Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Abolition of Forced Labour Convention, 1957 (No. 105) - Qatar (Ratification: 2007)

Other comments on C105

Observation

2019

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Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted that sentences of imprisonment (involving compulsory labour, by virtue of section 62 of the Penal Code and sections 6 and 7 of Decree No. 11 of 2012 on penitentiaries and reformatories) may be imposed under certain provisions of the national legislation in circumstances which are covered by Article 1(a) of the Convention, namely:

-section 115 of the Penal Code, which prohibits the dissemination of information or false statements on the country’s domestic situation which damage the economy, the prestige of the State or national interests;
-section 134 of the Penal Code, which prohibits any open criticism or defamation of the Prince or his heir;
-sections 35 and 43 of Act No. 12 of 2004 concerning associations, which prohibit the creation of political associations and provide for a sentence of imprisonment of between one month and one year for any person who carries out an activity contrary to the purpose for which an association was created;
-section 46 of Act No. 8 of 1979 on publications, which prohibits any criticism of the Prince or his heir, and section 47 of the same Act, which prohibits the publication of any defamatory documents on the president of an Arab or Muslim country or a friendly country, as well as documents prejudicial to the national currency or raising confusion concerning the economic situation of the country; and
-sections 15 and 17 of Act No. 18 of 2004 on public meetings and demonstrations, which prohibit public assembly without prior authorization.

The Committee requested the Government to take the necessary measures to bring the above-mentioned provisions into conformity with the Convention.

The Committee notes the Government’s indication in its report that, the amendment of sections 115 and 134 of the Penal Code is still under consideration and examination, and that the above-mentioned provisions of Act No. 12 of 2004, Act No. 18 of 2004 and Act No. 8 of 1979 will be considered and examined in order to bring them into conformity with the Convention.

The Committee recalls once again that Article 1(a) prohibits the use of forced or compulsory labour, including compulsory prison labour, as a punishment for holding or expressing political views. The range of activities which must be protected, under this provision, from punishment involving forced or compulsory labour thus comprises the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media), as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views and which may also be affected by measures of political coercion (2012 General Survey on the fundamental Conventions, paragraph 302). The Committee therefore requests the Government to take the necessary measures to amend the above-mentioned provisions either by repealing them, by limiting their scope to acts of violence or incitement to violence, or by replacing sanctions involving compulsory prison labour with other kinds of sanctions (e.g, fines), in order to ensure that no form of compulsory labour, including compulsory prison labour may be imposed on persons who, without using or advocating violence, express certain political views or opposition to the established political, social or economic system. The Committee also requests the Government to provide information on the progress made in this regard. Pending the adoption of such measures, the Committee requests the Government to provide information on the application in practice of the above-mentioned provisions, including copies of relevant court decisions.