Individual Case (CAS) - Discussion: 2016, Publication: 105th ILC session (2016)



A Government representative said that the case had been examined in the context of a representation submitted in June 2014 and that Qatar had already expressed its willingness to implement the recommendations made by a tripartite committee and adopted by the Governing Body in June 2015. In addition, the Committee of Experts had considered that “the time elapsed between the adoption of the recommendations by the Governing Body (June 2015) and the deadline for submitting reports under article 22 of the ILO Constitution (1 September) might have been too short for the Government to report significant progress on the implementation of the recommendations …”, and had recalled that the Government was due to submit its report in 2017. He also questioned the purpose and usefulness of discussing the case such a short period after the publication of the recommendations of the tripartite committee. With regard to the questions raised by the Committee of Experts concerning paragraphs 32, 35, 36, 40, 42, 46 and 48 of the report of the tripartite committee, he wished to clarify a number of points, namely that: (i) crew members in the national air carrier had new employment contracts which guaranteed ground staff posts for pregnant workers; (ii) regarding paragraph 36, the prohibition relating to women’s access to company premises was only limited to the administrative buildings, and did not apply to the staff accommodation buildings, and was binding on men and women alike; (iii) under the new contracts, crew members were free to marry and change marital status in general, without prior authorization. That was consistent with section 98 of the Labour Code, which prohibited an employer to terminate the contract of an employee because of marriage; (iv) the rules governing rest periods did not contain any discrimination against women; and (v) the Government had paid great attention to the tasks of the labour inspectorate to ensure the effectiveness of law enforcement and had increased the number of labour inspectors.

With regard to the request by the Committee of Experts to amend sections 93 and 98 of the Labour Law, articles 28 and 35 of the Constitution required the State to guarantee free entrepreneurship and to prohibit any form of discrimination based on sex, race, language or religion. In addition, Labour Law No. 14 of 2004 and Law No. 9 of 2009 on human resources made no distinction between men and women with respect to wages or careers. On the contrary, women had a number of privileges such as: (i) the right to bonuses and other allowances that were normally granted to married employees; (ii) paid leave in the case of a disabled child; and (iii) paid maternity leave. Regarding the adoption of legislation to improve women’s participation in the labour market, the “Qatar Vision 2030”, adopted in 2008, emphasized the effective role of women in society both economically and politically. Regarding the issue of migrant domestic workers, a draft law regulating their activities was being prepared. Although that category of workers was not covered by the labour legislation, it was still covered by civil law. In addition, their contractual relationship with employers was governed by model contracts annexed to the bilateral agreements signed by the Government of Qatar with labour-supply countries. Protection under criminal law was guaranteed by section 322 of the Penal Code. The Committee of Experts had also requested the Government to take the necessary steps for the adoption of legal provisions prohibiting sexual harassment at work. Section 291 of the Penal Code expressly provided for such protection. As for Law No. 21 of 2015 regulating the entry and exit of expatriates and their residence, there was no doubt that it had abolished the sponsorship system. It was no longer possible to require a worker to remain under contract with only one employer. Regarding the activities of the Department of Labour Inspection, in 2016 a total of 110 women and men inspectors had been trained in cooperation with the Arab Labour Organization, the Institute of Management and the National Department of Rights. There were currently 397 labour inspectors for 4,000 workers, which exceeded the ratio envisaged by the ILO, namely, about one inspector for 10,000 workers. In conclusion, he said that, in its report due in 2017, the Government would not fail to include: (i) copies of bilateral agreements and employment contracts; (ii) copies of new employment contracts between private employment agencies and workers; and (iii) new statistics on women’s participation in the labour market.

The Worker members said that they continued to receive alarming reports from migrant workers about the abuse of their fundamental rights, including discrimination in employment. The Committee of Experts had made observations on several aspects relating to discrimination in occupation and employment in Qatar and a representation submitted by the International Transport Workers’ Federation (ITF) and the International Trade Union Confederation (ITUC) had resulted in a tripartite committee report, which had been adopted by the Governing Body in June 2015. The Government claimed that progress had been made in some areas. However, the flight crew of the national airline continued to face discrimination in practice, in violation of the Convention. The representation alleged that the existing employment contracts provided that employees were required to obtain prior permission from the company if they wished to change their marital status. Referring to the representation and its recommendations, the Worker members welcomed the introduction of new contracts, but noted that the changes appeared to be cosmetic. In practice, there appeared to be a continued requirement for government approval of marriage requests. Furthermore, the company was employing a new tactic, namely issuing cautionary letters to employees, ostensibly on the grounds of performance, and forcing them to resign, although the only possible reason for such action appeared to be a request for a change in marital status. In addition, under the new contract, women who became pregnant were offered temporary ground jobs. However, most unmarried women cabin crew resigned as soon as they knew that they were pregnant, out of fear that if they informed their management they would be terminated, as having a child outside marriage was illegal in Qatar (which in itself was a discriminatory measure). Informing management of the change in marital status had led to retaliatory dismissal. The Government needed to provide statistics to show how many pregnant employees were in fact offered ground jobs, how many took alternative jobs, and how many resigned upon pregnancy. Moreover, it was still prohibited for women employees to be dropped off or picked up from the company premises accompanied by a man other than their father, brother or husband. This was gender-based discrimination. The Government continued to emphasize that this prohibition related specifically to compliance with a particular cultural norm in Qatar. In its report to the Committee of Experts, the Government had made the preposterous statement that it had not found any violations related to discrimination in employment and occupation. There was, however, no evidence, for example, that labour inspectors had ever visited the national airline premises. As noted with regard to the Labour Inspection Convention, 1947 (No. 81), the Government must conduct labour inspections proactively and provide statistical information to the Committee of Experts on the activities carried out by the labour inspectorate. The Worker members were particularly interested in information pertaining to the 75 women labour inspectors hired by the Government.

With reference to Labour Law No. 14 of 2004 and the 2009 Civil Service Law, which did not specifically prohibit discrimination on the grounds set forth in the Convention, the Worker members urged the Government to amend these laws, and specifically sections 93 and 98 of the Labour Law, to ensure that the legislation covered all recognized grounds of discrimination, in both its direct and indirect forms, and applied them to all aspects of employment and occupation. Domestic workers continued to be excluded from the scope of labour legislation, despite repeated promises to amend the legislation, consistent with the Domestic Workers Convention, 2011 (No. 189). As a result, domestic workers had no legal rights as workers under Qatari law. Some of those rights might be specified in employment contracts during the recruitment process but, without the force of a legal requirement, it was unclear how workers could enforce them. The Worker members were also concerned that the Government had not provided information on measures to address discrimination in the workplace, including measures to promote the employment of women. In 2011, the Qatar Statistics Authority had released a report indicating that men earned 25 to 50 per cent more than women. In the workforce, it had been documented that women accounted for a mere 14 per cent of leadership positions. Some companies also demanded letters from male relatives allowing women to work. Evidence showed that Qatar had much more to do to promote equality in the workplace. The Worker members supported the observations of the Committee of Experts in this regard and urged the Government to take immediate steps to ensure that women did not face gender-based discrimination in the workplace. In addition, the legislation did not adequately prohibit sexual harassment, nor were there effective means of redress, remedies or sanctions. The Government was therefore urged to follow the recommendations of the Committee of Experts in this regard. Finally, the Worker members noted the observations of the Committee of Experts regarding discrimination against migrant workers, in particular in the context of the sponsorship system (kafala). This issue, raised initially under the Forced Labour Convention, 1930 (No. 29), had been taken up by the Governing Body. They emphasized the need for the Government to move expeditiously to abolish the kafala system, as well as the need to undertake the reforms recommended by the Committee of Experts and the Conference Committee with regard to Conventions Nos 29 and 81. Moreover, the determination of wage rates according to the country of origin was blatantly discriminatory, and immediate efforts needed to be made to ensure that workers were paid according to their work, and not according to their nationality.

The Employer members thanked the Government for the information provided. Recalling that the Convention required each ratifying member State to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment, in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof, they indicated that this case had been the subject of eight observations by the Committee of Experts since 2001 and that it had been already examined by the Conference Committee in 2002. They expressed deep concern at the fact that the observations of the Committee of Experts directly named an enterprise. In light of the fact that the observation under the Convention applied to government action, they recalled that the protocol of the Conference Committee did not permit the use of the names of enterprises in the discussion of a case. With regard to the observation of the Committee of Experts concerning the follow-up to the recommendations of the tripartite committee set up to examine a representation made under article 24 of the ILO Constitution by the ITUC and the ITF, and adopted by the Governing Body in June 2015, the Employer members urged the Government to follow up on the request made by the Committee of Experts to submit detailed information on the measures taken in the airline sector in its next article 22 report on the application of the Convention.

Recalling that the Committee of Experts had observed that no information had been provided by the Government on the practical measures taken to address discrimination in employment based on gender, political opinion, national extraction and social origin, and that no legislative framework was in place to address this issue, they urged the Government: (i) to adopt a clear legislative framework prohibiting discrimination based on Article 1(1)(a) of the Convention; (ii) to provide the Committee of Experts with a full report on the measures taken in practice to ensure that individuals were not subject to discrimination; (iii) to provide information on the practical measures taken to improve the participation of women in the labour market pursuant to the Qatari National Development Plan (2011–15); and (iv) to adopt measures to ensure real and meaningful equality in employment. With regard to the amendment of sections 93 and 98 of the Labour Law of 2004, they recalled that the Committee of Experts had made observations related to the incorporation of political opinion, national extraction and social origin in the prohibited grounds of discrimination. With respect to the principle of the prohibition of discrimination on the basis of gender, they noted that since 2006 the Committee of Experts had expressed concerns regarding the legislative framework to ensure the prohibition of sexual harassment in the workplace. In this regard, they urged the Government to adopt a clear legislative framework addressing discrimination, including discrimination on the basis of gender, including the prohibition of sexual harassment in the workplace. They emphasized that the legislative framework should include a system for hearing and the determination of complaints, as well as remedies and sanctions. With respect to issues of discrimination against migrant workers, the Committee of Experts had observed with concern that the vast majority of economically active workers in the country were non-Qatari, and that the kafala system limited the possibility for migrant workers to change employer, even in cases where the workers had experienced discrimination. In this regard, they welcomed the information provided by the Government on the abolition of the kafala system and urged the Government to provide information on the legislative framework and measures taken in practice to protect workers from discrimination, including migrant workers.

The Employer member of Qatar emphasized that the case had already been examined by a tripartite committee, which had made recommendations that had been adopted by the Governing Body in June 2015. The Government had replied to these recommendations and the Committee of Experts had taken note of that reply in its report. He expressed concern at the comments made by the Committee of Experts, which clearly mentioned the name of a multinational enterprise. This constituted defamation and was harmful to the economic interests of the multinational enterprise in question. It was therefore important to remove any such reference from the report of the Committee of Experts. The Government had demonstrated its goodwill by adopting a legislative framework that granted adequate protection to all workers. Bank transfers of wages were operational and Law No. 21 of 27 October 2015 had been passed. In its report, the Committee of Experts had requested the adoption of legislation to increase the participation of women in the labour market. Equality of treatment between men and women was guaranteed by the Constitution, and women had obtained various high-level posts, including as ministers, heads of enterprises, prosecutors and ambassadors. The latest figure was some 6,500 businesswomen. He requested that his Government be given more time to apply Law No. 21 of 27 October 2015, as only once it had been implemented would it be possible to assess any potential gaps. Tripartite consultations could then be held to address them.

The Government member of Oman, also speaking on behalf of the United Arab Emirates, Bahrain, Saudi Arabia, Kuwait and Yemen, welcomed the Government’s efforts to comply with international labour standards, especially the action taken to develop laws and regulations aimed at ensuring the rights of all workers. It was regrettable to notice that some cases were picked up regularly, particularly when such cases had been discussed in previous sessions, or were still under discussion by other ILO committees, and that sufficient time had not been given to the Government to implement earlier recommendations by ILO supervisory bodies. The case of Qatar, which was under discussion, was an example of a case in which insufficient time as been given for the implementation of previous recommendations. The Government had adopted laws to promote gender equality. He said that statistics for women in the labour market were not necessarily an indicator of discrimination, as some women in Arab societies wanted to be full-time housewives to raise their children. However, the statistics provided were a good indicator of the great effort made by Qatar to promote the participation of women in the labour market. Moreover, the draft law on domestic workers was a clear indication that the Government was willing to provide protection for all workers on its territory. He emphasized the support of the Gulf Cooperation Council for the action taken by the Government, and particularly the development of laws and regulations in line with international labour standards, including the Convention. He hoped that Qatar would provide the information requested in its next report to the Committee of Experts.

The Government member of the United States said that, since the entry into force of the 2003 Constitution of Qatar and Labour Law No. 14 of 2004, the Committee of Experts had repeatedly observed that Qatar’s laws fell short of effectively prohibiting discrimination with respect to employment and occupation on the grounds set out in the Convention, and particularly on those of political opinion, national extraction and social origin. The Committee of Experts had also observed that certain categories of workers, including domestic workers, were excluded from the coverage of the Labour Law. The Government had taken some measures to promote equality of opportunity in employment since the legal changes of 2003 and 2004. These measures included efforts targeting the workforce participation of women and strengthening the Government’s capacity to receive complaints and enforce labour laws. She nevertheless called on the Government to renew its commitment and redouble its efforts to protect all workers in the country from discrimination and to promote equality in employment and occupation. She specifically urged the Government to: implement the recommendations of the tripartite committee (article 24 of the ILO Constitution) adopted by the Governing Body in June 2015 and provide the requested information on the implementation measures to the Committee of Experts at its 2016 session; amend Labour Law No. 14 of 2004 to incorporate provisions explicitly prohibiting discrimination in employment on the basis of political opinion, national extraction and social origin; adopt legislation on domestic workers in line with Convention No. 189; and, as requested on several occasions, remove restrictions that could prevent migrant workers from terminating their employment relationship. She finally encouraged the Government to strengthen its national policy on non-discrimination in employment by modifying Law No. 21 of 2015 accordingly, before its entry into force in 2016.

The Employer member of the United Arab Emirates welcomed the Government’s efforts and the positive measures taken to continue the constructive dialogue and cooperation with the ILO and all relevant stakeholders, which emphasized its political will to increase the promotion and protection of workers’ rights. In particular, the national legislation prohibited discrimination on the basis of political opinion, social or ethnic origin or religious belief, and also prohibited discrimination against women with regard to employment. The Government also made sure that the rights of domestic and foreign workers were respected, including through stringent laws on sexual harassment. Emphasizing that the national legislation had abolished the sponsorship system (kafala), he called on the Committee to take due note of the progress made in this regard and to give more time to the Government to implement changes. While encouraging the Government to continue making progress, he also pointed out that employers needed to take measures, for example by reducing working hours during Ramadan. In conclusion, he recalled that companies should not be named in the observations of the Committee of Experts.

