Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Qatar (Ratification: 1976)

Individual Case (CAS) - Discussion: 2016, Publication: 105th ILC session (2016)



A Government representative said that the case had been examined in the context of a representation submitted in June 2014 and that Qatar had already expressed its willingness to implement the recommendations made by a tripartite committee and adopted by the Governing Body in June 2015. In addition, the Committee of Experts had considered that “the time elapsed between the adoption of the recommendations by the Governing Body (June 2015) and the deadline for submitting reports under article 22 of the ILO Constitution (1 September) might have been too short for the Government to report significant progress on the implementation of the recommendations …”, and had recalled that the Government was due to submit its report in 2017. He also questioned the purpose and usefulness of discussing the case such a short period after the publication of the recommendations of the tripartite committee. With regard to the questions raised by the Committee of Experts concerning paragraphs 32, 35, 36, 40, 42, 46 and 48 of the report of the tripartite committee, he wished to clarify a number of points, namely that: (i) crew members in the national air carrier had new employment contracts which guaranteed ground staff posts for pregnant workers; (ii) regarding paragraph 36, the prohibition relating to women’s access to company premises was only limited to the administrative buildings, and did not apply to the staff accommodation buildings, and was binding on men and women alike; (iii) under the new contracts, crew members were free to marry and change marital status in general, without prior authorization. That was consistent with section 98 of the Labour Code, which prohibited an employer to terminate the contract of an employee because of marriage; (iv) the rules governing rest periods did not contain any discrimination against women; and (v) the Government had paid great attention to the tasks of the labour inspectorate to ensure the effectiveness of law enforcement and had increased the number of labour inspectors.

With regard to the request by the Committee of Experts to amend sections 93 and 98 of the Labour Law, articles 28 and 35 of the Constitution required the State to guarantee free entrepreneurship and to prohibit any form of discrimination based on sex, race, language or religion. In addition, Labour Law No. 14 of 2004 and Law No. 9 of 2009 on human resources made no distinction between men and women with respect to wages or careers. On the contrary, women had a number of privileges such as: (i) the right to bonuses and other allowances that were normally granted to married employees; (ii) paid leave in the case of a disabled child; and (iii) paid maternity leave. Regarding the adoption of legislation to improve women’s participation in the labour market, the “Qatar Vision 2030”, adopted in 2008, emphasized the effective role of women in society both economically and politically. Regarding the issue of migrant domestic workers, a draft law regulating their activities was being prepared. Although that category of workers was not covered by the labour legislation, it was still covered by civil law. In addition, their contractual relationship with employers was governed by model contracts annexed to the bilateral agreements signed by the Government of Qatar with labour-supply countries. Protection under criminal law was guaranteed by section 322 of the Penal Code. The Committee of Experts had also requested the Government to take the necessary steps for the adoption of legal provisions prohibiting sexual harassment at work. Section 291 of the Penal Code expressly provided for such protection. As for Law No. 21 of 2015 regulating the entry and exit of expatriates and their residence, there was no doubt that it had abolished the sponsorship system. It was no longer possible to require a worker to remain under contract with only one employer. Regarding the activities of the Department of Labour Inspection, in 2016 a total of 110 women and men inspectors had been trained in cooperation with the Arab Labour Organization, the Institute of Management and the National Department of Rights. There were currently 397 labour inspectors for 4,000 workers, which exceeded the ratio envisaged by the ILO, namely, about one inspector for 10,000 workers. In conclusion, he said that, in its report due in 2017, the Government would not fail to include: (i) copies of bilateral agreements and employment contracts; (ii) copies of new employment contracts between private employment agencies and workers; and (iii) new statistics on women’s participation in the labour market.

The Worker members said that they continued to receive alarming reports from migrant workers about the abuse of their fundamental rights, including discrimination in employment. The Committee of Experts had made observations on several aspects relating to discrimination in occupation and employment in Qatar and a representation submitted by the International Transport Workers’ Federation (ITF) and the International Trade Union Confederation (ITUC) had resulted in a tripartite committee report, which had been adopted by the Governing Body in June 2015. The Government claimed that progress had been made in some areas. However, the flight crew of the national airline continued to face discrimination in practice, in violation of the Convention. The representation alleged that the existing employment contracts provided that employees were required to obtain prior permission from the company if they wished to change their marital status. Referring to the representation and its recommendations, the Worker members welcomed the introduction of new contracts, but noted that the changes appeared to be cosmetic. In practice, there appeared to be a continued requirement for government approval of marriage requests. Furthermore, the company was employing a new tactic, namely issuing cautionary letters to employees, ostensibly on the grounds of performance, and forcing them to resign, although the only possible reason for such action appeared to be a request for a change in marital status. In addition, under the new contract, women who became pregnant were offered temporary ground jobs. However, most unmarried women cabin crew resigned as soon as they knew that they were pregnant, out of fear that if they informed their management they would be terminated, as having a child outside marriage was illegal in Qatar (which in itself was a discriminatory measure). Informing management of the change in marital status had led to retaliatory dismissal. The Government needed to provide statistics to show how many pregnant employees were in fact offered ground jobs, how many took alternative jobs, and how many resigned upon pregnancy. Moreover, it was still prohibited for women employees to be dropped off or picked up from the company premises accompanied by a man other than their father, brother or husband. This was gender-based discrimination. The Government continued to emphasize that this prohibition related specifically to compliance with a particular cultural norm in Qatar. In its report to the Committee of Experts, the Government had made the preposterous statement that it had not found any violations related to discrimination in employment and occupation. There was, however, no evidence, for example, that labour inspectors had ever visited the national airline premises. As noted with regard to the Labour Inspection Convention, 1947 (No. 81), the Government must conduct labour inspections proactively and provide statistical information to the Committee of Experts on the activities carried out by the labour inspectorate. The Worker members were particularly interested in information pertaining to the 75 women labour inspectors hired by the Government.

With reference to Labour Law No. 14 of 2004 and the 2009 Civil Service Law, which did not specifically prohibit discrimination on the grounds set forth in the Convention, the Worker members urged the Government to amend these laws, and specifically sections 93 and 98 of the Labour Law, to ensure that the legislation covered all recognized grounds of discrimination, in both its direct and indirect forms, and applied them to all aspects of employment and occupation. Domestic workers continued to be excluded from the scope of labour legislation, despite repeated promises to amend the legislation, consistent with the Domestic Workers Convention, 2011 (No. 189). As a result, domestic workers had no legal rights as workers under Qatari law. Some of those rights might be specified in employment contracts during the recruitment process but, without the force of a legal requirement, it was unclear how workers could enforce them. The Worker members were also concerned that the Government had not provided information on measures to address discrimination in the workplace, including measures to promote the employment of women. In 2011, the Qatar Statistics Authority had released a report indicating that men earned 25 to 50 per cent more than women. In the workforce, it had been documented that women accounted for a mere 14 per cent of leadership positions. Some companies also demanded letters from male relatives allowing women to work. Evidence showed that Qatar had much more to do to promote equality in the workplace. The Worker members supported the observations of the Committee of Experts in this regard and urged the Government to take immediate steps to ensure that women did not face gender-based discrimination in the workplace. In addition, the legislation did not adequately prohibit sexual harassment, nor were there effective means of redress, remedies or sanctions. The Government was therefore urged to follow the recommendations of the Committee of Experts in this regard. Finally, the Worker members noted the observations of the Committee of Experts regarding discrimination against migrant workers, in particular in the context of the sponsorship system (kafala). This issue, raised initially under the Forced Labour Convention, 1930 (No. 29), had been taken up by the Governing Body. They emphasized the need for the Government to move expeditiously to abolish the kafala system, as well as the need to undertake the reforms recommended by the Committee of Experts and the Conference Committee with regard to Conventions Nos 29 and 81. Moreover, the determination of wage rates according to the country of origin was blatantly discriminatory, and immediate efforts needed to be made to ensure that workers were paid according to their work, and not according to their nationality.

The Employer members thanked the Government for the information provided. Recalling that the Convention required each ratifying member State to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment, in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof, they indicated that this case had been the subject of eight observations by the Committee of Experts since 2001 and that it had been already examined by the Conference Committee in 2002. They expressed deep concern at the fact that the observations of the Committee of Experts directly named an enterprise. In light of the fact that the observation under the Convention applied to government action, they recalled that the protocol of the Conference Committee did not permit the use of the names of enterprises in the discussion of a case. With regard to the observation of the Committee of Experts concerning the follow-up to the recommendations of the tripartite committee set up to examine a representation made under article 24 of the ILO Constitution by the ITUC and the ITF, and adopted by the Governing Body in June 2015, the Employer members urged the Government to follow up on the request made by the Committee of Experts to submit detailed information on the measures taken in the airline sector in its next article 22 report on the application of the Convention.

