Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

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

Autre commentaire sur C111

Observation

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Legislative developments. Labour reforms. The Committee notes with interest the adoption of different sets of laws, regulations and practical measures in recent years and months. It that sense, the Committee notes the following laws and regulations since its previous comments: (1) Decision No. 95 of 2019 of the Ministry of Interior which provides that, with immediate effect, exit permit requirements have been removed for all expatriates who are not subject to the Labour Law of Qatar, such as domestic workers; (2) Law No. 17 of 2020 on the minimum wage which sets down the minimum wage for workers and applies to all categories of workers, regardless of their nationality or the sector in which they work, including domestic workers (see ILO Project Office for the State of Qatar, Progress report on the technical cooperation programme between the Government of Qatar and the ILO, November 2022); (3) Law No. 19 of 2020 amending Law No. 21 of 2015 regulating the entry, exit and residence of expatriates, supplemented by Ministerial Decision No. 51 of 2020, which removed the legal requirement for migrant workers to obtain a no-objection certificate from employers to change jobs; and (4) Ministerial Decree No. 17 of 2021 which specified measures to protect workers, including migrant workers, from heat stress.

The Committee also welcomes the adoption of the National Policy on Labour Inspection in 2019 and the National Policy on Occupational Safety and Health in 2020 which include the collection, analysis and publication of data as a specific objective. Where appropriate, the Committee will examine the provisions of these laws and policies under the relevant Articles of the Convention.

Article 1 of the Convention. Protection against discrimination. Legislation. The Committee notes that the Government refers once again to articles 34 and 35 of the Constitution (equality before the law and non-discrimination on the basis of sex, race, language or religion) and explains that the Labour Law does not contain discriminatory provisions. Referring to its previous detailed comments and to paragraphs 850–855 of its 2012 General Survey on the fundamental Conventions, the Committee recalls that the absence of a clear and comprehensive legislative framework may prevent workers from availing themselves of their right to equal opportunity and treatment and to non-discrimination. The Committee once again strongly urges the Government to take the necessary steps to introduce in the labour legislation (Labour Law No. 14 of 2004 and Law No. 15 of 2016 issuing the Civil Human Resources Law) or in any specific anti-discrimination legislation, provisions defining and prohibiting direct and indirect discrimination based on at least all of the grounds enumerated by the Convention, including political opinion, national extraction and social origin, covering all workers at all stages of employment and occupation, including recruitment and terms and conditions of employment.

Scope of application. Categories of workers excluded from the Labour Law. The Committee notes the Government’s indication that: (1) the Civil Human Resources Law of 2016, which applies to public sector employees, provides for comprehensive protection against discrimination, because its provisions do not differentiate between employees; (2) members of armed forces, the police and other military bodies are covered by specific laws that do not discriminate; and (3) workers in agriculture are not excluded any longer from the scope of the Labour Law further to its amendment. The Committee wishes to underline that the absence of provisions differentiating between workers in the law is not sufficient to effectively protect all persons against discrimination in employment and occupation, as required by the Convention. The Committee also wishes to point out that, if the Convention leaves it to each country to decide which legislative measures are appropriate to implement the national equality policy, it requires the State to review whether legislation is needed to secure the acceptance and observance of the policy. The need for legislative measures to give effect to the Convention must thus be assessed within the framework of the national policy required by Article 2 of the Convention, having regard in particular to the other types of measures which may have been taken, and to the effectiveness of the overall action pursued, including whether there are adequate and effective means of redress and remedies (see 2012 General Survey on the fundamental Conventions, paragraph 735). In light of the above, the Committee asks the Government to provide information on any measures taken to include in the specific laws and regulations applying to workers excluded from the scope of the Labour Law explicit provisions defining and prohibiting direct and indirect discrimination based on at least all of the grounds enumerated in Article 1(1)(a), including provisions addressing all forms of sexual harassment, at all stages of employment and occupation, especially recruitment.

Article 1(1)(a). Discrimination based on sex. Follow-up to the representation under article 24 of the ILO Constitution. The Committee notes the Government’s indication that the Ministry of Administrative Development, Labour and Social Affairs (MADLSA) closely follows up on all complaints received, through its periodic inspections. The Government adds that: (1) in 2018, 11 complaints were submitted by 9 airline workers, of whom 5 were women and 4 men, none of which related to discrimination in employment and occupation; and (2) to protect and safeguard the worker’s health and the health of the child during pregnancy, pregnant women workers are transferred to appropriate jobs among the ground service staff. The Committee notes that the Government does not provide any information regarding the implementation of the rules regarding drop-off or pick-up of female employees from the company premises and rest periods, nor does it indicate how it is ensured that the application of rules and policies by the company does not create or contribute to an intimidating working environment and that the quality of life of cabin crew is improved. The Committee asks the Government to continue to follow up with the company concerned with regard to the implementation of the recommendations adopted by the Governing Body in 2015, and to monitor its practices, in order to ensure that: (i) there is no discrimination against pregnant cabin crew members; (ii) measures continue to be taken to provide them with alternative suitable work during pregnancy; (iii) rules governing rest periods are implemented in a non-discriminatory manner; and (iv) the application of rules and policies does not create or contribute to an intimidating working environment.