An observer representing the International Transport Workers’ Federation (ITF) said that, having filed the representation against Qatar for non-observance of the Convention together with the ITUC, the ITF was familiar with the Government’s failure to develop a legal framework to protect the rights of women workers and to enforce existing legal provisions. The Committee of Experts had observed that the Constitution and Labour Law of Qatar did not contain specific provisions to protect workers against direct and indirect discrimination, pursuant to Article 1(1)(a) of the Convention. The Constitution of Qatar unequivocally provided that all persons were equal before the law and that there would be no discrimination whatsoever on grounds of sex, race, language or religion. Sections 96 and 98 of the Labour Law also provided for equal pay for equal work and protection against dismissal on the grounds of marriage and maternity. However, this fell short of effectively prohibiting discrimination on all the grounds set out in the Convention. He encouraged the Government to follow the suggestion of the Committee of Experts and to amend the Labour Law to incorporate political opinion, national extraction and social origin as prohibited grounds of discrimination. He also hoped that the country’s labour inspectorate would carry out gender-sensitive inspections in the national airline and in all workplaces to help eradicate the discriminatory practice of government approval for marriage, which had a direct impact on the reproductive rights of women workers, as having a child outside marriage was illegal. Recalling that the ratification of Convention No. 189 would constitute real progress in pursuing the objectives that it enshrined, he welcomed the Government’s indication that it would shortly adopt legislation on domestic workers in line with that Convention.

The Government member of Switzerland urged the Government to adopt a clear legislative framework for the protection of workers against discrimination in employment and occupation, whether based on race, colour, gender, religion, political opinion, national extraction or social origin. She welcomed the Government’s intention to adopt a law on domestic workers that was in conformity with Convention No. 189 and she encouraged it, along with the country’s competent bodies, to take steps to adopt and implement such a law as soon as possible. On the other hand, she had learned with dismay of the shortcomings of Qatar’s legislative framework for the protection of men and women workers against sexual harassment and she supported the request by the Committee of Experts for it to adopt appropriate provisions on the subject. At the 2015 meeting of the Conference Committee, the Government of Switzerland had welcomed the Government’s decision to progressively abolish the sponsorship system. She trusted that the new legislation would respect fully the rights of all migrant workers. She noted with regret that Law No. 21 of 27 October 2015, which was due to come into effect in October 2016, did not appear to be adequate to abolish the system in law and practice. Her Government therefore entirely agreed with the Committee of Experts when it urged the Government to take steps to amend the law before it came into effect, so as to eliminate the obstacles to freedom of movement and to the freedom to terminate a contract, both of which were essential, especially where workers faced discrimination, such as that covered by the Convention.

The Employer member of Jordan indicated that, when looking at the current situation of labour relations in Qatar and comparing it to the situation a few years ago, the Committee should welcome the progress that had been made. The Government had been taking positive measures to improve the situation in the labour market, especially with regard to the employment of women and their protection against discrimination. It was important not to pick and choose from the information provided by the Government, and the Conference Committee needed to take into account the whole picture. Considering that the Government had provided a full response on the matters raised, he requested the Conference Committee not to pursue its examination of this case.

The Worker member of Indonesia said that his country was one of the major countries of origin for domestic workers in Qatar where, due to their continued exclusion from the Labour Law, these workers faced extreme exploitation in the workplace, including harassment, severe physical abuse and rape. In 2014, the United Nations Committee on the Elimination of Discrimination against Women had expressed deep concern at the high prevalence of domestic and sexual violence against women and girls, including women migrant domestic workers. When domestic workers brought a case of harassment to the attention of the authorities, they were sometimes deported and no charges were filed. While in law domestic workers had the right to bring a case to court, in practice this was almost impossible. He urged the Government to take immediate steps to include domestic workers in the Labour Law, to adopt legislation on sexual harassment and to ensure the effective enforcement of this legislation, including the prosecution of those responsible and the imposition of dissuasive sanctions.

The Government member of Lebanon recalled that the situation of Qatar had been examined by the Conference Committee in 2014 in relation to Convention No. 81, as well as in 2015 with regard to Convention No. 29. The Committee was now discussing Convention No. 111. In 2015, the Government had adopted new labour legislation, thus bringing national law into line with international labour standards. Qatar was providing employment opportunities for foreign workers. He was of the view that there was no discrimination in Qatar. If discrimination was in fact occurring, workers were free to leave the country. He would have hoped that the issue of protecting Palestinian workers against discrimination would have been discussed, rather than the present case. The positive measures being taken, as well as the situation of employment in the country, should be examined after the 2022 World Cup.

The Employer member of Saudi Arabia welcomed the steps taken by the Government for the application of the Convention and indicated that Qatari legislation did not contain any discriminatory provisions against women. He considered Qatari legislation to be fully consistent with international labour standards and referred to the National Development Plan (2011–15) in this regard. He added that there was a fierce campaign against sexual harassment at work in the country and that the Government was in compliance with its international obligations.

The Worker member of Norway, also speaking on behalf of the trade unions of the Nordic countries, said that the workforce in Qatar consisted of 1.7 million migrant workers, many of whom were exploited and deprived of their economic and social rights. Moreover, this workforce was mainly male-dominated, with women constituting barely 12 to 13 per cent of the economically active population. Despite the fact that Qatar’s Constitution provided that there should be no discrimination on grounds of sex and that all citizens were equal in public rights and duties, discrimination was widespread in the country. She expressed concern at the persistence of discrimination against women in the labour market, the social stigma attached to working women and social norms, the persistent gender wage gap (25 to 50 per cent) and the under-representation of women in leadership positions. She also noted with concern the prevalence of prejudices and negative attitudes towards migrant domestic workers, including women, who were reported to be victims of various forms of exploitation and abuse, including forced labour, physical and sexual violence, inhumane or degrading treatment, unpaid wages, excessive working hours, confiscation of passports and restrictions on freedom of movement and communication, in particular under the sponsorship system (kafala). Emphasizing that women and men were both fully able to perform work to an excellent level, she urged the Government to ensure equal opportunities for women in the labour market by repealing discriminatory laws, regulations and practices that required a male guardian’s consent or approval for women to obtain employment. She also urged the Government to protect migrant workers from violence, abuse and exploitation and to ratify and implement Convention No. 189.

The Employer member of Bangladesh welcomed the information provided by the Government, including the recent laws adopted and the legislative review process, as well as the law concerning domestic workers, which aimed to align national legislation with Convention No. 189 and its corresponding Recommendation. The employment of domestic workers was generally regulated by model contracts, based on agreements signed by the Government and labour-sending countries. He welcomed the fact that the sponsorship system (kafala) had been abolished and replaced by contracts of employment. Workers were now granted freedom of choice of employment and allowed to change employer. He welcomed the measures already taken and encouraged the Government to continue taking measures in line with international labour standards.

The Government member of Belgium, also speaking on behalf of Denmark, Finland, Iceland, Norway and Sweden, reaffirmed the importance of the Beijing Declaration and Platform for Action for women’s empowerment, and of the Convention on the Elimination of All Forms of Discrimination against Women, which provided a legal framework and a comprehensive set of measures for the promotion of gender equality in education and employment. She emphasized that compliance with fundamental ILO Conventions, including the Convention under discussion, was essential for social and economic stability in any country, as it contributed to creating an environment conducive for the fulfilment of everyone’s potential, as well as a basis for solid and sustainable growth and inclusive societies. She emphasized the key importance of laws and regulations in combating discrimination. She welcomed the Government’s aim to increase women’s participation in the labour market, bringing legislation into line with Convention No. 189, and the plan to increase the number of nurseries and kindergartens. She noted however the assessment of the Committee of Experts that a clear legislative framework addressing protection against discrimination in employment and occupation was lacking. She encouraged the Government to make the necessary legislative amendments to bring the legislation into line with the Convention and to take further steps to promote equality.

An observer representing the World Federation of Trade Unions (WFTU) welcomed the steps taken by the Government for the abolition of the sponsorship system (kafala) and to allow workers to change jobs without the risk of suffering discrimination or punishment. With regard to gender equality, he indicated that the Qatari Constitution ensured that women could take care of their families based on local culture and traditions. He added that, despite legal provisions in place to prevent sexual harassment, a few cases were reported, like in other countries, and there was no way to prevent this. He emphasized that in general there were clear positive indications that the Government was moving forward in its compliance with the Convention and he expected similar positive responses by the Government in future.

The Government member of Bahrain welcomed the detailed information provided by the Government on the measures taken for the implementation of international labour standards, especially the Convention under review. The Government had made considerable efforts to comply with international labour standards in law and practice. It had taken serious steps to protect all workers, without any discrimination, reflecting its observance of international labour standards, including the provisions of the Labour Law, which prohibited discrimination on the grounds of political opinion or social origin. Moreover, it did not allow any type of discrimination to be practised against women, in relation to wages, career opportunities or other privileges. He added that a series of positive and encouraging measures had been taken, including a wage protection system and an increase in the efficiency of the labour inspectorate. Moreover, the Government imposed harsher sanctions on employers who violated the regulations, for example through the delayed payment of wages or the withholding of workers’ passports. These were all positive measures which provided additional social protection to workers without discrimination. The Government was now preparing a new law on domestic workers with provisions on social protection. It was thus demonstrating its seriousness in meeting its international obligations. Finally, he endorsed the statement made by the Government and expressed the need to take into account all the positive developments that had occurred.

The Worker member of Switzerland, speaking on behalf of the Swiss Federation of Trade Unions, stated that one of its affiliates, UNIA, was actively working with Building and Wood Workers’ International (BWI) to defend and promote the rights of migrant workers in Qatar, especially in construction sites for the 2022 World Cup. UNIA had participated in visits to the country, where it had been able to gather relevant information through meetings with migrant workers. The key issues of concern for migrant workers in construction sites were the sponsorship system (kafala), which had only been superficially replaced by Law No. 21 of 27 October 2015, the low level of wages and differences in remuneration based on nationality, which were in direct breach of the Convention. Even though workers did the same type of work, they were often paid differently based on their countries of origin. In addition, workers were paid far lower than the minimum wages set by their countries of origin to work in Qatar as low-skilled workers in the construction sector, and some workers, upon arrival, were forced to sign a new employment contract with much lower wages than the established minimum wage. UNIA therefore strongly advocated bringing an end to substitution contracts, unless the conditions were better than the original agreement and the worker was fully aware and accepted the changes. He called on the Government to implement minimum wage legislation and equal pay for equal work policies regardless of gender, nationality or religion in order to ensure the full implementation of the Convention in both law and practice. He also called on the Fédération Internationale de Football Association (FIFA) to finally integrate respect for ILO Conventions in host countries as an essential element when examining the assignment of its events.

The Government member of the Bolivarian Republic of Venezuela welcomed the information provided by the Government, which showed that it had responded to the recommendations, observations and comments by the Committee of Experts. Sections 93 and 98 of the Labour Law should be interpreted in the light of the Constitution, which prohibited discrimination on political or social grounds and on the basis of nationality. Law No. 8 of 2009 on human resource management made no distinction between men and women in terms of wages and occupational advantages. He welcomed the fact that a law on the protection of domestic workers was being drafted, that the Law establishing the sponsorship system (kafala) had been repealed and that the National Development Plan (2011–15), which covered aspects relating to education and training, covered gender equality. He called on the Committee to take into account the positive points of the Government’s explanations and trusted that its conclusions would be objective and balanced, so that the Government would take them duly into consideration when applying the Convention.

The Worker member of Bahrain said that the Committee of Experts should not have cited the company name in its comments. He suggested that all those who had mentioned the existence of harassment in Qatar should actually visit the country. The matters raised against the Government should not be dealt with in this Committee. Instead, the Conference Committee should be discussing issues relating to Palestinian workers. The members of the Committee should support Qatar in its efforts to successfully organize the 2022 World Cup, a major sporting event. The Government was the subject of complaints before other ILO supervisory bodies for a very few individual cases at the national level. The Conference Committee should give encouragement to the Government for the positive measures adopted and should welcome the contribution of a national airline as a major employer.

The Government member of Indonesia said that her Government noted the efforts of the Government of Qatar in implementing the Convention and welcomed in particular the abolition of the sponsorship system (kafala) to ensure the freedom of movement of workers, including domestic migrant workers. She also welcomed the preparation of legislation on domestic workers and expressed the hope that the Government would expedite the process of finalizing the legislation so that the provisions of the Convention were implemented in an effective manner.

The Employer member of Algeria observed with satisfaction that, according to the Government’s explanations, the question of non-discrimination on grounds of political opinion, national extraction and social origin had been resolved by Article 35 of the Qatari Constitution. The national legislation contained no provisions discriminating against women in employment and sexual harassment at the workplace was a criminal offence. It was clear that the Government had made enormous progress and should be supported and accompanied in its efforts.

The Worker member of Kuwait welcomed the measures taken by the Government to address the issues raised by the Committee of Experts concerning the sponsorship system (kafala). This system had been replaced by model contracts. Migrant workers could now freely change their employers. The Government was committed to this new development and had shown its readiness to address the issue by taking measures in accordance with the requirements of the Convention. The Committee should take these efforts into consideration when preparing its conclusions.

The Government member of Mauritania considered that the Government had demonstrated its achievements in implementing the Convention. All discrimination based on opinion and social origin were criminalized and sanctioned. The Law on human resources prohibited discrimination between men and women in relation to wages and prohibited sexual harassment at the workplace. Furthermore, the system of sponsorship (kafala) had been abolished. He called on the Committee to take into consideration these positive developments when adopting its conclusions.

The Employer member of Sudan welcomed the information provided by the Government, and particularly the adoption of new legislation that was inclusive and covered non-discrimination, the promotion of equality in employment, as well as positive discrimination, allowing women to enter the labour market. Women could have access to managerial positions in the national economy. Inspectors were also receiving training to ensure a decent working environment. This also prevented sexual harassment in the workplace. Severe sanctions were taken when violations occurred. Moreover, the sponsorship system (kafala) was no longer applicable and workers could freely change their employers. Finally, the National Development Plan (2011–15) aimed at promoting international labour standards and national legislation.

The Worker member of the United Arab Emirates welcomed the efforts made by the Government of Qatar to improve the conditions of work, and particularly, the abrogation of the sponsorship system (kafala) and the possibility given to foreign workers to freely change employer. Women took an active part in the labour market. Furthermore, the Constitution of Qatar prohibited any discrimination and the Government had demonstrated its commitment to give full effect to the Convention. The Committee should take these achievements into consideration in its conclusions.

The Government member of Malaysia expressed the belief that the steps taken by the Government of Qatar to address the Convention constituted a way forward to eliminate the issues listed by the Committee of Experts. Noting in particular the establishment of a platform for workers to submit complaints and the abolition of the kafala system, she expressed support for the position of the Government and called on the Committee to consider the important efforts and progress made in addressing the issues raised under the Convention.

The Employer member of Iraq expressed concern that Qatar had been included in the short list of individual cases. The Government and employers of Qatar were committed to international labour standards and fundamental human rights. Qatari laws guaranteed the rights and freedom of all workers. Iraqi employers supported the statements made by the Qatari Government and employers. The conclusions of the Committee needed to be fair and equitable. Qatar was a major partner in receiving migrant workers at the international level and this should be encouraged, not hindered. Taking into account the Government’s goodwill and openness to cooperation in addressing the issues raised, it would only be appropriate and fair to remove Qatar from the list of cases to be discussed by the Committee.