Recalling that the Committee of Experts had observed that no information had been provided by the Government on the practical measures taken to address discrimination in employment based on gender, political opinion, national extraction and social origin, and that no legislative framework was in place to address this issue, they urged the Government: (i) to adopt a clear legislative framework prohibiting discrimination based on Article 1(1)(a) of the Convention; (ii) to provide the Committee of Experts with a full report on the measures taken in practice to ensure that individuals were not subject to discrimination; (iii) to provide information on the practical measures taken to improve the participation of women in the labour market pursuant to the Qatari National Development Plan (2011–15); and (iv) to adopt measures to ensure real and meaningful equality in employment. With regard to the amendment of sections 93 and 98 of the Labour Law of 2004, they recalled that the Committee of Experts had made observations related to the incorporation of political opinion, national extraction and social origin in the prohibited grounds of discrimination. With respect to the principle of the prohibition of discrimination on the basis of gender, they noted that since 2006 the Committee of Experts had expressed concerns regarding the legislative framework to ensure the prohibition of sexual harassment in the workplace. In this regard, they urged the Government to adopt a clear legislative framework addressing discrimination, including discrimination on the basis of gender, including the prohibition of sexual harassment in the workplace. They emphasized that the legislative framework should include a system for hearing and the determination of complaints, as well as remedies and sanctions. With respect to issues of discrimination against migrant workers, the Committee of Experts had observed with concern that the vast majority of economically active workers in the country were non-Qatari, and that the kafala system limited the possibility for migrant workers to change employer, even in cases where the workers had experienced discrimination. In this regard, they welcomed the information provided by the Government on the abolition of the kafala system and urged the Government to provide information on the legislative framework and measures taken in practice to protect workers from discrimination, including migrant workers.

The Employer member of Qatar emphasized that the case had already been examined by a tripartite committee, which had made recommendations that had been adopted by the Governing Body in June 2015. The Government had replied to these recommendations and the Committee of Experts had taken note of that reply in its report. He expressed concern at the comments made by the Committee of Experts, which clearly mentioned the name of a multinational enterprise. This constituted defamation and was harmful to the economic interests of the multinational enterprise in question. It was therefore important to remove any such reference from the report of the Committee of Experts. The Government had demonstrated its goodwill by adopting a legislative framework that granted adequate protection to all workers. Bank transfers of wages were operational and Law No. 21 of 27 October 2015 had been passed. In its report, the Committee of Experts had requested the adoption of legislation to increase the participation of women in the labour market. Equality of treatment between men and women was guaranteed by the Constitution, and women had obtained various high-level posts, including as ministers, heads of enterprises, prosecutors and ambassadors. The latest figure was some 6,500 businesswomen. He requested that his Government be given more time to apply Law No. 21 of 27 October 2015, as only once it had been implemented would it be possible to assess any potential gaps. Tripartite consultations could then be held to address them.

The Government member of Oman, also speaking on behalf of the United Arab Emirates, Bahrain, Saudi Arabia, Kuwait and Yemen, welcomed the Government’s efforts to comply with international labour standards, especially the action taken to develop laws and regulations aimed at ensuring the rights of all workers. It was regrettable to notice that some cases were picked up regularly, particularly when such cases had been discussed in previous sessions, or were still under discussion by other ILO committees, and that sufficient time had not been given to the Government to implement earlier recommendations by ILO supervisory bodies. The case of Qatar, which was under discussion, was an example of a case in which insufficient time as been given for the implementation of previous recommendations. The Government had adopted laws to promote gender equality. He said that statistics for women in the labour market were not necessarily an indicator of discrimination, as some women in Arab societies wanted to be full-time housewives to raise their children. However, the statistics provided were a good indicator of the great effort made by Qatar to promote the participation of women in the labour market. Moreover, the draft law on domestic workers was a clear indication that the Government was willing to provide protection for all workers on its territory. He emphasized the support of the Gulf Cooperation Council for the action taken by the Government, and particularly the development of laws and regulations in line with international labour standards, including the Convention. He hoped that Qatar would provide the information requested in its next report to the Committee of Experts.

The Government member of the United States said that, since the entry into force of the 2003 Constitution of Qatar and Labour Law No. 14 of 2004, the Committee of Experts had repeatedly observed that Qatar’s laws fell short of effectively prohibiting discrimination with respect to employment and occupation on the grounds set out in the Convention, and particularly on those of political opinion, national extraction and social origin. The Committee of Experts had also observed that certain categories of workers, including domestic workers, were excluded from the coverage of the Labour Law. The Government had taken some measures to promote equality of opportunity in employment since the legal changes of 2003 and 2004. These measures included efforts targeting the workforce participation of women and strengthening the Government’s capacity to receive complaints and enforce labour laws. She nevertheless called on the Government to renew its commitment and redouble its efforts to protect all workers in the country from discrimination and to promote equality in employment and occupation. She specifically urged the Government to: implement the recommendations of the tripartite committee (article 24 of the ILO Constitution) adopted by the Governing Body in June 2015 and provide the requested information on the implementation measures to the Committee of Experts at its 2016 session; amend Labour Law No. 14 of 2004 to incorporate provisions explicitly prohibiting discrimination in employment on the basis of political opinion, national extraction and social origin; adopt legislation on domestic workers in line with Convention No. 189; and, as requested on several occasions, remove restrictions that could prevent migrant workers from terminating their employment relationship. She finally encouraged the Government to strengthen its national policy on non-discrimination in employment by modifying Law No. 21 of 2015 accordingly, before its entry into force in 2016.

The Employer member of the United Arab Emirates welcomed the Government’s efforts and the positive measures taken to continue the constructive dialogue and cooperation with the ILO and all relevant stakeholders, which emphasized its political will to increase the promotion and protection of workers’ rights. In particular, the national legislation prohibited discrimination on the basis of political opinion, social or ethnic origin or religious belief, and also prohibited discrimination against women with regard to employment. The Government also made sure that the rights of domestic and foreign workers were respected, including through stringent laws on sexual harassment. Emphasizing that the national legislation had abolished the sponsorship system (kafala), he called on the Committee to take due note of the progress made in this regard and to give more time to the Government to implement changes. While encouraging the Government to continue making progress, he also pointed out that employers needed to take measures, for example by reducing working hours during Ramadan. In conclusion, he recalled that companies should not be named in the observations of the Committee of Experts.

An observer representing the International Transport Workers’ Federation (ITF) said that, having filed the representation against Qatar for non-observance of the Convention together with the ITUC, the ITF was familiar with the Government’s failure to develop a legal framework to protect the rights of women workers and to enforce existing legal provisions. The Committee of Experts had observed that the Constitution and Labour Law of Qatar did not contain specific provisions to protect workers against direct and indirect discrimination, pursuant to Article 1(1)(a) of the Convention. The Constitution of Qatar unequivocally provided that all persons were equal before the law and that there would be no discrimination whatsoever on grounds of sex, race, language or religion. Sections 96 and 98 of the Labour Law also provided for equal pay for equal work and protection against dismissal on the grounds of marriage and maternity. However, this fell short of effectively prohibiting discrimination on all the grounds set out in the Convention. He encouraged the Government to follow the suggestion of the Committee of Experts and to amend the Labour Law to incorporate political opinion, national extraction and social origin as prohibited grounds of discrimination. He also hoped that the country’s labour inspectorate would carry out gender-sensitive inspections in the national airline and in all workplaces to help eradicate the discriminatory practice of government approval for marriage, which had a direct impact on the reproductive rights of women workers, as having a child outside marriage was illegal. Recalling that the ratification of Convention No. 189 would constitute real progress in pursuing the objectives that it enshrined, he welcomed the Government’s indication that it would shortly adopt legislation on domestic workers in line with that Convention.

The Government member of Switzerland urged the Government to adopt a clear legislative framework for the protection of workers against discrimination in employment and occupation, whether based on race, colour, gender, religion, political opinion, national extraction or social origin. She welcomed the Government’s intention to adopt a law on domestic workers that was in conformity with Convention No. 189 and she encouraged it, along with the country’s competent bodies, to take steps to adopt and implement such a law as soon as possible. On the other hand, she had learned with dismay of the shortcomings of Qatar’s legislative framework for the protection of men and women workers against sexual harassment and she supported the request by the Committee of Experts for it to adopt appropriate provisions on the subject. At the 2015 meeting of the Conference Committee, the Government of Switzerland had welcomed the Government’s decision to progressively abolish the sponsorship system. She trusted that the new legislation would respect fully the rights of all migrant workers. She noted with regret that Law No. 21 of 27 October 2015, which was due to come into effect in October 2016, did not appear to be adequate to abolish the system in law and practice. Her Government therefore entirely agreed with the Committee of Experts when it urged the Government to take steps to amend the law before it came into effect, so as to eliminate the obstacles to freedom of movement and to the freedom to terminate a contract, both of which were essential, especially where workers faced discrimination, such as that covered by the Convention.

