Qatar

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16. Qatar GENERAL, POLITICAL AND LEGAL OVERVIEW Unlike many other countries in the Middle East, Qatar faced very little domestic dissent in 2014. However, the need to introduce new legislations safeguarding human rights is still very much needed. Qatar joins many other Gulf States in its ratification of the antiterror convention. Due to the vague and broad definitions of ‘terrorism’, the Government is, in effect, able to imprison anyone who opposes its authority or law.

Qatar’s bid to host the 2022 FIFA World Cup has resulted in an influx of migrant workers to construct and prepare the associated infrastructure.

As a result, Qatar has been heavily criticised for its human rights violations towards migrant workers, who lack basic legal protection.

HUMAN RIGHTS VIOLATIONS Social and economic rights •

Migrant workers

Over the past decade, Qatar has become host to a rising number of migrant workers from Asia and Africa.

However, international organisations

have documented many human rights violations towards migrant workers including forced labour, withholding salaries, a lack of basic health and safety measures in the workplace and a lack of compensation for working overtime.

Qatar’s Law 14 of 2004, which regulates labour in the private sector, continues to be flouted by employers who act with total impunity on account of the failure of the authorities to enforce this, as well as other, pertinent laws.

Employers have exploited the Kafala (sponsorship) system to blackmail migrant workers and obtain concessions. Although Article 38 of the Qatari Constitution guarantees the right of all citizens to leave the country, Article 26 of Law 4 of 2009 stipulates that migrant workers must obtain an exit permit from their sponsor before travelling abroad.

Consequently, employers are known to regularly take control of migrant workers’ passports, making it impossible for them to leave the country. The Kafala system ties the migrant worker to his/her sponsor preventing him from obtaining a new job without the sponsor’s permission or, in extraordinary circumstances, a Ministry of Interior permit. Sponsors may report their employee to the authorities in cases where they leave without permission or when they fail to pay to renew their workers’ annual ID cards. Lack of proper documentation leaves migrant workers at risk of arrest, detention or deportation and/or further labour exploitation.

124 Migrant workers are also prohibited from taking part in strikes or joining unions, despite the fact that they make up more than 99% of the private sector workforce. They are also required to pay high fees to recruitment agencies.

The Government have failed to take any practical steps towards protecting migrant workers from paying exorbitant fees to recruitment agencies. Human rights organisations have documented many complaints from migrant workers including the failure to pay wages and/or late payments. Many migrant workers, predominantly those without documentation, are forced to live in camps that are cramped, unsanitary and lack ventilation.

Many human rights organisations are targeted for their investigations into the abuse of migrant workers.

For example, on 31st August 2014, Qatari authorities detained two British researchers: Krishna Upadhyaya and Ghimire Gundev. Upadhyaya and Gundev, claim to work for the Global Network for Rights and Development, and were in Qatar investigating the conditions of migrant workers (our sources indicate this is a ficticious organisation funded by a Gulf country with a political agenda). They were released 11 days after their arrest and authorities claimed they had been held for “breaking the law”.

According to Human Rights Watch, the FIFA World Cup 2022 is a golden opportunity for Qatar to improve its labour laws and put an end to forced

labour and reported human trafficking.

The right to freedoms of the press and expression •

Expression

A new draft of the Information and Media Law could further curtail freedom of expression in Qatar and cast doubt on their claim to be the centre for media freedom in the region. Although the new draft law does not criminalise media activities, Article 53 prohibits the dissemination of information that could damage Qatar’s relations with Arab and foreign countries, or insult the ruling family in a manner that damages national interests. Those convicted of such charges could face up to US $275,000 in fines.

In addition to this, on 15th September 2014, Qatar issued a law “on the suppression of cyber-crimes”, which poses a clear threat to freedom of expression. Vaguely worded provisions provide for the prosecution of individuals who publish “false news with the intent of endangering the public order” and who use the internet for terrorist activities. Anyone found guilty of such charges could face up to 3 years imprisonment and a fine of up to US $140,000.

Several incidents occurred in 2014 in relation to the crackdown on freedom of expression including the case of Mohammed al-Ajami, a Qatari poet, who was sentenced to

125 life imprisonment for writing a poem which authorities claimed was an insult to the Emir and encouraged an overthrow of the ruling family. The sentence was later reduced to 15 years.

There have been reports that al-Ajami is being held in solitary confinement.