Labour Inspection Convention, 1947 (No. 81) - Qatar (Ratification: 1976)

Individual Case (CAS) - Discussion: 2014, Publication: 103rd ILC session (2014)



A Government representative indicated that his country had made progress with regard to the application of the Convention. The protection of the rights and living conditions of both national and migrant workers was an important part of the Government’s policies, particularly reflected in the recruitment programmes for migrant workers. He indicated that Qatar wished to continue its collaboration with the ILO in the areas of international labour standards and decent work, and recalled that the General Secretary of Amnesty International had recently commended the Government on the country’s receptiveness to work with human rights organizations and those engaged in the protection of migrant workers. In addition to government bodies, a number of national entities were monitoring the rights of migrant workers, for example, the National Human Rights Committee. Qatar’s economy had attracted an increasing numbers of migrant workers in numerous sectors. In 2014, the number of those workers living in Qatar had reached 1.7 million, that is, 85 per cent of the total population, which constituted a challenge for labour inspection. Qatar had therefore requested ILO technical assistance for the training of labour inspectors, both at the national level and at the Turin Centre. Furthermore, interpreters had been appointed to enable migrant workers to explain their needs to labour inspectors. The regular communication of annual labour inspection reports showed the developments that had been made in law and practice. Furthermore, the upgrading of the previous labour inspection body into a labour inspection department at the Ministry of Labour and Social Affairs, as noted by the Committee of Experts in its 2011 observation, had greatly enhanced the role of labour inspection. The geographical structure of labour inspection had been expanded, as shown in an organizational chart annexed to the Government’s last report to the Committee of Experts under article 22 of the ILO Constitution, and the number of its labour inspectors had been increased to 198. Such inspectors were granted several financial incentives in order to attract candidates to the post of labour inspectors and to respond to the growing need for human resources. Modern and mobile computer equipment had been provided to inspectors to enable them to enter data and immediately send inspection reports to the territorial directorates, which saved time and efforts and facilitated their work. Moreover, efforts were currently being made to connect the special national mapping system to a GPS system to facilitate access to undertakings liable to inspection. Such measures had led to an increase in the number of inspection visits from 46,624 in 2012 to 50,538 in 2013, that is, an increase of 8.4 per cent.

In relation to the request of the Committee of Experts concerning women inspectors, the Government representative referred to the national legal framework prohibiting discrimination between men and women in employment, and providing for equality of all citizens before the law. Among other laws, he referred to Act No. 8 of 2009 governing public servants, which did not provide for any distinction with regard to wages or other conditions of service between men and women. The Regulations governing labour inspection provided for the same opportunities for the promotion and training of labour inspectors, without any distinction concerning their gender. Labour inspection posts were open to women without any restriction. Among the 198 labour inspectors at the Department of Labour, 16 were women, representing 8.1 per cent. Inspection visits were carried out in accordance with international standards, and included both regular and surprise inspection visits, as well as necessary measures to detect and enforce non-compliance with the law. Furthermore, labour inspections had become more efficient as a result of enhanced training at the Ministry of Labour and Social Affairs and the exchange of experiences with other countries, including the provision of occupational safety and health (OSH) training courses by the ILO Regional Office for Arab States in Beirut, and the provision of training courses by the ILO Turin Centre. It was worth mentioning that the Committee of Experts had previously noted with satisfaction the progress made by Qatar concerning the subjects covered by the annual labour inspection reports. The Labour Inspection Department had carried out 10,500 labour inspection visits in the first quarter of 2014, 7,015 of which related to general conditions of work, covering 6,523 undertakings. In relation to OSH inspection, 3,485 visits had been carried out covering 920 undertakings. The results of these inspection visits were as follows: in 79.9 per cent of cases no violations were detected; in 1.2 per cent of the cases non-compliance reports were issued, in 3 per cent of cases, prohibition notices were issued and in 15.9 per cent of cases, warning notices were issued, aimed at remedying violations. Laws and regulations were continuously reviewed to provide for the protection of workers, while taking the characteristics of Qatar’s society, and its cultural, economic and religious background into account. Regulations were currently being developed to address the specific risks for workers in the construction sector. Amendments to the Labour Code, aimed at increasing penalties for non-compliance with OSH requirements were also currently being drafted. Both the Labour Code and Ministerial Decisions contained many OSH requirements, as well as compensation for occupational accidents and fatal accidents, and corresponding penalties for non-compliance. Ministerial Decision No. 16 of 2011 provided for the establishment of a National OSH Committee, composed by representatives of different governmental bodies and chaired by representatives of the Ministry of Labour and Social Affairs. This Committee was responsible for the following tasks: (1) propose a national OSH policy and programme; (2) examine the causes for occupational accidents, and propose prevention means to avoid their occurrence; (3) propose and review regulations and rules on occupational safety and health; (4) propose mechanisms for the implementation of OSH laws and regulations; (5) provide OSH advisory services; (6) review and provide for the development of the conditions for industrial accidents and diseases insurance, and compensation in accordance with the Labour Code; (7) review the occupational diseases schedule annexed to the aforementioned Labour Code, and propose its development in coordination with relevant bodies; (8) undertake studies and research in the area of OSH; and (9) examine and study international Conventions and Recommendations on OSH, as well as provide its views and recommendations thereon. Hospitals and medical centres had been set up in all regions, and new ones were envisaged to meet the needs of migrant workers. The Labour Code required an employer to provide a health card at his or her expense to a migrant worker, in accordance with the regulations in force. The Ministry of Labour and Social Affairs, in collaboration with the Central Bank of Qatar, was in the process of preparing a wage protection system, which would soon be finalized and would oblige all employers to transfer wages to bank accounts of workers. This system would enable labour inspectors to electronically monitor and follow up on the payment of salaries and quickly detect delays in the payment of wages. The Government concluded by indicating that it would submit a detailed report in reply to the observation of the Committee of Experts in the course of this year, and that it was determined to continue to work with the ILO to ensure workers safety and health.

The Worker members recalled that during the past year, the eyes of the world had been on the situation of some 1.5 million migrant workers in Qatar. The United Nations organizations, especially the ILO, human rights organizations, the media and researchers had all made the same observation: migrant workers, who represented 80 per cent of the total population of the country, were experiencing difficult conditions, exploited by their employers and caught up in a sponsorship system which, in practice, did not allow them to change their job or to leave it without the authorization of those infringing their rights. This system continued to exist partly because there was no effective labour inspection service or labour justice framework effectively protecting these workers. The international trade union movement had, on many occasions, called upon the Government to act on these specific cases of exploitation, through the Labour Inspectorate. However, it had never taken action but merely made promises. The Government should immediately adopt specific measures to protect the safety and health of migrant workers in construction and domestic workers, who were often subjected to brutality and rape on the part of their employers. Article 10 of the Convention stipulated that the number of labour inspectors should be sufficient to secure the effective discharge of the duties of the inspectorate. Yet in Qatar there were 150 labour inspectors to cover a foreign labour force estimated to be in the region of 1.5 million workers. This was totally inadequate. Moreover, questions could be raised as to the accuracy of the number of inspection visits reported by the Government. If the numbers it had given were correct, the labour inspectors had to carry out these inspections at a rapid pace, at the expense of quality. Complaints made by hundreds of workers questioned in the many labour camps focused on the confiscation of their passports, the non-payment of wages, the refusal to grant them identity papers and the squalor of their accommodation, all of which pointed to the shortcomings of a labour inspectorate that was described by the Government as being sound. All the accounts given by the workers in Qatar concurred that they had never seen a labour inspector inspect a work site. The training of labour inspectors was also an issue. The inspectors had not been adequately trained, especially from a linguistic point of view, and did not have the necessary resources to carry out their work successfully. Being unable to communicate with the vast majority of workers in the country, they were therefore incapable of conducting effective inspections. The Government presumed that workers brought problems to the attention of the competent authorities. The fact, however, was that the majority of workers did not submit complaints to the concerned authorities because they were afraid of reprisal, losing their job or being expelled from the country. A report published in June 2011 by the National Human Rights Commission of Qatar gave an account of this state of affairs.

Article 18 of the Convention provided for adequate penalties for violations of the legal provisions, the application of which was monitored by labour inspectors. Even if the work sites and work camps were inspected, the inspection services had limited powers to have their decisions applied or to monitor their application. Many violations of the labour legislation did not result in specific fines. Although penalties existed for forced labour and trafficking in persons, these were not correctly applied. All this information was stated in the conclusions of the tripartite committee set up to examine the representation against Qatar under article 24 of the ILO Constitution. Article 17 of the Convention stated that persons who violated or neglected to observe legal provisions enforceable by labour inspectors should be liable to legal proceedings. Nonetheless, there were serious obstacles preventing access to justice. Migrant workers found it difficult to have access to the Labour Court because they were obliged to pay a large sum, which they did not always have, (600 riyals) to lodge a complaint, and they often had to wait several months before a ruling was made. The tripartite committee had called upon the Government to guarantee access to justice without delay to the migrant workers, so that they might assert their rights effectively, including by means of strengthening the complaints mechanism and the labour inspection system. The Worker members requested the Government to take the measures required to establish an effective labour inspection system with a view to preventing or putting right any infringements of the labour legislation, which were prevalent and serious. The Government no doubt had the necessary resources, now needing the political will.

The Employer members stated that the first reason for the examination of this case by the Conference Committee was that the Government needed to provide better reports, as the Committee of Experts had observed that it was not providing the necessary information in the required form. The second reason, which was widely publicized in the media, regarded migrant workers engaged in building infrastructure for the 2022 Football World Cup. The Government had commissioned an investigative report, from an external corporate law firm, which contained ten pages on the subject of labour inspection. They were encouraged by the fact that few migrant workers had died on job sites, which meant that some labour inspection was occurring in a somewhat effective manner. They noted with interest, from the observations of the Committee of Experts, that the 150 labour inspectors (number which subsequently increased to 200) had performed close to 47,000 inspections in 2012, up from 2,240 inspections in 2004. The low number of inspectors in relation to the high number of inspections meant that each inspector performed a large number of inspections on an annual basis, leading them to wonder how thorough and effective the inspections were in reality. The external report mentioned that each labour inspector had a quota of two inspections a day, leading to a lack of thoroughness of reports, and that additional responsibilities, such as the inspection of workers’ housing, increased inspector workloads and further compromised effectiveness. It was specified that the Government planned to add 100 inspectors, which would hopefully result in better inspections. The external report made a number of suggestions, namely: hiring more labour inspectors; bolstering the powers of inspectors, who were currently only able to issue recommendations and did not have the power to issue sanctions; improving coordination with the justice system to prosecute violations; reducing the minimum number of inspections per inspector; and taking steps for inspectors to receive comprehensive training to better assume their role. They acknowledged that the Government was doing what it could and by hoping the situation would be effectively supervised.

The Employer member of Qatar stated that Qatari employers were firmly behind the need to ensure that OSH was guaranteed to all workers and that concrete measures were taken, in all sectors of the economy, to ensure that workers had good working conditions and that inspections were carried out. The country’s economic condition attracted large numbers of migrant workers and, considering development at the expense of human life was unacceptable, the creation of a solid labour inspection base was of paramount importance. In order to deal with the increased pressure resulting from the influx of workers, the number of inspectors had increased from 150 to 200 and legislation had been enacted, or was in the process of being enacted. The Government should make sure labour inspections proceeded in an effective manner, which would necessitate the implementation of numerous measures. It was pointed out that in the past years, Qatari employers had cooperated with the Government and had endeavoured to provide inputs in order to find solutions for the development of OSH and the improvement of worker awareness. With regard to statistics and data, the employers agreed with the Committee of Experts that the current system was not fully comprehensive, and therefore urged the Government to take every possible measure to comply with the requirements of the Convention. Qatari employers reiterated their willingness to cooperate with the Government in ensuring that labour inspection functioned properly.

The Government member of France noted that Qatar had ratified five of the eight fundamental ILO Conventions and one of four governance Conventions, and she encouraged the Government to continue its effort for ratification. She welcomed the progress that had been made in bringing the labour legislation into line with international standards implementing fundamental labour rights and principles. The migrant workers legislation must fully recognize workers’ freedom of association and of movement. However, the organization and functioning of the labour inspectorate did not, so far, make it possible for it to monitor the implementation of legislation effectively, or to identify and eradicate forced labour. The Government had chosen to support major important international human rights causes and was set to host the Thirteenth United Nations Congress on Crime Prevention and Criminal Justice in 2015. A quality, independent and efficient labour inspection system would be proof of the Government’s credibility.

The Worker member of Norway, speaking on behalf of the trade unions of the Nordic countries and of the Netherlands, recalled that the report of the tripartite committee of the Governing Body set up to examine the representation against Qatar under article 24 of the ILO Constitution had confirmed that migrant workers found themselves in situations prohibited by the Forced Labour Convention, 1930 (No. 29). Such situations were facilitated by contract substitution, inability to leave the employment relationship or country, non-payment of wages or threats of retaliation. Based on current trends, the International Trade Union Confederation (ITUC) had estimated that at least 4,000 workers would die by 2020, from accidents but also from heart attacks caused by heat, stress and poor living conditions. The available statistics indicated that the number of deaths in the workplace was three to four times higher than the European average. Despite some protections in the Labour Law, the violations demonstrated that this legislation was not properly enforced. Workers did not have access to effective mechanisms to remedy these violations. Migrants had difficulty accessing the available complaint mechanisms, partly because of lack of information, legal aid and interpreters, and partly because of fear of retaliation. Additionally, one such mechanism, the National Human Rights Committee, had limited means and powers. This body had downplayed the seriousness of the situation of migrant workers, undermining its independence and effectiveness. Additionally, statistics on workplace accidents were not published in Qatar and the existing statistics were very incomplete. The Government was therefore urged to take measures to ensure that workplaces were effectively inspected, that inspectors were properly trained and recruited, and to provide relevant statistical data regarding inspection visits, industrial accidents and cases of occupational diseases. The Government was also enjoined to ensure easy access to effective judiciary mechanisms for workers, as those currently available provided little, if any, remedy for migrant workers trapped in severe forms of exploitation.

The Government member of Morocco observed that the labour inspectorate had been reorganized and that efforts were being made to reinforce labour inspection in order to achieve conformity with the Convention. The experts had welcomed the progress made. There were some 200 labour inspectors, of whom 8.1 per cent were women, and who had been adequately trained for the proper performance of their duties, resulting in a considerable increase in the number of inspections conducted. In addition, the National Human Rights Commission of Qatar had observed progress in the observance of human rights. With an eye to the organization of the 2022 Football World Cup, the Government had adopted significant measures in areas such as OSH. There was no question that the authorities wished to reinforce labour inspection. In conclusion, everyone, including the ILO, needed to encourage the Government to continue improving conditions of work, including those of labour inspectors.

An observer representing the Building and Wood Workers’ International (BWI) indicated that the BWI had conducted two missions in Qatar, in October 2013 and March 2014, visiting construction sites and labour camps, interviewing workers in private and meetings with the ambassadors of different countries represented in Qatar, the Ministry of Labour and other entities. A large number of fatalities had been reported, causes of which included a gas explosion and heart failure presumably due to the life threatening effects of heat stroke, exhaustion, lack of proper nutrition, excessive working hours and miserable working conditions. Moreover, annually, over 1,000 construction workers were treated for falls, and 10 per cent of them were facing permanent disability. The deaths and serious injuries were not recorded or reported by the Ministry of Labour, their circumstances were not investigated, no cases were prosecuted and no fines or penalties were imposed. The number of recorded cases of occupational accidents and diseases, in relation to the country’s workforce, was clearly grossly underestimated. Of the 150 labour inspectors in post at the time of the BWI missions, only 33 were qualified in OSH and none specialized in construction. Labour laws were not properly enforced, illegal practices were endemic and prevention measures on the part of the labour inspectorate were wholly inadequate. Interviews with workers also revealed numerous cases of worksite accidents that had not been followed up by labour inspection, trade unions were banned and laws were regularly violated. Interviewed workers complained of the consequences of the kafala system, including illegal payments to employment agents, withholding of documents, non-payment of wages, poor nutrition and hygiene facilities, and restricted freedom of movement. It was likely that another million migrant workers would find their way to Qatar for construction work before 2022. Therefore, the BWI urged the Government to ratify relevant OSH Conventions, namely Occupational Safety and Health Convention, 1981 (No. 155) and Safety and Health in Construction Convention, 1988 (No. 167). Firm laws and their effective implementation were necessary. Without effective, independent labour inspection and enforcement, it was unlikely that the various new charters and standards, which were being published, but did not constitute law, would be effective. However, even an army of labour inspectors would not be the answer. Without trade union rights, rights to organize and to participate in the workplace, there could be no credible system to ensure human and labour rights, including OSH. This was a humanitarian crisis that required urgent attention and remedies. Therefore, the BWI called for all migrant workers in Qatar to have the right to form and join unions.

The Government member of Switzerland encouraged the Government to continue increasing the number of labour inspectors, particularly in the construction sector. At the time of recruitment of new inspectors, it should be ensured that the conditions of their recruitment and exercise of their functions were in line with the terms of the Convention. A special effort should be made in the area of training so as to ensure that inspections were carried out in accordance with high quality standards. Those inspections should be carried out independently and regularly. The health and safety of workers should thereby be strengthened by the effective implementation of the Convention. While noting efforts underway to revise the right to work in Qatar, particularly in order to include new groups of workers, he indicated that it was equally important to implement the current legal provisions on the protection of workers. The Swiss Government would continue to offer its expertise and cooperation regarding labour migration by exchanging experiences and information on good practices. He welcomed the Qatari Government’s decision to abolish the sponsorship system: a practice which led to the excessive restriction of the exercise of fundamental rights and freedoms.

An observer representing the International Transport Workers’ Federation (ITF) stated that while construction and domestic workers faced the most serious workplace and industrial relations problems in Qatar, migrant workers in all sectors suffered from the lack of an adequate labour inspectorate. Despite several protections in the Labour Law relating to protection against dismissal on the grounds of having obtained maternity leave or due to marriage, a company in the country maintained policies that were in direct contradiction of these provisions of the Labour Law. If labour inspection in the country had been adequate, such discriminatory practices that violated national law would have been uncovered. There were only six women employed by the labour inspection services, and addressing issues such as maternity discrimination and harassment would require more female labour inspectors. The Government was therefore encouraged to ensure that the labour inspectorate was adequately staffed with female inspectors, and that the inspectorate properly covered the transport sector, including road transport, as well as large state-owned companies.

The Government member of Sudan pointed out that Qatar witnessed a significant influx of migrant workers who wanted to work in order to benefit from the interesting wages offered in return for their participation in the economic development projects in the country. The authorities of Qatar had to meet a challenge arising from the increasing numbers of migrant workers, especially in the area of inspection, monitoring and ensuring the good application of labour regulations. To this end, the ILO had provided technical assistance and its help in raising the capacity building of inspectors. This in turn helped Qatar implement the fundamental rights and principles at work, which were all agreed upon in different ILO Conventions. The Government was set on promoting and developing the labour inspection system in law and in practice, as well as on concretely improving the working conditions of migrant workers. The Government deployed efforts to avoid any discrimination against women especially through the promulgation of laws and regulations which guaranteed equal opportunities between men and women, and subsequent monitoring by the competent Qatari authorities. Finally, he welcomed the measures implemented for the inspection of construction sites and for the establishment of the necessary health infrastructure, whose aim was to fulfil the needs of migrant workers in addition to the preparation of a wage protection system based on Qatari banks.

The Worker member of Tunisia welcomed the information that there had been an increase in the number of labour inspectors, particularly women inspectors, in the Labour Inspectorate. Nonetheless, information was still required on the impact of these achievements on migrant workers. The Government should be invited, at the next session of the International Labour Conference, to provide detailed information on: the way in which the Labour Inspectorate carried out its duties to protect workers, in particular the fundamental rights of migrant works; the social security measures adopted for this category of workers; and the statistics on the number of accidents and occupational diseases registered. The Government should increase inspection on night work and women’s work. The inspection visits should cover all workers in the country. Finally, some workers were expelled from the country whereas others, like the Tunisian journalist, were prevented from leaving. The ILO should call upon the Government to put an end to these practices.

The Government member of Norway speaking on behalf of the Nordic countries shared the concerns raised about the working and living conditions of migrant workers who made up 95 per cent of the workforce in Qatar. Hundreds of thousands more migrant workers were expected to be recruited for the 2022 Football World Cup, while already a high number of fatal accidents had occurred on relevant construction sites. The disquieting number of work-related accidents and the insufficient activities of the labour inspection in the construction sector were alarming. Statistics provided by the Government about the number of inspectors and inspections carried out in 2012 were considered surprising when compared to the number of inspectors and inspection visits carried out in Norway. In Norway, 300 labour inspectors carried out 15,000 inspections per year, while in Qatar 150 inspectors carried out 46,000 inspections. This was hard to understand and she questioned the efficiency and effectiveness of labour inspections carried out in Qatar. The Government was strongly recommended to actively promote the improvement of working conditions of foreign workers and to provide them with the necessary legal protection by improving the labour inspection capacity in the construction sector. This should be guaranteed and demonstrated by the enforcement of relevant regulation and standards for which an effective labour inspection system was crucial.

