Observación (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - Qatar (Ratificación : 1976)

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Article 1 of the Convention. Legislation. The Committee recalls that the provisions in the Constitution (article 35) and the Labour Law No. 14 of 2004 (sections 93 and 98) 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. The Committee notes the Government’s persisting assertion that the legislative framework is sufficient and effective to ensure observance of the principle of non-discrimination on any basis whatsoever, and that in referring to the term “person” the definition of workers in section 1(5) of the Labour Law covers all the grounds set out in Article 1(1)(a) of the Convention. Instead of inserting a non-discrimination provision in the Labour Law, the Government proposes to increase awareness raising and better understanding of its meaning, aims and objectives. The Committee considers that section 1(5) falls short of effectively prohibiting discrimination on all the grounds of the Convention and notes the absence in the Government’s report of any information demonstrating that effective protection and avenues of redress are being provided in accordance with the Convention. The Committee draws the Government’s attention to the importance of reviewing continually the protection afforded by the national legislation to ensure that it remains appropriate and effective and provides for adequate means of redress and legal remedies for cases of discrimination on all the grounds set out in the Convention, and with respect to all aspects of employment and occupation. In the absence of a clear legislative framework, the Committee urges the Government to take all necessary measures to provide effective protection, in law and in practice, against discrimination on all the grounds of the Convention, including political opinion, national extraction and social origin, and to ensure that effective avenues of redress exist to address complaints of discrimination based on these grounds, for both public and private sector workers. The Government is also requested to 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. The Committee further asks the Government to provide full information on the action taken in this regard and results achieved of such action, as required by Article 3(f) of the Convention.

Non-discrimination of migrant workers. Practical application. The Committee notes that according to estimates of the National Statistics Authority provided by the Government in its National Report to the United Nations Human Rights Council, expatriate workers represented, in September 2009, 84 per cent of the population (A/HRC/WG.6/7/QAT/1, 19 November 2009, page 3). The Committee had previously welcomed the attention given by the Government to the situation of migrant workers but had also expressed concern that the sponsorship system in place provides employers with the possibility to exert disproportionate power on migrant workers, which was likely to increase their vulnerability to abuse and discrimination. The Committee had also noted the need to establish effective and accessible mechanisms within the Labour Department to settle disputes between migrant workers and their sponsors.

The Committee notes the adoption of Law No. 4 of 2009 regulating the entry and exit of expatriates in Qatar and their residence and sponsorship, revoking Law No. 3 of 1963 on the entry and residence of aliens in Qatar and Act No. 3 of 1984 on the regulation of the sponsorship of the residence and exit of aliens. It notes that section 22 of the Law allows the transfer of a migrant worker to another employer with the written consent of both the new and the previous employer, and after having obtained the approval of the Ministry of Labour for those workers to whom the Labour Law applies. Section 12 authorizes the Minister of Interior to transfer a migrant worker, temporarily or permanently, without the employer’s consent, in case of a lawsuit between the sponsor and the worker, and in the event of abuse by the employer or if public interest so requires. In the case of workers covered by the Labour Law, the Minister of Interior approves the transfer upon the worker’s request and with the consent of the Ministry of Labour. The expatriate worker continues to be dependent on the sponsor’s permission to leave the country temporarily or permanently (section 18).

The Committee further notes that a Labour Relations Department was set up by virtue of Order No. 35 of 2009 to receive and take speedy decisions regarding complaints and to disseminate publications intended for workers in coordination with the relevant embassies, as well as providing guidance and counselling. The Higher Council of the Judiciary also has special units to examine law suits initiated by workers with a view to speeding up decisions. According to the Government, the Human Rights Department has continually handled complaints arising out of labour relations between sponsors and workers and the Ministry of Interior approved a large number of requests regarding the transfer of workers on the basis of evidence of existing abuse. Efforts have been made by the Government to monitor the application of the labour legislation and to provide information, assistance and counselling to migrant workers.

While welcoming the Government’s efforts to improve the protection of workers under the sponsorship system and to establish more effective complaints and dispute settlement mechanisms, the Committee remains concerned that the limitations imposed on the cases in which transfer of a worker to another sponsor is allowed, as well as the requirement to obtain permission of the sponsor, continues to place the worker in a vulnerable situation. Given the high number of migrant workers in the country and the current legislative framework regarding employment discrimination, the Committee considers it important that the Government keeps the operation of the sponsorship system under review with a view to assessing whether appropriate flexibility to change workplaces is being provided in practice to all migrant workers in cases of abuse and discrimination on the grounds set out in the Convention. The Committee is concerned that under the present system migrant workers suffering abuse and discriminatory treatment may refrain from bringing complaints out of fear of retaliation by the employer, or because of uncertainty as to whether this would lead to a change of sponsor, or to deportation. At the same time, filing a lawsuit or bringing a complaint to establish abuse by the employer is a requirement for being granted permission to change the workplace. The Committee, therefore, asks the Government to provide information on the concrete measures taken, including by the National Human Rights Commission (NHRC), the Labour Relations Department and the Human Rights Department to address discrimination of migrant workers on the grounds set out in the Convention, including through providing accessible and effective complaints procedures and counselling and legal assistance to migrant workers. The Committee requests the Government to continue to provide information on the measures taken or envisaged to allow for appropriate flexibility for migrant workers to change their sponsor which may assist in avoiding situations in which migrant workers become vulnerable to discrimination and abuse. In this regard, please indicate the number of migrant workers, including domestic workers, that have successfully applied for a change of workplace during the reporting period, indicating the reasons for granting such a transfer. Please also provide particulars of those workers who have applied for transfer and been refused and the grounds for such refusal. The Committee asks the Government to monitor closely the application of Law No. 4 of 2009 and to examine the extent to which it may give rise to discriminatory practices against migrant workers based on the grounds of the Convention, and to provide information on the findings and any follow-up. Please provide information on the number and nature of complaints relating to employment discrimination, including harassment and sexual harassment, submitted by migrant workers and in particular domestic workers, to the NHRC, the Human Rights Department and the Labour Relations Department, as well as the outcome of these cases and remedies provided. Noting that in 2007 non-Qatari women constituted 100 per cent of the workers in household services and that the Bill on domestic workers is still being prepared, the Committee asks the Government to take all the necessary measures to protect migrant domestic workers against discrimination on the grounds of the Convention, in law and in practice, and hopes that the bill on domestic workers will soon be adopted and will be in conformity with the principle of the Convention. The Committee draws the Government’s attention to the recently adopted Domestic Workers Convention, 2011 (No. 189), and Recommendation No. 201.