The Government member of Sudan noted the seriousness of the Government in promoting its legislation, which prohibited discrimination in employment and occupation. Article 35 of the Constitution of Qatar prohibited any discrimination whatsoever on grounds of political opinion, national extraction or social origin, and the labour legislation was interpreted in the light of this provision of the Constitution. Furthermore, Qatar was considering adopting a law on domestic workers in accordance with the provisions of Convention No. 189, but needed more time to implement its laws in an appropriate manner.

The Government member of Senegal thanked the Government for the information provided and welcomed the range of measures it had adopted, which demonstrated the country’s political commitment to cooperate with the ILO. She hoped that the ILO would continue to support Qatar by providing technical assistance.

The Employer member of Oman recalled that, in the previous discussion by the Committee, the former Labour Minister of Qatar had expressed his readiness to cooperate with the ILO and had promised to update the national legislation on workers’ rights. In this regard, the law on sponsorship (kafala) had been repealed by a new Decree, and this promulgation demonstrated the good cooperation of the Government of Qatar. The Committee should take into consideration these positive developments when preparing its conclusions.

The Government member of Cuba thanked the Government for the information it had provided and encouraged those present at the meeting to continue on the path of cooperation and dialogue by means of the exchange of information, the provision of assistance for capacity building, the promotion and implementation of good practices and mutual recognition of the progress made and the challenges that still lay ahead. She believed that that would be the best way to attain the objectives in an effective and sustainable manner.

The Government member of India thanked the Government for providing a detailed submission and expressed appreciation of the various measures initiated to give effect to the recommendations of the tripartite committee set up by the ILO Governing Body, as well as to the comments of the Committee of Experts. He noted the Government’s submission that sections 93 and 98 of the Labour Law were interpreted in light of Article 35 of the Qatari Constitution, which prohibited any discrimination based on political opinion, national extraction or social origin. He further appreciated the comprehensive and integrated approach adopted in implementing the National Development Plan (2011–15), as well as its focus on promoting gender equality and inclusiveness in the education and vocational training systems. Positively noting the steps taken to protect the rights of domestic workers, including the drafting of legislation on domestic workers, he encouraged the Government to expedite the adoption of the legislation and to align it with the provisions of Convention No. 189 and its accompanying Recommendation. He also noted the clarifications provided that new Law No. 21 of 2015 completely abolished the sponsorship system (kafala) and replaced it with an employment contract system. Moreover, Qatar had extended full cooperation to the high-level tripartite delegation that had visited the country and had demonstrated its continued commitment to work with the social partners and to avail itself of appropriate technical assistance from the ILO to further improve labour rights and labour protection. He supported Qatar’s efforts to further strengthen its compliance with the Convention and progressively increase the participation of women in the labour market, and he requested the Committee to fully take into account the detailed responses provided by the Government when making its recommendations.

The Government member of China noted the information provided by the Government on the steps taken to implement the measures recommended by the Committee of Experts, including the adoption of legal provisions expressly defining sexual harassment as a crime, the abolition of the sponsorship system, and the provision of vocational training and guidance. He encouraged the ILO to provide the necessary technical assistance, as requested by the Government.

The Government member of Canada expressed continuing concern at the situation of labour rights in Qatar. She strongly supported the call by the Committee of Experts for the Government to take the necessary measures to ensure the protection of all workers against discrimination on all prohibited grounds, in both law and practice, and recalled the request by the Committee of Experts for information on the measures taken or envisaged to protect migrant workers from such discrimination. She also urged the Government to adopt measures to curb any discrimination against women in the workplace, encouraged it to increase women’s participation in the labour market and recommended the adoption of draft legislation on domestic workers, a category of workers hitherto excluded from the Labour Law of 2004. Recalling the observations of the Committee of Experts on the insufficiency of the legislative framework to ensure the prohibition and effective protection against sexual harassment in the workplace, she strongly supported the requests for the Government to take the necessary steps to adopt legal provisions to prohibit quid pro quo and hostile sexual harassment at work, and to provide effective mechanisms of redress, remedies and sanctions. She also concurred with the Committee of Experts that the Government should provide further information on the steps taken by the Labour Inspection Department to detect cases of discrimination in the workplace, as well as on the measures being considered for the training of labour inspectors. She expressed appreciation of the information provided by the Government representative to the Committee and looked forward to the provision of further information in future, as requested by the Committee.

The Government member of Turkey noted the important improvements made in law and practice with regard to the application of the Convention, and particularly the annulment of the sponsorship system (kafala) by new legislation introducing a contract-based system and the preparation of draft legislation to regulate the work of domestic workers by increasing the capacity of the relevant inspection bodies of the Ministry and to provide guidance and counselling to workers with a view to informing them of their rights and obligations. Noting with interest that the National Development Plan (2011–15) included comprehensive and integrated strategies and projects to ensure equality and inclusiveness for each sex and each age group in employment and occupation, he urged the Government to continue working closely with the ILO.

The Government member of Algeria noted the information provided by the Government, especially the abolition of the sponsorship system (kafala), the introduction of a system of contracts, the adoption of a National Development Plan and the creation of a labour inspection service. He welcomed Qatar’s cooperation with the ILO.

The Government member of Bangladesh welcomed the progress made in enforcing existing laws and the initiative for legislative reforms, particularly on wage payments to expatriate workers, employment contract systems, the employment of domestic workers and various other improvements. Encouraging the ILO to provide technical cooperation to Qatar to complete the ongoing reform process and further improve enforcement, he called on the Committee to take into account the significant efforts and progress made by the Government in addressing the issues raised.

The Government member of Morocco thanked the Government for the information and clarifications provided to the Committee, as well as its present and future efforts to address the comments of the Committee of Experts. The Government had adopted new legislation ensuring the protection of workers against all forms of discrimination in employment. It had also demonstrated its will to take all the necessary measures to resolve the issues raised by the Committee of Experts, including through the adoption of the National Development Plan (2011–15), which focused on equality and inclusiveness in education and training. The plan should facilitate the adoption of new legislation to address the concerns raised by the Committee of Experts. Draft legislation on domestic workers had been prepared, based on the provisions of Convention No. 189. Law No. 21 of 2015 enabled migrant workers to change their employers freely. All of the measures taken by the Government should be welcomed and the Government should be encouraged to cooperate with the ILO to continue the legislative reform process.

The Worker member of Benin noted with satisfaction that the Government had taken steps to implement the Convention and hoped that the situation of men and women workers under the sponsorship system (kafala) would very soon change. Further noting with satisfaction that the country was in the process of drafting legislation on domestic workers, he requested the Conference Committee to take due note of the steps taken and to reflect them in its recommendations.

The Government representative noted with interest the observations made by the Employer and Worker members, as well as all the other interventions. The Government would take into consideration these observations and implement them in national law in order to promote and protect workers’ rights regardless of their sex, origin or religion. With regard to inequality in wages, the law addressed this issue, as well as conditions of work. Wages were subject to demand and supply on the labour market, regardless of sex or origin. Qatar had repealed all limitations on freedom of movement. In this regard, the sponsorship system (kafala) had been replaced by an employment contract, the new law would enter into force in December 2016 and sanctions would be imposed in cases of violation. Positive steps had been taken by the airline company, in particular the amendment of the employment contract, which would cover all crew members. The new contracts had entered into force and could no longer be declared null for the reasons raised during the discussions. Inspections were organized by the Ministry of Labour and statistics were available on that subject. The Committee of Experts would be provided with inspection reports. In conclusion, the Government of Qatar was going forward in its efforts to maintain and protect the rights of workers by adopting new legislation encouraging and improving the participation of women in the labour market.

The Employer members thanked the Government for its submission and considered that a constructive debate had taken place in which the Government had described some of the measures taken to address a variety of issues raised in the recommendations made by the tripartite committee and adopted by the Governing Body, as well as in the observations of the Committee of Experts. They hoped that the Government would continue to engage in a positive manner to address these most important issues. They urged the Government to: adopt a clear legislative framework addressing discrimination, recalling the prohibited grounds of discrimination specified in Article 1(1)(a) of Convention No. 111, including protection against sexual harassment in the workplace; provide the Committee of Experts with a full report on the measures taken in practice to ensure that individuals were not subject to discrimination on the prohibited grounds in the context of employment and occupation; provide information on the practical measures taken to improve the participation of women in the labour market pursuant to the National Development Plan (2011–15) and the commitment made by Qatar to the Committee; and continue its steps to ensure real and meaningful equality in employment and occupation. The Employer members hoped that the Government would take every measure to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment with a view to eliminating discrimination based on the prohibited grounds. They also urged the Government to continue its collaboration with the ILO and to avail itself of technical assistance to fully address the issues raised in both law and practice.

The Worker members indicated that it could be inferred from the statements made that discrimination in occupation and employment was deeply engrained in Qatari society. While that situation could not be expected to change overnight, it should change and change should start immediately. Laws prohibiting all forms of discrimination in occupation and employment should be adopted as soon as possible, in addition to proactive programmes to promote the employment of women on equal terms with men. Moreover, in order to ensure the full participation of women in the workforce, it would be necessary to ensure protection against sexual harassment at work through effective remedies and dissuasive penalties. In addition, discrimination against migrant workers should also be addressed as a matter of urgency. The Worker members were of the view that the 2015 reforms essentially amounted to kafala with a new name and were not incompliance with Convention No. 29. The protection granted under labour law should be extended to migrant domestic workers. The Worker members urged the Government to: (1) fully comply, in both law and practice, with the decision adopted by the Governing Body at its 324th Session (June 2015) with regard to the representation made under article 24 of the ILO Constitution by the ITUC and the ITF by January 2017; (2) abrogate Law No. 21 of 2015, by 2017, before it entered into force; (3) ensure that the legislation prohibited discrimination on all the grounds of the Convention; (4) ensure that domestic workers were granted protection under the Labour Code; (5) take proactive measures to address discrimination in the workplace, including by promoting the employment of women in managerial positions; and (6) take proactive measures to address sexual harassment and gender-based violence in the workplace. Finally, the Worker members fully agreed with the Employer members on the need for Qatar to request ILO technical assistance.

Conclusions

The Committee took note of the information provided by the Government representative and the discussion that followed on issues raised by the Committee of Experts.

The Committee expressed concern that discrimination in employment is not prohibited in law and in practice and that the Government has failed to take the necessary measures to guarantee non-discrimination consistent with Convention No. 111.

Taking into account the discussion of the case, the Committee urged the Government to:

• - comply, in both law and practice, by 2017, with the conclusions adopted by the ILO Governing Body in June 2015 in relation to the representation under article 24 of the ILO Constitution concerning Convention No. 111;
• - ensure that legislation covers all recognized prohibited grounds of discrimination set out in Article 1(1)(a) of the Convention, in both direct and indirect forms, and undertake measures to ensure that discrimination in employment and occupation is prohibited in law and practice;
• - ensure that domestic workers are included in the protection of anti-discrimination law;
• - take proactive measures to promote the employment of women and participation of women at all levels in the labour market;
• - take proactive measures to address sexual harassment in the workplace, including passing legislation that prohibits sexual harassment and provides effective means of redress, remedies and sanctions;
• - amend Law No. 21 of 2015 before it comes into force, taking fully into account the observations in the 2016 report of the Committee of Experts and the conclusions of the Conference Committee in 2015;
• - accept technical assistance of the ILO in order to comply with the above conclusions.

The Government representative thanked the Committee for its conclusions and assured it that his Government would take them into account when preparing its next report on the application of the Convention.

Individual Case (CAS) - Discussion: 2002, Publication: 90th ILC session (2002)

A Government representative referred to paragraph 2 of the Committee of Experts' observation which noted with interest that the Civil Service Law No. 1 of 2001 had repealed section 82 of the previous law, which gave the authorities the power to end labour contracts with nurses as of the fifth month of pregnancy. Section 110 of the new law gave more privileges to the category of nurses by granting, inter alia, paid maternity leave for two years.

The speaker drew attention to the fact that the Labour Code of 1962 and the Civil Service Law did not discriminate amongst workers on the basis of race, colour, national extraction, sex, or religion. Furthermore, the Constitution declared that all Qataris are equal in rights and duties without discrimination on the basis of race, sex or religion, and the Penal Code imposed penalties on anyone violating these principles. She recalled that the Committee of Experts had welcomed the achievements made by the State of Qatar with respect to education and training for women and their participation in the labour market. For instance, women's participation in the Administrative Development Institute increased from 26 per cent in 1997 to 42 per cent in 2001.

The speaker listed numerous examples of women occupying higher level posts. The participation of women had also increased in the various ministries between 1999 and 2000 due to the government policy to promote the employment of women and the Council of Ministers' Decree on the formulation of specific policies for women, which aimed at reinforcing the role of the family in society and employment. The new draft of the Labour Code also included vocational training and a chapter regulating women's employment and rights. The technical assistance provided by the ILO office in Beirut had provided an expert to help the Government bring Qatar's new draft Labour Code into conformity with the ratified Conventions.

With respect to discrimination on the basis of race, colour, national extraction and religion, referred to in the comments made by the International Confederation of Arab Trade Unions (ICATU), she pointed out that Qatar had not responded to the ICATU's comments as it had already initiated a process of constructive dialogue with them to resolve the issues that were raised in their comment. As a result, the ICATU had withdrawn their comment.

The Government representative pointed out that the State of Qatar was a relatively modern State in view of its recent independence which was only in 1971. Nevertheless, it had been actively taking measures and was involved in numerous forums and symposia on the issues of women, employment, training, and human resources development. Such issues were priorities in Qatar, and her country and it had solicited the ILO's technical assistance in order to examine the labour market and the possibilities of increasing employment opportunities for women, especially in the non-governmental sector.

She concluded by reiterating the commitment of her Government to put into effect the provisions of the Convention through the promulgation of laws and decrees in order to ensure the equality of its citizens as to rights and obligations, without discrimination on grounds of race, colour, national extraction, sex and religion. The Government would provide the Committee of Experts with a detailed report submitted in good time.

The Employer members stated that it was superfluous for the Government to complain about having been placed on the list of cases, as this list had been established a week ago, and recalled that good cooperation amongst the members of the Committee required Governments to be brief in their statements. They noted the positive developments indicated in the Committee of Experts' report, such as the repeal of section 82 of the Public Service Act, which authorized the authorities to terminate the employment contracts of nurses as from the fifth month of their pregnancy, as well as statistical information reflecting increases in the percentage of women employed in various sectors of the economy. With respect to the meaning and significance of Convention No. 111, they pointed out that failure to achieve immediate numerical equality did not mean that an equality policy was not being pursued. Numerical equality would only be possible in a planned economy which prohibited individual choice of occupation. They observed that the persistence of gender segregation in certain fields of employment was a phenomenon witnessed in other regions of the world, including the industrialized countries. The difficulty facing Qatar was therefore a familiar one deeply rooted in ideas and attitudes passed on from one generation to another, and it would take time and experience to overcome the traditional occupational preferences of women and men. Nevertheless, the enactment of specific provisions prohibiting employment discrimination was one step towards eradicating the problem, and on this point they noted that the Government had yet to adopt any such legislation. They concluded by requesting the Government to adopt the measures necessary to ensure real, meaningful equality in employment.

