QATAR - Driving around Doha, the capital of Qatar and by far the most prosperous country in the Middle East or West Asia, any visitor gets the feeling that the country is in a mighty big hurry to develop on the lines of the West, or even better. All across the capital, buildings and skyscrapers are springing up in all sizes and shapes – some ungainly, others architectural masterpieces. Little wonder because this country is fast outpacing any other of its neighbours and aiming to offer some of the best sporting facilities in the world, among other developments.
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| Migrant workers at the airport |
During a visit at the end of December last year as part of a team to study migration trends and a new openness by the authorities to ensure the rights of migrant workers in line with local laws, the city was buzzing with activity. Construction was at every nook and corner as the nation prepares to stage the World Cup soccer tournament in 2022 and also, eventually, bid for the Olympics.
Ambitious indeed but the authorities are working towards a moderate society, a more democratic model and, as far as Sri Lanka, is concerned, better protection of migrant workers.
Migration experts
The Sri Lankan experts were joined by migrant worker specialists from the Philippines and Nepal and in the many conversations with migrant worker groups from Bangladesh, the Philippines and Nepal discovered that with the huge infrastructure taking place the demand for jobs will rise exponentially, particularly in the construction and professional categories – a boom to countries like Sri Lanka which is encouraging skilled and semi-skilled migration for work.
Qatar is wealthy by virtue of being the world’s biggest LNG (Liquified Natural Gas) exporter. Beginning with the Asian Games in 2006, the country has pulled out all the stops to host more than 27 world-class events a year and the world cycling classic - Tour de France scheduled for 2016.
To some extent protected by larger LNG reserves, the country is not too affected by turbulent oil prices. The ride to the successful bid to clinch the rights to host the world’s most popular sporting event – the World Cup soccer tournament – has not been easy given the Middle East’s reticence towards human and fundamental rights issues relating to nationals and foreigners.
Progressive workers’ rights agency
However the National Human Rights Committee (NHRC) is a progressive state agency working towards protecting the rights of local and foreign workers within prescribed labour laws, and a positive development for all Asian migrant workers. This is also a way of showing the world that the protection of human rights and the furtherance of the UN conventions are as good as in any other country. However the Commission hasn’t dealt with domestic worker issues as labour laws don’t cover domestic work, until recently.
In recent months - in another positive move to prove to the Western world that everyone has equal protection under Qatari law – are plans to protect foreign domestic workers, a first-time in the Arab world.
Nowhere in the Arab world are there laws that govern domestic workers, especially women working in households where are most of the problems facing Sri Lankan female migrants occur for a combination of reasons.
The proposed new law has provision for the Government authorities to send inspection teams to households to check on working conditions and other requirements that are specified under the contract. Violators (employers) will be penalized.
Protecting domestic workers
NHRC officials said the law is close to the final stage of getting the necessary approvals and its implementation would see the first such attempt by an Arab nation (since the flow of human capital to this part of the world from Asia in the 1970s during the oil boom) to ensure the protection of domestic workers. All other categories of workers outside households are generally protected by labour laws which apply to both local and foreign workers.
Qatar’s GDP per capita grew to over US$70,000 per annum in 2010 completely outstripping countries like the US at $45,000 and many others and heading for $100,000 in a few years’ time as the wealth pot grows.
Its Human Development Index is 50 % higher than any other Arab state illustrating that the country has turned its oil wealth into human wealth.
The population of 1.6 million people is made up of just over 385,000 Qataris and a majority of migrant workers including Indians ( 24%); Nepali - 16%; Filipino - 11%; Sri Lankan 5%; Bangladeshi - 5%; Pakistani - 4%, etc.
The number of Nepal workers is seen rising from 100,000 three years ago to about 300,000 in the next, few years as the demand for low-cost construction workers grow.
Qatar second to Saudi in jobs
In terms of Sri Lanka, Qatar – due to its new-found wealth and rapid development - is the second largest source of employment after Saudi Arabia.
The number of female Sri Lankan domestic workers however is far less in Qatar (6,210) than Saudi Arabia (42,906- 2009 figures). The trend of fewer Sri Lankan domestic workers in Qatar is expected to continue since Qatar has a small local population, and the Sri Lankan government is pushing for more male and skilled migration to the Middle East.
The discussions between migrant specialists from Asia centered mostly on non-domestic categories of workers as community leaders (or NGOs like the US-based Solidarity Centre which organised the trip) doesn’t have access to homes where domestics work.
One of the disappointing features as far as Sri Lankan workers are concerned is that the Solidarity Centre which is trying to bridge the gap between the NHRC and migrant worker communities, is that Sri Lankan community leaders are not present or doesn’t take part at these debates/discourses with the Solidarity Centre despite repeated requests. One of the reasons is that most of these meetings are during weekend days and Sri Lanka community leaders are reluctant to take a day off. Thus the Centre has a problem is reaching out to this community, SC officials in Qatar said. However leaders from other communities are finding the time to attend these meetings and its imperative that the Sri Lankan mission finds a way to persuade local groups to attend or even send a mission official as a representative since the NHRC is a welcome entry in the discourse over rights, and now particularly in the case of domestic workers, and such an opportunity must not be missed.
Non-Qataris worse employers
Other revelations were that Qatar nationals are not the worst employers as one would assume; it was non-Qataris and foreigners like Egyptians (construction sector).
