuses, and to compensate those who are subjected to such violations if they occur. [90] As former UN Special Representative John Rogier noted explicitly: “The corporate responsibility to respect human rights … applies to all corporate activities and their relationships with various parties, as business partners, as entities in the corporate value chain, as non-state actors and agents of states.”[91]
Specifically, the Guiding Principles call on companies to pay attention to risk assessment and monitoring, in order to identify and prevent human rights violations, including forced labor and human trafficking. cases of these problems.
These Principles and Guidelines apply to all relevant actors involved in construction activities in Qatar, or associated with the preparations for the 2022 World Cup. In addition, a number of public and private entities have made specific commitments in relation to human rights. For example, as stated by FIFA Secretary General Jerome Falck: “FIFA takes respect for human rights and the application of international standards of conduct as a basis and an integral part of its activities tha "and it" It will work in cooperation [with the International Confederation of Trade Unions] over the following months, in addressing labor issues with the Qatari authorities.” It was also announced that FIFA “agrees to add labor standards to the bidding process for the upcoming World Cup.”
Human Rights Watch also requested information from the Qatar 2022 Supreme Committee (the local FIFA committee responsible for providing facilities for the World Cup and managing the competition), and from CH2MHILL, a private company awarded the contract to manage the construction of the 2022 World Cup facilities.
In my reply, Hassan Al-Thawadi, Secretary-General of the Supreme Committee, said that the committee seeks to ensure working conditions that meet or exceed international standards, and he mentioned the following goals, within the framework of the Supreme Committee's work, and a three-year strategic plan:
Al-Thawadi's response also states that the Supreme Committee is currently "determining the conditions that companies competing for the contracts of the Supreme Committee for Qatar 2022 must fulfill with regard to the working and living conditions of migrant workers."[94] He added that he hopes that this initiative will serve as a catalyst for bringing about positive change in Qatar.
Ch2M Hill, in a separate response to Human Rights Watch, stressed its strong commitment to respecting and protecting the human rights of workers, as reflected in the company's ethics and principles of work, which state: "As part of our commitment to the international community, we respect and protect the rights of those who work in our projects. We provide reasonable working conditions and fair wages. The use of forced labor or any other human trafficking practices is not tolerated, and will not be We do it knowingly With the full help of our client, the Qatar 2022 Supreme Committee, we are exploring new avenues to use innovative processes and tools, including mandatory contract forms and labor assurance protocols, and the use and implementation of standards at the 2022 Qatar World Cup construction sites. [96] As indicated by the company To use a strategic insurance process and performance monitoring as additional means to address the issue of labor and workers standards.
These responses are a welcome initial clarification of how the SC and its project manager intend to proceed, but they do not provide sufficient detail for a full assessment. As mentioned above, it remains unclear whether the SC will apply contractual clauses and guarantee mechanisms only in connection with World Cup competition venues and other sporting facilities that it oversees, or whether it will seek to extend these measures to other World Cup construction projects in which it plays a coordinating role, such as public transport infrastructure and hotels.
Moreover, neither the Supreme Committee nor CH2M Hill followed up in their responses to Human Rights Watch's recommendations that the two agencies make specific, concrete, and public commitments to address migrant workers' problems, as described in this report. The allegations and the companies' responses to them are mentioned in another part of the report.
Like most migrant workers across the Gulf, migrant construction workers in Qatar face a set of systematic policies and practices that deny them their basic rights. Workers pay recruitment fees that are prohibitively high in their home countries, are forced to take out loans and then remain patient with their work in Qatar regardless of the conditions in which they work. Recruitment agents often give workers incomplete information or deceive them about the work they will do or the wages they will receive. Many workers do not see any written agreement until they arrive in Qatar, and others may not learn of any agreement at all. human experiences. There is little in Qatar's laws to combat abuse in all procedures for hiring workers.
While neighboring countries such as Kuwait and Bahrain have begun reforming the sponsorship system, Qatar's sponsorship law remains the most restrictive in the Gulf region, placing workers at the mercy of employers. Workers are not entitled to change their jobs or leave the country without the written consent of the sponsor. While the law does not allow changing jobs in cases of mistreatment; The authorities rarely grant this right in practice. Although compensation mechanisms give workers some redress, they are time consuming and difficult to achieve. In addition to the widespread practice of confiscating passports, workers are also deceived in the jobs they perform. In the absence of proactive government action to implement existing protection laws, workers are left with no other options for obtaining compensation for mistreatment.
Protection gaps in the recruitment process
Migrant workers obtain jobs in Qatar in two main ways: either that workers contact employment agencies in their countries that deal with Qatari agencies and contact employers directly to provide manpower,[97] or that workers search for jobs through special acquaintances from friends and relatives who work in Qatar for employers looking for other workers Or they know about job opportunities in other companies, and they help them to migrate, usually for a fee. [98]
Recruitment fees
Of the 73 workers Human Rights Watch interviewed for this report, 69 said they paid recruitment fees ranging from $726 to $3,651 to get a job in Qatar, and borrowed money from lenders at interest rates ranging between three and five percent per month, and one hundred percent of the annual debt . Even workers who migrated through their acquaintances said that they also paid recruitment fees because their acquaintances arranged the migration through recruitment agencies that charged a fee, or asked them for money in exchange for facilitating their placement.
The ILO’s Convention on Private Employment (Recruitment) Agencies stipulates that “private employment agencies may not charge, directly or indirectly, in whole or in part, any fees or costs from workers.”[99] Although the Convention does not impose this prohibition on authorized agencies, it defines a private employment agency as “any natural person.” or legal entity, independent of public authorities, that provides services intended to match offers of and demand for employment, without the private employment agency becoming a party to the employment relations that may arise therefrom.”[100] Therefore, the agreement prohibits informal labor intermediaries, intermediaries, and agencies licensed by the government from charging workers fees for recruitment. The agreement also imposes an obligation on governments to regulate these practices by investigating informal use and, when appropriate, punishing offenders.
Although Qatar is not a signatory to the Private Employment Agencies Agreement, this agreement provides the best practices stipulated in international law. And because recruitment fees deceive thousands of workers, and they find themselves in jobs that they did not agree to do from the beginning, in harsh or inappropriate conditions, the Qatari government is obligated to regulate these fees, and to prevent practices that may lead to exploitation of workers. Construction companies are also obligated to respect human rights to avoid exploitative practices that put workers in forced labor situations. However, Qatar still has not taken steps to protect workers from these fees. While the labor law prohibits authorized recruitment agents in Qatar from imposing fees or costs on recruitment processes, it does nothing to prevent recruitment agents in Qatar or employers from doing business with recruitment agencies that charge fees abroad.
Muhammad al-Obaidli, director of the Department of Legal Affairs at the Ministry of Labor, told Human Rights Watch, “Paying fees for a worker before coming to Qatar does not contradict the law. [101] This is a problem for the sending countries, but if any fees are paid in Qatar, there are procedures against the agencies that do that.”[102] In addition, a letter from the Ministry stated that Work in response to additional questions from Human Rights Watch: “Regarding the raising of fees imposed by some labor offices in labor-sending countries, this may actually happen, because this issue is outside the control of the Qatari Ministry of Labor, although the Ministry is working to limit this practice, as it demands the governments of these countries to provide them with the names of offices licensed and authorized to work, in order to direct employers to deal with them, through meetings of joint committees with these countries or through embassies in Doha [103]
The letter also stated that: “Qatar has concluded bilateral agreements with all countries that supply workers to Qatar. These agreements have been concluded between the government of Qatar and the governments of other countries, and they are ratified by an Emiri decree. On the other hand, these agreements have the force of law and are binding on employers. Article 8, paragraph (a) states that the employers bear all costs of workers’ travel from their countries to the workplace in Qatar, Upon their arrival for the first time, they bear the expenses of their return. The employer also bears the costs of a return trip for the worker during the leave stipulated in the employment contract.”[104]
Despite these measures, Human Rights Watch found that nearly all the workers we spoke with continued to report that they had paid fees, or in some cases reported that their employers had deducted recruitment fees from their salaries. Only adequate monitoring and the implementation of established procedures—procedures that do not depend on waiting for workers to complain—can turn these written agreements into effective protections for workers. Employers demanded to obtain documented data from an official agency from the recruitment offices, In Qatar and abroad, it confirms that no fees were imposed on any workers that these offices recruited to Qatar, fees related to the recruitment of work.
Moreover, although the Qatari government's response places the burden of the problem of labor recruitment fees almost exclusively on recruitment offices abroad and on protection gaps in labor-sending countries, a recent study by the World Bank showed that in some cases, the largest part of the fees paid outside Qatar ultimately goes to Qatari agencies. A 2011 World Bank study on migration from Nepal to Qatar estimated that 4 3 percent of the fees paid by workers to recruitment agencies Nepal goes to recruitment agents and brokers in Qatar, and only 12 percent of these fees go to agents from Nepal. [105] Qatari law does not require employers to pay all recruitment fees, regardless of where they are paid, or to reimburse workers for any fees they pay before migrating.[106]
It seems that some Qatari recruitment agencies deliberately hide the size of the profits they make from the fees paid by the workers to evade the penalties stipulated in the labor law. Nepal agents annually, ranging between 17 million and 34 million dollars [107] One recruitment agent in Qatar told Human Rights Watch, "Lawfully, you can say in the agreement that the employer has to pay [all recruitment fees], but most of the agents say it's the worker who is required to pay that. They want the workers to borrow in their countries, pay their tickets, pay their recruitment fees."[108]
In order to be able to pay recruitment fees in their countries, the workers we interviewed said they sold their most valuable possessions or mortgaged their family's possessions, and borrowed money from lenders at high interest rates. Ashok P., a 40-year-old Sri Lankan worker, said he paid 120,000 Sri Lankan rupees ($1,092) to get a job in Qatar, and added: The birth of my golden wife In order to save the full amount, I had to take a private loan, and for every hundred rupees ($0.91) I borrowed, I am required to pay five rupees ($0.05) every month.”[109] Arifaj, 28, from Bangladesh, said that his family sold agricultural land to pay his joining fee, which amounted to six thousand Qatari riyals.(109) $1,647) to an acquaintance in Qatar.[110] Masoud said it was as if he had paid 270,000 Bengali dollars ($3,651) to get a job in the construction sector.[111]
Similar to Massoudek's situation, many workers face dire consequences if they do not receive their salaries on time or fail to repay the loans they took out to finance their migration.
Recruitment fees are one of the most important factors forcing a worker to stay in a job whose employer violates workers' rights, including forced labor conditions and human trafficking. The Ministry of Labor said in a letter to Human Rights Watch, "The Ministry has not received any complaints of forced labor, and it is inconceivable that such a thing exists in Qatar, since workers have the right to terminate their contracts and return to their country whenever they want, and the employer cannot force the worker to stay in Qatar against his will."[113] However, the conditions of forced labor do not negate the fact that the worker has the right to terminate his contract and return to his country. When workers owe thousands of dollars in recruitment fees, are unable to find new employers, and do not have their passports in their possession, they are in effect vulnerable to conditions of forced labor. Under international law, forced labor is: “any work or service that is taken from any person under threat of any penalty and that the person concerned has provided involuntarily.”[114] According to the ILO, “threat of punishment” may include “…financial penalties, reporting the individual to the authorities—including the police and immigration authorities—and deportation, dismissal, and exclusion from work. in the future and deprivation of rights and privileges.”[115] Human Rights Watch spoke to workers who said they had asked their employers for permission to leave their work, and that the employers refused to grant such permission unless they paid additional money. For example, 20-year-old Raju S., from Nepal, said that a broker told him he would work as an office boy in Qatar and would earn 1,200 riyals ($329) per month, so he paid the broker 130,000 Nepali rupees ($1,781). When he came to Qatar, his employer gave him a contract to work as a "construction helper" with a salary of 600 riyals ($165) per month. At first, Raju refused to work, but the employer said that he was obliged to pay an additional thousand riyals for breaking the contract. "I have to pay the loan, so I will stay in this job," Raju told Human Rights Watch.[116] As Sharifa, the owner of a local construction company, said, "There are a lot of companies here that benefit from the labour. They know that the worker is forced to work because they owe money, so they benefit from that."[117]
Qatari law does not explicitly require the employer to pay all recruitment-related fees, regardless of where the fees are levied, or to compensate workers for any such fees.[118] Even in some cases where employers did pay these fees, Human Rights Watch found that employers deducted recruitment costs from workers' salaries, leaving many with other debts in addition to debt. They are in their countries . Himal K, from Nepal, 18 years old, and he has been working in Qatar for a year, said that the employer deducted one hundred riyals ($29) from the salaries of the first four months to collect visa costs, then fifty riyals on each salary after that, only to discover that 1400 riyals ($384) would be deducted as a total amount of his salary. Hemal Kahn said he had also paid 100,000 Nepalese rupees ($1,364) to a middleman in Nepal to get the job, so he asked a company official why the money was deducted from his salary after he paid the fees in Nepal, and he replied, "That's not our problem, our agreement is that you pay the fees here."[119]
Sandesh P., another worker from Nepal, said, "I was forced to pay 1,200 riyals ($329) to the company I work for for the visa costs. I paid the amount within two months, directly from my salary. I also paid for the air ticket."[120] Begair, 23, told Human Rights Watch that he paid 80 Nepali rupees ($1,045) to get a job as a carpenter on a hotel construction project, but the employer in Qatar deducted 1,200 riyals ($329) from his salary to pay for the visa costs. [121] Twenty-two workers said they paid fees to employers directly or to intermediaries in Qatar. The amounts paid ranged from 250 to 3,000 Qatari riyals (between $69 and $824). a).
