Observation (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

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

Autre commentaire sur C111

Observation

Demande directe

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Article 1 of the Convention. Legislation. For a number of years, the Committee has been noting that the provisions in the Constitution of Qatar (article 35) and Labour Law No. 14 of 2004 (sections 93 and 98) fall short of effectively prohibiting discrimination on all the grounds of the Convention, in particular those of political opinion, national extraction and social origin, and only protect against discrimination in certain aspects of employment. Several categories of workers are excluded from Labour Law No. 14, including domestic workers. In this respect, the Committee notes that in its comments on the report of the United Nations Special Rapporteur on the human rights of migrants, the Government indicates that a draft law on domestic workers in line with the provisions of the Domestic Workers Convention, 2011 (No. 189), is currently under review (A/HRC/26/35/Add.2, 5 June 2014, paragraph 2). The Government indicates in its report that workers may claim their rights pursuant to section 10 of the Labour Law, which provides in general for the right to file a lawsuit. The Committee notes, however, that no specific information is provided on practical measures taken to address discrimination based on all the grounds set out in the Convention, including political opinion, national extraction and social origin with respect to all aspects of employment and occupation. In the absence of a clear legislative framework addressing protection against discrimination in employment and occupation, the Committee again urges the Government to take the necessary measures to ensure that all workers without distinction whatsoever are protected in law and practice against discrimination with respect to all the grounds covered by the Convention, including political opinion, national extraction and social origin. Please provide specific information on how protection against discrimination on the grounds covered by the Convention is ensured in practice with respect to access to vocational training and guidance, access to employment and particular occupations, including recruitment, as well as all terms and conditions of employment. The Committee requests the Government to indicate whether any steps are being taken or are envisaged to amend the existing legislation in this regard and, in particular, to provide information on any development concerning the adoption of the draft law on domestic workers.

Articles 1 and 2. Non-discrimination of migrant workers. Practical application. The Committee recalls that the Convention applies to all workers, both nationals and non-nationals. The Committee notes from the statistics collected by the Ministry of Development, Planning and Statistics (Qatar Information Exchange) that 93.8 per cent of the economically active workers in Qatar in 2012 were non-Qatari (1,173,186 men and 167,396 women). The Committee further notes that 100 per cent of the workforce in the household sector, 99.8 per cent in the construction sector, 99.1 per cent in the wholesale and retail trade, and 98.5 per cent in the manufacturing sector continued to be composed of non-Qatari workers. The Committee has been referring for a number of years to the existing limitations on the possibility for migrant workers to change workplaces under the sponsorship system, and particularly the requirement to obtain the permission of the sponsor, as a result of which migrant workers face increased vulnerability to abuse and discrimination on the grounds enumerated in the Convention. It noted that filing a lawsuit or bringing a complaint to establish abuse by the employer is a requirement for being granted permission to change workplace. However, migrant workers who suffer abuse and discriminatory treatment may refrain from bringing complaints out of fear of retaliation. The Committee further notes that in its concluding observations the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the prevalence of prejudices and negative stereotypical attitudes towards migrant domestic workers, including women, and the multiple forms of discrimination that they experience (CEDAW/C/QAT/CO/1, 10 March 2014, paragraph 21). The Committee notes the Government’s indication that from January to July 2014, 38 applications for permanent transfers of sponsorship and 1,948 applications for temporary transfers were approved, without indicating whether they concern foreign domestic workers. The Government further indicates that it has recently finalized the preparation of a draft law which will replace the sponsorship system currently in force with new provisions relating to the entry and exit of migrant workers and the regulation of their residence. The Committee notes the adoption of Act No. 4 of 2014 amending section 37 of Labour Law No. 14 which imposes fees in the case of a “change of occupation”. The Committee also notes the information provided by the Government on the functions of the Labour Relations Department and the Human Rights Department of the Ministry of Labour and Social Affairs in receiving, examining and resolving complaints and appeals and raising awareness of workers and employers with respect to the available legal procedures for redress. The Committee considers that providing for appropriate flexibility to allow migrant workers to change workplaces may assist in avoiding situations in which migrant workers become vulnerable to discrimination and abuse and that the effective enforcement of the legislation is essential to ensure that migrant workers are not subject to discrimination, contrary to the Convention. The Committee refers in this respect to its comments concerning the application of the Forced Labour Convention, 1930 (No. 29). The Committee requests the Government take the necessary measures to ensure the effective protection of migrant workers against discrimination on the grounds enumerated in the Convention and to provide full information in this respect. It hopes that the law that is to replace the current sponsorship system will allow appropriate flexibility for migrant workers, including domestic workers, to change workplaces when subject to discrimination on the grounds enumerated in the Convention and it requests the Government to indicate any development in this respect. The Committee requests the Government to provide information on the number and nature of complaints relating to cases of discrimination in employment submitted by migrant workers, including domestic workers, to the Labour Relations Department, the Human Rights Department and the National Human Rights Committee (NHRC), and to include information on any remedies provided or sanctions imposed. Please provide a copy of any relevant decisions by these institutions.