The Worker member from Libya presented the case of a women worker who was dismissed from her job but subsequently unable to leave the country as she had not obtained an exit visa, a requirement for any worker to leave the country. Thousands of workers faced a similar situation. The exit visa was part of the sponsorship system (kafala) and constituted a serious obstacle especially to workers who had fallen ill or were dismissed. The Government was called upon to abolish the sponsorship system. Rights of workers were human rights, and the labour inspectorate was presumed to play an important role in protecting workers’ and human rights, and to end labour exploitation.

The Government representative raised a point of order, requesting that the Worker member of Libya not expand her intervention beyond the subjects raised by the Committee of Experts. Consequently, the Worker member of Libya was asked by the Chairperson to limit her observations to the issue under discussion.

The Worker members raised a point of order against the Government representative, requesting him to refrain from making accusations against the support of an official to the Worker member of Libya. Subsequently, the Chairperson requested the Government representative to let the Worker member of Libya continue her intervention, and recalled that the Government representative could make use of his right to reply at the appropriate moment.

The Government member of the Russian Federation was somewhat intrigued by the very high increase in the number of labour inspections carried out during the past years and wished to congratulate the Government for these brilliant statistical results. Some members of the Committee had nevertheless expressed doubts on the statistics submitted and stated that it would not be an easy task to keep them up in the future. It was also vital to ensure the quality of the inspections carried out, to improve the training of inspectors and to increase the number of women labour inspectors. Moreover, it was expected that the number of migrant workers, which was already very high, would increase considerably to take up the Herculean task of building the necessary infrastructure for the 2022 football World Cup, which would represent an enormous challenge for the labour inspection services. The Government should therefore continue to keep the Committee of Experts informed in detail of the measures taken to apply the Convention.

The Government member of Lebanon acknowledged the efforts made by the Government to comply with the provisions of the Convention. Already measures were taken to better protect workers such as reduced or suspended working hours during the hottest period of the day. Large resources in the country allowed the Government to appoint more inspectors and to increase the quality of inspection reports which included information on payment of wages. In the preparation for the Football World Cup of 2022, 1.5 million expatriate workers had been hired, and the Government was providing them with adequate housing facilities and access to health services, which was in itself a tremendous accomplishment. The Government was doing everything possible to comply with the Convention, both in law and in practice.

The Government representative called upon those speakers who had questioned some of the information that had been provided regarding the application of the Convention to recognize that the Government was aware of the magnitude of the problem and the related challenges, and was dealing with them. All who came to Qatar were considered to be partners in development. Regarding statements related to the media, he considered that these were their personal views, and that the media were politicized and biased. He emphasized that all migrant workers had the right to litigate, that litigation costs were free, and that workers could use the existing arbitration mechanisms before referral to the courts. In 2013, the courts had dealt with about 10,000 cases. Regarding fatal accidents, Qatar valued the life of every individual working on its territory. Although shortcomings existed, it should be taken into account that the Government was working on new legislation imposing sanctions on employers who violated the occupational safety and health legislation. Moreover, the Government was also considering the review of the sponsorship system (kafala) and was looking at several proposals in this regard. He reiterated his Government’s commitment to international labour standards and cooperation with the ILO on matters relating to occupational safety and health and labour inspection. Qatar was working at both national and international levels and intended to continue sending labour inspectors to the International Training Centre in Turin for training. His Government would send a detailed annual report on the Convention in time for its examination by the Committee of Experts.

The Worker members first of all indicated their emphatic rejection of the Government’s remarks against an official of the Bureau of Workers’ Activities. They also deeply deplored the fact that the workers of Qatar had not been represented in the Conference Committee by a genuine trade union member but by an official from the human resources directorate of a major enterprise in the country. The discussions in the Committee concerning the application of Convention No. 81 were clearly based on the report of the Committee of Experts but they were also connected with the other work of the ILO, in particular the report of the tripartite committee set up to examine the representation against Qatar under article 24 of the ILO Constitution alleging non-observance of the Forced Labour Convention, 1930 (No. 29), which had been adopted by the Governing Body at its March 2014 session. Those conclusions could therefore be adopted, mutatis mutandis, by the Committee. By way of recapitulation, the Governing Body had invited Qatar to amend its legislation on the residence of foreigners without delay, which, inter alia, infringed in practice the right of workers to complain to the authorities in the event of failure by the employer to fulfil his obligations. The Governing Body had also invited Qatar to guarantee access for migrant workers to the labour inspectorate and to the labour courts. In that respect, the Government should be urged, with regard to labour justice, to ensure that complaints could be lodged free of charge, that there was easy access to the courts without fear of reprisals and that cases brought by migrant workers would be processed rapidly, while also ensuring that migrant workers had access to interpreters and legal assistance. Moreover, the testimonies heard during the discussions had shown that it was important that the Government was able to provide the Committee of Experts with reliable statistics on the work of the labour inspectorate, as had been requested by the Governing Body. The present case was concerned with serious violations of the rights of more than 1.5 million migrant workers who were in a situation of great vulnerability. The action taken by the Government was minimal and had had no impact. To put an end to the persistent crisis in human rights in Qatar, exceptional measures were now called for. Apart from the conclusions of the Governing Body which had already been referred to, the Worker members urged the Government to increase considerably the number of labour inspectors and to ensure that the latter could communicate effectively with the workers. Furthermore, the Government was invited not only to accept technical assistance from the Office but also to receive a high-level tripartite mission early enough in the current year for the mission’s report to be available for examination by the Committee of Experts at its 2014 meeting. In conclusion, concerned at the seriousness of the situation, the Worker members asked that the conclusions relating to the present case be inserted in a special paragraph in the Conference Committee’s report.

The Employer members supported the statement of the Government member of the Russian Federation and echoed the comments made by the Worker members regarding the services provided by the Bureau for Workers’ Activities and the Bureau for Employers’ Activities to the Workers’ and Employers’ groups respectively. There was general agreement that Qatar was performing an increasing number of labour inspections and the Government deserved praise for the efforts it had made in this regard. However, there was also consensus that far more labour inspectors were needed to carry out the number of required inspections, with each inspector having to perform fewer inspections. The number of labour inspectors, including women inspectors and inspectors who spoke the language of the migrant workers concerned, should be substantially increased. The Employer members agreed with all of the points made by the Worker members in their concluding statement, except for the inclusion of a special paragraph in the conclusions of this case in the Committee’s report.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year and the annual labour inspection report for 2019 submitted by the Government (see Articles 3(1) and (2), 20 and 21 below), as well as on the basis of the information at its disposal in 2019.

The Committee notes the information provided by the Government in response to its previous request concerning Article 15(c) of the Convention concerning the obligation to treat as confidential the existence of a complaint giving rise to an inspection.

Article 3(1) of the Convention. Complaints. The Committee previously noted that, in the first eight months of 2018, there were no labour inspections undertaken as a result of a complaint, and that only seven such occupational safety and health (OSH) inspections were undertaken. The Committee requested information on the total number of complaints received and the number of inspections undertaken in response.

The Committee notes the information provided by the Government, in response, that 17,223 complaints were received in 2018, of which 11,764 were settled, 5,047 were referred to dispute settlement committees, 371 were sent to courts and 27 are under examination. The Government states that the number of complaints addressed by inspectors is not available due to a technical problem. The Committee notes the information provided by the Government in its supplementary report that between 1 January and 1 September 2020 there were a total of 9,422 complaints received, of which 5,362 were settled, 2,496 were referred to committees, 73 were closed, and 1,491 were under examination. No cases were referred to the judiciary. The Government also indicates, in response to the Committee’s request on the measures taken to ensure that workers are made aware of the possibility of submitting complaints, that during inspections, inspectors ensure that workers are informed of the methods available to submit a complaint. Complaints can be submitted by visiting the Ministry of Administrative Development, Labour and Social Affairs, or the Workers’ Complaints Office, or via email or social media. The Government indicates that after reviewing the complaint, the inspection department sends an inspector to verify the complaint directly, making sure to ensure confidentiality. The Committee takes due note of the Government’s indication that one of the skills trainings planned in the strategic training plan concerns confidentiality. The Committee requests the Government to continue to provide information on the total number of complaints received, and to provide the number of inspections undertaken in response to these complaints and the specific results of those inspections. In addition, the Committee requests that the Government provide information on the reason why so few inspections are undertaken as the result of a complaint. The Committee requests the Government to continue to provide information on the measures taken by labour inspectors to ensure that workers are made aware in their own languages of the possibility of, and procedures for, submitting complaints to the labour inspectorate.

Article 3(2). Additional duties entrusted to labour inspectors. The Committee notes the Government’s indication in its report that, pursuant to Decree-Law No. 18 of 2020, the Labour Law was amended to empower labour inspectors to be able to offer “reconciliation” to persons in violation of the Labour Law, after the violation has been rectified and all outstanding payments have been made. The Government states that this will enable inspections to be more effective and contribute to the rapid rectification of violations. The Committee recalls that, in accordance with Article 3(2) of the Convention, additional duties assigned to labour inspectors are not such as to interfere with the effective discharge of their primary duties under Article 3(1). The Committee requests the Government to provide further information on the implementation of section 148 of the Labour Law in practice, including on the proportion of time and resources of labour inspectors that are devoted to the reconciliation procedure, the number of violations removed or otherwise resolved, and the average time period in which violations are removed when compared with the average time period for cases not involving reconciliation.

Articles 14 and 21(f) and (g). Notification. Occupational accidents. The Committee previously noted that the technical cooperation programme with the ILO includes operationalizing a system for registering occupational accidents and diseases. It also noted the Government’s indication that failure to notify the Ministry of Administrative Development, Labour and Social Affairs of an occupational accident or injury resulted in an infringement report being sent to the competent judicial bodies, in accordance with section 108 of the Labour Law and it requested information on the number of such infringement reports prepared. The Committee notes the Government’s statement in reply that there is immediate notification of occupational accidents in all cases, and no infringements were therefore detected. The Committee requests the Government to continue to provide information on the application of section 108 of the Labour Law in practice, including the number of violations, the number of infringement reports prepared, as well as information on the outcome of the reports referred to the judicial system. It also requests the Government to provide information on the measures taken, within the context of the technical cooperation programme, on the operationalization of a system for the registration of occupational accidents and diseases.

Occupational diseases. The Committee previously noted that section 105 of the Labour Law requires the notification of cases of occupational disease detected. It also noted the Government’s indications concerning difficulties in the detection of such cases, in light of the latency period for occupational diseases and the fact that many migrant workers are engaged on short-term contracts.

The Committee notes the Government’s statement that it is strengthening efforts with respect to the collection of statistical information on cases of occupational diseases in the context of the technical cooperation with the ILO, and that work on a database is planned for the end of 2019. It also notes the statement in the Annual Labour Inspection Report of 2018, that no cases of occupational diseases were recorded in 2018, but that efforts to improve the detection of occupational diseases will include the signing of a memorandum of understanding with the Ministry of Health. The Committee requests the Government to continue to provide information on the measures taken to improve the detection and identification of cases of occupational diseases as well as their notification to the labour inspectorate, including the implementation of the Memorandum of Understanding with the Ministry of Health and any efforts to collect information from governments in countries that provide the largest numbers of migrant workers.

Article 16. Self-evaluations submitted to the labour inspectorate. The Committee previously noted that self-evaluation questionnaires on OSH were distributed by inspectors to undertakings employing more than 100 workers. The Committee requested the Government to indicate if follow-up inspections were carried out for each enterprise that submitted a completed self-evaluation questionnaire. In this respect, the Committee notes the Government’s statement that the practice of questionnaires has been discontinued, as the priority of the inspectorate is building and strengthening the capacities of labour inspectors for inspection visits.

Articles 20 and 21. Publication and content of the annual report on the work of the labour inspectorate. The Committee welcomes that the labour inspection policy, adopted in 2019, provides that an annual report on the work of the inspection services will be regularly published by the central inspection authority containing the information required by Convention No. 81. In this respect, it notes with interest the transmission of the Annual Labour Inspection Report for 2018 and 2019. The Committee encourages the Government to pursue its efforts to ensure the preparation and transmission of the annual labour inspection report, containing all the information outlined in Article 21(a)–(g). The Committee requests the Government to provide information on the publication of the annual report, in accordance with Article 20(1) of the Convention.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year and the annual labour inspection report for 2019 submitted by the Government (see Articles 3, 5(a), 7, 10, 9, 12, 13, 16, 17, 18 and 21(e) below), as well as on the basis of the information at its disposal in 2019.

COVID-19 measures. The Committee appreciates the efforts of the Government to provide information in its report regarding various measures taken in 2020 in the context of the COVID-19 pandemic, including the monitoring undertaken by the Occupational Safety and Health (OSH) Unit of the Labour Inspection Department, through periodic and surprise inspections. The Government provides information on the implementation of awareness-raising and information campaigns, the establishment of inter-ministerial working groups and the creation of a hotline service to receive complaints and observations from workers.

Technical cooperation. Following its previous comments, the Committee welcomes the information in the Government’s report concerning the progress achieved in the context of the technical cooperation programme between the Government and the ILO (2018–20), particularly the second pillar which concerns improving the labour inspection and OSH systems. In this respect, the Committee notes with interest the adoption of the labour inspection policy in April 2019. This policy was developed on the basis of the Assessment of the Qatar Labour Inspection System, prepared by the Ministry of Administrative Development, Labour and Social Affairs and the ILO. The policy includes the collection of data, the implementation of an evidence-based strategy and measures to ensure transparency and accountability of inspections. The Committee notes the information provided by the Government in its supplementary report that it is working on the implementation of the policy, which has been disseminated among all labour inspectors, and that the strategy for implementation focuses on data collection and analysis, and continuous capacity-building of inspectors. The Committee requests the Government to continue to provide detailed information on the measures taken in the context of the ongoing technical cooperation to strengthen the implementation of the Convention, including on the implementation of the labour inspection policy.

Articles 3, 12 and 16 of the Convention. Sufficient number of labour inspections and coverage of workplaces. The Committee previously urged the Government to pursue its efforts with respect to strategic planning and the development of a modern strategic inspection plan. In this respect, the Committee notes with interest the Government’s indication that in March 2019, the strategic unit of the labour inspectorate became operational and began working on developing a modern strategic inspection plan. The Government indicates, in response to the Committee’s previous request on the establishment of priorities, that priorities and objectives for inspections have been identified related to recurrent issues, particularly the prevention of falls from heights and the payment of wages.

The Committee notes the Government’s statement that in 2018, 21,178 undertakings were inspected, with a total of 43,366 inspection visits (compared with 44,550 inspections conducted in 2016). This included 19,328 labour inspection visits, 22,736 OSH inspection visits, and 1,302 inspection visits on wage protection. According to the information in the annual labour inspection report for 2019, 21,644 undertakings were inspected in 2019, with a total of 43,842 inspection visits (21,763 concerning working conditions and 22,079 concerning OSH). The Committee also notes the information provided in response to its previous comments, that most inspections on labour and on OSH did not detect any violations, but that 100 per cent of the wage protection inspections disclosed violations. The inspection visits resulted in: 1,419 infringement reports in 2018 and, for 2019, 235 such reports for OSH and working conditions and 2,318 reports related to the wage protection system; 6,548 warnings to remedy an infringement in 2018 and 8,127 in 2019; 797 suspensions of transactions with the Ministry of Administrative Development, Labour and Social Affairs in 2018 and 495 suspensions in 2019; and 3,524 cases where guidance was provided in 2018 and 3,509 cases in 2019. The information provided by Government indicates that approximately 70 per cent of visits in 2018 and 2019 did not detect any violations (31,078 inspections in 2018 and 30,357 such inspections in 2019 all in the labour and OSH areas).

The Committee takes due note of the information in the annual labour inspection report of 2019 that measures with immediate enforcement were taken in 1,070 cases concerning working conditions and 495 concerning OSH in 2019. The Committee also notes the information in the Government’s supplementary report that between 1 January and 31 August 2020, 19,117 inspection visits to work sites were carried out (resulting in the issuance of 4,945 infringement reports), as well as 4,500 inspection visits to workers’ accommodation (resulting in the issuance of 1,915 infringement reports), and transactions were suspended for 19,131 companies.

The Committee also notes the statement in the Assessment of the Qatar Labour Inspection System that at present, employers are sometimes given prior notice of inspections, either because the inspectors require more information on the location of the worksite, or to allow employers time to gather relevant documentation. The Assessment states that the practice of informing employers of imminent visits must cease, as the effectiveness of an investigation frequently depends on the unpredictability of the visit. Noting that over two thirds of OSH and labour inspection visits did not detect any violations but that all wage protection visits did, the Committee requests the Government to provide information on the most frequent categories of violation in the area of wage protection, as well as information regarding possible reasons for the low detection rates during labour and OSH inspections. It also requests the Government to continue to provide information on the activities of the strategic unit, including the implementation of the modern strategic inspection plan, as well as progress achieved with respect to the priorities and objectives established, including particularly on wages. Recalling that labour inspectors provided with proper credentials shall be empowered to enter freely and without previous notice any workplace liable to inspection in accordance with Article 12, it requests the Government to continue to provide information on the total number of inspections undertaken, as well as on the outcome of these visits, and to specifically indicate the number of these inspections that were unannounced and those that were undertaken with prior notice.

Articles 5(a), 17, 18 and 21(e). Effective cooperation between the labour inspectorate and the justice system, legal proceedings and effective enforcement of adequate penalties. The Committee previously noted that labour inspectors, upon detecting non-compliance, draw up infringement reports which are then referred to the courts for further action. It noted that the outcome of most inspections was no further action. It also noted that the technical cooperation programme included a review of relevant legislation in order to strengthen the enforcement powers of labour inspectors.

In this respect, the Committee welcomes the Government’s indication that plans are under way, in the context of the ongoing technical cooperation, to strengthen enforcement mechanisms and to provide labour inspectors with enhanced enforcement powers. The Government states that labour inspectors will be provided with clear guidance to follow, including the identification of situations requiring immediate action, such as the suspension of activities or the adoption of other stringent enforcement measures to address non-compliance. The Committee also notes the number of infringement reports referred to courts in 2019 was 235 related to working conditions and OSH and 2,318 under the wage protection system. It once again observes that no information on the outcome of these cases has been provided, but notes the Government’s statement, in reply to the Committee’s previous request, that work is under way to provide these statistics. The Committee further notes the statement in the Assessment of the Qatar Labour Inspection System that the Labour Inspection Department does not have readily available information on penalties, fines or imprisonment imposed by the judiciary and that inspectors had expressed frustration with the judiciary’s failure to inform them of the outcome after their referral of a company for court proceedings. In this respect, it notes with interest the Government’s reference to a Memorandum of Understanding between the Ministry of Administrative Development, Labour and Social Affairs and the Supreme Judicial Council, which aims to establish electronic information sharing on the cases referred to courts, the judgments handed down, and relevant appeals. The Committee notes the information in the Government’s supplementary report that the Memorandum also includes the possibility of sharing copies of employment contracts and information on the transfer of wages. The Government indicates that the Memorandum constitutes a first step towards improving cooperation and efficiency, helping litigants and providing support to workers in the country. The Committee urges the Government to continue to pursue its efforts, in the context of the ongoing technical cooperation programme, to strengthen the effectiveness of enforcement mechanisms, including measures to provide enhanced enforcement powers to labour inspectors. It requests the Government to continue to provide specific information on the measures taken to promote effective collaboration between the labour inspectorate and the judicial system, including the implementation of the Memorandum of Understanding. It once again urges the Government to provide information on the outcome of cases referred to the judiciary by labour inspectors through infringement reports, including the penalties imposed and fines collected by virtue of the Labour Law and the legal provisions to which they relate.

Articles 5(a), 9 and 13. Labour inspection in the area of OSH. The Committee previously noted that, pursuant to section 100 of the Labour Law, inspectors have the authority to prepare an urgent report, to be referred to the Minister, if they detect an imminent danger in the workplace. These reports will result in the Minister issuing a decision of partial or total closure until the hazard is removed. It requested information on the number of such reports issued, as well as on the number of occupational accidents, including fatal occupational accidents, and the occupation or sector concerned.

The Committee notes the information provided by the Government in response to its previous request that 22,736 OSH inspections were undertaken in 2018, and 22,079 such visits in 2019 (compared with 14,526 such visits in 2016). It notes the information provided on a number of measures taken by the labour inspectorate related to improving OSH, including: (i) the involvement of the labour inspectorate in the development of a national OSH policy, which will cover data analysis and collection; (ii) preventative activities undertaken by the OSH Department of the labour inspectorate to address heat stress, including targeted inspections on hours of work during the summer; (iii) awareness-raising workshops and an OSH conference to celebrate national OSH day; and (iv) further training for inspectors on OSH issues. The Government indicates that the construction sector remains a priority, and that in the context of the Memorandum of Understanding with Building and Wood Workers’ International (BWI), 13 joint inspections were carried out. The Committee notes the information in the 2019 annual labour inspection report that there were 117 fatal occupational accidents in 2019 (compared with117 in 2017 and 123 in 2018), and it observes that the statistics provided on accidents in the annual labour inspection report are not disaggregated by occupation or sector. It also notes an absence of information on the implementation in practice of closure decisions pursuant to section 100 of the Labour Law, and notes the information in the Assessment of the Qatar Labour Inspection System that the approval process from the Minister to halt activities usually takes two to three days.