The Worker members noted that the Committee of Experts' report identified several shortcomings with regards to discrimination on the grounds of sex, but had also acknowledged the slight progress made in the areas of education and training and participation in the labour market. The crucial shortcoming, however, remained the absence of a national policy to promote the principles of Convention No. 111. They stressed the necessity of formulating such a policy, and asked that this constitute the main point of the conclusions. Noting that the Government's report to the Committee of Experts focused exclusively on discrimination on the basis of sex, they inquired as to whether discriminatory practices on other grounds existed in Qatar and requested that the Government supply information respecting all the grounds of discrimination covered by Convention No. 111 in its next report. They further requested the Government to provide information regarding the concrete targets of its educational policies concerning women, as well as information on any consultations it may have held with worker organizations. Turning to the report of the Committee of Experts, they expressed surprise that the Committee of Experts had noted the communication from the International Confederation of Arab Trade Unions (ICATU), which alleged flagrant violations of Convention No. 111, without specifying or discussing these violations - which pertained to the unequal treatment of foreign workers, measures depriving foreign workers of their freedom of movement, and significant wage differentials between foreign workers and Qatar nationals. The Committee of Experts should seek clarification as to the nature of these serious allegations, or otherwise make no reference to them at all; merely noting these violations might have created unnecessary confusion. Finally, they expressed the hope that the Government would supply information as to how Articles 2 and 3 of Convention No. 111 were being promoted, and asked that this last statement be included in the conclusions.

The Worker member of Senegal recalled that the case of Qatar was being examined by this Committee because the Committee of Experts had observed that it did not have at its disposal the information to assess concrete measures to actively promote equality in the field of employment and occupation, measures which should be aimed at the elimination of all the forms of discrimination indicated in the Convention. The announcement of a new Labour Code, which would reflect the principles and objectives of the Convention, was certainly a positive element. However, before making any conclusions, it was necessary to wait for its implementation in practice. In this country, a certain number of conservative forces still acted against the provisions of the Convention. It was still difficult to assess the real significance of women's participation in the labour market. Statistical information showing the distribution of men and women in the different occupational sectors showed the existence of a certain level of discrimination. The division found in practice imposed on the Government an obligation to promote genuine equality of opportunity and treatment in employment and occupation. In this regard, the announced repeal of section 82 of Act No. 1 of 2001, as a result of which the employment of nurses could no longer be terminated as from the fifth month of their pregnancy and the nurses could enjoy maternity leave of two years, was evidently a positive event. However, a very evident phenomenon of ostracism against women at the level of ministries and the highest positions in the public service, as well as statistics on the number of women with university degrees seeking employment and, more generally, statistics of the participation of men and women in the labour market, showed the reality of the situation. The Government should be also invited to indicate precisely the measures taken with regard to other forms of discrimination covered by the Convention and, more generally, to describe the policy that it was pursuing, within the framework of genuine social dialogue, in order to make a real break with the past.

The Worker member of Bahrain expressed his appreciation for the Government's report, including the information on economic and social reforms taking place. He also highlighted the role of the regional office in Beirut. He noted the positive steps that had been taken and hoped that the Government would be given the chance to implement the necessary reforms.

The Government representative stated that she had listened attentively to the Worker and Employer members who had spoken. Her Government intended to take into account these views, as well as those of the Committee of Experts. The new law took all of the issues raised into account, and the existing laws governing the public and private sectors did not allow discrimination on any basis. The Government would respond in full in future reports. Concerning allegations of discrimination against foreign workers, the speaker stated that freedom of movement was guaranteed to everyone in accordance with their employment contract, that workers were not forced to do any job without their consent, that they were free to leave before the end of their contract, that they were paid an indemnity for termination of a contract and that employers paid their repatriation costs.

The Government representative wished to clarify that according to last year's Committee of Experts Report, nationality was not one of the criteria for discrimination under the Convention.

The Committee took note of the information and explanations provided by the Government representative and of the discussion which ensued. The Committee recalled the importance of implementing all the aspects of the fundamental Convention on discrimination. It noted the legislative initiatives announced by the Government and some progress achieved with regard to women's access to positions of responsibility. The Committee emphasized the need to formulate and promote a policy of equality of opportunities and treatment in employment with regard to all the grounds of discrimination listed in the Convention. The Committee noted that no information had been communicated to the Committee of Experts on the manner in which the protection against discrimination on the basis of race, colour, national extraction and religion was assured. The Committee expressed the hope that the Government would provide the complete and detailed information requested and took note of the Government's undertaking to provide full information in the future. It also hoped that the Government would make every effort, with the assistance of the ILO, to formulate and apply a policy of non-discrimination and equality for all men and women, and in respect of all the grounds of discrimination set out in the Convention, in law and in practice, with the participation of the social partners.

The Government representative wished to clarify that according to last year's Committee of Experts Report, nationality was not one of the criteria for discrimination under the Convention.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Sexual harassment. With respect to its previous comments requesting the Government to take steps to prevent and prohibit sexual harassment in employment, the Committee notes the Government’s indication that sections 291 and 296 of Penal Code No. 11, 2004, sufficiently protect women against sexual harassment in employment; hence, in the view of the Government, there is no need to include similar provisions in the Labour Law, 2004. The Committee recalls that criminal laws have limited scope to prevent and address sexual harassment at the workplace, particularly the more subtle instances of work-related sexual harassment. Criminal proceedings may also not be very accommodating to address the sensitivity of the issue, and there is a higher burden of proof, which is harder to meet, especially if there are no witnesses. Therefore, the Committee again requests the Government to consider including a provision in the Labour Law that defines and explicitly prohibits sexual harassment. Awaiting such amendments, the Committee asks the Government to supply information on any convictions concerning sexual harassment in the context of work or employment on the basis of sections 291 and 296 of the Penal Code. Please also provide information on the measures adopted to raise awareness among workers and employers, as well as among law enforcers, on the problem of sexual harassment.

Equality of men and women in employment and occupation. The Committee notes the Government’s statement that the Department of National Labour Force Development endeavours to prevent any segregation in job candidatures on the basis of sex, and gives priority to the qualification, specialization and date of registration of jobseekers. Employers are encouraged to engage women in different fields and types of employment. The Committee notes that the National Strategy for the Development of Women has been revised and become part of the General Strategy for the Family and its follow-up plan, which have yet to be adopted. The economic component of the General Strategy for Family includes strategic objectives concerning women and the labour market and the operational plan contains programmes to achieve equality in jobs, recruitment and promotion, as well as programmes to encourage women to work in the fields of law, diplomatic service, health and information. The education component of the strategy contains objectives and projects to provide and develop training opportunities for both men and women, and to use the education system to promote a positive image of women, her position in the family and in the society and of her role in social development. The Committee further notes that the High Council for Family Affairs is preparing studies on the barriers that hinder women from reaching leadership positions, and on part-time work. It is also implementing a programme of empowerment of women in north Qatar through training courses and undertaking a study on available employment opportunities for them and their tendencies with regard to work. The Committee asks the Government to provide information on the implementation of the economic and education components of the General Strategy for Family and its follow-up plan, and its impact on achieving equality between men and women with respect to access to a wide range of training courses, jobs and occupations, including posts of responsibility. Please also indicate the measures taken under the education component to address stereotypical views of what jobs are appropriate for women and men. The Committee would also be grateful to receive information on the findings of the studies undertaken by the High Council for Family Affairs and on its activities to promote women’s employment in North Qatar. 

Distribution of men and women in the public and private sectors. The Committee notes from the statistics provided by the Government that women constitute 42.5 per cent of the professors and employees of the University of Qatar. However women only constitute 19.4 per cent of professors while they represent 68 per cent of assistant teachers and 47 per cent of employees. The Government indicates that women have managed to occupy leadership positions which, until recently, were previously held by men and that activities are being undertaken to upgrade and further develop the leadership capacities and qualifications of the staff. The Committee further notes the information provided on the number of men and women jobseekers that have been provided with employment. While appreciating the data provided, the Committee once again asks the Government to provide more detailed information on the proportion of men and women at each level within the various occupations in the private and public sectors.

Cooperation with employers’ and workers’ organizations. The Committee asks the Government to provide specific information on how the workers’ and employers’ organizations are being involved in the implementation of the abovementioned strategies, plans, studies and measures to promote equality between men and women in employment and occupation. Please also indicate how their cooperation is being sought with respect to measures taken to address discrimination and promote equality with respect to the other grounds covered by the Convention, with an indication of the relevant activities undertaken.

Special measures of protection and assistance. The Committee notes the Government’s statement that no decision has been issued pursuant to sections 94 and 95 of the Labour Law concerning industries, occupations and jobs that are prohibited to women and concerning working time. The Committee recalls, however, the Government’s previous statement that some ministerial orders are in force. The Committee hopes that, in adopting regulations or orders pursuant to sections 94 and 95 of the Labour Law, it will be ensured that protective measures will be limited to protecting maternity and that those aimed at protecting women because of their sex or gender, based on stereotyped assumptions, will be repealed. The Committee requests the Government to keep it informed of any regulations or orders issued pursuant to sections 94 and 95 of the Labour Law concerning industries, occupations and jobs that are prohibited to women and concerning working time. Please also provide copies of those ministerial decisions that are in effect and to which the Government had referred to in its previous report.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention. Legislation. The Committee recalls that the provisions in the Constitution and Labour Law No. 14, 2004, are considerably narrower than the principle set out in the Convention as they do not cover discrimination based on political opinion, national extraction and social origin and only protect against discrimination in certain aspects of employment. Therefore, the Committee had asked the Government to consider amending its legislation so that it more fully reflected the principle of equal opportunity and treatment as set out in Article 1 of the Convention. The Committee notes that the Government once again states that the Constitution and Labour Law No. 14, 2004, provide adequate protection against discrimination in employment and occupation on the grounds enumerated in the Convention. The Government states that, since the fundamental principle of non-discrimination and equality is laid down in the Constitution, all other laws should be in conformity with this principle. Rather than repeating this principle in supplementary legislation, the Government intends to concentrate on its practical application. The Committee recalls that while there is no general obligation to legislate in all the areas covered by the Convention, where provisions are adopted to give effect to the principle of the Convention, they should include all the grounds of discrimination set out in Article 1(1)(a) of the Convention. While appreciating the Government’s explanations, the Committee still maintains that an explicit non-discrimination provision in the Labour Code covering all the grounds would considerably improve the legal protection against discrimination in employment and occupation. The Committee, therefore, asks the Government to take the necessary steps to amend its legislation so that protection against discrimination is guaranteed with respect to all the grounds of discrimination set out in Article 1(1)(a) of the Convention, including national extraction, political opinion and social origin. Please also indicate how protection against discrimination on the grounds covered by the Convention is being ensured, in practice, with respect to access to vocational training and guidance, access to employment and particular occupations, including recruitment, as well as with respect to all terms and conditions of employment.

Equality of opportunity and treatment and non-discrimination of migrant workers. Practical application. The Committee notes that Qatar is receiving a growing number of foreign workers, mainly from Asian and African countries. It notes from the Government’s report that the National Human Rights Committee (NHRC) has received several complaints from domestic workers, who are mainly women, alleging excessive hours of work without weekly rest, prohibitions on leaving the house, and inhumane and severe mistreatment. The Committee further notes the report of 2006 of the NHRC in which it expresses concern about the working conditions and rights of migrant workers in the construction, digging and concrete-making industries, and of domestic workers. The NHRC is particularly concerned about the abuses against and mistreatment of migrant workers, as well as instances of human trafficking, resulting from the sponsorship system currently in place. According to the NHRC, the system prevents workers from changing their working conditions and has led to arbitrary practices by sponsors, including the non-payment of wages, withholding workers’ passports, lack of adequate accommodation, shortage of food, involuntary long hours of work, battering, lashing, detention and sometimes sexual harassment or rape. Due to the high dependency on their employer, workers are reluctant to complain out of fear of losing their job and being deported. The NHRC is also extremely preoccupied by the fact that migrant workers, including domestic workers, are being held in the Deportation Detention Centre for long periods of time following a request by their sponsor or pending the resolution of civil and labour disputes with their sponsor. According to the NHRC there is an urgent need for the establishment of an effective and accessible mechanism within the Labour Department to settle disputes between migrant workers and their sponsors.

The sponsorship system. The Committee notes that Law No. 3 of 1963 on the entry and residence of aliens in Qatar, and its amending laws, and Act No. 3 of 1984 on the regulation of the sponsorship of the residence and exit of aliens, as amended by Law No. 21 of 2002 regulate the sponsorship system. Under the legislation, every foreigner asking for admittance or residence in Qatar to work, practice a profession or trade must have a sponsor. Section 19(1) of Law No. 63 provides that a foreigner who has been admitted for a certain job shall not leave that job for another, and shall leave the country in case of cancellation of the sponsorship for any reason whatsoever. However, the Minister of Internal Affairs may approve the transfer of sponsorship of a foreign worker to another employer, if this is considered in the interest of the country. Furthermore, section 5 of Ministerial Order No. 21 of 2001 provides that foreign workers may only change their employer, and therefore sponsor, if their sponsor agrees, and only under certain conditions. Furthermore, sections 21 and 22 of the Law of 1963 provide for the deportation of foreigners in a number of cases and their mandatory stay in certain areas for two weeks, which is renewable. The Committee notes that the NHRC has called for the abrogation of Law No. 3 of 1963 and Law No. 3 of 1984, and asked the Government to enact legislation that restores balance to the worker–employer relationship.

Legal protection of migrant workers and enforcement of their rights. The Committee recalls that article 35 of the Constitution provides that there shall be no discrimination on account of sex, origin, language, or religion, and that Labour Law No. 14, 2004, applies to migrant workers, although casual workers, domestic and similar occupations remain outside the scope of the Labour Law. However, the Committee notes that, following a recommendation of the NHRC, the Government has submitted a draft law regulating the employment of domestic workers to the Council of Ministers. The Committee further notes that migrant workers may submit complaints to the NHRC which, pursuant to section 2(3) of Decree Law No. 38, 2002, on the establishment of the National Committee of Human Rights, can investigate complaints of human rights and suggest suitable means to address them. The Committee notes that, in 2006, the NHRC received 1,202 complaints, of which 160 concerned deportation decisions, 340 sponsorship transfer requests and 230 complaints regarding disputes between sponsors and workers concerning money, travel, sponsorship transfer or the obligation to work for another employer; 31 complaints were received relating to the right to work. The Committee further notes that, according to the Government, the NHRC has always examined complaints from domestic workers as a matter of urgency or has appointed social officers to investigate the facts and the validity of the allegations. Complaining workers have been transferred to other employers, or an end is put to the employment relationship, and once the workers have received their financial entitlements, their repatriation is ensured.

