Human trafficking in Qatar

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Qatar is a transit and destination country for men and women subjected to trafficking in persons, specifically forced labor and, to a much lesser extent, forced prostitution. Men and women from Nepal, India, Pakistan, Bangladesh, the Philippines, Indonesia, Vietnam, Sri Lanka, Ethiopia, Sudan, Thailand, Egypt, Syria, Jordan, and China voluntarily travel to Qatar as laborers and domestic servants, but some subsequently face conditions indicative of involuntary servitude. These conditions include threats of serious physical or financial harm; job switching; the withholding of pay; charging workers for benefits for which the employer is responsible; restrictions on freedom of movement, including the confiscation of passports and travel documents and the withholding of exit permits; arbitrary detention; threats of legal action and deportation; false charges; and physical, mental, and sexual abuse. In some cases, arriving migrant workers have found that the terms of employment in Qatar are wholly different from those they agreed to in their home countries. Individuals employed as domestic servants are particularly vulnerable to trafficking since they are not covered under the provisions of the labor law. A small number of foreign workers transit Qatar and are forced to work on farms in Saudi Arabia. Qatar is also a destination for women who migrate and become involved in prostitution, but the extent to which these women are subjected to forced prostitution is unknown. [1] Children have been used in Qatar and other Gulf countries as camel jockies. Most children are trafficked from Africa and South Asia. This practice has ceased in most areas though. [2] [3] Workers have been forced to work in bad conditions; their salaries are sometimes withheld. [4]

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The Government of Qatar does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. The government took steps to implement its sponsorship law, including through the granting of an exit permit to one migrant laborer without permission from his sponsor. Although the government has not yet enacted necessary anti-trafficking legislation, during the reporting period it reaffirmed its commitment to this goal over the next year. Despite these efforts, the government did not show evidence of overall progress in prosecuting and punishing trafficking offenders and identifying victims of trafficking. The U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 2" in 2017. [5]

Prosecution

The Government of Qatar made minimal efforts to investigate and prosecute trafficking offenses during the reporting period. Qatar does not prohibit all acts of trafficking, but it criminalizes slavery under Section 321 and forced labor under Section 322 of its criminal law. The prescribed penalty for forced labor – up to six months’ imprisonment – is not sufficiently stringent. Article 297 prohibits forced or coerced prostitution, and the prostitution of a child below age 15, even if there was no compulsion or redress; the prescribed penalty is up to 15 years’ imprisonment, which is commensurate with penalties prescribed for other serious crimes, such as rape. The government has yet to enact a comprehensive trafficking law as anticipated during the last year, though it has reaffirmed its commitment to do so over the coming year, a commitment underscored by its ratification of the 2000 UN TIP Protocol in April 2009. The government reported the prosecution of sex trafficking offenders, but did not provide additional details. An unconfirmed report indicated four traffickers were charged with fraudulently issuing visas to workers whom they then exploited. Two were reportedly deported, and two were reportedly convicted. The government neither confirmed nor denied the existence of this case. The government-established but independent Qatar Foundation for Combating Human Trafficking (QFCHT) and the Human Rights Office of the Ministry of Interior conducted a workshop on the legal, social, and security dimensions of trafficking. Participants included police officers, Internal Security Force staff, and others. The police academy trained police officers on the identification of trafficking victims and procedures to refer victims to Qatar's trafficking shelter. QFCHT also provided training for prosecutors and judges on how to manage trafficking cases. [1]

