Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

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

Autre commentaire sur C111

Observation

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

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 and the International Transport Workers’ Federation, concerning complaints of direct and indirect discrimination against women employed by Qatar Airways, a state-owned flag carrier. In so doing, it entrusted the Committee of Experts with following up the matters raised in the representation.

The Committee notes that, although the Governing Body had requested the Government to submit information on the measures taken in this regard in its next article 22 report on the application of the Convention, the report submitted by the Government for its current session does not provide any response to the requests of the Governing Body. Considering that the time elapsed between the adoption of the recommendations by the Governing Body (June 2015) and the deadline for submitting reports under article 22 of the ILO Constitution (1 September) might have been too short for the Government to report significant progress on the implementation of the recommendations, the Committee wishes to recall that the matters that it is following up, at the request of the Governing Body, deal with: (i) discrimination on the grounds of pregnancy (paragraph 32 of the tripartite committee’s report); (ii) provision of suitable alternative employment for pregnant employees who are temporarily unfit to fly (paragraph 35 of the report); (iii) prohibition in the Qatar Airways 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); (iv) authorization by Qatar Airways to get married (paragraph 40); (v) rules governing rest periods (paragraph 42); (vi) ensuring that the application of rules and policies does not create or contribute to creating an intimidating working environment (paragraph 46); and (vii) effectiveness of enforcement mechanisms in case of discrimination (paragraph 48).

The Committee urges the Government to take into account the action requested by the Governing Body on the matters raised above in order to ensure that the employees of Qatar Airways enjoy the protection provided for in the Convention. It therefore requests the Government to submit detailed information on the measures taken or envisaged in this regard in its next article 22 report on the application of the Convention.

Article 1 of the Convention. Legislative developments. Since the entry into force of the 2003 Constitution of Qatar (article 35) and of Labour Law No. 14 of 2004 (sections 93 and 98), the Committee has been noting that they both fall short of effectively prohibiting discrimination on all the grounds of the Convention, and particularly those of political opinion, national extraction and social origin, and only protect against discrimination in certain aspects of employment. It has also noted that several categories of workers are excluded from the Labour Law of 2004, including domestic workers.

The Committee notes the Government’s indication that the Labour Law of 2004, along with Law No. 8 of 2009 on human resource management for state employees, does not discriminate against women at work, and that the laws do not specifically discriminate between women and men other than through special measures benefiting women, such as maternity protection. Nevertheless, according to the statistics provided by the Government in its report, for the first quarter of 2015, the percentage of the economically active Qatari male adult population was 64.7 per cent, while the rate for female adults was 35.3 per cent. It also notes the Government’s indication that no complaints have been filed by workers with regard to obtaining vocational training, guidance or equal access to occupations. In this regard, the Committee wishes to point out that there is no society without discrimination and therefore continued measures are required to eliminate it. Where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, a lack of awareness of rights, a lack of confidence in or absence of practical access to procedures, or fear of reprisals. The fear of reprisals or victimization is a particular concern in the case of migrant workers. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see General Survey on the fundamental Conventions, 2012, paragraph 870).

The Committee notes the Government’s indication that the National Development Plan (2011–15), which aims to increase women’s participation in the labour market, includes a project to improve labour legislation for this purpose. It also notes the Government’s indication that a draft law regulating domestic workers has been submitted for review by the competent authorities with a view to bringing it into line with the Domestic Workers Convention, 2011 (No. 189). The Government adds that generally domestic workers are governed by bilateral agreements signed by the Government and labour-sending countries, to which model contracts are generally annexed.

The Committee however notes that no specific information is provided on the practical measures taken to address discrimination based on all the grounds set out in the Convention, and particularly political opinion, national extraction and social origin with respect to all aspects of employment and occupation. In this regard, the Committee recalls that, where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention. The Committee further notes that 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 (see General Survey on the fundamental Conventions, 2012, paragraph 854). In the continued absence of a clear legislative framework addressing protection against discrimination in employment and occupation, the Committee once again strongly 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. In this regard, the Committee requests the Government to 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. Specifically, the Committee requests information, among others, on the progress made or envisaged in:

– amending sections 93 and 98 of Labour Law No. 14 of 2004 to incorporate political opinion, national extraction and social origin;
– passing legislation to improve women’s participation in the labour market as part of the implementation of the National Development Plan (2011–15); and
– adoption of draft legislation on domestic workers that is in line with Convention No. 189.