The Employer member of Jordan indicated that, when looking at the current situation of labour relations in Qatar and comparing it to the situation a few years ago, the Committee should welcome the progress that had been made. The Government had been taking positive measures to improve the situation in the labour market, especially with regard to the employment of women and their protection against discrimination. It was important not to pick and choose from the information provided by the Government, and the Conference Committee needed to take into account the whole picture. Considering that the Government had provided a full response on the matters raised, he requested the Conference Committee not to pursue its examination of this case.

The Worker member of Indonesia said that his country was one of the major countries of origin for domestic workers in Qatar where, due to their continued exclusion from the Labour Law, these workers faced extreme exploitation in the workplace, including harassment, severe physical abuse and rape. In 2014, the United Nations Committee on the Elimination of Discrimination against Women had expressed deep concern at the high prevalence of domestic and sexual violence against women and girls, including women migrant domestic workers. When domestic workers brought a case of harassment to the attention of the authorities, they were sometimes deported and no charges were filed. While in law domestic workers had the right to bring a case to court, in practice this was almost impossible. He urged the Government to take immediate steps to include domestic workers in the Labour Law, to adopt legislation on sexual harassment and to ensure the effective enforcement of this legislation, including the prosecution of those responsible and the imposition of dissuasive sanctions.

The Government member of Lebanon recalled that the situation of Qatar had been examined by the Conference Committee in 2014 in relation to Convention No. 81, as well as in 2015 with regard to Convention No. 29. The Committee was now discussing Convention No. 111. In 2015, the Government had adopted new labour legislation, thus bringing national law into line with international labour standards. Qatar was providing employment opportunities for foreign workers. He was of the view that there was no discrimination in Qatar. If discrimination was in fact occurring, workers were free to leave the country. He would have hoped that the issue of protecting Palestinian workers against discrimination would have been discussed, rather than the present case. The positive measures being taken, as well as the situation of employment in the country, should be examined after the 2022 World Cup.

The Employer member of Saudi Arabia welcomed the steps taken by the Government for the application of the Convention and indicated that Qatari legislation did not contain any discriminatory provisions against women. He considered Qatari legislation to be fully consistent with international labour standards and referred to the National Development Plan (2011–15) in this regard. He added that there was a fierce campaign against sexual harassment at work in the country and that the Government was in compliance with its international obligations.

The Worker member of Norway, also speaking on behalf of the trade unions of the Nordic countries, said that the workforce in Qatar consisted of 1.7 million migrant workers, many of whom were exploited and deprived of their economic and social rights. Moreover, this workforce was mainly male-dominated, with women constituting barely 12 to 13 per cent of the economically active population. Despite the fact that Qatar’s Constitution provided that there should be no discrimination on grounds of sex and that all citizens were equal in public rights and duties, discrimination was widespread in the country. She expressed concern at the persistence of discrimination against women in the labour market, the social stigma attached to working women and social norms, the persistent gender wage gap (25 to 50 per cent) and the under-representation of women in leadership positions. She also noted with concern the prevalence of prejudices and negative attitudes towards migrant domestic workers, including women, who were reported to be victims of various forms of exploitation and abuse, including forced labour, physical and sexual violence, inhumane or degrading treatment, unpaid wages, excessive working hours, confiscation of passports and restrictions on freedom of movement and communication, in particular under the sponsorship system (kafala). Emphasizing that women and men were both fully able to perform work to an excellent level, she urged the Government to ensure equal opportunities for women in the labour market by repealing discriminatory laws, regulations and practices that required a male guardian’s consent or approval for women to obtain employment. She also urged the Government to protect migrant workers from violence, abuse and exploitation and to ratify and implement Convention No. 189.

The Employer member of Bangladesh welcomed the information provided by the Government, including the recent laws adopted and the legislative review process, as well as the law concerning domestic workers, which aimed to align national legislation with Convention No. 189 and its corresponding Recommendation. The employment of domestic workers was generally regulated by model contracts, based on agreements signed by the Government and labour-sending countries. He welcomed the fact that the sponsorship system (kafala) had been abolished and replaced by contracts of employment. Workers were now granted freedom of choice of employment and allowed to change employer. He welcomed the measures already taken and encouraged the Government to continue taking measures in line with international labour standards.

The Government member of Belgium, also speaking on behalf of Denmark, Finland, Iceland, Norway and Sweden, reaffirmed the importance of the Beijing Declaration and Platform for Action for women’s empowerment, and of the Convention on the Elimination of All Forms of Discrimination against Women, which provided a legal framework and a comprehensive set of measures for the promotion of gender equality in education and employment. She emphasized that compliance with fundamental ILO Conventions, including the Convention under discussion, was essential for social and economic stability in any country, as it contributed to creating an environment conducive for the fulfilment of everyone’s potential, as well as a basis for solid and sustainable growth and inclusive societies. She emphasized the key importance of laws and regulations in combating discrimination. She welcomed the Government’s aim to increase women’s participation in the labour market, bringing legislation into line with Convention No. 189, and the plan to increase the number of nurseries and kindergartens. She noted however the assessment of the Committee of Experts that a clear legislative framework addressing protection against discrimination in employment and occupation was lacking. She encouraged the Government to make the necessary legislative amendments to bring the legislation into line with the Convention and to take further steps to promote equality.

An observer representing the World Federation of Trade Unions (WFTU) welcomed the steps taken by the Government for the abolition of the sponsorship system (kafala) and to allow workers to change jobs without the risk of suffering discrimination or punishment. With regard to gender equality, he indicated that the Qatari Constitution ensured that women could take care of their families based on local culture and traditions. He added that, despite legal provisions in place to prevent sexual harassment, a few cases were reported, like in other countries, and there was no way to prevent this. He emphasized that in general there were clear positive indications that the Government was moving forward in its compliance with the Convention and he expected similar positive responses by the Government in future.

The Government member of Bahrain welcomed the detailed information provided by the Government on the measures taken for the implementation of international labour standards, especially the Convention under review. The Government had made considerable efforts to comply with international labour standards in law and practice. It had taken serious steps to protect all workers, without any discrimination, reflecting its observance of international labour standards, including the provisions of the Labour Law, which prohibited discrimination on the grounds of political opinion or social origin. Moreover, it did not allow any type of discrimination to be practised against women, in relation to wages, career opportunities or other privileges. He added that a series of positive and encouraging measures had been taken, including a wage protection system and an increase in the efficiency of the labour inspectorate. Moreover, the Government imposed harsher sanctions on employers who violated the regulations, for example through the delayed payment of wages or the withholding of workers’ passports. These were all positive measures which provided additional social protection to workers without discrimination. The Government was now preparing a new law on domestic workers with provisions on social protection. It was thus demonstrating its seriousness in meeting its international obligations. Finally, he endorsed the statement made by the Government and expressed the need to take into account all the positive developments that had occurred.

The Worker member of Switzerland, speaking on behalf of the Swiss Federation of Trade Unions, stated that one of its affiliates, UNIA, was actively working with Building and Wood Workers’ International (BWI) to defend and promote the rights of migrant workers in Qatar, especially in construction sites for the 2022 World Cup. UNIA had participated in visits to the country, where it had been able to gather relevant information through meetings with migrant workers. The key issues of concern for migrant workers in construction sites were the sponsorship system (kafala), which had only been superficially replaced by Law No. 21 of 27 October 2015, the low level of wages and differences in remuneration based on nationality, which were in direct breach of the Convention. Even though workers did the same type of work, they were often paid differently based on their countries of origin. In addition, workers were paid far lower than the minimum wages set by their countries of origin to work in Qatar as low-skilled workers in the construction sector, and some workers, upon arrival, were forced to sign a new employment contract with much lower wages than the established minimum wage. UNIA therefore strongly advocated bringing an end to substitution contracts, unless the conditions were better than the original agreement and the worker was fully aware and accepted the changes. He called on the Government to implement minimum wage legislation and equal pay for equal work policies regardless of gender, nationality or religion in order to ensure the full implementation of the Convention in both law and practice. He also called on the Fédération Internationale de Football Association (FIFA) to finally integrate respect for ILO Conventions in host countries as an essential element when examining the assignment of its events.