Deception in hiring procedures and contracting procedures that involve coercion
Although workers are forced to borrow significant amounts of money to find work in Qatar, most of them do not get accurate and complete information about the jobs awaiting them there, which makes their migration more like a bet that may lead to deception of jobs that they never agreed to do, or get salaries that are much lower than they are. they were Of the 73 workers interviewed by Human Rights Watch, only 19 said they had signed contracts in their home countries, and only six workers said that the contracts they signed matched the jobs and salaries they received in Qatar. The workers interviewed by Human Rights Watch for this report also said that they did not sign any contracts before migrating or that they signed contracts before migrating and others upon their arrival in Qatar. L., a resident expatriate who educates migrant workers in Qatar about their rights, said, "The employers change the contract and ask the workers to sign it. Many workers come here to do one job, but then the employers force them to do another."[122] Workers who had borrowed large sums of money in their home countries at high interest rates discovered that the middlemen had lied to them and deceived them with the salaries and jobs they were getting in Qatar. . Some workers said that the wage they received was less than half of the amount they were promised before they migrated, and they found themselves with only one option, which is to accept jobs that they would not have accepted if they had been informed of their nature.
A pamphlet detailing workers’ rights issued by the Qatari Ministry of Labor states that “before coming to Qatar, the worker must obtain an employment contract bearing his signature and the signature of the employer for whom he will work.”[123] However, there is no law stipulating that a worker must obtain a contract bearing his signature before arriving in Qatar (not after arrival), or penalizes changing contracts. In a letter from the Ministry. According to Human Rights Watch, the ministry stressed that the labor agreements signed with labor-sending countries:
In practice, nearly all workers interviewed by Human Rights Watch said that they signed contracts after arriving in Qatar, and received work permits only after they signed. Therefore, employers who bring in contract workers do not face any penalties if the contract contains fewer benefits than those agreed upon in the worker's home country.
Qatari law requires that the employer submit three copies of the worker's work contract, certified by the Ministry of Labor. [125] One copy is kept by the employer, the second goes to the worker, and the third to the Ministry of Labor. [126] The Ministry of Labor has issued a standard work contract, which ministry officials said workers must sign before traveling to Qatar. [127] officials added that Qatar has signed. On bilateral agreements with labor-sending countries, these bilateral agreements call on employment agencies (employment) abroad to use the Qatari form, and to enable the worker to obtain a copy of the work contract. But these agreements are not available to the public, employers who violate their terms do not face any legal penalties, and workers cannot use these agreements to obtain legal protection in individual cases.
Qatar does not require employers to provide written employment contracts in a language that workers understand, and the Labor Law stipulates that “contracts and other documents and papers stipulated in this law shall be drawn up in Arabic,” and adds that “the employer may attach to them a translation into another language,” but it does not stipulate that the translation be into a language that the worker can understand.[128] Ashok P., a construction worker from Sri Lanka, told Human Rights Watch: "The contract is written in English, and the workers from Nepal, Bangladesh, and Sri Lanka don't understand or read English. The company doesn't care about their needs."[129]
It appears that many of the workers who signed new contracts when they came to Qatar did so under coercive circumstances. These workers said that their employers provided them with contracts in both Arabic and English, although many construction workers do not fully read and write or do not understand them. Some workers said that their employers forced them to sign at late hours without explaining to them the content of the contract. Bhanu K., 22, from Nepal, said that a middleman to get him to work in Kathmandu tricked him into deceiving him that he would work as a foreman and that he would receive 1,200 riyals ($329) in salary. [130] When he came to Qatar, he could not review his new contract because his employer asked him to sign around midnight without giving him time to read it. riyals ($206) [132] per month. Raju S., a 20-year-old from Nepal, said that before he came to Qatar, he signed a work contract as an "office assistant" with a salary of 1,200 riyals per month ($329), but when he came to Qatar, his employer made him sign another contract stating that he would work as a carpenter with a monthly salary of 600 riyals ($165).[133] Sudeep said, From Nepal, when he came to Qatar, he discovered that the contract that Venipal signed was a “fake contract for a fake company,” and he had no choice but to sign the new contract that his employer presented to him. [134] It is reported that the contracts that workers sign in their countries are not valid and unenforceable from a legal point of view in Qatar unless they are certified by the Qatari Ministry of Labor.
Some workers said that their employers signed the contracts for them. Ashok P., 40, from Sri Lanka, said he did not sign any contracts before leaving Sri Lanka, but he saw a contract under his name in Qatar, and said, "The company signed the contract for me."[135]
When workers come to Qatar, they find themselves with only one option, which is to sign a contract provided to them by their employer. Workers cannot change their sponsors unless they can prove that the current sponsor has violated the terms of the employment agreement, and they are not allowed to leave the country without obtaining a leave permit from their sponsor. [136] Article 53 of the Labor Law stipulates that workers can terminate employment only when they can prove that “the employer or Whoever represents him has deceived the worker at the time of contracting with regard to the conditions of work.”[137] However, this legal provision does not include the misinterpretations made by recruitment agents and intermediaries during the recruitment process, and they may not have a direct relationship with the employers or they may not be considered as their representatives.
Violations of Labor Law and Work Conditions and Specifications
Workers also reported violations of their rights while at work, including practices that violate Qatari law itself. Qatar's labor law and accompanying texts set specific standards in important areas, including workers' accommodation, timely payment of wages, annual leave, and end-of-service benefits. Chapter Five of this report addresses the most important negative aspects of this law, including the lack of a minimum wage, and the failure to protect freedom of association and collective bargaining. The law allows employers to deduct up to five working days for disciplinary purposes, and 50 percent of the monthly salary to settle workers’ debts or loans. Nor does the law prevent employers from deducting money from workers' salaries to cover visa fees, food costs, and other things. On the other hand, the law does not stipulate obligating business owners to pay workers’ salaries on a monthly or semi-monthly basis, based on the contract that was signed.[138]
Human Rights Watch concluded that many workers do not enjoy the protections provided by the law. Sherif A., the owner of a Qatari construction company, said, "There are many laws, but no one enforces them. It's luck, and no one knows what will happen to him."[139] As Rajang, a worker from Nepal, said, "Our company does not abide by any laws. The government of Qatar issues the laws, but our company does not implement them."[140]
Low wages, underpaid wages, and non-payment of wages
Complaints related to low wages, underpaid wages, and non-payment of wages were at the forefront of complaints of expatriate construction workers in Qatar. One of the workers Human Rights Watch interviewed said his wages did not exceed 590 riyals ($162) per month, or $6.75 per day, while most unskilled construction workers said their wages ranged between 700 and 1,000 riyals ($192-275) per month, or between $8 and $11 per day (including food that some companies pay workers).[141 ] Most workers work between nine and 11 hours a day, spending about four more hours going to and from work.
The new Doha International Airport According to FIFA's assessment of Qatar's bid for the 2022 World Cup, the new Doha airport "will be the main gateway to Qatar during the World Cup" and will be built at a total cost of $13 billion.[142] The airport is expected to accommodate 50 million passengers per year.[143] In January 2004 Bechtel won the contract to design and manage the construction of the new Doha International Airport.[144] Three workers interviewed by Human Rights Watch who said they worked on the new airport construction site said that the companies they worked for, which did not include Bechtel, did not respect their rights. One worker alleged that his employer illegally deducted from his salary, another said that the importing agent to work in his country promised him a different job that he would prefer, different from the one he had in Qatar, and one worker said that the middleman who arranged his migration promised him a high salary before he emigrated, and that before leaving he signed a contract written in English only, and did not understand its content. [145] The three said that they had paid recruitment fees in order to get their jobs and that they had their passports among their belongings. These workers did not claim to be working on one side of the block. Rather, they said they worked for local “labour supply companies”—companies that provide additional workers for other companies seeking to supplement their workforce in a short or medium period. They asked us not to mention the names of their employers for fear of retaliation. Construction companies and contractors in Qatar frequently used medium or short-term labor through labor supply companies. Bechtel's Code of Conduct states that "Bechtel has zero tolerance for activities that support trafficking in persons, the use of child labor, or forced labor in the performance of Bechtel contracts by our employees or our subcontractors" and that the company "expects its partners, subcontractors, and suppliers worldwide to, in turn, be guided by these principles."[146] Human Rights Watch sent a description of the research findings to Bechtel on May 15, 2012, and invited Bechtel to respond to questions about its policies and procedures related to workers' rights. Bechtel responded by clarifying its role as a project manager on the new Doha airport, and that the role includes responsibility for managing contractors and subcontractors on behalf of the client, including sending work and labor standards and following up on contract requirements for work conditions.[147] With two worker-related disputes that the company said had arisen since the contract began in 2004, Bechtel said it was using a "proactive approach," including mediation, to resolve the dispute in both cases. The company did not specifically respond to allegations that it mentioned construction workers at the airport to Human Rights Watch. The company's comments were limited to this paragraph: "Like many organizations, we don't claim to have all the answers, but we continue to strive to make a difference in areas where we believe we have an impact." Human Rights Watch made specific recommendations for actions that the company should take to address problems, specifically the payment of recruitment fees and the issue of withholding workers' passports. The company did not address these recommendations in its letter, but said that it felt that the new Doha airport project “deserves commendation for achieving positive working conditions.” The letter is attached to this report. |
Many of the workers interviewed by Human Rights Watch said that despite the significant increase in the prices of food and other things since the beginning of their work, their salaries did not change in the same way to keep pace with inflation. Rajan G., a construction worker from Nepal, said: “The basic wage in the company I work for is 600 riyals [US$165], whether I work The worker has been there for three or even ten years. All the workers here are struggling... The wages are very low and we are required to pay the expenses. The wages of some workers do not exceed 500 riyals [US$137]."
The Qatari citizen’s share of the national income is $88,222 annually, or $7,352 per month. Last September, the government announced an increase in wages between 60 and 120 percent for Qataris working in the government sector. [148] But at the same time, consumer price inflation witnessed a steady rise in 2010 and 2011, especially due to high prices. Food commodities (the basic monthly expenses for most construction workers), according to Qatari government data. [149]
Despite the low levels of wages, many workers said that their employers deduct amounts from their salaries arbitrarily, while others said that they did not receive their salaries for several months. A study on expatriate workers prepared by the Qatar Committee for Human Rights in 2011 and included 1,114 migrant workers concluded that 33.9 percent of workers said that they did not receive their salaries regularly.[150] [The Qatari labor law stipulates that companies pay workers’ salaries on a monthly basis, at least. [151] A letter from the Ministry of Labor added to Human Rights Watch that: “The ministry conducts monthly inspections of all companies and agencies and reviews their accounts to ensure that workers receive their wages” and that “administrative penalties—even the automatic freezing of all financial transactions of a company—are imposed on companies that do not pay workers’ wages on time. Companies can also be referred to the judiciary since non-payment of wages is a criminal offense punishable by law.” It is the law.”[152]
Despite these measures, most of the workers interviewed by Human Rights Watch said that their companies have a policy of withholding wages for a period of one to three months at the start of work to prevent them from leaving work early,[153] and their employers told them that they would collect these wages when their contracts expire. Abdul M., from Bangladesh, told Human Rights Watch that he had been working in Qatar for three years, and that The company he works for employs more than 5,000 workers. “I got my first salary after I worked for the company for three months,” Abdul added. [154] Bhanouk, from Nepal, also told Human Rights Watch that the company he works for held two months' salary as a “deposit” for him when he returned to Nepal. Therefore, the costs of employing workers rise when they are unable to pay their dues and the benefits incurred because of it, while their families remain unable to provide their vital needs.