The Committee also requests the Government to submit copies of some of the bilateral agreements referred to above, including the attached model contracts.

Sexual harassment. Since 2006, the Committee has been referring to the insufficiency of the legislative framework to ensure the prohibition and effective protection against sexual harassment in the workplace, in particular for female domestic workers who are particularly vulnerable to this kind of sex discrimination. The Committee notes the Government’s indication that sections 279 to 289 of the Penal Code punishes “crimes of honour”, and section 291 provides for sanctions against any person who “offends a woman’s modesty”. The Committee recalls that Decision No. 7 of 22 August 2005 of the Minister of Civil Service Affairs and Housing does not explicitly refer to sexual harassment, and that the Government indicated that the Law on Criminal Procedures specifies that legal enforcement officers are under the obligation to accept complaints of crimes committed including sexual harassment, and to refer them immediately to the Public Prosecutor. The Committee notes the Government’s indication that two complaints related to sexual harassment have been filed with the National Human Rights Committee (NHRC), and that while one case has been suspended (lack of evidence), one case is currently being examined. The Committee recalls that addressing sexual harassment only through criminal proceedings is normally not sufficient due to the sensitivity of the issue, the higher burden of proof and the fact that criminal law generally focuses on sexual assault or “immoral acts” and not on the full range of behaviour that constitutes sexual harassment in employment and occupation (see General Survey on the fundamental Conventions, 2012, paragraph 792). The Committee once again requests 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 at work against men and women workers in the public and private sectors, including domestic workers, and providing for effective mechanisms of redress, remedies and sanctions. The Committee further requests the Government to provide information on any progress made in this regard, on the measures taken to raise awareness of sexual harassment and existing avenues of redress, including for domestic workers, as well as on the number of complaints filed with the NHRC or any other competent authorities, the sanctions imposed, and remedies provided.

Articles 1 and 2. Non-discrimination of migrant workers. Practical application. Noting that the vast majority of economically active workers in Qatar are non-Qatari (according to the statistics collected by the Ministry of Development, Planning and Statistics, 93.8 per cent of the active population was non-Qatari in 2012), the Committee has been referring since 2009 to the existing limitations on the possibility for migrant workers to change employer under the sponsorship system (kafala). The Committee recalls in particular the requirement to obtain the permission of the sponsor, as a result of which migrant workers face increased vulnerability to abuse and discrimination, including, but not limited on the grounds enumerated in the Convention such as, race, colour, religion, national extraction and sex. Specifically, it has 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, but migrant workers who suffer abuse and discriminatory treatment may refrain from bringing complaints out of fear of retaliation. The Committee has also noted that the adoption of Act No. 4 of 2014 amending section 37 of Labour Law No. 14 imposes fees in the case of a “change of occupation”, which also deters migrant workers from bringing complaints. As such, the Committee has considered that allowing migrant workers to change employer, when subject to discrimination on the grounds enumerated in the Convention, may assist in avoiding situations in which they become vulnerable to abuse. In this regard, the Committee notes Act No. 21 of 27 October 2015, regulating the entry and exit of expatriates and their residence, which will enter into force in October 2016 and will repeal Act No. 4 of 2009. It wishes to refer the Government to its comments under the Forced Labour Convention, 1930 (No. 29), concerning the main features of this new legislation. In that comment, the Committee observes that Act No. 21 of 27 October 2015 does not seem to allow the transfer of an expatriate worker to another employer immediately after the end of a contract of limited duration or after a period of five years, without the employer’s consent, if the contract is of unspecified duration (section 21.2); similarly, under the new law, the employer may object to the departure from the country of an expatriate worker, in which case the latter has the right to appeal (sections 7.2 and 7.3). Consequently, the Committee notes with regret that pursuant to Act No. 21 of 2015, employers will continue to play a significant role in regulating the departure or transfer of migrant workers. Noting that the new law does not abolish the sponsorship system, as indicated in the Government’s report, the Committee once again requests the Government to remove the restrictions and obstacles that limit the freedom of movement of migrant workers and prevent them from terminating their employment, and to allow appropriate flexibility for migrant workers, especially domestic workers, to change employer when subject to discrimination on the grounds enumerated in the Convention. The Committee urges the Government to take the necessary measures to ensure that Act No. 21 of 27 October 2015 is modified before its entry into force in October 2016. In addition, the Committee requests the Government to:

