Labour migration in the Gulf: the responsibilities of sending and receiving states. Case study of Bangladeshi migrant workers in Qatar

University essay from Lunds universitet/Juridiska institutionen

Abstract: The labour migration to the GCC states and Qatar in particular remains substantial. 94 % of Qatari labour force is migrant workers. After Qatar was awarded to host the FIFA World Cup 2022, migration is on the rise and Qatar is expected to welcome at least 1 million workers to build infrastructure for hosting the world-famous event. While Qatar is luring more workers, Asian sending countries are also trying to send more, because such labour migration is beneficial for both sides. However, hardship and diverse human rights violations of those who are behind the economic growth of sending and receiving states are often overlooked. The research identified violations, which migrant workers face during different stages of migration. Starting with deceptive practices by recruitment agents and subagents in the sending state, migrant workers suffer from dangerous working and living conditions in the country of destination. On the example of Bangladesh as a sending state and Qatar as a receiving state, the research continuously emphasized that both sides are responsible and have their obligations for migrant workers protection as members of international community. The research has analyzed the international law related to the protection of migrant workers and the corresponding obligations of sending and receiving states. The analysis of the existing national legislation of Qatar and Bangladesh concluded that international obligations were not substantially incorporated in their national laws and are lacking the practical implementation. In Qatar, the restrictive sponsorship system remains under the national legislation and is the source of massive human rights violations; the freedom of association, collective bargaining, the right to strike are restricted, so migrant workers are unable to exercise them. In regards to the Bangladeshi obligations, the government is taking small steps in complying with its obligations; however, the legislation remains weak, systems of institutions and practices ineffective and are in need of reformation. It was concluded that both Bangladesh and Qatar are responsible for the situation, migrant workers currently experience and they should take actions in order to comply with their obligations under the international law. Lastly, international organizations, non-governmental organizations and FIFA should rapidly act and put pressure on the government of Qatar to improve the existing legislation, practices and institutional system.

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