COMMITTEE ON RIGHTS OF CHILD EXAMINES REPORT OF QATAR ON OPTIONAL PROTOCOL ON CHILDREN AND ARMED CONFLICT
The Committee on the Rights of the Child today reviewed the initial report of Qatar on how that country is implementing the provisions of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict.
Presenting the report, Ahmed Hussain Al-Hamadi, Director of Legal Affairs of the Ministry of Foreign Affairs of Qatar, said the laws in force in Qatar did not allow conscription. Twenty was the minimum for the recruitment of officers, while candidates for other grades should not be less than 18 years old. There were no exceptions to the minimum age for military service, even in time of war or general mobilization. Despite reforms undertaken, as well as the availability of material resources, still Qatar faced some temporary challenges and difficulties in implementing the Protocol in an ideal way. Among them were the relatively new legislative and institutional developments, and the relationship of the State with monitoring mechanisms, as well as the technical capabilities that were at the stage of being built, developed and rehabilitated. It was expected that Qatar would benefit from the United Nations Training and Documentation Centre's activities and programmes in the human rights domain for South-West Asia and the Arab Region in Doha in overcoming those difficulties and challenges.
In preliminary concluding observations, Moushira Khattab, the Committee Expert serving as Rapporteur for the report of Qatar, said that Qatar was currently going through a phase of development and transformation and the Committee looked forward to the fact that its recommendations would help Qatar in drafting its proposed children's law, in reforming the penal code, or in strengthening the National Committee for Human Rights in a way that would be in conformity with the Paris Principles. The political will and the resources were there. The Office of the High Commissioner for Human Rights and its regional Training Centre would definitely help in that task. Also welcome had been the news that Qatar was withdrawing its reservations to the Convention on the Rights of the Child.
Other Experts raised a series of questions pertaining to, among other things, the legal status of students in the military colleges; whether Qatar was contemplating ratifying the Rome Statute of the International Criminal Court; access of children to small arms and light weapons; the status of the Convention in domestic law, in particular whether it could be invoked directly by the courts, and whether it took precedence over domestic law; the scope of the future law on children; and, given concerns expressed by several Experts over the situation of war-affected refugee children coming into the country, whether Qatar had plans to join the United Nations Refugee Convention and its protocols.
The Committee will release its formal, written concluding observations and recommendations on the report of Qatar towards the end of its three-week session which will conclude on Friday, 5 October.
The delegation of Qatar also included Abdulla Falah Abdulla Al-Dosari, the Permanent Representative of Qatar to the United Nations Office at Geneva, along with other members of the Permanent Mission, and representatives from the Ministry for Foreign Affairs, the Ministry of Defence, the Supreme Council for Family Affairs, and the Qatari Foundation for the Protection of Women and Children.
As one of the 193 States parties to the Convention, Qatar is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty.
When the Committee reconvenes on Friday, 21 September at 10 a.m., it will hold a General Day of Discussion devoted to the theme related to article 4 of the Convention: Resources for the rights of the child – responsibility of States, investments for the implementation of economic, social and cultural rights of children and international cooperation.
Report of Qatar
There is no such thing as compulsory recruitment in the Qatari armed forces. According to the initial report of Qatar (CRC/C/OPAC/QAT/1) under the Optional Protocol on the involvement of children in armed conflict, the recruitment regulations are founded on voluntarism and the regulations and laws governing the Qatari armed forces make no mention of the direct or indirect involvement in hostilities of members of the Qatari armed forces below 18 years of age. Aggressive military action is prohibited under the Qatari Constitution. Anyone appointed as an officer in the armed forces must be over 18 years; for recruitment of other ranks in the Qatari armed forces, candidates must not be below 18 or above 25 years of age. The minimum age for enrolment in armed forces schools is the age of recruitment, which is not below 18 years. The Ahmad Bin Mohammed Military College trains prospective officers with a view to producing graduates at the rank of second lieutenant. The Armed Forces’ Training Institute trains officers and non-commissioned officers in various subjects, and provides foundation training for new entrants. Human rights and humanitarian principles have been added to the academic curriculum, in coordination with the National Human Rights Committee, at armed forces schools. There are no cases involving recruitment or use of children in hostilities by armed groups in Qatar.
The Qatari armed forces run incentive programmes for schoolchildren below 18 years of age. The programme is run every year for Qatari boys enrolled in school in Qatar up to the end of the secondary stage and for those enrolled in morning study. The students are given a monthly stipend in order to protect them and make sure that they receive a well-rounded cultural, moral and civic education based on a carefully designed programme that takes account of the provisions and safeguards set out in the Convention on the Rights of the Child and the two Optional Protocols. Enrolment in the training course is voluntary. The scheme for students removed from day and private schools was established to complement the efforts of the armed forces to develop and foster children’s abilities along the lines set down in children’s rights legislation.
