Observación (CEACR) - Adopción: 2018, Publicación: 108ª reunión CIT (2019)

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

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The Committee recalls that at its 324th Session (June 2015), the Governing Body adopted the recommendations of its tripartite committee set up to examine a representation alleging non-observance by Qatar of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), made under article 24 of the ILO Constitution by the International Trade Union Confederation (ITUC) and the International Transport Workers’ Federation (ITF). The representation concerned complaints of direct and indirect discrimination against women employed by the state-owned airline (GB.324/INS/7/9). In so doing, the Governing Body entrusted the Committee of Experts with following up the matters raised in the representation. These are examined below.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 105th Session, May–June 2016)

The Committee also recalls the conclusions and the ensuing discussion that took place in the Committee on the Application of Standards (CAS) of the International Labour Conference in June 2016 in relation to the application of the Convention regarding: (i) compliance with the conclusions of the Governing Body; (ii) measures to define and prohibit direct and indirect discrimination in law and in practice; (iii) protection of domestic workers against discrimination; (iv) promotion of women’s employment; (v) measures to address sexual harassment; and (vi) amendment of Law No. 21 of 2015 which regulates the entry and exit of expatriates and their residence. These issues will be examined under the relevant Articles of the Convention.

The Committee notes the observations of the ITUC, received on 31 August 2016, on the discussion and the recommendations made by the CAS regarding the situation of migrant workers with respect to change of employer and exit permits (Kafala system).

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution)

Welcoming the detailed information provided by the Government in its report, the Committee notes with interest the progress made in the implementation of the recommendations made by the Governing Body, in particular the following:

(i) Discrimination on the grounds of pregnancy (paragraph 32 of the tripartite committee’s report) and provision of suitable alternative employment for pregnant employees who are temporarily unfit to fly (paragraph 35): the Committee notes from the Government’s report that the company no longer employs any cabin crew under the terms of the previous employment contract and that the new contract was amended to remove any clause allowing automatic termination of employment in the case of pregnancy and to add provisions on maternity as set out in the company policy. Finally, the Committee notes that the company stresses that it is committed to making effort to find suitable alternative employment for pregnant cabin crew which does not affect their health. The company also stresses that it provides pregnant women with an opportunity to work in ground services, such as training, staff welfare, housing management, standards and procedures and customers’ lounge divisions, during pregnancy. The Government states that, through its follow-up with the company, it has ascertained that as of December 2014 none of the airline’s crew members who had become pregnant left the company unless it was their wish to do so (between 1 January 2014 and 31 August 2017, there were 72 pregnancies among crew members: 26 crew members were transferred temporarily or permanently to ground services, 14 submitted their resignation after maternity leave, nine were still on maternity leave and 23 have returned to their work according to the flight schedule).
(ii) Prohibition in the company code of practice 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 (paragraph 36): the Committee notes that the Government states that the prohibition is compulsory for both women and men employees, it only applies to being dropped off or picked up from the company premises and does not apply to employees’ housing. The Government states that this matter was effectively, and almost permanently, addressed through issuing informal warnings reminding persons concerned of the need to respect local traditions. It adds that the company guarantees to employees of both sexes full freedom in their social life without any interference from the company and without any impact on the employment relationship and that they are entitled to receive guests freely at the accommodation provided by the company.
(iii) Authorization by the company to get married (paragraph 40): the Committee notes that, according to the company, female cabin crew members are free to marry and change their social status in general, without having to obtain prior permission from the company, and can remain in service and change their status to obtain benefits for their spouse.
(iv) Rules governing rest periods (paragraph 42): the Committee notes the Government’s indication that the company asserts that the rules relating to the rest periods are applied without discrimination on the basis of sex and this matter will continue to be kept under close scrutiny.
(v) Ensuring that the application of rules and policies does not create or contribute to an intimidating working environment (paragraph 46): the Committee notes that specific changes were made by the company in its housing policies, such as provision of family housing, the possibility to change accommodation every six months, possibility to receive guests, etc. The Committee also notes the Government’s indication that the company is committed to improving the quality of life of cabin crew, including additional leave for most cabin crew.
(vi) Effectiveness of enforcement mechanisms in case of discrimination (paragraph 48): the Committee welcomes the Government’s actions to increase the number of female labour inspectors from 16 to 57 and their participation in the periodical inspection visits to the airline company, in particular those targeting the housing of female employees. The Committee further notes that a specialized course for labour inspectors was organized in cooperation with the ITF in September 2016 in order to develop their skills and strengthen their capacity through specialized inspection programmes in the field of aviation. The Committee further notes that the Ministry of Administrative Development, Labour and Social Affairs (MADLSA) has not received any complaints on discrimination.