Protection

Qatar made minimal progress in protecting victims of trafficking during the reporting period. Although health care facilities reportedly refer suspected abuse cases to the government's anti-trafficking shelter for investigation, the government lacked a systematic procedure for law enforcement to identify victims of trafficking among vulnerable populations, such as foreign workers awaiting deportation and women arrested for prostitution; as a result, victims may be punished and automatically deported without being identified as victims or offered protection. The government reported the MOI has a process by which it refers victims to the trafficking shelter; however, this process was underutilized in practice. The trafficking shelter assisted 24 individuals during the reporting period and provided them with a wide range of services, including full medical treatment and legal and job assistance. While this was an increase in the number of individuals served over the past year, it was not confirmed that all were trafficking victims. It was unknown how many of those cases were the result of law enforcement referrals. During the reporting period, the shelter assisted five victims in filing civil charges against their employers. The shelter also assisted one victim in filing criminal charges against her sponsor for sexual abuse under Articles 296 and 297. A criminal court convicted the sponsor and sentenced him to five years imprisonment. Qatar commonly fined and detained potential trafficking victims for unlawful acts committed as a direct result of being trafficked, such as immigration violations and running away from their sponsors, without determining whether the individuals were victims of trafficking. Most potential victims remain in deportation centers for weeks or months pending resolution of their cases, but some remain in centers for up to one year. This prolonged period often depends on when an employer will approve an exit visa, but it also depends on pending resolution of their cases or retaliation for seeking to recover unpaid wages or request a new sponsor. Some employers and sponsors threatened victims in an attempt to keep them from seeking legal redress. Domestic workers are not permitted to file civil suits against their employers under the labor law since they are not covered by it. Civil suits can only be filed for failure to meet the financial obligations of the sponsor toward domestic help; in practice, civil suits are rare. [1]

Qatar sometimes offered temporary relief from deportation to enable victims to testify as witnesses against their employers. However, victims were generally not permitted to leave the country if there was a pending case. The government did not routinely encourage victims to assist in trafficking investigations or consistently offer victims alternatives to removal to countries where they may face retribution or hardship. [1]

Prevention

Qatar made modest progress in preventing trafficking in persons during the reporting period. The QFCHT continued to produce and distribute informational anti-trafficking brochures and posters in several targeted languages, gave radio and television interviews, produced commercials in regional media outlets, and launched a media campaign entitled “No to Trafficking.” The QFCHT distributed a circular to all applicable departments in the Ministry of Interior and other applicable ministries in an effort to raise government awareness about the trafficking victim status of workers who willingly migrate to Qatar and are subsequently subject to forced labor. In March, Qatar hosted a two-day regional workshop meant to establish a dialogue between scholars, government officials, and stakeholders to discuss regional and international efforts to combat trafficking in persons and how to help victims. [1]

While the government made no apparent effort to amend provisions of Qatar's sponsorship law – enacted in March 2009 – to help prevent the forced labor of migrant workers, the government did start to enforce other parts of the law to the benefit of migrant workers. One provision in the sponsorship law continues to require foreign workers to request exit permits from their sponsors in order to leave Qatar. Although this may increase migrant workers’ vulnerability to forced labor, the law created a new process through which a laborer who was not granted an exit permit due to a sponsor's refusal or other circumstances could seek an exit permit by other means. While this process is burdensome, the government reported the Ministry of Interior granted two workers – one of whom was a laborer – exit permits without permission of their employers since the passage of this law. Furthermore, four individuals temporarily transferred their sponsorship without approval from their previous employer; it was unclear whether they were white-collar workers or blue-collar laborers – a group vulnerable to trafficking. While the sponsorship law criminalizes the withholding of passports, passport confiscation was still a common practice; employers often made their employees sign waivers allowing them to hold passports. Although the sponsorship law requires an employer to secure a residence card for laborers within seven days, reports indicated that this often does not happen. Migrant workers need residence cards to get access to low cost health care, to lodge complaints at the labor department, and for increased protection from abuse of the legal process by their employers. [1]

On December 12, 2016, International labour organization (ILO), Qatar officially announced the abolition of the sponsorship system (Kafala), but the law was implemented in 2018. The decision to replace Kafala system was to improve the living conditions and protect the rights of the expatriate workers. To better the living conditions and safeguard the rights of the expatriate workers, it was decided to replace the Kafala system with an employment contract.The abolition of sponsorship system was one of the several reforms implemented to strengthen the labour market in Qatar. According to the law a migrant worker is free to exit and enter Qatar without obtaining prior permission from the employer and workers are also allowed to change their jobs without the objection certificate from their employer. [6] Qatari government also introduced minimum wage system and wage protection system which assures the basic minimum wage to the workers regardless of their nationality. [7]

