Exploitation of Migrant Workers in GCC (Qatar) Breaking the Reticence by Aljazeera, AFP & Amnesty Issues on Protecting Labor Rights
Exploitation of
Migrant Workers in GCC (Qatar) Breaking the Reticence by Aljazeera, AFP &
Amnesty Issues on Protecting Labor
Rights
Article 23 and 24 of UDHR states, “Everyone has right to work, to free
choice of employment, favorable condition of work without any discrimination,
has the right to equal pay for equal work and favorable renumeration for
him/herself and family as well as right to rest and leisure, including
reasonable limitation of working hours and periodic holidays with pay”.
The growing trend of so called as modern slavery in contemporary world is
reflects the violation of migrant laborers denying their human rights at destination
countries. This essay will critically visualize the current issues of labor
migrants and their human rights exploitation especially in GCC especially in
Qatar ahead of World Cup 2022.
Labor migration in today's world has become common. Globalization has
created an enormous space in international job opportunities, especially, for
people of developing countries living below poverty line. But the foremost
query is whether these migrant workers after landing on employer country
receives the same working rights as per their citizen or not? The most heated
debate in today’s scenario is abuse of migrant workers in middle east (Hassan
& Houdmont, 2014). Thousands of migrant workers mostly from Asia and Africa
works as a domestic worker under “kafala System” giving massive
economic growth under vulnerable condition. All those aspects of human rights
below UNDHR that comes under labor migration are deprived in middle-east.
Despite of uncountable role migrant laborers are playing in sustaining
economies of Gulf states, they are facing huge inequality, brutal exploitation
along with living in dehumanization environment (Kymlicka & Pfostil, 2014).
The kafala system developed in 1950s as a means of regulating labor
immigration to Arab states with the “economic objective” of providing
“temporary rotating labor that could be rapidly brought into the country in
economic boom and expelled during less affluent periods” (Coulom, 2013). Kafala
regarded as one of the most labor exploitative system which denies migrant workers
their right to get transferred from abusive sponsors and if they go against it,
there is a maximum chance of seeing as a trouble maker which makes these
workers risk in losing legal status ending in deportation. Kafala is a
sponsorship system which regulates residency and employment of workers in GCC
countries giving full authority of visa status as well as economic and legal
rights to sponsor. Irudaya Rajan 2014, argues that, there is many undocumented
migrant laborers “due to the malpractices of the employers such as refusal to
release passport or denial of consent to switch jobs. Migrant laborers are not
only facing humiliation but largely exploited in terms of low wages. Likewise,
the fate of migrant laborers is in the hand of sponsors granted by kafala
system. In one of the reports of UN, it is written that “Kafala System is said
to balance the interests of both parties, namely the employer and the migrant.
Employers pay for the recruitment of the migrant and therefore feel that the
migrant is an investment they need to hold on to (UN, 2014).
The kafala system is criticized from human rights and social work
perspectives in a way that employers think and feel of those laborers in terms
of controlling over their rights is an inhuman. How can one-p erson snatch
every single right of other? Just providing an employment and paying salaries
means you possess natural rights to keep human as a bonded laborer! It’s
absolutely against an international human rights and labor law. Even though
there are different laws and policies regarding labor rights, but GCC countries
especially Qatar however has, own policies regarding domestic migrant laborers.
According to report of UN General Assembly 2013, Qatar has not adhered to
the protocol against the smuggling of migrants by sea, land and air
supplementing the United Nation Convention against Transnational Organized
Crime. the Convention relating to the Status of Refugees and its protocol, the
Convention on the Reduction of Statelessness, or International Labor Organization
(ILO) Conventions No. 97 concerning Migration for Employment (1949), No. 143
concerning Migrations in Abusive Conditions and the Promotion of Equality of
Opportunity and Treatment of Migrant Workers (1975), No. 87 concerning Freedom
of Association and Protection of the Right to Organize (1948), No. 98
concerning the Application of the Principles of the Right to Organize and to
Bargain Collectively (1949), No. 189 concerning Decent Work for Domestic
Workers (2011), or No. 181 concerning Private Employment Agencies (1997). In
spite, country has main law governing migration in Law no. 4 of 2009 Regarding
Regulation of Expatriates’ Entry, Departure, Residence and Sponsorship(the
Sponsorship Law). Article 18 provides that each expatriate granted an entry visa
to Qatar shall have a sponsor. Apart from women sponsored by the head of the
family, minors and visitors staying 30 days or less, all expatriates may only
leave the country temporarily or permanently on submission of an exit permit
granted by the residence sponsor. The Labor Law of 2004 regulates the
employment of all workers, except certain excluded categories (including
domestic workers). The Sponsorship Law of 2009 replaced a law from 1963 and
includes some positive legislative developments, such as the provision which
made it illegal for sponsors to confiscate passports. It alsoallows for a
change of sponsor in certain cases and provides that the Ministry of Interior
can provide an exit permit if the sponsor who refuses to do so cannot bring a
court case against the migrant (UN,2014).