The Committee’s assessment. The Committee welcomes the fact that the situation of migrant workers in Qatar is being given increased attention, and that violations of their rights are now being documented and recognized. Nevertheless, noting the serious concerns expressed by the NHRC, the Committee is concerned about the disproportionate dependency of the worker on the employer created under the sponsorship system, which enhances workers’ vulnerability to abuse and exploitation and contributes to the reluctance to report abusive working conditions. The Committee is also concerned about the practice of holding migrant workers in the Deportation Detention Centre awaiting the outcome of labour disputes with their sponsor, although some measures appear to have been taken to address this issue. Concerned that the possibility for employers under the sponsorship system to exert disproportionate power on migrant workers leads to discrimination against migrant workers on the basis of race, sex, religion and national extraction with respect to their conditions of work, the Committee asks the Government to provide the following information:

(i)    the concrete measures taken, including by the NHRC, to address discrimination of migrant workers based on race, sex, religion or national extraction in employment and occupation, and in particular in relation to their conditions of work;

(ii)   any follow up to the recommendation of the NHRC to abrogate Law No. 3 of 1963 on the entry and residence of aliens in Qatar and Law No. 3 of 1984 on the regulation of the sponsorship of the residence and exit of aliens, as amended by Law No. 21 of 2002; pending legislative steps in this regard, to examine the extent of discrimination of migrant workers based on the grounds set out in the Convention, including the discriminatory impact that the sponsorship system may have on migrant workers;

(iii) measures taken to strengthen further the enforcement of the legislation applicable to migrant workers with a view to eliminating and preventing discriminatory or abusive practices and treatment contrary to the Convention and the legislation, including through providing accessible and effective complaints procedures and providing adequate information, counselling and legal assistance to migrant workers;

(iv)  the number and nature of complaints relating to employment discrimination submitted by migrant workers, and in particular domestic workers, to the NHRC or other authorities competent to monitor their situation, as well as the remedies provided. Please also indicate any activities undertaken by the labour inspection services to address discrimination against migrant workers; and

(v)   the status of the draft law on the employment of domestic workers, which the Committee hopes will be in conformity with the principle of the Convention. Please also indicate whether any legislative steps are being considered to extend the Labour Law to casual workers.

Equality between men and women. Access to vocational training and education. The Committee notes the statistics concerning the distribution of men and women in training and educational institutions. With respect to the enrolment in university courses, the figures show that 89.9 per cent of the students enrolled in the College of Arts and Science are women and that women constitute 68.3 per cent of the students of the College for Business and Economics, 80.4 per cent of students of the College of Education, 70.8 per cent of students in the College for Sharia and Islamic Studies, 58.2 per cent of the students in the College of Law, 51.8 per cent of the students in the College of Engineering and 76.2 per cent in the Foundation Programme Unit. The Committee also notes that some of the courses do not have any women enrolled, or in very low numbers, while in others they constitute 100 per cent of the student body. The Committee further notes that a help desk has been opened which has a wide variety of tasks aimed at assisting jobseekers in obtaining a job that matches their specializations, skills and tendencies. The help desk also prepares studies and compiles statistics on employment and presents conclusions and recommendations in this regard. The Committee asks the Government to continue to provide comparable statistical information on the distribution of men and women among the various educational and training institutions, as well as information on how the education and training received by women translate into employment opportunities once they complete the courses. Please also provide information on the activities of the help desk to promote women’s employment.

Discrimination based on sex. Job advertisements. The Committee recalls its previous observation in which it noted that jobs were advertised and filled based on stereotyped assumptions. It had expressed concerns about the Government’s explanations that advertisements referring to “female secretary” and “male accountant” were not discriminatory but based on the employer’s evaluation of the most suitable applicant for a specific post, based on expertise and gender. The Committee notes the Government’s statement that certain professions are still exclusively held by men because women do not apply for such positions. The Government also states that, in Arabic, job titles are referred to in the masculine which does not mean that women are prohibited from applying or that the employer refuses to employ women. The Committee recalls that stereotyped assumptions regarding women's capabilities and “suitability” for certain jobs contribute to discrimination in hiring. While noting the Government’s explanations, the Committee is unable to conclude that no discriminatory practices exist with respect to job advertisements and hiring. The Committee urges the Government to take more proactive measures to address discriminatory advertising and hiring practices, such as awareness raising to eliminate stereotyped assumptions by employers of women’s or men’s suitability for certain jobs, as well as measures encouraging women to apply for posts traditionally or exclusively held by men, for example, by explicitly stating that both men and women are encouraged to apply for the job.

National human rights machinery. In addition to the information mentioned above on the complaints received by the NHRC, the Committee notes the extensive information provided by the Government on the awareness-raising and promotional activities of the NHRC on the promotion of human rights. The Committee further notes that the Government’s statement that the NHRC has never encountered any discrimination in employment and occupation on the ground of religion which can be attributed to the freedom of creed and belief of all citizens of Qatar. The Committee notes that the Government’s report does not include any information on complaints received by the NHRC or other competent bodies relating to discrimination based on any of the other grounds covered by the Convention. The Committee recalls that the Convention covers citizens and non-citizens and that the absence of complaints relating to employment discrimination based on religion or on other grounds covered by the Convention is not an indication of the absence of such discrimination in the country. The Committee asks the Government to continue to provide information on the following:

(i)    the measures taken, and their impact, by the NHRC and other competent bodies to promote equality of opportunity and treatment in employment and occupation with respect to all the grounds covered by the Convention;

(ii)   the complaints received by the NHRC and the courts regarding discrimination relating to the grounds set out in the Convention, and the remedies provided; and

(iii) the measures taken to increase awareness among workers and employers about the manifestations of employment discrimination covered by the Convention. Please also indicate how collaboration with workers’ and employers’ organizations is being sought in this regard.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 1. Sexual harassment. In its previous comment, the Committee noted that though the present legislative framework was not sufficient to protect against sexual harassment in the workplace, the Government had indicated that it intended to develop legal rules specifically to address sexual harassment. However, the Committee notes that the Government does not, in its most recent report indicate that any steps have been taken in this regard, and states only that no cases of sexual harassment have been brought before the courts. The Committee requests the Government to take measures to prevent and prohibit sexual harassment in employment, in line with its 2002 general observation, and to inform the Committee of any progress made in this regard.

2. Article 2. Equality of women and men in employment and occupation. The Committee noted previously the fact that the Government’s five-year plan (2001-05) anticipated the number of workers needed in the coming years segregated by sex. The Committee expressed concern that segregating the needs of the labour market on the basis of sex could predetermine the educational and work opportunities available to women and men. The Government indicates in its report that this approach to the needs of the labour market is based on the desires of employers. The Committee continues to be concerned that the Government’s approach to labour market needs is reinforcing existing stereotypes of what jobs are appropriate for women and for men. The Committee urges the Government to take measures to address stereotypical views of what jobs are appropriate for women and men, including through awareness raising for workers and employers, and to seek the cooperation of employers’ and workers’ organizations in this respect. The Committee also requests the Government to ensure that policies and plans under its control are not reinforcing stereotypes in employment and occupation.

3. With respect to employment of women in the public, private and mixed sectors, the Committee notes the information provided by the Government regarding the increase in the number of women working in all sectors. However, it is not clear in what type of jobs women are employed. The Committee, therefore, requests the Government in future to also provide information regarding the proportion of women and men at each level within various occupations.

4. Article 3. Cooperation with employers’ and workers’ organizations. The Committee notes the information provided by the Government regarding the continued dialogue and collaboration between the Government and the International Confederation of Arab Trade Unions. The Committee requests the Government to continue providing information on the consultations and activities undertaken with employers’ and workers’ organizations to promote the principle of the Convention.

5. Article 5. Special measures of protection or assistance. With respect to sections 94 and 95 of the Labour Law, anticipating protective measures for women through regulation, the Committee notes the Government’s indication that some ministerial orders are now in effect and others are pending. The Committee requests the Government to forward copies of any regulations or orders issued pursuant to sections 94 and 95 of the Labour Law concerning industries, occupations and jobs that are prohibited to women and concerning working time.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 1 of the Convention. Legislation. The Committee noted in its previous observation that in the process of adopting a new Constitution and a new Labour Law, the opportunity had not been taken to give effect fully to the Convention. In particular, the prohibited grounds of discrimination had not been modified in the new Constitution, so that discrimination on the grounds of political opinion, national extraction and social origin were still not included. The Committee notes the Government’s indication that the issues under Convention No. 111 are resolved through the Labour Law, 2004, since, according to the Government, it applies to all workers without discrimination. The Committee again draws the Government’s attention to the fact that the Labour Law has only limited provisions dealing with discrimination, which are considerably narrower than the principle set out in the Convention. The Labour Law provides that men and women shall be paid the same wage for the same work, that women shall have the same opportunities for training and promotion (section 93), and that an employer may not terminate a woman’s contract due to her marriage or taking maternity leave (section 98). In addition, the Committee recalls that the Labour Law excludes a number of groups of workers, which may be particularly vulnerable to discrimination, such as casual workers and domestic workers (section 3), the latter group being comprised primarily of women. The Committee regrets that in adopting new legislation, the opportunity was not taken to include all the grounds enumerated in Article 1(1)(a) of the Convention, and that non‑discrimination on these grounds was not ensured for all workers with respect to access to vocational training and guidance, access to employment and particular occupations, including recruitment, as well as with respect to all terms and conditions of employment. The Committee again urges the Government to consider amending the labour legislation so that it more fully reflects the principle of equal opportunity and treatment as set out in Article 1 of the Convention, including a prohibition of discrimination on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, in all aspects of employment and occupation.

2. Article 2. National equality policy. The Committee notes its previous comments, regarding the importance of formulating and applying a policy of non-discrimination and equality, with respect to all the grounds set out in the Convention, including measures in law and practice that provide effective protection from discrimination and promote equality in employment and occupation. The Committee notes the information provided by the Government regarding the establishment of the National Committee for Human Rights, which is mandated to promote international human rights instruments to which Qatar is a party, examine complaints, and undertake awareness raising and sensitization in this area. The Committee also notes the Government’s reference to the work of the High Council for Family Affairs, which is to prepare a strategy for women’s progress in collaboration with UNIFEM, with the aim of giving women a more active and influential role in society and its development, achieve wider participation of women in higher echelons of authority and decision-making positions, endeavour to change the trends and societal values which hinder the acceptance of women’s participation in development projects, and reaffirm Arab and Muslim values and principles which seek complementarity between men and women in society. The Committee requests the Government to provide information on the specific activities undertaken by the National Committee for Human Rights to promote equality of opportunity and treatment on all the grounds set out in the Convention, namely, race, colour, sex, religion, political opinion, national extraction or social origin, including awareness raising and sensitization, and details of any complaints received regarding discrimination, and the outcome thereof. The Committee also looks forward to receiving a copy of the strategy paper prepared by the High Council of Family Affairs, as well as information on its follow-up. Please also continue to provide information regarding the specific activities of the High Council of Family Affairs relevant to the promotion of the Convention.

3. Equality between men and women. The Committee notes the information provided by the Government regarding the number of women enrolled in university and various training programmes, including those offered by Qatar Petroleum and Qatar Communications Company. The Committee notes that in the university courses, in some areas, the number of women decreased between 2004 and 2005, including in the faculty of political science and management, and law and Sharia, while in other areas, such as computer and industrial engineering, there is a slight increase in the number of women. In the training institutes, there has been an increase in women in the area of administration and nursing, and a decrease in accounting and information technology. In the Qatar Communications Company, the Committee notes that during the same period, there has been a decrease in female trainees in all areas. The Committee requests the Government to continue providing comparable statistical information on the distribution of men and women among the various educational and training institutions. It also requests information regarding how the education and training received by women translate into employment opportunities once they complete the courses. The Committee would also like to receive information on any measures taken to promote training and educational opportunities for women in areas that have traditionally been dominated by men.

4. The Committee notes with concern the indications in the Government’s report that jobs are advertised and filled based on stereotyped assumptions of what is appropriate for men and women. The Government provides examples of newspaper advertisements specifying the sex of those who may apply, such as a male accountant or a female secretary. The Committee also notes with concern the Government’s explanation to the effect that such advertisements and hiring practices are not discriminatory, but are based on the employer’s evaluation of the most suitable applicant for a specific post, based on expertise and gender. The Committee draws the Government’s attention to the fact that such advertising and hiring practices constitute direct discrimination based on sex, and are incompatible with the principle of non-discrimination in employment and occupation. The Committee therefore urges the Government to take measures to promote equal access of women and men to all types of employment and occupation, and to prohibit discriminatory advertising and hiring practices.

The Committee is raising other and related matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. Recalling its 2002 general observation, the Committee notes the Government’s indication that at present, there are no laws dealing with sexual harassment in the workplace. The Committee notes, however, the Government’s reference to other statutory provisions in the Labour Law (section 51(2)), the Public Service Act (section 75) and the Criminal Code designed to uphold the dignity of employees and employers. The Committee considers these provisions alone are likely insufficient to protect against sexual harassment in the workplace. The Committee is nonetheless encouraged by the Government’s apparent intention to develop legal rules in the future that specifically address sexual harassment. The Committee, therefore, asks the Government to keep it informed of any legislative measures taken to define and prohibit sexual harassment in line with the Committee’s general observation, along with any practical measures adopted to discourage sexual harassment in the workplace. The Committee also asks the Government to indicate whether any cases of sexual harassment have been brought before the courts or other competent authorities invoking the abovementioned provisions and what remedies or sanctions were applied.

2. Article 2. Equality of men and women in employment and occupation. The Committee notes the information in the Government’s report describing its follow-up to the recommendations of the 1997 Conference on "Women and the labour market". It notes that a few of these recommendations, including the one on maternity leave, were immediately approved by the Council of Ministers and put into practice. Subsequently, other recommendations (the creation of a High Committee for Family Affairs and an administrative tribunal for civil servants and workers) were also adopted. The Committee further notes that at present, the recommendation on granting equal housing allowances for female civil servants has started to be applied. The Committee requests the Government to continue to supply details on the implementation of these recommendations and, in particular, to provide information on the work of the High Committee for Family Affairs and the administrative tribunal with respect to discrimination in employment and occupation.

3. Further, the Committee notes with interest the information in the Government’s report on a number of initiatives aimed at addressing the situation of women’s employment in the country. For example, the self-employment project in collaboration with the ILO targeting unemployed female graduates and envisioning the creation of a small enterprises training centre for women. The Committee encourages the Government to continue its efforts to study and improve the working opportunities of women and asks that in subsequent reports, the Government provide detailed information on the outcomes of these initiatives.

4. With regard to the implementation of the five-year plan (2001-05), the Committee notes the Government’s explanation for how it gathered data to determine the anticipated number of workers needed to supply the labour market in the coming years in both the public and private sectors. The Government’s report does not clarify, however, why male and female workers are considered separately in determining this demand. The Committee is concerned that segregating the needs of the labour market on the basis of sex risks predetermining the educational and work opportunities available to men and women and, accordingly, is detrimental to the principle of equality of opportunity and treatment in employment. The Committee asks the Government to indicate why, under the five-year plan, the anticipated demand for workers is different for men and women in the public and private sectors and, specifically, what sorts of jobs are anticipated to be filled by male graduates in comparison with female graduates.

5. Article 3(c). Employment of women in the public service. The Committee thanks the Government for its explanations concerning the repeal of section 82 of the Civil Public Employment Act which authorized the authorities to terminate the employment contracts of nurses as from the fifth month of pregnancy. It notes the Government’s statement that nurses are now subject to the same rules as civil servants under the authority of the Public Service Act (Act No. 1 of 2001) and that this law covers rules on maternity leave. The Committee nonetheless asks the Government to indicate the impact, in practice, of this change in law on the employment of female nurses (i.e. do pregnant nurses in fact work beyond their fifth month of pregnancy and how many are returning to work after childbirth).