The Committee further notes the information provided concerning the implementation of the National Action Plan on Heat Stress between June and August 2020 by the OSH Unit. This included an inspection campaign which resulted in the closure of 263 work sites for violations of the Ministerial Decree on heat stress and working hours. In addition, the Committee notes the Government’s indication that it has strengthened the monitoring of workers’ accommodation with a view to protecting their health and safety. In this respect, the Committee notes that in 2020 the Labour Law was amended to add specifically that housing provided for workers by employers must meet the conditions and specifications in the relevant Ministerial Decision (Ministerial Order No. 18 of 2014 Setting the Conditions and Specifications of Workers’ Accommodations) (section 106bis) and to establish applicable penalties for non-compliance (section 145bis). The Committee urges the Government to continue taking immediate and time-bound measures to address the number of fatal occupational accidents, including further measures to strengthen the capacity of labour inspectors with respect to the monitoring of OSH, particularly in the construction sector. The Committee requests the Government to continue to provide information on the number of occupational accidents, including fatal occupational accidents, and to ensure that this information is disaggregated by occupation or sector. It also requests the Government to continue to provide information on the number and type of OSH inspection visits undertaken and on measures taken to enforce the legislation on heat stress. It requests the Government to provide information on the number of violations detected, the number of infringement reports issued and, in particular, the information previously requested concerning the follow-up given by the judicial authorities to such infringement reports, as well as information on the application of sections 106bis and 145bis of the Labour Law. It further requests the Government to continue to provide information on the joint inspections undertaken with the BWI, including the modalities of these inspections and how the targets of these inspections are selected. Lastly, the Committee requests the Government to provide further detailed information on the implementation in practice by labour inspectors of the power to make orders requiring measures with immediate executory force in the event of imminent danger to the health or safety of the workers, indicating the number of urgent reports and closure decisions issued under section 100 of the Labour Law, and separately under the Ministerial Decree on heat stress and working hours, disaggregated by occupation and sector.

Articles 7 and 10. Recruitment and training of labour inspectors and the effective discharge of their duties. The Committee takes due note that one of the focuses of the labour inspection policy is the establishment of a learning and development framework for labour inspectors. In this regard, the Committee notes with interest the detailed information provided by the Government on the development of a four-year strategic training plan 2019–22 by the labour inspectorate’s strategic unit, which includes three training tracks. It also notes the information provided for 2018 on the number of study visits and training courses, their content, and the number of participants. The Committee further notes the Government’s indication that it will strengthen the capacity of inspectors in the preparation and writing of reports, and concerning the issuance of infringement reports. In addition, the Committee notes the information in the annual labour inspection report that in 2019, 200 inspectors received training on inspection skills, and 196 received training on labour legislation. It further notes the Government’s indication in its supplementary report that the implementation of the strategic training plan was temporarily suspended due to the COVID-19 pandemic, but resumed with remote training on forced labour in July 2020 and on occupational safety and health in October 2020.

In addition, it notes the Government’s indication, in response to the Committee’s previous request on recruitment, that it plans to develop specific standards, qualifications and requirements for newly recruited inspectors, and that new inspectors will follow a specialized introductory training track. Lastly, the Committee notes the information in the 2019 annual labour inspection report that there are four interpreters who work with inspectors. It notes in this respect the statement in the Assessment of the Qatar Labour Inspection System that the number of interpreters working with the inspectorate should be increased. The Committee requests the Government to continue to pursue its efforts to ensure that inspectors receive adequate training for the performance of their duties. In this respect, it requests the Government to continue to provide information on the implementation of the strategic training plan 2019–22, specifying the number of labour inspectors that received training, the duration of such training, the subjects covered, and whether it was induction or continuous training. It requests the Government to continue to provide information on its planned development of standards for the recruitment of inspectors, as well as the introductory training provided to new inspectors. The Committee further requests the Government to continue to provide information on measures taken to ensure the recruitment of labour inspectors and of interpreters able to speak the languages of migrant workers, and to indicate the different languages for which the interpreters provide assistance.

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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government in response to its previous request concerning Article 15(c) of the Convention concerning the obligation to treat as confidential the existence of a complaint giving rise to an inspection.

Article 3(1) of the Convention. Complaints. The Committee previously noted that, in the first eight months of 2018, there were no labour inspections undertaken as a result of a complaint, and that only seven such occupational safety and health (OSH) inspections were undertaken. The Committee requested information on the total number of complaints received and the number of inspections undertaken in response.

The Committee notes the information provided by the Government, in response, that 17,223 complaints were received in 2018, of which 11,764 were settled, 5,047 were referred to dispute settlement committees, 371 were sent to courts and 27 are under examination. The Government states that the number of complaints addressed by inspectors is not available due to a technical problem, which will be resolved by the end of 2019. The Government also indicates, in response to the Committee’s request on the measures taken to ensure that workers are made aware of the possibility of submitting complaints, that during inspections, inspectors ensure that workers are informed of the methods available to submit a complaint. Complaints can be submitted by visiting the Ministry of Administrative Development, Labour and Social Affairs, or the Workers’ Complaints Office, or via email or social media. The Government indicates that after reviewing the complaint, the inspection department sends an inspector to verify the complaint directly, making sure to ensure confidentiality. The Committee takes due note of the Government’s indication that one of the skills trainings planned in the strategic training plan concerns confidentiality. The Committee requests the Government to continue to provide information on the total number of complaints received, and to provide the number of inspections undertaken in response to these complaints and the results of those inspections. In addition, the Committee requests that the Government provide information on the reason why so few inspections are undertaken as the result of a complaint. The Committee requests the Government to continue to provide information on the measures taken by labour inspectors to ensure that workers are made aware in their own languages of the possibility of, and procedures for, submitting complaints to the labour inspectorate.

Articles 14 and 21(f) and (g). Notification. Occupational accidents. The Committee previously noted that the technical cooperation programme with the ILO includes operationalizing a system for registering occupational accidents and diseases. It also noted the Government’s indication that failure to notify the Ministry of Administrative Development, Labour and Social Affairs of an occupational accident or injury resulted in an infringement report being sent to the competent judicial bodies, in accordance with section 108 of the Labour Law and it requested information on the number of such infringement reports prepared. The Committee notes the Government’s statement in reply that there is immediate notification of occupational accidents in all cases, and no infringements were therefore detected. The Committee requests the Government to continue to provide information on the application of section 108 of the Labour Law in practice, including the number of violations, the number of infringement reports prepared, as well as information on the outcome of the reports referred to the judicial system. It also requests the Government to provide information on the measures taken, within the context of the technical cooperation programme, on the operationalization of a system for the registration of occupational accidents and diseases.

Occupational diseases. The Committee previously noted that section 105 of the Labour Law requires the notification of cases of occupational disease detected. It also noted the Government’s indications concerning difficulties in the detection of such cases, in light of the latency period for occupational diseases and the fact that many migrant workers are engaged on short-term contracts.

The Committee notes the Government’s statement that it is strengthening efforts with respect to the collection of statistical information on cases of occupational diseases in the context of the technical cooperation with the ILO, and that work on a database is planned for the end of 2019. It also notes the statement in the Annual Labour Inspection Report of 2018, that no cases of occupational diseases were recorded in 2018, but that efforts to improve the detection of occupational diseases will include the signing of a memorandum of understanding with the Ministry of Health. The Committee requests the Government to continue to provide information on the measures taken to improve the detection and identification of cases of occupational diseases as well as their notification to the labour inspectorate, including the implementation of the Memorandum of Understanding with the Ministry of Health and any efforts to collect information from governments in countries that provide the largest numbers of migrant workers.

Article 16. Self-evaluations submitted to the labour inspectorate. The Committee previously noted that self-evaluation questionnaires on OSH were distributed by inspectors to undertakings employing more than 100 workers. The Committee requested the Government to indicate if follow-up inspections were carried out for each enterprise that submitted a completed self-evaluation questionnaire. In this respect, the Committee notes the Government’s statement that the practice of questionnaires has been discontinued, as the priority of the inspectorate is building and strengthening the capacities of labour inspectors for inspection visits.

Articles 20 and 21. Publication and content of the annual report on the work of the labour inspectorate. The Committee welcomes that the labour inspection policy, adopted in 2019, provides that an annual report on the work of the inspection services will be regularly published by the central inspection authority containing the information required by Convention No. 81. In this respect, it notes with interest the transmission of the Annual Labour Inspection Report for 2018, and notes the Government’s statement that the annual report for 2019 is under preparation. The Committee encourages the Government to pursue its efforts to ensure the preparation and transmission of the annual labour inspection report, containing all the information outlined in Article 21(a)–(g). The Committee requests the Government to provide information on the publication of the annual report, in accordance with Article 20(1) of the Convention.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Technical cooperation. Following its previous comments, the Committee welcomes the information in the Government’s report concerning the progress achieved in the context of the technical cooperation programme between the Government and the ILO (2018–20), particularly the second pillar which concerns improving the labour inspection and occupational safety and health (OSH) systems. In this respect, the Committee notes with interest the adoption of the labour inspection policy in April 2019. This policy was developed on the basis of the Assessment of the Qatar Labour Inspection System, prepared by the Ministry of Administrative Development, Labour and Social Affairs and the ILO. The policy includes the collection of data, the implementation of an evidence-based strategy and measures to ensure transparency and accountability of inspections. The Committee requests the Government to continue to provide detailed information on the measures taken in the context of the ongoing technical cooperation to strengthen the implementation of the Convention, including on the implementation of the labour inspection policy.

Articles 3, 12 and 16 of the Convention. Sufficient number of labour inspections and coverage of workplaces. The Committee previously urged the Government to pursue its efforts with respect to strategic planning and the development of a modern strategic inspection plan. In this respect, the Committee notes with interest the Government’s indication that in March 2019, the strategic unit of the labour inspectorate became operational and began working on developing a modern strategic inspection plan. The Government indicates, in response to the Committee’s previous request on the establishment of priorities, that priorities and objectives for inspections have been identified related to recurrent issues, particularly the prevention of falls from heights and the payment of wages.

The Committee notes the Government’s statement that in 2018, 21,178 undertakings were inspected, with a total of 43,366 inspection visits (compared with 44,550 inspections conducted in 2016). This included 19,328 labour inspection visits, 22,736 OSH inspection visits, and 1,302 inspection visits on wage protection. The Committee also notes the information provided in response to its previous comments, that most inspections on labour and on OSH did not detect any violations, but that 100 per cent of the wage protection inspections disclosed violations. The inspection visits resulted in: 1,419 infringement reports; 6,548 warnings to remedy an infringement; 797 suspensions of transactions with the Ministry of Administrative Development, Labour and Social Affairs; and 3,524 cases where guidance was provided. The Government’s report indicates that approximately 70 per cent of visits did not detect any violations (31,078 inspections, all in the labour and OSH areas). The Committee also notes the statement in the Assessment of the Qatar Labour Inspection System that at present, employers are sometimes given prior notice of inspections, either because the inspectors require more information on the location of the worksite, or to allow employers time to gather relevant documentation. The Assessment states that the practice of informing employers of imminent visits must cease, as the effectiveness of an investigation frequently depends on the unpredictability of the visit. Noting once again that most OSH and labour inspection visits did not detect any violations but that all wage protection visits did, the Committee requests the Government to provide information on the most frequent categories of violation in the area of wage protection. It also requests the Government to continue to provide information on the activities of the strategic unit, including the finalization of the modern strategic inspection plan and its implementation, as well as progress achieved with respect to the priorities and objectives established, including particularly on wages. Recalling that labour inspectors provided with proper credentials shall be empowered to enter freely and without previous notice any workplace liable to inspection in accordance with Article 12, it requests the Government to continue to provide information on the total number of inspections undertaken, as well as on the outcome of these visits, and to specifically indicate the number of these inspections that were unannounced and those that were undertaken with prior notice.

Articles 5(a), 17, 18 and 21(e). Effective cooperation between the labour inspectorate and the justice system, legal proceedings and effective enforcement of adequate penalties. The Committee previously noted that labour inspectors, upon detecting non-compliance, draw up infringement reports which are then referred to the courts for further action. It noted that the outcome of most inspections was no further action. It also noted that the technical cooperation programme included a review of relevant legislation in order to strengthen the enforcement powers of labour inspectors.

In this respect, the Committee welcomes the Government’s indication that plans are under way, in the context of the ongoing technical cooperation, to strengthen enforcement mechanisms and to provide labour inspectors with enhanced enforcement powers. The Government states that labour inspectors will be provided with clear guidance to follow, including the identification of situations requiring immediate action, such as the suspension of activities or the adoption of other stringent enforcement measures to address non-compliance. The Committee also notes that the number of infringement reports referred to courts continued to rise (from 676 in 2015 to 1,142 in 2016 and to 1,419 in 2018). It once again observes that no information on the outcome of these cases has been provided, but notes the Government’s statement, in reply to the Committee’s previous request, that work is under way to provide these statistics. The Committee further notes the statement in the Assessment of the Qatar Labour Inspection System that the Labour Inspection Department does not have readily available information on penalties, fines or imprisonment imposed by the judiciary and that inspectors had expressed frustration with the judiciary’s failure to inform them of the outcome after their referral of a company for court proceedings. In this respect, it notes with interest the Government’s reference to a Memorandum of Understanding between the Ministry of Administrative Development, Labour and Social Affairs and the Supreme Judicial Council, which aims to establish electronic information sharing on the cases referred to courts, the judgments handed down, and relevant appeals. The Committee urges the Government to pursue its efforts, in the context of the ongoing technical cooperation programme, to strengthen the effectiveness of enforcement mechanisms, including measures to provide enhanced enforcement powers to labour inspectors. It requests the Government to continue to provide specific information on the measures taken to promote effective collaboration between the labour inspectorate and the judicial system, including the implementation of the Memorandum of Understanding. It once again urges the Government to provide information on the outcome of cases referred to the judiciary by labour inspectors through infringement reports, including the penalties imposed and fines collected by virtue of the Labour Law and the legal provisions to which they relate.

Articles 5(a), 9 and 13. Labour inspection in the area of OSH. The Committee previously noted that, pursuant to section 100 of the Labour Law, inspectors have the authority to prepare an urgent report, to be referred to the Minister, if they detect an imminent danger in the workplace. These reports will result in the Minister issuing a decision of partial or total closure until the hazard is removed. It requested information on the number of such reports issued, as well as on the number of occupational accidents, including fatal occupational accidents, and the occupation or sector concerned.

The Committee notes the information provided by the Government in response to its previous request that, in 2018, 22,736 OSH inspections were undertaken (compared with 14,526 such visits in 2016). It notes the information provided on a number of measures taken by the labour inspectorate related to improving OSH, including: (i) the involvement of the labour inspectorate in the development of a national OSH policy, which will cover data analysis and collection; (ii) preventative activities undertaken by the OSH Department of the labour inspectorate to address heat stress, including targeted inspections on hours of work during the summer; (iii) awareness-raising workshops and an OSH conference to celebrate national OSH day; and (iv) further training for inspectors on OSH issues. The Government indicates that the construction sector remains a priority, and that in the context of the Memorandum of Understanding with Building and Wood Workers’ International (BWI), 13 joint inspections were carried out. The Committee notes with concern the Government’s indication that the number of fatal occupational accidents continued to increase, from 117 in 2017 to 123 in 2018, and it observes that the statistics provided on accidents are not disaggregated by occupation or sector. It also notes an absence of information on the implementation in practice of closure decisions pursuant to section 100 of the Labour Law, and notes the information in the Assessment of the Qatar Labour Inspection System that the approval process from the Minister to halt activities usually takes two to three days. The Committee urges the Government to take immediate measures to address the increase in the number of fatal occupational accidents, including further measures to strengthen the capacity of labour inspectors with respect to the monitoring of OSH, particularly in the construction sector. The Committee requests the Government to continue to provide information on the number of occupational accidents, including fatal occupational accidents, and to ensure that this information is disaggregated by occupation or sector. It also requests the Government to continue to provide information on the number and type of OSH inspection visits undertaken, the number of violations detected, the number of infringement reports issued and, in particular, the information previously requested concerning the follow-up given by the judicial authorities to such infringement reports. It further requests the Government to continue to provide information on the joint inspections undertaken with the BWI, including the modalities of these inspections and how the targets of these inspections are selected. Lastly, the Committee once again requests the Government to provide information on the implementation in practice by labour inspectors of the power to make orders requiring measures with immediate executory force in the event of imminent danger to the health or safety of the workers, indicating the number of urgent reports and closure decisions issued under section 100 of the Labour Law, disaggregated by occupation and sector.

Articles 7 and 10. Recruitment and training of labour inspectors and the effective discharge of their duties. The Committee takes due note that one of the focuses of the labour inspection policy is the establishment of a learning and development framework for labour inspectors. In this regard, the Committee notes with interest the detailed information provided by the Government on the development of a four-year strategic training plan 2019–22 by the labour inspectorate’s strategic unit, which includes three training tracks. It also notes the information provided for 2018 on the number of study visits and training courses, their content, and the number of participants. The Committee further notes the Government’s indication that, as part of the 2020 training plan, it will strengthen the capacity of inspectors in the preparation and writing of reports, and concerning the issuance of infringement reports. In addition, it notes the Government’s indication, in response to the Committee’s previous request on recruitment, that it plans to develop specific standards, qualifications and requirements for newly recruited inspectors, and that new inspectors will follow a specialized introductory training track. Lastly, the Committee notes the information in the Government’s report that there are 12 interpreters who work with inspectors. It notes in this respect the statement in the Assessment of the Qatar Labour Inspection System that the number of interpreters working with the inspectorate should be increased. The Committee requests the Government to continue to pursue its efforts to ensure that inspectors receive adequate training for the performance of their duties. In this respect, it requests the Government to provide information on the implementation of the strategic training plan 2019–22, specifying the number of labour inspectors that received training, the duration of such training and the subjects covered. It requests the Government to continue to provide information on its planned development of standards for the recruitment of inspectors, as well as the introductory training provided to new inspectors. The Committee further requests the Government to continue to provide information on measures taken to ensure the recruitment of labour inspectors and interpreters able to speak the languages of migrant workers.

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 3(1) of the Convention. Complaints. The Committee takes due note of the Government’s statement that the main aim of inspection visits is to be proactive, and not linked to a complaint. It notes that in the first eight months of 2018, there were no labour inspections undertaken as a result of a complaint, and only seven such occupational safety and health (OSH) inspections were undertaken. The Government also indicates that the technical cooperation programme between the Government and the ILO includes the aim of safeguarding the confidentiality of a complainant’s identity and their protection from retaliation through the capacity building of labour inspectors and of those who receive such complaints, in addition to raising awareness with respect to the protection of workers who submit complaints. The Committee requests the Government to provide information on the total number of complaints received and to continue to provide information on the number of inspections undertaken in response to these complaints. The Committee also requests the Government to provide further information on the measures taken by labour inspectors to ensure that workers are made aware in their own languages of the possibility of, and procedures for, submitting complaints to the labour inspectorate, and, with reference to Article 15(c) of the Convention below, to the absolute confidentiality of complaints submitted.

Articles 14 and 21(f) and (g). Notification. Occupational accidents. The Committee previously noted that the technical cooperation programme with the ILO includes operationalizing a system for registering occupational accidents and diseases.

The Committee notes the Government’s indication that if an undertaking does not notify the Ministry of Administrative Development, Labour and Social Affairs of an occupational accident or injury, in accordance with section 108 of the Labour Law, an infringement report is drawn up and sent to the competent judicial bodies. The Government also states that collaboration is ongoing between that Ministry and the Ministry of Public Health with respect to the registration of occupational accidents and injuries, and it notes in this respect the detailed statistics provided concerning occupational injuries registered in the first eight months of 2018, including the cause of injury, the type of injury and the occupation, age and gender of the injured worker. The Committee requests the Government to provide further information on the measures taken, within the context of the technical cooperation programme, on the operationalization of a system for the registration of occupational accidents and diseases. It also requests the Government to provide information on the number of infringement reports drawn up for violations of section 108 of the Labour Law related to a failure to notify an occupational accident or injury, as well as information on the outcome of the reports referred to the judicial system.

Occupational diseases. The Committee previously noted the Government’s indications concerning difficulties in the detection of cases of occupational diseases, in light of the latency period for such diseases and the fact that many migrant workers are engaged on short-term contracts. The Committee notes that, in accordance with section 105 of the Labour Law, any occupational disease detected during the required periodic medical examination shall be notified to the Ministry within three days of the employer’s cognizance of the results of the examination. The Government indicates that the establishment of a uniform system to monitor and register occupational accidents and diseases is required in order to have precise statistics, and that this is planned under the technical cooperation programme. The Committee once again notes that the Government has not provided information concerning any cases of occupational diseases detected or reported in the country. The Committee requests the Government to continue to provide information on the measures introduced to improve the detection and identification of cases of occupational diseases as well as their notification to the labour inspectorate, including any efforts to collect information from governments in countries that provide the largest numbers of migrant workers. It requests the Government to strengthen its efforts to ensure that future annual reports on the activities of the labour inspectorate contain statistical information on such cases, in conformity with Article 21(g).

Article 15(c). Obligation to treat as confidential the existence of a complaint giving rise to an inspection. Legislation. The Committee previously noted that Ministerial Order No. 13 of 2005 requires labour inspectors to maintain confidentiality in relation to only the author of a complaint giving rise to an inspection, but not with respect to the fact that an inspection was undertaken pursuant to a complaint. In this respect, it noted the Government’s indication that the Order was in the process of being amended with a view to including the requirement that an inspector not give any intimation that a visit was made in response to a complaint.