The government worked with labor attachés from South Asian countries to resolve cases of labor disputes via conflict mediation. However, Qatar restricted foreign government access to its nationals after labor concerns were raised. Qatar has a national plan of action to address trafficking in persons, but did not publicly disseminate the plan or take steps to implement it during the reporting period. The government did not undertake any public awareness campaigns aimed at reducing the demand for commercial sex acts in Qatar, but the government did utilize public awareness campaigns, involving radio, television, newspapers, and sermons at mosques, targeting citizens traveling to known child sex tourism destinations abroad. The Qatari government ratified the 2000 UN TIP Protocol in April 2009. [1]

See also

Related Research Articles

Efforts to crack down on human trafficking in Russia focus not only on the men, women, and children who are illegally shipped out of Russia to undergo forced labor and sexual exploitation in other countries, but also those who are illegally brought into Russia from abroad. The Government of the Russian Federation has made significant progress in this area over the past decade, but a report commissioned by the United States Department of State in 2010 concluded that much more needed to be done before Russia could be taken off its Tier 3 watchlist. U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 3" in 2017.

Syria is a destination and transit country for women and children trafficked for commercial sexual exploitation and forced labor. A significant number of women and children in the large and expanding Iraqi refugee community in Syria are reportedly forced into commercial sexual exploitation by Iraqi gangs or, in some cases, their families. Similarly, women from Somalia and Eastern Europe are trafficked into commercial sexual exploitation. Russian, Ukrainian, and Belarusian women recruited for work in Syria as cabaret dancers are not permitted to leave their work premises without permission, and they have their passports withheld—indicators of involuntary servitude. Some of these women may also be forced into prostitution. Anecdotal evidence suggests that Syria may be a destination for sex tourism from other countries in the region. In addition, women from Indonesia, the Philippines, Ethiopia, and Sierra Leone are recruited for work in Syria as domestic servants, but some face conditions of involuntary servitude, including long hours, non-payment of wages, withholding of passports, restrictions on movement, threats, and physical or sexual abuse. Syria may also be a transit point for Iraqi women and girls trafficked to Kuwait, the United Arab Emirates (U.A.E.), and Lebanon for forced prostitution. The Government of Syria does not fully comply with the minimum standards for the elimination of trafficking and is not making significant efforts to do so. Syria again failed to report any law enforcement efforts to punish trafficking offenses over the last year. In addition, the government did not offer protection services to victims of trafficking and may have arrested, prosecuted, or deported some victims for prostitution or immigration violations.

The United Arab Emirates is a destination country for men and women that are mostly trafficked for the purposes of labor and prostitution. U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 2" in 2017.

The state of human rights in Qatar is a concern for several non-governmental organisations, such as Human Rights Watch, which reported in 2012 that hundreds of thousands of mostly South Asian migrant workers in construction in Qatar risk serious exploitation and abuse, sometimes amounting to forced labour. Awareness grew internationally after Qatar's selection to stage the 2022 FIFA World Cup, and some reforms have since taken place, including two sweeping changes in 2020.

The Hong Kong Special Administrative Region (HKSAR) of the People’s Republic of China is a destination and transit territory for men and women trafficked for the purposes of commercial sexual exploitation and forced labor.

Indonesia is a source, transit, and destination country for women, children, and men trafficked for the purposes of commercial sexual exploitation and forced labor. The greatest threat of trafficking facing Indonesian men and women is that posed by conditions of forced labor and debt bondage in more developed Asian countries and the Middle East.