The Government member of the Bolivarian Republic of Venezuela welcomed the information provided by the Government, which showed that it had responded to the recommendations, observations and comments by the Committee of Experts. Sections 93 and 98 of the Labour Law should be interpreted in the light of the Constitution, which prohibited discrimination on political or social grounds and on the basis of nationality. Law No. 8 of 2009 on human resource management made no distinction between men and women in terms of wages and occupational advantages. He welcomed the fact that a law on the protection of domestic workers was being drafted, that the Law establishing the sponsorship system (kafala) had been repealed and that the National Development Plan (2011–15), which covered aspects relating to education and training, covered gender equality. He called on the Committee to take into account the positive points of the Government’s explanations and trusted that its conclusions would be objective and balanced, so that the Government would take them duly into consideration when applying the Convention.

The Worker member of Bahrain said that the Committee of Experts should not have cited the company name in its comments. He suggested that all those who had mentioned the existence of harassment in Qatar should actually visit the country. The matters raised against the Government should not be dealt with in this Committee. Instead, the Conference Committee should be discussing issues relating to Palestinian workers. The members of the Committee should support Qatar in its efforts to successfully organize the 2022 World Cup, a major sporting event. The Government was the subject of complaints before other ILO supervisory bodies for a very few individual cases at the national level. The Conference Committee should give encouragement to the Government for the positive measures adopted and should welcome the contribution of a national airline as a major employer.

The Government member of Indonesia said that her Government noted the efforts of the Government of Qatar in implementing the Convention and welcomed in particular the abolition of the sponsorship system (kafala) to ensure the freedom of movement of workers, including domestic migrant workers. She also welcomed the preparation of legislation on domestic workers and expressed the hope that the Government would expedite the process of finalizing the legislation so that the provisions of the Convention were implemented in an effective manner.

The Employer member of Algeria observed with satisfaction that, according to the Government’s explanations, the question of non-discrimination on grounds of political opinion, national extraction and social origin had been resolved by Article 35 of the Qatari Constitution. The national legislation contained no provisions discriminating against women in employment and sexual harassment at the workplace was a criminal offence. It was clear that the Government had made enormous progress and should be supported and accompanied in its efforts.

The Worker member of Kuwait welcomed the measures taken by the Government to address the issues raised by the Committee of Experts concerning the sponsorship system (kafala). This system had been replaced by model contracts. Migrant workers could now freely change their employers. The Government was committed to this new development and had shown its readiness to address the issue by taking measures in accordance with the requirements of the Convention. The Committee should take these efforts into consideration when preparing its conclusions.

The Government member of Mauritania considered that the Government had demonstrated its achievements in implementing the Convention. All discrimination based on opinion and social origin were criminalized and sanctioned. The Law on human resources prohibited discrimination between men and women in relation to wages and prohibited sexual harassment at the workplace. Furthermore, the system of sponsorship (kafala) had been abolished. He called on the Committee to take into consideration these positive developments when adopting its conclusions.

The Employer member of Sudan welcomed the information provided by the Government, and particularly the adoption of new legislation that was inclusive and covered non-discrimination, the promotion of equality in employment, as well as positive discrimination, allowing women to enter the labour market. Women could have access to managerial positions in the national economy. Inspectors were also receiving training to ensure a decent working environment. This also prevented sexual harassment in the workplace. Severe sanctions were taken when violations occurred. Moreover, the sponsorship system (kafala) was no longer applicable and workers could freely change their employers. Finally, the National Development Plan (2011–15) aimed at promoting international labour standards and national legislation.

The Worker member of the United Arab Emirates welcomed the efforts made by the Government of Qatar to improve the conditions of work, and particularly, the abrogation of the sponsorship system (kafala) and the possibility given to foreign workers to freely change employer. Women took an active part in the labour market. Furthermore, the Constitution of Qatar prohibited any discrimination and the Government had demonstrated its commitment to give full effect to the Convention. The Committee should take these achievements into consideration in its conclusions.

The Government member of Malaysia expressed the belief that the steps taken by the Government of Qatar to address the Convention constituted a way forward to eliminate the issues listed by the Committee of Experts. Noting in particular the establishment of a platform for workers to submit complaints and the abolition of the kafala system, she expressed support for the position of the Government and called on the Committee to consider the important efforts and progress made in addressing the issues raised under the Convention.

The Employer member of Iraq expressed concern that Qatar had been included in the short list of individual cases. The Government and employers of Qatar were committed to international labour standards and fundamental human rights. Qatari laws guaranteed the rights and freedom of all workers. Iraqi employers supported the statements made by the Qatari Government and employers. The conclusions of the Committee needed to be fair and equitable. Qatar was a major partner in receiving migrant workers at the international level and this should be encouraged, not hindered. Taking into account the Government’s goodwill and openness to cooperation in addressing the issues raised, it would only be appropriate and fair to remove Qatar from the list of cases to be discussed by the Committee.

The Government member of Sudan noted the seriousness of the Government in promoting its legislation, which prohibited discrimination in employment and occupation. Article 35 of the Constitution of Qatar prohibited any discrimination whatsoever on grounds of political opinion, national extraction or social origin, and the labour legislation was interpreted in the light of this provision of the Constitution. Furthermore, Qatar was considering adopting a law on domestic workers in accordance with the provisions of Convention No. 189, but needed more time to implement its laws in an appropriate manner.

The Government member of Senegal thanked the Government for the information provided and welcomed the range of measures it had adopted, which demonstrated the country’s political commitment to cooperate with the ILO. She hoped that the ILO would continue to support Qatar by providing technical assistance.

The Employer member of Oman recalled that, in the previous discussion by the Committee, the former Labour Minister of Qatar had expressed his readiness to cooperate with the ILO and had promised to update the national legislation on workers’ rights. In this regard, the law on sponsorship (kafala) had been repealed by a new Decree, and this promulgation demonstrated the good cooperation of the Government of Qatar. The Committee should take into consideration these positive developments when preparing its conclusions.

The Government member of Cuba thanked the Government for the information it had provided and encouraged those present at the meeting to continue on the path of cooperation and dialogue by means of the exchange of information, the provision of assistance for capacity building, the promotion and implementation of good practices and mutual recognition of the progress made and the challenges that still lay ahead. She believed that that would be the best way to attain the objectives in an effective and sustainable manner.

The Government member of India thanked the Government for providing a detailed submission and expressed appreciation of the various measures initiated to give effect to the recommendations of the tripartite committee set up by the ILO Governing Body, as well as to the comments of the Committee of Experts. He noted the Government’s submission that sections 93 and 98 of the Labour Law were interpreted in light of Article 35 of the Qatari Constitution, which prohibited any discrimination based on political opinion, national extraction or social origin. He further appreciated the comprehensive and integrated approach adopted in implementing the National Development Plan (2011–15), as well as its focus on promoting gender equality and inclusiveness in the education and vocational training systems. Positively noting the steps taken to protect the rights of domestic workers, including the drafting of legislation on domestic workers, he encouraged the Government to expedite the adoption of the legislation and to align it with the provisions of Convention No. 189 and its accompanying Recommendation. He also noted the clarifications provided that new Law No. 21 of 2015 completely abolished the sponsorship system (kafala) and replaced it with an employment contract system. Moreover, Qatar had extended full cooperation to the high-level tripartite delegation that had visited the country and had demonstrated its continued commitment to work with the social partners and to avail itself of appropriate technical assistance from the ILO to further improve labour rights and labour protection. He supported Qatar’s efforts to further strengthen its compliance with the Convention and progressively increase the participation of women in the labour market, and he requested the Committee to fully take into account the detailed responses provided by the Government when making its recommendations.

The Government member of China noted the information provided by the Government on the steps taken to implement the measures recommended by the Committee of Experts, including the adoption of legal provisions expressly defining sexual harassment as a crime, the abolition of the sponsorship system, and the provision of vocational training and guidance. He encouraged the ILO to provide the necessary technical assistance, as requested by the Government.

The Government member of Canada expressed continuing concern at the situation of labour rights in Qatar. She strongly supported the call by the Committee of Experts for the Government to take the necessary measures to ensure the protection of all workers against discrimination on all prohibited grounds, in both law and practice, and recalled the request by the Committee of Experts for information on the measures taken or envisaged to protect migrant workers from such discrimination. She also urged the Government to adopt measures to curb any discrimination against women in the workplace, encouraged it to increase women’s participation in the labour market and recommended the adoption of draft legislation on domestic workers, a category of workers hitherto excluded from the Labour Law of 2004. Recalling the observations of the Committee of Experts on the insufficiency of the legislative framework to ensure the prohibition and effective protection against sexual harassment in the workplace, she strongly supported the requests for the Government to take the necessary steps to adopt legal provisions to prohibit quid pro quo and hostile sexual harassment at work, and to provide effective mechanisms of redress, remedies and sanctions. She also concurred with the Committee of Experts that the Government should provide further information on the steps taken by the Labour Inspection Department to detect cases of discrimination in the workplace, as well as on the measures being considered for the training of labour inspectors. She expressed appreciation of the information provided by the Government representative to the Committee and looked forward to the provision of further information in future, as requested by the Committee.

