On December 2, 2010, with eyes glued to the television screens and hearts racing in anticipation of Qatar’s and the United States’ decision to host the 2022 World Cup, FIFA announced Qatar’s victory.
This announcement engulfed everyone present in Qatar, and shouts of joy rose in the streets of Doha in celebration of this honour, which had a difficult and uncertain chance of realisation.
On the other hand, some saw this global event as an opportunity to exploit others and achieve personal goals.
The Guardian newspaper was the first to target this event with a series of articles accusing Qatar of weak legal regulations regarding foreign labour, even alleging violations of their rights on its territory. This relentless media campaign continued for over a decade, explicitly criticising Qatar’s right to host this global tournament.
Several European channels, including the British BBC and German television channels like Deutsche Welle, followed suit.
The Hidden Reason Behind the West’s Criticism
The Gulf states are located in a geopolitically crucial area containing the Bab el-Mandeb Strait, through which 10% of global shipping passes, and the Strait of Hormuz, through which 40% of the world’s oil tankers traverse. For example, Qatar is one of the world’s largest natural gas exporters.
With these capabilities and resources, the region has become a political and economic target for many Western countries, leading them to fabricate leverage to achieve specific objectives, including allegations of violations of the rights of migrant workers in the Gulf states.
Modification of Labour Laws from to
Qatar has made significant positive changes concerning the rights of expatriate workers in Law No. (21) of 2015, which regulates expatriates’ entry, exit, residency, and subsequent decrees. These changes include criminalising the retention of a worker’s passport and imposing hefty fines on those who do so, abolishing the exit permit requirement, and eliminating the sponsorship system, replacing it with contractual employment terms between the worker and the employer, whether individual or institution.
Among these provisions, “Every expatriate intending to reside in the country for any purpose must obtain a permit from the competent authority, and the sponsor must handle the permit procedures and its renewal within a period not exceeding ninety days from its expiration. The employer must return the expatriate’s passport and other documents after completing the licensing or renewal procedures unless the expatriate requests in writing to keep them, in which case they must be returned upon request.”
The law stipulates that “it is prohibited for any natural or legal person to employ expatriates without an employment contract, or to use expatriates brought in for their employment to work for other entities.”
However, “as an exception, the Ministry of Administrative Development, Labor, and Social Affairs may permit the employer to loan expatriate workers to another employer for a period not exceeding six months, renewable for a similar period.”
“It is also permissible for them to allow the expatriate to work part-time for another employer in addition to their original job. In all cases, the consent of both the employer and the expatriate is required for the work.”
Law No. (13) of 2018, amending some provisions of Law No. (21) of 2015, regarding expatriates’ entry, exit, and residence, states that “an expatriate worker subject to the referred labour law has the right to temporarily exit or permanently leave the country during the validity of the employment contract. The employer may submit a reasoned and prior application to the Ministry of Administrative Development, Labor, and Social Affairs listing the names of those they deem necessary to have prior approval for their departure due to the nature of their work, not exceeding (5%) of their employees. If the Ministry of Administrative Development, Labor, and Social Affairs approves the application, the relevant authority will be notified accordingly.”
“For expatriates not subject to the referred labour law, the controls and procedures for their exit from the country are determined by a decision from the minister.”
“if an expatriate worker cannot leave the country for any reason, they may appeal to the Expatriate Exit Grievance Committee, which is established and its competencies, procedures, and operating system are determined by a ministerial decree; the committee must decide on the grievance within three business days.”
Labor Laws in the West
Although expatriates in the West typically make up no more than 10% of the population, and in very few estimates up to 25%, calls for integration and the rejection of foreigners have led to labour laws for migrant workers in those countries being characterised by severe, almost prohibitive restrictions. These have driven thousands to pursue illegal migration routes despite the risks that may endanger human lives. Moreover, these laws are marked by discrimination and biased differentiation between Western and non-Western migrant workers. In the West, citizens are not permitted to bring in migrant labour.
