As the global spectacle draws nearer, the campaign that highlights the injustices experienced by workers intensifies. International law provides that all migrant workers are entitled to protection in terms of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Unfortunately, however, migrant workers in Qatar who are building the infrastructure for the 2022 Fédération Internationale de Football Association (FIFA) World Cup are experiencing human rights violations, racism, and discrimination from their employers. Their experience is by virtue of entrapment in the infamous ‘Kafala’ system.
THE ‘KAFALA’ SYSTEM
The Kafala System refers to a legal relationship between an employer (kafeel) and employee (migrant worker). This is a recognised system of law in Gulf Cooperation Council (GCC) countries. In terms of this labour sponsorship relationship, the kafeel binds the migrant worker to a labour contract where the kafeel effectively controls the immigration status of the migrant worker. The employment terms, wages, and accommodation are all unilaterally decided by, and in full control of, the kafeel. Furthermore, the autonomy of the migrant worker is limited to the extent that their passport(s) is confiscated by the kafeel and only returned at their discretion. These working conditions facilitate exploitation of the migrant worker, with minimal avenues for remedy.
EXPLOITATION
As a signatory to six international conventions, a member of the International Labour Organisation (ILO), and in accordance with domestic law – the Qatari government has an obligation to ensure the rights of all migrant workers are protected.
Migrant workers receive their wages months in delay (if they do receive them). It is reported that in some instances the kafeel withholds wages for up to three months. This conduct is in contravention of article 66 of the Qatari Labour Law, which provides that “wages of the workers employed on annual or monthly wages shall be paid at least once in every month.” However, as supported by statistics – 33.9% of workers have not been paid regularly, and kafeel’s are known to deduct wages to recover food, visa fees and, in some instances, medical insurance spent on the employee.
The health and safety of employees are also exploited, particularly in terms of their working hours in these specific working conditions. Qatar is in the desert and is ordinarily one of the hottest countries in the world. Considering this fact, workers are forced to work excessively long hours in conditions conducive to dehydration and heatstroke. The Qatari Labour Law (Ministerial Decree No.16 of 2007) provides for a limitation on the working hours of those employed in construction. The law stipulates that workers may not work for more than five hours outdoors during the summer months (June 15th until August 31st). The government is yet to fulfil its promise of instituting legal action against organisations that fail to comply with this directive.
Freedom of association and collective bargaining are core labour rights of workers. However, in the kafeel system, these rights have once again been infringed upon through prevention – they may not join a national union, nor workers’ committees. Such prevention results in the inability for migrant workers to respond in an organised manner to workplace challenges and exploitation. Hence, the continued exploitation of workers by kafeels, with no accountability.
RESPONSE FROM FIFA
The Worker’s Charter, which was enacted by the Qatari government to improve the working conditions of migrant workers for the 2022 FIFA World Cup, did not result in the reforms sought on the ground. The response to these injustices by FIFA has been delayed and inadequate. FIFA has a responsibility to ensure that migrant workers are remedied for the exploitation experienced since the breaking of ground in 2010. With respect to the physical injuries, wage theft, movement restriction, and confiscated passports – there is pressure from organisations such as FairSquare, Amnesty International, and Human Rights Watch on FIFA to provide financial compensation as a remedy. Moreover, as detailed in the “Predictable and Preventable” report – there are steps that FIFA can follow to ensure compensation totalling 12 years’ worth of human rights violations.
The #PayUpFIFA campaign, initiated by Human Rights Watch, is a global movement which calls on FIFA to compensate migrant workers for all the injustices suffered from the beginning of the infrastructure development in Qatar in 2010. Additionally, Amnesty International has a detailed plan of action that FIFA and Qatar should consider in remedying the 12 years of abuses. The plan is titled “Predictable and Preventable”.
FIFA is culpable for the abuses because when the football governing body awarded the 2022 tournament to Qatar, it was aware of the already questionable human rights record of the country. Yet, they proceeded without due diligence or imposing labour rights conditions. Furthermore, FIFA has a responsibility to adhere to human rights protection by virtue of adopting the United Nations Guiding Principles on Business and Human Rights. Therefore, these guiding principles are contained in FIFA Statutes. FIFA has also employed staff to specifically deal with human rights issues, and has also established a Human Rights Advisory Board, which considers the complaints lodged to it by human rights defenders. According to the FIFA Human Rights Policy, all FIFA bodies and officials are bound to the contents of the document. These steps taken by FIFA are indicative of the organisation’s awareness of human rights issues and its failure to take responsibility for its culpability.
RECOMMENDATIONS
It is imperative that FIFA initiate a comprehensive program to remedy the abuses suffered by migrant workers in Qatar. The remedy must be geared directly towards the victims and their families. Human Rights Watch suggests FIFA set aside at least $400 million to compensate migrant workers and improve worker protections.
To begin the process FIFA should initiate consultations between the organisation and all stakeholders, victims, trade unions, and surviving family members. This process of remedy should be timely, easily accessible, and comprehensive for all affected.
Neil Mugabe holds Bachelor of Laws & Bachelor of Political Sciences (International Studies), respectively, from the University of Pretoria. He has a keen interest in issues relating to international law, human rights, access to justice & sports law.