Noting the positive developments detailed above, in response to the recommendations made by the Governing Body in 2015, the Committee asks the Government to continue to follow-up with the company the implementation of these recommendations, and to monitor its practices, in order to ensure that there is no discrimination against pregnant cabin crew members and that measures are taken to provide them with alternative suitable work during pregnancy. The Committee also asks the Government to continue to strengthen enforcement mechanisms, including their capacity to detect and address discriminatory practices. In this regard, the Committee requests the Government to provide information on any complaints of discrimination filed and the results thereof and also any identification of discriminatory practices by labour inspectors.

Legislative developments. The Committee notes with interest the adoption of the following laws since its last comments: Law No. 15 of 2017 which relates to domestic workers; Law No. 13 of 16 August 2017 which amends several provisions of Labour Law No. 14 of 2004 and Law No. 13 of 1990 which promulgates the Civil and Commercial Proceedings Law; and Law No. 13 of 2018 amending the provisions of Law No. 21 of 2015 which regulates the entry and exit of expatriates and their residence. The Committee also notes the adoption of Law No. 15 of 2016 issuing the Civil Human Resources Law which repeals the Human Resources Management Law No. 8 of 2009. Where appropriate, the Committee will examine the provisions of these laws under the relevant Articles of the Convention.

Article 1 of the Convention. Protection against discrimination. Legislation. The Committee recalls once again that the constitutional and legislative framework does not provide for a comprehensive legal framework defining and addressing discrimination based on at least all the grounds enumerated in Article 1(1)(a) of the Convention. In particular, it falls short of effectively prohibiting discrimination on the basis of political opinion, national extraction and social origin, and only provide protection against discrimination in certain aspects of employment. The Committee notes that the Government’s report once again describes the legal framework established by articles 34 and 35 of the Constitution which state that “Citizens are equal in public rights and duties” and that “People are equal before the law. There shall be no discrimination against them because of sex, race, language, or religion.” The Government further indicates that the Labour Law provides for equal opportunities and equal wages for men and women (section 93) and that there are provisions providing benefits specifically to working women: paid leave for women with a child with disabilities; paid delivery leave; breaks for breastfeeding; restrictions regarding their employment (hazardous and arduous work and hours of work); etc. The Committee recalls that constitutional provisions providing for equality of opportunity and treatment, although important, have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation. A more detailed legislative framework is also required. The Committee reiterates its previous comments that given the persisting patterns of discrimination on the grounds set out in the Convention there is a need for comprehensive legislation containing explicit provisions defining and prohibiting direct and indirect discrimination on at least all of the grounds set out in the Convention, and in all aspects of employment and occupation, in order to ensure the full application of the Convention. The Committee has observed that a number of features of the legislation contribute to addressing discrimination and promoting equality, and it particularly welcomes legislation containing the following: coverage of all workers; provision of a clear definition of direct and indirect discrimination, as well as sexual harassment; the prohibition of discrimination at all stages of the employment process; the explicit assignment of supervisory responsibilities to competent national authorities; the establishment of accessible dispute resolution procedures; the establishment of dissuasive sanctions and appropriate remedies; the shifting or reversing of the burden of proof; the provision of protection from retaliation; affirmative action measures; and provision for the adoption and implementation of equality policies or plans at the workplace, as well as the collection of relevant data at different levels (see General Survey of 2012 on the fundamental Conventions, paragraphs 850–855). Recalling the absence of a clear and comprehensive legislative framework providing for protection against discrimination in employment and occupation through a clear definition of and prohibition on direct and indirect discrimination, the Committee once again strongly urges the Government to take the necessary steps to ensure that all workers without distinction whatsoever are protected in law and practice against discrimination with respect to at least all the grounds covered by the Convention, including political opinion, national extraction and social origin, and in all aspects of employment, including recruitment and terms and conditions of employment, both in the public and the private sectors.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee recalls that, since 2006, it has been referring to the insufficiency of the legislative framework to ensure the prohibition and effective protection against sexual harassment in employment and occupation, in particular for female domestic workers who are particularly vulnerable to this kind of sex discrimination. It has therefore been asking the Government to take the necessary steps for the adoption of legal provisions expressly defining and prohibiting both quid pro quo and hostile environment sexual harassment against men and women workers in the public and private sectors and providing for effective mechanisms of redress, remedies and sanctions. The Committee notes the Government’s indication that “sexual harassment is a very complex matter because the perpetrator commits it in full secrecy, taking all the necessary measures, means and precautions so as not to expose his criminal conduct”. The Government once again refers in its report to the following legal provisions: sections 279 to 289 of the Penal Code which punishes “crimes of honour”; section 291 which provides for sanctions against any person who “offends a woman’s modesty”; and section 38 of the Law on Criminal Procedures which specifies that legal enforcement officers are under an obligation to accept complaints of crimes committed including sexual harassment, and to refer them immediately to the Public Prosecutor. The Government also states that there is no need for the inclusion of a provision in the Labour Law because both the Penal Code and the Law on Criminal Procedures are a more effective deterrent. However, the Committee would like once again to emphasize that, in general, addressing sexual harassment through the criminal law only is not sufficient due to the sensitivity of the issue, the fear of reprisals (the fear of losing one’s job), the complexity of the procedure and the higher standard of proof in criminal law. Furthermore, with respect to domestic migrant workers, the Committee observes that section 7(2) and (3) of Law No. 15 of 2017 concerning domestic workers provide respectively that the employer shall be responsible for “treat[ing] domestic workers well, in a manner which safeguard their dignity and well-being” and “avoid[ing] exposing a domestic worker’s health or life to danger, or harm him/her physically or morally in any manner whatsoever”. The Committee would like to point out that the provisions of Law No. 15 are limited to the behaviour of the employer and not any other possible perpetrator and the provisions of both the Penal Code and Law No. 15 of 2017 do not capture the full range of behaviours that constitute sexual harassment in the specific field of employment and occupation which can manifest itself verbally, physically, visually, psychologically or electronically. In its 2002 general observation, the Committee defined sexual harassment as containing the following elements: (i) quid pro quo (any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men which is unwelcome, unreasonable and offensive to the recipient; and a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job); or (ii) hostile work environment (conduct that creates an intimidating, hostile or humiliating working environment for the recipient) (see 2012 General Survey, paragraph 789). The Committee therefore urges the Government to take the necessary steps to explicitly define and prohibit, in the Labour Law No. 14 of 2004, Law No. 5 of 2017 concerning domestic workers and Law No. 15 of 2016 Issuing the Civil Human Resources Law, all forms of sexual harassment in employment and occupation committed not only by the employer but also by a co-worker, a customer or a supplier (or a member of the employer’s family or a friend of the employer in the case of domestic workers), against all men and women workers both in the public and private sectors. The Government is also asked to include specific provisions providing for effective mechanisms of redress, remedies and sanctions. The Committee further asks the Government to consider the development and implementation of a range of practical measures to address sexual harassment, such as help lines, awareness-raising campaigns, legal assistance or support units to assist victims of sexual harassment and specific training for labour inspectors. Finally, the Committee asks the Government to continue to provide information on the number of complaints of sexual harassment referred to the competent authorities, including criminal cases.

