NHRC Discusses Enhancing Access to Justice for Domestic Workers
Doha, June 16 (QNA) - The National Human Rights Committee (NHRC) and the International Organization for Migration (IOM) organized Monday a high-level panel discussion and roundtable meeting to mark International Domestic Workers Day.
The event, titled "Enhancing Access to Justice for Domestic Workers: Enhancing Legal Support and Strengthening Accountability Mechanisms," featured the participation of the Ministries of Labour and Interior, as well as a number of experts.
In a speech during the opening of the discussion panel, HE Vice-chairperson of the NHRC Dr. Mohammed bin Saif Al Kuwari said that celebrating international, regional, and national human rights days represents a valuable opportunity to review the progress made in addressing human rights concerns and raising awareness of them.
He added that the NHRC seizes the opportunity of the International Domestic Workers Day to continue its efforts in the field of education, awareness, and advocacy with its partners and stakeholders, especially since there are approximately 168,626 people performing domestic work in the State of Qatar, according to the 2022 Labour Force Survey Report issued by the Planning and Statistics Authority in 2023. These people represent 8.39 percent of the total non-Qatari workforce, which has made this work an integral part of our economic and social life in Qatar.
His Excellency pointed out that those workers left their communities in search of livelihood opportunities that would guarantee them a decent living and sustainable development for their communities as well. Protecting the rights of domestic workers, from NHRC perspective, is a protection of human rights guaranteed in the Permanent Constitution of the State of Qatar, which stipulates that Qatari society is based on the pillars of justice, benevolence, freedom, equality, and good morals. These are the basic components that reflect Qatari society's vision of domestic workers, as an integral part of the Qatari family, which is based on the values of giving, respect, and goodness for all its members.
His Excellency emphasized that protecting the rights of domestic workers is a social and cultural priority, and that the Qatari Constitution affirms the principle of equality, the rule of law, human dignity, personal freedoms, and physical safety, and that the State of Qatar has made significant strides in promoting and protecting the rights of domestic workers over the past years, which was reflected in the legal reforms that culminated in the approval of Law No. 15 of 2017 regarding domestic workers.
HE Al Kuwari pointed to the NHRC's important role in protecting the rights of domestic workers as embodied in the international human rights system, analyzing and expanding national best practices, and advocating for the adoption of international best practices.
In turn, Migration Management Officer for the IOM Mission in Qatar Roula Hamati emphasized the importance of this discussion panel, which is the first joint event between the NHRC and the IOM.
She said that domestic workers constitute a vital part of the social fabric and the labour market. They are not only key supporters of families, but also a fundamental pillar of the care economy, contributing to the empowerment of broad segments of society, especially women, to participate economically and socially.
She added that the State of Qatar has made remarkable progress in terms of legislation aimed at protecting the rights of migrants in general, and domestic workers among them as well, as it approved Law No. 15 of 2017 regarding domestic workers, which indicates the specificity of this sector and the importance of regulating working conditions in it, while the labour policy reforms that the state has put in place since 2020, starting with ensuring freedom of movement in the labour market, changing employers, and the minimum wage, constituted a qualitative shift in working conditions and living conditions for hundreds of thousands of workers, including domestic workers.
The panel discussion included three sessions. The first addressed legal processes and institutional frameworks, and featured the following participants: Director of the Legal Affairs Department at the NHRC Nasser Marzouq Sultan Al Marri; Captain Mohammed Nasser Al Jaber from the Search and Follow-up Department (SFD) at the Ministry of Interior (MOI), Dr. Lena Moller from the College of Law at Qatar University, and Chairperson of the Kenyan Domestic Workers Association Margaret Kabue.
The second session, titled "Strengthening Accountability Mechanisms: improving law enforcement and strategic coordination of legal aid, and identifying policy and programmatic recommendations to promote justice," featured a number of officials and experts. The closing session summarized the key points of the panel discussion and its findings, reaffirmed stakeholder commitments, identified next steps, and included concluding remarks from the IOM and the NHRC.
During his presentation, Nasser Sultan Al Marri, Director of the Legal Affairs Department at the NHRC, reviewed the NHRC's role in enhancing access to justice and protecting human rights, offering a set of recommendations to strengthen these efforts and achieve sustainability.
He said that the State of Qatar has paid great attention to workers' rights through a series of legislative reforms. The NHRC has also been granted increased powers and roles to promote and protect human rights with a degree of transparency and independence, through monitoring human rights conditions and making recommendations for their improvement.
He added the 2024 statistics for the number of complaints received by the committee amounted to 1,853 petitions, including those related to domestic workers.
The committee investigated and verified these petitions and coordinated with the relevant authorities regarding their processing.
He noted the support services provided by the NHRC in this area, including receiving reports and urgent appeals via the NHRC's hotlines in five languages (Arabic, English, and Urdu, which in turn includes Hindi, Nepali, and Sri Lankan, in addition to Filipino and Swahili).
For his part, Captain Mohammed Nasser Al Jaber from the Search and Follow-up Department (SFD) at the Ministry of Interior (MOI) said the relationship between domestic workers and those in similar positions and their employers is characterized by a special nature.
It is of a human and social nature due to its connection to the daily lives of both parties.
He said that the State of Qatar has issued legislative tools and laws to regulate and protect this group and achieve justice by providing them with legal protection and support.
He pointed out that several laws and procedures have been issued to guarantee the rights of this group through documented contracts, in addition to imposing procedures and measures to prevent their exploitation or harm and strengthen their legal status.
These include the Domestic Workers Law issued by Law No. 15 of 2017, Law No. 21 of 2015 Regulating the Entry and Exit of Expatriates, and Law No. 15 of 2011 Combating Human Trafficking.
Al Jaber noted that the Ministry of Interior, represented by the Investigation and Follow-up Department, is working to implement the provisions of Law No. 21 of 2015 Regulating the Entry and Exit of Expatriates, ensuring the continued provision of legal support and protection for expatriate workers in general, and domestic workers in particular.
He said that the legislation issued in this regard requires the sponsor to complete the procedures for obtaining and renewing a residency permit within a period not exceeding ninety days.
This obligation is only waived if the sponsor is unable to do so, pursuant to Article 8 of Law No. 21 of 2015 Regulating the Entry and Exit of Expatriates, Paragraph (2).
A residency permit may only be issued with a notarized employment contract certified by the competent authorities.
He noted that the legislation prohibits the withholding of passports and personal documents, pursuant to Article 8 of Law No. 21 of 2015 Regulating the Entry and Exit of Expatriates, Paragraph (3). This is in addition to the payment of the costs and expenses of the worker's return to his or her country (travel tickets), pursuant to Article 19 of the same law.
The sponsor is only waived from this obligation if the worker is still within the warranty period with the recruitment office, in which case the sponsor is referred to the office.
Al Jaber explained that the legislation regulates the procedures for reporting work absences, prohibits the sponsor from abusing his or her authority, and facilitates the worker's safe departure if he or she surrenders and requests voluntary departure.
He added other measures to prevent the exploitation of domestic workers include prohibiting the exchange or transfer of visas in any way outside the framework of the law, prohibiting trafficking in them, and prohibiting employment by anyone other than the recruiter or an unlicensed entity, pursuant to Article 16 of Law No. 21 of 2015 Regulating the Entry and Exit of Expatriates, Paragraph (1).
He pointed out that all relevant authorities in the country share a role in implementing the laws that protect this group, in addition to working continuously to find solutions that prevent infringement of their rights, while maintaining awareness of their commitment to the country's laws and obligations stipulated in the recruitment contract. (QNA)
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