Observación (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (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.