Experts of the Committee on the Elimination of Racial Discrimination Applaud Qatar’s Memorial for Enslaved Africans, Raise Questions on Mandatory HIV Testing for Migrant Workers and the Kafala System
The Committee on the Elimination of Racial Discrimination today concluded its consideration of the combined twenty-second and twenty-third periodic report of Qatar, with Committee Experts applauding the State’s memorial for enslaved Africans, while asking questions about mandatory HIV testing for migrant workers and the sponsorship or kafala system.
A Committee Expert welcomed the news that Qatar had a memorial which memorialised trafficking and enslaved Africans. Qatar should be applauded for this action, which was putting into action the recommendations of the first Decade of People of African Descent. This was in keeping with the programme of activities.
A Committee Expert said a directive from UNAIDS forbade mandatory HIV testing. Qatar was one of the few countries which required an HIV test to enter the country. Once migrants had entered the territory, they continued to have to undergo HIV testing to gain employment. If you had to be HIV-negative to enter the country, why was further HIV testing required within the country? Another Expert said the medical tests conducted on migrant workers did not respect the principles of informed consent. The Committee wanted to understand more about how the State felt about these procedures. A third Expert asked what was done if a person tested positive?
Ibrahima Guisse, Committee Expert and Country Rapporteur, said the Committee welcomed the positive reforms adopted by the State party toward the total abolition of the sponsorship or kafala system and the improvement of migrant workers' rights and working conditions; however, power imbalances persisted. The Committee was concerned that the Ministry of Labour continued to require a letter of resignation signed and stamped by the employer. Migrant workers were often exposed to reprisals from their employer, including the cancelling of their permit, which made their work illegal. Some employers also imposed exit certificates on migrants for them to be able to leave the country. What measures had the State party taken to achieve the total abolition of the kafala system in law and practice and to address these concerns?
The delegation said the Public Health Ministry carried out examinations for all migrant workers to enable them to receive the residency permit. Tests were required to be carried out for a variety of communicable diseases, including HIV/AIDS. This was a test which everyone in the country was required to take, including Qataris and non-Qataris. Students had to undergo this testing as well. There was no discrimination. This was a Ministry of Health procedure to combat transmissible diseases. In accordance with the Ministry of Health policy, migrants who tested positive for HIV had access to free health care.
The delegation said the abolition of the kafala system had gone through several stages. Amendments were introduced in 2015, and in 2020 under the Labour Code, employees were enabled to move from one employer to another without a certificate. The exit permits had been cancelled and workers could leave the country whenever they wished. The employers who could impose exit permits were very limited and this only applied to a specific group of migrant workers, whose work was sensitive. Employers should provide documented evidence if a worker escaped work without notice.
Introducing the report, Turki Abdulla Al-Mahmoud, Director of the Human Rights Department, Ministry of Foreign Affairs of Qatar and head of the delegation, said Qatar was witnessing a remarkable phase in its history, moving forwards towards full, inclusive and accelerated development, resulting in unprecedented rates of growth and economic recovery. Expatriates and migrant workers played a pivotal role in this development. The State of Qatar greatly appreciated the contributions of migrant workers and considered them as genuine partners in its development process. Qatar had recently undertaken substantive legislative reforms, including on the regulatory framework governing expatriate workers' rights, the promulgation of property ownership laws for non-Qataris, the political asylum law, the domestic workers law, the permanent residency law, the regulation of entry, exit and residence of expatriates, and the workers' support and insurance fund.
In concluding remarks, Mr. Guisse thanked the delegation of Qatar for the fruitful and vibrant dialogue, and the goodwill to respond to many of the questions. Qatar was a flagship country globally in economic and technical matters, but challenges remained, due to the size of the county and the fact that 90 per cent of the country were foreigners. Qatar was encouraged to continue to tackle these challenges.
Mr. Al-Mahmoud expressed Qatar’s full appreciation to the Committee Experts for their questions, comments and observations. The dialogue was an opportunity for bridges to be built. The final concluding observations would be used to improve Qatar’s policies and programmes in the realm of human rights.
The delegation of Qatar consisted of representatives of the Ministry of Foreign Affairs; the Ministry of Interior; the Ministry of Public Health; the Ministry of Education and Higher Education; the Ministry of Social Development and Family; the Ministry of Justice; the Supreme Judiciary Council; the Public Prosecution; the Third International Conferences and Agreements; and the Permanent Mission of Qatar to the United Nations Office at Geneva.
Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s one hundred and twelfth session and other documents related to the session can be found here.
The Committee will next meet in public this afternoon, Thursday, 18 April, at 3 p.m. to consider the combined twelfth to fourteenth periodic report of Moldova (CERD/C/MDA/12-14).
Report
The Committee has before it the combined twenty-second and twenty-third periodic report of Qatar (CERD/C/QAT/ 22-23).
Presentation of Report
TURKI ABDULLA AL-MAHMOUD, Director of the Human Rights Department, Ministry of Foreign Affairs of Qatar and head of the delegation, said Qatar had dedicated increased attention to human rights. Qatar's National Vision 2030, the first National Development Strategy 2011-2016, and the Second National Development Strategy 2018-2022 constituted a supportive and well-established environment for the implementation of human rights, as per the approach advocated by international treaties and conventions. Qatar was witnessing a remarkable phase in its history, moving forwards towards full, inclusive and accelerated development, resulting in unprecedented rates of growth and economic recovery. Expatriates and migrant workers played a pivotal role in this development. The State of Qatar greatly appreciated the contributions of migrant workers and considered them as genuine partners in its development process.
In the period between 2018 and the submission of the report in 2021, Qatar had witnessed extensive legislative and institutional developments regarding human rights. Qatar had acceded to the two International Covenants on human rights, thus becoming a party to seven of the nine core human rights treaties. Qatar had also recently undertaken substantive legislative reforms, including on the regulatory framework governing expatriate workers' rights, the promulgation of property ownership laws for non-Qataris, the political asylum law, the domestic workers law, the permanent residency law, the regulation of entry, exit and residence of expatriates, and the workers' support and insurance fund.
In 2017, the Council of Ministers approved the establishment of the National Committee to prepare the National Action Plan for Human Rights, which was being developed. The National Committee for Combatting Human Trafficking was established in 2017 and was entrusted with the preparation of the National Plan to Combat Human Trafficking. The Qatari leadership was also committed to supporting women's contribution in all areas, particularly in the legislative bodies and in motivating them to move forward towards the promotion of their full political participation. Qatar looked forward to a substantive, constructive and meaningful dialogue with the Committee on all issues relating to racial discrimination.
Statement by the National Human Rights Institution
National Human Rights Institution of Qatar said a written submission on Qatar’s progress on implementing the Convention had been submitted. The submission contained recommendations which would hopefully be taken into account. Qatar had made remarkable progress in developing legislation on non-discrimination, particularly in areas of employment and workers’ rights. The most prominent of these achievements was the cancellation of the exit permit. Qatar had also made positive steps in women’s political representation in the country. One recommendation was to provide more space to civil society. One recent positive development was the approval of a draft law on persons with disabilities in March, enabling them to exercise all rights and fundamental freedoms. The development of a human rights strategy was a key recommendation for Qatar.
Questions by Committee Experts
IBRAHIMA GUISSE, Committee Expert and Country Rapporteur, welcomed the high-level composition of the delegation, which attested to the importance that Qatar attached to the Committee. Since the last dialogue, there had been positive developments, such as legislative reforms to abolish the kafala system, but there were still challenges in this area. Had all the provisions of the Convention been incorporated into domestic law? Was it directly applicable by national courts? Could examples be provided in which the provisions of the Convention had been invoked before or directly applied by national courts? What measures had the State party taken to provide specific training on the Convention to law enforcement officials, members of the judiciary and other public officials? How were conflicts between national legislation, including Sharia law, and the provisions of the Convention resolved?
What steps had the State party taken to adopt comprehensive anti-discrimination legislation that clearly defined racial discrimination, including direct, indirect, multiple and structural forms of racial discrimination, in accordance with the Convention? What measures had the State party taken to criminalise acts of racial discrimination and prohibit conduct within the meaning of article 4 of the Convention, as recommended by the Committee in its previous concluding observations, and to include racial motivation as an aggravating factor for offences under the Criminal Code? What measures had been adopted to prevent and combat racist hate speech, including in the media, on the internet and on social media platforms? How was the reporting of this facilitated?
Discrimination in the Qatari nationality law appeared between women and men with regard to the granting of citizenship. What measures had been taken to amend the Nationality Act no. 38 of 2005 to allow Qatari women married to non-citizens to transmit their nationality to their foreign spouses and children from birth without discrimination, in particular for children who would otherwise be stateless?