The Government member of Turkey noted the important improvements made in law and practice with regard to the application of the Convention, and particularly the annulment of the sponsorship system (kafala) by new legislation introducing a contract-based system and the preparation of draft legislation to regulate the work of domestic workers by increasing the capacity of the relevant inspection bodies of the Ministry and to provide guidance and counselling to workers with a view to informing them of their rights and obligations. Noting with interest that the National Development Plan (2011–15) included comprehensive and integrated strategies and projects to ensure equality and inclusiveness for each sex and each age group in employment and occupation, he urged the Government to continue working closely with the ILO.

The Government member of Algeria noted the information provided by the Government, especially the abolition of the sponsorship system (kafala), the introduction of a system of contracts, the adoption of a National Development Plan and the creation of a labour inspection service. He welcomed Qatar’s cooperation with the ILO.

The Government member of Bangladesh welcomed the progress made in enforcing existing laws and the initiative for legislative reforms, particularly on wage payments to expatriate workers, employment contract systems, the employment of domestic workers and various other improvements. Encouraging the ILO to provide technical cooperation to Qatar to complete the ongoing reform process and further improve enforcement, he called on the Committee to take into account the significant efforts and progress made by the Government in addressing the issues raised.

The Government member of Morocco thanked the Government for the information and clarifications provided to the Committee, as well as its present and future efforts to address the comments of the Committee of Experts. The Government had adopted new legislation ensuring the protection of workers against all forms of discrimination in employment. It had also demonstrated its will to take all the necessary measures to resolve the issues raised by the Committee of Experts, including through the adoption of the National Development Plan (2011–15), which focused on equality and inclusiveness in education and training. The plan should facilitate the adoption of new legislation to address the concerns raised by the Committee of Experts. Draft legislation on domestic workers had been prepared, based on the provisions of Convention No. 189. Law No. 21 of 2015 enabled migrant workers to change their employers freely. All of the measures taken by the Government should be welcomed and the Government should be encouraged to cooperate with the ILO to continue the legislative reform process.

The Worker member of Benin noted with satisfaction that the Government had taken steps to implement the Convention and hoped that the situation of men and women workers under the sponsorship system (kafala) would very soon change. Further noting with satisfaction that the country was in the process of drafting legislation on domestic workers, he requested the Conference Committee to take due note of the steps taken and to reflect them in its recommendations.

The Government representative noted with interest the observations made by the Employer and Worker members, as well as all the other interventions. The Government would take into consideration these observations and implement them in national law in order to promote and protect workers’ rights regardless of their sex, origin or religion. With regard to inequality in wages, the law addressed this issue, as well as conditions of work. Wages were subject to demand and supply on the labour market, regardless of sex or origin. Qatar had repealed all limitations on freedom of movement. In this regard, the sponsorship system (kafala) had been replaced by an employment contract, the new law would enter into force in December 2016 and sanctions would be imposed in cases of violation. Positive steps had been taken by the airline company, in particular the amendment of the employment contract, which would cover all crew members. The new contracts had entered into force and could no longer be declared null for the reasons raised during the discussions. Inspections were organized by the Ministry of Labour and statistics were available on that subject. The Committee of Experts would be provided with inspection reports. In conclusion, the Government of Qatar was going forward in its efforts to maintain and protect the rights of workers by adopting new legislation encouraging and improving the participation of women in the labour market.

The Employer members thanked the Government for its submission and considered that a constructive debate had taken place in which the Government had described some of the measures taken to address a variety of issues raised in the recommendations made by the tripartite committee and adopted by the Governing Body, as well as in the observations of the Committee of Experts. They hoped that the Government would continue to engage in a positive manner to address these most important issues. They urged the Government to: adopt a clear legislative framework addressing discrimination, recalling the prohibited grounds of discrimination specified in Article 1(1)(a) of Convention No. 111, including protection against sexual harassment in the workplace; provide the Committee of Experts with a full report on the measures taken in practice to ensure that individuals were not subject to discrimination on the prohibited grounds in the context of employment and occupation; provide information on the practical measures taken to improve the participation of women in the labour market pursuant to the National Development Plan (2011–15) and the commitment made by Qatar to the Committee; and continue its steps to ensure real and meaningful equality in employment and occupation. The Employer members hoped that the Government would take every measure to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment with a view to eliminating discrimination based on the prohibited grounds. They also urged the Government to continue its collaboration with the ILO and to avail itself of technical assistance to fully address the issues raised in both law and practice.

The Worker members indicated that it could be inferred from the statements made that discrimination in occupation and employment was deeply engrained in Qatari society. While that situation could not be expected to change overnight, it should change and change should start immediately. Laws prohibiting all forms of discrimination in occupation and employment should be adopted as soon as possible, in addition to proactive programmes to promote the employment of women on equal terms with men. Moreover, in order to ensure the full participation of women in the workforce, it would be necessary to ensure protection against sexual harassment at work through effective remedies and dissuasive penalties. In addition, discrimination against migrant workers should also be addressed as a matter of urgency. The Worker members were of the view that the 2015 reforms essentially amounted to kafala with a new name and were not incompliance with Convention No. 29. The protection granted under labour law should be extended to migrant domestic workers. The Worker members urged the Government to: (1) fully comply, in both law and practice, with the decision adopted by the Governing Body at its 324th Session (June 2015) with regard to the representation made under article 24 of the ILO Constitution by the ITUC and the ITF by January 2017; (2) abrogate Law No. 21 of 2015, by 2017, before it entered into force; (3) ensure that the legislation prohibited discrimination on all the grounds of the Convention; (4) ensure that domestic workers were granted protection under the Labour Code; (5) take proactive measures to address discrimination in the workplace, including by promoting the employment of women in managerial positions; and (6) take proactive measures to address sexual harassment and gender-based violence in the workplace. Finally, the Worker members fully agreed with the Employer members on the need for Qatar to request ILO technical assistance.

Conclusions

The Committee took note of the information provided by the Government representative and the discussion that followed on issues raised by the Committee of Experts.

The Committee expressed concern that discrimination in employment is not prohibited in law and in practice and that the Government has failed to take the necessary measures to guarantee non-discrimination consistent with Convention No. 111.

Taking into account the discussion of the case, the Committee urged the Government to:

• - comply, in both law and practice, by 2017, with the conclusions adopted by the ILO Governing Body in June 2015 in relation to the representation under article 24 of the ILO Constitution concerning Convention No. 111;
• - ensure that legislation covers all recognized prohibited grounds of discrimination set out in Article 1(1)(a) of the Convention, in both direct and indirect forms, and undertake measures to ensure that discrimination in employment and occupation is prohibited in law and practice;
• - ensure that domestic workers are included in the protection of anti-discrimination law;
• - take proactive measures to promote the employment of women and participation of women at all levels in the labour market;
• - take proactive measures to address sexual harassment in the workplace, including passing legislation that prohibits sexual harassment and provides effective means of redress, remedies and sanctions;
• - amend Law No. 21 of 2015 before it comes into force, taking fully into account the observations in the 2016 report of the Committee of Experts and the conclusions of the Conference Committee in 2015;
• - accept technical assistance of the ILO in order to comply with the above conclusions.

The Government representative thanked the Committee for its conclusions and assured it that his Government would take them into account when preparing its next report on the application of the Convention.

Individual Case (CAS) - Discussion: 2002, Publication: 90th ILC session (2002)

A Government representative referred to paragraph 2 of the Committee of Experts' observation which noted with interest that the Civil Service Law No. 1 of 2001 had repealed section 82 of the previous law, which gave the authorities the power to end labour contracts with nurses as of the fifth month of pregnancy. Section 110 of the new law gave more privileges to the category of nurses by granting, inter alia, paid maternity leave for two years.

The speaker drew attention to the fact that the Labour Code of 1962 and the Civil Service Law did not discriminate amongst workers on the basis of race, colour, national extraction, sex, or religion. Furthermore, the Constitution declared that all Qataris are equal in rights and duties without discrimination on the basis of race, sex or religion, and the Penal Code imposed penalties on anyone violating these principles. She recalled that the Committee of Experts had welcomed the achievements made by the State of Qatar with respect to education and training for women and their participation in the labour market. For instance, women's participation in the Administrative Development Institute increased from 26 per cent in 1997 to 42 per cent in 2001.

The speaker listed numerous examples of women occupying higher level posts. The participation of women had also increased in the various ministries between 1999 and 2000 due to the government policy to promote the employment of women and the Council of Ministers' Decree on the formulation of specific policies for women, which aimed at reinforcing the role of the family in society and employment. The new draft of the Labour Code also included vocational training and a chapter regulating women's employment and rights. The technical assistance provided by the ILO office in Beirut had provided an expert to help the Government bring Qatar's new draft Labour Code into conformity with the ratified Conventions.