5. Article 5. Special measures of protection or assistance. With reference to the newly adopted Labour Law, 2004, the Committee notes with interest the inclusion of provisions on maternity leave (section 96), and rest intervals for nursing female workers (section 97). The Committee hopes that the application of these provisions in practice will have a positive effect on women’s equal participation in the labour market. The Committee also notes that protective measures are anticipated under section 94 whereby women are prohibited from employment in dangerous, arduous work, work detrimental to their health, morals or other work to be specified by a decision of the minister. Similarly in section 95, the minister has the discretion to decide the times during which women are allowed to work. The Committee would be grateful if the Government would provide information on the impact of the maternity protection available under the Labour Law on women’s equality of opportunity and treatment. The Government is requested to provide a copy of any regulations issued under sections 94 and 95 of the Labour Law concerning industries, occupations and jobs which are prohibited to female workers and concerning working time.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the report of the Government and the attached documentation along with the discussions in the Conference Committee on the Application of Standards in June 2002. Recalling the communication from the International Confederation of Arab Trade Unions (ICATU) dated 11 March 2002, alleging the existence in Qatar of discrimination on the basis of sex, race, religion and nationality, the Committee notes a subsequent communication from the ICATU dated 15 May 2002 withdrawing, in effect, its previous communication in light of the ongoing dialogue with government officials on these matters. The Government confirmed during the 2002 Conference Committee discussions that a constructive dialogue with ICATU to resolve the issues raised by them had indeed been initiated. The Committee commends both parties for their willingness to engage in constructive dialogue to address these outstanding issues of discrimination in employment and occupation, and it asks the Government to keep it informed on the progress and outcome of these discussions.

2. Article 1 of the Convention. Legislative developments. The Committee notes the adoption in 2003 of the Permanent Constitution of the State of Qatar and in particular article 35, which prohibits discrimination on the basis of sex, race, language and religion. This article leaves unmodified the grounds of discrimination prohibited in earlier constitutional instruments and the Committee notes with regret that in promulgating the Permanent Constitution, the Government did not add the grounds of political opinion, national extraction and social origin which are covered by the Convention. Further, the Committee notes the new Labour Law of 2004 and the Government’s statement that the new legislation applies to all workers without discrimination. The Committee recalls its previous observation in which it had expressed the hope that the Labour Law would fully reflect the principles and objectives of the Convention. While welcoming the legislation adopted, the Committee regrets that the Labour Law of 2004 only provides for equal opportunities and protection against discrimination on the basis of sex with respect to remuneration, training and promotion, and dismissal (sections 93 and 98), and that it excludes from its scope of application certain groups of workers which may be particularly vulnerable to discrimination, such as casual workers and domestic workers, the latter group being comprised primarily of women (section 3). The Committee has consistently held that where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in Article 1(1)(a) of the Convention (General Survey, 1988, paragraph 58). Further, non-discrimination on these grounds should be ensured for all workers with respect to access to vocational training and guidance, access to employment and particular occupation, including recruitment, as well as with respect to all terms and conditions of employment. The Committee therefore urges the Government to consider amending its labour legislation to include provisions that would more fully reflect the principle of equality of opportunity and treatment as set out in Article 1 of the Convention, including a prohibition of discrimination on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, in all aspects of employment and occupation.

3. Articles 2 and 3. National policy to promote equality. The Committee notes that the Conference Committee emphasized the need for the Government to formulate and apply a policy of non-discrimination and equality for all men and women, and with respect to all the grounds of discrimination set out in the Convention. In this regard, the Committee recalls that although constitutional provisions on equality and the absence of discriminatory laws may be considered as elements of a national policy to promote equality as required under the Convention, it is not sufficient in itself to constitute such a policy. It considers that a national policy in accordance with Articles 2 and 3 of the Convention should include measures, in law and in practice, that effectively provide protection from discrimination and promote equality in employment and occupation. While commending the Government for the measures taken to promote women’s access to training and employment opportunities, the Committee nevertheless recalls that, in order to declare and pursue a national equality policy in accordance with the Convention, it is necessary for the Government to address discrimination on all the grounds covered by the Convention. Moreover, Article 3(f) of the Convention requires the Government to indicate in its reports on the application of the Convention the action taken in pursuance of the policy and the results achieved by such action. The Committee therefore requests the Government to provide information on the measures taken to promote and ensure equality of opportunity and treatment on all the grounds listed in the Convention in practice, such as information on awareness raising or training initiatives, research studies, surveys or similar activities carried out to address the various forms of discrimination.

4. Equality between men and women. The Committee notes with interest the creation of a Training and Rehabilitation Centre for women through the Ministry of Civil Service Affairs and Housing. It also notes an increase in the enrolment of women, for instance, in studies at the Qatar Technical College where female students in fact outnumber their male counterparts. However, the Committee notes that in some instances, the distribution of men and women continues to reveal that certain specializations are exclusively pursued by women (e.g. all 540 students enrolled in the Advanced Institute for Nursing Care are women) while other studies are mostly pursued by men. For instance, 90 per cent of the 2,463 interns reported to have received training through Qatar-Communications between 2000 and 2001 were men. In this regard, the Committee also notes that the statistics in the Government’s report on training programmes offered through Qatar Petroleum are not disaggregated by sex, unlike the comparable figures included in the Government’s report from 2001. This earlier data showed that of the 895 individuals enrolled in a variety of technical specialties, only 120 were woman and all of these women were enrolled in the secretarial programme. The Committee requests the Government to continue to provide information on any current or planned measures to promote equal access of men and women to all areas of training and education, and to supply statistics on the distribution of men and women among the various educational and training institutions. In particular, it asks the Government to give more detailed information on the number of men and women enrolled in training programmes offered through Qatar Petroleum as well as on the curriculum and operation of the newly created Training and Rehabilitation Centre.

5. The Committee notes the information provided by the Government regarding the participation of women in the labour market and is encouraged in particular by the statistics showing an increase in the number of women employed in the scientific and technical sectors (6,944 in 2002 compared with 6,041 in 2001). With respect to employment in the public sector, the Government states that it has undertaken measures destined to give Qatari women the same chances as men to enter the civil service. While appreciating the data provided on the distribution of Qatari employees classified by occupation and sex, the Committee notes that the Government’s report no longer includes detailed statistics on the distribution of male and female employees in the various ministries and other government bodies. The Committee wishes to remind the Government that in order to assess the practical impact of policies destined to enhance equality in employment and occupation, the Committee relies on the regular reporting of comparable data. The Committee requests the Government to continue to provide information on the measures taken or envisaged to promote the equal participation of women in the public service and private sector, including in higher-level posts. It requests the Government to supply in its future reports, up-to-date and comparable data regarding the participation of men and women workers in the private and public sectors. In particular for the public sector, the Government is asked to supply statistics on the distribution of men and women employed in the various ministries and government bodies and in the various occupations.

6. Finally, the Committee wishes to draw the Government’s attention to the need to ensure that policies and programmes to promote the application of the Convention are not based on stereotypes concerning the roles and abilities of men and women with respect to work and family responsibilities. In this regard, the Committee notes with some concern the statement in the Government’s report that Qatari women are receiving increased attention in the area of vocational training in relation to their "nature and appropriate work". Elsewhere, the Government states that there has been notable progress in the recruitment of women in areas of work that are adapted to their "nature, availability and capabilities". The Committee wishes to remind the Government that stereotypes concerning the roles of men and women with respect to work and family responsibilities will often have a discriminatory effect on equality of opportunity and treatment. The Committee urges the Government to pursue inclusive training policies that do not limit the work opportunities of women according to their perceived nature, aptitude or potential but which encourage the widest range of opportunities.

The Committee is raising related and other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. With reference to its previous request for information regarding the prohibition of discrimination on the ground of political opinion, the Committee notes from the report of the Government that the Order of the Emir No. 111 of 1999 provides for the setting up of a committee for the drafting of a permanent Constitution which is to replace the temporary basic statutes currently in force. The Government had previously informed the Committee that the authorities were examining the possibility of establishing such a prohibition formally in a legal text, including in respect to employment and occupation. The Committee requests the Government to take the necessary steps to ensure that the future permanent Constitution gives full effect to the principles of the Convention, including the prohibition of discrimination on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin. The Government is asked to keep the Committee informed of the measures taken in this respect and hopes the Government will be able to report progress.

2. In respect of the implementation of the five-year plan (2001-05) for the training and qualification of secondary school and university graduates, the Committee notes the numbers of male and female graduates of the various educational levels needed by the labour market during the years of the plan. The Government is asked to indicate how these numbers are established in determining the sex of the persons needed by the labour market.

3. The Committee notes that the Government has sought the assistance of the ILO and other organizations in studying the situation of women in the Qatari labour market and to increase job opportunities for women. The Committee would appreciate receiving information on the progress and results achieved by these efforts, as well as follow-up thereto.

4. With respect to its previous comments on the follow-up to the 1997 Conference on "Women and the Labour Market", the Committee notes that the Government supplies information on three of the recommendations made by the Conference, which relate to the establishment of nurseries at the workplace, maternity leave and granting housing allowances to female heads of households independent from their marital status. The Committee notes that a committee has been established to examine the recommendations of the Conference and to refer them to the decision-making authorities. Noting the importance of taking effective measures to promote equality of women in the labour market, the Committee requests the Government to include in its next report information on the status of the implementation of these recommendations.

5. In response to the Committee’s previous request concerning the jobs from which women are formally banned, the Government has informed the Committee that, while under the current Labour Code women are not excluded from any particular jobs, the new Labour Code will include a provision prohibiting the employment of women in tasks that endanger their health and morals. With reference to any prohibitions adopted, the Committee is of the view that any prohibitions should be limited and justified with the aim of protection, such as protection of pregnant and nursing women. They should be adopted in light of the principle of equality of opportunity and treatment. The Committee hopes that the Government will take these considerations into account and will report on the provisions adopted.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes the report of the Government and the attached documentation. The Committee also notes the new communication from the International Confederation of Arab Trade Unions (ICATU), which has been sent to the Government on 9 April 2001 for comment. ICATU alleges the existence of flagrant inequalities between men and women and on the basis of sex, race, religion and nationality. In the absence of a reply by the Government, the Committee recalls its previous requests to the Government related to the necessity of declaring a national policy designed to promote equality of opportunity and treatment in employment and occupation, with a view to the elimination of any discrimination. While the absence of discriminatory laws and administrative measures may be considered as elements of a national policy, it is not sufficient in itself to constitute such a policy as prescribed under Articles 2 and 3 of the Convention. A national equality policy necessarily includes the adoption and implementation of proactive measures and policies aimed at promotion of equality in employment and occupation in respect of all the grounds listed in the Convention. Noting that the Government is referring to a new Labour Code, the Committee hopes that the Code will fully reflect the principles and objectives of the Convention, and requests the Government to provide a copy as soon as possible.

2. Discrimination on the grounds of sex. With reference to its previous comments, the Committee notes with interest that Act No. 1 of 2001, on the promulgation of the Public Service Act, repeals section 82 of that Act, which authorized the authorities to terminate the employment contracts of nurses as from the fifth month of their pregnancy. The Committee requests the Government to provide information on the impact of this change in law on the employment of female nurses.

3. The Committee welcomes the information provided by the Government on the status of women in education and training, as well as their participation in the labour market. The information continues to show the participation of women in vocational training programmes, and in some instances the Committee notes that their participation is increasing. For example, the percentage of women students at the Institute for Administrative Development has increased between 1997 and 2001, from 26 per cent to 42 per cent. The Committee notes the distribution of men and women in the various training programmes reveals that some specializations are only or mainly pursued by women (applied chemistry and biology, computer information technology, geographic information systems, administrative information systems, nursing, office and secretarial work), while in other fields only men are represented (electro-mechanics, communications, technology of construction, land surveying and management, health monitoring and petroleum). The Committee asks the Government to continue to provide information on the distribution of men and women in the programmes provided by the various training and education institutions at all levels, including the technical college recently established. Noting the concentration of women in specific fields, the Committee requests the Government to take measures to promote equal access of men and women to all areas of training and education, according to their own choice, including through promotional activities and adequate vocational guidance, and to keep the Committee informed in this respect. The Committee also hopes the Government will adopt policies and measures to address the existing occupational segregation and the lack of women in management training programmes.

4. With reference to the participation of men and women in the labour market, according to sectors and occupational groups, the Committee notes the examples given by the Government for increasing public employment of women outside the fields of education and health in response to the Committee’s previous comments. In this respect, it notes that the participation of women in various ministries has increased from 1999 to 2000, including municipal affairs (0.9 per cent), justice (6.5 per cent) and foreign affairs (0.2 per cent). While noting these slight improvements in employment levels of women in ministries, the Committee notes that the overall level of female participation in government employment remains generally low, with the highest participation in education and health. The Committee also notes that as of 31 December 1999, out of 14,919 persons employed in the public service (Qataris and non-Qataris), 3,589 were women (836 Qataris and 2,753 non-Qataris). Noting that in this sector only three Qatari women fall into the occupational group of legislators, senior officials and managers (out of the 255 persons falling in that category), the Committee observes that women are de facto excluded from this category. In the group of specialists, out of the 1,167 female specialists (compared to 1,804 men), 260 were Qatari women. It hopes the Government will be able to report on measures taken to promote the equal participation of women in ministries and in the public service.

5. With respect to the mixed sector and the private sector (banking and insurance), the Committee notes the similar absence of women in the occupational group of senior officials and managers and a disproportionate representation of women among clerks. The Committee notes that the Government considers the implementation of the five-year plan (2001-05) for the training and qualification of secondary school and university graduates to result in raising the percentage of women’s participation in the overall labour force. Noting that among the jobseekers registered with the Labour Department of the Ministry of Civil Service Affairs and Housing in 2000, women with university and secondary education significantly outnumbered men at the same educational level, the Committee asks the Government to provide information on targeted measures taken to promote employment of female job-seekers with secondary and tertiary education. The Government is requested to continue to provide statistical information on men and women’s participation in the labour market and on measures taken or envisaged to effectively promote equality of treatment and opportunity with respect to employment and occupation in all sectors including women’s access to jobs at the management and decision-making levels.

6. Discrimination on the basis of race, colour, national extraction and religion. In the light of the comments made by ICATU, the Committee once again brings to the Government’s attention the importance of addressing all grounds of discrimination contained in the Convention. Noting that again no information in this respect was provided, the Committee, reiterating its previous request, urges the Government to indicate how protection against discrimination in employment and occupation on the basis of race, colour, national extraction and religion is ensured in law and in practice.

The Committee is raising related and other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee asks the Government to provide information on the adoption of the public service bill mentioned in its previous report, which was to repeal section 82 of the Public Service Act which authorized the authorities to terminate the employment contracts of nurses as from the fifth month of their pregnancy. It would be grateful if the Government would inform it of the adoption of the above bill and provide a copy of the text as adopted.

2.  With regard to discrimination on the basis of political opinion, the Committee recalls that, in one of its previous reports, the Government stated that its authorities were examining the possibility of establishing formally in a legal text the prohibition against all discrimination based on political opinion, including in employment and occupation. Since in its report the Government makes no mention of this matter, the Committee again asks it to inform it of the opinion issued by the competent authorities on this point.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes the communication from the International Confederation of Arab Trade Unions (ICATU) and the Government’s reply to it. Noting that in its communication the ICATU alleges breach of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee draws attention to the fact that Qatar has not ratified Convention No. 87. Consequently, in examining the comments of the ICATU, it will consider only those that concern the application of Convention No. 111.