What measures had the State party taken to address the concerns raised by the Global Alliance of National Human Rights Institutions in October 2021 and to ensure the independence of the National Human Rights Committee? What had the State done to strengthen the mandate of the National Human Rights Commission in preventing and combatting racial discrimination and xenophobia?
The Committee welcomed the information provided by the head of the delegation in his opening remarks that the Council of Ministers had established a National Committee in 2017 to develop the National Action Plan for Human Rights. Could more information be provided on the approximate date of adoption of this National Plan, as well as on the measures to ensure the participation of civil society organizations in this process, including those working to promote the rights of migrant workers and to combat racial discrimination? What steps had been taken for the adoption of a national plan of action to combat racism, racial discrimination, xenophobia and related intolerance, as well as for the establishment of an independent body to prevent and combat racism, xenophobia and other forms of discrimination? Could information on the activities organised by the State party within the framework of the International Decade for People of African Descent be provided?
GUN KUT, Committee Expert and Follow-Up Rapporteur, commended Qatar for the timeliness of the submission of the follow-up report. Some of the information was insufficient to allow the Committee to assess whether its recommendations had been implemented. The budget of the Human Rights Commission had been reduced. Could more information on what had happened since then be provided?
A Committee Expert thanked the State party for efforts made to draft the report, and the progress achieved since the last dialogue. Could information from the last census be provided? Was there disaggregated data about certain components of the Qatari population, notably persons of African descent? Could there be more information provided about access to justice for non-Qataris and the enforcement of a fair justice system for minorities?
Responses by the Delegation
The delegation said laws in Qatar were aligned with the Convention. According to the Constitution, Sharia was the source of all laws in Qatar. Qatar did not believe the Convention contradicted Sharia law, which was why the Convention had been ratified without any reservations. The Convention was aligned with any laws which combatted racial discrimination. The Government encouraged the activities of the National Human Rights Commission. In 2019, there was a slight increase in the Commission’s budget, but this was decreased in 2020 and 2021 due to the impact of the COVID-19 pandemic.
A training course was provided to all diplomats on the Convention. Qatar did not use the term “persons of African descent”. There were descendants from the time of slavery who were now fully integrated into society. There was no distinction between persons with this heritage and other Qataris. Once treaties had force of law, they were published in the official gazette. There was no need to invoke the specific articles of a Convention in a court case. There were no obstacles to the implementation of this Convention, with the exception of texts on criminalisation. There needed to be a law to identify the penalties handed down by judges when the Convention was referred to.
Racial discrimination was considered an aggravating factor and was set out in the Criminal Code. The Constitution explicitly set out equality for all. Lawmakers had prohibited incitement to racial hatred and racial discrimination. All those who produced any materials which insulted religions would face penalties. A law punished anybody who printed materials which incited racial hatred. The Doha Centre for Interfaith Dialogue had been established, with a view to facilitating dialogue between different religious groups.
The Qatari Nationality Act remained as before, and did not grant nationality to Qatari women married to non-Qataris. Decree law 21 of 2020 on private companies and associations granted associations more flexibility by streamlining their registration process. This allowed these associations and societies to work in different areas, with a view to recognising good governance and supervision. A number of steps had been taken to facilitate the functioning of civil society in Qatar.
Questions by Committee Experts
IBRAHIMA GUISSE, Committee Expert and Country Rapporteur, asked about the possible conflict between Sharia and the Convention? Could more details on the training of officials be provided?
A Committee Expert asked for clarifications on the issues of reservations on the Convention on the Elimination of Discrimination against Women?
An Expert asked about the status of the law which prohibited incitement to racial hatred?
Another Expert asked about electronic hearings; was this form of proceedings applicable to all offences, or only for specific, high-profile cases? How did these proceedings take place?
A Committee Expert asked how Qatar intended to rectify the contradiction between the Constitution and the Qatari nationality law, as it pertained to statelessness?
Responses by the Delegation
Ninety per cent of residents in the State of Qatar were non-Qataris, and 10 per cent were Qatari nationals. The issue of training was a priority when it came to the dissemination of human rights among security forces. Nationals and non-nationals were equal before the law. Qatar had participated in the first conference on food justice and security, organised by the National Human Rights Committee in February 2024. The public prosecution received all kinds of complaints, either in written form or in person, and these complaints were taken seriously.