Despite of reforming the law, for migrant laborers, the country remained
backward in terms of practicing. Fresh example can be taken of latest decision
from FIFA to organize 2022 World Cup in Qatar. Situational analysis and study
carried out by Amnesty International found various ways in which labor being
exploited ahead of Qatar World Cup 2022. According to report by the human right
watch dog Amnesty International World Cup construction sites continue to suffer
from abuse and exploitation. Even though organizers have placed special
requirements on contractors to end this violation, but in ground scenario the
reality alters. Workers on those sites still live under Qatar repressive
sponsorship system giving an autocratic weapon to abuse them (Amnesty
International, 2017). The violation continues to take place within a year after
the report of Amnesty International. They exposed the company involved in
building infrastructure for 2022 WC which took advantage of Kafala sponsorship
to exploit migrant laborers. Issue was about the salaries of workers. The
company failed to pay the wages equivalent to thousands of dollar and benefits
which again raises the concern for workers already living devastated (Amnesty
International, 2018). Not only they are denied of wages but are being subjected
to potentially life-threatening heat and humidity. This is all because of the
negligence of concerned authorities in Qatar and they have refused to publicize
the information and proper investigation of death. HRW says hundreds of workers
die every year in summer due to limited mid-day breaks which is insufficient.
Not only these, the final report of Guardian Investigation revealed the death
of migrant workers from heart failure or workforce accidents. Many workers have
said they are forced to work in continuously for long hours without supply of
drinking water by employers. The investigation found sickness is endemic among
workers living in overcrowded and insanitary conditions, and hunger has been
reported. Having an immense wealth but poor working condition, The Guardian
reports that migrant workers from Asia and Africa are unable to protect their
life due to extreme heat and long working hours.
Amnesty International report by interviewing 132 contractors working to
build Khalifa International Stadium reported abuses of human rights in all
sorts of form. In one of the interviews, worker who said they are pressurized
to live in squalid accommodation are unable to return to their home country
because of passport being held and moreover of huge recruitment fees which they
have taken as a loan. The report from Amnesty found with the interviewer that
their passport confiscated, and most people reported their wages being paid 3
to 4 months arrears. According to the guardian, it is also found that there was
evidence of workers being threatened with non-payment of wages, being deported
or conversely not being allowed to leave Qatar because their employer would not
provide an exit permit.
Following are some of the examples of Human Rights Violation with Migrant
Labors in Qatar.
Above visual report from Aljazeera shows the ground reality of migrant
workers brutal condition in Qatar. One of the workers says that he along with
his 30 colleagues has not received the pay for 3 months. Being helpless in such
situation they cannot even return to their own country because of financial
issues. The answer these workers are searching about how can they support their
families without getting paid for 3 months. They are only able-bodied member
among the family to earn money and support for their day to day life along with
clearing the debt they have possessed while taking a job in Qatar. Video also
reveal the unfavorable and shocking living condition. Denied of electricity,
water, and proper air conditioning minimum of 6 men are living in single room.
Similarly, kitchen facility seems to be horrible with no proper utensils and
cleaning equipment. Mistreatment of workers simply disgraced article number 23
of UDHR everyone has right to work in favorable condition with favorable
remuneration ensuring for himself and his family.
Above tragic video by AFP shows the coffin of Nepalese migrant workers
coming back in home. Nearly hundreds young blood leaves country and among those
huge numbers land on Qatar for labor work building infrastructure ahead of WC
2022. Another side of the story is that, there is high mortality rate in Qatar
for labor migrants. According to the video, 360 Nepalese workers have died in
Qatar said by Government of Nepal. One migrant worker said, he nearly died when
his legs were crushed in workplace accident. Meanwhile, the Qatari employers
refuse to pay any compensation. Therefore, he took them to court and secured
handsome money for the damaged which he faced. According to him, thousands of
workers are living in harsh condition back in Qatar working 18-19 hours a day
without proper basic requirements to survive in extreme heat conditions. Now,
such condition seriously violates article number 24 of UDHR which states tight
to rest and leisure, including reasonable limitation of working hours and
periodic holidays with pay.
Workers, not only from Nepal are losing their lives but from India,
Bangladesh and from African nations as well. The report published my YKA,
writes about the death of 54-year-old Indian worker working in building the
stadium in Qatar due to heart attack. The stat given by the report says that
between 2014-2016, 270 workers lost their lives every year and the huge concern
is only over vulnerable conditions. Such videos and report are the dismantling
examples of human rights violation killing the sedulous migrant workers.