Passports of workers are often kept by the employer though the law says such a move is illegal. The NRHC has a comprehensive handbook of worker rights (all non-domestic categories) which clearly says all passports must be returned to the worker once residence formalities are completed.
Most of the issues faced by workers (construction) are contract issues (non-payment of contracted wages, off-days, leave, working hours, etc), duplicate contracts, ‘buying’ visas and accommodation conditions. Delays by the employer is finalizing the resident visa/permit for the worker is also a problem and leads to many issues.
Some of the issues raised by migrant worker community representatives at the end-of-tour workshop with the NHRC for the Asian specialists were that legal issues and/or proceedings in court or another state body should be in another language in addition to Arabic.
It was also suggested that in case of the award of compensation, the complainant-worker should be permitted to nominate another person (or embassy) to collect the payment on his behalf if he or she has left the country.
The issue of female migrants often coming to Qatar on visit visas and then getting jobs by a ‘buying’ a visa, was raised as it led to many problems including trafficking and prostitution.
Booklet for domestic workers
The NHRC is also preparing a booklet to be given to domestic workers listing out their rights, obligations and the law that governs their kind of work, on arrival at the Doha International airport.
The state agency said it was interested in entering into MoUs with civil society groups from labour sending countries, another step forward in the protection of Sri Lankan and other migrant workers.
With the demand for jobs rising in Qatar in the next few years as the country heads towards hosting the World Cup soccer event and bids for other mega events, there is a need for Sri Lankan authorities to study these opportunities for jobs and better understand the labour market needs.
Call for study on job prospects
The need for a study of the opportunities in the next few years is a priority. For example if Qatar in the years 2015-2020 needs 2,000 carpenters; 500 cooks; 400 engineers’ 100 doctors’ 300 accountants, etc – this data can enter the planning of the country’s economy and provide useful information for planners on employment.
This planning is also useful in the context of a new issue emerging in Colombo that Sri Lanka while promoting skilled migration has not focused on the demand and shortage of skilled workers at home where the private sector is complaining of a shortage as the economy grows in the post-war era. These issues have been raised by senior corporate executives lamenting that while the conflict saw a sharp rise in the number of professionals going overseas, the state promotion of professionals and skilled workers for foreign jobs as a foreign exchange revenue measure to the country is dampening Sri Lanka’s growth in the post-war era.
There is a need for the authorities to take stock of the situation vis-à-vis the human resource capital available and the quantum that could be encouraged to venture abroad, so that Sri Lanka’s post-war development path is not stifled.
Eventually a study (of all major labour receiving countries) would be useful and provide a solid foundation for Sri Lanka to build on its skills reservoir and have an employment and jobs-creation data for 10-20 years.
| Passport must be returned to the worker |
Here are some of the main features of the NHRC handbook for workers (applies to nationals and expatriates but excludes domestic workers):
*Make sure that you’re well aware of the nature of the job, salary and residence through signing an initial contract with the contractor or seek registration details about the company or work place you are joining.
*Any verbal agreements you make with the employer before coming to Qatar will have no legal binding whatsoever and can be easily violated after your arrival, therefore you must insist on acquiring your own work contract directly before you start work, on the previously mentioned conditions.
This will protect you from facing one of the following:
(a)Exploitation by employer, ask to perform duties not agreed on.
(b)Giving you a salary less than what has been agreed on, or not paying your salary for many months.
(c)Not providing the appropriate accommodation agreed on with the employer, or providing accommodation not according to what has been agreed on.
*It is illegal for Qatari contractors to charge you a fee or expenses for bringing you to work in Qatar.
*It is illegal to work in Qatar without a written and signed contract between you and your employer; this can cause many troubles. However if the employer refuses to sign a contract, you can prove your employment status by all kinds of proof.
*A medical examination to ensure that you are fit for work is repeated in Qatar. You will be expelled by Qatari authorities if the medical examination finds you unfit.
*Passport: It is not legal for the employer to keep your passport. It should be given back to you upon completion of residence or residence renewal procedures.
*If there was no contract between you and your employer, you can prove that you have worked for him by your salary transfer to the bank; your signature on salary receipt, and testimony by your colleagues and other legal methods
*Working hours: Eight hours daily is the standard, with one hour rest period in between for prayer, lunch etc. The rest period is not included as part of actual work hours. In Ramadan, it is six hours with rest period in between, not included as part of actual working hours.
*It is legal to work extra hours, provided the total hours do not exceed 10 hours, unless there is a necessity that calls for continuous work to prevent huge loss, or to repair or lessen the effects of an accident.
*You receive payment for any overtime you work.
*Friday is your usual weekly holiday, except for shift workers. It is legal to make you work on a Friday if work conditions necessitate that, on condition that you are paid for it equivalent to your basic salary and compensated for your day off with another day.
*Your annual paid vacation is as follows: Three weeks if your service period is less than five years, and four weeks if your service period is five years or more.
*The minimum legal age of employment is 16 years with the father or guardian’s consent.
*Disability compensation: The employer should pay disability compensation within 15 days from the date a worker is proven to be disabled, or the conclusion of investigations supporting disability because of work.
*Employer should pay death compensation to court treasurer, within 15 days of death or the date of conclusion of investigations supporting the cause of death as related to work.
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