There were many punitive legislations which prohibited acts such as racial discrimination. People were equal in rights and duties according to the Constitution. The Constitution prohibited discrimination on the base of race and other religions. This should be in line with the provisions of the law. The Judicial Authority Act was adopted in 2023 and stated that it was admissible to hold trials and hearings with witnesses and victims in an electronic manner or remotely, without prejudice to a fair trial. As a result of this Act, companies specialising in judicial e-portals were contracted by the State party. When a court viewed that there were challenges which would stand in the way to accessing the child, the defendant could ask to hold hearings remotely, to achieve effective justice. Granting nationality in Qatar was based on blood kinship, to avoid double nationality, which was prohibited by the law.
Questions by Committee Experts
CHINSUNG CHUNG, Committee Expert and Co-Rapporteur, asked why the National Human Rights Commission had not received complaints on racial discrimination? Could concrete examples of decisions in favour of victims of racial discrimination be provided? What measures had the State party taken to raise awareness among the population, including migrant workers, of the rights enshrined in the Convention and about the complaint mechanisms available? What actions had been taken to improve access to justice, effective remedies, and reparation for victims of racial discrimination, and to address racial discrimination in the judicial system and by the police?
In a report on its visit to Qatar in 2019, the Working Group on Arbitrary Detention had noted with concern that many non-Qatari detainees who did not speak Arabic had not been afforded adequate interpretation, either during their interrogation or during trial. Embassies were often not informed that their nationals were being detained. What measures had the State party adopted to ensure that interpretation was provided during all stages of judicial proceedings, including criminal proceedings, in a language understood by the defendant? What measures had the State party adopted to prevent racial discrimination and racial profiling against ethnic and religious minorities by law enforcement officials through the use of digital technologies, artificial intelligence and cybersecurity measures?
The Committee had heard allegations of racial discrimination and racial profiling against migrant persons, based on their sexual orientation or gender identity. Allegations involved invasive body searches of non-nationals, mandatory HIV/AIDS screening, and unnecessary gynaecological examinations. What measures had the State party taken to prevent, combat and explicitly prohibit racial profiling by law enforcement and other public officials? Could the delegation provide information on the use of mandatory testing for HIV/AIDS?
What measures had the State party taken to include education on the Convention in school curricula, textbooks and in training programmes for teachers? What initiatives had been undertaken to address the history of enslavement in Qatar and its consequences, including in school curricula and textbooks? How was the State promoting knowledge and awareness of the cultural heritage and history of groups belonging to minorities, including non-nationals, and their contribution to Qatari society and culture?
Many reports available to the Committee highlighted that racial and ethnic stereotyping prevailed in Qatar, especially against persons of South Asian and sub-Saharan African origin. On the other hand, persons from Western and Arab nationalities were reportedly presumed as superior and had full access to public places, higher-income jobs and residential neighbourhoods. What measures were taken to prevent and combat stereotypes, racial prejudice and xenophobia, particularly against non-nationals and migrant workers, notably South Asians and sub-Saharan Africans, including in the media and on social networks?
A Committee Expert asked about a situation where translation was not available during a trial; what would have happened if this trial was heard through the e-portal? Using e-portal could be a great thing, but a machine could not be left to do everything.
A Committee Expert commended that Qatar’s delegation was made up of a majority of young women. Which agency in Qatar investigated complaints of racial discrimination resulting from the use of artificial intelligence?
Another Expert asked if there was more information on the number of complaints against police officers who were accused of racial profiling? Was there an internal oversight system to monitor the use of artificial intelligence?
Responses by the Delegation
The delegation said there was no such lack of access for persons on grounds of their skin colour or ethnicity to public spaces in Qatar. There were mixed gender spaces and a category dedicated for families. For the spaces for families, no individuals, regardless of their race, were allowed inside, as these spaces were only for those with children. Mechanisms were in place to restore the rights of any individuals whose rights had been violated, whether they were citizens or non-citizens.
E-courts or e-justice were not mandatory, but were optional. Interpreters were not imposed on defendants, but they had the choice to use the court’s interpreters or to use their own. Qatari prisons saw no discrimination between citizens and non-citizens. All inmates could receive visits from representatives of their consulates. All departments, including human rights departments, were concerned when it came to receiving complaints on racial discrimination.