Articles 1 and 2. Non-discrimination of migrant workers. The Committee recalls that the vast majority of economically active workers in Qatar are migrant workers. The Committee also recalls that it has been referring since 2009 to the existing limitations on the possibility of migrant workers changing employers under the sponsorship system (Kafala), as a result of which migrant workers face increased vulnerability to abuse and discrimination, including on the basis of the grounds enumerated in the Convention such as race, colour, religion, national extraction and sex. In this respect, the Committee welcomes the fact that the replacement of the Kafala system by “an employment contractual system” is one of the five pillars of the Technical Cooperation Programme agreed between the Government of Qatar and the ILO, which was formally launched in November 2017 (see GB.334/INS/8, 24 October 2018, paragraphs 4, 13–15).

The Committee notes that, in its observations, the ITUC emphasizes that Law No. 21 of 2015 which regulates the entry and exit of expatriates and their residence falls short of addressing the issues raised by the Conference Committee of the Application of Standards regarding the abolition of exit permits. In this respect, the Committee notes with interest that, further to the adoption of Law No. 13 of 4 September 2018 amending the provisions of Law No. 21 of 2015 (entered into force on 13 December 2016), migrant workers covered by the Labour Law will be able to leave the country temporarily or depart permanently from the country during the period of the labour contract without having to obtain an exit visa. The law specifies that employers may submit for approval to the MADLSA a list of workers for whom an exit visa is still required, with a justification based on the nature of their work. The number of these workers per company shall not exceed 5 per cent of their workforce (new section 7). The Committee notes, however, that the above provisions do not apply to migrant domestic workers – as they are not covered by the Labour Law – and points out that the provisions restricting the change of employer remain unchanged, that is, only: (i) with the approval of the employer, the competent authority and the MADLSA before the end of the contract; (ii) with the approval of the competent authority and the MADLSA after the end of the limited duration contract or after five years of work with the employer for an indefinite duration contract (section 21); and (iii) upon acceptance by the Minister or the Minister’s representative if there is evidence of abuse by the employer or in the public interest or on a temporary basis if there are pending lawsuits between the worker and the employer (section 22). In this respect, the Committee notes that the ITUC points out that: (i) under section 21 of Law No. 21 of 2015, it is still not possible to change employer during a contract without the permission from the employer; (ii) under section 22, it is unclear on what basis the Ministry can refuse the transfer to another employer, and how “abuse” is established and also when a transfer is “in the public interest”. The ITUC concludes that the employer and the Government continue to maintain significant control over the worker and have broad discretion to determine whether he or she may change jobs. In addition, the ITUC observes that there are no specified conditions regarding the temporary transfer to another employer (up to one year) that may be authorized under section 23, with respect to the content of the new job and terms and conditions of employment. According to the ITUC, the ban of four years on re-entry of migrant workers, after dismissal on disciplinary grounds – with the decision being challenged – (section 26), appears quite severe especially as they face substantial barriers to accessing the justice system, as bringing a claim to a competent court is difficult in practice.