With respect to discrimination on the basis of race, colour, national extraction and religion, referred to in the comments made by the International Confederation of Arab Trade Unions (ICATU), she pointed out that Qatar had not responded to the ICATU's comments as it had already initiated a process of constructive dialogue with them to resolve the issues that were raised in their comment. As a result, the ICATU had withdrawn their comment.

The Government representative pointed out that the State of Qatar was a relatively modern State in view of its recent independence which was only in 1971. Nevertheless, it had been actively taking measures and was involved in numerous forums and symposia on the issues of women, employment, training, and human resources development. Such issues were priorities in Qatar, and her country and it had solicited the ILO's technical assistance in order to examine the labour market and the possibilities of increasing employment opportunities for women, especially in the non-governmental sector.

She concluded by reiterating the commitment of her Government to put into effect the provisions of the Convention through the promulgation of laws and decrees in order to ensure the equality of its citizens as to rights and obligations, without discrimination on grounds of race, colour, national extraction, sex and religion. The Government would provide the Committee of Experts with a detailed report submitted in good time.

The Employer members stated that it was superfluous for the Government to complain about having been placed on the list of cases, as this list had been established a week ago, and recalled that good cooperation amongst the members of the Committee required Governments to be brief in their statements. They noted the positive developments indicated in the Committee of Experts' report, such as the repeal of section 82 of the Public Service Act, which authorized the authorities to terminate the employment contracts of nurses as from the fifth month of their pregnancy, as well as statistical information reflecting increases in the percentage of women employed in various sectors of the economy. With respect to the meaning and significance of Convention No. 111, they pointed out that failure to achieve immediate numerical equality did not mean that an equality policy was not being pursued. Numerical equality would only be possible in a planned economy which prohibited individual choice of occupation. They observed that the persistence of gender segregation in certain fields of employment was a phenomenon witnessed in other regions of the world, including the industrialized countries. The difficulty facing Qatar was therefore a familiar one deeply rooted in ideas and attitudes passed on from one generation to another, and it would take time and experience to overcome the traditional occupational preferences of women and men. Nevertheless, the enactment of specific provisions prohibiting employment discrimination was one step towards eradicating the problem, and on this point they noted that the Government had yet to adopt any such legislation. They concluded by requesting the Government to adopt the measures necessary to ensure real, meaningful equality in employment.

The Worker members noted that the Committee of Experts' report identified several shortcomings with regards to discrimination on the grounds of sex, but had also acknowledged the slight progress made in the areas of education and training and participation in the labour market. The crucial shortcoming, however, remained the absence of a national policy to promote the principles of Convention No. 111. They stressed the necessity of formulating such a policy, and asked that this constitute the main point of the conclusions. Noting that the Government's report to the Committee of Experts focused exclusively on discrimination on the basis of sex, they inquired as to whether discriminatory practices on other grounds existed in Qatar and requested that the Government supply information respecting all the grounds of discrimination covered by Convention No. 111 in its next report. They further requested the Government to provide information regarding the concrete targets of its educational policies concerning women, as well as information on any consultations it may have held with worker organizations. Turning to the report of the Committee of Experts, they expressed surprise that the Committee of Experts had noted the communication from the International Confederation of Arab Trade Unions (ICATU), which alleged flagrant violations of Convention No. 111, without specifying or discussing these violations - which pertained to the unequal treatment of foreign workers, measures depriving foreign workers of their freedom of movement, and significant wage differentials between foreign workers and Qatar nationals. The Committee of Experts should seek clarification as to the nature of these serious allegations, or otherwise make no reference to them at all; merely noting these violations might have created unnecessary confusion. Finally, they expressed the hope that the Government would supply information as to how Articles 2 and 3 of Convention No. 111 were being promoted, and asked that this last statement be included in the conclusions.

The Worker member of Senegal recalled that the case of Qatar was being examined by this Committee because the Committee of Experts had observed that it did not have at its disposal the information to assess concrete measures to actively promote equality in the field of employment and occupation, measures which should be aimed at the elimination of all the forms of discrimination indicated in the Convention. The announcement of a new Labour Code, which would reflect the principles and objectives of the Convention, was certainly a positive element. However, before making any conclusions, it was necessary to wait for its implementation in practice. In this country, a certain number of conservative forces still acted against the provisions of the Convention. It was still difficult to assess the real significance of women's participation in the labour market. Statistical information showing the distribution of men and women in the different occupational sectors showed the existence of a certain level of discrimination. The division found in practice imposed on the Government an obligation to promote genuine equality of opportunity and treatment in employment and occupation. In this regard, the announced repeal of section 82 of Act No. 1 of 2001, as a result of which the employment of nurses could no longer be terminated as from the fifth month of their pregnancy and the nurses could enjoy maternity leave of two years, was evidently a positive event. However, a very evident phenomenon of ostracism against women at the level of ministries and the highest positions in the public service, as well as statistics on the number of women with university degrees seeking employment and, more generally, statistics of the participation of men and women in the labour market, showed the reality of the situation. The Government should be also invited to indicate precisely the measures taken with regard to other forms of discrimination covered by the Convention and, more generally, to describe the policy that it was pursuing, within the framework of genuine social dialogue, in order to make a real break with the past.

The Worker member of Bahrain expressed his appreciation for the Government's report, including the information on economic and social reforms taking place. He also highlighted the role of the regional office in Beirut. He noted the positive steps that had been taken and hoped that the Government would be given the chance to implement the necessary reforms.

The Government representative stated that she had listened attentively to the Worker and Employer members who had spoken. Her Government intended to take into account these views, as well as those of the Committee of Experts. The new law took all of the issues raised into account, and the existing laws governing the public and private sectors did not allow discrimination on any basis. The Government would respond in full in future reports. Concerning allegations of discrimination against foreign workers, the speaker stated that freedom of movement was guaranteed to everyone in accordance with their employment contract, that workers were not forced to do any job without their consent, that they were free to leave before the end of their contract, that they were paid an indemnity for termination of a contract and that employers paid their repatriation costs.

The Government representative wished to clarify that according to last year's Committee of Experts Report, nationality was not one of the criteria for discrimination under the Convention.

The Committee took note of the information and explanations provided by the Government representative and of the discussion which ensued. The Committee recalled the importance of implementing all the aspects of the fundamental Convention on discrimination. It noted the legislative initiatives announced by the Government and some progress achieved with regard to women's access to positions of responsibility. The Committee emphasized the need to formulate and promote a policy of equality of opportunities and treatment in employment with regard to all the grounds of discrimination listed in the Convention. The Committee noted that no information had been communicated to the Committee of Experts on the manner in which the protection against discrimination on the basis of race, colour, national extraction and religion was assured. The Committee expressed the hope that the Government would provide the complete and detailed information requested and took note of the Government's undertaking to provide full information in the future. It also hoped that the Government would make every effort, with the assistance of the ILO, to formulate and apply a policy of non-discrimination and equality for all men and women, and in respect of all the grounds of discrimination set out in the Convention, in law and in practice, with the participation of the social partners.

The Government representative wished to clarify that according to last year's Committee of Experts Report, nationality was not one of the criteria for discrimination under the Convention.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Article 1 of the Convention. Scope of application. Categories of workers excluded from the Labour Law. The Committee recalls that in its previous comments it requested that the Government provide information on the measures taken to protect all categories of workers excluded from the scope of Labour Act No. 14 of 2004 against discrimination based on all the grounds enumerated in the Convention. The Committee welcomes the detailed information provided by the Government on the special provisions regulating certain categories of workers excluded from the scope of Labour Act No. 14 of 2004, namely workers engaged in companies in the area of petroleum operations and petrochemical industries, in agriculture and grazing, and domestic workers. The Government states that the exception provided for in section 3 of the Labour Act has not affected the rights and duties of the excluded categories and that this exclusion has not led to discrimination or differentiation between the different categories of workers. It further indicates that the largest employer in Qatar – which is engaged in petroleum activities – and its subsidiaries have issued internal regulations to regulate the rights and duties of these categories of workers and all aspects of the employment relationship. According to the Government, these regulations aim to achieve equality between jobs and nationalities and to prohibit discrimination or differentiation between workers on the basis of sex, colour, nationality or religion with respect to all types of leave, hours of work, health and social care, training, allowances and incentives, discipline, termination of employment and retirement. With respect to workers engaged in agriculture and grazing, the Government indicates that Decision No. 17 of 2012 of the Council of Ministers stresses that this category of workers shall benefit from the same provisions applied to workers in the private sector as prescribed by Labour Law No. 14 of 2004, as amended, with respect to the regulation of employment, especially work contracts, wages, rest periods, weekly and annual holidays, occupational injuries and compensation. In addition, the Government refers to the adoption of Law No. 15 of 2017 on domestic workers, which is examined by the Committee in its observation. Observing that the special provisions relating to the employment of categories of workers excluded from the Labour Law of 2004 do not provide for comprehensive protection against discrimination in accordance with the Convention, the Committee requests the Government to introduce or extend protection for these workers against discrimination, at least on all the grounds enumerated in Article 1(1)(a) and in all aspects of employment and occupation, in accordance with Article 1(2).