The Committee notes the Government’s statement that, in light of the significant legislative developments in the country, it will examine the possibility of amending Ministerial Order No. 13 of 2005 in the context of its cooperation with the ILO. The Committee requests the Government to continue to provide information on the progress made with respect to amending Ministerial Order No. 13 of 2005, and to provide a copy of any legislation adopted in this regard.

Article 16. Self-evaluations submitted to the labour inspectorate. The Committee takes due note of the Government’s indication, in response to the Committee’s previous request, that self-evaluation questionnaires on OSH are distributed by inspectors to undertakings employing more than 100 workers. When the Labour Inspection Department receives the completed questionnaire, the information is verified and used to identify priorities for inspection. A field inspection is then carried out to verify whether the information contained in the questionnaire is correct. The Government indicates that inspectors are committed to carrying out inspections independently from the self-evaluation. The Committee requests the Government to indicate if follow-up inspections are carried out for each enterprise that submits a completed self-evaluation questionnaire, and to indicate if these inspections are unannounced. The Committee also requests the Government to provide further detailed information on the results of follow-up inspections in relation to the questionnaires and on the procedure followed when an undertaking does not return the completed self-evaluation questionnaire.

Articles 20 and 21. Publication and content of the annual report on the work of the labour inspectorate. The Committee notes the information provided by the Government in its report relating to the laws and regulations relevant to the work of the inspection service (Article 21(a)); the staff of the labour inspection service (Article 21(b)); statistics of inspection visits (Article 21(d)); and statistics of industrial accidents (Article 21(f)). With respect to Article 21(e) and with reference to its observation, the Committee once again observes the information on the number of inspection visits where a notice to remedy a violation was issued or an infringement report prepared, as well as the number of inspections which resulted in a prohibition issued on the company, but that no information is provided on any penalties imposed by virtue of Chapter 16 of the Labour Law. It further observes, with reference to its comments above concerning Articles 14 and 21(g), an absence of information on the number of cases of occupational diseases detected. Lastly, it notes an absence of statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)), but notes the Government’s indication that all undertakings covered by the Labour Law were surveyed through a field survey operation aimed at identifying all undertakings in the different regions, with a view to establishing a geographic database. The Committee requests the Government to take measures to ensure that a copy of its annual labour inspection report is transmitted to the Office, in accordance with Article 20, and to take the necessary measures to ensure that it contains all the information outlined in Article 21(a)–(g). It also requests the Government to provide further information on the establishment of a database of undertakings for use by the inspectorate.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Technical cooperation. Following its previous comments, the Committee welcomes the information in the Government’s report concerning the measures planned within the context of the technical cooperation programme between the Government and the ILO, particularly the second pillar which concerns improving the labour inspection and occupational safety and health (OSH) systems. The Committee takes due note of the Government’s indication that an assessment of the labour inspection system was conducted by the ILO to identify the technical needs of the system, which will be finalized by the end of 2018. The Committee requests the Government to provide detailed information on the measures taken to implement the recommendations of the assessment, once finalized, with a view to improving the implementation of the Convention.

Articles 3, 8, 10 and 16 of the Convention. Sufficient number of labour inspectors and coverage of workplaces. The Committee previously noted that the technical cooperation programme between the Government and the ILO includes the implementation of a labour inspection policy and strategy, increasing the number of interpreters accompanying inspectors in order to permit interaction with workers during inspection visits, and measures to ensure that inspections cover all undertakings and workplaces prescribed by the Labour Law.

The Committee welcomes the Government’s statement that the national labour inspection policy has been formulated, and is in the process of being developed and that a strategic unit was established within the Labour Inspection Department to oversee the development of modern strategic inspection plans. The Government also indicates that an inspection plan was prepared in 2018, with a view to covering all workplaces in the country. The Committee welcomes the Government’s further indication that there are now 12 interpreters in the Labour Inspection Department (an increase from the four previously noted by the Committee), able to speak the most common languages among migrant workers, and that the number of inspectors able to speak both Arabic and English has increased to 100 (from the 96 previously noted). There are currently 255 labour inspectors, ten administrative supervisors and five technical supervisors. The Committee notes that this represents a decrease in the number of labour inspectors previously noted by the Committee, and also notes the Government’s statement that this is due to a change in the Ministry’s structure in March 2016, the transfer of some inspectors to the Wage Protection Department as well as a focus by the Ministry of Administrative Development, Labour and Social Affairs on developing inspectors’ performance instead of focusing on the number of inspectors.

The Committee notes the Government’s indication that in the first eight months of 2018, 27,771 inspections were undertaken (13,855 labour inspections and 13,916 OSH inspections), resulting in 3,475 warnings to remedy a violation and 1,235 infringement reports. Approximately 70 per cent of inspections found no violations, and another 10 per cent resulted in the provision of guidance and advice. The Government indicates that most inspections undertaken were proactive and unannounced (22,410), and that 2,119 follow-up inspections were undertaken. The Committee requests the Government to pursue its efforts to develop and implement a clear and coherent national labour inspection policy, aimed at ensuring the protection of workers. Noting that no violations were detected during the majority of inspections, the Committee urges the Government to pursue its efforts with respect to strategic planning and the development of modern strategic inspection plans, and to provide further information on the manner in which it identifies priorities and targets for inspection. It also requests the Government to continue to provide information on measures taken to ensure the recruitment of labour inspectors and interpreters able to speak the languages of migrant workers, and on the number of labour inspectors, disaggregated by gender. Lastly, it requests the Government to continue to take measures to increase the coverage of inspection visits, including smaller workplaces employing vulnerable migrant workers, and to continue to provide information on the total number of inspections undertaken, specifically disaggregated between announced, unannounced and routine, and also between complaint-based, accident-based and follow-up inspections.

Articles 5(a), 17, 18 and 21(e). Effective cooperation between the labour inspectorate and the justice system, legal proceedings and effective enforcement of adequate penalties. The Committee previously noted a report commissioned by the Government recommending bolstering the powers of labour inspectors who, upon detecting non-compliance, only have the power to draw up infringement reports. These infringement reports are then referred to the courts for further action for any sanction to be applied. The Committee also noted that the outcome of most inspections was no further action and it welcomed the Government’s indication that it was prepared to consider other powers that may be granted to labour inspectors in order to enforce the law. Further, the Committee once again noted that no information had been provided on the specific penalties applied in cases where decisions had been handed down by courts.

The Committee notes the information provided by the Government in response to its previous request, concerning the increase in the number of infringement reports referred to courts which was 676 in 2015, 1,142 in 2016, 657 in the first six months of 2017 and 1,235 in the first eight months of 2018. The Committee also notes the statement in the Government’s report that it will communicate statistics on the outcome of cases referred to the judiciary by the Labour Inspection Department, but notes with regret that no such information has been provided despite the repeated requests from the Committee. The Committee notes the Government’s indication that the technical cooperation between the Government and the ILO includes a review of relevant legislation in order to strengthen the enforcement powers of labour inspectors and their collaboration with the judicial system in line with the Committee’s recommendations. The Committee requests the Government to take steps, in the context of the ongoing technical cooperation, to strengthen the effectiveness of enforcement mechanisms, including measures to provide enhanced enforcement powers to labour inspectors and further measures to promote effective collaboration with the judicial system (including the exchange of information on the outcome of cases referred to courts). In this respect, it once again urges the Government to provide the information requested on the outcome of cases referred to the judiciary by labour inspectors through infringement reports, including the penalties imposed by virtue of the Labour Law (acquittal, fines, including amounts, or prison sentences as applicable) and the legal provisions to which they relate, distinguishing these cases from those brought to court by workers themselves. It also requests the Government to provide comprehensive statistics on the other enforcement activities of the labour inspectorate.

Articles 5(a), 9 and 13. Labour inspection in the area of OSH. OSH inspections and preventive activities of the labour inspectorate. The Committee notes the information provided by the Government in response to its previous request that, in the first eight months of 2018, 13,916 OSH inspections were undertaken in 4,715 companies. The inspections undertaken resulted in 2,778 warnings to remedy infringements, 2,657 issuances of advice on OSH issues and 54 infringement reports. The Committee also notes with concern the Government’s indication that the rate of workers’ deaths in occupational accidents has increased significantly, rising to 117 deaths in 2017 (compared to 35 deaths in 2016, 24 in 2015 and 19 in 2014), and that the statistics provided on fatal accidents are not disaggregated by occupation or sector. The number of workers injured (with serious or moderately serious injuries) in occupational accidents in the first half of 2018 was 238 (compared to 245 during the same period in 2017). The Government indicates that it is taking a number of measures to reduce the rate of occupational injuries and accidents. This includes, in the context of the technical cooperation programme, steps to enhance the OSH system, implementation of an OSH policy, strengthening the training of OSH inspectors and carrying out competency tests for such inspectors, as well as awareness-raising campaigns on the means of prevention against occupational accidents. The Government indicates that these measures are necessary in view of the importance of strengthening the capacity of the Labour Inspection Department with respect to OSH in all sectors, including construction. The Government further indicates that the technical cooperation will include a gap analysis on the Occupational Safety and Health Convention, 1981 (No. 155), with a view to ratifying that instrument. Lastly, the Committee notes the Government’s statement that pursuant to section 100 of the Labour Law, inspectors have the authority to prepare an urgent report, to be referred to the Minister, if they detect an imminent danger in the workplace and that these reports will result in the Minister issuing a decision of partial or total closure until the hazard is removed, while requiring non-compliant employers to pay workers’ wages during the period of closure. The Committee urges the Government to take immediate measures to address the increase in the number of fatal occupational accidents, including further measures to strengthen the capacity of labour inspectors with respect to the monitoring of OSH. The Committee requests the Government to continue to provide information on the number of occupational accidents, including fatal occupational accidents, and to indicate for fatal occupational accidents the occupation or sector concerned (such as construction, energy or hospitality services). It requests the Government to continue to provide information on the preventive activities of the inspectorate and the number and type of OSH inspection visits undertaken (indicating whether they are announced, unannounced, routine, in response to a complaint or to an accident, or follow-up), the number of violations detected, the number of infringement reports issued and, in particular, the information previously requested concerning the follow-up given by the judicial authorities to such infringement reports. The Committee also requests the Government to provide information on the implementation in practice by labour inspectors of the power, in accordance with Article 13, to make orders requiring measures with immediate executory force in the event of imminent danger to the health or safety of the workers, indicating the number of urgent reports and closure decisions issued under section 100 of the Labour Law.

OSH in the construction sector. The Committee previously noted that the Supreme Committee for Delivery and Legacy and the Ministry of Administrative Development and Labour and Social Affairs concluded a Memorandum of Understanding (MoU) with Building and Wood Workers’ International (BWI) with the goal of protecting the OSH of workers in 2022 World Cup projects, and that joint field visits with BWI began in 2017.

The Committee notes the statistical information provided by the Government on the inspection visits undertaken to 2022 World Cup project sites. The Committee also notes the Government’s statement that collaboration with BWI is ongoing in order to review and evaluate training systems on OSH, but it observes an absence of information in reply to the Committee’s previous request on any further joint inspections undertaken. The Committee further notes the Government’s indication that approximately 50 per cent of occupational accidents in the first half of 2018 (118 out of 238 accidents) were caused by falls, a slight increase from the same period in 2017 (110 accidents representing 45 per cent). The Committee urges the Government to continue to strengthen the capacity of the labour inspectorate with respect to OSH in the construction sector and to provide information on the measures taken in that respect, including capacity building for OSH inspectors related to preventive measures protecting against falls from heights. In addition, the Committee once again requests the Government to provide detailed statistics on the number of joint inspections undertaken under the MoU with BWI and on their outcome.

Article 7. Recruitment and training of labour inspectors. The Committee notes the information provided by the Government on the training provided to labour inspectors in the first six months of 2018, including the number of participants and the type of training. It also notes the Government’s indication that training is one of the major elements of the technical cooperation between the Government and the ILO, and that this includes an analysis of training needs of inspectors and the formulation of a training plan. The Committee notes the Government’s statement that achieving enforcement of the Labour Law and its observance requires building the capacities of labour inspectors. The Committee further takes due note of a number of study visits planned for inspectors to learn about other systems of inspection, as well as an MoU signed with the United Kingdom Health and Safety Executive with respect to some of the capacity-building and development needs of inspectors. The Committee requests the Government to pursue its efforts to ensure that inspectors receive adequate training for the performance of their duties (noting that the total number of participants in training for the first six months of 2018 was less than one half of all inspectors). It requests the Government to continue to provide information on the training provided, including within the framework of the technical cooperation programme, specifying the number of labour inspectors that received training, the duration of such training and the subjects covered. It also requests the Government to provide further information on the recruitment process for labour inspectors, including the qualifications required and the induction training provided to new inspectors.

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 7 of the Convention. Capacity of labour inspectors. The Committee notes the information provided by the Government, in response to its previous request concerning measures to ensure that new inspectors are adequately trained, on the number of inspectors who received training in the first half of 2017 (115 men and 55 women), including on communication skills, provisions of the Labour Law, occupational safety and health, basic administrative skills, legal enforcement, and the development of work programmes. The Committee further notes that training for labour inspectors is a component of the technical cooperation programme between the Government and the ILO for 2018–20, especially in the field of occupational safety and health (OSH), including the training of a team of inspectors for rapid response visits. The Committee requests the Government to continue to take measures to ensure that inspectors receive adequate training for the performance of their duties. It requests the Government to continue to provide information on the training provided, including within the framework of the technical cooperation programme, specifying the number of labour inspectors that received training, the duration of such trainings, and the subjects covered.

Article 16. Self-evaluations submitted to the labour inspectorate. The Committee notes the information provided by the Government concerning self evaluations covering OSH conditions outlined in the Labour Law conducted by undertakings employing more than 100 workers. The self-evaluation forms submitted to the labour inspectorate are then audited and inspection priorities established based on the data received. With reference to paragraphs 486–488 of its 2017 General Survey on certain OSH instruments, the Committee recalls that self-evaluations can be an important complementary tool to achieve compliance, but should not be considered as a replacement for the supervisory and enforcement functions of the labour inspectorate. Noting the Government’s indication that inspection priorities are established based on the information provided by undertakings in self-evaluations, the Committee requests the Government to provide information on the manner in which the labour inspection verifies the information submitted including any confirmatory reviews and/or unannounced inspections carried out at these undertakings.

Articles 14 and 21(f) and (g). Notification. Occupational accidents. The Committee notes that the technical cooperation project with the ILO for 2018–20 includes operationalizing a system for registering occupational accidents and diseases. The Committee notes in this respect the Government’s indication in its report that labour inspectors investigate work-related accidents and injuries reported to police departments or received through complaints. In this respect, it recalls that Article 14 of the Convention provides that the labour inspectorate shall be notified of occupational accidents. The Committee requests the Government to provide information on the measures taken to ensure that the labour inspectorate is notified of all occupational accidents and to provide information on the procedures in place in that respect.

Occupational diseases. The Committee notes the indication of the Government, in reply to the Committee’s previous request, concerning the difficulties faced in the detection of cases of occupational diseases, in light of the latency period for such diseases and the fact that many migrant workers are engaged on short-term contracts. The Government indicates, however, that the Ministry of Administrative Development, Labour and Social Affairs is currently working, in coordination with the Ministry of Public Health, to develop an advanced mechanism for the detection of occupational diseases among workers employed in the country. It further highlights that this will be dealt with under the technical cooperation programme between the Government and the ILO. Taking due note of the difficulties faced by the Government, the Committee notes that it has not provided information on any cases of occupational disease detected or reported in the country. The Committee requests the Government continue to provide information on the measures introduced to improve the detection and identification of cases of occupational disease as well as their notification to the labour inspectorate, including any efforts to collect information from governments in countries that provide the largest numbers of migrant workers. It requests the Government to pursue its efforts to ensure that future annual reports on the activities of the labour inspectorate contain statistical information on such cases, in conformity with Article 21(g).

Article 15(c). Obligation to treat as confidential the existence of a complaint giving rise to an inspection. Legislation. The Committee previously noted that Ministerial Order No. 13 of 2005 requires labour inspectors to maintain confidentiality in relation to only the author of a complaint giving rise to an inspection, but not with respect to the fact that an inspection was undertaken pursuant to a complaint. The Government indicated in this respect that Ministerial Order No. 13 of 2005 was in the process of being amended with a view to including the requirement that an inspector not reveal the source of the complaint, nor give any intimation that a visit was made in response to a complaint. The Committee notes in this respect the Government’s indication that the amendment to Ministerial Order No. 13 of 2005 is still undergoing legislative procedures, and that it will be communicated upon its adoption. The Committee recalls that the Government has been referring to the possibility of such an amendment since 2014. The Committee requests the Government to continue to provide information on the progress made with respect to amending Ministerial Order No. 13 of 2005 and urges the Government to complete its process of amendment, and to provide a copy of any legislation adopted in this regard.

Practical measures. The Committee notes the Government’s indication that it aims, in the context of the technical cooperation project, to carry out proactive inspection visits, not based solely on complaints. In this respect, the Committee recalls that in order to better guarantee confidentiality regarding any connection between a complaint and an inspection visit, it is important to ensure that a sufficient number of inspection visits are conducted independent of complaints. The Committee requests the Government to pursue its efforts to ensure that an increased number of proactive inspections, independent of a complaint, are undertaken to ensure that when inspections are conducted as a result of a complaint, the fact of the complaint (as well as the identity of the complainant) is kept confidential.

Articles 20 and 21. Publication and content of the annual report on the work of the labour inspectorate. The Committee notes with interest the communication, by the Government, of its annual labour inspection report for 2016, containing information concerning the laws and regulations relevant to the work of the inspection service (Article 21(a)); the staff of the labour inspection service (Article 21(b)); statistics of inspection visits (Article 21(d)); and statistics of industrial accidents (Article 21(f)). With respect to Article 21(e) and with reference to its observation, the Committee observes that the report contains information on the number of inspection visits where a notice to remedy a violation was issued or an infringement report prepared, as well as the number of inspections which resulted in a prohibition issued on the company (stopping the granting of work permits and transactions with the ministries), but that no information is provided on any penalties imposed by virtue of Chapter 16 of the Labour Law. It further observes, with reference to its comments above concerning Articles 14 and 21(g), an absence of information on the number of cases of occupational disease detected. Lastly, it notes an absence of statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)), but notes the Government’s indication in its report that the technical cooperation project includes measures to ensure that inspection procedures cover all undertakings and workplaces prescribed by the Labour Law and that it is taking measures to create an inventory of all undertakings through field surveys. The Committee requests the Government to continue to communicate a copy of its annual labour inspection report, in accordance with Article 20, and to pursue its efforts to ensure that it contains all the information outlined in Article 21(a)–(g).

[The Government is asked to reply in full to the present comments in 2018.]

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2017.

Closure of the complaint under article 26 of the ILO Constitution. The Committee recalls that the Governing Body, at its 331st Session (November 2017), commended: (i) the measures taken by the Government to effectively implement Law No. 21 of 2015 relating to the entry, exit and residence of migrant workers and to follow up on the high-level visit assessment; (ii) the official transmission of Law No. 15 on Domestic Workers and of the Law establishing Workers’ Dispute Resolution Committees of 2017; and (iii) the information provided on the technical cooperation programme between the Government and the ILO (2018–20). In that respect, the Governing Body: (a) supported the agreed technical cooperation programme and its implementation modalities between the Government and the ILO; and (b) decided to close the complaint procedure under article 26 concerning non-observance by Qatar of the Forced Labour Convention, 1930 (No. 29), and the Labour Inspection Convention, 1947 (No. 81), made by delegates to the 103rd Session (2014) of the International Labour Conference.

Articles 8, 10 and 16 of the Convention. Sufficient number of labour inspectors and coverage of workplaces. The Committee previously noted that while the number of labour inspectors had increased (from 200 inspectors in 2014 to 397 in 2016), along with the number of inspections undertaken, only four interpreters proficient in the most prevalent languages spoken by workers had been appointed in the Labour Inspection Department. It recalled that the strengthening of the labour inspection services should be supported by the development of an inspection strategy targeting as a priority the protection of vulnerable migrant workers against abusive practices in small companies which are subcontracted by larger companies or recruited from manpower companies.

The Committee notes the observations of the ITUC indicating that while the Government has hired additional labour inspectors in recent years, including female inspectors, the low number of interpreters remains a serious issue as it is extremely difficult to conduct a thorough inspection without an interpreter to interact with the migrant workforce. The ITUC states that inspectors who are not accompanied by an interpreter would not be able to collect evidence from workers who are unable to speak either Arabic or English.

The Committee notes the information provided by the Government in its report in response to its previous request, that, in 2016, a total of 44,540 inspection visits were conducted, in comparison with 25,575 inspection visits in 2010. The first half of 2017 saw 19,463 inspection visits (both labour inspection and occupational safety and health (OSH) inspection visits), as well as 6,080 field survey operations. The Committee takes due note that these inspections focused on small companies (with less than 20 workers), which comprised 83 per cent of labour inspection visits and 47 per cent of OSH inspections. It further notes the detailed information provided on the measures taken to monitor the disbursement of workers’ wages by the Wage Protection Division. With respect to inspection staff, the Government indicates that the number of labour inspectors has remained stable since May 2016 (at 397 inspectors), although the number of female inspectors has fallen slightly (61 in 2017, compared with 69 in 2016). The Government indicates that 96 labour inspectors are able to speak English and Arabic; in addition four interpreters on staff who do not perform inspections duties are able to speak other languages spoken by migrant workers.

