of race, colour, sex, religion, political opinion national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation” (Art. 1(1)(a)). The Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111) also requires that the national equality policy includes measures to promote equal remuneration for work of equal value (Para 2(f)). The ILO supervisory bodies have on multiple occasions concerned themselves with issues related to unequal treatment of migrant workers, 24 including in the context of lower minimum wages set for migrant workers 25 or migrant workers being excluded from national minimum wage laws altogether. 26 Equal treatment with regard to conditions of work, including remuneration, is also one of the main principles embodied in the ILO migrant workers’ instruments. 27 The purpose of minimum wages is to protect workers against unduly low pay and thereby reduce inequality, including between men and women, as the latter are often overrepresented among low-paid workers. Currently, there are minimum wage laws covering migrant workers in Jordan, Kuwait and Qatar; however, only Qatar applies a non-discriminatory minimum wage covering all workers including migrant domestic workers (see box 2). However, even where minimum wages exist, migrant workers, particularly women migrant workers, may be still disadvantaged in wage-setting, according to a recent ILO report highlighting the pay gaps between migrant workers and nationals across 49 countries. 28 Due to limited data availability, the only Arab States country covered by the report was Jordan, where the research identified a migrant pay gap of 29 per cent. However, migrant care workers, many of whom are women, face a pay gap of 43 per cent and lower returns on education. Other countries in the region, though not included in the report, also seem to face high wage gaps. For example, in four key sectors in the private sector in Bahrain, the wage gap between national and non-national workers was calculated to be 336 Bahraini dinars (approximately US$900), 29 while in Kuwait the gap between the private sector wages of nationals and non-nationals was calculated at 1,154 Kuwaiti dinars (US$3,000). 30 However, the wages of the large number of migrant domestic workers in both countries are not included in these calculations. Box 2 Promising practices in the establishment of a minimum wage in Qatar The process of setting the minimum wage in Qatar drew on key principles set out in the Minimum Wage Fixing Convention, 1970 (No. 131), including: wide application; factoring in the needs of workers and their families, as well as the economic situation in the country; consultation with workers, employers, experts and other relevant entities; a review mechanism (the Minimum Wage Commission); and a means for enforcement (the WPS), as well as stronger penalties in law. Detailed information on wage distribution was gathered from the WPS, and research was also conducted among workers, their family members, and employers in different sectors. For migrant domestic workers, information on wages was gathered through the Recruitment Department of the Ministry of Administrative Development, Labour and Social Affairs, as well as interviews with domestic workers, recruitment agencies and employers. In the absence of minimum wage coverage in law for migrant workers, and particularly for migrant domestic workers, the de facto position has often been for countries of origin to set minimum reference wages, which then determine the wages set by the employer, or at least influence social norms among employers and workers about what different nationalities should be paid. However, these forms of ‘wage-setting’ can lead to wage discrimination, as workers are paid (in part) based on their nationality, ethnicity or gender, rather than their skills, competencies and qualifications. 24 See for example Bahrain – CEACR observation published in 2019. 25 See for example: Jordan – CEACR – Direct Request published in 2021. 26 See note 7 above. 27 ILO Migration for Employment Convention (Revised), 1949 (No. 97), Art. 6(1)(a)(i) and ILO Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), Arts. 10 and 12(g). 28 Silas Amo-Agyei, The Migrant Pay Gap: Understanding Wage Differences between Migrants and Nationals (ILO, 2020). 29 Bahrain, Labour Market Regulatory Authority, “Bahrain Labour Market Indicators”, No. 46, 2019. 30 Kuwait, Labour Market Information System, Central Statistical Bureau, Employees distribution by average monthly wages, nationality (Kuwaiti / non Kuwaiti), sector and sex as of 30/09/2020, 30 September 2020. 4