Modern slavery is a persistent form of evil that has echoed through the ages. It refers to the exploitation of individuals together with restrictions on their freedom of movement through threats of violence and abuse of power. There are more people trapped in slavery today than at any other time in history. This article highlights the abuse endured by migrant workers forced to build the 2022 FIFA World Cup infrastructure in Qatar.
The latest research of the International Labour Organization (ILO) reports that in 2016 more than 40 million people worldwide were victims of modern slavery. It is estimated that 520,000 victims of modern slavery are in the Arab states across the Persian Gulf. The majority of those exploited are migrant workers who work in the private sector.
THE PLIGHT OF MIGRANT WORKERS AND THE 2022 QATAR FIFA WORLD CUP
Since Qatar’s successful bid in 2010 to host the 2022 FIFA World Cup, the country's population has expanded significantly as a result of the increase in migrant workers residing in the Arab State. There are currently over two million migrant labourers in Qatar, many from vulnerable backgrounds in countries like India, Pakistan, Nepal, Bangladesh, and other South Asian nations. To effectively meet the tremendous expectations of the tournament, Qatar embarked on a significant infrastructure programme. A total of £138 billion is projected to be spent on the project, with Qatar’s migrant workers building new stadiums, hotels, rail networks, and a new city. However, beyond these ambitions lies a darker side to the tournament.
Qatar's Kafala “Sponsorship” system has enabled human rights violations of migrant workers by allowing unjust conditions to flourish. Workers often experience feeling trapped in Qatar, with their salaries being retained to prevent them going back home. Migrant labourers also encounter substandard accommodation and endure dangerous working conditions. At the same time, employers confiscate passports and refuse to issue ID cards, effectively applying restrictions on freedom of movement. The obligations placed on migrant workers to repay their debts, coupled with Qatar's measures to prevent them from leaving, has amounted to forced labour and human trafficking, according to Amnesty International.
A report released by the International Trades Union Confederation (ITUC) estimated that 1,200 workers have died since 2010 due to their working conditions. Using new data uncovered by Qatar's government statistics, the ITUC forecast that a further 7,000 worker fatalities can be expected before the unveiling of the tournament. In comparison, the 2014 Sochi Winter Olympics in Russia claimed 60 deaths and the 2004 Athens Olympics in Greece saw 40 killed. Yet, Qatar refuses to publicly announce the exact causes of death and the actual death toll. The ITUC asserts that the previous figures advanced are drastically underestimated.
COMPLICITY OF FIFA AND OTHER WORLD CUP AUTHORITIES IN ABUSES
Qatar's successful bid for the 2022 World Cup was from the onset accompanied by controversy and criticism. The main concerns were that allegations of corruption and bribery could potentially ruin the image of the tournament. Sepp Blatter, former president of FIFA, accepted that choosing Qatar was a “mistake,” but made no mention of the human rights violations in the construction industry. His concern over the heat on summer days in Qatar, rather than the working conditions of migrant workers, shows that FIFA's priorities are in the wrong place. The European Parliament has responded to FIFA's deafening silence on the exploitation of migrant workers in Qatar. They have since passed a resolution demanding that FIFA acts on the reports of workplace brutality by sending a strong message to Qatar on the allegations of modern slavery.
Qatar boasts the highest GDP per capita in the world, with a twelve-figure sovereign wealth fund. As such, it couldremunerate all of its workers. FIFA and other World Cup authorities must no longer remain silent on the matter. Instead, they should use the World Cup-related leverage to drive forward human rights reform as opposed to simply paying lip service to the remediation of worker rights. As Stephen Cockburn, Deputy Director of Global Issues at Amnesty International, says, "Time is running out if the Qatari authorities want to deliver a legacy we can all cheer–namely a labour system that ends the abuse and misery inflicted upon so many migrant workers every day.”
ROOT CAUSES OF ABUSE IN THE KAFALA SYSTEM
The sponsorship or Kafala system, entrenched in Law No.4 of 2009 (the Sponsorship Law), is a means by which unethical employers in Qatar have exercised control over their foreign workforce. The system ultimately increases the dependency of migrant workers on sponsors who under the law are often their employers. The law effectively restricts the rights of migrant workers as they cannot change jobs without the permission of their employers or freely move back to their home countries. This is at the very heart of the abuse experienced by construction workers in Qatar.
However, the Arab state has recently made meaningful strides in addressing the issues surrounding the Kafala system. On 16 October 2019, the Council of Ministers of the State of Qatar endorsed new legislation ending the No-Objection certificate requirement and allowing workers to change employers freely. By providing a one-month written notice, employees who have worked for less than two years can leave their job, and a two-month notice is required if they have worked for longer. The Council of Ministers also endorsed legislation that establishes the first non-discriminatory minimum wage in the Middle East.
The two new reforms were announced by the Emir of Qatar, Tamim bin Hamad al-Thani, in October 2019 and were signed into law in August 2020. As of 8 September 2020, the new labour reform measures have introduced a monthly minimum wage of 1,000 Qatari riyals (£211) plus basic living allowances for some workers.
Although impactful, the legislative reforms alone cannot effectively instigate change. Human Rights Watch published a report in August 2020 claiming that wage abuse and illegal wage deductions persist widely. Amnesty International has also asserted that the minimum wage remains too low, as low wage workers will still be earning as little as £1 an hour. Worse yet, the new laws still enable employers to cancel and renew residence permits. As such, workers are easily coerced as employers can manoeuvre outside the new rules. To make a significant difference, the Qatari government must enforce the new laws more effectively while also ensuring that wages are regularly reviewed and increased.
MORE MUST BE DONE TO PREVENT MODERN SLAVERY IN QATAR
The recent legislative reforms are only a small step in the right direction. Migrant workers in Qatar continue to die every year due to unknown causes as the government fails to investigate fatalities. Trade unions are still unheard of, and workers continue to pay illegal agent fees, allowing employers to leverage their debts for personal gain.
Qatar's government must not only monitor employers but also change the culture left behind by the Kafala system by educating workers on their rights so that exploitation is not common practice. With Qatar signalling its intentions to host the 2032 Olympics and Paralympics, it is imperative that sporting authorities set a new precedent for the construction industry with those failing to comply facing prosecution.
International and regional pressure is equally crucial. Countries around the world and across the Persian Gulf must hold Qatar accountable so that the 2022 World Cup does not conceal the suffering of migrant workers.
Milad is a Legal Advisor at the Ministry of Justice UK, currently completing his training at Willesden Magistrates Court. He is also a Strategy & Engagement Director at CASEDO. He received his Call to the Bar in November 2019, aspiring to forge a career as a barrister. He is interested in socio-economic matters concerning the Middle East, as well as justice law & history.