Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Qatar (Ratification: 1976)

Autre commentaire sur C111

Observation

Demande directe

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Scope of application. The Committee notes the Government’s statement that no widening of the scope of the Labour Law is required so as to include casual workers, as these are protected by other laws and regulations. The Committee further understands that Law No. 6 of 2009 amends section 3 of the Labour Law of 2004 exempting from its scope of application an additional category of workers, namely those in companies involved in the implementation of drilling and production agreements and the agreements on development of oil and gas fields and production sharing, as well as joint venture agreements in the area of petroleum operations, and petrochemical industries. The Committee asks the Government to indicate how protection against discrimination on the grounds set out in the Convention is ensured, in law and in practice, against workers falling under this exemption. Please provide copies of relevant legal texts covering the abovementioned workers.

Sexual harassment. The Committee notes the Government’s persisting statement that sections 291 and 296 of Penal Code No. 11, 2004 sufficiently protect women against sexual harassment in employment. The Government also refers to the provisions of Islamic Sharia as a main pillar of society and main source of its legislation, which prohibits and penalizes all forms of sexual harassment. The Government further states that Qatari society is conservative with deep and established values that ensure protection from sexual harassment in all areas, including labour. The Committee must stress that addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher burden of proof, which is harder to meet, especially if there are no witnesses, which is often the case, and the fact that criminal law generally focuses on sexual assault and not the full range of behaviour that constitutes sexual harassment in employment and occupation. The Committee was previously encouraged by the Government’s declared intention to develop legal rules in the future that would specifically address sexual harassment. Noting the very diverse composition of the population, with over 80 per cent expatriates, and recalling the particular vulnerability of female domestic workers to sexual harassment, the Committee considers that the existing legal framework is likely to fall short of effective protection for all workers against sexual harassment in employment and occupation, and to provide effective mechanisms for redress. The Committee asks the Government to provide detailed information on all mechanisms of redress and remedies that exist for men and women workers in the public and private sector, including domestic workers, who wish to submit a complaint regarding sexual harassment, both quid pro quo harassment and sexual harassment due to a hostile working environment. Please provide full information on any convictions concerning sexual harassment in the context of work or employment on the basis of sections 291 and 296 of the Penal Code. The Government is also requested to take the necessary steps to ensure that all workers and employers, including employers of domestic workers, along with law enforcers, are aware of the problem of sexual harassment and existing avenues for redress, and to provide information on the action taken and results achieved.

Cooperation with employers’ and workers’ organizations. The Committee reiterates its request to the Government to provide specific information on how the workers’ and employers’ organizations are being involved in the implementation of strategies, plans, studies and measures to promote equality between men and women in employment and occupation. Please also indicate how their cooperation is being sought with respect to measures taken to address discrimination and promote equality with respect to the other grounds covered by the Convention, with an indication of the relevant activities undertaken.

Special measures of protection and assistance. The Committee notes the Government’s statement that the ministerial orders issued pursuant to sections 94 and 95 of the Labour Law concerning industries, occupations and jobs that are prohibited to women and concerning working time, have not yet been promulgated, as they are going through legislative procedures. The Committee hopes that, in adopting regulations or orders pursuant to sections 94 and 95 of the Labour Law, it will be ensured that protective measures will be limited to protecting maternity and that those aimed at protecting women because of their sex or gender, based on stereotyped assumptions, will be repealed, and asks the Government to continue to provide information on any regulations or orders issued. Please also provide copies of those ministerial decisions that are in effect and to which the Government had referred in its previous report.