Regarding obligatory medical examinations, the Public Health Ministry carried out examinations for all migrant workers to enable them to receive the residency permit. Tests were required to be carried out for a variety of communicable diseases, including HIV/AIDS.
Human rights issues were mainstreamed in educational curricula, premised on the need to promote coexistence and dialogue. The Ministry of Education in Qatar promoted awareness of human rights principles in education. Teachers were trained in advanced curricula on human rights. Qatar had been keen on providing educational post-graduate programmes in the area of human rights.
A national strategy in Qatar focused on artificial intelligence, education, research and ethics. Human rights in connection with artificial intelligence were among issues which were continually raised. A symposium had been held on human rights and artificial intelligence, which was an eye opener for all public authorities. It highlighted the need to align applications with human rights principles.
Questions by Committee Experts
CHINSUNG CHUNG, Committee Expert and Co-Rapporteur, asked whether human rights education programmes included negative stereotypes on people of African and Asian descent?
A Committee Expert said the medical tests conducted on migrant workers did not respect the principles of informed consent. These mandatory tests reinforced stereotypes. The Committee wanted to understand more about how the State felt about these procedures.
Another Expert welcomed the news that Qatar had a memorial which memorialised trafficking and enslaved Africans. Qatar should be applauded for this action, which was putting into action the recommendations of the first Decade of People of African Descent. This was in keeping with the programme of activities. Artificial intelligence had good points and bad points. There were potential racial biases. The Committee looked forward to the outcome of the work of the Artificial Intelligence Committee.
An Expert said a directive from UNAIDS forbade mandatory HIV testing. Qatar was one of the few countries which required an HIV test to enter the country. Once migrants had entered the territory, they continued to have to undergo HIV testing to gain employment. Consent was required at the outset for such testing. Only 10 per cent of the population in the country were Qatari nationals. Did this mean there were no Qataris with HIV? If you had to be HIV-negative to enter the country, why was further HIV testing required within the country? What was the national strategy for preventing the spread of HIV and providing care to those who had been diagnosed?
Another Expert asked if the National Human Rights Committee had received any complaints regarding racial discrimination through the use of artificial intelligence?
A Committee Expert asked if there were internal and external mechanisms to regulate the use of artificial intelligence? Were non-nationals incorporated into virtual hearings? Could they benefit from legal aid when proceedings were carried out online? Was there a legal provision to prevent and punish racism in sport?
Responses by the Delegation
Regarding the compulsory medical testing which migrant workers needed to undergo, the delegation said this was a test which everyone in the country was required to take, including Qataris and non-Qataris. Students had to undergo this testing as well. There was no discrimination. This was a Ministry of Health procedure to combat transmissible diseases. The Qatari Olympic Committee dealt with all sports and worked with a number of institutions to provide human rights education. Several training courses had been conducted involving youth in sport and the Olympic Committee. Guidelines had been established for those working in stadiums to ensure there were no discriminatory utterances. They were trained on dealing with fans and spectators of these sporting events. Law enforcement officers were aware of human rights and crowd management techniques.
Traditional court proceedings were used more often than not where plaintiffs appeared in person before a judge. However, when necessary, virtual hearings were used to ensure justice for all. If a litigant chose a virtual hearing, there were no costs involved for the litigant. Visits were carried out to places of deprivation of liberty to ensure that no human rights were being violated. Regarding the case of Australians at the airport, law enforcement officers involved were taken to court, and there was a direct apology made to the Prime Minster of Australia. Comprehensive training was provided to all law enforcement staff, including those working in airports.
Questions by Committee Experts
IBRAHIMA GUISSE, Committee Expert and Country Rapporteur, asked what measures the State party had taken to address the structural, multiple and intersecting forms of discrimination affecting non-nationals in the public and private spheres, in particular persons of South Asian and of sub-Saharan origin? The Committee welcomed the positive reforms adopted by the State party toward the total abolition of the sponsorship system (kafala) and the improvement of migrant workers' rights and working conditions; however, power imbalances persisted.
The Committee was concerned that the Ministry of Labour continued to require a letter of resignation signed and stamped by the employer; and migrant workers were often exposed to reprisals from their employer, including the cancelling of their permit, which made their work illegal. Some employers also imposed exit certificates on migrants for them to be able to leave the country. What measures had the State party taken to achieve the total abolition of the kafala system in law and in practice and to address these concerns?