Other workers said that their employers deducted sums from their salaries to pay for expenses such as visa fees, food, and health insurance. Abdul, who is from Bangladesh and has worked in the field of roads and construction throughout Qatar, said that her company deducted 120 riyals ($33) from his salary on a monthly basis, which equals 17 percent of his salary, which does not exceed 700 riyals ($192), to pay for food. [156] Ajit, an electrician, also said that his company deducted 200 riyals (5 $4) He used his salary to pay for things like bedding, dishes, and soap. [157] Rishi S., from Nepal, said he worked for a manpower company at the new Doha airport, and that his company deducted one hundred riyals ($27) from his salary annually to pay for the costs of the health insurance card. [158]
Unlike the United Arab Emirates, which has adopted an electronic system for the payment of wages since 2009, Qatar does not require employers to pay wages to workers through such a system. The second of 2011 stated that: “Currently, she is working The Ministry is seeking to eliminate the problem of non-payment of wages through coordination with employers and banks in Qatar, by sending wages through banks. Companies and institutions that employ a large workforce have welcomed this idea, and with the circulation of the idea, complaints of non-receipt of wages that have appeared recently will be reduced.
Currently, the labor law requires employers to submit records stating that they have paid workers' wages after every six months.[159] In a letter from the Ministry of Labor, it was stated that: “The Ministry conducts monthly inspections of all companies and establishments and reviews its accounts to ensure that workers receive their wages.” However, the workers interviewed by Human Rights Watch said that their employers withheld their wages or did not pay wages on time for several months. Umm, a longtime expatriate in Qatar who has spent many years helping migrant workers in trouble, told Human Rights Watch, “There is always a problem with paying wages.
Housing Conditions
Migrant construction workers in Qatar live in so-called "labor camps", which are collective housing for large numbers of workers. Some companies own their own camps, while others rent camps for workers from other companies. Human Rights Watch also interviewed workers living in villas, which are large houses that were divided up to house workers, and others who lived and slept in their workplaces. While some workers said they lived in clean, spacious rooms with good facilities, others said they lived in poor, unsanitary, and inhumane conditions.
The Qatari laws related to the accommodation of workers stipulate that the number of workers living in the same room does not exceed four workers, that the area allocated to one worker is not less than four meters, and that employers do not use “double beds” (bunk beds) to accommodate workers.[161] 20 workers. [162 [However, all the workers Human Rights Watch interviewed said they slept in bunk beds. The rooms Human Rights Watch visited in six labor camps always housed between 8 and 18 workers, and some workers said they slept in rooms with at least 25 other workers. Where between 20 and 30 workers have to share the same bathroom, and between six and 20 workers share the same room, and there may be problems with the availability of water, in addition to the air conditioner, which often does not work.”[163]
In one of the labor camps Human Rights Watch visited in the industrial area of Doha, the workers slept on wooden planks, not on mattresses. [164] These workers said that their employer told them that he would deduct the costs of the mattresses from their salaries. As one of the workers said that he has been sleeping on a wooden bed for five years. The workers also complained of mold in their rooms, and said that the bad smells worried them very much, and they said that the air conditioning unit once broke down, and it took a whole year for it to be fixed. Eight other workers sharing the same room in another labor camp near the creek said that the air-conditioning unit had not worked for two weeks,[165] even though the temperature was 45 degrees Celsius (114 degrees Fahrenheit), and the employer had not repaired it.
Some workers said they did not have enough potable water at their accommodation sites. Ajit M., an Indian laborer who lives in Doha's industrial area, told Human Rights Watch, "We have to keep a container of water because we can't use the water from the pipes. We had to buy the container from our salaries because the pipes are not clean."[166] Manor, from Nepal who lives in a camp near the creek, said, "Clean water is not always available, so we have to bring water from another camp and store it."[166] [167] According to research conducted by the Qatar Human Rights Committee among 1,115 construction workers, 17.3 percent of the workers said that their employer does not provide them with safe drinking water in their accommodation. [168]
Health and Safety
Construction workers in Qatar expose themselves to hazards, including extreme heat and sunlight, hazardous chemicals, equipment malfunctions, falls on construction sites, and other work-related accidents. The Labor Law requires employers to inform workers of the hazards before they begin. work, providing safety instructions, covering all expenses for treatment of work-related injuries, and paying compensation.[169] The Ministry of Labor informed Human Rights Watch that: “With regard to occupational safety and health, there is a section in the Inspection Department charged with inspecting occupational safety and health procedures, and it inspects factories and workplaces periodically.”
The Qatari labor law also requires that the employer notify the Ministry of Labor and the police of cases of death and injury.[170]
However, Qatar does not currently publish data on injuries and deaths that occur in the workplace, and there is nothing in the labor law that requires employers or the government to publish such statements publicly. The website of Qatar's National Health Strategy, the government's strategic plan to improve health care in the country, includes the following data regarding occupational health:
The letter of the Ministry of Labor issued in November 2011 in response to our request for data on deaths in the workplace, stating that: “Over the past three years, there have been no more than 6 deaths among workers. However, Human Rights Watch did not receive any appendices, and data was not seen in response to follow-up questions after the letter.
The Ministry of Labor's three-year injury report is much less than the number of worker deaths reported by the embassy of one labor-sending country in just one year. In January 2011, the Gulf News newspaper announced that the Nepalese embassy in Doha had recorded the death of 191 Nepali workers in Qatar - from various causes of death - in 2010, and said that 103 of them (51 percent) died of a heart attack (although workers are not considered within the age group at risk of heart attacks), and 19 others due to accidents in the workplace.[173]
As with the protections provided by the labor law, workers reported inconsistent protections despite the existence of legal workplace safety standards in Qatar. While some workers said their employers provided them with safety training before starting work, others said they never received any training despite the risks posed by their work. Harry S., a 30-year-old from Nepal who works for a construction company specializing in insulation and waterproofing, said:
Al-Imran N., from Bangladesh, told Human Rights Watch that after 14 years of working in a company specialized in the field of painting and decorating with gypsum, he developed an allergy to all chemicals used by mixing paint, and he had chronic pain in his back. The man had scars on his forearms that he said were caused by the use of toxic chemicals at work. Because he does not have health insurance, Omran said, "I spent a lot of money in the hospital, and I visited many specialized doctors. I spent 2,600 riyals (US$714) on doctors, but my company hasn't paid for me and Lorella until now."[175]
Some workers also said that their employers show great neglect of their health and safety, and demand that they do dangerous work that they have no choice but to carry out. Omar J., from Bangladesh, said that he did not receive any safety training before starting the profession of laying cables and pipelines. [176] Omar added, "The work is sometimes very dangerous because we have to go a hundred or two hundred meters into the pipe, and sometimes the oxygen levels are low. We don't do this work in the presence of the safety inspectors, but as soon as they leave, the company asks us to do these works."[177]
Construction workers in Qatar face a serious risk of heatstroke or dehydration as temperatures soar to fifty degrees Celsius (122 degrees Fahrenheit) in the summer months. [178] In 2007, Qatar adopted a law banning midday work between June 15 and August 15. [179] The decision also forbids outdoor work between 11 and 11 p.m. 30 minutes and three o'clock, and employers are required to provide a shady place for workers to rest. But Human Rights Watch saw many workers working at these times during its visit to several sites in June 2011, after the ban became effective. While many of the workers we interviewed said their employers give them a mid-day break, others said they continue to work at these hours during the hot summer months.] 180]
Problems with the sponsorship system
Construction workers in Qatar are subject to a sponsorship system that gives employers wide power over their workers, making them more vulnerable to abuse and exploitation. arrest or deportation), and it also gives the employer the right not to agree to the worker’s change of work, or to refuse to grant him an exit visa from the country. In May 2012, the Undersecretary of the Ministry of Labor, Hussein al-Mulla, told local media, “The sponsorship system will be replaced by a contract signed between the two parties,” and that “the contract will stipulate the rights and duties of each party, and will impose certain issues on foreigners to respect.”[181] However, his announcement did not clarify how the work contract would replace the current Qatari immigration system, which ties the worker’s residence in Qatar to a specific employer. Also, no information was available on a timetable for abolishing the sponsorship system.
Because Qatar has acceded to ILO Conventions Nos. 29 and 105 prohibiting forced labour, it is legally bound to “prohibit the use of forced or compulsory labour,” which is defined as “all work or services that are forcibly imposed on any person under threat of punishment, and which that person has not volunteered to perform of his own free will.”[182] The threat of any punishment It could be a punishment or “loss of rights and privileges.”[183] These privileges may include the loss of the right to reside and work legally, as well as the right to return to the country of origin.[184]
Human Rights Watch has extensively documented the problems of the sponsorship system, which is in effect throughout the Gulf region with small differences, and which gives employers the power to force workers to work in conditions amounting to forced labour. According to the ILO, recruitment that is “based on false promises” or on “good wages and working conditions” does not constitute voluntary consent, meaning that workers who migrate of their own volition to Qatar find themselves working in forced conditions once recruitment agents deceive them about salaries or the types of work they will do.[185]
The law of guarantee is imposed by the Qutiqiriya, and that the workers' field will change their work voluntarily. They are the owner's approval, even If the latter fails to pay competitive wages, provide suitable conditions, or meet the terms of the employment contract. [187] The law requires employers to report “absconding” workers who leave their jobs without authorization, a crime that results in their arrest and deportation to their home countries. [188] The law also requires workers to obtain exit permits from their employers before leaving Qatar. [189]
Qatar's neighbours, Kuwait, the United Arab Emirates and Bahrain, have amended their sponsorship laws to allow workers to change jobs without the consent of their employers after they have worked for a specified period of time with the original sponsor. But Qatar has not yet reached this level and still requires workers to obtain the sponsor's approval before changing work, regardless of whether they have worked for him for two years or twenty-two full years. Qatar is the only Gulf country, in addition to Saudi Arabia, that has maintained the obligation for workers to obtain an exit visa from the sponsor in order to be able to leave the country.
Confiscation of Passports, Freedom of Movement and Forced Labor
Human Rights Watch concluded that the failure of employers to provide their workers with work permits, and the confiscation of passports of workers when they came to Qatar, restricted workers' freedom of movement as guaranteed by international law. The International Labor Organization considers the confiscation of passports and other identity documents as evidence of forced labour. [190] Employers hold workers' passports to prevent them from leaving the country without their consent and to "protect their investments," because they have paid expenses that may have included fees for work permits and residency visas, bank guarantees, recruitment agent fees, training costs, or insurance to ensure that workers are always satisfied.
While Qatar's sponsorship law prohibits employers from confiscating workers' passports, officials from the Ministry of Labor told Human Rights Watch that labor inspectors do not monitor the confiscation of passports, nor do they care much about curtailing this widespread practice.[191] "A worker does not need his passport in any procedure," Muhammad al-Obaidli, director of the Legal Affairs Department, told Human Rights Watch.[192] ]
In its November 2011 Ministry of Labor response to questions from Human Rights Watch, the Ministry said that while “employers in the past kept the passports of migrant workers, this phenomenon ended after the issuance of the Entry, Exit, Sponsorship, and Residence of Foreigners Law (Law 4 of 2009) which requires the sponsor to return the passport to the worker after completing the necessary procedures.”[193]
Nearly all of the workers we interviewed for this report agreed that their employers continued to keep their passports. Ashok B., a worker from Sri Lanka, said he gave his passport to his employer against his will, adding, "I didn't give them my passport myself. I used to fight with them and they kidnapped him right at my fingertips."[194] As Bhawan T., a worker from Nepal, told Human Rights Watch, the company he works for keeps his passport, although he can get it back if he wants to. However, the procedure is very complicated and takes a long time. Bhawan added, "If we need to leave the country urgently, we have to receive a fax from Nepal explaining the reasons, and we have to present it to the director, and then he brings the passport and tickets. But it takes at least one week."[195]
Aspiration The Aspire Zone is a successor stadium site, one of the proposed sites for World Cup matches in Qatar's bid to host the cup. [196] The Qatari Aspire Logistics Company is responsible for "constructing, operating and managing" sports facilities in the Aspire Zone, according to the company's website. [197] Emiri Resolution No. 1 of 2008 mandated the company to be the "sponsor of the sports department" in the region. In the Aspire Zone, Human Rights Watch interviewed seven Nepali workers who said that their employer had not paid their salaries for three and a half months, and that they wanted to go home. They also said that their employer asked them for money to give them a permit to leave, and because he was holding their passports, they did not want all of them to leave and try to leave. [199] All of the workers said they had paid recruitment fees, and did not have their passports, although they said they had asked their employer to return their official documents to them. The workers did not claim to be employed by Aspire Logistics and asked us not to name their employers for fear of retaliation. Human Rights Watch wrote to Aspire Logistics on May 15, 2012 to share a summary of the report's findings and to invite it to respond to questions about its approach to labor issues. In my written response, the company stated that “the companies involved in the construction of the site have a contractual relationship with Aspire Logistics” and that “among the tasks and scope of work performed, the contracts also clearly state provisions to protect workers’ rights, including terms of employment, salaries, housing, health, compensation, and contractor responsibilities.”[200] The company explained that it uses an external project manager, to monitor contractors and subcontractors’ compliance with these provisions, and that Any breaches of the contractors are subject to penalties and legal penalties. However, the company added that it had no legal control over the work of its subcontractors, which it generally acknowledged "violate workers' rights at times." To address these cases, Aspire Logistics' letter included new commitments to monitor subcontractors and prepare a list of approved subcontractors, as well as a commitment to organize seminars to educate workers about Aspirezone's responsibility for their rights under Qatari law. Review and awareness are valuable initiatives, but Aspire Logistics’ message pledges alone fall short of deterring abuse of workers’ rights and ensuring accountability for those responsible for violations. The company, for example, did not address how to deal with the issue of recruitment fees for migrant workers, except by acknowledging the Qatari legal requirements that sponsoring employers compensate these fees, and that this condition only applies to the employees they employ. from within, and that migrant workers employed from other countries do not enjoy such protections. Aspire Logistics refused to endorse specific recommendations from Human Rights Watch on this and other problems, and said it would take these ideas into account. In mind. The letter is attached to this report. |
Business owners do not provide their workers with work permits, which restricts their freedom of movement and puts them at constant risk of arrest or deportation. The Sponsorship Law stipulates that sponsors must complete residency and visa procedures for their workers within a period not exceeding three months of their arrival in Qatar. [201] But the failure of workers to obtain work permits from their employers, whether due to evasion of paying fees or negligence in completing procedures, causes workers to suffer serious consequences.
