By Andrew Warshaw
October 11 – In an unprecedented move, FIFA is facing a lawsuit over the exploitation of migrant workers in Qatar on construction sites as the Gulf state intensifies preparations for the 2022 World Cup.
The Dutch federation of trade unions FNV, together with a worker from Bangladesh, is taking action in the Swiss courts over what human rights organisations have condemned as modern slavery.
Qatari authorities, under constant scrutiny, have insisted they are endeavouring to reform workers’ rights and FIFA says it is watching developments closely as the Gulf state continues with its ambitious programme of building stadiums and infrastructure.
But the treatment of migrant workers, who make up 90% of Qatar’s population and hundreds of whom have lost their lives on building sites in recent years (World Cup organisers insist these are not World Cup sites), remains a huge concern.
Geert-Jan Knoops, professor of international law at Amsterdam University, told De Volkskrant newspaper that although there was no direct precedent for the legal case, the action had a legal basis.
“Developments in international law have meant that companies and organisations such as FIFA can be held jointly liable for violations of human rights that arise from their investments in foreign countries,” he said.
Although Qatar has taken steps to eradicate the antiquated ‘kafala’ system, whereby foreign workers have to have permission from their employers to change jobs or leave the country, despite six years criticism since being awarded the World Cup, Liesbeth Zegveld, a Dutch lawyer who was involved in preparing the legal case, said employers still effectively have ultimate power. “They decide when and if workers come and go, work, eat, sleep and get paid. Those are characteristics of slavery,” she told the newspaper.
This is the first time that FIFA has been held legally to account and in a letter sent to world football’s governing body lawyers acting for FNV and 21-year-old Nadim Shariful Alam said Alam paid nearly €4,000 (£3,600) to travel to work in Qatar, where he unloaded freight ships for 18 months before losing his job and being thrown out of the country.
FIFA has been given three weeks to pay damages before a court case is launched. If the action is successful it could open the door for hundreds of other migrant workers to make similar claims.
During a visit to Qatar earlier this year, FIFA President Gianni Infantino pledged to create a panel to monitor construction at the World Cup stadiums and ensure decent working conditions. “We take our responsibility seriously and are committed to playing our part,” he said back in April.
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