The Committee also welcomed the measures adopted by Qatar to strengthen the protection of migrant workers' rights. However, it was concerning that migrant workers, especially low-wage workers in construction, services, private security and domestic work, often faced non-payment or late payment of their wages. Could the delegation comment on this? What measures had the State party adopted to strengthen the protection of migrant workers against abuse and exploitation? What measures had been taken to prevent and combat abusive labour practices against domestic migrant workers, to facilitate access to effective complaints procedures, and to strengthen labour inspection mechanisms? How were migrant workers being protected from physical and sexual violence?
The Committee had received reports of deaths among migrant workers on construction sites in Qatar, including workers involved in the preparation of infrastructure for the 2022 Fédération internationale de football association (FIFA) World Cup who built stadiums, hotels, metros, airports and other infrastructure. What measures had the State party taken to prevent and investigate work-related deaths and injuries of migrant workers in the construction sector, including infrastructure related to the 2022 FIFA World Cup? Could the delegation elaborate on the number of deceased migrant workers who were involved in the construction of this infrastructure, the investigations carried out, and the reparations granted to the families?
According to reports, many employers housed unskilled foreign workers in cramped, dirty and dangerous conditions, often without running water, electricity or adequate food. Migrant workers were also exposed to racially and ethnically discriminatory treatment in the provision of health care. What measures had the State party adopted to ensure that foreigners, including migrant workers, irregular migrants, refugees, asylum seekers and stateless persons, had effective access to education, health care and adequate housing? What measures had the State party taken to facilitate the right of migrant workers to family reunification?
A Committee Expert noted the strategies Qatar had taken, including anti-discrimination measures. How was the State assessing the impact of these measures? Had the State found the general recommendations of the Committee useful, particularly recommendations 33, 34, 35 and 36?
Another Expert said authorities should start with good legal standards, such as ratifying International Labour Organization Convention 189 on Domestic Workers.
A Committee Expert asked about the curricula in the wakf or charity schools. Who attended these schools? Was schooling provided in students’ mother tongues? What happened at the end of the schooling, particularly to non-Qatari children?
An Expert said everyone in Qatar was being tested for HIV; what was the reason for this testing? What happened if a person tested positive?
Another Expert asked about the FIFA World Cup in Qatar. Everyone knew the World Cup was an unprecedented sports event in terms of its organization. What were the lessons learned through Qatar’s hosting of the World Cup, in terms of human rights, combatting hate speech, and the treatment of migrant workers? What was the role undertaken by the national human rights committee to monitor and protect the rights of migrant workers before or during the World Cup?
A Committee Expert said Qatar was a small country which wielded a tremendous power in the region and the world at large. The Expert thanked Qatar for their contribution.
Response by the Delegation
The delegation said the World Cup had had a positive impact in Qatar. It had added value to the cultural diversity in the State, giving useful experience to Qataris and non-Qataris. The HIV medical tests were mandatory for everyone living in Qatar and helped track the diseases of each person living in the country. The mandate of the National Statistics Agency was to develop data. The Agency did not have ethnic data available. Qatar was a pioneering country in developing political asylum legislation to help protect refugees and their families seeking political asylum. All communications received by the State of Qatar were dealt with seriously.
Qatar had made significant progress in the labour sphere and had endeavoured to develop legislation and work practices to promote conducive working environments. This legislation did not include any discrimination among different workers. Reforms were made at the highest level and included the legislative framework of the State. An agreement with the International Labour Office was renewed from 2024 to 2028, which would ensure the implementation of the reforms and keep abreast of their future developments.
The abolition of the kafala system had gone through several stages. Amendments were introduced in 2015, and in 2020, under the Labour Code, employees were enabled to move from one employer to another without a certificate. The exit permits had been cancelled and workers could leave the country whenever they wished. The employers who could impose exit permits were very limited and these only applied to a specific group of migrant workers, whose work was sensitive. Employers should provide documented evidence if a worker escaped work without notice. The law did not require workers to provide a certificate to change jobs. Pamphlets were provided in 12 languages to ensure migrant workers understood their legal obligations.
