Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 376, Octubre 2015

Effect given to the recommendations of the Committee and the Governing Body

1. 136. The Committee last examined this case, which concerns restrictions on the right of workers, without distinction whatsoever, to establish and join organizations of their own choosing, to strike and bargain collectively, as well as excessive state control of trade union activities, at its March 2014 meeting [see 371st Report, paras 814–862]. On that occasion, the Committee made the following recommendations:
   • (a) The Committee urges the Government to take the necessary measures without delay in order to amend the Labour Law (in particular through the revision of sections 3, 116, 119, 120, 123 and 130 and adoption of further enabling provisions) in accordance with the principles enunciated in its conclusions so as to give effect to the fundamental principles of freedom of association and collective bargaining. It expects that this labour reform process will include the full participation of the social partners. The Committee requests the Government to keep it informed of all measures taken or envisaged in this respect and reminds it that it may avail itself of the technical assistance of the Office.
   • (b) Observing the Government’s indication that migrant workers account for 93 per cent of Qatar’s economically active population, the Committee urges the Government to eliminate any restrictions placed on the freedom of association rights of migrant workers.
   • (c) The Committee requests the Government to provide:
     • – a copy of the procedures regulating the formation, membership and activities of workers’ organizations, adopted pursuant to the last sentence of section 116 of the Law; and
     • – a copy of the Decision to which reference is made in section 127 of the Labour Law and to indicate the manner in which this is applied in practice.
2. 137. In its communication dated 20 February 2015, the Government reiterates that the Labour Law sufficiently protects the right of workers to establish trade unions to defend their interests and for the purpose of representation in collective bargaining with employers, and that protection of trade union activity to this end is guaranteed by sections 122 and 145 of the Labour Law. According to the Government, labour organizations are granted complete independence to engage in activities relating to labour affairs, and national law provides for the right to adopt statutes and rules necessary to carry out the particular area of activity. The Government considers that it endeavours to ensure the right to work of all workers, whether nationals or migrants, that it follows a balanced policy of recruitment and employment of migrant labour and that it focuses on creating suitable conditions for workers to enable them to work safely and comfortably rather than on finding solutions to problems which have yet to arise. The Government refers to the recent development of labour market legislation and legislation concerning migrant workers in the area of entry, exit and residence, housing, wage protection and occupational safety and health, stressing that the Ministry collaborates and coordinates with the representatives of employees and employers on issues relating to their affairs. The Government also enumerates several measures taken since the last examination of the case to protect workers’ rights such as awareness-raising initiatives, establishment of branch labour offices across the country to handle grievances, and development of the labour inspection department to improve enforcement. As regards benefiting from ILO technical assistance, the Government indicates that the Ministry of Labour and Social Affairs is already collaborating with the ILO to complete a draft strategy for proper employment. Furthermore, the Government supplies a copy of Decree No. 10 of 2006 of the Ministry of Civil Service Affairs and Housing publishing model statutes for labour organizations adopted under section 116(4) of the Labour Law (hereafter, Decree No. 10/2006) and states that no decision has yet been issued under section 127.
3. 138. The Committee takes due note of the information provided by the Government concerning the adoption of various legislative and other measures aiming at the protection of migrant workers. It regrets to note however that the recent legislative steps taken by the Government including amendments to the Labour Law, do not address the issues raised by the Committee in the area of freedom of association. With respect to the Government’s statement that it focuses on creating suitable conditions for workers to enable them to work safely and comfortably rather than on finding solutions to problems which have yet to arise, the Committee recalls that freedom of association is one of the primary safeguards of peace and social justice. Noting the Government’s previous indication that social justice is enshrined in article 30 of the Constitution of the State of Qatar, which declares that the relation between workers and employers is based on social justice, the Committee further highlights the commitments made by ILO member States through the 2008 Social Justice Declaration to respect, promote and realize the fundamental principles and rights and work, with an emphasis on freedom of association and effective recognition of collective bargaining as particularly important to the attainment of the four strategic objectives of the ILO Decent Work Agenda. In view of the above, the Committee, highlighting the need to give effect to the fundamental principles of freedom of association and collective bargaining, once again urges the Government to take the necessary measures without delay to amend the Labour Law (in particular through the revision of sections 3, 116, 119, 120, 123 and 130 and adoption of further enabling provisions) in accordance with the principles enunciated in its previous conclusions [see 371st Report, paras 837–861]. It firmly expects that this labour reform process will benefit from the full participation of the social partners.
4. 139. Furthermore, noting that Decree No. 10/2006 supplied by the Government provides that the statutes of labour organizations (committees) shall conform to the annexed model statute, the Committee advises that any obligation on a trade union to base its constitution on a compulsory model (apart from certain purely formal clauses) would infringe the rules which ensure freedom of association. The case is quite different, however, when a government merely makes model constitutions available to organizations that are being established without requiring them to accept such a model. The preparation of model constitutions and rules for the guidance of trade unions, provided that there is no compulsion or pressure on the unions to accept them in practice, does not necessarily involve any interference with the right of organizations to draw up their constitutions and rules in full freedom [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, para. 384]. The Committee requests the Government to amend Decree No. 10/2006 so as to ensure that the model statute shall serve only as guidance.
5. 140. Moreover, the Committee considers that a number of provisions of the model statute annexed to Decree No. 10/2006, for example concerning the presence of a Ministry representative at meetings of the general assembly, pose a serious risk of interference by the public authorities. As regards specifically the Qatari nationality as a condition of union membership, the Committee notes that section 4 of the model statute provides that union members shall be Qatari, and that non-Qatari workers, while they may affiliate on condition that they are in possession of work permits and have worked in the country for at least five years, shall not have the right to vote, nominate candidates or attend general assemblies but only to select a representative to express their point of view to the board. With respect to this denial of fully fledged trade union rights to non-Qatari workers, the Committee reiterates that freedom of association should be guaranteed without discrimination of any kind based on nationality and again considers that such restriction on the right to organize prevents migrant workers from playing an active role in the defence of their interests, especially in sectors where they are the main source of labour. The Committee requests the Government to take all necessary measures to ensure that non-Qatari workers enjoy full freedom of association rights, including the amendment of section 4 of the model statute as well as section 116 of the Labour Law. It also asks the Government to supply copies of the decision referred to in section 127 of the Labour Law once adopted.
6. 141. The Committee urges the Government to keep it informed of all measures taken or envisaged in respect of the above, and reminds it that, within the framework of the ongoing collaboration with the ILO, it may avail itself of the specific technical assistance of the Office to bring national legislation and practice into full conformity with the principles of freedom of association.