Equality between men and women in employment and occupation. The Committee notes that in September 2009, the total population (nationals and non-nationals) of the State of Qatar was 1,623,724, of which 1,248,668 (75.7 per cent) were male and 375,056 (24.3 per cent) were female. The Committee notes the information provided by the Government that the overall economic activity rate of women rose from 27.5 per cent in 1986 to 49.3 per cent in 2007 and that the percentage of economically active women out of the total of Qatari women rose from 30.3 per cent in 2004 to 34.6 per cent in 2007. The data also indicate an increase in the concentration of Qatari women in the teaching profession and in occupations of an educational nature, and in clerical occupations in Government ministries. In 2007, women represented 49.7 per cent in specialized occupations (compared to 40.8 per cent in 2004) while their percentage in clerical occupations decreased from 42.7 in 2004 to 28.8 per cent in 2007. In 2007, 43.4 per cent of the economically active women were employed in the household sector with the majority in household services, where non-Qatari women represent 100 per cent of the workers.

The Committee recalls the concentration of women in certain courses of training and educational institutions, with no women enrolled in some courses while in others they constituted 100 per cent of the student population. It also recalls the need for more proactive measures to address discriminatory practices in job advertisements and hiring, and to eliminate stereotyped assumptions by employers of women’s and men’s suitability for certain jobs and to encourage women to apply for posts traditionally or exclusively held by men. The Committee had previously requested information on the implementation of economic and education components of the General Strategy for the Family, 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. The Committee notes the Government’s statements that the elimination of certain old traditions regarding certain jobs for men and women needs time and effort and that it is undertaking great efforts to raise awareness and address traditions and standardized assumptions in this regard. The Committee notes that apart from the pilot programme carried out by the High Council for Family Affairs to promote women’s empowerment in management of small enterprises, the Government provides no further information on the measures taken to implement the General Strategy for the Family; no specific information has been provided either on the concrete measures taken, and their impact, to address discriminatory advertising and hiring practices and assumptions by employers of women’s and men’s suitability for certain jobs. The Committee, however, notes with interest the ratification by Qatar on 26 April 2009 of the United Nations Convention on the Elimination of all Forms of Discrimination against Women. Noting the Government’s commitment to improve women’s participation in the labour market and to make an effort to gather and communicate the requested information as soon as possible, the Committee asks the Government to ensure that its next report contains full information on the implementation of the General Strategy for the Family and its impact, as well on the measures taken to address stereotypical views of what jobs are appropriate for women and men with a view to addressing discriminatory practices in advertisement and hiring. The Committee also requests the Government to indicate the findings of the studies undertaken by the High Council for Family Affairs on the barriers that hinder women from reaching leadership positions, and to provide information on all measures taken to address the concentration of women in certain occupations and training courses. Please provide up-to-date statistics, disaggregated by sex and origin, showing the evolution since 2007 regarding the proportion of men and women in the various sectors of activity and at each level within the various occupations in both the private and public sectors.

Enforcement. The Committee notes the establishment of the Labour Inspection Department by Order No. 35 of 2009 to monitor the implementation of the regulations protecting workers, undertake workplace inspections and provide advice and counselling to employers. The Committee further notes that the Government’s report again does not contain information on complaints submitted by Qatari workers and migrant workers to the courts, or to the Labour Relations Department, the Human Rights Department and the National Committee of Human Rights that specifically relate to discrimination in employment and occupation on any of the grounds set out in the Convention. The Committee recalls that the absence of complaints relating to employment discrimination does not necessarily indicate the absence of such discrimination in the country. The Committee asks the Government to provide specific information on how the labour inspection department monitors discriminatory practices by employers, and the outcome of these activities. The Committee also asks the Government to provide detailed information on the specific measures taken by the various government Departments and the NHRC to promote equality of opportunity and treatment and non-discrimination in employment and occupation with respect to all the grounds covered by the Convention, and information on the nature and number of complaints received by these bodies regarding discrimination, and the remedies provided and sanctions imposed.

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