The Committee welcomes that the technical cooperation project signed between the Government and the ILO for 2018–20 includes the implementation of a labour inspection policy and strategy. The Government indicates that, in this framework, it aims to increase the number of interpreters accompanying inspectors in order to permit interaction with workers during inspection visits. It further indicates that the main themes of the project include, in the immediate term, measures to ensure that inspections cover all undertakings and workplaces prescribed by the Labour Law and the carrying out of random and proactive inspection visits (not based solely on complaints). The Committee urges the Government, in the context of its cooperation with the ILO, to make every effort to develop and implement a clear and coherent inspection strategy aimed at ensuring the protection of workers and the increased coverage of workplaces, including smaller workplaces employing vulnerable migrant workers. It further urges the Government to pursue its efforts to ensure the recruitment of labour inspectors and interpreters able to speak the languages of migrant workers, and to continue to provide information on the number of inspectors and other staff hired in this regard. It requests the Government to take the necessary measures to continue increasing the coverage of inspection visits, including through proactive visits, and to provide information on the total number of inspections undertaken, disaggregated between announced, unannounced, routine, complaint-based, accident-based and follow-up inspections.

Articles 5(a), 17, 18 and 21(e). Effective cooperation between the labour inspectorate and the justice system, legal proceedings and effective enforcement of adequate penalties. The Committee previously noted that the article 26 complaint alleged that the country’s labour inspection and justice system had proven inadequate in enforcing national legislation, that inspectors have little power to enforce findings and that fines are far from dissuasive and in some cases non-existent. It further noted that a report commissioned by the Government recommended bolstering the powers of labour inspectors who, upon detecting non-compliance, only have the power to draw up infringement reports. These infringement reports are then referred to the courts for further action for any sanction to be applied. While noting that non-complying undertakings can be placed on a prohibition list, meaning that they will not be granted new work permits and are prohibited from engaging in transactions with the Ministry of Labour and the Ministry of the Interior, the Committee further noted that the outcome of most inspections was no further action. The Committee also noted once again that no information had been provided on the specific penalties applied in cases where decisions had been handed down by courts.

In this respect, the Committee notes that the ITUC highlights that, according to the information provided by the Government to the Governing Body in February 2017, infringement reports were only drafted for 1.2 per cent of cases. The ITUC states that the information on labour inspection provided by the Government consistently failed to indicate whether violations have actually been addressed, workers have received remedies, or penalties have been imposed.

The Committee notes the information provided by the Government in response to its previous request, that the number of infringement reports referred to court was 859 in 2014, 676 in 2015, 1,142 in 2016, and 687 in the first half of 2017. It notes with regret that the Government does not provide information on the outcome of these cases, despite repeated requests from the Committee, including for information on the number of judgments rendered as a result of their referral by the labour inspectorate and any penalties (fines or imprisonment) imposed by the judiciary. While noting the information provided by the Government on the number of judgments rendered by the workers’ circuit (1,436 in the first half of 2017), the Committee observes that the Government does not provide further information on the nature of the judgments or indicate if these cases include those referred to the judiciary by labour inspectors. The Committee notes, however, the detailed information provided by the Government on the number of warnings to remedy violations issued by inspectors (8,681 in 2014, 18,979 in 2015 and 14,950 in 2016) and the number of prohibitions issued (stopping the granting of work permits and transactions with the ministries), which declined from 1,487 in 2014 to 929 in 2015 and 898 in 2016. It further takes due note of the detailed information provided on the monitoring of wage payments via the Wage Protection System including the suspension of 22,460 transactions where violations were detected in the first half of 2017 (involving 18,997 companies) and the subsequent lifting of the suspension following a remedy in 21,681 cases.

The Committee takes due note that one objective of the technical cooperation project between the Government and the ILO for 2018–20 is ensuring that the enforcement powers of labour inspectors are effective. It welcomes, in that respect, the Government’s indication in its report that it is prepared to consider other powers that may be granted to labour inspectors in order to enforce the law. The Committee urges the Government to take immediate steps, in the context of the ongoing technical cooperation, to strengthen the effectiveness of enforcement mechanisms, including measures to provide enhanced enforcement powers to labour inspectors and further measures to promote effective collaboration with the judicial system (including with regard to the exchange of information on the outcome of cases referred to courts). In this respect, it once again urges the Government to provide the information requested on the outcome of cases referred to the judiciary by labour inspectors through infringement reports, including the penalties imposed by virtue of the Labour Law (acquittal, fines, including amounts, or prison sentences, etc.) and the legal provisions to which they relate, distinguishing these cases from those brought to court by workers themselves. It also requests the Government to continue to provide comprehensive statistics on the other enforcement activities of the labour inspectorate.

Articles 5(a), 9 and 13. Labour inspection in the area of OSH. OSH inspections and preventive activities of the labour inspectorate. The Committee notes the information provided by the Government in response to its previous request that, in the first half of 2017, 8,151 OSH inspections were undertaken in 3,324 companies (compared with 14,526 inspections undertaken in 2016 in 5,144 companies, and 20,777 OSH inspections in 2015 in 4,473 undertakings). The inspections undertaken in 2017 resulted in 2,606 warnings to remedy infringements, 1,263 issuances of advice on OSH issues and 44 infringement reports. The Committee notes with regret that no information is provided on the follow-up given to these infringement reports. The Committee notes that the number of workers injured in occupational accidents in the first half of 2017 was 245, compared with 582 such injuries in 2016. There were 12 deaths due to occupational accidents in the first half of 2017, compared with 35 deaths in 2016, 24 such deaths in 2015 and 19 such deaths in 2014.

The Committee notes that the technical cooperation project with the ILO for 2018–20 includes enhancing the OSH system and the implementation of an OSH policy. Noting with concern the increasing number of fatal occupational accidents reported between 2014 and 2016, the Committee urges the Government to pursue its efforts to strengthen the capacity of labour inspection with respect to monitoring OSH. It requests the Government to continue to provide information on the preventive activities of the inspectorate and the number and type of OSH inspection visits undertaken (indicating whether they are announced, unannounced, routine, in response to a complaint or to an accident, or follow-up), the number of violations detected, the number of suspensions of workplaces or machines in the event of a serious danger to the health and safety of workers, the number of infringement reports issued and, in particular, the information previously requested concerning the follow-up given by the judicial authorities to such infringement reports.

OSH in the construction sector. The Committee previously noted that the Supreme Committee for Delivery and Legacy and the Ministry of Administrative Development and Labour and Social Affairs concluded a Memorandum of Understanding (MOU) with the Building and Wood Workers’ International (BWI) with the goal of protecting the occupational safety and health of workers in 2022 World Cup projects, including through the organization of joint inspection visits and the setting up of a training team specialized in OSH inspection.

The Committee notes with interest the information in the Government’s report that the first joint field visit with the BWI was held in February 2017. The Government indicates that the MOU has had a major impact on the protection of the rights of construction workers in infrastructure projects for the World Cup. It also notes that, in 2017, the Government organized a conference on OSH in the construction sector, focusing on best practices in hazard prevention. The Committee further notes the Government’s indication that 45 per cent of the occupational accidents in the first half of 2017 (110 accidents) were caused by falls and another 12 per cent by the fall of heavy objects. The Committee requests the Government to continue to strengthen the capacity of the labour inspectorate with respect to OSH in the construction sector and to provide information on the measures taken. It requests the Government to provide detailed statistics on the number of joint inspections undertaken under the MOU with the BWI and on their outcome.

[The Government is asked to reply in full to the present comments in 2018.]

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 7 of the Convention. Capacity of labour inspectors. In its previous comment, the Committee noted that the report of the high-level mission to Qatar in February 2015 (GB.323/INS/8(Rev.1) stated that intensive and ongoing training of labour inspectors should be pursued. It also noted the information provided by the Government in its report on the plans for the future training of labour inspectors. In reply to its request for details concerning the training of labour inspectors, the Committee notes the Government’s indication that in 2016 110 inspectors were trained, in collaboration with the ILO, and refers to the training courses held for inspectors during 2015–16 (including in the area of OSH, inspection procedures and the drawing up of inspection reports, etc.). The Committee also notes from the report of the Government in its report to the 328th Session of the Governing Body (November 2016) that all labour inspectors have participated in one or more training courses. Noting the number of recently hired inspectors, the Committee requests that the Government continue to take steps to ensure that new inspectors are adequately trained for the performance of their duties, and provide information on the ongoing training of labour inspectors (including on the number of labour inspectors that received training and the subjects covered, including OSH, passport confiscation, conditions of work and timely wage payments.

Articles 14 and 21(g) of the Convention. Cases of occupational diseases. The Committee notes that the Government indicates, in reply to the Committee’s previous request for information on the measures to improve the identification of cases of occupational diseases, that there are serious efforts to upgrade the unit on occupational safety and health (OSH) to a full department at the Labour Inspection Department. The Government further indicates that the OSH Department will be supported by financial and human resources and equipped with the necessary experience and skills to improve the detection of cases of occupational diseases, in coordination with the competent medical bodies. The Committee requests that the Government continue to provide information on the measures introduced to improve the detection and identification of cases of occupational disease, and ensure that future annual reports on the activities of the labour inspectorate contain statistical information on such cases, in conformity with Article 21(g).

Article 15(c). Obligation to treat as confidential the existence of a complaint giving rise to an inspection. The Committee previously noted that Ministerial Order No. 13 of 2005 requires labour inspectors to maintain confidentiality in relation to only the author of a complaint giving rise to an inspection, but not with respect to the fact that an inspection was undertaken pursuant to a complaint. In reply to the Committee’s request to bring the national legislation into conformity with the requirement of Article 15(c), the Committee notes the Government’s indication that Ministerial Order No. 13 of 2005 is currently in the process of being amended with a view to including the requirement that an inspector not reveal the source of the complaint, nor give any intimation that a visit was made in response to a complaint. The Government adds that a copy of the amendment will be communicated upon its adoption. The Committee requests that the Government continue to provide information on the progress made with the amendment of Ministerial Order No. 13 of 2005, and provide a copy of any legislation adopted in this regard.

Articles 20 and 21. Publication and content of the annual report on the work of the labour inspectorate. The Committee notes that the Government indicates, in reply to the Committee’s previous request concerning the communication of annual labour inspection reports and statistics, that annual labour inspection reports with information on all the subjects listed in Article 21(a)–(g) are regularly prepared, and that reports for 2015 and the first quarter of 2016 have already been communicated to the Office. The Committee notes that no annual report on the labour inspection activities have been received by the Office, but that the Government has communicated detailed inspection statistics in its report on a number of inspection issues. It notes however that not all of the statistics as required under Article 21 have been communicated, including statistics on workplaces liable to inspection and the number of workers employed therein (Article 21(c)), statistics on penalties imposed (Article 21(e)) and statistics on occupational diseases (Article 21(g)). The Committee notes the Government’s indication that it is currently working on a mapping system to facilitate access to workplaces liable to inspection. The Committee requests that the Government take the necessary measures to ensure that annual labour inspection reports are published and that these reports are transmitted to the ILO (containing information on all of the subjects covered by Article 21(a)–(g)).

[The Government is asked to reply in full to the present comments in 2017.]

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee recalls that, at the 103rd Session of the International Labour Conference in June 2014, the application of Convention No. 81 by Qatar was discussed by the Committee on the Application of Standards (CAS). Moreover, a complaint was filed against the Government of Qatar relating to the violation of the Forced Labour Convention, 1930 (No. 29) and Convention No. 81 under article 26 of the International Labour Organisation (ILO) Constitution, and was declared receivable at the Governing Body’s 322nd Session (November 2014). The complaint alleges that the problem of forced labour affects the large migrant worker population, indicating that the Government fails to maintain a legal framework sufficient to protect the rights of migrant workers and to enforce the legal protections that currently do exist.

At its 325th Session (November 2015), the Governing Body decided to request that the Government receive a high-level tripartite visit to assess all the measures taken to address the issues raised in the complaint. This visit was received by the Government from 1 to 5 March 2016. At its 326th Session (March 2016), the Governing Body examined the mission report of the high-level tripartite delegation (GB.326/INS/8(Rev.)). It decided to request that the Government report on the follow-up given to the assessment in this report at the 328th Session (November 2016). Having examined the reports submitted by the Government to that session (GB.328/INS/11(Rev.)), the Governing Body decided to defer further consideration on the setting up of a Commission of Inquiry until its 329th Session (March 2017).

Articles 8, 10 and 16. Sufficient number of labour inspectors and coverage of workplaces. The Committee recalls that the article 26 complaint indicated that the inspectorate had few staff who, in addition, were unable to speak the languages of most workers, and that similar findings were made during a high-level mission to Qatar in February 2015, the report of which was submitted to the Governing Body in March 2015 (GB.323/INS/8(Rev.1). In its comments adopted in 2015, the Committee noted an increase in the number of labour inspectors from 200 to 294, but also noted the observations made by the International Trade Union Confederation (ITUC) that this number was still insufficient to effectively control compliance in workplaces. The Committee notes the findings in the high-level tripartite mission report submitted to the Governing Body in March 2016 (GB.326/INS/8(Rev.)) that the strengthening of the labour inspection services should be supported by the development of an inspection strategy targeting as a priority the protection of the most vulnerable migrant workers against abusive practices in small companies which are subcontracted by larger companies or recruited from manpower companies.

The Committee welcomes the Government’s indication in its report that the number of labour inspectors continued to increase to 397 labour inspectors in September 2016 (including 69 women inspectors in May 2016), and that, between 2014 and 2015, the number of labour inspection visits increased from 50,994 to 57,013 inspections. It also notes from the statistics provided by the Government that 10,052 of the 24,914 inspection visits undertaken in the first semester of 2016 were carried out in workplaces with ten or fewer workers. In reply to its previous request concerning the language capacities within the labour inspectorate, the Government indicates that four interpreters proficient in the most prevalent languages spoken by workers were appointed in the Labour Inspection Department, and that the Government seeks to increase the number of interpreters in accordance with future needs. In this context, the Committee also notes the information provided by the Government in its report to the 328th Session of the Governing Body (November 2016) that symposia and meetings are convened on a regular basis with employers and communities of expatriate workers in order to familiarize them with respect to labour laws, and their implementation in order to safeguard the rights of expatriate workers. Noting that there are currently four interpreters employed at the Labour Inspection Department speaking the language of migrant workers and that there are 397 labour inspectors and about 1.7 million migrant workers in the country, the Committee requests that the Government continue its efforts to ensure the recruitment of labour inspectors and interpreters able to speak the language of migrant workers, and to provide information on the number of inspectors and other staff hired in this regard. It also requests the Government to provide information on the inspection strategy devised to achieve sufficient coverage of workplaces by labour inspection, including by targeting small companies employing vulnerable migrant workers.

Articles 5(a), 17, 18 and 21(e). Effective cooperation between the labour inspectorate and the justice system, legal proceedings and effective enforcement of adequate penalties. The Committee recalls that the article 26 complaint stated that the country’s labour inspection and justice system had proven highly inadequate in enforcing the few rights that migrant workers do have under Qatari law, that inspectors have little power to enforce findings and that fines are far from dissuasive or in some cases non-existent. The Committee notes that similar findings were made in the report of the high-level mission (GB.323/INS/8(Rev.1)) and in the recent report of the high-level tripartite delegation (GB.326/INS/8(Rev.)). The latter report stated that challenges remained with respect to the capacity of the labour inspectorate to detect various irregularities, borne out by the relatively small number of violations detected in comparison to the large number of migrant workers in the country. In its comments made in 2014 and 2015, the Committee also noted that a report on migrant workers commissioned by the Government recommended a number of measures, including bolstering the powers of labour inspectors who only have the power to draw up infringement reports when detecting non-compliance but not to apply sanctions and who must refer these reports to the courts for further action. While the Committee noted in its last report that a permanent office had been set up at the labour inspectorate to support cooperation with the judicial system to facilitate prosecution, the Committee nevertheless noted that the outcome of most inspections was no further action and that the Government had not provided information on the specific penalties applied in the cases where decisions had been handed down by courts.

The Committee notes the information provided by the Government in its report that the labour inspectorate carried out 57,013 inspection visits in 2015 as a result of which 18,979 warnings to remedy violations and 666 infringement reports were issued, that is to say only 1.2 per cent of inspection visits led to infringement reports. While the Government notes that the infringement reports were subsequently referred to the judicial system, the Committee notes that the Government once again does not provide the requested information on the penalties imposed by the courts as a result. The Government also refers to the fact that non-complying undertakings can be placed on a prohibition list, which means that they will not be granted new work permits and are prohibited from engaging in transactions with the Ministry of Labour and the Ministry of the Interior (in 2015, 929 undertakings were placed on the prohibition list). While the Committee notes the Government’s indication that the decrease in the number of more robust enforcement measures, such as the drawing up of infringement reports against non-compliant companies (referral to public prosecution), reflects the increased efficiency and improved performance of the labour inspectorate, the Committee nevertheless considers that doubts remain with regard to the dissuasiveness of labour inspection, as in 2015, only 1.2 per cent of all inspection visits resulted in infringement reports (with no information on any penalties imposed by the judiciary as a result). As to the dissuasiveness of fines, the Committee also notes the Government’s indication that draft Law No. 21 of 2015 (which is proposed to enter into force in December 2016) provides for increased penalties for non-compliance with the Labour Code, including for the failure to pay wages on time. The Committee requests that the Government take steps to strengthen the effectiveness of enforcement mechanisms, including measures to provide enhanced enforcement powers to labour inspectors and further measures to promote effective collaboration with the judicial system (including with regard to the exchange of information on the outcome of cases referred to the judicial system).

The Committee requests that the Government continue to provide comprehensive statistics on the enforcement activities of the labour inspection activities and urges it to provide the missing information on their outcome (that is, the penalties imposed as a result of inspection activities and the legal provisions to which they relate). In addition, it requests the Government to provide detailed information on the possibility of placing undertakings on the so-called “prohibition list” (including information on the competent authority for the taking of such decisions, the type of violations which may justify such a decision, the duration of such a decision, and the practical consequences that may result from such a decision).

Concerning the strengthening of the available complaints mechanisms, which the article 26 complaint had considered to be ineffective, the Committee refers to its comments on the application of Convention No. 29. Noting the information under Convention No. 29 that the permanent office at the labour inspectorate is intended to help workers initiate legal procedures free of charge, and follow up on their complaints and lawsuits, the Committee requests that the Government indicate the number of labour inspectors assigned to this office and their time spent on assisting workers to pursue their claims before the courts.

Articles 5(a) and 14. Labour inspection in the area of occupational, safety and health (OSH). The Committee recalls that during the discussion on the application of the Convention at the CAS in 2014, several speakers indicated that the strengthening of labour inspection would contribute to protecting OSH of migrant workers, particularly in the construction sector where several fatal occupational accidents had occurred. The Committee notes the Government’s indication, in reply to its previous request on the measures taken to strengthen the capacity of labour inspection in relation to OSH, that it seeks to upgrade the OSH unit at the Ministry of Labour and Social Affairs entrusted with OSH inspections and the registration of occupational accidents to a full department, through the strengthening of its capacities to ensure migrant workers’ safety and health, especially in the construction sector. In this respect, the Committee also notes from the statistics provided by the Government in its report that about a third of inspections in 2014 and 2015 were undertaken in the area of OSH and that the number of OSH inspections increased from 17,117 to 20,777. The Committee further notes the explanation provided by the Government that, where a “regular” OSH violation is detected (that is, a violation other than one that threatens the safety of workers), a compliance notice is issued requesting the rectification of the violation within 15 days. Where the employer has not rectified the violation, an infringement report will be issued during a follow-up visit. In this context, the Committee notes that in 2015, 8,452 warnings to remedy infringements and only 344 infringement reports were issued (in addition to the 174 undertakings that were placed on the prohibition list). The Committee notes however that the Government has once again not provided the requested information on the penalties issued as a result of these infringement reports (that were referred to public prosecution). The Committee finally notes that the Government has communicated statistics on industrial accidents for 2014, 2015 and for the first quarter of 2016, including on the requested number of fatal accidents (that is, 19, 24 and six fatal accidents).

The Committee also notes from the Government’s report submitted to the 328th Session of the Governing Body that the Supreme Committee for Delivery and Legacy, the Ministry of Administrative Development and the Labour and Social Affairs concluded a draft Memorandum of Understanding (MoU) with the Building and Wood Workers’ International (BWI). This was to be signed in November 2016 to protect the occupational safety and health of workers in World Cup projects, including through the organization of joint inspection visits and the setting up of a training team specialized in OSH inspections. The Committee requests that the Government provide information on the joint activities carried out by the Supreme Committee for Delivery and Legacy, the Ministry of Administrative Development, Labour and Social Affairs and BWI. It further requests that the Government provide statistics on the inspection activities undertaken in the area of OSH, including the number and type of inspection visits undertaken (announced, unannounced, routine, in response to a complaint, follow-up), the number of violations detected, the number of suspensions of workplaces or machines in the event of a serious danger to the health and safety of workers, the number of infringement reports issued and in particular the information that has not yet been provided, that is to say the follow-up given by the judicial authorities to infringement reports (acquittal, fine or prison sentence, etc.). It also requests the Government to provide detailed information on the number and type of violations as a result of which undertakings were placed on the prohibition list.