Ashok B., a 40-year-old worker from Sri Lanka, told Human Rights Watch that he has been working in Qatar for six months, but he has not yet obtained his residency card, which proves that he has a valid work permit. [202] Hanifik, a carpenter from Nepal, said that the company did not renew his residency card after it expired, but rather refused to answer his requests to do so. Rishav B. told Human Rights Watch that after spending a year and a half in Qatar, he still had no residency card,[203] and added, “The company always makes promises, but I don't have a card until now... In the absence of this card, I cannot send money to my country [through money transfer agencies], so I have to give the money to some friends there who By sending him to my family.”[204] Workers without identity cards were afraid to leave the labor camps, and many of them said they had not left for months waiting for their employer to give them a residence card. Shendhanh H., a worker from Nepal, said that his employer did not want to give him a residence card: “I cannot go anywhere without a permit from the company. If I don't have the permit, the police will arrest me.” [205] Ajit Than said he waited 11 months for a residency card, adding, “If the police stop me, they will arrest me.”[206]
Abandonment Charges and Leave Permits
Under Qatar's Sponsorship Law, employers must report workers who leave their jobs without a declaration as absconding. [207] An employer who fails to do so faces heavy fines and remains liable to the law for the workers under his sponsorship. Sharif A. said , owner of a construction company, told Human Rights Watch: "If a worker leaves his job without a permit, I immediately inform the relevant department in the Ministry of Labor, because I am responsible before the law for that worker if he commits anything wrong in Qatar. The law obliges me to report, otherwise I face...a financial fine."[208]
Workers who are reported by employers as “runaways” become illegal residents of Qatar. Workers who have not been paid or who are fleeing abuse can also be considered “absconders.” “People say that they are runaways, but in reality they are running away because they have not been paid, because the promises made to them have not been kept. Do they want them to sit here and accept the role of the victim? Or should they look for solutions?” to help themselves [209] As the ambassador of a country that sends workers to Qatar said, “[In view of the costs of flight], we advise workers not to leave, even if they have not received a salary for four or five months. If the employer reports them as runaways to the deportation authorities, they are not required to pay their wages because they are in the country illegally.”
In response to Human Rights Watch's questions about accusations of leaving the job, the Ministry of Labor said:
While the response also mentioned that workers who were subjected to abuse have the right to change their sponsor to another employer, the response stated that 89 workers had benefited from this type of sponsor change over the course of three years. [211] This number represents a fraction of the thousands of workers who have filed complaints.
Anyone who harbors or uses a fugitive worker faces severe penalties. In August 2011, Nasser Al-Sayed, Director of the Criminal Investigation Department at the Ministry of Interior, stressed the intolerance of those who violate the law. The Gulf News quoted Nasser Al-Sayed as saying, “We will implement the law that stipulates that a person who harbors or employs workers who flee is liable to imprisonment and a fine ranging from 20,000 Qatari riyals ($5,490) to 100,000 riyals ($27,450).”[212] While absconding fees have dire consequences for workers, some are forced to flee because they have nowhere to go. Is there any other solution other than getting a new job if the original employer does not pay their salaries or does not respect the terms of the contract between them? In other cases, employers use absconding fines to punish workers who claim compensation. A representative of the National Human Rights Committee, a governmental human rights organization that regularly receives complaints from migrant workers, told Human Rights Watch, "In many cases where the police or the Ministry of Labor investigated [absconding cases], they discovered that the cases were fabricated."[213]
Workers wishing to leave Qatar, for a holiday or permanently, must obtain an exit permit from the employer sponsoring them. Therefore, workers who have passports or other travel documents and have enough money to buy a travel ticket cannot leave the country without the approval of their sponsor. “The worker must obtain an exit visa from his sponsor, even if he is out of work,” said M.T., a legal advisor who has provided free legal advice to expatriate workers for more than 18 years. Workers told Human Rights Watch that when they asked their employers for permission to leave, they either refused their demands or demanded money from them. Menju R, from Nepal, migrated 16 months ago to Qatar, believing that he would work as a driver with a monthly salary of one thousand Qatari riyals (274 US dollars), but when he came here, his sponsor asked him to work in construction with a salary not exceeding 550 riyals (151 dollars). He extended the visa without consulting me. Now he says to me, "If you want to leave, you can do so, but you will pay 3,000 riyals ($824) for that."[214] R.N., an Indian resident in Qatar who has been helping Indian workers there for 25 years, said, "If the employer refuses to grant permission to leave, he resorts to Sometimes the worker's wife is in the hospital or his mother has died, it's a very bad situation.”[215] The ambassador of one of the countries that sends workers to Qatar told Human Rights Watch, “It becomes very difficult to obtain an exit visa if the sponsor refuses to grant it. The only option left for the worker is to go to court, but that takes a long time.”[216]
In May 2007, Qatar's prime minister expressed his opposition to the exit permit system. Sheikh Hamad was quoted in the local media as saying, "It is difficult to maintain the exit permit system in its current form. This system is subject to widespread criticism and is likened to slavery."[217] However, Qatar has since taken no steps to abolish exit visas.
Lack of Oversight and Redress and Redress Mechanisms
International human rights law stipulates that countries wishing to protect workers' rights must take measures to protect workers from abuse and exploitation. An essential element of any protection plan is monitoring of employers, workplaces, and labor camps, and the provision of simple redress and compensation mechanisms. However, Qatar's current labor monitoring system, as well as systems for reporting complaints and redress, do not adequately protect workers from the risks of abuse and exploitation in the construction sector.
Qatar's Ministry of Labor has taken some positive steps to inform migrant workers of their rights by issuing a guidebook for them and asking relevant embassies to help translate the information into the workers' native languages. [219] Officials in the Ministry of Labor told Human Rights Watch that they have organized seminars for workers to inform them of their rights and have conducted awareness campaigns in local media. [220] But effective reporting and implementation mechanisms are absent. It made the workers not seek much for a guarantee of protection, even those who knew their rights well.
Reporting Complaints and Inspections
Ministry of Labor officials told Human Rights Watch that migrant workers should contact official authorities if abuse occurs. [221] However, Human Rights Watch research in Qatar showed that workers face significant obstacles in communicating their complaints, and that they only resort to a complaints mechanism. As a last resort. Workers wishing to file complaints must bypass the language barrier, and so far all services provided by the Ministry of Labor hotline and complaints management are still provided only in Arabic, a language rarely spoken by migrant workers to Qatar to work in low-income jobs in the construction sector.
Workers who file complaints may face dismissal and expulsion from their place of residence. In the absence of any other source of livelihood or place of residence, many workers are forced to remain silent about exploitation and abuse. A research by the Qatar National Human Rights Committee released in June 2011 concluded that “in most, if not all, cases, workers do not usually submit any complaints to the relevant authorities (the police). , the Ministry of Labor, the National Committee for Human Rights, etc.) for fear of losing their jobs, expulsion, or deportation from the country.”[222]
When Muhammad al-Obaidli, director of the Department of Legal Affairs at the Ministry of Labor, was asked about how workers request assistance from the Ministry of Labor if they encountered problems, he said: "If any worker encounters any problem or has any complaint, he can report it via the hotline or via e-mail. The hotline is dedicated to informing workers of their rights and obligations."[223] Ministry officials also told him to accept workers' complaints in both English and Arabic. [224] But Human Rights Watch called the specified number, and the employee who answered the call link in English replied that she did not speak English, and that no other employee spoke that language. And if they call, why not let them talk? They do not know the language, and how can I complain when I am not fluent in Arabic or English?”[226]
On a theoretical level, labor inspections provide other protections against violating workers' rights. However, Qatar's labor inspectorates employ only 150 labor inspectors to monitor compliance with the labor law and regulations attached to it. [227] Muhammad al-Obaidli, director of the Legal Affairs Department, told Human Rights Watch that inspectors speak Arabic and sometimes English, but none of the migrant workers' native languages, and that The inspections do not include interviews with the workers. Muhammad al-Obaidli added, "The inspector does not speak to the worker, and therefore he does not need to speak another language. The one concerned with the inspection is the company, not the workers."[228] In contrast, in a letter dated November 1, 2011 in response to questions from Human Rights Watch, it was stated that: “Regarding the addition of interviews with workers to the inspection procedures, this procedure is already in place.” Article 11, paragraph 4, of Ministerial Resolution 13 of 2005, regarding the organization of labor inspection activities and procedures, it was stated that: “The employer, his representative, or the worker must be asked individually or in the presence of witnesses, on any issue related to the implementation of the articles and decisions of the Labor Law, in order to know the extent to which the terms of these regulations are being adhered to.”[229]
Without translators or inspectors who speak languages spoken by migrant workers in Qatar, it remains unclear how this procedure is implemented. Without speaking to workers, inspectors are unable to ascertain whether workers have contracts, are paid, work only the agreed hours and no more, and whether they have been subjected to deception, threats, or forced labor conditions. .
An interview in 2011 highlighted the shortcomings of the current Qatari inspection system. The labor law stipulates that employers provide first aid kits, nurses, doctors, or a sanatorium according to the number of workers in the company. [230] The same law also stipulates that employers pay for medical treatment if workers are injured on the job, and provide periodic medical examinations for people working in dangerous professions. [231] In May 2011, the local newspaper, The Peninsula, published an article stating:
Because the inspectors do not directly ask the workers whether they have access to health care, the company is still able to issue false documents to prove its compliance with the law and evade inspection. These practices were revealed when employees of public hospitals noticed that certain companies were transporting sick and injured workers to them on an almost daily basis, and reported the matter to the authorities.[233]
Muhammad al-Obaidli said that inspectors do not check whether workers keep their passports, even though confiscation of passports is common and a widespread violation of Qatari law. “If a worker experiences this [passport confiscation], he should file a complaint,” he said, downplaying the importance of monitoring employers’ compliance with the Labor Law, which stipulates that passports remain with the owner, saying, “The worker does not need to passport his travel in any procedure.”[234]
Obstacles to Claiming Redress and Compensation
The current labor protection system in Qatar relies heavily on the role of workers in filing complaints of abuse and abuse.
Workers wishing to file complaints against their employers first go to the Labor Complaints Department, which is a dispute settlement center affiliated with the Ministry of Labor. After the complaint has been registered, an employee from this department contacts the sponsor and asks them in the dispute resolution process. If the sponsor refuses to attend the Complaints Department, the Department refers the matter to the Civil Court. Saleh al-Shawi, director of the Labor Relations Department (which deals with dispute resolution), said that his department receives about 300 complaints a month and settles 80 percent of them.[235]
Based on statistics provided by the Ministry of Labor to Human Rights Watch, the Qatari Ministry of Labor received 6,217 complaints in 2009, 4,894 complaints in 2010, and 3,630 complaints between January and September 2011. In 2009, the ministry referred 652 cases—about 10 percent of the total—to labor courts. In 2010, the ministry reported that it had successfully settled 80 percent of them and referred 335 cases—or about seven percent of the total—to labor courts. Between January and September 2011, it referred 292 cases—or about eight percent. to the labor courts. [236] The Ministry of Labor does not issue any data on the results of dispute settlement, nor does it issue related decisions. Human Rights Watch asked the government for information on how to resolve these cases, but the government did not send a response to this question.