The Committee asks the Government to continue to: (i) strengthen and monitor the effectiveness of prevention and enforcement mechanisms, including their capacity to detect and address discriminatory practices; and (ii) provide information on any complaints of discrimination filed and the results thereof.

Sexual harassment. The Committee notes from the progress report of the technical cooperation programme between the Government of Qatar and the ILO (TCP Qatar–ILO) that the MADLSA and the ILO have developed and delivered the first training activities on discrimination, violence and harassment for joint committees in September 2022. With respect to the insufficiency of the legislative framework to ensure the prohibition and effective protection against all forms of sexual harassment in employment and occupation, the Committee notes that the Government refers once again to: (1) Law No. 14 of 2004 (Labour Law) which allows a worker to terminate his/her contract if the employer commits a physical assault, or an immoral act against him/her, or a member of his/her family (section 51(2)); and (2) sections 279 to 289 of Law No. 11 of 2004 issuing the Penal Code which punish “crimes of honour” and section 291 which provides for sanctions against any person who “offends a woman’s modesty”. With reference to its previous comments, the Committee points out once again that the provisions of the Labour Law and the Penal Code do not capture the full range of behaviours that constitute sexual harassment in the specific field of employment and occupation, which can materialize verbally, physically, visually, psychologically or electronically, and be committed by the employer or any other person related to work, at all stages of employment. The Committee also refers to its 2012 General Survey on the fundamental Conventions for more details on sexual harassment (paragraphs 789–794). The Committee once again urges the Government to take the necessary steps to: (i) explicitly define and prohibit in the labour legislation relating to the public and private sectors or any specific anti-discrimination legislation, all forms of sexual harassment at work committed not only by the employer but also by any other person in relation to work, at all stages of employment, against all men and women workers; (ii) include specific provisions for effective mechanisms to prevent, remedy and sanction sexual harassment; and (iii) provide specific training for labour inspectors on this subject. Lastly, the Committee once again asks the Government to provide information on the number of complaints of sexual harassment referred to the competent authorities, including criminal cases in application of sections 279 to 289 and 291 of Law No. 11 of 2004 issuing the Penal Code.

Articles 1 and 2. Equality and non-discrimination. Migrant workers. The Committee notes the following information provided in the Government’s report and the progress report on the TCP Qatar–ILO regarding another set of measures: (1) the removal of the legal requirement for migrant workers to obtain a no-objection certificate from employers to change jobs (Law No. 19 of 2020); and (2) the indication that, from November 2020 to August 2022, a total of 348,455 applications to change jobs were approved by the MADLSA, 16 per cent of which were submitted by women workers in the private sector (the overall proportion of women in the workforce being 15 per cent). The Committee also notes that the implementation of the programme for the rotation of expatriate workers and the retention of skilled workers has commenced and an electronic platform (the Labour Re-employment Platform) was launched to rotate skilled workers in the local market.

