qatar’s kafala challenge; when ‘changes’ are implemented, will anything change at all_ _...

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Shiva SinghJuly 12, 2014

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Qatar in Focus

Qatars Kafala challenge; When changesare implemented, will anything change atall?

Over the last fortnight, Qatar has continuously been the focus ofinternational news, little of which has been positive. Briberyallegations surrounding its successful FIFA 2022 bid, Talibanleaders being released to Qatar, and the continuing criticism ofits labour laws.With the last at least, Qatar had shown some progress, when it proposed changes to its severely-criticised Kafala systemon May 14. The changes announced were not significant enough, and is pending both the cabinets approval and theQatar Chamber of Commerce and Industrys blessings. But it was no doubt a move in the right direction, sticking closelyto all the recommendations made by the law firm DLA Piper. The firm was entrusted with the task of looking intoallegations of abuse of labour rights.

Even at that point, many rights activists were concerned that even those change didnt go far enough, that it might just bea new name for old, exploitative practices.

However, a recent announcement by the Minister of Labour and Social Affairs Dr Abdullah bin SalehMubarak Al Khulaif i , provides more cause for concern.

Speaking at the recent International Labour Conference in Geneva, he said that changes would be implemented soon, andthat both the NOC and Exit Permits would be decided in the contract the worker signs. This in effect means, nothingchanges from the current Kafala or sponsorship system.

The table below illustrates how little might actually change, even if the changes on the three main issues (sponsorship,NOC, exit permits) are approved by both the cabinet and QCCI.

Current System Current Challenges Proposed Changes New Challenges

Kafala system(sponsorship system),

This gives theemployer almost

Kafala or sponsorship system will bereplaced with a system based on

From the limited information that was shared,it appears that little may change.For the period

VaniSaraswathiOn June 8,2014

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3 Comments

July 18, 2014, 3:04 pm

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TAGS KAFALA MIGRANT RIGHTS MIGRANT WORKERS IN QATAR

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whereby an employeeis tied to his employer

(company orindividual).

unlimited power overhis/her employee.

Those who fall in thelow-income, unskilledgroup, and domestic

workers categories aremost vulnerable

employment contracts. of the work contract that could be anywherebetween one to five years, the employers willcontinue to have complete control over theirforeign employees, not so dissimilar from the

current kafala system.

NOC or NoObjection

Certificate. As perlaw, an individual canswitch jobs only if anindividual employer

chooses to give arelease or NOC, but isnot required to do so

by law.

Even if the contract isviolated by way of non-

payment of wages or otherkinds of abuse, the

employee cannot changejobs unless the employer

deigns to provide an NOC.

NOC (No Objection Certificate) willbe replaced by an employment

contract, and employees can changejobs at the end of contract. If

contract is for indefinite period, thenafter 5 years. A new model contractwill be shared with companies soon,

that includes new terms andconditions.

However, the Ministers recent statementseems to be at odds with what was proposed

last month.(See below)

Exit Permit.Noexpatriate (except

wives, daughters andminor sons sponsoredby the husband) can

leave the countrywithout the sponsors

permission.

This violates the mostrudimentary human

rights, where freedom ofmobility, is curtailed.

Exit permits throughautomated system (Metrash 2)

and doesnt require employersapproval.The exit permit will be

issued by the Ministry of Interior andnot by the employer. However, there

will be a 72-hour wait period foremployer to raise any objections

he/she might have.

The exit permit stays. Only the issuing authoritychanges.Moreover, the Minister of Social andLabour Affairs, however, said in Geneva:Thecontract will decide whether a worker needsexit permit or not to leave the country. And

whether he gets no-objection certificate to takeup another job at the end of the contractwould also be decided by this contract.

(See The Peninsula report in English.)

After last months announcement, Amnestys James Lynch had said: The government claims it is abolishing thesponsorship system, but this sounds like a change of name rather than substantive reform. In particular, it remainsunclear how proposed reforms to the exit permit will work in practice, and whether under the new proposal employerswill retain the ability to object to workers leaving the country.

But after the Ministers statement in Geneva, Lynch feels that those proposed Qatari labour reforms may be even lesssignificant than first thought.

Without a question labour law reforms are closely linked to Qatars desire to hold the World Cup, but its needs for thelarge labour force does not hinge on football alone. There is infrastructure to be developed, a country to be built. This isa great opportunity for Qatar to prove its detractors wrong, and do the correct thing. After all, the rights (and dreams) ofa million plus low-income workers depends on it.

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Comments

June 8, 2014

Mr. Q

In some cases the new NOC system is worse.Unlimited contract means the term is at least 5 years.

Where before it was a fixed 2 years.So if you worked for a business for 1 year, got a better offer, youd have to wait it out for 4 years instead of theprevious 2.

June 9, 2014

Mr. Anonymous

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The changes that they said was a bulls**t they just wanted to continue enslaving others because they dontlike other nationalities to be superior to them. All i can say is, the law that they have right now is so stupid tothe point that companies are abusing it. Better change your laws Qatar if you want your country to progress.

June 10, 2014

fathima

in present employers asking lot of money for NOC.this is really breaking human rights.much better to approvethe new law for the health of country and workers.otherwise qatar promises remain as broken.

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qatar’s kafala challenge; when ‘changes’ are implemented, will anything change at all_ _...

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