Presentation of Report
AHMED HUSSAIN AL-HAMADI, Director of Legal Affairs of the Ministry of Foreign Affairs of Qatar, said that human rights were the cornerstone of the comprehensive reform efforts being carried out under the leadership of His Highness Sheikh Hamad bin Khalifa Al-Thani in Qatar. The State's human rights concerns were reflected in the establishment of several institutions. On the governmental level, there was the Human Rights Bureau at the Ministry of Foreign Affairs; the Human Rights Department at the Ministry of Interior; the Supreme Council for Family Affairs; and the National Coordinating Bureau for Combating Human Trafficking. On the non-governmental level, the National Committee for Human Rights had been created under a 2002 law, with the mandate of striving to achieve the goals enshrined in the Conventions and international agreements relating to human rights. It also considered the violation of human rights and freedoms, and proposed appropriate means to address those violations and to prevent their recurrence, by raising awareness and education on human rights and freedoms.
As for its related international commitments, Qatar was a party to the Convention on the Rights of the Child and both of its Optional Protocols; it had ratified ILO Convention No. 182, concerning the Prohibition of the Worst Forms of Child Labour; and Qatar was a party to the Anti-Personnel Mine Convention, Mr. Al-Hamadi noted.
Qatar endeavoured to participate and contribute effectively in international efforts aiming at promoting a culture of peace, as enshrined in the Qatar Constitution, which stated that the foreign policy of the State should be guided by the principles of preserving international peace and security; renunciation of violence and use of force; encouraging the pacific settlement of disputes; and cooperating with peace-loving nations. Therefore, Qatar was keen to contribute in an effective way in peacekeeping forces and humanitarian operations, Mr. Al-Hamadi explained.
The military laws of Qatar had been reviewed, consistent with its obligations arising from the international conventions, including the Optional Protocol on the involvement of children in armed conflict, Mr. Al-Hamadi continued. Thus, the laws in force in Qatar did not allow conscription. Twenty was the minimum for the recruitment of officers, while candidates for other grades should not be less than 18 years old. There were no exceptions to the Military Service Law with regard to lowering the minimum age for military service, even in time of war or general mobilization.
Attention to family and childhood affairs was not confined to the legislative area, but included institution-building, strategies, policies and programmes that sought to translate legislative protection of children from all forms of violence, abuse, exploitation, and involvement in armed conflicts, into a concrete reality, Mr. Al-Hamadi said. In that regard, the Supreme Council for Family Affairs constituted the first line of protection. A 2002 decree provided for the restructuring of the Council, providing that it should develop a national plan for the protection and care of the family. Moreover, the Council proposed public policies and legislation to strengthen the role of the family, in addition to expressing opinions on projects of conventions concluded in the area of the family. It was also entrusted with follow-up and implementation of international agreements related to the child.
Despite the reforms undertaken, as well as the availability of material resources, still Qatar faced some temporary challenges and difficulties in implementing the Protocol in an ideal way, Mr. Al-Hamadi observed. Among them were the relatively new legislative and institutional developments, and the relationship of the State with monitoring mechanisms, as well as the technical capabilities that were at the stage of being built, developed and rehabilitated. However, it was expected that Qatar would benefit from the United Nations Training and Documentation Centre's activities and programmes in the human rights domain for South-West Asia and the Arab Region in Doha in overcoming those difficulties and challenges.
Questions by Experts
MOUSHIRA KHATTAB, the Committee Expert serving as Rapporteur for the report of Qatar, said that Qatar had made significant strides in the social and economic spheres, having achieved most of the Millennium Development Goals, and it would certainly achieve them all well before 2015. It had also played a role in the collective security of the region, but notably was not engaged in any conflicts, nor were there any Qatari children involved in armed conflicts.
At the outset, Ms. Khattab wondered if Qatar would consider withdrawing its reservations to the Convention on the Rights of the Child – a general reservation on provisions that might be found to be incompatible with Sharia law, and a reservation to articles 21 and 22 involving adoption.
Ms. Khattab appreciated the statement that military service was strictly voluntary and restricted to those over 18, as well as the fact that the law did not allow for the lowering of the minimum age for compulsory recruitment in exceptional circumstances. However, it had been reported that the minimum age for volunteering in Qatar was 14 years old. Moreover, Qatari law did not criminalize compulsory recruitment or the involvement of children in hostilities. Also of concern was the fact that Qatar did not extend extraterritorial jurisdiction for those who recruited children for use in armed conflict.
It had been mentioned that Qatar contributed to peacekeeping operations, the first Gulf country to do so. In that context, Ms. Khattab said there was a need for legislation criminalizing acts by members of peacekeeping forces that breached any of the provisions of the Protocol.
In Qatar's written answers, it had stated that there was no need to include human rights education in its Armed Forces, as there were no children in the Qatari army. That was not the point, Ms. Khattab said. There was a need for human rights education for all members of the armed forces, as they could play a role in preventing abuses.
Regarding the National Committee for Human Rights mandate to review legislation to harmonize it with its international human rights commitments, Ms. Khattab wondered if Qatar was contemplating bringing that Committee into conformity with the Paris Principles for independent national human rights institutions.
Ms. Khattab regretted that the proposed plan of action on children did not include any targeted measures regarding the Optional Protocol on the involvement of children in armed conflict, nor had any funds been earmarked for its implementation.