Article 2. Equality between men and women in employment and occupation. The Committee notes from the statistics collected by the Ministry of Development Planning and Statistics (Qatar Information Exchange) that in 2012 women only constituted 12.78 per cent of the economically active population. The Committee notes that women workers are heavily concentrated in the household sector, in which only non-Qatari workers are employed, 64.58 per cent of whom are women, representing 52.45 per cent of all economically active women. The Committee notes that, despite the Government’s previous indication that efforts would be made to raise awareness and address stereotypical assumptions regarding the role of women in society, no specific information has been provided by the Government on any measures taken or envisaged in this regard. The Committee further notes that, in its concluding observations, CEDAW expressed concern about “the persistence of deeply entrenched traditional stereotypes regarding the roles and responsibilities of women and men in the family and in society, which overemphasize the role of women as caregivers” (CEDAW/C/QAT/CO/1, paragraph 21). The Committee notes that the Government indicates in its report that the High Council for Family Affairs has been replaced by two new departments: the Productive Family Affairs Department, which supports and promotes productive families through training and support services, and the Family Development Department, which is responsible, among other functions, for raising awareness of the rights of women and implementing development programmes and capacity building for women, in collaboration with relevant governmental and non-governmental bodies. Noting the very general information provided by the Government in its report, the Committee recalls that the Convention requires States to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation and that this policy must be effective (see General Survey on the fundamental Conventions, 2012, paragraphs 841 and 844). The Committee urges the Government to provide detailed information on all measures taken, including by the Productive Family Affairs Department and the Family Development Department, to promote equality of opportunity and treatment for men and women in employment and occupation and to combat stereotypical views of what jobs are appropriate for men and women, with an indication in particular of the employment, education and vocational training measures adopted to address occupational sex segregation. The Committee also requests the Government to provide up-to-date statistics, disaggregated by sex and origin, concerning the participation of men and women in the various sectors of economic activity and at each level within the various occupations, 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. The Committee notes the Government’s indication that the Labour Inspection Department of the Ministry of Labour and Social Affairs carries out inspections to detect any discriminatory practices and that the legal measures to remedy such violations include issuing advice, counselling or warnings to employers. The Committee also notes the statement by the Government that infringement reports are prepared and referred to the judicial bodies to initiate the necessary legal proceedings against employers found to be in violation. The Committee notes that the NHRC received a total of 1,930 complaints related to labour issues in 2013, but that the information does not indicate how many of these complaints related to discrimination. The Committee highlights the role of labour inspection in monitoring equality and diversity in the workplace and recalls the importance of training labour inspectors to increase their capacity to prevent, detect and remedy instances of discrimination. The Committee refers in this respect to its comments concerning the application of the Labour Inspection Convention, 1947 (No. 81). The Committee asks the Government to continue providing information on the activities carried out by the Labour Inspection Department, including the number and nature of the violations detected relating to discrimination in employment and occupation, and their outcome. The Committee also requests the Government to provide full information on the number and nature of complaints related to cases of discrimination in employment and occupation brought to the Human Rights Department, the Labour Relations Department and the NHRC or any other administrative or judicial authorities, the remedies provided and the sanctions imposed. Please provide copies of the relevant decisions by these institutions and authorities.

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

[The Government is asked to reply in detail to the present comments in 2015.]