Jordan is a source, destination, and transit country for adults and children subjected to forced labor and, to a lesser extent, sex trafficking. Women from Southeast Asia and East Africa voluntarily migrate to Jordan for employment among the estimated 50,000 foreign domestic workers in the country; some domestic workers are subjected to forced labor. Many of these workers are unable to return to their home countries due to pending criminal charges against them or due to their inability to pay overstay penalties or plane fare home. Some migrant workers from Egypt—the largest source of foreign labor in Jordan—experience forced labor in the construction, service, and agricultural sectors. Syrians may face forced labor in the agricultural sector, while some refugee children are subjected to the worst forms of child labor. Men and women from throughout Asia migrate to work in factories in Jordan's garment industry where some workers experience forced labor. Jordan's sponsorship system places a significant amount of power in the hands of employers and recruitment agencies, preventing workers from switching employers or receiving adequate access to legal recourse in response to abuse. Some Sri Lankan women engaged in prostitution in the country may be trafficking victims.

Kuwait is a destination and transit country for men and women for forced labor and commercial sexual exploitation. Men and women migrate willingly from Bangladesh, India, Pakistan, Sri Lanka, Nepal, Indonesia, and the Philippines to work as domestic servants or low-skilled laborers. Upon arrival, however, some are subsequently subjected to conditions of forced labor, such as restrictions on movement, unlawful withholding of passports, non-payment of wages, threats, and physical or sexual abuse. In addition, some women are forced into commercial sexual exploitation; for example, some female domestic workers are forced into prostitution after running away from abusive employers or after being deceived with promises of jobs in different sectors. Kuwait is also a transit country for South and East Asian workers recruited by Kuwaiti labor recruitment agencies for low-skilled work in Iraq; some of these workers are deceived as to the true location and nature of this work, while others willingly transit to Iraq through Kuwait, but subsequently endure conditions of involuntary servitude in Iraq. Some Kuwaiti nationals reportedly travel to destinations including Morocco, Egypt, Afghanistan, Pakistan, India, and Bangladesh to engage in commercial sex acts.

Lebanon is a destination for Asian and African women trafficked for the purpose of domestic servitude, and for Eastern European and Syrian women trafficked for the purpose of commercial sexual exploitation. Lebanese children are trafficked within the country for the purpose of commercial sexual exploitation and forced labor in the metal works, construction, and agriculture sectors. Women from Sri Lanka, the Philippines, and Ethiopia migrate to Lebanon legally, but often find themselves in conditions of forced labor, through unlawful withholding of passports, non-payment of wages, restrictions on movement, threats, and physical or sexual assault. During the armed conflict in July 2006, Sri Lankan domestic workers reported being restricted from leaving the country by their employers. Eastern European and Syrian women come to Lebanon on "artiste" visas, but some become victims of trafficking for commercial sexual exploitation when they are subjected to coercive acts such as unlawful withholding of passports, restrictions on movement, threats, and physical assault. Since the refugee crisis in Syria, the sex trade and trafficking of Syrian girls and women has increased in Lebanon.

Antigua and Barbuda is a destination country for a small number of women from Guyana, Haiti, Jamaica, and the Dominican Republic subjected to trafficking in persons, specifically forced prostitution. To a lesser extent, it is reportedly also a destination country for women subjected to involuntary domestic servitude in private homes. Business people from the Dominican Republic and Antiguan citizens acting as pimps and brothel owners subject foreign women to forced prostitution primarily in four illegal brothels that operate in Antigua as well as in private residences that operate as brothels. Some of these foreign women voluntarily migrate to Antigua to engage in prostitution but are subsequently subjected to force or coercion and become victims of sex trafficking. After their arrival, brothel managers confiscate their passports and threaten the victims with deportation until they repay the brothel owner for travel and other expenses they were not aware they had incurred. Some other foreign victims of sex trafficking enter the country legally with work permits as “entertainers” then are subsequently forced to engage in prostitution.