Noting that the Government has not provided a reply in this regard, the Committee once again requests that the Government take measures to ensure coordination between labour inspectors and inspectors in the occupational safety and health department, and to provide information on the specific steps taken in this regard.

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

[The Government is asked to reply in full to the present comments in 2017.]

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 14 and 21(g) of the Convention. Cases of occupational diseases. Following its previous comments, the Committee notes the information provided by the Government concerning the number of cases of occupational disease identified in 2011 and 2012, as well as the number of periodic medical examinations undertaken. The Committee requests the Government to provide information on the measures introduced to improve the detection and identification of cases of occupational disease and to ensure that future annual reports on the activities of the labour inspectorate contain statistical information on such cases, in conformity with Article 21(g).

Article 15(c). Obligation to treat as confidential the existence of a complaint. The Committee previously noted that Ministerial Order No. 13 of 2005 requires labour inspectors to maintain confidentiality in relation to only the author of a complaint giving rise to an inspection, but not with respect to the fact that an inspection was undertaken pursuant to a complaint.

The Committee notes that the Government reiterates that Ministerial Order No. 13 provides that a labour inspector shall safeguard the confidentiality of the name or names of a complainant, if an inspection is carried out in consequence of that complaint. The Government states that this is in conformity with Article 15 of the Convention. In this regard, the Committee recalls that Article 15(c) of the Convention not only requires labour inspectors to treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions, but also that they should not give any intimation to the employer or his representative that an inspection visit was made in consequence of the receipt of such a complaint. This would ensure the protection of those lodging complaints from any reprisals by the employer or his or her representative. Noting the Government’s indication that it is currently examining an amendment to Ministerial Order No. 13 of 2005, the Committee requests the Government to take steps to ensure that where an inspection is carried out in response to a complaint, the inspector is required not to give any intimation of the existence of such a complaint. It requests the Government to provide information on measures taken to this end, and to provide a copy of any legislation adopted in this regard.

Articles 20 and 21. Publication and content of the annual report on the work of the labour inspectorate. The Committee notes the information provided by the Government in its report, in response to the Committee’s previous request, on the number of workplaces liable to inspection and the number of workers employed therein. The Committee requests the Government to take the necessary measures to ensure that annual labour inspection reports are published and that these reports are transmitted to the ILO, containing information on all of the subjects covered by Article 21(a) to (g).

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Complaint under article 26 of the ILO Constitution concerning non-observance of the Forced Labour Convention, 1930 (No. 29), and the Labour Inspection Convention, 1947 (No. 81)

The Committee notes that, at the 103rd Session of the International Labour Conference (ILC) in June 2014, a complaint was filed against the Government of Qatar relating to the violation of Convention No. 29 and Convention No. 81 under article 26 of the International Labour Organization (ILO) Constitution. The complaint was declared receivable at the Governing Body’s 322nd Session (November 2014). It alleges that the problem of forced labour affects the migrant worker population of roughly 1.5 million, indicating that the Government fails to maintain a legal framework sufficient to protect the rights of migrant workers and to enforce the legal protections that currently do exist. In this regard, the complaint states that the country’s labour inspection and justice system had proven highly inadequate in enforcing the few rights that migrant workers do have under Qatari law. The complaint indicates that the inspectorate had few staff, who were unable to speak the languages of most workers, and that inspectors have little power to enforce findings and fines are far from dissuasive or in some cases non-existent. The complaint further stated that the available complaints mechanisms were ineffective.

At its 325th Session (November 2015), the Governing Body examined reports submitted by the Government. It decided to request the Government to receive a high-level tripartite visit before the 326th Session (March 2016), to assess all the measures taken to address the issues raised in the complaint. It also requested the Government to avail itself of ILO technical assistance to support an integrated approach to the annulment of the sponsorship system, the improvement of labour inspection and occupational safety and health systems, and giving a voice to workers. The Governing Body decided to defer further consideration on the setting up of a commission of inquiry until its 326th Session (March 2016).

Articles 10, 12(1)(c)(i) and (ii), and 16 of the Convention. Sufficient number of labour inspectors and coverage of workplaces. The Committee previously noted the Government’s indication that it had increased the number of labour inspectors from 200 to 227 inspectors from June to September 2014, and that the number of migrant workers in the country had risen to 1.7 million, which constituted a challenge for labour inspection. The Committee further noted that in 2014 the Special Rapporteur on the human rights of migrants, expressed regret concerning the insufficient number of labour inspectors who are not in a position to investigate thoroughly the working conditions or living conditions in labour camps, due to their small numbers and the lack of interpreters (A/HRC/26/35/Add.1).

The Committee notes the statement in the report of the high-level mission to Qatar in February 2015, submitted to the Governing Body in March 2015, that challenges remained with respect to the capacity of the labour inspectorate to detect various irregularities, borne out by the relatively small number of violations detected in comparison to the large number of migrant workers in the country, and that the capacity of the labour inspectorate needed to be expanded in order to detect irregularities in smaller companies (GB.323/INS/8(Rev.1), Appendix III)). The Committee also notes that the Committee on the Application of Standards (CAS) of the ILC, in its conclusions adopted concerning the application of Convention No. 29 in 2015, urged the Government to continue to hire additional labour inspectors and to increase the material resources available to them in order to carry out labour inspections, in particular in workplaces where migrant workers are employed.

The Committee notes the Government’s indication in its report that the number of labour inspectors has increased to 295. The Government indicates that every inspector is required to visit 40 undertakings or workplaces liable to inspection every month. The carrying out of this number of inspections is facilitated by the close distance between workplaces and by the use of handheld tablets which facilitate the preparation of reports on each inspection visit. The Committee further notes from the information provided by the Government to the Governing Body in November 2015 that the inspectorate undertook 22,601 inspection visits between January and August 2015, and an additional 12,596 inspections were undertaken on occupational safety and health (OSH). Of the regular labour inspection visits, 83 per cent were found to be “acceptable”, and no subsequent action was taken (GB.325/INS/10(Rev.), Appendix II). The Committee further notes the Government’s statement to the Governing Body that it hopes to increase the number of inspectors to 400.

The Committee notes the observations of the International Trade Union Confederation (ITUC) submitted under Convention No. 29 and received on 1 September 2015, that although the number of labour inspectors increased from 200 to 294, this number remains insufficient as it is clear that there exist a large number of workplaces that have yet to be inspected, or inspected properly. The Committee requests the Government to continue its efforts to recruit an adequate number of labour inspectors in relation to the number of workplaces liable to inspection, and to ensure sufficient coverage of all workplaces, including smaller workplaces. Moreover, noting that the outcome of most inspections was no further action, the Committee requests the Government to take steps to ensure that workplaces are inspected as thoroughly as is necessary to secure the effective application of the legal provisions relating to conditions of work and the protection of workers. Lastly, the Committee once again requests the Government to provide information on the average length of time spent by inspectors on each inspection, the average number of workers on-site, as well as the nature of records reviewed.

Articles 5(a), 17, 18 and 21(e). Effective cooperation between the labour inspectorate and the justice system, legal proceedings and effective enforcement of adequate penalties. The Committee previously noted that the Government had commissioned a report on migrant workers in the country which recommended bolstering the powers of inspectors, who were currently only able to issue recommendations and did not have the power to issue sanctions, and improving coordination with the justice system to prosecute violations.

The Committee notes the Government’s indication in its report that, to support cooperation between the labour inspectorate and judicial authorities, a permanent office was set up to facilitate the process of prosecuting labour cases. The Committee notes the Government’s indication in its report submitted to the Governing Body in November 2015 that inspectors have the power to draw up infringement reports. No penalty is applied following the drawing up of that infringement report. Instead the report is submitted to the courts for further action (GB.325/INS/10(Rev.), Appendix II). In this regard, the Committee notes the information submitted with the Government’s report on the number of cases brought in that regard between January and April 2015. It notes that, during this period, in which more than 4,000 monthly inspections were undertaken, 118 cases were referred to court. Proceedings were not initiated in 76 of those cases, and only 42 cases were brought forward. The Committee therefore observes that the outcome of approximately 17,500 inspections undertaken between January and April 2015 was the possible imposition, pending the decision of the court, of a penalty in 42 cases. In addition, recalling that Article 18 of the Convention provides that adequate penalties for violations of the legal provisions enforceable by labour inspectors shall be provided for by national laws or regulations and effectively enforced, the Committee notes with concern that once again, the Government provides no information on the specific penalties applied in the cases for which decisions have been handed down by courts. The Committee therefore urges the Government to take steps to ensure that violations of the legal provisions enforceable by labour inspectors are subject to adequate penalties that are effectively enforced. It requests the Government to strengthen the effectiveness of enforcement mechanisms, including steps to provide enhanced enforcement powers to labour inspectors and further measures to promote effective collaboration with judicial authorities. Noting that most infringement reports do not result in legal proceedings, the Committee requests the Government to indicate the reason that those so referred did not result in cases being brought forward. In addition, the Committee once again requests the Government to provide information on the specific penalties applied in the cases for which judgments are handed down. It further requests the Government to ensure that the information provided on violations detected and penalties applied indicate the legal provisions to which they relate, including with respect to passport confiscation, conditions of work, and timely wage payments.

Articles 7 and 8. Recruitment and training of labour inspectors. The Committee notes that the report of the high-level mission to Qatar in February 2015 identified the ability to communicate with workers as a challenge facing the inspectorate, and stated that intensive and ongoing training of labour inspectors should be pursued.

The Committee notes the annual training plan for labour inspection, submitted with the Government’s report. The objectives of this plan include: the development of knowledge of labour law provisions; the development of skills in the drafting of infringement reports; and ensuring that both new and existing inspectors are qualified and well trained. The training system is composed of three stages, consisting of two-week long courses, in which 15 to 20 inspectors can participate. The courses relate to a number of subjects, including OSH, various specific occupational hazards, the provisions of the Labour Law, fire prevention and statistics. It also notes the Government’s indication that it has appointed 43 female labour inspectors, representing an increase to 14.5 per cent of staff, from 8 per cent noted in 2014. The Government also states in its report that a few interpreters have been appointed in the Labour Inspection Department, and that if there is a need for an increased number the Government will provide them. However, the Committee observes that the Government does not indicate the number of interpreters that have so far been hired.

The Committee notes that the ITUC observations state that it is unclear whether the inspectors have the training and the resources to complete their tasks. The Committee requests the Government to take the necessary measures to ensure the recruitment of labour inspectors and interpreters able to speak the language of migrant workers, and to provide information on the number of inspectors and other staff hired in this regard. Noting the number of recently hired inspectors, the Committee requests the Government to continue to take steps to ensure that new inspectors are adequately trained for the performance of their duties. In this regard, it requests the Government to provide detailed information not only on the training planned for the future, but on the training that has been provided to labour inspectors, including the number of inspectors and the courses concerned. It further encourages the Government to pursue its efforts to increase the number of female inspectors.

Articles 5(a), 14 and 21(f). Labour inspection in the area of OSH. The Committee previously noted that during the discussion on the application of the Convention at the CAS in 2014, several speakers indicated that strengthening labour inspection would contribute to protecting OSH of migrant workers in the country, particularly in the construction sector where there had been several fatal occupational accidents. The Committee also noted that, although the Government provided information on the notifications received concerning occupational injuries which resulted in disability, no information had been provided on any fatal occupational accidents.

The Committee notes the information provided by the Government to the Governing Body in November 2015 that it has established a new department on OSH at the Ministry of Labour and Social Affairs (GB.325/INS/10(Rev.), Appendix II). This department is charged with, among other tasks, registering occupational accidents, undertaking OSH inspections and referring any undertaking found in violation to the competent bodies to take the necessary measures. It also notes the information on the number of OSH visits undertaken between January 2015 and August 2015, indicating that 41 per cent of OSH inspections resulted in a warning to remedy an infringement, and that undertakings were subject to follow-up inspections (12,596 OSH inspections were undertaken in 3,391 undertakings). The Committee notes an absence of information, in the reports provided by the Government, on the number of industrial accidents in the country, and notes that the Government has not provided the information requested on the number of fatal occupational accidents. The Committee requests the Government to pursue its efforts to strengthen the capacity of labour inspection with respect to monitoring OSH, particularly in the construction sector. It also requests that the Government take measures to ensure coordination between labour inspectors and inspectors in the occupational safety and health department, and to provide information on the specific steps taken in this regard. The Committee further requests the Government to take the necessary measures to ensure that the labour inspectorate is notified of all industrial accidents, and that relevant statistics, including on fatal occupational accidents, are included in the annual report on labour inspection and which shall be communicated to the Office.

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Follow-up to the discussions in the Committee on the Application of Standards (International Labour Conference, 104th Session, June 2014)

The Committee notes the discussion that took place in the Conference Committee on the Application of Standards (CAS) in June 2014 concerning the application of the Convention by Qatar.

Referring to its observation, the Committee wishes to raise the following additional points.

Articles 14 and 21(g) of the Convention. Occupational diseases. The Committee previously noted that the total number of cases of occupational diseases appeared to be very low in relation to the size of the workforce in the country.

The Committee notes the Government’s statement that, with respect to the low number of cases of occupational diseases, there is a high rate of turnover among migrant workers. As work contracts vary in length from two to three years, fewer cases of occupational disease are detected due to a lapse between exposure to particular factors and the manifestation of a disease. However, the Government indicates that the National Committee on Occupational Safety and Health (OSH) uses statistics on cases of occupational diseases in its work to enable it to formulate OSH policies and programmes. This National Committee is also revising the schedule of occupational diseases, to bring this list into conformity with international standards. With reference to paragraph 118 of its 2006 General Survey on labour inspection, the Committee recalls the importance of providing the labour inspectorate with the data it needs to identify high-risk activities and the most vulnerable categories of workers and to carry out research into the causes of occupational accidents and diseases in establishments and enterprises liable to inspection. Noting an absence of information in this regard in the Government’s report, the Committee requests that the Government take the necessary measures to ensure that future annual reports contain statistical information on occupational diseases, in conformity with Article 21(g). It requests the Government to continue to provide information on measures taken to improve the detection and identification of cases of occupational disease.

Article 15(c). Obligation to treat as confidential the existence of a complaint. The Committee previously noted that the national legislation requires labour inspectors to maintain confidentiality in relation to only the author of a complaint giving rise to an inspection. In this regard, the Committee recalled that Article 15(c) of the Convention not only requires labour inspectors to treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions, but also that they should not give any intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint. This would ensure the protection of those lodging complaints from any reprisals by the employer or his or her representative.

The Committee notes the Government’s statement that it is currently examining an amendment in response to the comments of the Committee. The Committee requests that the Government pursue its efforts to ensure that where an inspection is carried out in response to a complaint, the inspector is required not to give any intimation of the existence of such a complaint. It asks the Government to continue to provide information on measures taken to this end, and to provide a copy of any legislation adopted in this regard.

Articles 20 and 21. Publication and content of the annual report on the work of the labour inspectorate. The Committee notes that during the discussion at the CAS, several speakers urged the Government to take measures to ensure full compliance with the Convention with regard to the provision of comprehensive statistics on labour inspection.

In this regard, the Committee notes the information provided in the Government’s report concerning the distribution of labour inspectors (by region and function), the number of workplaces liable to inspection, the number of inspections undertaken, certain information on the outcome of these inspections, and detailed information on occupational accidents resulting in injuries. The Committee requests the Government to take the necessary measures to ensure that in the future, the annual reports on labour inspection contain complete information on all the subjects listed in Article 21(a)–(g), including the number of workers employed in workplaces liable to inspection.

[The Government is asked to reply in detail to the present comments in 2015.]

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Follow-up to the discussion of the Committee on the Application of Standards (International Labour Conference, 103rd Session, May–June 2014)

The Committee notes the discussion that took place in the Conference Committee on the Application of Standards (CAS) in 2014 concerning the application of the Convention by Qatar.

The Committee also observes that a complaint under article 26 of the ILO Constitution alleging the non-observance of the Convention, as well as the Forced Labour Convention, 1930 (No. 29), by Qatar, submitted by a number of Workers’ delegates at the Conference, was declared receivable and remains pending before the Governing Body. In addition, the Committee refers to its comments under Convention No. 29.

Articles 10 and 16. Sufficient number of labour inspectors. The Committee notes the conclusions of the tripartite committee set up to examine the representation alleging non-observance by Qatar of Convention No. 29, made under article 24 of the ILO Constitution, adopted by the Governing Body at its 320th Session in March 2014. The tripartite committee welcomed the Government’s indication that it would increase the number of inspectors in the future, but also noted the difficulties regarding the effective application of the legal framework regulating the work of migrant workers. The tripartite committee considered it essential that measures continue to be taken to strengthen the capacity of the labour inspectorate, including measures to ensure the proactive undertaking of random inspections not based on complaints.

The Committee also notes the statements made by several speakers during the discussion in the CAS that the number of labour inspectors was insufficient in view of the size of the labour force. Several speakers raised concerns regarding the thoroughness of inspections in light of the high number of inspections performed by each inspector. The Government, in response to these concerns, indicated that it was aware of the magnitude of the problem and the related challenges, and that it was dealing with these problems. The Government indicated that it had increased the number of labour inspectors to 200 inspectors. It also pointed out that the number of migrant workers in the country had risen to 1.7 million, which constituted a challenge for labour inspection.

The Committee notes the Government’s statement in the present report that it has strengthened the role of labour inspection. The Government indicates that it has further increased the number of labour inspectors to 227 inspectors. The Government indicates that it has also increased the number of inspection visits, from 46,624 such visits in 2012 to 50,538 in 2013, and that the number of workplaces liable to inspection continues to rise, from approximately 45,000 noted in 2013 to 48,178 undertakings in 2014. The Government further indicates that it is taking measures to facilitate the work of labour inspectors by providing them with handheld electronic tablets, and by linking them with the State’s special mapping system to facilitate reaching undertakings liable to inspection quickly and precisely.

The Committee notes that the Special Rapporteur on the human rights of migrants, in his report to the Human Rights Council on his mission to Qatar of 23 April 2014, expressed regret concerning the insufficient number of labour inspectors, who are not in a position to investigate thoroughly the working conditions or living conditions in labour camps, due to their small numbers and the lack of interpreters (A/HRC/26/35/Add.1, paragraph 45). The Committee urges the Government to strengthen its efforts to recruit an adequate number of labour inspectors in relation to the number of workplaces liable to inspection, and to continue to take measures to strengthen the effectiveness of the labour inspection system. Moreover, observing the large number of inspections undertaken per inspector, the Committee requests the Government to provide information on the average length of time spent on inspections per inspection and requests the Government to take the necessary measures to ensure that workplaces are inspected as thoroughly as necessary to secure the effective application of the legal provisions relating to conditions of work and the protection of workers.

Articles 7 and 8. Recruitment and training. The Committee notes the comments made by several speakers during the discussion of the CAS concerning the training and recruitment of inspectors, indicating that further training was necessary for labour inspectors. Several speakers also indicated that a greater number of labour inspectors who spoke the language of the migrant workers were necessary, and that more female labour inspectors should be hired.

The Committee notes the Government’s indication concerning measures taken to recruit further inspectors, including the provision of financial incentives, such as allowances for overtime work, as well as an allowance for a car and a telephone. It has also entrusted 14 legal officers from the Legal Affairs Department at the Ministry of Labour and Social Affairs to work in the labour inspection department, after normal working hours in return for allowances, and has transferred 12 employees from other departments to work in inspection. The Government indicates that approximately 8 per cent of inspectors are women, and that these inspectors are given the same wages and privileges as their male counterparts. In addition, the Government undertakes training for labour inspectors, both within the country and abroad. The Government states that it will seek ILO technical assistance to train a sufficient number of inspectors, to enable them to discharge their duties. The Committee requests the Government to provide detailed information on the training provided to labour inspectors, including the frequency, duration, number of participants and subjects covered. It further requests the Government to take measures to ensure that the necessary training is provided to those officials temporarily transferred to labour inspection, so that they can adequately perform the duties assigned. The Committee also requests the Government to provide information on the measures taken to ensure the recruitment of labour inspectors and interpreters able to speak the language of migrant workers, and to increase the number of female labour inspectors.

Articles 5(a), 17, 18 and 21(e). Effective cooperation between the labour inspectorate and the justice system, legal proceedings and effective enforcement of adequate penalties. The Committee notes that, during the discussion in the CAS, it was pointed out that the Government had commissioned a report on migrant workers in the country, which contained recommendations with regard to labour inspection. These recommendations included bolstering the powers of inspectors, who were currently only able to issue recommendations and did not have the power to issue sanctions, and improving coordination with the justice system to prosecute violations.

