Solicitud directa (CEACR) - Adopción: 2013, Publicación: 103ª reunión CIT (2014)

Convenio sobre la abolición del trabajo forzoso, 1957 (núm. 105) - Qatar (Ratificación : 2007)

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Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the political, social or economic system. 1. Penal Code. In its previous comments, the Committee noted that sentences of imprisonment (involving compulsory labour, under the terms of section 62 of the Penal Code) may be imposed under certain provisions of the national legislation in circumstances which are covered by Article 1(a) of the Convention, namely:

-section 115 of the Penal Code, which prohibits the dissemination of information or false statements on the country’s domestic situation which damage the economy, the prestige of the State or national interests; and
-section 134 of the Penal Code, which prohibits any open criticism or defamation of the Prince or his heir.

The Committee notes the Government’s indication that the regulation which implements the Prison Law of 1995 was repealed by virtue of section 77 of Law No. 3 of 2009, regulating the penitentiaries and reformatories. By virtue of Decree No. 11 of 2012, a Prison Regulation was also promulgated. Sections 6 and 7 of Decree No. 11 specify the categories of prisoners who should be employed, as well as the tasks entrusted to them. Section 6 particularly specifies that the employment of prisoners is optional. The exaction of forced labour of prisoners shall not be allowed.

The Committee notes however that by virtue of section 6 of Decree No.11, only prisoners of category G, who are involved in the internal or external state security, are exempted from compulsory labour. All the other categories of prisoners perform the tasks which are enumerated in the Prison Regulations.

Accordingly, the Committee recalls that sections 115 and 134 of the Penal Code are not in conformity with the Convention, as their application is not limited to acts of violence (or incitement to violence), armed resistance or uprising, but seem to allow penalties of imprisonment (involving compulsory labour) to be imposed for the peaceful expression of opinions opposed to the established political system.

In this regard, with reference to its 2012 General Survey on the fundamental Conventions concerning rights at work, the Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour “as a means of political coercion or as a punishment for holding political views or views ideologically opposed to the established political, social and economic system”. While the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence, sanctions of imprisonment (involving compulsory labour) are not in conformity with the Convention if they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system (paragraphs 302–303).

The Committee therefore requests the Government to take the necessary measures to ensure that sections 115 and 134 of the Penal Code are amended, in order to ensure that persons who hold or express certain political views or views ideologically opposed to the established political and social system, cannot be liable to prison sentences involving compulsory labour.

2. Political associations, publications and public demonstrations. In its previous comments, the Committee also noted that, under certain provisions, sentences of imprisonment (involving compulsory labour) may be imposed in the following cases:

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

The Committee recalls that Article 1(a) prohibits the use of forced or compulsory labour “as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system”. The range of activities which must be protected under this provision, from punishment involving forced or compulsory labour thus comprises the freedom to express political or ideological views, as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views and which may also be affected by measures of political coercion.

Noting the absence of information from the Government on this point, the Committee once again requests the Government to take the necessary measures to bring the abovementioned provisions into conformity with the Convention. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of these provisions in practice, supplying copies of court decisions and indicating the penalties imposed.

Article 1(c). Disciplinary measures applicable to seafarers. The Committee previously asked the Government to provide a copy of the full version of the Shipping Act and its Regulations concerning the penalties imposed on seafarers for breaches of labour discipline.

The Committee takes note of Act No. 15 of 1980 on Shipping. The Committee notes that the disciplinary measures applicable to seafarers pursuant to section 97 do not entail penal sanctions involving compulsory labour.

Article 1(d). Imposition of labour as punishment for having participated in a strike. The Committee previously requested the Government to indicate the administrative penalties imposed in the event of strikes in the essential services enumerated in section 120 of the Labour Code.

The Committee notes the Government’s indication that there are no special administrative penalties applied in such a case, and that the general rules of discipline are the ones which are applied.