The workers told Human Rights Watch that they are reluctant to file complaints with the Labor Complaints Department because they expect their employer to fire them and prevent them from staying in Qatar. Omar J., who works for a labor supply company in Qatar, told Human Rights Watch that he was paid 350 Qatari riyals ($96) less than the wage agreed upon when he came from Bangladesh, even though he paid 270,000 taka ($3,651) there to an employment agent.[237] Omar lives in a room with 17 other workers, and one unit. Air conditioning has been out of order for two weeks, although the temperature has reached a level 45 degrees Celsius (114 degrees Fahrenheit), and he said the company provided camp workers with spoiled food.[238] When Omar was asked why he did not file a complaint about their conditions, he said, "We don't trust the Ministry of Labor, it's useless. If we file a complaint against the company, the police and the Ministry of Labor will contact the employer directly. If the employer finds out about our complaint, they will cancel our visas, and they have already done that against some of the workers who filed complaints."[239]
Expatriates who provided assistance to workers facing problems confirmed that workers who filed complaints with the Ministry of Labor faced serious consequences. R.N, an expatriate who has been providing assistance to workers for 25 years and is familiar with the results of workers' complaints, said: “After the worker raises the complaint, he loses his salary, food, and place of residence, and the company will never allow him to work, so workers prefer to suffer from filing complaints.”[24] 0]The Qatari sponsorship law also criminalizes harboring workers Those who abandoned their work without authorization. N. added, "No one will accept to shelter them because he will be threatened with imprisonment, so some of them are forced to sleep in gardens. I have seen some workers sleeping near their embassies."[241]
Workers who filed complaints with the Labor Complaints Department also said that they faced problems when submitting complaints and while waiting for the dispute to be resolved. Masoud Y., a construction worker from Bangladesh who spent 14 years with his employer, said that he requested a permit to return to his country because he was suffering from an allergy to the chemicals he used in his work and from severe back pain, but his manager at work refused to pay him the end-of-service reward and a ticket to his country as stipulated in the Qatari law. Masoud also said when interviewed by Human Rights Watch that he had not received his salary in four months.[242]
As Masoud Y. said, there are no translators in the Complaints Department to help him file the complaint, and he has to pay money to a local typing center to write the complaint in Arabic. Masoud talked about what happened to him when he registered the complaint: “I don't speak Arabic, and the Qatari man is unable to understand me. [243] Two other workers also said that they relied on the same informal method to register their complaints. [244]
Al-Masoud also said that he did not have the money anymore, and he did not know how he would follow up on his complaint, adding: "This is the third time that I have come to the Complaints Department. My pockets are completely empty."[245]
Obstacles to filing cases in the courts
Human Rights Watch was unable to follow up on the development of workers' personal cases in the Qatari judicial system, and was unable to obtain data on the outcome of labor cases. However, in our research we have identified some of the most important obstacles that prevent workers from seeking judicial redress and compensation, and cause them to abandon their legal rights. As with complaints management, labor advocates and embassy officials emphasized that the first difficulty for workers seeking justice through the courts is supporting themselves during the litigation process. “Legally, if you have the ability, a place to live, and some money, you can go to the courts,” said Qar N., a resident of Qatar who has been helping expatriates who have been facing problems for a long time. [246] But very few workers enjoy such a situation, in addition to the restrictions imposed on them by the kafala system in which they cannot change jobs.
Qatar's Sponsorship Law states that the Ministry of Interior can approve the transfer of a worker's sponsorship "in the event of claims between the sponsor and the migrant worker," or "in the event that the sponsor's abuse is proven, or if the public interest so requires."[247] However, such protective measures remain discretionary and are not effectively used by most workers. The Qatar Human Rights Committee told Human Rights Watch that it regularly receives claims from migrant workers, and that it only considers cases in which it believes the worker is in the right. [248] While the committee refers requests to change sponsorship to the Ministry of Interior, a representative of the committee told Human Rights Watch that the ministry only accepts 20 percent of the requests referred to it by the committee, and rejects 80 percent of them,[249] or He added: To be honest, we do not receive a large number of positive responses.”[250] In a study it issued in June 2011 on the conditions of construction workers, the committee said that the Ministry of Interior announced in 2006-2007 that it approved only 340 requests to change sponsorship based on claims of violations out of 1,294 requests, with an approval rate estimated at 26 percent.[251] in a letter. On November 1, officials notified The Ministry of Labor, Human Rights Watch, states, “The Ministry of Interior, through its specialized bodies, implements Article 12, paragraph 1, of Law 4 of 2009, which requires the temporary transfer of the sponsorship of a migrant worker in the event that any issues that have not yet been decided before the courts between him and his sponsor, until the case is settled, after which the fate of the migrant worker is determined in light of the court’s ruling. Over the past three years – 2009, 2010 and 2011 - There were 100 cases of temporary change of sponsor.[252]
Many workers who have filed lawsuits have been forced to remain without pay or legal accommodation while waiting for their case to be resolved. The labor law requires an employer to pay a worker who quits his job without legal justification or to obtain a permit for seven days after he stops working. [253] In practice, worker advocates told us that even if a worker tries to continue working, the employer usually fires him. from the company's labor camp and stops paying his wages as punishment for filing the lawsuit, even though there is no law allowing a worker's salary to be suspended in such circumstances. A.M., an expatriate resident who helps workers in trouble, told Human Rights Watch, "It can take a whole year between filing a lawsuit and pronouncing a court ruling. Who is responsible for feeding and sheltering the worker for all this time?"[254]
Workers' rights advocates and embassy staff cited litigation fees as an obstacle preventing workers from seeking compensation. Qatar's labor law stipulates that all cases brought by workers to claim rights are heard "expeditiously" and exempted from court fees.[255] Ministry of Labor officials emphasized that the Ministry of Justice is obligated not to charge workers fees when hearing their complaints.[256] [But two ambassadors, from two countries who send workers to Qatar, as well as work attachés at the two embassies, said that the workers who sought their embassies' help to file cases were required to pay 500 riyals (US$137) to proceed with the case. [257] One of the ambassadors told Human Rights Watch, "We have the payment receipts...they are asking them to pay the amount, otherwise the case will go to that level." [258 [The Qatari Human Rights Committee also concluded in a report it issued in June 2011 that “workers are required to pay fees to the expert ranging between 300 and 500 riyals [82 and 137 US dollars], although the provisions of the Labor Law stipulate that labor cases are exempt from any court fees.”[259]
As the ambassador of one of the other countries that sends workers to Qatar said: “Most of the workers work without salaries for five or six months, so where do they get 500 riyals from?”[260] Officials at the embassies said that they could not legally house the workers in the embassies, which made it difficult for them to provide assistance to those in trouble. One ambassador told Human Rights Watch, "The workers find it very difficult to stay in Qatar for three or four months without food, without shelter, and without salary to pursue the legal case. In most cases, the worker surrenders, gives up his rights, and returns to his country after paying for the return ticket himself."[261] In a November 2011 letter to Human Rights Watch, Ministry of Labor officials cited data showing that a total of 1,279 complaints were referred to the judiciary between January 2009 and September 2011, but stated elsewhere in the letter that the Ministry granted only 100 workers a temporary change of sponsor, according to the provisions of the law that require this temporary change while hearing cases between workers and employers.[2] 62] This discrepancy shows that in at least 8 percent of cases referred to court, workers obtained a change of legal sponsor in order to seek justice through the justice system.
To the Government of Qatar
with regard to the Labor Law and its regulations
Concerning the use of workers
Concerning a violation of the labor law
Concerning the Sponsorship Law
Regarding labor inspections, reporting complaints, and legal claims
Concerning the FIFA World Cup
concerning international standards
To countries that send workers to Qatar, including Bangladesh, India, Nepal, Pakistan, the Philippines, and Sri Lanka
To FIFA
To construction, staffing, and other businesses operating in Qatar
This report was researched and written by Priyanka Motaparthy, a former researcher in the Middle East and North Africa division of Human Rights Watch and currently a researcher in the organization's Children's Rights Division. She was assisted by David Segal, coordinator in the Middle East and North Africa Division. Nisha Faria, senior researcher in the Women's Rights Division, interviewed Nasir al-Hamidi, Minister of Social Affairs and Acting Minister of Labor, in Geneva.
The report was reviewed by Sarah Leawitzen, executive director of the Middle East and North Africa division, and Lisamissole, senior researcher in the business and human rights division, provided expert review. Clive Baldwin, senior legal advisor, provided legal review, and Tomportius, deputy program director, also reviewed the report. David Segal, coordinator in the Middle East and North Africa division, provided editing and production assistance. Grace Schweitzer and Roy Hopkins provided production assistance for this report. Middle East and North Africa interns Fatima Benfakira, Maxmiliang Obinas, and former intern Ayla Kadir also provided valuable research assistance for the report.
Human Rights Watch would like to thank Allison Tatopol Ames of the International Conference of Trade Unions, Elizabeth Frentz of the Open Society Institute, and Andrew Gardner of the University of Puget Sound for their assistance in the research phase. We also thank Hala Al-Ali and other representatives of the National Human Rights Committee in Qatar. We also express our gratitude to Muhammad Hassan Al-Obaidly, Director of the Legal Affairs Department, Saleh Saeed Al-Shawi, Director of the Labor Relations Department, and Nasser Al-Mannai, Director of the Recruitment Department at the Ministry of Labor, for their meeting with us in Doha, and for their detailed responses to our questions and inquiries.
In conclusion, we extend our thanks to the many workers' rights advocates from foreign communities in Qatar for their assistance in researching this report, and who preferred to remain anonymous to protect themselves.
[All correspondence was in English. The messages in this appendix are translated into Arabic for your reference]
Preliminary findings of Human Rights Watch research (I sent you an attachment with letters to all parties below)
Human Rights Watch letter to the Qatari Ministry of Labor - September 26, 2011
September 27, 2011
Mr. Mohammed Hassan Al-Obaidly
Director of Legal Affairs Department
Ministry of Labor
Qatar
Mr. Saleh Said Al-Shawi
Director of Labor Relations Department
Mr. Nasser Al-Mannai
Manager of usage management
Dear gentlemen,
Human Rights Watch would like to thank you for meeting with its research team in Doha last June. As we discussed during the meeting, we are currently preparing a report on the human rights of migrant construction workers in Qatar, ahead of the 2022 World Cup.
We present to you, in this letter, the results of our research in May / May and June / June 2011, and to request additional information from your government. We are also pleased to offer you an opportunity to respond to the research results so that we can mention the Qatari government's point of view in the report, which we intend to issue in Doha in January 2012.
We look forward to receiving your response, and we hope that we will have the opportunity to mention all the information related to the subject that we receive from you, provided that the last two dates for receiving responses so that we can mention them in the report is October 31, 2011.
Results
During two research trips to Qatar in May and June 2011, a Human Rights Watch research team conducted in-depth interviews with migrant construction workers in Qatar. We also met some residents who help expatriate workers in case of crises, and we met representatives of the embassies of four countries that send large numbers of expatriate construction workers to Qatar, Qatari employers and employment offices (recruitment for work), in addition to our meeting with you at the Ministry of Labor.
Our research results indicate that many expatriate construction workers in Qatar pay exorbitant recruitment fees (some of the workers we interviewed paid sums of up to $3,651) to recruitment offices abroad in their countries, or parties in Qatar, in order to get jobs in Qatar. Then they worked for months and years to pay for the cost of coming to Qatar. The workers’ debt to these large sums, and the need to pay them back urgently, makes them vulnerable to exploitation, and one of the aspects of exploitation is working conditions that may reach the level of forced labor. Qatari laws prohibit recruitment agencies operating in Qatar from imposing fees on workers, but they are silent on the obligation of employers to pay all recruitment fees for work on behalf of workers, including the payment of fees for recruitment agencies in other countries, or refunds paid by workers from these fees, and the laws do not prohibit employers from dealing with recruitment offices abroad that impose fees on workers.
In addition, employers may also hire workers with the direct approval of the Ministry of Labor, and the law does not prohibit employers from paying workers fees or recruitment costs. Many employers deduct from workers' salaries in order to pay "visa fees" or other costs that may have been incurred by the employer in connection with his recruitment of the worker.
Research also found that workers often receive inaccurate or incomplete information about the nature and working conditions before they travel to Qatar. While your government has prepared a sample employment contract, and we obtained a copy of it during the meeting, neither the contract template nor the Qatari laws protect workers from deception regarding the description of wages or the nature of work before coming to work, which are the two most frequent complaints that we came across during our research. Many of the workers we interviewed during the preparation of the report did not have any contracts, or signed contracts that did not accurately reflect the description of salary and the nature of work before they came to Qatar. With huge debts accumulated on them, which they paid as recruitment fees for the work, and with very little opportunity to change the sponsor, most of the workers were forced to accept the work on the conditions they encountered, whether they agreed to it in advance or not. Even while they are in Qatar, there are many workers who do not have copies of the work contracts, and no one has shown them an explanation of the terms of the contracts in languages they understand.