Article 5. Special measures of protection and assistance. Since 2006, the Committee has been referring to sections 94 and 95 of Labour Act No. 14 of 2004, which respectively provide that women shall not be employed in dangerous work and establish limitations regarding working time. The Committee notes the Government’s indication that the ministerial orders to be issued pursuant to these sections, which relate to industries, occupations and jobs prohibited for women and to working time, have still not been adopted. The Government adds that there are currently no constraints in law or in practice restricting women’s employment in certain occupations or during certain hours and that it will re-examine these provisions in light of international labour standards. The Committee recalls that a major shift has occurred over time, moving from a purely protective approach to the employment of women to one based on promoting genuine equality between men and women and eliminating discriminatory law and practice. Protective measures for women may be broadly categorized into those aimed at protecting maternity in the strict sense, which come within the scope of Article 5, and those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, which are contrary to the Convention and constitute obstacles to the recruitment and employment of women (see General Survey of 2012 on the fundamental Conventions, paragraph 839). The Committee recalls that it considers that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. Restrictions to women’s employment (“non-pregnant” and “non-nursing” women) are contrary to the principle of equality of opportunity and treatment between men and women, unless they are genuine protective measures put in place to protect their health. This protection must be determined on the basis of the results of a risk assessment showing that there are specific risks for women’s health and/or safety. Therefore such restrictions, if any, have to be justified and based on scientific evidence and, when in place, have to be periodically reviewed in the light of technological developments and scientific progress to determine whether they are still necessary for protection purposes. The Committee further recalls that it may be necessary to examine what other measures, such as improved health protection of both men and women, adequate transportation and security, as well as social services, are necessary to ensure that women can access the types of employment concerned on an equal footing with men (see General Survey of 2012, paragraph 840). The Committee also emphasizes the need to adopt measures and put in place facilities to enable workers with family responsibilities, in particular women who continue to bear the unequal burden of family responsibilities, to reconcile work and family responsibilities. The Committee therefore requests the Government to review its approach regarding restrictions on women’s employment in light of the above principles to ensure that any protective measures taken are strictly limited to maternity protection or based on occupational safety and health risk assessments and do not constitute obstacles to the employment of women, in particular their access to posts with career prospects and responsibilities. The Committee requests the Government to provide information on any development in this regard.

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

The Committee recalls that at its 324th Session (June 2015), the Governing Body adopted the recommendations of its tripartite committee set up to examine a representation alleging non-observance by Qatar of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), made under article 24 of the ILO Constitution by the International Trade Union Confederation (ITUC) and the International Transport Workers’ Federation (ITF). The representation concerned complaints of direct and indirect discrimination against women employed by the state-owned airline (GB.324/INS/7/9). In so doing, the Governing Body entrusted the Committee of Experts with following up the matters raised in the representation. These are examined below.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 105th Session, May–June 2016)

The Committee also recalls the conclusions and the ensuing discussion that took place in the Committee on the Application of Standards (CAS) of the International Labour Conference in June 2016 in relation to the application of the Convention regarding: (i) compliance with the conclusions of the Governing Body; (ii) measures to define and prohibit direct and indirect discrimination in law and in practice; (iii) protection of domestic workers against discrimination; (iv) promotion of women’s employment; (v) measures to address sexual harassment; and (vi) amendment of Law No. 21 of 2015 which regulates the entry and exit of expatriates and their residence. These issues will be examined under the relevant Articles of the Convention.

The Committee notes the observations of the ITUC, received on 31 August 2016, on the discussion and the recommendations made by the CAS regarding the situation of migrant workers with respect to change of employer and exit permits (Kafala system).

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution)

Welcoming the detailed information provided by the Government in its report, the Committee notes with interest the progress made in the implementation of the recommendations made by the Governing Body, in particular the following:

• (i) Discrimination on the grounds of pregnancy (paragraph 32 of the tripartite committee’s report) and provision of suitable alternative employment for pregnant employees who are temporarily unfit to fly (paragraph 35): the Committee notes from the Government’s report that the company no longer employs any cabin crew under the terms of the previous employment contract and that the new contract was amended to remove any clause allowing automatic termination of employment in the case of pregnancy and to add provisions on maternity as set out in the company policy. Finally, the Committee notes that the company stresses that it is committed to making effort to find suitable alternative employment for pregnant cabin crew which does not affect their health. The company also stresses that it provides pregnant women with an opportunity to work in ground services, such as training, staff welfare, housing management, standards and procedures and customers’ lounge divisions, during pregnancy. The Government states that, through its follow-up with the company, it has ascertained that as of December 2014 none of the airline’s crew members who had become pregnant left the company unless it was their wish to do so (between 1 January 2014 and 31 August 2017, there were 72 pregnancies among crew members: 26 crew members were transferred temporarily or permanently to ground services, 14 submitted their resignation after maternity leave, nine were still on maternity leave and 23 have returned to their work according to the flight schedule).
• (ii) Prohibition in the company code of practice for women employees to be dropped off or picked up from the company premises accompanied by a man other than their father, brother or husband (paragraph 36): the Committee notes that the Government states that the prohibition is compulsory for both women and men employees, it only applies to being dropped off or picked up from the company premises and does not apply to employees’ housing. The Government states that this matter was effectively, and almost permanently, addressed through issuing informal warnings reminding persons concerned of the need to respect local traditions. It adds that the company guarantees to employees of both sexes full freedom in their social life without any interference from the company and without any impact on the employment relationship and that they are entitled to receive guests freely at the accommodation provided by the company.
• (iii) Authorization by the company to get married (paragraph 40): the Committee notes that, according to the company, female cabin crew members are free to marry and change their social status in general, without having to obtain prior permission from the company, and can remain in service and change their status to obtain benefits for their spouse.
• (iv) Rules governing rest periods (paragraph 42): the Committee notes the Government’s indication that the company asserts that the rules relating to the rest periods are applied without discrimination on the basis of sex and this matter will continue to be kept under close scrutiny.
• (v) Ensuring that the application of rules and policies does not create or contribute to an intimidating working environment (paragraph 46): the Committee notes that specific changes were made by the company in its housing policies, such as provision of family housing, the possibility to change accommodation every six months, possibility to receive guests, etc. The Committee also notes the Government’s indication that the company is committed to improving the quality of life of cabin crew, including additional leave for most cabin crew.
• (vi) Effectiveness of enforcement mechanisms in case of discrimination (paragraph 48): the Committee welcomes the Government’s actions to increase the number of female labour inspectors from 16 to 57 and their participation in the periodical inspection visits to the airline company, in particular those targeting the housing of female employees. The Committee further notes that a specialized course for labour inspectors was organized in cooperation with the ITF in September 2016 in order to develop their skills and strengthen their capacity through specialized inspection programmes in the field of aviation. The Committee further notes that the Ministry of Administrative Development, Labour and Social Affairs (MADLSA) has not received any complaints on discrimination.

Noting the positive developments detailed above, in response to the recommendations made by the Governing Body in 2015, the Committee asks the Government to continue to follow-up with the company the implementation of these recommendations, and to monitor its practices, in order to ensure that there is no discrimination against pregnant cabin crew members and that measures are taken to provide them with alternative suitable work during pregnancy. The Committee also asks the Government to continue to strengthen enforcement mechanisms, including their capacity to detect and address discriminatory practices. In this regard, the Committee requests the Government to provide information on any complaints of discrimination filed and the results thereof and also any identification of discriminatory practices by labour inspectors.

Legislative developments. The Committee notes with interest the adoption of the following laws since its last comments: Law No. 15 of 2017 which relates to domestic workers; Law No. 13 of 16 August 2017 which amends several provisions of Labour Law No. 14 of 2004 and Law No. 13 of 1990 which promulgates the Civil and Commercial Proceedings Law; and Law No. 13 of 2018 amending the provisions of Law No. 21 of 2015 which regulates the entry and exit of expatriates and their residence. The Committee also notes the adoption of Law No. 15 of 2016 issuing the Civil Human Resources Law which repeals the Human Resources Management Law No. 8 of 2009. Where appropriate, the Committee will examine the provisions of these laws under the relevant Articles of the Convention.