The Committee notes the information in the Government’s report concerning inspections undertaken in 2013 and the first quarter of 2014 that resulted in the issuance of warnings to remedy infringements and infringement reports (a report which is then referred to the Labour Relations Department for further action, including referral to the court). Out of the 50,538 inspections undertaken in 2013, 825 were issued with an infringement report. It notes, in this regard, the significant increase in the number of infringement reports issued in the first quarter of 2014 (438 in this period, compared with 825 for all of 2013), including a significant rise in the field of occupational safety and health. The Government indicates that, in the first quarter of 2014, the judiciary dealt with 448 cases which resulted in 379 convictions. The Committee requests that the Government take measures to improve the effectiveness of existing enforcement mechanisms, including steps to provide enhanced enforcement powers to labour inspectors and promote effective collaboration with judicial authorities, and further requests the Government to provide information in this regard. It asks the Government to specify the number of cases referred to the judicial authorities by the labour inspectorate. The Committee also requests that the Government provide information on not only the number of cases resulting in a conviction, but also on the specific penalties applied in such cases. It further requests the Government to ensure that, in its annual report, the statistics on violations detected and penalties applied are classified according to the legal provisions to which they relate, including with respect to passport confiscation, conditions of work and timely wage payments.

Articles 5(a), 14 and 21(f). Labour inspection in the area of occupational safety and health. The Committee notes that, during the discussion at the CAS, several speakers indicated that strengthening labour inspection would contribute to protecting the occupational safety and health (OSH) of migrant workers in the country, particularly in the construction sector as there had been several deaths of workers in this sector caused by occupational accidents.

The Committee notes the Government’s statement that it hopes to set up an independent department responsible for OSH, which will inspect undertakings with respect to OSH. It also notes the information in the Government’s report that, in the first quarter of 2014, 3,485 visits were undertaken with respect to OSH in 920 undertakings. The Committee notes that, although twice as many inspections were undertaken to monitor other labour issues, those inspections undertaken with respect to OSH resulted in the issuance of a greater number of warnings (1,302 warnings for OSH compared to 371 for other labour issues). The Committee also notes the detailed information provided by the Government on the notifications received concerning occupational injuries which resulted in disability. However, the Committee notes that the Government does not provide any information on fatal occupational accidents, although the Government indicates that if a worker dies as a result of work, or in the course of work, the employer must notify the Ministry of Labour and Social Affairs, as well as the police and the competent medical authority. According to the Government, the figures on occupational accidents depend on the manner in which notifications reach the Ministry. The Committee urges the Government to pursue its efforts to strengthen the capacity of labour inspection with respect to monitoring OSH, particularly in the construction sector. It also requests that the Government take measures to ensure coordination and collaboration between labour inspectors and inspectors under the new department on OSH. The Committee further requests the Government to take the necessary measures to ensure that the labour inspectorate is notified of all industrial accidents, and that relevant statistics, including on fatal occupational accidents, are included in the annual report on labour inspection.

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

[The Government is asked to reply in detail to the present comments in 2015.]

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

With reference to its observation, the Committee would like to raise the following additional points.

Articles 5(a), 17, 18 and 21(e). Effective cooperation between the labour inspectorate and the justice system. The Committee had previously noted the Government’s indication that cooperation between the labour inspectorate and the justice system is carried out through an exchange of information, statistics and other data. The Committee notes with interest the information in the Government’s report on the existence of an office of the Ministry of Labour at the judicial courts to assist in the recording of court decisions to enable the inclusion of relevant statistics in the annual labour inspection reports as required by Article 21(e) of the Convention. The Committee notes the information in the annual labour inspection reports for 2012 and the first half of 2013 concerning the results of inspections (number of infringement reports, prohibition notices and orders to remedy infringements), but notes that it does not contain information on the number of infringements reported to the judicial authorities nor information on the number of labour law violations and the legal provisions to which they relate. The Committee would be grateful if the Government would ensure that in the future, the report on the work of the labour inspectorate also contains information on the number of infringements reported to the competent authorities, particulars of the classification of such infringements according to the legal provisions to which they relate, the number of convictions and the particulars of the nature of the penalties imposed by the competent authorities in the various cases (fines, imprisonment, etc.)

Articles 5(a) and (b), 14 and 21(f) and (g). Cooperation and collaboration with other public entities and employers and workers in the area of Occupational Safety and Health (OSH). Notification and statistics of industrial accidents and cases of occupational disease and prevention of their recurrence. The Committee notes the Government’s indications that during the reporting period several meetings were held in the National Committee on OSH. As a result of these meetings, the list of occupational diseases was reviewed in accordance with international standards and progress was made with the formulation of a national OSH policy. It also notes that the annual labour inspection report for 2012 and for the first semester of 2013 now contain statistics on cases of occupational diseases. It notes however that the total number of cases of occupational diseases (20 in 2012 and 73 in the first half of 2013) appears to be very low in relation to the size of the workforce in the country. Furthermore, the total number of industrial accidents in the annual report for 2012 does not seem to correspond with the statistics provided in the annexes of the Government’s report. The Committee requests the Government to keep the ILO informed of the work of the National Committee on OSH and its impact on the implementation of the objectives of the Convention, as well as on its cooperation with the labour inspectorate. The Committee also once again requests the Government to ensure that statistics of cases of industrial accidents and cases of occupational diseases are used with a view to developing a relevant prevention policy.

In view of the low number of cases of industrial accidents and cases of occupational diseases in relation to the number of workers, the Committee requests the Government to describe the mechanism in place for the recording and notification of industrial accidents and cases of occupational diseases, and if applicable, on any measures taken or envisaged for their improvement.

Article 12(1). Extent of the right of labour inspectors to enter freely premises and workplaces liable to inspection. The Committee notes that the Government, in response to the previous requests by the Committee to amend section 7 of Ministerial Order No. 13 of 2005, indicates that this matter is still under examination.

The Committee once again requests the Government to take the necessary measures to amend section 7 of Ministerial Order No. 13 of 2005 in order to bring the legislation into conformity with the spirit and letter of Article 12(1)(a) of the Convention on this point so that, while being authorized to carry out inspections freely and without notice, labour inspectors may also be able to inform the employer in advance of their inspection or its purpose where they consider that such notification is useful or necessary, for instance, in order to ensure his or her presence or have access to particular documents. Please keep the ILO informed of any progress made in this regard.

Article 15(c). Obligation to treat as confidential the existence of a complaint. The Committee notes that the Government once again refers to the legal provisions which require labour inspectors to maintain confidentiality in relation to the author of a complaint giving rise to an inspection. In this regard, the Committee would like to recall that Article 15(c) not only requires labour inspectors to treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions, but also that they should not give any intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint. The Committee once again requests the Government to indicate the measures taken or envisaged to ensure that where an inspection is carried out in response to a complaint, the inspector is required not to give any intimation of the existence of such a complaint and may proceed to carry out an investigation in full discretion. Such a provision would have the effect of ensuring the protection of those lodging complaints from any reprisals by the employer or his or her representative.

[The Government is asked to reply in detail to the present comments in 2014.]

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 8, 10, 20 and 21 of the Convention. Functioning of the labour inspection system and information contained in the annual labour inspection report. The Committee notes the statistical information contained in the annual reports for 2011, 2012 and the first half of 2013. It notes from this source that the staff of the labour inspectorate now includes 150 labour inspectors (117 in the area of general labour conditions and 33 in the area of occupational safety and health), of which six are women. The statistical data provided since 2007 reveal that the number of workplaces liable to inspection has at least doubled (now calculated to be 44,912), and the number of workers has at least quadrupled (the number of migrant workers, which make up to 95 per cent of the labour force of Qatar, is now calculated by the Government to be 1,359,715). The Committee notes that 46,624 labour inspections were carried out in 2012, and recalls that the annual labour inspection report for 2004 referred to 2,240 inspection visits. The Committee asks the Government to provide an explanation for the exponential increase of the number of labour inspections and the manner in which these inspection are carried out by the number of inspectors identified above.

While it notes the progress made concerning the subjects covered by the annual labour inspection report for 2012 (now also including information on the staff of the labour inspection service, statistics of occupational diseases, etc.), it once again draws the Government’s attention to Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), on the level of detail that is desirable (for instance, in relation to the statistics of violations and penalties) in the required information so that the annual report can serve as a basis for the determination of the advisory and enforcement activities of the inspection services needed to improve conditions of work at workplaces.

The Committee asks the Government to explain the reasons for the low number of women in the labour inspection staff and to provide information on any efforts undertaken to stimulate the interest of potential female candidates for the labour inspection service. Please also continue to indicate the distribution of the inspection staff by gender in the various positions and grades.

Labour inspection activities in the construction sector. The Committee notes from the statistical information in the annual labour inspection report for the first half of 2013 that 522,022 of the 1,359,715 migrant workers of the country are working in the construction sector. The Committee also notes from the information available in the media that several hundred thousand migrant workers are expected to be recruited for the 2022 World Cup and that a high number of fatal accidents have occurred on the relevant construction sites. In this regard, it also notes that the Government announced the recruitment of additional labour inspection staff, and that the Building Wood Workers’ International (BWI) sent a mission to Qatar on 7 October 2013 to inspect the working conditions on construction sites and elaborate a relevant report. The Committee asks the Government to indicate the measures taken or envisaged to ensure that the construction sector is effectively inspected, including the recruitment and training of additional labour inspectors, and to provide relevant statistical data on inspection visits in this sector and their outcomes, as well as on industrial accidents and cases of occupational diseases in this sector.

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

[The Government is requested to reply in detail to the present comments in 2014.]

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 4, 8, 10, 20 and 21 of the Convention. Reinforcement of the labour inspection system and publication of an annual labour inspection report. The Committee notes with interest that according to the Government’s report, in view of the importance of the labour inspection system and its significant role, the previous labour inspection body has been upgraded into a Labour Inspection Department by virtue of the Emir’s Order No. 35 of 2009 on the organizational structure of the Ministry of Labour. In accordance with section 10 of the abovementioned Order, the Labour Inspection Department is competent to: monitor the implementation of labour laws and the general plan for labour inspection; undertake periodic and surprise inspections to workplaces so as to verify the application of the Labour Code and its implementing orders; provide advice and guidance to employers on the manner of removing violations; address warnings and draft reports of violations and submit them to the competent bodies; carry out preventive supervision of private companies and undertakings in accordance with the Labour Code and its implementing orders; undertake an evaluation of the hazards resulting from the use of dangerous products at work in coordination with relevant public bodies; verify the observance of employers’ obligations regarding the payment of wages; and verify and follow up on the adoption of occupational safety and health measures. The Committee also notes from the Government’s report that the labour inspection department has, in addition to the main branch in Doha, four branches distributed in the various regions so as to cover the entire territory of the country and achieve a balance in the inspection staff across undertakings.

The Committee also notes, however, once again, that an annual labour inspection report has not been received at the ILO. While taking due note of the brief statistical data provided by the Government in the annex to its report, the Committee once again recalls the importance that it attaches to compliance with the obligation of the publication and communication by the central inspection authority, within the time limits set out in Article 20, of an annual report containing useful information on each of the items covered by Article 21. Indeed, assessment of the level of application of the Convention is only possible where, in addition to legislative information, the Committee also has access to precise information on the application of the legislation in practice. Presented as suggested in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), (inspection staff, workplaces liable to inspection, persons employed therein, statistics of inspection visits, violations, penalties imposed, industrial accidents and occupational diseases), such information would shed light on the operation of the labour inspection system in relation to the requirements of the Convention and would enable the central authority to determine priorities for action and the corresponding resources. The Committee also emphasized in its general observation of 2010 that when well prepared, the annual report offers an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection services and, subsequently, the determination of the means necessary to improve their effectiveness.

The Committee would be grateful if the Government would provide an organizational chart of the new Labour Inspection Department and specify the number of labour inspectors and their geographical distribution as well as their technical area of competence. Please also indicate whether the labour inspectorate includes women inspectors, and if so, provide information as to any specific duties entrusted to them.

The Committee once again requests the Government to indicate the measures taken or envisaged so that the central labour inspection authority publishes and communicates to the ILO, within the time limits set out in Article 20, a report on the activities undertaken by the services placed under its control and supervision, containing the information required by Article 21, and presented in so far as possible in the manner indicated in Paragraph 9 of Recommendation No. 81. As long as such a report is not published, the Committee requests the Government to indicate the obstacles in this regard and measures taken to address them and to provide detailed information and statistical data necessary in order to enable the Committee to appraise the activities carried out by the Labour Inspection Department in practice.

With reference to its general observation of 2009 concerning the importance of establishing and updating a register of workplaces liable to labour inspection, containing information on the number and categories of workers employed therein (Article 21(c)), the Committee particularly requests the Government to ensure that measures are taken to ensure that such a register is set up through inter-institutional cooperation and that relevant information is published in the annual labour inspection report to allow for the assessment of effective coverage of the inspection system in relation to the industrial and commercial workplaces liable to inspection. It would be grateful if the Government would provide information on any progress achieved in this respect.

Articles 5(a) and 21(e). Effective cooperation between the labour inspectorate and the justice system. With reference to its general observation of 2007 in which it emphasized the value of effective cooperation between the labour inspectorate and the justice system, the Committee recalls from the previous report of the Government that such cooperation is carried out through an exchange of information, statistics and other data between the inspectorate and the High Judicial Council. In its latest report, the Government provides statistical information on the number of cases referred to the judicial authorities, which amounted to 333 in 2010 and 100 during the first trimester of 2011, and concerned primarily delays in the payment of wages and benefits. The Committee requests the Government to indicate the results of these judicial proceedings and to indicate any further measures taken or envisaged to reinforce the cooperation between the labour inspection and the justice system, for instance, through the creation of a system for the recording of judicial decisions that is accessible to the labour inspectorate to enable the central authority to make use of this information in pursuance of its objectives and to include it in the annual report in accordance with Article 21(e).

Articles 5(a) and (b), 14 and 21(f) and (g). Cooperation and collaboration with other public entities and employers and workers in the area of OSH. Notification and statistics of industrial accidents and cases of occupational disease and prevention of their recurrence. The Committee notes with interest section 1 of the Order of 2011 adopted by the Council of Ministers which establishes the National Committee for Occupational Safety and Health (OSH). It notes that this Committee is composed of representatives from the Ministry of Labour, the Ministry of the Interior (Public Department for Civil Defence), the Ministry of the Municipality and Urban Planning, the Ministry of the Environment, the General Secretariat of the Council of Ministers, the Supreme Council for Health, the Qatar Petroleum (Department for Health, Safety and Environment), the Public Authority for Public Works, representatives acting on behalf of employers selected by the Chamber of Industry and Trade and one or more representatives acting on behalf of workers. Pursuant to section 3 of the Order, the Committee is competent to: propose a national policy as well as a national programme and system for OSH; examine the reasons for industrial accidents and cases of occupational disease and propose the means which could stop their occurrence in the future; propose and revise OSH regulations and rules; propose mechanisms for the implementation of laws and regulations related to OSH; provide advisory services in the field of OSH; review the requirements for insuring against industrial accidents and cases of occupational disease; undertake studies and research related to OSH; and examine the conventions and recommendations related to OSH and make recommendations in this regard.

The Committee requests the Government to keep the ILO informed of the work of the National Committee on OSH and its impact on the implementation of the objectives of the Convention. Please also indicate the way in which the labour inspectorate cooperates with the National Committee.

Recalling from the previous report of the Government that statistics of industrial accidents were presented under various criteria including the nationality of the victims, the age group, cause of the accident, part of the body injured and the resulting incapacity rate, the Committee would be grateful if the Government would indicate the conclusions drawn and follow-up action taken in relation to these criteria.

The Committee also once again requests the Government to provide any available statistics of cases of occupational diseases and to ensure that such statistics are included in the annual labour inspection report and are used with a view to developing a relevant prevention policy. It would be grateful if the Government would provide information in its next report on any progress achieved in this respect and on any measures adopted or envisaged to ensure the follow up, through cooperation with other receiving countries in the region, of cases of occupational diseases among migrant workers, who make up the majority of the workforce engaged in workplaces liable to inspection.

Article 12(1). Extent of the right of labour inspectors to enter freely premises and workplaces liable to inspection. In its previous comment, the Committee requested the Government to amend section 7 of Ministerial Order No. 13 of 2005 in order to bring the legislation into conformity with the spirit and letter of Article 12(1)(a) of the Convention. The Government indicates that section 7 of Ministerial Order No. 13 of 2005 provides that no prior notice of an inspection visit shall be authorized under any circumstances and that upon entering the undertaking to carry out inspection duties, a labour inspector is required to notify the employer or his representative unless the inspector is of the view that the notification may harm his duties. According to the Government, this provision is in full conformity with Article 12(1) and (2).

The Committee once again recalls that as indicated in paragraph 267 of its 2006 General Survey on labour inspection, the fact that the instruments provide that inspectors should be authorized to enter workplaces without previous notice does not mean that, where deemed useful or necessary by the inspector, the employer or his or her representative cannot be informed of the time and purpose of the inspection (i.e., in advance). The Committee requests the Government to take all necessary measures to amend section 7 of Ministerial Order No. 13 of 2005 in order to bring the legislation into conformity with the spirit and letter of the Convention on this point so that, while being authorized to carry out inspections freely and without notice, labour inspectors may also be able to inform the employer in advance of their inspection or its purpose where they consider that such notification is useful or necessary, for instance, in order to ensure his or her presence or have access to particular documents. Please keep the ILO informed of any progress made in this regard.

Article 15(c). Obligation to treat as confidential the existence of a complaint. The Committee notes once again the information provided by the Government on the legal provisions which require labour inspectors to maintain confidentiality in relation to the author of a complaint giving rise to an inspection. The Committee once again requests the Government to indicate the measures taken or envisaged to ensure that where an inspection is carried out in response to a complaint, the inspector is required not to give any intimation of the existence of such complaint and may proceed to carry out an investigation in full discretion. Such a provision would have the effect of ensuring the protection of those lodging complaints from any reprisals by the employer or his representative.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s report, received in the ILO on 2 September 2009, in reply to its previous comments and the attached statistics on labour inspection.

Articles 5(a) and 21(e) of the Convention. Effective cooperation between the labour inspectorate and the justice system. With reference to its general observation of 2007 in which it emphasized the value of effective cooperation between the labour inspectorate and the judiciary, the Committee notes that, according to the Government, such cooperation is carried out through an exchange of information, statistics and other data between the inspectorate and the High Judicial Council. However, the Government does not provide examples of the precise purpose and the manner in which the information exchanged is used. The Committee nevertheless notes that it is planned to establish a system for the registration of Court rulings, which would be accessible to the labour inspectorate.

While noting the provision of certain statistical data on the prosecutions initiated by the labour inspectorate as a result of workers’ complaints in 2006 and 2007, the Committee however notes that the data provided does not allow for any analysis, as elementary details are missing, such as the subject of the complaints, the legal provisions concerned and the nature of the court rulings. For example, an indication is provided that 415 of the 1,260 prosecutions referred to the courts in 2007 were set aside, without any explanation of the grounds for their dismissal. To be analysed and exploited, statistics should reflect an object and precise results. Analysis of the statistics on prosecutions following labour inspections should make it possible to verify whether they are mainly targeted at conditions of work and the protection of workers while engaged in their work, as envisaged by Article 3(1)(a), of the Convention, determine whether their dismissal was due to procedural errors attributable to labour inspectors, in which case measures would need to be taken to provide relevant training to the latter, and to ensure that court rulings correspond to the objectives of labour inspection and, if this is not the case, to develop measures to raise the awareness of magistrates concerning the importance of the socio-economic role of labour inspection. The Committee therefore requests the Government to take measures to establish cooperation between the labour inspection services and the judiciary so as to improve the effectiveness and credibility of labour inspection and allow publication in the annual inspection report of informative statistics and information on the impact of these activities. The Committee would be grateful if the Government would keep the ILO informed of any progress in this regard.

Article 12(1). Extent of the right of labour inspectors to enter freely premises and workplaces liable to inspection. In its previous comment, the Committee emphasized, as it did in paragraph 267 of its 2006 General Survey on labour inspection, that the fact that “the instruments provide that inspectors should be authorized to enter workplaces without previous notice does not mean that, where deemed useful or necessary by the inspector, the employer or his or her representative cannot be informed of the time and purpose of the inspection”. The Committee hopes that the Government will review its viewpoint on the meaning and scope of Article 12(1), of the Convention and accordingly take measures to amend section 7 of Ministerial Order No. 13 of 2005 in order to bring the legislation into conformity with the spirit and letter of the Convention on this point and that, while being authorized to carry out inspections freely and without notice, labour inspectors will also be able to inform the employer of their inspection or its purpose where they consider that such notification is useful or necessary for the effective supervision envisaged.

Article 15(c). Obligation to treat as confidential the existence of a complaint. While noting the legal provisions ensuring compliance by labour inspectors with the obligation of confidentiality in relation to the author of a complaint giving rise to an inspection, the Committee wishes to emphasize once again that the Government should ensure that these provisions are supplemented so that where, during an inspection carried out in response to a compliant, the inspector may decide not to inform the employer or his representative of the existence of such a complaint and proceed to carry out an investigation of the complaint in full discretion. Such a provision would have the effect of ensuring the protection of those lodging complaints by any reprisals from the employer or his representative.

Articles 14 and 21(f) and (g). Notification and statistics of industrial accidents and cases of occupational disease and the prevention of their recurrence. The Committee notes with interest that statistics of industrial accidents which occurred in 2008 are presented under the nationality of the victims, age group, cause, part of the body injured and resulting incapacity rate.

However, it observes that no information is provided with regard to cases of occupational diseases.

The Committee would be grateful if the Government would indicate the objective that is pursued through the criteria for the statistical identification of victims and of the factors of industrial accidents, with an indication of whether, and in what manner, such an objective is achieved.