Qatari labor law and its accompanying regulations and regulations require employers to pay wages on time, require them to meet minimum standards for housing conditions, provide medical care on the job site, and standards for the health and safety of workers; Human Rights Watch found that employers vary greatly in their compliance with these legal requirements. Illegal low salary, inadequate medical care and the failure of employers to provide work permits to workers. Some of the workers we interviewed during the preparation of the report said that their employers owed them several months' salary, while others said that the employers illegally deducted from their monthly salaries. Several workers reported that their employers withheld between one and three months' salary when starting work, considering this amount as "insurance" to prevent them from leaving work. Almost all workers reported that the housing conditions do not meet the minimum housing standards in force in Qatar, which require employers to house no more than four workers in a room, and to refrain from using double beds (on two levels) in the workers' residences. Workers interviewed during the preparation of the report confirmed that they sleep in double beds and the number of workers in one room reaches 25 workers. Most of the workers interviewed said that their employers did not provide them with government-issued health cards that allow them to attend public hospitals and clinics for a small fee. While some workers said that some employers provide medical care at work sites or compensate them for what they pay for medical treatment; Others have argued that they pay the treatment fees themselves, and some choose not to resort to treatment at all to avoid expenses.
In the worst cases we encountered, some workers were subjected to forced labour, or found themselves trapped in situations similar to forced labour, where employers told workers that they could not leave Qatar unless they paid large sums of money to the employers.
The urgent need for workers to pay off their debts, paid as fees to join work in Qatar, was coupled with the restrictions of the Qatari sponsorship system. Some workers continued in jobs that they did not agree to, or were subject to situations involving abuse by employers and violations of their rights. While the sponsorship law says that the worker can change his sponsor if he has issues between him and the employer, or with the permission of the Ministry of Labor (the power to grant permission is left to officials); Workers and those who try to help workers in times of crisis have said that expatriate workers have few opportunities. It is extremely difficult to change the sponsor without the consent of the first sponsor. The provisions of the law that allow the change of sponsor give workers only the least protection measures in practice.
Employers exercised additional control over workers by confiscating their passports and the locations of Qatar's exit visa regime. The Qatari sponsor law prohibits employers from confiscating workers’ passports after workers complete the work visa formalities. However, almost all workers interviewed for this report said that their employers keep their passports, and that they can only retrieve these papers with the employer’s approval. In addition, under the Qatari sponsorship system, workers wishing to leave the country must first obtain an exit visa from their sponsoring employer. It has been proven that the denial of exit visa and its delay are among the methods of employers to control the Confiscation of passports and denial of free movement—including denial of exit permits—are forms of coercion that contribute to forced labour.
The workers we interviewed who filed and filed labor complaints said that they were faced with the immediate termination of their employment contracts and eviction from their homes. Therefore, the workers who submitted complaints had to be willing to give up their jobs and forget about work for months while their complaints were settled. The workers faced many obstacles in the way of hearing their cases in the courts, due to the period that the cases take and their legal inability to work during that period.
A request for information
Human Rights Watch is seeking information from you on the policies of the Qatari government, as well as specific government data, on the following topics:
Recruitment of the worker:
Inspection of work
During our meeting on June 22, 2011, you mentioned that the Ministry of Labor employs 150 labor inspectors to monitor companies' compliance with the Labor Law, including with regard to the conditions of the 1.2 million migrant workers in Qatar.
Health and Safety Monitoring
Settlement of labor complaints and court cases
We understand that the Ministry of Labor arbitrates labor disputes through the Department of Labor Complaints, and that it refers disputes to court if necessary.
Problems related to the sponsorship system
Please do not hesitate to add any data, statistics or other information that you deem appropriate and related to the subject, regarding government procedures related to the conditions of expatriate workers in Qatar. Thank you in advance for your time in dealing with this urgent matter. You can contact Priyanka Motaparthi at: motapap@hrw.org, phone: +1-212-377-9420, or fax: +1-212-736-1300.
With great appreciation and respect,
Sarahlea Whitson
Executive Director
Department of the Middle East and North Africa
cc:
His Excellency Sheikh Hamad bin Jassim bin Jibral Thani, Prime Minister and Minister of Foreign Affairs
His Excellency Minister Nasser bin Abdullah Al Hamidi, Minister of Social Affairs and Acting Minister of Labor
His Excellency Sheikh Abdullah bin Nasser bin Khalifa Al Thani, Minister of State for Interior Affairs
Ambassador Ali Bin Fahd Al-Hajri, Qatari Ambassador to the United States
Reply from the Ministry of Labor to Human Rights Watch - November 1, 2011
Human Rights Watch Letter to the Qatar Supreme Committee 2022 - May 15, 2012
May 15 2012
Hassan Abdullah Al Thawadi
The Secretary General of the Qatar Supreme Committee 2022
Mrs. Al Thawadi,
I am writing to you on behalf of Human Rights Watch to raise your concerns about workers' rights ahead of the 2022 FIFA World Cup in Qatar. We would also like to inquire about the steps the Qatar 2022 Supreme Committee has taken or will take to ensure that all public and private organizations involved in construction works related to the 2022 World Cup respect human rights, including workers’ rights, in respect of the Government of Qatar’s commitment to protecting human rights and the widely recognized principle that businesses have a responsibility to respect human rights. We have written to the Government of the State of Qatar, including His Highness the Emir of the country, as well as the Minister of Labor, regarding our concerns and we have also written to you in light of your key role as Secretary-General of the Local Organizing Committee for the 2022 World Cup.
Human Rights Watch is an international, independent, non-governmental organization that monitors human rights in more than 90 countries around the world. We have monitored the human rights of migrant workers in the Middle East, particularly the Gulf states, for many years. In previous reports, we recorded widespread violations of the rights of migrant workers arising from immigration policies that include exorbitant immigration and recruitment fees, the lack of legal protection in the countries of employment, and insufficient application of the available protection measures.
Human Rights Watch is currently preparing a report on conditions for migrant workers in the construction sector in Qatar, in light of the large-scale construction work needed to provide facilities and infrastructure for the 2022 FIFA World Cup. We have attached a summary of relevant research findings from our forthcoming report for your reference.
Our research examined the construction sector as a whole, and found that abusive practices of the kind we have documented elsewhere in the Gulf are also prevalent in Qatar. As described in the accompanying summary, we found that key factors lure migrant workers into exploitative jobs in Qatar: the exorbitant recruitment fees that almost all the workers we interviewed paid in order to get their jobs; the restrictive kafala system that prevents workers from changing jobs or leaving the country without their employer’s permission. These workers are free to form associations (organization and collective bargaining, and the government's failure to adequately implement existing laws that—at least on paper—are intended to protect workers' rights. In some cases, the exploitation and coercive conditions in which workers find themselves amount to conditions of forced labor or human trafficking, as defined in international law.
We are aware that, earlier this year, the Supreme Committee for Qatar 2022 awarded CH2M Hill the contract to manage the 2022 World Cup finals project. We note, as indicated in the company’s announcement for this contract that “the Supreme Committee for Qatar 2022 has direct responsibility for the competition venues, which include the proposed stadiums and training sites, while maintaining a coordinating role for non-match venues, in addition to the main infrastructure works Such as the new Doha International Airport and the proposed nationwide metro network We therefore understand that CH2M HILL will be acting on behalf of the Local Organizing Committee to oversee the construction of facilities for use in the 2022 FIFA World Cup. We understand that tenders have been announced for multiple FIFA World Cup projects since the appointment of CH2M HILL as Program Management Consultant to the SC.
While few World Cup-related construction projects have commenced work at this stage, we would like to draw your attention to the fact that we interviewed construction workers at two sites where facilities were under construction or undergoing renovations in the course of Qatar's preparations to host the World Cup and who claimed that their rights were not being respected. We are in the process of writing to the relevant companies about these allegations, and therefore have not provided their details here.
We realize that Emiri Decree No. 27 of 2011 establishing the Supreme Committee for Qatar 2022 states that it “aims to achieve the best conditions for organizing and implementing the 2022 World Cup,” and that its tasks, among other things, include working to create “an enabling environment for the organization and implementation of the 2022 World Cup at the levels of legal, organizational, physical, and social and economic development.” We have noted with interest your public pledge. which you gave during your speech on January 17, January 2012 at Carnegie Mellon University in Qatar, that “there are problems with our work in this country, but Qatar is committed to reform. We will ask contractors to impose a condition to ensure respect for international labor standards.”
With this in mind, we would like to take this opportunity to open a dialogue with you about our human rights concerns regarding migrant workers in the construction sector in Qatar. Particularly in light of the Supreme Committee's essential role in Qatar's World Cup-related construction work, we hope to engage with you to ensure adequate protection of the rights of migrants working on those projects. We would appreciate your response to the following questions, as well as any additional information you wish to provide. Please note that we have also written to CH2M Hill similar questions that also address their companies' obligations to address workers' rights.
In light of our research documenting the extent of abusive conditions for workers in the construction sector in Qatar, we strongly encourage all companies operating in this sector, as well as your supreme authority, to publicly pledge to respect the rights of all workers associated with their projects and to take concrete measures to prevent, mitigate and address violations of workers' rights. Special measures we recommend include:
We welcome your response to this letter, and your willingness to make the above pledges, as soon as possible in order to reflect the Supreme Committee's position on these important issues in our work on the 2022 World Cup to be hosted by Qatar. Qatar between 8 and 12 June 2012 . Please, do not hesitate to suggest a suitable date and time for holding such a meeting.
Sincerely,
Sarahlea Whitson,
Executive Director
Department of the Middle East and North Africa
Human Rights Watch
Reply of the Supreme Committee for Qatar 2022 to Human Rights Watch - May 29, 2012
The Supreme Committee for Qatar 2022
May 29, 2012
To: Sarah Leah Whitson
Human Rights Watch
On behalf of the Qatar 2022 Supreme Committee, I would like to thank you for your letter of May 15, 2012 regarding workers' rights in anticipation of the FIFA World Cup Qatar 2022.
It was a matter of concern to us to read your letter, and we are taking these allegations very seriously at the highest levels of government. We are particularly concerned that the [sports] tournament, with regard to the World Cup-related projects under our control, should be a force for positive change in terms of workers' rights in the Gulf region.
Therefore, we have been keen to accept your offer of dialogue. We would like to discuss the issues raised in your letter with your representatives as soon as possible with a view to establishing a relationship of close cooperation between us and you.
These discussions would complement the work already underway within the Higher Committee to draft and implement employee/worker rights policies at all levels of the Committee. This work is being done under the supervision of our Policy Committee, which will ensure that the rights of employees/workers are at the forefront of our thinking in all the activities of the Supreme Committee for Qatar 2022, in terms of adhering to international standards, or even surpassing them.
Our overall legacy commitments set specific humanitarian and social goals that include improving safety and security, and raising standards for construction workers. The statements below are excerpts from the Supreme Committee's three-year strategic plan and framework:
"Improving Construction Workers' Standards: Improving Enforcement and Monitoring Appropriate Working and Living Conditions for Construction Workers. Raising the Level of Skills and Training Provided to Workers to Enable Them to Build High-Quality Facilities and Leave a Lasting Personal Legacy."
"Establish minimum standards and obligations for all workers participating in Qatar 2022 (for example in terms of living conditions, working hours, wages, training, health and safety) and provide information related to these obligations in several languages."
We are aware of the enormity of the work that awaits us, and when we announced our intention to apply for the right to host the FIFA World Cup, our vision for the mission was not limited to simply establishing a successful football tournament, but rather the opportunity provided by hosting this event, the opportunity to accelerate positive change in our country, especially in the fields of human and social development, is no less important. We will work closely with other government agencies (Ministry of Labor and Human Rights Office in the Ministry of Affairs External) committed To improve the conditions and rights of migrant workers, such as the Supreme Committee, to ensure that they are treated with dignity and respect, and to provide a safe and secure work environment.
The Supreme Committee will play its role in securing change, as it is fully committed to ensuring that migrant workers working on projects related to the 2012 FIFA World Cup are in an environment that meets and exceeds international standards. In light of this, we are currently working on defining the conditions that companies competing for contracts for the work of the Supreme Committee for Qatar 2022 must meet with regard to the working and living conditions of migrant workers yen.
The Qatari state is fully committed to addressing the issues raised by your organization. The Ministry of Labor is working to establish an elected and independent trade union. The Ministry also proposed amending the sponsorship system. The Council of Ministers approved these proposals, and they are awaiting approval from the Royal Office of the State. The country has demonstrated its commitment and it is our hope that the 2022 FIFA World Cup will act as a catalyst to accelerate the processes that have already begun.
We regret that we cannot meet on 9-12 June as we have a previous long-term commitment to the Association of European Football Associations, but we are keen to meet as soon as possible as we treat this issue with the greatest interest. It contradicts the truth.