The Committee further notes with interest that: (1) in 2021, the MADLSA established an online platform for workers, including domestic workers, to submit complaints online, including anonymous whistle-blower complaints; (2) the electronic systems of MADLSA and the Ministry of Interior have been linked in an attempt to prevent employers from cancelling workers’ residency permits (QIDs) or filing false charges of abscondment as a form of retaliation. With respect to the misuse of the abscondment report system as a retaliatory action, the Committee welcomes the procedural changes adopted to oblige the employer reporting a case of abscondment to provide additional information, such as on whether or not the employer owes any financial dues to the worker or whether or not there is a labour complaint, the worker’s accommodation address and information on any witness(es) who can testify. It notes that a penalty was introduced in case of submission of false information by the employer; and (3) awareness--raising campaigns are carried out on a large scale to inform workers of the mechanisms available to them to file complaints and to make them aware of their rights, in multiple languages. Finally, the Committee notes from the progress report of the TCP Qatar–ILO that: (1) the ILO Doha Office has continued to receive queries from workers, giving thereby a direct insight into the challenges faced by migrant workers and where implementation challenges remain; (2) throughout 2022, most of the queries received concerned delays and cancellations of workers’ applications to change employer, together with cancellations of QIDs and other similar forms of retaliation, which remains a challenge; (3) the number of cases per month and in total has declined substantially in the second half of the year; (4) the Workers’ Support and Insurance Fund has dramatically increased disbursements to workers up until 30 September 2022 to QAR1,165,316,181 (over US$320 million) of unpaid wages and benefits, which demonstrates the scale of this issue; and (5) Decision No. 2/2022 on the provisions and procedures for disbursing workers’ entitlements was published in April 2022. The report adds that a booklet on the Labour Law will be published by the end of the year in English and Arabic and will be translated into multiple languages in 2023. Welcoming the important legal measures adopted recently and in the past years by the Government to facilitate the labour mobility of migrant workers and thereby reduce their vulnerability to discrimination and abuse, the Committee asks the Government to: (i) step up its efforts in monitoring and enforcing the new legal provisions; (ii) ensure that, where implementation challenges and obstacles remain, measures are taken so that migrant workers can avail themselves of their rights and do not suffer retaliation from their employer; and (iii) continue to undertake awareness-raising activities.

The Committee also asks the Government to adopt proactive and comprehensive measures to promote substantive equality and combat prejudices and stereotypes against migrant workers.

Equality and non-discrimination. Domestic migrant workers. Legislative developments and practical measures. The Committee welcomes the adoption of Ministerial Decision No. 95 of 2019 according to which domestic workers now have the right to leave the country temporarily or permanently during their contract period without prior approval from their employers, with 72 hours’ notice to the employer whose approval is not required. Furthermore, as stated at the beginning of this comment, the Committee notes the following developments: (1) the adoption by the MADLSA in 2021 of a revised standard employment contract; (2) the determination of maximum recruitment fees that agencies can charge employers; (3) the implementation of a public campaign to raise awareness on decent work for domestic workers; (4) the development of a User Guide for workers submitting employment change applications and an update of the communication on labour mobility legislation produced in 12 languages; (5) the dissemination of the Know Your Rights booklet for domestic workers in 12 languages and the publication of the Guide to Employing Migrant Domestic Workers in Qatar booklet for employers in two languages; and (6) the design and development of a training programme on decent work for domestic workers for licensed private recruitment agencies in Qatar, in cooperation with the ILO. In addition, the Committee notes that, as part of the TCP Qatar–ILO, the MADLSA and ILO are studying the feasibility of developing a voluntary wage protection system (WPS) for domestic workers which would allow the Government to monitor salaries and allowances paid to them and to detect violations, as the current WPS does not cover this category of workers. In this context, the Committee also observes that Decision No. 2/2022 on the provisions and procedures for disbursing workers’ entitlements establishes limits on how much can be paid out and provides for a different limit for domestic workers. With respect to the revised employment contract, it notes that the contract: (1) specifies additional rights for domestic workers and provides clarity on the terms and conditions of their employment; and (2) aligns domestic workers’ rights with those of other workers employed in the private sector in relation to overtime payment, termination of employment and sick leave entitlements. The Committee notes however with concern from the progress report of the TCP Qatar–ILO that: (1) challenges of full implementation of the reforms remain, especially due to limited inspection of working and living conditions of domestic workers; (2) there have been reports of employers of domestic workers seeking to recover the fees paid to recruitment agencies from the workers themselves, to compensate for the loss of the worker, and restricting workers’ labour mobility by filing false charges of abscondment or cancelling workers’ residency permits as a form of retaliation. The Committee asks the Government to take the necessary steps to: (i) ensure that domestic workers benefit from the same legal and practical protections against discrimination as other categories of workers, including with respect to disbursement of wages and all forms of sexual harassment, either by amending Law No. 15 of 2017 or through the adoption of comprehensive anti-discrimination legislation; (ii) adequately monitor and enforce the new legislation on the minimum wage (including to ensure that it does not discriminate on the basis of national origin), the removal of exit visas and change of employer, as well as compliance with the revised employment contract; and (iii) effectively combat stereotypical views and prejudices regarding domestic workers and the undervaluation of their work.

It also asks the Government to provide information on the measures taken to address the issues of inspection of working and living conditions of domestic workers and restrictions by the employer to labour mobility.