The Committee also requests the Government to provide the statistics that are available of cases of occupational diseases and to ensure that such statistics are included in the annual labour inspection report and are used with a view to developing a relevant prevention policy. It would be grateful if the Government would provide information in its next report on any progress achieved in this respect and on any measures adopted to ensure the follow up of cases of occupational diseases among migrant workers, who make up the majority of the workforce engaged in workplaces liable to inspection.

Articles 20 and 21. Publication and content of the annual labour inspection report. While taking due note of the brief statistical data provided by the Government in the annex to its report, the Committee wishes to recall the importance that it attaches to compliance with the obligation of the publication and communication by the central inspection authority, within the time limits set out in Article 20, of an annual report containing useful information on each of the items covered by Article 21. Indeed, assessment of the level of application of the Convention is only possible where, in addition to legislative information, the Committee also has access to precise information on the application of the legislation in practice. Presented as suggested in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), (inspection staff, workplaces liable to inspection, persons employed therein, statistics of inspection visits, violations, penalties imposed, industrial accidents and occupational diseases), such information would also shed light on the operation of the labour inspection system in relation to the requirements of the Convention and would enable the central authority to determine priorities for action and the corresponding resources. With reference to its general observation of 2009 concerning the importance of establishing and updating a register of workplaces liable to labour inspection, containing information on the number and categories of workers employed therein (Article 21(c)), the Committee particularly requests the Government to ensure that measures are taken to ensure that the annual report contains such information which is indispensable for assessing the effective coverage of the inspection system in relation to the industrial and commercial workplaces liable to inspection. It would be grateful if the Government would provide information on any progress achieved in this respect.

The Committee requests the Government to ensure that, in any case, the central labour inspection authority publishes and communicates to the ILO, within the time limits set out in Article 20, a report on the activities undertaken by the services placed under its control and supervision, containing the information required by Article 21, and presented in so far as possible as indicated in Paragraph 9 of Recommendation No. 81.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s report in reply to its direct request of 2005, and the new regulations issued under the Labour Law adopted in 2004. It notes with interest that section 7 of Order No. 13 of 2005 respecting the regulation and procedures of labour inspection giving full effect to Article 12, paragraph 2, of the Convention, which provides that labour inspectors may refrain from notifying the employer of their presence on the occasion of an inspection visit where they consider that such notification may be prejudicial to the effectiveness of the inspection.

The Committee draws the Government’s attention to the following points.

Article 12, paragraph 1(a), of the Convention. Right of inspectors to enter workplaces freely. Under section 7 of Order No. 13 of 2005, labour inspectors are prohibited from notifying the employer of any inspection of the undertaking, irrespective of its purpose. The Committee emphasizes that, while the principle of surprise inspections is one of the prerequisites for the effectiveness of most inspections, the exercise of the right of free entry of inspectors, as set out in the Convention, should not exclude the possibility of inspectors notifying the employer of the inspection where they consider this useful for the proper implementation of the envisaged operations and verifications. Certain controls may indeed require the presence of the employer or her or his representative in the undertaking, the preparation of specific documents and conditions that are favourable for the inspection. It is also important that the free entry of inspectors into workplaces liable to inspection is not restricted by the requirement of authorization from a higher authority, and the possession of credentials demonstrating their functions should be considered sufficient for the legitimate exercise of the related powers and prerogatives. The Committee would be grateful if the Government would ensure that the legislation is amended so as to provide that labour inspectors may, in cases that they consider appropriate for the proper implementation of the inspection, notify the employer in advance of an inspection visit.

It also requests the Government to take measures to amend the legislation so that the right of free entry without prior notification by inspectors into workplaces liable to inspection is only subject to the possession of credentials certifying their functions, and is not restricted by the need for a mission order or authorization from a higher authority.

The Committee would be grateful if the Government would provide information on any progress achieved in this respect.

Article 13, paragraph 2(b). Measures with immediate executory force in cases of imminent risk to the health and safety of workers. Further to its previous comment relating to section 100 of the new Labour Law respecting the indirect powers that inspectors may exercise to order measures to protect workers against imminent risks to their health and safety resulting from the negligence of the employer, the Committee notes that, under the terms of section 12 of Order No. 13 of 2005, the time limit determined for an employer to bring to an end a violation of the provisions of the Labour Law may not be less than two weeks. It is bound to remind the Government that, in accordance with Article 13, paragraph 2(b), of the Convention, labour inspectors should have the right to make or to have made orders requiring measures “with immediate executory force” with a view to the elimination of such threats. The Government is therefore requested to take measures rapidly to supplement the legislation so that it explicitly provides that measures ordered with a view to the elimination of an imminent danger to the health or safety of the workers, including those determined in section 100 of the Labour Law, have immediate executory force and that there is no waiting period for their implementation.

Article 15(c). Confidentiality of the source of complaints and prohibition upon revealing that an inspection was made in consequence of a complaint. While noting that that confidentiality of the author of a complaint is guaranteed by section 10 of the above Order, the Committee notes that, contrary to the provisions of the Convention, no provision prohibits the inspector from revealing to the employer that a visit of inspection was made in consequence of a complaint. The Committee would be grateful if the Government would take measures to amend the legislation so as to give full effect to Article 15(c) of the Convention, the objective of which is to secure the effective protection of workers who make complaints against any reprisals by the employer.

Articles 19, 20 and 21. Use of the data contained in inspection reports with a view to the prevention of danger to health and safety at work. With reference to the information contained in the annual inspection report for 2004, the Committee notes with interest the data relating to the geographical distribution of workplaces liable to inspection (24,920) and the number of workers employed therein (335,235) (clause (c) of Article 21). It notes that over the course of the year inspectors carried out a total of 2,240 inspections, a figure which includes surprise inspections and scheduled inspections throughout the territory, disaggregated by the month, as well as data on occupational injuries. While noting a correlation between the number of employment accidents and the frequency of inspections, the Committee nevertheless regrets the absence of data on the number and categories of workplaces inspected, which would be useful to assess the rate of coverage by the labour inspectorate of the industrial and commercial workplaces liable to inspections. The Committee notes with interest the detailed presentation of certain data, including those relating to the distribution of employment accidents by branch, showing a clear predominance of accidents in the building and construction sector (47 per cent), the commercial, catering and hotel sector (25 per cent), processing industries (20 per cent) and transport and communications (13 per cent). It also notes a heading relating to a category of employment injuries qualified as “simple”, with the indication that they did not result in incapacity for work. These injuries affect, among others, the back, trunk, abdomen, shoulders and hands. There is no mention in the report of whether measures are envisaged to reduce occupational risks and improve conditions of work in the most exposed activities, or information and education activities for the categories of workers most affected by employment accidents. These measures could consist, for example, of an increase in the frequency of inspections in workplaces where workers are most exposed, and the development of educational activities on prevention measures for which employers and each worker are responsible. The number and frequency of injuries qualified as simple and not requiring absence from work could justify monitoring by the inspection services of the possible delayed consequences of such injuries in terms of harmful musculoskeletal pathologies that are prejudicial to the workers concerned and to the financial performance of the establishment. The Committee would be grateful if the Government would ensure that the annual inspection report is in future completed in accordance with the requirements of Article 21 with the inclusion of data on the staff of the labour inspection services (clause (b)), statistics of inspection visits (clause (d)) and statistics of occupational diseases (clause (g)). It invites the Government to draw the attention of the central inspection authority to Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), on the level of detail that is desirable in the required information so that the annual report can serve as a basis for the determination of the advisory and enforcement activities of the inspection services required to improve conditions of work at workplaces.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Powers of labour inspectors. Referring to its previous comments, the Committee notes with interest the provisions of Part 15 of the Labour Code of 2004, which entered into force on 6 January 2005, with regard in particular to the powers of control and injunction of labour inspectors (Articles 12 and 13 of the Convention). It also notes the provisions of section 100 of the Labour Code envisaging measures with immediate executory force in the event of imminent danger to the health or safety of the workers (Article 13, paragraph 2). The Committee further notes that ministerial orders applying the new provisions relating to occupational health and safety are currently being prepared. It requests the Government to continue to provide information on this subject and to transmit any texts that are adopted.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Further to its previous comments, the Committee notes the information provided by the Government. It notes with interest that the Government has established a form of notification of industrial accidents and cases of occupational disease spread out to all the employers, that the staff of the inspection service has been reinforced and that instructions have been given to the inspectors so that reports on their inspection activities include statistics on sanctions imposed on the persons who violate labour legislation and cases of occupational disease.

The Committee also notes that a new labour code is under consideration and that the text should fully give effect to the provisions of the Convention, in particular to Article 13, paragraph 2(b), relating to the powers of labour inspectors to make or to have made orders requiring measures with immediate executory force in the event of imminent danger to the health or safety of the workers. The Committee would be grateful if the Government would provide information on the progress made in this regard.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Referring also to its observation, the Committee requests the Government to supply supplementary information on the following points.

Labour inspection and child labour. The Committee notes that, according to the Government, no cases of child labour were reported by the inspection services. The Committee draws the Government’s attention to the fact that it is often difficult to detect irregular employment of children and young persons and would be grateful if the Government would take measures to ensure that labour inspectors receive training on the subject, in order to effectively seek out and bring to the notice of the authorities information on the existence of this practice, within the framework of their duties as defined in Article 3, paragraph 1(c), of the Convention.

Articles 8, 10 and 11 of the Convention. The Committee notes the information contained in the Government’s report and in the annual inspection report for 2000 on the number of staff in the labour inspection service, their geographical distribution on the basis of the location of undertakings liable to inspection and the development of material and computerized facilities made available to the inspection services in order to prepare and process labour statistics. The Government is requested to continue to provide information on developments in the number of inspection service staff and to give details regarding its impact on the development of inspection activities and compliance with labour legislation.

Article 12. Further to its previous comments, the Committee notes that in the most recent version of the Labour Code available at the ILO, the provision of section 74 which stipulated prior notification of an inspection visit to the employer has been deleted in accordance with the requirement of Article 1, paragraph 1, of the Convention. It notes however that, according to the Government, the practice remains that in principle the employer is given prior notice of the inspection visit unless the inspector decides otherwise. The Committee emphasizes that the unexpected nature of inspection visits is one of the conditions for effective control and that the labour inspector should be legally authorized, in accordance with this Article of the Convention, first, to enter freely and without previous notice to the employer or his representative, any workplace liable to inspection (paragraph 1(a)) and, secondly, on the occasion of an inspection visit, refrain from notifying the employer or his representative of their presence if they consider that this may be prejudicial to the effectiveness of the control (paragraph 2). Noting the announcement of the adoption of a new Labour Code, the Committee hopes that the Government will take this opportunity to take measures for introducing provisions giving effect precisely to these two requirements of the Convention and that it will not fail to communicate information on the measures taken to this end.

Article 13. The Committee notes that a great many occupational accidents, particularly in the construction sector, are the result of falls and the use of sharp tools. It also notes that, according to the Government, if there is anything that threatens the health and safety of a worker, labour inspectors are entitled to ask employers to remedy the violation within a specified time limit and submit a report to the director of the Labour Department on their actions. The Committee would be grateful if the Government would indicate if specific technical and legal measures are envisaged to reduce the hazardous features inherent in some activities and whether, as provided in Article 13, paragraph 2(b), labour inspectors are empowered to take measures with immediate executory force, including stopping work, in the event of imminent danger to the health or safety of the workers. The Government is also requested to communicate any legislation giving labour inspectors the duty of controlling application of the provisions concerning safety and health at work.

Articles 18 and 21(e). Procedures against breaches. The Committee notes that the annual inspection report contains no information or statistics on penalties imposed for violations of the legal provisions enforceable by labour inspectors. It notes that the Labour Code contains no provisions in this respect and that the only penalties it provides are those that the employer may impose on workers. Please indicate the legislation which serves as a legal basis for action against violations to the provisions of the Labour Code and take any necessary measures with a view to including in the annual report statistics on penalties imposed.

Articles 14 and 21. According to the Government, the procedure for notification of industrial accidents and diseases to the competent authorities is largely complied with in the enterprises liable to inspection. It notes, however, that the annual inspection report contains no statistics on occupational diseases. The Government is requested to indicate whether the labour inspection service receives such notifications. It is also requested to take measures with a view to the inclusion by the central labour inspection authority of statistics of occupational diseases in its forthcoming annual inspection reports and to communicate information on the measures taken to this end, in accordance with Article 21(g).

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s detailed report. It notes the replies to its previous comments and the annual inspection report for 2000.

Increase in the number of inspection staff. The Committee notes with interestthat the increase in the number of labour inspectors has made it possible to overcome certain difficulties in the application of the Convention, particularly by promoting the activity of visits to establishments.

Safety and health at work of non-Arabic-speaking workers. The Committee also notes with interest that labour inspectors have been provided with training focused on safety and health at work and the relevant Conventions and that this training has enabled them to develop information and advisory activities for non Arabic speaking employers and workers with a view to eliminating the risk of industrial accidents caused by ignorance of the Arabic language.

The Committee is addressing a request directly to the Government on certain points.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Also referring to its observation on the Convention, the Committee would be grateful if the Government would provide information on the following points.

1.  The Committee notes that the statistics provided in the annual inspection reports, including statistics on occupational accidents and diseases, are systematically disaggregated, among other criteria, by the nationality of workers. The Committee would be grateful if the Government would indicate the manner in which these data are used for the prevention of occupational risks and whether the nationality of the victims of employment accidents and occupational diseases has any impact in this respect, particularly with regard to the posting of safety notices in workplaces which employ non‑Arab‑speaking workers.

2.  With reference to the information provided in the Government’s report concerning the functions and powers of the officials entrusted with labour inspection, by virtue of section 74 of the Labour Code, the Committee wishes to draw the Government’s attention to the inadequacy of this information in relation to the provisions of Article 12 of the Convention. It therefore requests the Government to provide detailed information in its next report on each of the provisions of this Article, the objective of which is to secure the optimal effectiveness of inspection visits in relation to the objective of the Convention.

3.  Finally, with reference to sections 41 et seq. of the Labour Code respecting the employment and conditions of work of young persons, the Committee wishes to recall the growing concern of the international community in general, and of the ILO in particular, with regard to this category of workers, and it invites the Government to take appropriate measures to enable labour inspectors to exercise effective supervision of the application of the relevant legislation and, in particular, to bring to the notice of the competent authority defects or abuses noted in this field and which are not specifically covered by existing legal provisions, as envisaged by Article 3(1)(c). The Committee trusts that the Government will indicate in its next report the measures which have been taken or are envisaged in this respect and that relevant statistical data will also be provided in future annual inspection reports.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with satisfaction the Government’s detailed reports for the periods ending successively in June 1997, May 1998 and May 1999, as well as the information contained in the annual inspection reports for 1996, 1997 and 1998, in accordance with Article 21 of the Convention. The Committee takes due note of the conformity with the Articles of the Convention of the legal provisions and practice described by the Government. In particular, it notes with interest the use made of the guidance provided in the ILO publication of 1996 entitled Recording and notification of employment accidents and diseases for the development of an effective system for this purpose.

The Committee also notes with interest the detailed information provided by the Government concerning the staff of the labour inspectorate, the proportion of women therein and the specific rule conferred upon them, particularly for the supervision of enterprises employing female staff, and also on the resources made available to the staff for the discharge of its functions. The Committee hopes that the Government will continue to provide information on developments in the labour inspection system in each of its future reports and that annual inspection reports will continue to be prepared, published and transmitted to the ILO regularly and within the time limits set out in Article 20.

The Committee is addressing a request directly to the Government on certain points.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received, although it has noted the information in the report for the period ending June 1992. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee recalls that an ILO multidisciplinary mission visited Qatar in February 1992 at the Government's request, in order to make recommendations as to the labour inspection services. Those recommendations relate to the general need to improve implementation of the Convention, with special reference to bringing legislation more closely into line with Articles 3 (functions of the inspectorate) and 12 and 13 (their powers); to encouraging coordination with other government services (Article 5(a)); to inspectors' conditions of service and training (Articles 6 and 7(3)); and to the other points mentioned below. The Committee is pleased to note that the Minister hopes to implement the recommendations soon, and it trusts the next report will contain further details.

Articles 6, 10 and 16 of the Convention. The Committee notes that the Government acknowledges the shortage of labour inspectors to secure the most effective discharge of the duties conferred on them. It further notes the Government's intention to take measures to increase the number of inspectors, including safety and health inspectors. It hopes these measures will be adopted shortly, providing inspectors with the status and conditions of service that assure them stability and independence in their employment, so that they can perform their tasks effectively and, in particular, carry out regular visits to all workplaces liable to inspection. Please supply full details of progress made.

Article 13. The Committee notes the information provided in reply to its previous comments that the adoption of the draft Regulations on labour inspection prepared with the assistance of an ILO expert has been postponed by the Council of Ministers pending a general revision of the Labour Code intended to take into consideration modern international labour standards including those on labour inspection and the provisions of the Convention. The Committee hopes that the necessary measures will be taken soon and that the Government will provide full information.

Articles 19, 20 and 21. The Committee notes that no report on the activities of labour inspection has been published since that for 1987 due to the shortage of labour inspectors. It notes further that an expert has been designated to prepare a report and statistical forms with the help of the members of the ministry. The Committee hopes that these measures will enable the Government to publish and communicate the reports to the ILO and that they will contain all the information required by Article 21.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Further to its previous comments, the Committee notes with interest that an ILO multi-disciplinary mission visited Qatar in February 1992 at the Government's request, in order to make recommendations as to the labour inspection services. Those recommendations relate to the general need to improve implementation of the Convention, with special reference to bringing legislation more closely into line with Articles 3 (functions of the inspectorate) and 12 and 13 (their powers); to encouraging coordination with other government services (Article 5(a)); to inspectors' conditions of service and training (Articles 6 and 7(3)); and to the other points mentioned below. The Committee is pleased to note that the Minister hopes to implement the recommendations soon, and it trusts the next report will contain further details.

Articles 6, 10 and 16 of the Convention. The Committee notes that the Government acknowledges the shortage of labour inspectors to secure the most effective discharge of the duties conferred on them. It further notes the Government's intention to take measures to increase the number of inspectors, including safety and health inspectors. It hopes these measures will be adopted shortly, providing inspectors with the status and conditions of service that assure them stability and independence in their employment, so that they can perform their tasks effectively and, in particular, carry out regular visits to all workplaces liable to inspection. Please supply full details of progress made.

Article 13. The Committee notes the information provided in reply to its previous comments that the adoption of the draft Regulations on labour inspection prepared with the assistance of an ILO expert has been postponed by the Council of Ministers pending a general revision of the Labour Code intended to take into consideration modern international labour standards including those on labour inspection and the provisions of the Convention. The Committee hopes that the necessary measures will be taken soon and that the Government will provide full information.

Articles 19, 20 and 21. The Committee notes that no report on the activities of labour inspection has been published since that for 1987 due to the shortage of labour inspectors. It notes further that an expert has been designated to prepare a report and statistical forms with the help of the members of the ministry. The Committee hopes that these measures will enable the Government to publish and communicate the reports to the ILO and that they will contain all the information required by Article 21.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that, although brief information was sent in 1990, the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 10 and 16. The Committee notes from the Government's report that the number of labour inspectors is insufficient to secure the most effective discharge of the duties conferred on them. It hopes that the Government will take the necessary measures to increase the number of the labour inspectorate staff, so that they can perform their tasks effectively and, in particular, carry out regular visits to all workplaces liable to inspection.

Article 13. The Committee takes note of the Government's statement that the proposed amendments to the Labour Code and the draft Regulations concerning labour inspection prepared with the assistance of an ILO expert with a view to facilitating the application of the Convention, have been submitted to the Council of Ministers. It trusts that these texts will shortly be adopted and that they will confer on inspectors the powers provided for in this Article of the Convention.

Article 21. The Committee notes that the annual reports of the Ministry of Labour and Social Affairs for 1987-88 contain information only on the subjects listed in points (c), (d), (e), and (f) of this Article of the Convention (statistics of workplaces liable to inspection, number of workers employed therein, inspection visits, violations and penalties imposed, and occupational diseases). It hopes that future reports will contain all the information required by Article 21.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the information communicated by the Government in reply to its previous comments concerning the application of Article 15 of the Convention.

Articles 10 and 16. The Committee notes from the Government's report that the number of labour inspectors is insufficient to secure the most effective discharge of the duties conferred on them. It hopes that the Government will take the necessary measures to increase the number of the labour inspectorate staff, so that they can perform their tasks effectively and, in particular, carry out regular visits to all workplaces liable to inspection.

Article 13. The Committee takes note of the Government's statement that the proposed amendments to the Labour Code and the draft Regulations concerning labour inspection prepared with the assistance of an ILO expert with a view to facilitating the application of the Convention, have been submitted to the Council of Ministers. It trusts that these texts will shortly be adopted and that they will confer on inspectors the powers provided for in this Article of the Convention.

Article 21. The Committee notes that the annual reports of the Ministry of Labour and Social Affairs for 1987-88 contain information only on the subjects listed in points (c), (d), (e), and (f) of this Article of the Convention (statistics of workplaces liable to inspection, number of workers employed therein, inspection visits, violations and penalties imposed, and occupational diseases). It hopes that future reports will contain all the information required by Article 21.