Winning the rights to host the 2022 FIFA World Cup has provided our country with the means to accelerate progress, whether in the field of employment and other areas of development. We welcome this as it would advance the positive change that we seek to achieve. We look forward to meeting your representatives and may the strong [emerging] relationship between you and us help ensure that the 2022 FIFA World Cup in Qatar leaves behind a positive human and social legacy for the region.
Sincerely,
Hassan Al Thawadi
The Secretary General
Human Rights Watch letter to CH2M Hill – May 15, 2012
May 15, 2012
Lee McIntyre
Chairman of the Board of Directors and Chief Executive Officer
CH2M HILL
United States of America
Sedmac Entry,
I am writing to you on behalf of Human Rights Watch to raise your concerns about workers' rights ahead of the 2022 FIFA World Cup in Qatar. We would also like to inquire about steps CH2M HILL is taking or intends to take to address such issues in line with the widely recognized principle that companies have a responsibility to respect human rights, including labor rights, and in line with corporate human rights obligations.
Human Rights Watch is an international, independent, nongovernmental organization that monitors human rights in more than 90 countries around the world. We have monitored the human rights of migrant workers in the Middle East, especially the Gulf countries, for several years. We have recorded in previous reports widespread violations of the rights of migrant workers arising from immigration policies that include exorbitant immigration and recruitment fees, lack of legal protection in the countries of work, and insufficient application of available protection measures. the private sector to ensure support and respect for workers' rights.
Human Rights Watch is currently preparing a report on conditions for migrant workers in the construction sector in the State of Qatar, in light of the large-scale construction work needed to provide facilities and infrastructure for the 2022 World Cup. We have attached a summary of the relevant research findings from our forthcoming report for your reference.
Our research examined the construction sector as a whole, and found that abusive practices of the kind we have documented elsewhere in the Gulf are also prevalent in Qatar. As described in the accompanying summary, we found that key factors lure migrant workers into jobs involving exploitative conditions in Qatar: the exorbitant recruitment fees that nearly all the workers we interviewed paid in order to get their jobs, the restrictive kafala system that prevents workers from changing jobs or leaving the country without their employer’s permission. In addition, the legal and regulatory framework is inadequate to protect workers’ rights on several points. Most notably, Qatari law prohibits migrant workers from forming unions, in violation of these workers’ rights to freedom of association and bargaining collectively, and the government’s failure to adequately implement existing laws that—at least on paper—are intended to protect workers’ rights. In some cases, the exploitation and coercive conditions in which workers find themselves amount to conditions of forced labor or human trafficking, as defined under international law.
We are aware that, earlier this year, the Supreme Committee Qatar 2022 awarded you the contract to manage the 2022 World Cup construction project. We note, as indicated in the company’s announcement for this contract that “the Supreme Committee Qatar 2022 has direct responsibility for the competition venues which include the proposed stadiums and training sites while maintaining a coordinating role for the non-competition venues required by FIFA, in addition to major infrastructure works such as Doha Airport The new Crown and the proposed metro network at the level Therefore, we understand that the company will act on behalf of the local organizing committee to oversee the construction of facilities for use in the 2022 World Cup. We understand that tenders have been announced for multiple World Cup projects since the company's appointment as the SC's Program Management Consultant.
While few World Cup-related construction projects are underway at this stage, we would like to draw your attention to the fact that we interviewed construction workers at two sites where facilities were under construction or undergoing renovations in the context of Qatar's preparations to host the World Cup and who claimed that their rights were not being respected. We are in the process of writing to the relevant companies about these allegations, and therefore have not detailed them here.
We have noted CH2M HILL's commitments to addressing workers' rights. We recognize, for example, that the Principles of Business Conduct and Ethics for Employees state that:
As part of our commitment to the international community, we respect and protect the human rights of those who work on our projects. We provide reasonable working conditions and fair wages. CH2M HILL has a zero-tolerance policy for the use of forced labor or other human trafficking practices and, knowingly, will not deal with subcontractors, business partners, or suppliers that do not hold similar standards.
The report also refers to the company's Code of Conduct for suppliers. We noted in particular the company's policy, which was mentioned in your 2011 Sustainability Report, to monitor suppliers, contractors, and suppliers of labor from certain countries described as high risk for human rights abuses. acceptable business practices and that these organizations acknowledge their acceptance of our terms,” and that your company equally acknowledges that the Middle East and Asia (the continent home to most of the migrant construction workers in Qatar) are high-risk locations.
With this in mind, we would like to take this opportunity to open a dialogue with CH2M HILL about our human rights concerns regarding migrant workers in the construction sector in Qatar. Particularly in light of your essential role in the construction works in Qatar related to the World Cup, we hope to engage with CH2M Hill to ensure adequate protection of the rights of migrants working on those projects.
We appreciate your response to the following questions, as well as any additional information you would like to provide:
Please provide us with any relevant information about your company#1571;'s plans and existing approach regarding any other issues that emerge from our research and which are described in the attached summary of results.
In light of our research documenting the extent of abusive conditions for workers in the construction sector in Qatar, we strongly encourage all companies operating in this sector, including yours, to make a public commitment to respect the rights of all workers associated with their projects and to take concrete measures to prevent, mitigate and address violations of workers' rights. The specific measures we recommend include actions by companies, including yours, to:
We welcome a response to this letter, and your willingness to provide the above pledges, as soon as possible in order to reflect CH2M HILL's position on these important issues in the build-up to the 2022 FIFA World Cup in Qatar. In order to reflect your position in our next report, we would like to receive your written response before May 29, 2012. We also welcome the opportunity to discuss these issues in greater detail and in person in The future. Please, do not hesitate to suggest a suitable date and time for a similar contract this meeting.
Sincerely,
Sarahlea Whitson,
Executive Director
Department of the Middle East and North Africa
Human Rights Watch
CH2M HILLResponse to Human Rights Watch - May 29, 2012
CH2M HILL9191 South Jamaica StreetEnglewood, CO 80112USA
May 29, 2012
Sarahlea Whitson
Executive Director
Department of the Middle East and North Africa
Human Rights Watch
Mrs. Whitson,
Thank you for your letter dated May 15, 2012 to Mr. Lee McIntyre, Chairman and Chief Executive Officer. I have been asked to answer this letter on behalf of CH2MHILL in my capacity as the Company's Business Ethics Officer.
CH2MHILL is aware of the work Human Rights Watch is doing to protect human rights around the world. We admire your work with governments and the private sector as part of your commitment to raising awareness and drawing attention to the living and working conditions of migrant workers in the construction sector. We fully understand the importance and significance of this issue in relation to large and complex projects such as Qatar's project to host the 2022 FIFA World Cup. We believe that Human Rights Watch, as a leading independent organization dedicated to the defense and protection of human rights, is well-equipped to make a difference in the lives of migrant workers working in the construction sector in the Middle East and elsewhere around the world.
As you indicated in your letter, CH2M HILL has a zero tolerance policy on human trafficking practices. We have a long and proven record of doing business in a fair manner. The Principles of Business Conduct and Ethics state this unwavering commitment:
As part of our commitment to the international community, we respect and protect the human rights of those who work on our projects. We provide reasonable working conditions and fair wages. CH2M HILL has a zero-tolerance policy for the use of forced labor or other human trafficking practices and will not, if we know it, deal with subcontractors, business partners, or suppliers that do not hold comparable standards.
Our sponsorship of Qatar's project to host the 2022 FIFA World Cup, the Supreme Committee Qatar 2022, oversees the world-class infrastructure to create stadiums for competitions and other sports-related facilities in Qatar. The FIFA Qatar 2022 Supreme Committee pledged to set work standards for all contractors who will work on its sites. The project team seeks to respond to work standards on the project through monitoring tools and a strategic system for procurement, contracting, and performance.
You should know that our role in the Qatar project to host the 2022 FIFA World Cup, at this moment, is still in its early stages (we are almost in the fourth month of a twelve-year project). So far, no building and construction work has started in any of the Qatar project facilities to host the 2022 FIFA World Cup.
As we began our planning, we explored, with the full endorsement of our client, the Qatar 2022 Supreme Committee, new ways to use innovative processes and tools, including mandatory contract forms and insurance protocols to address labor conditions and standards of employment at the Qatar 2022 FIFA World Cup™ project sites. Our client is reviewing the International Business Standards and considering how to best use them in this very important programme. CH2M HILL is committed to working alongside our client in seeking the right solutions for this programme, drawing on our client's commitment to this cause and our team's extensive experience in large scale infrastructure development programmes.
We, along with our client, welcome this opportunity to begin a dialogue with Human Rights Watch on this issue, and to discuss your views and recommendations on how you can make progress for the "radical change" you seek. We would also like to take this opportunity to share with you CH2M HILL's role in supporting our client, the Qatar 2022 Supreme Committee, in Qatar's project to host the 2022 FIFA World Cup.
Given the timetable for your next report, and the early stages of Qatar's project to host the 2022 FIFA World Cup, we propose an initial conversation this week. I suggest we arrange a call that suits you, and my colleague, Ms. Teresa Lower, Senior Vice President, International Governmental Affairs, would be happy to speak with you (for more background, I am attaching my resume and Ms. Lower's resume). I am very interested in meeting you in person, and therefore, in addition to the proposed call this week, Mrs. Loire and I can meet with you in your office in June.
Our client (Qatar Supreme Committee 2022) told us that he is interested in being part of this important dialogue, directly, and we would like to coordinate with his schedule for a suitable timing.
We look forward to meeting with Human Rights Watch and supporting our client in making tangible progress for migrant workers in the construction sector in Qatar and the Gulf region in general. Mrs. Lower will call to schedule our meeting.
With much appreciation
CH2M HILL
Margaret Maclean.
First Vice President, Director of Legal Affairs and Work Ethics
Human Rights Watch letter to Aspire Logistics - May 15, 2012
May 15, 2012
Abdulaziz Al Mahmoud
General Manager
Aspire Logistics
Doha, Qatar
Mr. Abdulaziz Al-Mahmoud
I am writing to you on behalf of Human Rights Watch to bring to your attention our concerns about workers' rights ahead of the 2022 FIFA World Cup Qatar, including information relating to Aspirezone, a website that I understand will be operated by Aspire Logistics. We would also like to inquire about steps that Aspire Logistics is taking or will take to address workers' rights in the State of Qatar in line with the widely recognized principle that companies have a responsibility to respect human rights, including workers' rights.
Human Rights Watch is an international, independent, non-governmental organization that monitors human rights in more than 90 countries around the world. We have monitored the human rights of migrant workers in the Middle East region, especially the Gulf countries, for many years. We have recorded in previous reports widespread violations of the rights of migrant workers arising from immigration policies, which include exorbitant immigration and recruitment fees, lack of legal protection in the countries of work, and insufficient application of available protection measures. from the private sector to ensure support and respect for workers' rights.
Human Rights Watch is currently preparing a report on conditions for migrant workers in the construction sector in the State of Qatar, in light of the large-scale construction work needed to provide facilities and infrastructure for the 2022 World Cup. We have attached a summary of the relevant research findings from our forthcoming report for your reference. Our research examined the construction sector as a whole, and found that abusive practices of the kind we have documented elsewhere in the Gulf are also widespread in Qatar.
As described in the accompanying summary, we found that key factors precipitate migrant workers into exploitative jobs in Qatar: the exorbitant recruitment fees nearly all workers interviewed by Human Rights Watch paid in order to get their jobs, and the restrictive sponsorship system that prevents workers from changing jobs or leaving the country without their employer's permission. In addition, the inadequacy of the legal and regulatory framework to protect the rights of workers in several points, most notably that the Qatari law prohibits migrant workers from forming trade unions, in violation of the rights of these workers to freedom of association (organization) and collective bargaining, and the failure of the government to adequately implement existing laws that, at least on paper, aim to protect the rights of workers. In some cases, the exploitation and coercive conditions in which workers find themselves amount to conditions of forced labor or human trafficking, as defined by international law.
Ennnad, Annabeerlogstestol, the work of the International Caliphate Stadium, and a proposal for the World Cup matches, is included within the serenity of the Qatar to win the championship regulation. International, "as it is in a website 2008 Aspire Logistics was chosen as the "Sports Department Sponsor". We would therefore like to draw your attention to the fact that we interviewed construction workers who work in Aspire Zone and who claimed that their rights are not being respected. The workers we interviewed in Aspire Zone do not claim to work for Aspire Logistics, and they asked us not to specify the name of their employer for fear of reprisals.
We are in our report, which is expected to be issued soon to the interviews, treating workers, as they explain the issues that arise in the construction sector, so that, including those connected to the sites of the relevant employees, the World Cup. The employer pays them for three months and a half, and that they wanted to go home to Nepal. They said that their sponsoring employer demanded money in exchange for permission to leave, because it held their passports, and they were reluctant to leave and try to go home. All the workers paid recruitment fees, and none of them got their passports, even though they said they asked their employer to return these documents.