The Committee notes the Government’s indication that the MADLSA provides legal assistance and support to workers who are subject to abuse, including discrimination, in asserting his/her rights under the Labour Law and assistance to change employer immediately if he/she so wishes. The Committee also notes from the Government’s report that the MADLSA continues to implement awareness-raising campaigns on the rights of migrant workers, through newspapers, television and through social networks. It further notes that employment contracts must be approved by the Ministry and that an electronic contract system is operational online in ten languages to enable migrant workers to read the contract in his/her own language. In addition, the Committee notes from the information provided by the Government to the Governing Body that measures have been taken to improve migrant workers’ access to justice and to address violence and to develop cooperation partnerships at the regional level to strengthen the rights of migrant workers, in particular with the assistance of the National Committee for Human Rights (see GB.331/INS/13(Rev.), 31 October 2017, Appendix I, paragraph 17). The Committee also notes that, as of October 2017, 12 workshops have been held to inform both migrant workers and employers of their respective rights and obligations as specified in the law (see GB.331/INS/13(Rev.), Appendix I, paragraph 9). While noting the significant steps taken by the Government by the removal of exit visas for migrant workers covered by the Labour Law, the Committee once again asks the Government to remove the restrictions and obstacles that prevent them from changing jobs, with reasonable notice; to re-examine Law No. 21 of 2015 in light of the above comments; and to clarify and provide a clear legal framework for the conditions of transfer to another employer, including on a temporary basis, with the assistance of the ILO Technical Cooperation Programme. In the meantime, the Committee asks the Government to provide support to migrant workers, especially domestic workers, seeking to change employer when subject to discrimination on the grounds enumerated in the Convention. The Government is also asked to continue to provide information on the application of Law No. 21 of 2015 in practice (number of applications to change employer and their outcomes).

Protection of domestic migrant workers against discrimination. Legislative developments and practical measures. Recalling that domestic workers are excluded from the scope of the Labour Law No. 4 of 2004, the Committee notes with interest the adoption of Law No. 15 of 22 August 2017 concerning domestic workers, which is a significant step in providing protection for domestic workers, including with respect to rights and duties of both parties, as regards working hours, rest periods, payment of wages, etc. The Committee notes that the law does not define or prohibit discrimination against domestic workers on the basis of the grounds enumerated by the Convention (i.e. race, colour, sex, religion, political opinion, national extraction or social origin). The Committee notes that section 17 of Law No. 15 of 2017 allows a worker to terminate employment without loss of bonus where there is a “serious danger which threatens safety or health, provided that an employer was cognizant of the danger, and had not sought to remove it”. The Committee considers that these provisions as well as the provisions of section 7(2) and (3) mentioned above may have been designed to address the issues of violence and harassment, including sexual harassment. However, it observes again that they remain too general and do not explicitly define nor cover the full range of behaviours that constitute harassment, including sexual harassment, in employment and occupation. Moreover, they do not provide for an appropriate procedure for bringing an end to such conduct, beyond the possibility of a worker terminating his/her contract, or for investigating complaints of such behaviour, or remedies. The Committee welcomes nonetheless the opportunity for domestic workers and their employers to refer disputes relating to Law No. 15 of 2017 or the employment contract to the dispute settlement mechanism newly established in Chapter 11bis of the Labour Law, as amended by Law No. 13 of 16 August 2017, in accordance with section 18 of Law No. 15 of 2017. The Committee notes, however, that there is no provision in Law No. 15 of 2017 allowing for domestic workers to change employer and recalls that this possibility is regulated by sections 21 to 23 of Law No. 21 of 2015 which apply to migrant workers, except for domestic workers. The Committee also recalls that the removal of the exit visa requirement by Law No. 13 of 2018 amending Law No. 21 of 2015 does not apply to domestic workers and that the rules and procedures regulating their exit from the country shall be determined by a ministerial decision (new section 7 of Law No. 21). The Committee observes from the statistical information provided by the Government to the Governing Body in October 2018 regarding the “crimes committed against female domestic workers” for 2015–16 (inter alia, 72 “physical or verbal aggressions”, nine rapes, 20 cases of sexual harassment, six cases of “sexual exploitation of the female worker”) that there might be an under-reporting of such crimes.

