Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Qatar (Ratification: 2007)

Autre commentaire sur C105

Observation

2019

Demande directe

2016
2013
2011
2010

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Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. 1. Penal Code. In its previous comments, the Committee noted that sentences of imprisonment (involving compulsory labour, by virtue of section 62 of the Penal Code and sections 6 and 7 of Decree No. 11 of 2012 on penitentiaries and reformatories) may be imposed under certain provisions of the national legislation in circumstances which are covered by Article 1(a) of the Convention, namely:

-section 115 of the Penal Code, which prohibits the dissemination of information or false statements on the country’s domestic situation which damage the economy, the prestige of the State or national interests; and
-section 134 of the Penal Code, which prohibits any open criticism or defamation of the Prince or his heir.

The Committee requested the Government to take the necessary measures to ensure that the abovementioned sections of the Penal Code are amended to be in conformity with the Convention.

The Committee notes the Government’s indication that all the necessary measures will be taken as requested by the Committee of Experts in order to amend sections 115 and 134 of the Penal Code, so that persons who hold or express certain political views or views ideologically opposed to the established political and social system, cannot be liable to prison sentences involving compulsory labour. The Committee also notes once again the Government’s reference to Decree No. 11 of 2012, regulating the penitentiaries and reformatories, as well as its detailed explanations on the guarantees that are provided for convicted persons when they perform work in prison (rehabilitation activities and programmes, decent salary).

The Committee recalls that the Convention prohibits the imposition of compulsory prison labour, for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee also recalls that sections 115 and 134 of the Penal Code are not in conformity with the Convention, as their application is not limited to acts of violence (or incitement to violence), armed resistance or uprising, but seem to allow penalties of imprisonment (involving compulsory labour) to be imposed for the peaceful expression of opinions opposed to the established political system. Moreover, the Committee draws the attention of the Government to the fact that, to avoid any problem with the application of the Convention, it is important that the amended provisions of the Penal Code do not provide for penalties of imprisonment, involving compulsory prison labour, as a sanction for expressing political opinions peacefully or opposition to the established political, social or economic order. The Committee trusts that the Government will take the necessary measures in the very near future to ensure that the abovementioned provisions of the Penal Code are amended, so that persons who hold or express certain political views or views ideologically opposed to the established political and social system, cannot be liable to prison sentences involving compulsory labour. The Committee also requests the Government to provide information on the progress made in this regard.

2. Political associations, publications and public demonstrations. In its previous comments, the Committee also noted that, under certain provisions, sentences of imprisonment (involving compulsory labour) may be imposed in the following cases:

-sections 35 and 43 of Act No. 12 of 2004 concerning associations, which prohibit the creation of political associations and provide for a sentence of imprisonment of between one month and one year for any person who carries out an activity contrary to the purpose for which an association was created;
-section 46 of Act No. 8 of 1979 on publications, which prohibits any criticism of the Prince or his heir, and section 47 of the same Act, which prohibits the publication of any defamatory documents on the president of an Arab or Muslim country or a friendly country, as well as documents prejudicial to the national currency or raising confusion concerning the economic situation of the country; and
-sections 15 and 17 of Act No. 18 of 2004 on public meetings and demonstrations, which prohibit public assembly without prior authorization.

The Committee requested the Government to take the necessary measures to bring the abovementioned provisions into conformity with the Convention.

The Committee notes with regret an absence of information on this point. The Committee, once again recalls that Article 1(a) prohibits the use of forced or compulsory labour “as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system”. The range of activities which must be protected under this provision, from punishment involving forced or compulsory labour, thus comprises the freedom to express political or ideological views, as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views and which may also be affected by measures of political coercion. In this regard, the Committee, expresses the firm hope that the necessary measures will be taken to bring the above provisions into conformity with the Convention. The Committee also requests the Government to provide information on the application in practice of the abovementioned provisions, including copies of court decisions determining or illustrating their application.