We would like to take this opportunity to open a dialogue with your company, and share with Aspire Logistics our concerns regarding the human rights of migrant workers in the construction sector in Qatar. In particular, we would appreciate your response to the following questions, as well as any additional information you would like to provide.
In light of our research documenting the extent of abusive conditions for workers in the construction sector in Qatar, we strongly encourage all companies operating in this sector, including yours, to publicly pledge to respect the rights of all workers associated with their projects and to take concrete measures to prevent, mitigate and address violations of workers' rights. The specific measures we recommend for action by companies, including yours, include the following:
We welcome a response to this letter, and your willingness to provide the above pledges, as soon as possible in order to reflect Aspire Logistics' position on these important issues in our work on the 2022 World Cup to be hosted by Qatar. In order to reflect your position in our next report, we request a written response before 29 May 2012. We also welcome the opportunity to discuss these issues in more detail and in person during our visit to Qatar between the 8th and 12th of June June 2012. Please, do not hesitate to suggest a suitable date and time for holding such a meeting.
Sincerely,
Sarahlea Whitson,
Executive Director
Department of the Middle East and North Africa
Human Rights Watch
Attachment: a summary of the search results
Response of Aspire Logistics to Human Rights Watch – May 29, 2012
Aspire Logistics
To: Sarah Lelawitzen
Executive Director
Department of the Middle East and North Africa
Human Rights Watch
Subject: Football World Cup - Workers' rights
Mrs. Whitson,
First of all, allow us to thank you for your interest and contact with Aspire Zone. We hold the greatest appreciation for your organization and we are pleased to work with Human Rights Watch in the future to address and improve conditions for migrant workers in Qatar. We take human rights in Qatar very seriously and have developed comprehensive and standard policies to ensure continued compliance with our responsibilities to respect human rights.
Also allow us to update you on the steps Qatar has taken to address human rights violations at the national level. In a first for the region, the Ministry of Labor recently worked to establish an elected and independent trade union to protect and advance the rights of workers, regardless of their nationality. Moreover, a package of firm new legislation ensures employers' increased responsibility to adhere to the payment of salaries on time. Work requirements to provide adequate housing are being implemented across the country.
Although "Aspirelogstex" is a private company that cannot be addressed to the vicinity of Human Rightsuch directly in relation to national laws, such as the sponsorship system, but we are the anguish of the manner and the well -established, and the social institution is considered that our civil responsibility is eliminating the contribution and improving the status of immigrant workers, and we are proud of the number of tools Deception of the certainty of the help of immigrant workers, according to their rights and their promotion.
The law does not allow working in Qatar without a written and signed contract, and we strictly abide by the Qatari law. “Aspire Logistics” maintains contractual agreements for all work carried out by construction companies. And the companies used to carry out construction work in “Aspire Zone” do this based on contracts and subcontracts. In addition to the tasks and extent of the work carried out, the contracts clearly stipulate conditions that protect the rights of workers, including operating conditions, salary rates, health, housing, resettlement, and contractor responsibilities.
Contractors, subcontractors and subcontractors are contractually responsible for promoting workers' rights. The contracting parties have an obligation to act with integrity in terms of documenting payments, complying with housing and health and safety laws, and any other contractual obligation stipulated by law within the limits of the Aspire Logistics contract.
Aspire Logistics employs third parties to manage its projects and carry out frequent inspections at any construction site contractually owned by Aspire Zone. The procedure involves 4 basic steps: submitting a letter or report, recommending corrective actions, setting a timetable, and finally the report is only signed by both parties once the procedures are completed. If the procedures are not completed, the contractor is likely to face legal repercussions and penalties.
The Ministry of Labor within the State of Qatar enforces a rule that sponsors within the country's borders are legally obligated to pay recruitment fees and any petty cash. However, this rule applies to Qatar alone, and unfortunately the law does not apply, and cannot be imposed, on foreign countries by the Ministry of Labor. Aspire Zone adheres to this rule and ensures that workers recruited from within the country are not obligated to pay any recruitment fees.
However, in an effort to address this issue within the continuum of immigration and labor-sending countries, the Qatar Human Rights Committee has published a handbook to educate and educate both potential and current workers. The book has received wide circulation across the country and has been published in a variety of languages and distributed internationally, targeting those preparing to come to Qatar. The booklet provides advice to workers and guarantees those who come to work in Qatar their rights.
The specific actions recommended in your initial letter have been taken into account, and we would like to highlight additional suggestions that we believe are consistent with Aspire Logistics' Code of Conduct and corporate ethics. As a company that desires to combine organizational excellence with equal opportunity, we hope to set an example for the rest of employers in the State of Qatar. Workers' rights can be established within Aspirzone. .
We hope our response provided sufficient clarification of the situation of workers' rights within Aspirzone, and we look forward to discussing any outstanding issues with you, upon your next visit to Qatar in June.
Best regards,
Abdulaziz Al-Mahmoud
General Manager
Human Rights WatchLetter to Bechtel - May 15, 2012
May 15, 2012
Mr. Riley B. Bechtel
Chairman of the Board of Directors
Bechtelgroup
San Francisco - United States
Mr. Bechtel,
I am writing to you on behalf of Human Rights Watch to bring to your attention our concerns about workers' rights ahead of the 2022 FIFA World Cup in Qatar, including information relating to a site in Qatar that we understand Bechtel is responsible for structurally managing. Workers' rights, and in accordance with your company's human rights obligations .
Human Rights Watch is an international, independent, non-governmental organization that monitors human rights in more than 90 countries around the world. We have monitored the human rights of migrant workers in the Middle East, especially the Gulf countries, for many years. We have recorded in previous reports widespread violations of the rights of migrant workers arising from immigration policies, which include exorbitant immigration and recruitment fees, lack of legal protection in the countries of work, and insufficient implementation of the available protection measures. the private sector to ensure the support and respect of workers' rights.
Human Rights Watch is currently preparing a report on conditions for migrant workers in the construction sector in Qatar, in light of the large-scale construction work needed to provide facilities and infrastructure for the 2022 FIFA World Cup. We have attached a summary of relevant research findings from our forthcoming report for your reference. .
As described in the accompanying summary, we found that key factors that lead migrant workers into exploitative jobs in Qatar are: the exorbitant recruitment fees that almost all workers Human Rights Watch interviewed paid in order to get their jobs, and the restrictive sponsorship system that prevents workers from changing jobs or leaving the country without their employer’s permission. Migrant workers are prohibited from forming unions, in violation of these workers' rights freedom of association and collective bargaining, and the government's failure to adequately enforce existing laws that—at least on paper—are intended to protect workers' rights. In some cases, the exploitation and coercive conditions in which workers find themselves amount to conditions of forced labor or human trafficking, as defined by international law.
We know that in 2004 Bechtel won the contract to design and manage the construction of the new Doha International Airport, which is planned to be completed as part of Qatar's bid to host the World Cup, and we understand that your company's role in managing the construction of the site is currently continuing. We then draw your attention to the fact that we interviewed construction workers who said that they worked on the new Doha airport and claimed that their rights were not respected. These workers did not claim that they worked for Bechtel directly. Rather, they said that they worked for "manpower supply companies" - companies that provide additional workers to other companies seeking to supplement their workforce in the short or medium term. They asked us not to mention the name of their employer for fear of reprisals.
We will quote excerpts from our interviews with the workers in our soon-to-be-released report to illustrate the problems plaguing the construction sector in Qatar, including with regard to World Cup-related work sites. In our case we interviewed three workers who said they were working on the new airport site and alleged that their labor supply companies did not respect their rights. One of the workers claimed that his employer illegally deducted from his salary, and another said that an intermediary recruited him to work in his country of origin and promised him a different job that he preferred than what he got when he arrived in Qatar, and another said that an intermediary joined the work that arranged for his emigration and promised him a higher salary before he emigrated, and that before leaving he signed a contract written in English, and that he did not understand the content. The three paid recruitment fees in order to get their jobs, and Ayman did not have his passport with him.
We have noted Bechtel's commitments to workers' rights. We know, for example, that Bechtel's Code of Conduct states that "Bechtel does not tolerate activities in support of human trafficking, the use of child labor, or forced labor in the performance and fulfillment of Bechtel contracts, by our employees or subcontractors." And that the company "expects its partners, subcontractors, and suppliers worldwide to, in turn, respect these principles."
We would like to take this opportunity to open a dialogue with your company, and share all of our human rights concerns regarding migrant workers in the construction sector in Qatar. In particular, we would appreciate your response to the following questions, as well as any additional information you would like to provide.
In light of our research documenting the extent of abusive conditions for workers in the construction sector in Qatar, we strongly encourage all companies operating in this sector, including yours, to make a public commitment to respect the rights of all workers associated with their projects and to take concrete measures to prevent, mitigate and address violations of workers' rights. Specific measures we recommend include actions by companies, including yours, to:
We welcome a response to this letter, and your willingness to make the above pledges, as soon as possible in order to reflect Bechtel's position on these important issues in our work on the 2022 World Cup hosted by Qatar. In order to reflect your position in our next report, we require a written response by May 29, 2012.
Sincerely,
Sarahlea Whitson,
Executive Director
Department of the Middle East and North Africa
Human Rights Watch
Response by Bechtel to Human Rights Watch – May 29, 2012
From: Bechtel
To: Sarah Lelawitzen
Executive Director
Department of the Middle East and North Africa
Human Rights Watch
Mrs. Whitson,
Thank you for the letter dated 15 May to Mr. Riley Bechtel, relating to my cell at the new Doha International Airport in Qatar, in which you requested information about the nature of our role in the project and our position on workers' rights in the context of that role. Your letter has been forwarded to me for a response.
Candor Bechtel at New Doha International Airport is a provider of project and construction management services. Bechtel does not have a direct contractual relationship with building contractors and does not employ manual construction labor on its payroll records. Our role is to manage, on behalf of our clients, the construction contractors and subcontractors who employ such individuals.
InPectel, as project manager, establishes the standards, policies, and processes that govern the hiring, placement, and maintenance of the workforce, and the environmental, health, and safety requirements that must be followed on site. These requirements must comply with local laws, regulations, ordinances, but are also, crucially, set out in the [signed] contracts between our client and contractors. Construction contracts require that contractors' plans for camp sites comply with international standards. If contractors do not adhere to these standards, there are mechanisms available in the contracts to enforce compliance.
You asked us about Bechtel's action to ensure that contractors and subcontractors uphold workers' rights, and asked for examples of our actions [in this regard]. When concerns arise regarding safety and labor force issues with contractors, our approach is to proactively address issues directly with the contractor and mediate resolution. The nature of our response will depend on the scale of the problem, but examples of problems could include ensuring that workers’ salaries are paid on time, clean drinking water is available at the work site, hotel and medical facilities adhere to local and international requirements, etc.
Since the start of the project in 2004, only two separate cases of labor disputes have been recorded in the project. These two cases may demonstrate how Bechtel has taken a proactive approach towards promoting workers' rights. In one case, the workers of a subcontractor were involved in a wage dispute with their employer. Again, a contractor had some problems with the generators inside the labor camp, which affected him On air conditioning and lighting. Bechtel stepped in and helped fix the equipment problem quickly.
I would now like to highlight safety as one of the central values that is an integral part of everything we do. As in all our projects, we are constantly working towards the goal of zero accidents to protect the safety of every worker on site. We consider training to be critical to achieving this goal, as an estimated 21.3 million man-hours have been spent on safety training since the inception of the project. With an accident rate better than that of the US construction industry, we believe the safety performance of the new Doha International Airport speaks for itself. In a continuous working period of 107 days in 2011, 42.6 million man-hours were achieved without a single lost time incident.
Bechtel worked throughout the years with our client and other Qatari authorities to establish and protect the standards used in the project. As an example of this, we have worked for years with the Supreme Council of Health to monitor, investigate and resolve any problems with hotel services and medical facilities in the camps, and we have supported joint awareness programs to prevent heatstroke during the hot summer months. BCTL regularly inspects hotel and medical facilities, and these facilities have been subject to direct review by the Supreme Council of Health.
Finally, your letter refers to problems raised by some construction workers working for labor recruitment companies. Like many organizations, we do not claim to have all the answers, but we continue to strive to make a difference in the areas where we believe we will have the greatest impact. We believe that the new Doha International Airport project, he and our client, deserve credit for their efforts to achieve positive working conditions at a construction site that numbered 47,000 workers at its peak last year. Perhaps it is worth mentioning that the airport is now nearing completion and is expected to open later in the year.
I appreciate your intention to provide a reflection of our position in your planned report, and I hope you will find the information presented here useful in this regard.
Sincerely,
Joligreen
Director of Communications
Bechtel Civil Engineering