The Bahamas is a destination country for men and some women from Haiti and other Caribbean countries who are subjected to trafficking in persons, specifically forced labor, and, to a lesser extent, women from Jamaica and other countries who are in forced prostitution. Haitian trafficking victims are most likely to migrate to The Bahamas voluntarily, but subsequently be subjected to forced labor in agriculture, domestic service, or forced prostitution. Some employers coerce migrant workers – legal and illegal – to work longer hours, at lower pay, and in conditions not permitted under local labor law by changing the terms of employment contracts, withholding travel documents, refusing transportation back home, threatening to withdraw the employer-specific and employer-held permits, or threatening to have the employee deported through other means. Traffickers reportedly lure Jamaican and other foreign women to the Bahamas with offers of employment in the tourism and entertainment fields and subject the women to forced prostitution after their arrival. The Ministry of Education is investigating allegations that some high school girls in Eleuthera may be involved in a prostitution ring. This report is the only indication that Bahamian citizens may be victims of human trafficking.

Bahrain is a Source and destination country for men and women subjected to trafficking in persons, specifically forced labor and forced prostitution. Men and women from India, Pakistan, Nepal, Sri Lanka, Bangladesh, Indonesia, Thailand, the Philippines, Ethiopia, and Eritrea migrate voluntarily to Bahrain to work as domestic workers or as unskilled laborers in the construction and service industries. Some, however, face conditions of forced labor after arriving in Bahrain, through use of such practices as unlawful withholding of passports, restrictions on movement, contract substitution, non-payment of wages, threats, and physical or sexual abuse.

Botswana is a source and destination country for women and children subjected to trafficking in persons, specifically forced labor and commercial sexual exploitation. Parents in poor rural communities sometimes send their children to work for wealthier families as domestics in cities or as herders at remote cattle posts, where some of these children are vulnerable to forced labor. Batswana girls are exploited in prostitution within the country, including in bars and by truck drivers along major highways; it does not appear, however, that organized pimping of children occurs. In the past, women reported being forced into commercial sexual exploitation at some safari lodges, but there were no similar reports during this reporting period. Residents in Botswana most susceptible to trafficking are illegal immigrants from Zimbabwe, unemployed men and women, those living in rural poverty, agricultural workers, and children orphaned by HIV/AIDS. Some women from Zimbabwe who voluntarily, but illegally, migrate to Botswana to seek employment are subsequently subjected by their employers to involuntary domestic servitude. Botswana families which employ Zimbabwean women as domestic workers at times do so without proper work permits, do not pay adequate wages, and restrict or control the movement of their employees by holding their passports or threatening to have them deported back to Zimbabwe.

Oman is a destination and transit country for men and women, primarily from India, Pakistan, Bangladesh, Sri Lanka, the Philippines, and Indonesia, some of whom are subjected to trafficking in persons, specifically conditions indicative of forced labor. Most of these South and Southeast Asian migrants travel willingly to Oman with the expectation of employment in domestic service or as low-skilled workers in the country's construction, agriculture, or service sectors. Some of them subsequently face conditions indicative of forced labor, such as the withholding of passports and other restrictions on movement, non-payment of wages, long working hours without food or rest, threats, and physical or sexual abuse. Labor recruitment agencies and their sub-agents in migrants’ original communities in South Asia, as well as labor brokers in the United Arab Emirates (UAE), Oman, and Iran, may deceive workers into accepting work that in some instances constitutes forced labor. Many of these agencies provide false contracts for employment either with fictitious employers or at fictitious wages, charge workers high recruitment fees at high rates of interest, and urge workers to enter Oman on tourist visas. Oman is also a destination and transit country for women from China, India, Morocco, Eastern Europe, and South Asia who may be forced into commercial sexual exploitation, generally by nationals of their own countries. Male Pakistani laborers, and others from India, Bangladesh, Sri Lanka, and East Asia, transit Oman en route to the UAE; some of these migrant workers are exploited in situations of forced labor upon reaching their destination.

Iraq is both a source and destination country for men, women, and children subjected to trafficking in persons, specifically forced prostitution and forced labor. Iraqi women and girls, some as young as 11 years old, are subjected to conditions of human trafficking within the country and in Syria, Lebanon, Jordan, Kuwait, the United Arab Emirates, Turkey, Iran, and possibly Yemen for forced prostitution and sexual exploitation within households.

