A/HRC/44/44/Add.1
developments. The Independent Expert notes that the daily life of migrant workers is still
challenging. Furthermore, immense inequalities persist between employers and migrant
workers.
C.
Domestic workers
37.
Protections for (usually female) migrant domestic workers continue to lag behind
those for other foreign workers. Domestic workers face distinct and extreme difficulties.
Despite improvements introduced in law, migrant domestic workers, like a large proportion
of the migrant workforce, remain excluded from the continued application of the NonObjection Certificate, which requires the approval of employers for a domestic worker to
change jobs. In practice, many domestic workers still do not enjoy any rest days as prescribed
by law, and the law is not clear about whether they have to stay indoors during the rest days
to which they are entitled. Furthermore, moving to a different or higher-paying job remains
a challenge for most domestic workers. The domestic workers with whom the Independent
Expert spoke stated that many domestic workers continued to work as many as 16 hours a
day, with few realistic forms of recourse to protest, despite such conditions being clearly
prohibited by State laws. Many workers are denied mobile telephones by their employers,
which hinders their access to the outside world; some employers even deny domestic workers
their medical cards. In the absence of robust monitoring and inspection mechanisms,
domestic workers remain a particularly vulnerable and largely invisible category.
D.
Temporary minimum wage
38.
In November 2017, Qatar introduced a temporary minimum salary of QR 750 (around
$200) per month.29 While this measure is a step in the right direction, as highlighted also by
the mandate holder in his end of mission statement, the Independent Expert hoped a
permanent minimum wage would be significantly larger, non-discriminatory and apply to all
sectors of the economy. The State’s resources and wealth should allow it to set a minimum
wage that ensures decent and fair remuneration to all workers. The minimum wage should
therefore be reviewed regularly and accompanied by solid mechanisms to identify and hold
accountable employers who do not comply with it.
E.
Non-Objection Certificate
39.
Despite welcome amendments, further improvements are required for the NonObjection Certificate. First and foremost, a robust and independent system to monitor the
actual ability of migrant workers to change jobs at any time and to hold accountable
individuals or companies that do not comply is required. While the Non-Objection Certificate
is by law free, the Independent Expert heard accounts that some companies charge employees
a fee for its issuance, a fact that highlights the need for strong independent monitoring.
F.
Access to justice
40.
The Independent Expert was informed that access to justice in cases where the rights
of migrant workers, including those of domestic workers, have been violated continued to be
a serious challenge. This has been the case for different reasons, including the lack of legal
aid in civil matters (legal aid is available only in criminal cases), language barriers during
encounters with the police or while attempting to file a complaint at the Ministry of Labour,
and general uncertainty among many migrants of how to seek justice or redress. Some
reported a lack of adequate protection for workers who file complaints against employers.
Too many migrant workers are still scared to file complaints for fear of retaliation by
powerful employers, as many of those who have filed complaints have been deported at the
initiative of their employers, or are prevented from working. Migrant workers must be able
to enjoy full access to justice no matter who their employer is. The complaint processes
29
10
“Qatar to introduce minimum wage for workers”, The Peninsula, 25 October 2017.
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