Following an increase in immigrants and asylum-seekers fleeing conflicts in the region, was Qatar taking any measures to assess and care for such refugee children who were victims of armed conflicts? In its written replies, Qatar had said it had no statistics on this issue, and Ms. Khattab urged Qatar to compile a database on such children.
Concerning children under 18 enrolled in military academies Ms. Khattab wondered if such children were trained in the use of weapons.
AGNES AKOSUA AIDOO, Committee Expert serving as co-Rapporteur for the report of Qatar, said she would like to know the outcome of the proposals made by the National Committee, in particular calling on the Supreme Council for Family Affairs to establish guidelines on the treatment of children in peacekeeping situations.
Ms. Aidoo was concerned about the dissemination of the Optional Protocol to the general public and wondered what kind of publicity it had been given, in particular to make children and families aware of it. Regarding the preparation of the report and the replies, it appeared that was done by the Government, and she asked if civil society, including non-governmental organizations and student groups, as well as the National Human Rights Committee, were involved in giving inputs into the report.
The report had referred to a "scheme for students removed from day and private schools ... established to complement the efforts of the armed forces to develop and foster children’s abilities along the lines set down in children’s rights legislation". Ms. Aidoo wanted to have more information about that programme, including what kind of contract the parents had to sign; whether human rights education was provided in the training; and whether foreign children were eligible.
Other Experts raised a series of questions pertaining to, among other things, the legal status of students in the military colleges; whether Qatar was contemplating ratifying the Rome Statute of the International Criminal Court; access of children to small arms and light weapons; the status of the Convention in domestic law, in particular whether it could be invoked directly by the courts, and whether it took precedence over domestic law; the scope of the future law on children; and whether Qatar had plans to join the UN Refugee Convention and its protocols.
Response by the Delegation
Regarding Qatar's reservations to the Convention, the delegation said that the Council of Ministers had withdrawn its reservations as of today. Responding to a follow-up question, the delegation said it was unclear to which reservation that announcement applied, but the delegation would get back to the Committee on that.
With regard to the age of voluntary recruitment, there was no provision for under-18 recruitment, and any recruitment under the age of 18 was criminalized, the delegation underscored. There was no criminal provision, but the Military Code and the draft Act on Children contained prohibitions on under-18 recruitment.
Non-Qataris could not be recruited in military schools, the delegation said.
As for the National Council, the delegation said that there was work under way to ensure that the Council, which had been established in 2002, conformed with the Paris Principles.
Those who were designing the National Plan of Action on Children were doing so on the basis of the Convention and the special session of the General Assembly on children along three axes: children's health, development and protection. That was being done in collaboration with civil society and would involve wider dissemination of the Optional Protocols, among others, the delegation said.
As for payments to children undertaking military training, children who participated in summer sessions were paid more than those removed from day or private schools in order to encourage children to pursue education. Children were also paid more or less based on the level of their education. The Government had found that paying a stipend for undergoing the training improved the children's performance. Human rights education was included in those programmes, the delegation added.
The Qatari Institute for the Protection of Women and Children, a civil society institution, had participated in preparation of the report, the delegation confirmed. Responding to another question, the delegation said neither the National Committee for Human Rights nor youth representatives had participated in the preparation of the present report, although the National Committee had participated in drafting all other reports on the Convention, including on the Optional Protocol on the sale of children, child prostitution and child pornography.
Ratified international instruments had the force of law under Qatari legislation, the delegation said.
As for refugees, a Committee had been composed to review Qatar's possible accession to the United Nations Refugee Convention and to the Rome Statute. It was believed that Qatar would accede to the Refugee Convention and its protocols in the near future.
Regarding extraterritorial jurisdiction, Qatar had extraterritorial jurisdiction over crimes occurring on all Qatari boats and airplanes, or for crimes involving drugs, terrorism, trafficking in humans, or threatening national security, the delegation said. If a Qatari national committed a crime outside Qatar, he was liable for that crime upon his return. The Government planned not only to include all the provisions of the Optional Protocol in its criminal code, but also to extend extraterritorial jurisdiction for those crimes.
In Qatar there were strict licensing procedures for carrying firearms and persons had to have reached 21 years of age to carry a gun, the delegation said.
There were training courses on the Optional Protocol and it was included in school curricula, the delegation said. The Protocol had been distributed to all the competent government authorities, including the Armed Forces and all those dealing with children. The Armed Forces had incorporated international humanitarian law in all its trainings.
Preliminary Observations
In preliminary concluding observations, MOUSHIRA KHATTAB, the Committee Expert serving as Rapporteur for the report of Qatar, said that Qatar was currently going through a phase of development and transformation and the Committee looked forward to the fact that the Committee's recommendations would help Qatar in drafting its proposed children's law, in reforming the penal code, or in strengthening the National Committee for Human Rights in a way that would be in conformity with the Paris Principles. The political will and the resources were there. The Office of the High Commissioner for Human Rights and its regional Training Centre would definitely help in that task.
Ms. Khattab welcomed the news that Qatar was withdrawing its reservations to the Convention on the Rights of the Child, and looked forward to receiving official confirmation of that announcement.
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