In contrast, the State of Qatar allows expatriate residents to bring their spouses, children, and parents under certain conditions. Article 33 states, “Residence may be granted without the requirement of employment, to the spouse, children, and parents of the person authorized for residency, according to the provision of Article (30)” from Law No. (21) of 2015 regulating expatriates’ entry, exit, and residency.
For instance, in Germany, we find some of the conditions set by the federal foreign office for expatriate workers under the title Moving to Germany as a skilled worker as follows:
Before entering Germany, you must apply for a visa at the German mission abroad (Embassy or Consulate General) responsible for your current residence.
In most cases, the visa can be issued only following approval by the Federal Employment Agency. Normally, the German mission abroad is responsible for obtaining this approval. If all requirements are met, you will be issued a valid national visa for a fixed period. During this period, you must apply for a long-term residence title at the foreigners’ authority at your new place of residence.
It is not applicable if you have the right to freedom of movement under EU law. Freedom of movement applies to citizens of all EU member states and Norway, Iceland, Liechtenstein, and Switzerland. They can enter Germany without a visa and do not need permission to undertake gainful occupations. Accompanying family members who are third-country nationals are normally required to obtain an entry visa via a simplified procedure. After entering Germany, they enjoyed the same privileges as their family members, who had the right to freedom of movement.
Suppose you are a citizen of Australia, Canada, Israel, Japan, the Republic of Korea, New Zealand, the United Kingdom or the United States of America. In that case, you can enter Germany without a visa. You can then apply for your German residence title at the foreigners’ authority at your future place of residence in Germany. Suppose you wish to take up a gainful occupation immediately after arrival before you have received your German residence title. In that case, you must apply for a visa to engage in this occupation.
Requirements to Qualify as Skilled Workers in Germany
To qualify as a skilled worker in Germany, ensure your foreign degree or certificate is officially recognized. Additionally, if you have already secured a specific job offer, you must have your future employer complete the “Declaration regarding a contract of employment.” You must also obtain written permission to practice your profession, especially if it is within a regulated sector such as healthcare. Moreover, you must fulfil general requirements for foreigners, which include possessing a valid passport and proving financial stability.
Before submitting your visa application, ensure you have met all these prerequisites and assembled a comprehensive set of supporting documents. It is crucial to understand that your visa application will not be processed if your qualifications, such as your foreign degree or certificate, are not officially recognized. This preparation ensures a smooth application process and compliance with the legal requirements for employment in Germany.
Sponsorship Laws in the Gulf Countries
Most Gulf countries strive to address any potential demographic threats due to the massive numbers of expatriate workers, which, in some cases, are several times the number of citizens. Nevertheless, many legislative amendments have been made to ensure more rights for this group in most Gulf countries, with a general gradual trend towards legislation that is more in line with the regulations of the International Labour Organization.
The Qatari newspaper Al-Sharq reported on a scientific study conducted by Qatar University, stating that “expatriate workers constitute the majority of the population in most Gulf Cooperation Council (GCC) countries, noting that the percentage of expatriate workers in each country ranges from 33% to 88.5% of the population.”
Tariq Khaled from Anadolu Agency reported that five nationalities comprise about 68% of Saudi Arabia’s expatriate population. According to Anadolu’s survey of data announced by the country’s General Authority for Statistics, the population of Saudi Arabia reached 32.17 million in 2022. Of these, 18.8 million were Saudi nationals, accounting for 58.4% of the total population, while expatriates made up 13.4 million, approximately 41%.
Proposed Solutions
It is clear to those following international economic and political affairs that there is widespread global poverty and unemployment. It is unreasonable to expect the Gulf countries alone to tackle these issues.
On the one hand, the international community must make a concerted effort to absorb this workforce. On the other hand, global poverty centres need to be addressed by injecting international investments into these countries. This would yield profits for investors and simultaneously provide a decent life for the people in these impoverished areas of the world so they are not forced to migrate in search of external resources for sustenance.
The West, which imposes strict laws on the recruitment of foreign workers, has no right to interfere in the affairs of the Gulf countries. These countries face a flood of foreign labour that, without specific legislation, could threaten their demographic and cultural structure. These double standards are just a political pressure tool for economic purposes.
