A/HRC/44/57/Add.1
27.
Low-income (and even high-income) migrant workers reported that salaries greatly
depended on their countries of origin, such that workers performing the same tasks often
earned significantly different salaries. This is partly due to poor labour regulations
regarding pay equity,23 but, as mentioned above, national origin discrimination and racial
and ethnic stereotyping also contribute to the problem. For example, despite possessing
professional degrees, some migrant workers reported being relegated to low-income jobs
most commonly linked to and occupied by workers of their racial or ethnic group.
28.
Low-income migrant workers also reported facing prohibitive hurdles when seeking
to change employment due to the requirements of “no objection” certificates, which
employees must secure from their sponsoring employer before they can legally terminate
their employment and seek alternatives.24 Under Law No. 21 of 2015, an employee who
leaves her employment without a “no objection” certificate is required to leave the country,
or face detention and deportation. During the visit, the Special Rapporteur noted that a
climate of fear affected the ability of migrants, especially domestic workers, to lodge valid
and even pressing complaints against employers for labour violations due to reasonable
concerns that employers could retaliate by reporting employees to authorities on false
claims of “absconding”.
B.
Domestic workers
29.
Among low-income migrant workers, many domestic workers, who are
predominantly women, confront distinct and extreme difficulties in Qatar, and face multiple
and intersecting forms of discrimination, including extreme human rights violations due to
their gender, nationality, temporary worker status and low income. 25 The Special
Rapporteur received reports that it is not uncommon for domestic workers to be confined
by their employers – Qatari and non-Qatari alike – to the private homes in which these
women work. Many are subjected to harsh working conditions: excessively long workdays
with no rest and no days off; passport and mobile phone confiscation; physical and social
isolation; and, in some cases, physical, verbal or sexual assault by employers and their
teenage or adult children. The Special Rapporteur heard testimonies from domestic workers
who reported being denied food for prolonged periods, being regularly forced to subsist on
leftovers or insufficiently nutritious food, and, in some cases, starvation. Two sub-Saharan
domestic workers testified regarding their experiences of chilling and horrifying sexual
abuse – one reported being regularly raped by her male employer for over a year, before she
was able to escape from his home. The Government must take urgent action to ensure that
egregious violations such as these are brought to an end.
30.
The decision to create a separate law (No. 15 of 2017) to govern the rights of
domestic workers, 26 rather than include them under the Labour Law (No. 14 of 2004), 27
which applies to other migrant workers, has further marginalized domestic workers. Law
No. 15 of 2017 offers lower levels of protections than the Labour Law. Higher limits on
daily work hours, lower requirements to provide breaks and rest days, and no paid sick
leave requirements, for example, place domestic workers at a relative disadvantage,
continuing global and historical trends of gendered discrimination against migrant domestic
workers.
31.
The disparate treatment under the law exacerbates the social exclusion of domestic
workers. Whereas the Labour Law provides for a maximum 8-hour workday, the domestic
workers law stipulates a maximum 10-hour workday. Furthermore, although the law
pertaining to domestic workers states that the workday should be interspersed with breaks,
23
24
25
26
27
8
See Human Rights Watch, “Domestic workers’ rights in Qatar” (2018). Available at
www.hrw.org/news/2018/06/26/domestic-workers-rights-qatar.
See Amnesty International, All Work, No Pay: The Struggle of Qatar’s Migrant Workers for Justice
(London, 2019). Available at www.amnesty.org/download/Documents/
MDE2207932019ENGLISH.PDF.
See, for example, CEDAW/C/QAT/CO/2, para. 15.
Available from www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=105099&p_
count=8&p_classification=22.
Available from www.ilo.org/wcmsp5/groups/public/---ed_protect/---protrav/--ilo_aids/documents/legaldocument/wcms_125871.pdf.
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