In light of the above, the Committee asks the Government to take the necessary steps to amend Law No. 15 of 2017 to include provisions defining and prohibiting: (i) discrimination based on at least all the grounds set out in the Convention and in all aspects of employment, including remuneration; and (ii) all forms of harassment, in particular both quid pro quo and hostile environment sexual harassment. It also asks the Government to ensure that dispute settlement mechanisms are accessible to and known by, domestic workers, and to continue to take steps, such as awareness-raising campaigns through the media or otherwise, to promote domestic workers rights and combat stereotypical views regarding domestic workers and the undervaluing of their work. The Committee further asks the Government to provide information regarding the possibility of domestic workers changing employers in practice. The Committee urges the Government to remove the requirement for exit visas on an equal footing with workers covered by the Labour Law.

Article 2. Equality between men and women in employment and occupation. The Committee notes from the Government’s report that “it has developed its strategic plans in pursuit of an optimal investment in the capacities of men and women and that, in spite of the cultural and social traditions which make this task difficult”, there has been progress in women’s engagement in education, training and the labour market. The Government adds that there is an evolution towards an increased female participation in the labour market (58.7 per cent in 2015). The proportion of working women out of all working-age women increased from 34.6 per cent in 2012 to 36.1 per cent in 2015, and the number of trained women increased from 29,000 in 2012 to 69,000 in 2015, including in the fields of management, information technology, oil and gas, mining, security, safety and handicrafts. The Government indicates, however, that women’s participation in the labour market is concentrated in fields, such as education, engineering and medicine. The Committee recalls that one of the goals of the Qatar National Vision 2030 is to increase and diversify participation of Qataris in the workforce through increased opportunities and vocational support for Qatari women and that this national strategy affirms that “women will assume a significant role in all spheres of life, especially through participating in economic and political decision-making”. While welcoming the emphasis put on education and training of women in the Qatar National Vision 2030, the Committee asks the Government to adopt proactive measures, and remove obstacles, with a view to facilitating and increasing the participation of women – Qatari and non-Qatari – in employment and occupation, in particular measures aimed at:

(i) promoting equal opportunities for men and women in employment and occupation, including through the promotion of neutral recruitment processes and the removal of obstacles to access to productive resources and equipment; and
(ii) combating stereotypical views regarding women’s aspirations and capabilities, their suitability for certain jobs or their interest or availability for full-time jobs.

In order to design appropriate measures, the Committee invites the Government to consider undertaking an assessment and analysis of the gender situation in respect of employment under its direct control and to encourage such an assessment and analysis in the private sector. The Government is also asked to continue providing up-to-date statistics, disaggregated by sex, concerning the participation of men and women in the various sectors of economic activity, in both the private and the public sectors, as well as statistics on the participation of both Qatari and non-Qatari women in education and vocational training.

Enforcement and awareness-raising. The Committee welcomes the detailed information provided by the Government in its report on the activities carried out by the labour inspectors. The Committee also notes that one of the five pillars of the Technical Cooperation Programme with the ILO concerns labour inspection and welcomes the signature of a protocol between the MADLSA and the ILO, aimed at providing assistance to workers wishing to submit complaints and the organization (in October 2018) by the MADLSA and the ILO of a workshop for labour inspectors and other government officials on equality and non-discrimination in employment and occupation, including a session devoted to the presentation of the requirements of the Convention (see GB.334/INS/8, 24 October 2018, paragraph 21). Emphasizing the important role of labour inspectors in combating discrimination, the Committee asks the Government to continue to reinforce the capacities of labour inspectors and other enforcement authorities to prevent, identify and address cases of discrimination and put an end to discriminatory practices in employment and occupation, and to organize awareness-raising campaigns, through the media or otherwise, on discrimination and equality. The Government is asked to continue to provide information on the number and nature of the violations detected by the labour inspectors and complaints examined by courts relating to discrimination in employment and occupation and on any obstacles faced by workers in submitting complaints.

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