Employers were required to pay wages and were fined if they did not do so. Wages were protected through the remedies and redress mechanisms. Workers could file a complaint against their employer, which could then be referred to a dispute committee. A decision should be reached within three weeks at the latest. Employers were then required to pay dues to the employee as well as delayed wages. These measures had contributed to reducing violations in terms of non-payment of wages. Qatar had taken measures to improve the complaints mechanism for workers, and attempted to solve most issues within one week. Complaints could be made without exposing the identity of the applicant. Interpretation was provided pro-bono. The confiscation of passports was no longer a common violation, which was attributed to public campaigns. Last year, the Public Prosecution had received 245 reports of withholding of passports, with 208 referred to the judiciary.
Qatar tried to provide free education. The number of Qatari students in public schools had reached 48.4 per cent. Qatar provided land and buildings to encourage the opening of public schools, and exempted them from dues. Teachers’ salaries in public schools were covered by the Labour Code. There were set salaries within the code.
Questions by Committee Experts
IBRAHIMA GUISSE, Committee Expert and Country Rapporteur, said efforts had been made to put a stop to the sponsorship system of kafala. There was also discrimination in housing when it came to migrant workers.
Another Expert asked about the fate of migrant workers who had tested positive for HIV? Were they deported? Did they have access to health treatment?
A Committee Expert said Qatar was a jewel in the crown of Arab countries when it came to human rights. Qatar opened their doors to those in exile, including to the former President of Mauritania. Qatar enjoyed trust which allowed the State to provide answers on the question of Palestine. With regard to a case concerning a particular individual, Qatar should provide case files to the Committee so they could provide their advice.
Response by the Delegation
Regarding the specific case referred to by an Expert, the delegation said the courts had considered this case and a decision had been handed down. The man’s Embassy was aware of his case. Qatar could not interfere in the work of the justice system. All nationals and migrant workers had access to health care.
In accordance with the Ministry of Health policy, migrants who tested positive for HIV had access to free health care. Qatar had developed a model employment contract for domestic workers, which had been disseminated to recruitment agencies abroad. Job contracts could be signed online, and a copy was provided to the employee. Thanks to labour reforms, over 10,000 domestic workers in private homes had changed employers. The Criminal Code set out stiff penalties for abuse against migrants and migrant domestic workers. A rehabilitation centre had been opened last year to enable female domestic workers to obtain required information through this centre. An e-portal called “help me” was also available to this end. Qatar had created a specialised court for combatting trafficking. Reception centres had been established for potential victims. A national policy had been adopted on national safety and health.
Several thousand housing units for migrant workers had been inspected, with many tens of thousands of violations found. Everyone had a right to choose adequate housing units. Qatar respected the right of migrant workers to family life and worked on strengthening the social fabric of social workers by reuniting them with their families. Fatalities pertaining to the construction of the FIFA World Cup infrastructure were recorded at the time they took place, and all local and international stakeholders were informed.
Questions by Committee Experts
CHINSUNG CHUNG, Committee Expert and Co-Rapporteur, said in August 2022, at least 60 migrant workers were detained and deported after participating in a protest against their employing company, which allegedly had not paid them for several months. What measures had the State party adopted to guarantee the exercise of the right to freedom of association and assembly for non-nationals, including migrants and domestic workers?
Almost 90 per cent of the population in Qatar was composed of non-nationals and many of them were not Muslims. According to information available, non-nationals belonging to religious minorities, in particular Baha’is, Christians and Hindus, faced intersecting discrimination on grounds of nationality and religion. What measures had been adopted to guarantee the right to freedom of religion or belief to everyone, including non-nationals, and to eliminate the barriers they faced in employment? What measures had been adopted to remove discriminatory registration procedures and to ensure that civil society organizations were able to operate freely, independently and safely? What had been done to ensure an open space for human rights defenders, journalists and civil society organizations, including those working on combatting racial discrimination and on the rights of migrants?
In accordance with Qatar’s Nationality Act of 2005, citizenship through naturalisation was not to be granted to more than 50 foreigners each year. The restrictive legal requirements made it difficult for low-income migrant workers to obtain citizenship or a permanent residence permit. Could statistics be provided on naturalisation, and on information on any initiatives to revise the legal framework that regulated the acquisition of Qatari nationality and permanent residency? What measures had been adopted to ensure that naturalised citizens enjoyed all human rights without discrimination and on an equal basis with citizens born in the State party?
Could the delegation provide information on the total number of stateless persons in the State party, including the Biddon and members of the Al-Ghufran clan?