Article 2. Equality between men and women in employment and occupation. The Committee notes that the Government refers once again to the Qatar National Vision 2030, which calls for, inter alia, “improving women's capacities to enable them to participate fully in the country’s economic and political process”. It notes the Government’s indication that: (1) women’s participation in the labour market has increased significantly as a result of the inclusion of promotion of women’s rights in national policies and laws which regulate the labour market; (2) Qatari women are holding several ministerial positions and leadership roles, and their presence is increasing in the honorary ranks of ministries, the judiciary, the public prosecution and the Shura Council. The Committee also notes from the statistics on the distribution of the labour force for 2019 provided by the Government that the labour market continues to be highly segregated, with a large majority of women in domestic services (40 per cent of all working women in comparison with 3.6 per cent of all working men), education (12.2 per cent of all working women in comparison with 1 per cent of all working men), and health and social work (7.6 per cent of all working women in comparison with 1.2 per cent of all working men). Most men work in construction (48.1 per cent of all working men in comparison with 2 per cent of all working women). The Committee also notes that, in reply to its previous comments, the Government indicates that it will look into the manner of undertaking an assessment and analysis of the gender situation in respect of employment under its direct control and to encourage such an initiative in the private sector. Noting the persistent gender occupational segregation and low participation of women in the labour market, the Committee reiterates its request to the Government to adopt proactive measures and remove obstacles, with a view to facilitating and increasing the participation of women – Qatari and non-Qatari – in employment and occupation. In particular, the Committee asks the Government to adopt measures aimed at: (i) promoting equal opportunities for men and women in employment and occupation, including through the promotion of neutral recruitment processes and the removal of obstacles to access to productive resources and equipment; and (ii) combating stereotypical views regarding women’s aspirations and capabilities, their suitability for certain jobs or their interest or availability for full-time jobs.

The Committee hopes that the Government will soon be able to undertake an assessment and analysis of the gender situation in respect of employment under its direct control and to encourage such an initiative in the private sector. The Government is also asked to continue providing up-to-date statistics, disaggregated by sex, concerning the participation of men and women in the various sectors of economic activity, 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.

Article 5. Special measures of protection and assistance. Women’s employment. The Committee notes the Government’s statement that: (1) there are no restrictions in law and in practice limiting the employment of women in certain professions; and (2) over time, a shift has occurred from a protectionist approach to women’s employment to an approach based on the promotion of true equality between men and women and the actual elimination of discriminatory practices. The Committee also notes the Government’s indication that Council of Ministers Order No. 26 of 2019 was promulgated, establishing the National Committee for the Affairs of Women, Children, the Elderly and Persons with Disabilities, which “reflects the official interest in the need for a supreme national government agency concerned with the family, in particular women, their needs and future aspirations, in line with the comprehensive vision of development “Qatar National Vision 2030”“. The Committee therefore asks the Government to provide information on any steps taken to ensure that: (i) its approach regarding women’s employment remains in line with the principles of equality and non-discrimination and addresses gender stereotypes regarding the role, capacity and aspirations of women; and (ii) any protective measures taken are strictly limited to maternity protection or based on occupational safety and health risk assessments and do not constitute obstacles to the employment of women, in particular their access to posts with career prospects and responsibilities.

Enforcement and awareness-raising. The Committee emphasizes the importance of enforcing the new legal provisions, in particular those concerning migrant workers, including domestic migrant workers. It also refers to the developments described above regarding the establishment of an online platform for workers, including domestic workers and whistle-blowers, to submit complaints. The Committee also notes from the progress report of the TCP Qatar–ILO that between October 2021 and October 2022, the MADLSA received 34,425 complaints, primarily through the online complaints platform, mainly concerning non-payment of wages and end-of-service benefits, as well as annual leave. Of the total number of complaints, 66.5 per cent (22,897) were settled, 30.7 per cent (10,565) were sent to the Dispute Settlement Committees (DSCs) and 2.8 per cent (963) are still under review. The Committee notes the Government’s indication that no violations were detected relating to discrimination in employment and occupation during inspection visits in 2019–20 and no lawsuits were registered with the labour dispute settlement committees in relation to discrimination in employment and occupation. It further notes that specialized training programmes were held for labour inspectors to strengthen their competence on labour law and international labour standards, including their ability to detect any cases related to discrimination in employment and occupation. The Committee asks the Government to continue to increase the number and reinforce the capacities of labour inspectors and other enforcement authorities with a view to preventing, identifying and effectively addressing cases of discrimination and putting an end to discriminatory practices. It also asks the Government to continue to provide information on the number, nature and outcomes of any cases detected by labour inspectors and complaints examined by courts relating to discrimination in employment and occupation and on the functioning of the complaints system and any obstacles faced by workers in submitting their complaints.