Malaysia is a destination and a source and transit country for women and children subjected to trafficking in persons, specifically conditions of forced prostitution and for men, women, and children who are in conditions of forced labour.

Human trafficking in Brazil is an ongoing problem. Brazil is a source country for men, women, girls, and boys subjected to human trafficking, specifically forced prostitution within the country and abroad, as well as a source country for men and boys in forced labor within the country. The United States Department of Homeland Security, describes human trafficking as "the use of force, fraud, or coercion to obtain some type of labor or commercial sex act."

Brunei is a destination, and to a lesser extent, a source and transit country for men and women who are subjected to trafficking in persons, specifically forced labor and forced prostitution. Men and women from Indonesia, Malaysia, the Philippines, Pakistan, India, Bangladesh, China, and Thailand migrate to Brunei for domestic or other low-skilled labor but sometimes face conditions of involuntary servitude upon arrival. There are over 88,000 migrant workers in Brunei, some of whom face debt bondage, non-payment of wages, passport confiscation, confinement to the home, and contract switching – factors that may contribute to trafficking. There were credible reports of nationals from South Asian countries subjected to nonpayment of wages and debt bondage in Brunei for up to two years to pay back foreign recruitment agents. Some of the 25,000 female domestic workers in Brunei were required to work exceptionally long hours without being granted a day for rest, creating an environment consistent with involuntary servitude. There are reports of women forced into prostitution in Brunei, and reports that women arrested for prostitution attest to having been victims of trafficking. Brunei is a transit country for trafficking victims in Malaysia, including Filipinas, who are brought to Brunei for work permit re-authorization before being returned to Malaysia.

<span class="mw-page-title-main">Kafala system</span> System used to monitor migrant laborers in Arab countries

The kafala system is a system used to monitor migrant laborers, working primarily in the construction and domestic sectors in Gulf Cooperation Council member states and a few neighboring countries, namely Qatar, Bahrain, Kuwait, Lebanon, Oman, Saudi Arabia and the United Arab Emirates.

Migrant workers in the Gulf Cooperation Council region involves the prevalence of migrant workers in the Kingdom of Bahrain, the State of Kuwait, the Sultanate of Oman, the State of Qatar, the Kingdom of Saudi Arabia and the United Arab Emirates (UAE). Together, these six countries form the Gulf Cooperation Council (GCC), established in 1981. The GCC cooperates on issues related to economy and politics, and the subject of migrant workers constitutes a substantial part of the council's collaboration. All of the GCC countries are dependent on migrant labor to bolster and stimulate economic growth and development, as the GCC countries possess an abundance of capital while the domestic labor capacity is low. Although migrant workers in the Persian Gulf region amount to no more than 10% of all migrants worldwide, they constitute a significant part of the populations of their host countries.

References

  1. 1 2 3 4 5 6 7 "Qatar". Trafficking in Persons Report 2010. U.S. Department of State (June 14, 2010). PD-icon.svg This article incorporates text from this source, which is in the public domain .
  2. ↑ "UAE defies ban on child camel jockeys". The Independent. 2010-03-03. Retrieved 2022-11-29.
  3. ↑ "US lauds Qatar law banning children as camel jockeys". gulfnews.com. Retrieved 2022-11-29.
  4. ↑ "Migrant workers in Qatar left in debt after being ordered home before World Cup starts". the Guardian. 2022-09-22. Retrieved 2022-11-29.
  5. ↑ "Trafficking in Persons Report 2017: Tier Placements". www.state.gov. Archived from the original on 2017-06-28. Retrieved 2017-12-01.
  6. ↑ "Overview of Qatar's labour reforms". www.ilo.org. 2022-04-07. Retrieved 2022-08-23.
  7. ↑ "Qatar: Significant Labor and Kafala Reforms". Human Rights Watch. 2020-09-24.
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