What measures had the State party adopted to prevent and reduce statelessness? How was the State party preventing arbitrary deprivation of nationality and ensuring redress for all persons who had been deprived of their nationality?
A Committee Expert said the abolition of slavery came into effect in 1952 in Qatar. What had happened to this population? Was there an intent to help descendants of this population group have access to high-level public administration positions?
Responses by the Delegation
The delegation said followers of all religions could practise their religion in Qatar; there were over 69 registered places of worship in the country, covering different faiths. People needed to be able to practice their religion in full security. Following 11 September, it had been necessary to ensure the security of all places of worship. No one had been expelled from the country on grounds of religion. Sometimes, breaches of migration laws led to deportation. Qatar did not use the expression “persons of African descent”. There were people with different skin colours in high-ranking posts. There was no discrimination on the grounds of skin colour towards the people the Committee labelled as “persons of African descent”.
The freedom to protest was regulated by the law of 2004 on public movements and assemblies, which required that such processions and assemblies must be peaceful and should not run counter to public order, public morals and religious principles. No arms were allowed, even if licensed. A basic database had been established for stateless persons. Over the past years, the cases of statelessness had been reduced, either through naturalisation or regulation. Nationality had been revoked from a number of persons for several reasons, either for having dual citizenship, or for obtaining Qatari nationality by fraud.
A legal aid department had been established to assist defendants, irrespective of their nationality or identity. If a defendant found difficulties in their legal proceedings, the defendant could submit a request to the legal aid department, and choose their own representation at the expense of the State. The law on media publications and printing material had not yet been adopted. Qatar highly valued the useful role of the Committee in advancing human rights. These were useful in advancing the legislative structure and addressing certain challenges in administrative and legal provisions.
Questions by Committee Experts
CHINSUNG CHUNG, Committee Expert and Co-Rapporteur, said the Committee had received many reports regarding the deportation and repression of religious groups. A report showed that migrant workers became undocumented due to various factors, including children born to undocumented or migrant parents whose visa status prevented them from conferring on their family members legal status in the country. Could more information on this be provided? What measures had the State party taken to improve its system for collecting data on trafficking cases, to evaluate the scope of the phenomenon and assist the efficiency of measures to combat human traffickers, as well as ensuring perpetrators were brought to justice?
A Committee Expert said Qatar was very zealous when it came to its nationality. Should it not be the judiciary that decided on appeals for these kinds of cases? For the 90 per cent of the population who were non-Qataris, how long did they stay in the country? Was this population transient?
Another Expert said female domestic workers were vulnerable and exposed to domestic violence. If they gave birth, their children did not have access to Qatari citizenship. What was being done to protect these workers?
A Committee Expert raised the case of two lawyers who had been sentenced to life for their actions. Was there a possibility of appeal for them, and for their cases to be reconsidered? Could a judicial review be requested, if all legal tools were not utilised?
Responses by the Delegation
Regarding the case of the two lawyers, the delegation said there was an initial sentence, and the cases were now in the stage of appeal. The Emir could provide a pardon. There was a possibility of amnesty. Human trafficking issues were under the scope of the State of Qatar. The Qatari law was in line with international law as it pertained to the crime of human trafficking. There was a national committee responsible for combatting human trafficking at all levels. Numerous posters were released in the airports, and flight attendants in Qatar Airways were trained to identify possible trafficking victims. The law permitted up to 20 Qatari people to establish an association, but provided exceptions for non-Qataris to also establish associations. A legal framework was in place to combat trafficking, and inspections were also conducted by the relevant authorities to detect such cases. When a domestic worker was subjected to abuse, she was dealt with as a victim.
Concluding Remarks
IBRAHIMA GUISSE, Committee Expert and Country Rapporteur, thanked the delegation of Qatar for the fruitful and vibrant dialogue, and the goodwill to respond to many of the questions. Qatar was a flagship country globally in economic and technical matters, but challenges remained, due to the size of the county and the fact that 90 per cent of the country was made up of foreigners. Qatar was encouraged to continue to tackle these challenges.
TURKI ABDULLA AL-MAHMOUD, Director of the Human Rights Department, Ministry of Foreign Affairs of Qatar and head of the delegation, expressed Qatar’s full appreciation to the Committee Experts for their questions, comments and observations. The dialogue was an opportunity for bridges to be built. The final concluding observations would be used to improve Qatar’s policies and programmes in the realm of human rights.
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