– provide copies of the new labour contracts utilized by recruiters and employers when recruiting migrant workers, as well as information on the measures adopted or envisaged by the Government to ensure that these contracts conform to the principle of the Convention;
– 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 NHRC, and to include any remedies provided or sanctions imposed. Please provide a copy of any relevant decisions by these institutions; and
– provide information on the measures taken or envisaged to protect migrant workers from discrimination in employment and occupation prior to the expiry of their initial contract.

Article 2. Equality between men and women in employment and occupation. Noting that, as of 2012, women only constituted 12.78 per cent of the economically active population, the Committee requested the Government in its previous comment to provide information on the measures taken or envisaged to promote equality of opportunity and treatment for men and women in employment and occupation and to combat stereotypical views of the jobs that are appropriate for men and women. It also noted that, in its concluding observations, the Committee on the Elimination of Discrimination Against Women (CEDAW) expressed concern at “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, 10 March 2014, paragraph 21).

The Committee notes the Government’s list of programmes completed by the Family Development Department during 2014–15, and specifically one training programme focused on organizational management and a study on the future increase of nurseries and kindergartens. It also notes the statistical information provided by the Government on the participation of men and women, which indicates that women’s participation in non-agricultural work has fallen to 12.8 per cent in 2013, from 15 per cent in 2006. The Committee notes the Government’s indication that the overall labour participation rate of women remains at nearly 13 per cent of the working-age population. It also notes that, of those who are not economically active, 65 per cent of women work in the household, while 73 per cent of men are engaged in studies.

The Committee recalls that stereotyped assumptions regarding women’s aspirations and capabilities, their suitability for certain jobs or their interest or availability for full-time jobs, continue to lead to the segregation of men and women in education and training, and consequently in the labour market (see General Survey on the fundamental Conventions, 2012, paragraph 783). It also recalls that the primary obligation of States that have ratified the Convention is 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. The Committee requests the Government to provide detailed information on the measures taken or envisaged to promote equality of opportunity and treatment for men and women in employment and occupation. It specifically requests the Government to provide information on the measures taken or envisaged to combat stereotypical views of the jobs that are appropriate for men and women, as well as measures to assist the transition of women into the economy such as, for example, vocational training to gain access to a wide range of paid occupations and employment, especially those with opportunities for advancement and promotion. In this regard, the Committee also welcomes the plan to increase the number of nurseries and kindergartens, and requests more information on the implementation of the plan. The Committee also requests the Government to continue providing up-to-date statistics, disaggregated by sex and social origin, concerning the participation of men and women in the various sectors of economic activity and at each level of 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 recalls its previous request to the Government to provide information on the activities of the Labour Inspection Department, as well as details of the complaints submitted to the Human Rights Department, the Labour Relations Department and the NHRC, or any other administrative or judicial authorities. The Committee notes the Government’s indication that the Labour Inspection Department has not found any violations relating to discrimination in employment and occupation, and that no such complaints have been submitted to the Human Rights Department, the Labour Relations Department or the NHRC. In this regard, the Committee once again 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 once again requests the Government to provide 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 the outcome of these activities. It also requests the Government to provide information on the measures taken or envisaged to train labour inspectors to increase their capacity to prevent, detect and remedy instances of discrimination. The Committee further requests the Government to continue providing 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 of these institutions and authorities.

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