2.  The ICATU also refers to differences in the treatment of national workers and foreign workers as regards the content of their work contracts. Noting that the Government provides information on the treatment of foreign workers, the Committee points out that "nationality" is not one of the seven grounds of discrimination in employment and occupation formally prohibited by Convention No. 111 (namely race, colour, sex, religion, political opinion, national extraction and social origin) and that Qatar has ratified neither of the ILO Conventions on migrant workers. The Committee is therefore not in a position to express any opinion on this matter.

3.  In its communication the ICATU states that the Government is in breach of Convention No. 111 in that there is blatant discrimination in employment on grounds of gender, race, nationality and religion. The ICATU supplies no documentary information in support of its allegations but indicates that, since the efforts it has made at numerous International Labour Conferences and Arab Labour Conferences to convince the Government to change its attitude have borne no fruit, it has decided to call on the ILO’s supervisory machinery.

4.  In its observation on the ICATU communication, the Government states that labour law and regulations are free from all discrimination on grounds of sex, as are all other laws. The Government cites the legislation on education, health and social security as an example. The Government informs the Committee that it has just adopted a five‑year plan (2001-05) for the training and rehabilitation of secondary school, technical and university graduates so as to open up new employment opportunities for women and to encourage them to opt for training which is adapted to the needs of the labour market, in both the mixed and the private sectors. Throughout the five‑year plan period, 437 female university graduates and 388 secondary school graduates are to be trained for the private and mixed sectors and 200 female graduates of the technical college are to be trained to work in the government sector. The Government also places emphasis on the efforts made, with ILO technical assistance, to promote career and employment opportunities for Qatari women. Lastly, as regards foreign workers, the Government affirms that Qatar is an open country in which tens of thousands of foreign workers of different nationalities and religions live. The Committee observes that the information supplied by the Government is closely linked to the dialogue that has been ongoing between the former and the latter for a number of years. In the absence of more detailed information from the ICATU, the Committee is bound to return to the points raised in its previous comments.

5.  With regard to the adoption of the five‑year plan (2001-05), the Committee recalls that in its previous comments it already noted the relatively high number of women students registered at the Institute of Technology of the University of Qatar, and that it asked the Government to provide information on the distribution of men and women in the various types of programme provided by this Institute and also by the Occupational Training and Development Centre, the Secondary Technical School of Nursing, the Institute of Development Management and the Institute for Banking Training of Qatar, and, if possible, on the type of jobs taken up by men and women students at the end of the various courses. The Committee would therefore be grateful if the Government would provide the information requested and keep it informed of progress in the implementation of the abovementioned plan and of the results obtained.

6.  Regarding more specifically the employment of women, the Committee recalls that in its previous comments it noted that outside the fields of education and health, women’s participation in the labour market remained generally very low. It therefore suggested that the Government take specific steps to create conditions to encourage women to train for different occupations and professions - including occupations traditionally considered to be male - and to send a list of the jobs from which women are formally banned. It also requested a copy of the recommendations adopted by the conference on "Women and the Labour Market" held in Qatar in 1997, along with information on the implementation of those recommendations and the results obtained to date. It trusts that the Government’s next report will contain the information requested.

7.  Noting that by virtue of the Constitution equality of rights and duties among all citizens without discrimination on grounds of race, sex or religion is a fundamental principle of national policy, the Committee recalls that it is important that the Government should give its attention to all sources of discrimination envisaged by the Convention. It therefore asks the Government to indicate how protection against discrimination in employment and occupation on the basis of race, colour, national extraction and religion is ensured in law and in practice.

8.  The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information contained in the Government's report and also the statistics annexed thereto.

1. The Committee notes that the Government reiterates its statement that there is no discrimination in employment and occupation in practice or in law in Qatar. It requests the Government to refer to point 1 of its previous direct request and also to paragraphs 158, 159, 240 and 241 of its 1988 General Survey on equality in employment and occupation, that while affirmation of the principle of equality before the law, as well as the absence of laws or administrative measures explicitly instituting inequality may be considered as elements of a national policy to promote equality of opportunity and treatment in respect of employment and occupation, they are not sufficient, alone, to constitute a policy within the meaning of Article 2 of the Convention. The Committee wishes once again to emphasize the importance of formulating such a national policy -- above and beyond the affirmation of the principle of equality before the law enshrined in the Constitution.

2. The Committee notes the information contained in the Government's report regarding various occupational training and education programmes established by governmental and non-governmental institutions. It notes in particular the relatively high number of female students registered at the Institute of Technology of the University of Qatar, which is proposing technical training programmes aimed at answering to the needs of the development plans and programmes. It would be grateful if the Government would continue to supply information, with its next reports, regarding the distribution of men and women within the various types of programmes provided by this Institute and, if possible, on the number and types of employment taken up by the male and female students after their three years of study at the Institute. The Committee notes the other types of training proposed by the Occupational Training and Development Centre, the Secondary Technical School of Nursing, the Institute of Development Management, the Institute for Banking Training of Qatar, etc. It would be grateful if the Government would also supply statistical data concerning the participation levels of these courses by sex, and if possible by nationality (whether a national of Qatar, an Arab of another nationality or a non-Arab).

3. The Committee notes the statistical information regarding employment in the administration, in the public sector and also in the public/private sector, disaggregated by nationality and by sex, according to ministry, public undertaking and public/private undertaking. It notes that outside the fields of education and of health, the representation of women remains generally very low. The Committee therefore again reiterates the suggestion it had made in its previous comment, that the Government take concrete measures to create favourable conditions to encourage women to take up professional jobs in different professions and occupations, free from considerations based on sexist stereotypes, that is to say, including occupations traditionally considered as male. The Committee also reiterates its wish to receive precise information on the employment formerly prohibited to women, as well as a copy of the recommendations adopted by the Conference on "Women and the Labour Market" held in Qatar in 1997. It also requests information on the implementation of these recommendations as well as the results obtained.

4. The Committee notes that the Government's report contains no information on the Bill on the public service mentioned in the previous report, which was to repeal section 82 of the Public Service Act, authorizing the termination of the employment contract of nurses in the fifth month of their pregnancy. It again requests the Government to inform it when the draft text is adopted and to transmit a copy thereof.

5. Discrimination on the basis of political opinion. The Committee notes that the Government's report contains no information on the possibility of formally incorporating in a legal text the prohibition against all discrimination on the basis of political opinion, mentioned in its 1994 report. It again asks the Government to keep it informed of the opinion issued in this connection by the competent authorities.

6. Discrimination on the basis of national extraction. Noting that by virtue of the Constitution equality of rights and duties of all citizens without discrimination on the basis of race, sex and religion is a fundamental principle of national policy, the Committee requests the Government to indicate the manner in which protection against discrimination in employment on the basis of national extraction is guaranteed in law and in practice. It recalls that it is important for the Government to give its attention to all the sources of discrimination contemplated in the Convention.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes the Government's report and, in particular, the statements to the effect that there is no discrimination in employment and occupation in practice or in law in Qatar. In this respect, the Committee recalls paragraphs 240 and 241 of the General Survey on equality in employment and occupation of 1988 which states that it is difficult to accept such a statement in so far as the promotion of equality and opportunity of treatment does not aim at a stable situation that may be attained once and for all, but is rather a permanent process that no country, however developed it may be in that respect, can boast to have fully attained. The Committee has, in fact, noted that: (a) once rigorous action against discrimination in employment and occupation gets under way, the existence of problems will in practice be brought to the surface, thus opening the way for further progress; and also (b) when a country has succeeded in eliminating certain factors of discrimination, others may appear and create new difficulties. The Committee is therefore bound to draw the Government's attention to the fact that, while the absence of laws or administrative measures explicitly giving rise to inequalities can be considered as an indicator of the Government's will not to practice discrimination, it does not go far enough to satisfy the obligations of the Convention to eliminate all discrimination. Certain forms of discrimination do not, in the main, originate from a desire to discriminate or from legal provisions or rulings, but from behaviour patterns, attitudes and prejudices (based, for example, on race, national extraction, social origin or sex) which should be the subject of measures taken in applying the national policy. Hence, the importance of formulating a national policy of equality of opportunity and treatment in employment and occupation as set out in Article 2 of the Convention, in addition to the statement of the principle of equality laid down in the organic law of the State.

2. Discrimination on the basis of political opinion. The Committee recalls that, in its 1994 report, the Government had indicated that it was examining the question of incorporating in a legal text the prohibition against all discrimination based on political opinion, and again requests the Government to inform it of the opinion issued by the competent authorities on this point.

3. Discrimination on the basis of sex. The Committee notes that certain vocational training, because of its dangerous nature or the physical effort required, is restricted to men and that, according to the information received by the Committee, the training made available to women steers women towards careers in traditionally female sectors (typists, secretaries, office workers, accountants, etc.) and it requests the Government to provide a list of jobs which are strictly prohibited to women. The Committee recalls that vocational guidance and training assumes a role of fundamental importance in so far as it conditions the real opportunities of access to employment and occupation. It again requests the Government to indicate the measures taken or envisaged within the framework of its efforts to provide the same diversity of teaching for girls as for boys, to ensure that the bodies responsible for vocational guidance and training offer women a broad choice of professions which are not based on the stereotypes that restrict professions or occupations to members of one sex, in order to encourage a real policy of promoting equality of opportunity.

4. As regards the access of women to employment, the Committee notes that, in November 1996, a woman was appointed as Deputy Minister of Education and Culture and that four departments of the Ministry of Justice are managed by women jurists. The Committee noted that the statistics provided by the Government show a year-by-year increase in the number of women employees in various sectors of the economy, such as the medical services, teaching, commerce and administration, as well as the number of women students in technical faculties. The Committee, nevertheless, notes that this increase does not appear to include the legal profession and is compelled to reiterate the suggestion made in its previous comment, namely that the Government take concrete measures to create favourable conditions to encourage women to take up professional jobs, not only in the legal field, but in jobs which have traditionally been occupied by men. On a more general note, the Committee again wishes to draw the Government's attention to the need to formulate and promote, in an explicit and unequivocal manner, a real policy of non-discrimination for women in employment. Finally, the Committee requests the Government to provide it with a copy of the recommendations adopted at the Conference on women and the labour market held in Qatar in 1997, and to inform the Committee of the status of their application as well as the results obtained.

5. Finally, the Committee welcomes the fact that the Public Service Bill currently under discussion repeals section 82 of the Public Service Act, which authorized the termination of the employment contract of nurses in the fifth month of their pregnancy, and request the Government to inform it when the draft text is adopted in its definitive version and to provide the Committee with a copy of the text.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the Government's report in reply to its previous comments, and the tables attached.

1. Discrimination on the basis of political opinion. In a previous report, the Government stated that the question of enshrining in a legal text the prohibition of any discrimination in respect of employment and occupation on the basis of political opinion had been submitted for examination to the competent authorities. The Committee notes that the Government's most recent report does not give any information on the results of this consultation and states that there has been no new legislation relating to the application of the Convention. The Government affirms once again the non-discriminatory nature of the legislation. It cites section 7(2) of the Basic Act concerning the State under which the State guarantees all its citizens equal opportunities and the right to work through laws which ensure justice for all and which describes the non-discriminatory nature of appointments to posts in the civil service and of the employment placement services under the control of the Labour Administration. The Committee points out, however, that the constitutional provision cited is in the general nature of a declaration of principle and should be accompanied by legislative and regulatory texts laying down, in particular, the sanctions applicable for any infringement recorded. Administrative and practical measures should also be taken with a view to promoting application of the policy of equality of opportunity and treatment, in accordance with Article 2 of the Convention. The Committee would be grateful if the Government would communicate in its next report the results of the consultation on the question of adopting a legal text or other evidence of a national policy to prohibit any discrimination in respect of employment and occupation.

2. Discrimination on the basis of sex. With regard to access by women to the legal professions, which was raised in the previous direct request, the Committee notes the Government's statement that the legislation contains no obstacle in this regard. It also notes the indication that, firstly, female law students are few in number and, secondly, not all law students are necessarily destined for the legal professions. The Committee wishes to stress, however, to the Government the need to formulate, in an explicit and unequivocal manner, a non-discriminatory policy in this sphere and to implement specific incentives for female students to envisage greater diversification regarding the choice of their future occupation in order to promote changes in the practice, in accordance with the objectives of the Convention. The Committee noted furthermore, in previous comments, the growing and sometimes majority presence of women in various university branches. Noting the statement in the Government's report that it was concerned to encourage women's access to employment, it hopes that the Government will not fail to continue making efforts with a view to diversifying teaching for girls in the same way as for boys. The Committee requests it to supply in its next report information on all legislative, regulatory or administrative measures taken with a view to establishing favourable conditions to attract women to occupations in the judiciary and other traditionally male professions and occupations.

3. With regard to the authorization provided for in section 82 of the Act respecting the Public Service under which it is possible to terminate the employment of pregnant nurses at the fifth month of pregnancy, the Committee notes the Government's explanation stressing that this provision is optional and justifying it because it is intended to protect the interest of both patients and pregnant nurses. The Committee once again draws to the Government's attention the fact that such a measure is discriminatory within the meaning of the Convention, as was affirmed in its 1996 Special Survey on equality in employment and occupation (paragraph 38) in the following terms: "The discriminatory nature of distinctions based on pregnancy, confinement and related medical conditions is demonstrated by the fact that, by definition, they can only affect women." Consequently, the Committee cannot insist too strongly on the need to repeal section 82 of this Act as soon as possible with a view to putting an end to such a contradiction between legislation and the Convention. A text which is not discriminatory on the basis of sex would be one which takes into account the particular situation of pregnant nurses in regard to their health and that of the unborn child, and prescribes a temporary transfer of that person to a job more compatible with her state of pregnancy or a temporary lightening of her tasks. The Committee expresses once again the firm hope that the Government will indicate in its next report the legislative and practical measures adopted to eliminate the discrimination against nurses imposed by section 82.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the Government's report and the information it contains in reply to its comments.

1. The Committee recalls that in its previous direct request it pointed out that no laws or regulations ensured protection against discrimination on ground of political opinion, but that the Government was examining the possibility of adopting a provision expressly prohibiting discrimination on the basis of political opinion. Since the Government indicates that no new legislation has been promulgated and provides no information on the manner in which it ensures the application of the principle of non-discrimination in respect of political opinion, the Committee would be grateful if the Government would supply information, in its next report, on the measures taken or contemplated in this area.

2. With regard to access to employment in the judiciary without discrimination on grounds of sex or religion, the Committee regrets that the Government has not supplied the information requested. It recalls that, in its previous report, the Government indicated that three women nationals of Qatar were currently employed as legal advisers in the Ministry of Justice, but not as magistrates. In view of the fact that under the legislation in force, the requirements for access to the various posts in the judiciary relate largely to qualifications and experience, the Committee again asks the Government to indicate the measures taken or under consideration to promote the access of women to the judiciary.

The Committee draws the Government's attention to Article 2 of the Convention which provides that a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation must be declared and pursued, particularly with regard to jobs under its control. Consequently, it is for the Government to adopt measures that will encourage the application of the principles of the Convention, particularly by implementing affirmative action programmes. The Committee asks the Government to indicate any measures taken to ensure that such a policy is accepted and applied, in accordance with Article 3(b), particularly educational programmes to promote this policy.