The oil boom in 50s and 60s in Arabian Gulf parked rapid development which
put a demand on labor due to the limited population in the Gulf witnessed a
tremendous influx of Indian migrant laborers (Shihada, 2016). They relied on
imported labor mostly from South Asia for balancing labor deficit. With growing
time and development in early 21st century, there was a division
between nationals and non-nationals because of urbanized city. Workers who
build those cities with their own hand were forced to live on their
peripheries. Hiring foreign workers in low status sectors of the economy allows
countries to fill the low rungs of society with foreigners without creating
sharp class divides within their own local population (Weiner, 1990). Because
the GCC countries were newly independent, there were often few mechanisms to
ensure protection for laborers. Migrant workers are mistreated throughout every
stage of the immigration process, by the recruiting agencies in their home
countries, the GCC governments themselves, and by their employers. The reality
of the lives of migrant laborers are not simply characterized by harsh working
conditions, but injustices that deny this portion of the population basic human
rights. The rest of this section is dedicated to discussing these injustices
and discriminations and how they create a cycle of debt and misery for the
South Asian demographic in the GCC. Initially, recruiters arrange employment
contracts, apply for worker visas in the destination country, and purchase air
travel. If a migrant is not able to pay the recruitment fees him or herself or
with the help of friends and family, he or she can take a loan with staggering
interest rates from the recruitment agency (Human Rights Watch 2006). Although
contract is signed for fixed wages and free accommodation in home country,
Employers often switch the terms of contract upon arrival to the destination
country, which include much lower wages and poorer living conditions than they
were promised by the agent in their home country (Human Rights Watch 2006). The
downfall of migrant laborers from starting time of their recruitment is because
of absence of proper policy as well as illiteracy among them keeping them in a
margin of vulnerability. Therefore, Unskilled migrant laborers in today's world
are most vulnerable groups who are entangled by vicious circle of poverty,
labor rackets, corruption among government of both sending and receiving
countries. Although the policy is developed in favor of migrant workers in
receiving countries, but they are not being acted. Due to the absence of
concerned organizations ending the exploitation of migrant workers are not in
the top agenda of either sending or receiving countries (Auwal, 2010).
Mostly, the GCC countries hire labor from Asian and African nations. The
reason behind this is the Asian workers are less expensive, more flexible in
work along with less politically dangerous. Many researches have shown that
migration in gulf has become compulsion rather than choice. Indeed, increasing
capitalist market, less job opportunity in developing country and burden of
supporting huge family member left with no option for young generation rather
than migrating towards gulf countries which opens the door for receiving
countries to exploit these workers brutally. Currently, Qatar host for 2022 WC
is importing huge numbers of labors mostly from South Asia for building
infrastructures and stadiums. Tied in Kafala sponsorship, recruiters are
exploiting them violating article 23 and 24 of Universal Declaration of Human
Rights. Although Qatari officials promise to amend the system and make
favorable environment for the migrants, but it is just belying. Therefore,
watchdog of human rights Amnesty International along with other organization
are protesting regarding issues of migrant workers giving their life in
building infrastructure for Qatar.
References
Amnesty International, 2017. Abuse of migrant workers remains widespread in
world cup stadium hosts first match
Amnesty International, 2018. Unpaid and abandoned: the abuse of mercury MENA
workers
Auwal, Mohammad. 2010. Ending the exploitation of migrant workers in the
gulf
Coulom, Michael. 2013. Employment and Entitlement in the GCC: A world-system
analysis of disrupted development
Hamza, Sara. 2015. Migrant labor in the Arabian Gulf: A case Study of Dubai,
UAE
Hamza, Sara. 2014. Migrant labor in the Arabian Gulf
Hassan, H.A. & Houdmont, J. 2014. Health and safety implications of recruitment
payments in migrant construction workers
Human Rights Watch. 2006. Building Towers, Cheating Workers: Exploitation of
Migrant Construction Workers in the United Arab Emirates. New York: Human
Rights Watch
Kymlicka, W. & Pfostl, E. (Eds). (2014). Multiculturalism and minority
rights in the Arab world. UK: Oxford University Press
Rajan, S. I. (Ed). (2014). Indian migration report2012: Global financial
crisis, migration and remittances. New Delhi: Routledge
Shihada, Isam. 2016. Kafala system and its impact on migrant laborers in
Benyamin Daniels Goat Days. An-Najah Univ. J. Res. (Humanities). Vol.30(10).
2016
UN, 2013. Promotion and protection of all human rights, civil, political,
economic, social, and cultural rights, including the right to development:
Report of the Special Rapporteur on the human rights of migrants
Weiner, Myron. 1990. “Immigration: Perspectives from Receiving Countries.”
Third World Quarterly 12 (1): 140-165
About Author
Subesh Raj Panta
Master of Social Work (Federation University, Australia), master's in
development studies (College of Development Studies). One of the Nepal’s
Professional Social Scientist and Development Worker worked as a Logistics
Manager for “Sunaula Hazar Din Project” funded by World Bank & intern at
Australian Landcare International as well as Aussie Action Abroad. Keen in
motivating youth’s to be in home land for generating agricultural output
leading towards food self-sufficiency and building economy for the country.
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