A/HRC/44/57/Add.1 monitor and ensure contractors’ compliance with regulations, especially during the dangerously hot summer months.41 41. Although there have been impressive reforms in Qatar, serious challenges remain. In 2019, the Committee on the Elimination of Racial Discrimination expressed concern that the existing entry, exit and residence law allowed the kafala system to continue operating in practice. 42 The Special Rapporteur concurs with this assessment. Domestic workers still require exit permits to leave the country. Stringent measures remain in place limiting migrants’ ability to change employers. Migrant workers may transfer employers, but must wait a period of five years if their contract does not specify duration of employment. Such provisions continue to foster exploitation. 42. Following her visit, the Special Rapporteur was informed that the legal reforms aimed at establishing a non-discriminatory minimum wage, and eliminating the “no objection” certificate, allowing workers to change employers after an initial probationary period, are still pending. She regrets the delay in their adoption. The Special Rapporteur welcomes the adoption of Decision No. 95 of 2019 of the Minister of the Interior, on regulations and procedures regarding the exit of some categories of workers who are not subject to the Labour Law. The Decision, which went into effect on 16 January 2020, removes the exit permit for domestic workers, government and public institution employees (with the exception of military employees), and employees in the fishing, agriculture and extractive sectors. This is an important legal reform that eliminates a key obstacle that previously prevented domestic workers and others omitted from the 2018 exit permit law from exercising their right to leave the country. 43. Nonetheless, Decision No. 95 of 2019 has significant shortcomings. For example, it requires domestic workers to provide their employers with 72 hours’ notice prior to their departure from employment and/or the country. This notice requirement applies only to domestic workers, and the immense power imbalances between them and their employers raise grave concerns that this unique requirement may become yet another avenue for abuse of domestic workers. 44. The Special Rapporteur emphasizes that enforcement, compliance and implementation are critical to addressing labour exploitation and improving the lives of migrant workers. Even where laws have been changed, implementation remains a serious challenge.43 For example, confiscation of migrant workers’ passports is now prohibited, but the practice continues for some, including domestic workers. This is in part due to a loophole in Law No. 21 of 2015 that allows employers to retain travel documents if the migrant worker consents in writing. And, although labour dispute resolution committees have made a difference, they remain too few and continue to face practical limitations. Significant delays occur and cases are not settled within the three-week period specified in law. According to data provided by the Ministry of Administrative Development, Labour and Social Affairs during the visit, the committees have received 4,949 complaints, of which 2,781 have resulted in rulings in favour of workers. The committees dismissed 1,250 cases because the worker did not appear in court, yet there is good reason to believe that non-appearance is linked to workers’ fear of reprisal or, in other instances, the inability of workers to take time off work for proceedings without risking their employment. Workers who received favourable judgments also reported that they had a hard time reclaiming unpaid wages.44 These challenges all require urgent attention and action. 41 42 43 44 Ibid. CERD/C/QAT/CO/17-21, para. 15 (a). See also Human Rights Watch, “Qatar: end all migrant worker exit visas” (September 2018), available at www.hrw.org/news/2018/09/06/qatar-end-all-migrantworker-exit-visas; and Amnesty International, “Qatar: partial abolition of ‘exit permit’ lifts travel restrictions for most migrant workers” (September 2018), available at www.amnesty.org/en/latest/ news/2018/09/qatar-exit-system-reform-first-step/. Human Rights Watch, “Qatar: migrant workers strike over work conditions” (August 2019). Available at www.hrw.org/news/2019/08/08/qatar-migrant-workers-strike-over-work-conditions. See Amnesty International, All Work, No Pay. 11