3. Further to its comments concerning section 82 of the Act respecting the public service under which it is possible "to terminate the employment contract of pregnant nurses at the fifth month of pregnancy and even before the date of expiry of the contract if the interests of work so require", the Committee notes the Government's statement that this subject is dealt with in a Bill being examined by the Legislative Committee of the Ministry of Justice. It hopes that, in its next report, the Government will be able to indicate the legislative and practical measures adopted to eliminate the discrimination against nurses pursuant to section 82 of the above-mentioned Act.

4. The Committee notes the statistics on the distribution of men and women in the various jobs and occupations of the public sector and the private sector for 1991, 1992 and 1993. The Government stresses that there are no legislative or administrative restrictions on the promotion of women's employment and their access to high-level jobs. The Committee notes that although trends in the employment of women in Qatar are substantially the same as those for men, women are absent from many professions and sectors. The Committee also notes that examples of women with high-level posts in the teaching sector and certain social and health services are cited in the report and that there are more women than men in these sectors. Similarly, the percentage of women is rising in the technology faculty, created in 1990, and in medicine, where it even exceeds that of men.

5. The Committee recalls that certain schools and training institutions are reserved for male students owing to religious and social traditions which prohibit mixed education. Referring to its comments on affirmative action programmes, under point 2 above, the Committee asks the Government to indicate the measures planned to ensure that teaching and vocational training programmes do not direct women solely towards "women's" jobs, but also give them access to jobs which are performed traditionally by men.

The Committee also asks the Government to indicate the measures envisaged to encourage the access of women to occupations where they are as yet absent or poorly represented. It asks the Government to continue to keep it informed of the advancement of women in employment and particular occupations, and, in particular, to send with its future reports all available statistics on the distribution of male and female workers.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information supplied by the Government in its report.

1. With regard to discrimination based on political opinion, which is not covered by the safeguards set out in the provisional Constitution, as amended, the Committee notes that the Government is examining the possibility of setting forth the practice of non-discrimination in an explicit provision prohibiting any discrimination on the basis of political opinion, and that the Committee's request has been forwarded to the competent services to that effect. It requests the Government to supply information on developments in this respect in its next report.

2. With regard to access to employment in the judiciary without discrimination on the basis of sex or religion, the Committee notes that three women who are nationals of Qatar are currently employed as legal advisers in the Ministry of Justice, but that no women have been appointed as magistrates. Despite the fact that, under the terms of the legislation which is in force, the conditions of access to the various positions in the judiciary are principally related to qualifications and experience, the Committee notes that there are still no women in this profession. The Committee therefore requests the Government to indicate the measures which have been taken or are envisaged to promote the access of women to this profession.

3. The Committee recalls that, by virtue of section 82 of the Act respecting the public service, "it is possible to terminate the employment contract of pregnant nurses at the fifth month of pregnancy and even before the date of expiry of the contract if the interests of work so require". The Committee notes the Government's statement that the above termination is optional and is only intended to protect the interests of patients. The Committee recalls that, in paragraph 41 of its 1988 General Survey on Equality in Employment and Occupation, it emphasized the discriminatory nature of distinctions made on the basis of pregnancy and confinement due to the fact that they can only affect women. The Committee notes that its comments on this subject have been forwarded for examination by the Cabinet of the Public Service. It hopes that the Government will take the necessary measures to eliminate the discrimination that is made against nurses under section 82 of the above Act. It requests the Government to supply information on this subject in its next report.

4. The Committee notes the statistics for 1991 on the distribution of men and women workers in the various jobs and occupations in the public service and the private sector. The Government emphasizes that the number of women remains well below that of men, but that women are increasingly represented in the various occupations and sectors of the economy. The Committee notes in particular that there are no women or very few women in positions of responsibility and managerial posts. It requests the Government to indicate the measures which have been taken or are envisaged to promote the access of women to such jobs, and the promotion possibilities which are available to them.

The Committee noted previously that women now work in certain sections of the police forces, in the airport and in the banking sector and that the technology faculty established in 1990 provides an opportunity for women to specialize in fields such as electronics, accounting and chemical, physical and biological laboratory work. The Committee once again requests the Government to indicate in its next report the jobs in which women are employed in these sectors and their number in relation to men.

5. The Committee recalls that certain schools and training institutions are still reserved for male students due to religious and social traditions which prohibit mixed teaching. It takes due note of the efforts referred to by the Government to open certain vocational training programmes to women and to develop human resources at the national level and raise the level of instruction and vocational skills. The Committee would be grateful if the Government would supply information on the results achieved in practice by these measures. It also requests the Government to indicate the specific measures which have been adopted or are envisaged to ensure equality between men and women in respect of vocational training and access to all types of employment and to ensure that teaching and vocational training programmes do not orient women solely towards "women's" jobs, but also give them access to jobs which are traditionally performed by men.

6. The Committee recalls that, by virtue of Article 2 of the Convention, a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation shall be declared and pursued. It requests the Government to supply information on any measure taken in this respect, as well as on any education programmes calculated to secure the acceptance and observance of the policy, in accordance with Article 3(b).

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. With regard to protection against discrimination on the basis of political opinion, the Government indicates that the employment services of the Ministry of Labour for the private sector and the committee responsible for the assignment of graduates to public sector jobs take no account of political opinion. Similarly no restriction based on this criterion is made when allocating study grants, educational leave and training courses for officials, who are governed by Act No. 9 of 1976.

The Committee takes due note of this information. It hopes that the Government will be able to take the appropriate measures to enshrine the above practice in an explicit legal provision prohibiting any discrimination on the basis of political opinion.

2. With regard to access to employment in the judiciary, without discrimination on the basis of sex or religion, the Committee notes that section 19 of Act No. 8 of 1985, to amend certain provisions of Act No. 13 of 1971 on judicial courts, establishes the conditions for access to the various judicial positions and relates fundamentally to qualifications and experience without any discrimination. (The Committee would also be grateful if the Government would supply the text of Act No. 13 of 1971.) It also notes the Government's statement that all citizens profess the same religion, namely Islam, and that several women nationals of Qatar currently occupy judicial positions in the Ministry of Justice. The Committee once again requests the Government to indicate the number of women and the positions that they occupy in the judiciary.

3. The Committee notes the Act respecting the public service, which was supplied previously by the Government. It notes that under the terms of section 82 of the Act, "it is possible to terminate the employment contract of pregnant nurses at the fifth month of pregnancy and even before the date of expiry of the contract if the interests of work so require". The Committee refers in this connection to paragraph 41 of its 1988 General Survey on Equality in Employment and Occupation in which it emphasized the discriminatory nature of distinctions made on the basis of pregnancy and confinement due to the fact that they can only affect women. The Committee hopes that the Government will take the necessary measures to eliminate the discrimination that is made against nurses under section 82 of the above Act. It requests the Government to supply information on this subject in its next report.

4. With regard to the access of men and women to vocational training, jobs and various occupations, the Committee notes the Government's statement that the social services sector not only employs the great majority of women who work but also the majority of men, since 68 per cent of Qatar nationals in the active population were employed in that sector in 1986.

The Committee also notes with interest that, according to the Government's report, women now work in certain sections of the police, at the airport and in the banking sector and that the technology university established in 1990 provides women with the opportunity to specialize in fields such as electronics, accountancy and chemistry, physics and biology laboratories. The Committee requests the Government to indicate in its next report the categories of jobs in which women are employed in these sectors and their number in relation to men.

In this connection, the Committee recalls the information provided previously by the Government that certain schools and training institutions are still reserved for male students due to religious and social traditions which do not permit mixed teaching. It requests the Government to continue supplying information on the measures that have been taken or are envisaged in order to ensure equality between men and women in respect of vocational training and access to all types of employment and to ensure that educational and vocational training programmes do not lead women only into "women's" jobs.

5. Furthermore, the Committee requests the Government to supply information on appeals that have been brought in the fields covered by the Convention before the Ministry of Labour, Social Affairs and Housing which is the competent authority to receive complaints, and on the cases that were transmitted or brought directly before the labour court (number and nature of the complaints).

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Further to its previous comments, the Committee notes the information supplied by the Government in its report.

1. With regard to protection against discrimination on the basis of political opinion, the Government indicates that the employment services of the Ministry of Labour for the private sector and the committee responsible for the assignment of graduates to public sector jobs take no account of political opinion. Similarly no restriction based on this criterion is made when allocating study grants, educational leave and training courses for officials, who are governed by Act No. 9 of 1976.

The Committee takes due note of this information. It hopes that the Government will be able to take the appropriate measures to enshrine the above practice in an explicit legal provision prohibiting any discrimination on the basis of political opinion.

2. With regard to access to employment in the judiciary, without discrimination on the basis of sex or religion, the Committee notes that section 19 of Act No. 8 of 1985, to amend certain provisions of Act No. 13 of 1971 on judicial courts, establishes the conditions for access to the various judicial positions and relates fundamentally to qualifications and experience without any discrimination. (The Committee would also be grateful if the Government would supply the text of Act No. 13 of 1971.) It also notes the Government's statement that all citizens profess the same religion, namely Islam, and that several women nationals of Qatar currently occupy judicial positions in the Ministry of Justice. The Committee once again requests the Government to indicate the number of women and the positions that they occupy in the judiciary.

3. The Committee notes the Act respecting the civil public service, which was supplied previously by the Government. It notes that under the terms of section 82 of the Act, "it is possible to terminate the employment contract of pregnant nurses at the fifth month of pregnancy and even before the date of expiry of the contract if the interests of work so require". The Committee refers in this connection to paragraph 41 of its 1988 General Survey on Equality in Employment and Occupation in which it emphasised the discriminatory nature of distinctions made on the basis of pregnancy and confinement due to the fact that they can only affect women. The Committee hopes that the Government will take the necessary measures to eliminate the discrimination that is made against nurses under section 82 of the above Act. It requests the Government to supply information on this subject in its next report.

4. With regard to the access of men and women to vocational training, jobs and various occupations, the Committee notes the Government's statement that the social services sector not only employs the great majority of women who work but also the majority of men, since 68 per cent of Qatar nationals in the active population were employed in that sector in 1986.

The Committee also notes with interest that, according to the Government's report, women now work in certain sections of the police, at the airport and in the banking sector and that the technology university established in 1990 provides women with the opportunity to specialise in fields such as electronics, accountancy and chemistry, physics and biology laboratories. The Committee requests the Government to indicate in its next report the categories of jobs in which women are employed in these sectors and their number in relation to men.

In this connection, the Committee recalls the information provided previously by the Government that certain schools and training institutions are still reserved for male students due to religious and social traditions which do not permit mixed teaching. It requests the Government to continue supplying information on the measures that have been taken or are envisaged in order to ensure equality between men and women in respect of vocational training and access to all types of employment and to ensure that educational and vocational training programmes do not lead women only into "women's" jobs.

5. Furthermore, the Committee requests the Government to supply information on appeals that have been brought in the fields covered by the Convention before the Ministry of Labour, Social Affairs and Housing which is the competent authority to receive complaints, and on the cases that were transmitted or brought directly before the labour court (number and nature of the complaints).

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. In previous requests, the Committee noted the Government's reference to the Provisional Fundamental Law, as amended, which provides in section 9 that all persons shall enjoy public rights and shall be subject to equal public duties without distinction on grounds of race, sex or religion. The Committee asked the Government to indicate the measures taken or contemplated in order to implement a national policy with a view to ensuring equality of opportunity and treatment in employment and occupation and eliminating any discrimination not only on the grounds of race, sex or religion but also on the grounds of national extraction, social origin and political opinion, in accordance with Article 1(a) of the Convention.

The Government's most recent report states that no discrimination exists whatsoever as regards access to occupations. The Government adds details regarding the treatment of foreign workers in Qatar.

The Committee takes due note of these indications. It requests the Government to indicate in its next report also any provisions adopted to protect equality of opportunity and treatment in employment and occupation irrespective of political opinion.

2. The Committee requests the Government to indicate the measures taken to ensure that access to employment in the judiciary is guaranteed without discrimination on grounds of sex or religion, and to provide information on the effect of such measures, stating the number and capacity of women and members of religious minorities who exercise judicial functions.

3. Furthermore, the Committee refers to paragraphs 15 and 240 of its 1988 General Survey on Equality of Opportunity in Employment, where it pointed out the positive and continuous nature of the measures to be taken in pursuance of the national policy under Articles 2 and 3 of the Convention and the need for detailed information on the various aspects of this continuous action. The Committee requests again the Government to supply in its next report information on all steps taken for the effective promotion of equality of opportunity and treatment irrespective of sex, religion, political opinion, national extraction or social origin and on the results secured with regard to:

(a)access to vocational training;

(b)access to employment and to particular occupations;

(c)terms and conditions of employment.

In this connection, the Government is more particularly requested to indicate the measures taken to promote equality of opportunity and treatment:

(i)in employment, vocational training and occupational guidance under a national authority;

(ii)through legislation and educational programmes;

(iii)in co-operation with employers' and workers' organisations and other appropriate bodies.

4. With regard to access of men and women to vocational training, the Government indicates in its most recent report that training, whether provided in a training centre or in the field, is available to all without discrimination. The Government indicated in its previous report that access to institutions such as the Public Administration Institute, the Regional Training Centre, the Agricultural Training School and the Industrial Training School, to secondary commercial schools and the Institute for Public Health Inspectors is reserved for male students. The Government reiterates in its most recent report that this segregation, a result of religious and social traditions which do not permit mixed teaching, does not mean that women are excluded from vocational training: training, at single-sex schools, is available to both sexes at all levels and consistent with principles of equality. The Government indicates that certain trades do not attract women, such as carpentry, metal forging and building maintenance, but that training centres which provide women with training do exist under the jurisdiction of the Ministry of Labour and the Health Training Institute. Training in typing, secretarial and computer skills are provided by the Association of the Red Cross of Quatar, Women's Branch and other private centres. Furthermore, the whole national education system is organised on the same basis since there are schools that are open exclusively to boys and others which are only for girls.

With respect to training for health inspectors, the Ministry of Public Health responds that reserving training to men only should not be considered an indication of discrimination against women as it is a result not of law or administrative rules, but of custom that the post of health inspector is occupied by men, because the conditions of work are harsh. In response to the Committee's request for information on the entry of women to other employment sectors, the Government indicates that teaching remains the principal occupation of women. Women have begun to work in other sectors, including the medical professions, radio, television and other media, the postal service and social training. They also occupy administrative and secretarial jobs in industrial and commercial undertakings.

The Committee refers to paragraphs 78, 82 and 97 of its 1988 General Survey on Equality in Employment and Occupation, which discuss the difficulties posed for a policy of equality in employment and occupation by general education and vocational training programmes segregated by sex, and assumptions about which jobs are more appropriately performed by men rather than women. Having noted with interest previously the Government's indication that the Ministry of Education is reviewing the possibility of teaching commercial subjects in girls' schools and other similar efforts, the Committee notes in statistics provided by the Government the participation of the vast majority of active women in the social service sector. The Committee asks what further measures have been taken to ensure equality in vocational training and access to all types of jobs and that educational and vocational training programmes do not lead women only into "women's" jobs.