CAT/C/QAT/CO/3
(c)
Ensure that procedural safeguards against refoulement are in place and
that effective remedies are available with respect to refoulement claims in removal
proceedings, including review by an independent judicial body concerning rejections,
in particular on appeal;
(d)
Consider ratifying the Convention relating to the Status of Refugees, the
Protocol relating to the Status of Refugees, the Convention relating to the Status of
Stateless Persons and the Convention on the Reduction of Statelessness.
Abuse of migrant workers
39.
The Committee notes with regret that, despite the information provided in the State
party’s report indicating the removal of the kafalah system (sponsorship), the new labour
law does not abolish exit permits for migrant workers, including female domestic workers,
who still have to obtain their employers’ permission to leave the country, which frequently
leads to exploitation and abuse. Moreover, the de facto confiscation of passports by
employers and their failure to renew foreign workers’ residence permits and health cards
expose them to arrest and detention for unlawful presence in the country. In this regard, the
Committee welcomes the agreement signed between Qatar and the International Labour
Organization with a view to establishing a technical cooperation programme,1 within which
the Qatari Government has committed to align its laws and practices with international
labour standards (art. 16).
40.
The State party should:
(a)
Adopt the necessary legislative measures to abolish the abusive
sponsorship system, in cooperation with the International Labour Organization;
(b)
Take measures to ensure that all instances of exploitation and abuse of
migrant workers are promptly and impartially investigated.
Detention pending deportation
41.
While acknowledging the measures taken by the State party to reduce overcrowding
at the Deportation Detention Centre in Doha, the Committee remains concerned about the
reports of poor conditions of detention, including inadequate sanitation, insufficient
ventilation and shortage of bedding and food. In that connection, the Committee is
particularly concerned by the situation of women held in this detention facility, as described
by the Special Rapporteur on the human rights of migrants (see A/HRC/26/35/Add.1, paras.
55–63) (arts. 11 and 16).
42.
The State party should:
(a)
Refrain from detaining undocumented migrants for prolonged periods,
use detention as a measure of last resort only and for as short a period as possible and
promote alternatives to detention;
(b)
Ensure that detained foreigners, including undocumented migrants,
have the right to contact the consular services of their respective country and are
entitled to receive legal aid;
(c)
Continue its efforts to improve the conditions of detention and alleviate
the overcrowding of deportation detention facilities, including through the application
of non-custodial measures. In doing so, the Committee draws the State party’s
attention to the United Nations Standard Minimum Rules for the Treatment of
Prisoners (the Nelson Mandela Rules) and the United Nations Rules for the Treatment
of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok
Rules).
1
8
See document GB.331/INS/13(rev.) of the International Labour Organization. Available at
www.ilo.org/gb/GBSessions/GB331/ins/WCMS_586479/lang--en/index.htm.