Article 1 of the Convention. Protection against discrimination. Legislation. The Committee recalls once again that the constitutional and legislative framework does not provide for a comprehensive legal framework defining and addressing discrimination based on at least all the grounds enumerated in Article 1(1)(a) of the Convention. In particular, it falls short of effectively prohibiting discrimination on the basis of political opinion, national extraction and social origin, and only provide protection against discrimination in certain aspects of employment. The Committee notes that the Government’s report once again describes the legal framework established by articles 34 and 35 of the Constitution which state that “Citizens are equal in public rights and duties” and that “People are equal before the law. There shall be no discrimination against them because of sex, race, language, or religion.” The Government further indicates that the Labour Law provides for equal opportunities and equal wages for men and women (section 93) and that there are provisions providing benefits specifically to working women: paid leave for women with a child with disabilities; paid delivery leave; breaks for breastfeeding; restrictions regarding their employment (hazardous and arduous work and hours of work); etc. The Committee recalls that constitutional provisions providing for equality of opportunity and treatment, although important, have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation. A more detailed legislative framework is also required. The Committee reiterates its previous comments that given the persisting patterns of discrimination on the grounds set out in the Convention there is a need for comprehensive legislation containing explicit provisions defining and prohibiting direct and indirect discrimination on at least all of the grounds set out in the Convention, and in all aspects of employment and occupation, in order to ensure the full application of the Convention. The Committee has observed that a number of features of the legislation contribute to addressing discrimination and promoting equality, and it particularly welcomes legislation containing the following: coverage of all workers; provision of a clear definition of direct and indirect discrimination, as well as sexual harassment; the prohibition of discrimination at all stages of the employment process; the explicit assignment of supervisory responsibilities to competent national authorities; the establishment of accessible dispute resolution procedures; the establishment of dissuasive sanctions and appropriate remedies; the shifting or reversing of the burden of proof; the provision of protection from retaliation; affirmative action measures; and provision for the adoption and implementation of equality policies or plans at the workplace, as well as the collection of relevant data at different levels (see General Survey of 2012 on the fundamental Conventions, paragraphs 850–855). Recalling the absence of a clear and comprehensive legislative framework providing for protection against discrimination in employment and occupation through a clear definition of and prohibition on direct and indirect discrimination, the Committee once again strongly urges the Government to take the necessary steps to ensure that all workers without distinction whatsoever are protected in law and practice against discrimination with respect to at least all the grounds covered by the Convention, including political opinion, national extraction and social origin, and in all aspects of employment, including recruitment and terms and conditions of employment, both in the public and the private sectors.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee recalls that, since 2006, it has been referring to the insufficiency of the legislative framework to ensure the prohibition and effective protection against sexual harassment in employment and occupation, in particular for female domestic workers who are particularly vulnerable to this kind of sex discrimination. It has therefore been asking the Government to take the necessary steps for the adoption of legal provisions expressly defining and prohibiting both quid pro quo and hostile environment sexual harassment against men and women workers in the public and private sectors and providing for effective mechanisms of redress, remedies and sanctions. The Committee notes the Government’s indication that “sexual harassment is a very complex matter because the perpetrator commits it in full secrecy, taking all the necessary measures, means and precautions so as not to expose his criminal conduct”. The Government once again refers in its report to the following legal provisions: sections 279 to 289 of the Penal Code which punishes “crimes of honour”; section 291 which provides for sanctions against any person who “offends a woman’s modesty”; and section 38 of the Law on Criminal Procedures which specifies that legal enforcement officers are under an obligation to accept complaints of crimes committed including sexual harassment, and to refer them immediately to the Public Prosecutor. The Government also states that there is no need for the inclusion of a provision in the Labour Law because both the Penal Code and the Law on Criminal Procedures are a more effective deterrent. However, the Committee would like once again to emphasize that, in general, addressing sexual harassment through the criminal law only is not sufficient due to the sensitivity of the issue, the fear of reprisals (the fear of losing one’s job), the complexity of the procedure and the higher standard of proof in criminal law. Furthermore, with respect to domestic migrant workers, the Committee observes that section 7(2) and (3) of Law No. 15 of 2017 concerning domestic workers provide respectively that the employer shall be responsible for “treat[ing] domestic workers well, in a manner which safeguard their dignity and well-being” and “avoid[ing] exposing a domestic worker’s health or life to danger, or harm him/her physically or morally in any manner whatsoever”. The Committee would like to point out that the provisions of Law No. 15 are limited to the behaviour of the employer and not any other possible perpetrator and the provisions of both the Penal Code and Law No. 15 of 2017 do not capture the full range of behaviours that constitute sexual harassment in the specific field of employment and occupation which can manifest itself verbally, physically, visually, psychologically or electronically. In its 2002 general observation, the Committee defined sexual harassment as containing the following elements: (i) quid pro quo (any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men which is unwelcome, unreasonable and offensive to the recipient; and a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job); or (ii) hostile work environment (conduct that creates an intimidating, hostile or humiliating working environment for the recipient) (see 2012 General Survey, paragraph 789). The Committee therefore urges the Government to take the necessary steps to explicitly define and prohibit, in the Labour Law No. 14 of 2004, Law No. 5 of 2017 concerning domestic workers and Law No. 15 of 2016 Issuing the Civil Human Resources Law, all forms of sexual harassment in employment and occupation committed not only by the employer but also by a co-worker, a customer or a supplier (or a member of the employer’s family or a friend of the employer in the case of domestic workers), against all men and women workers both in the public and private sectors. The Government is also asked to include specific provisions providing for effective mechanisms of redress, remedies and sanctions. The Committee further asks the Government to consider the development and implementation of a range of practical measures to address sexual harassment, such as help lines, awareness-raising campaigns, legal assistance or support units to assist victims of sexual harassment and specific training for labour inspectors. Finally, the Committee asks the Government to continue to provide information on the number of complaints of sexual harassment referred to the competent authorities, including criminal cases.

Articles 1 and 2. Non-discrimination of migrant workers. The Committee recalls that the vast majority of economically active workers in Qatar are migrant workers. The Committee also recalls that it has been referring since 2009 to the existing limitations on the possibility of migrant workers changing employers under the sponsorship system (Kafala), as a result of which migrant workers face increased vulnerability to abuse and discrimination, including on the basis of the grounds enumerated in the Convention such as race, colour, religion, national extraction and sex. In this respect, the Committee welcomes the fact that the replacement of the Kafala system by “an employment contractual system” is one of the five pillars of the Technical Cooperation Programme agreed between the Government of Qatar and the ILO, which was formally launched in November 2017 (see GB.334/INS/8, 24 October 2018, paragraphs 4, 13–15).

The Committee notes that, in its observations, the ITUC emphasizes that Law No. 21 of 2015 which regulates the entry and exit of expatriates and their residence falls short of addressing the issues raised by the Conference Committee of the Application of Standards regarding the abolition of exit permits. In this respect, the Committee notes with interest that, further to the adoption of Law No. 13 of 4 September 2018 amending the provisions of Law No. 21 of 2015 (entered into force on 13 December 2016), migrant workers covered by the Labour Law will be able to leave the country temporarily or depart permanently from the country during the period of the labour contract without having to obtain an exit visa. The law specifies that employers may submit for approval to the MADLSA a list of workers for whom an exit visa is still required, with a justification based on the nature of their work. The number of these workers per company shall not exceed 5 per cent of their workforce (new section 7). The Committee notes, however, that the above provisions do not apply to migrant domestic workers – as they are not covered by the Labour Law – and points out that the provisions restricting the change of employer remain unchanged, that is, only: (i) with the approval of the employer, the competent authority and the MADLSA before the end of the contract; (ii) with the approval of the competent authority and the MADLSA after the end of the limited duration contract or after five years of work with the employer for an indefinite duration contract (section 21); and (iii) upon acceptance by the Minister or the Minister’s representative if there is evidence of abuse by the employer or in the public interest or on a temporary basis if there are pending lawsuits between the worker and the employer (section 22). In this respect, the Committee notes that the ITUC points out that: (i) under section 21 of Law No. 21 of 2015, it is still not possible to change employer during a contract without the permission from the employer; (ii) under section 22, it is unclear on what basis the Ministry can refuse the transfer to another employer, and how “abuse” is established and also when a transfer is “in the public interest”. The ITUC concludes that the employer and the Government continue to maintain significant control over the worker and have broad discretion to determine whether he or she may change jobs. In addition, the ITUC observes that there are no specified conditions regarding the temporary transfer to another employer (up to one year) that may be authorized under section 23, with respect to the content of the new job and terms and conditions of employment. According to the ITUC, the ban of four years on re-entry of migrant workers, after dismissal on disciplinary grounds – with the decision being challenged – (section 26), appears quite severe especially as they face substantial barriers to accessing the justice system, as bringing a claim to a competent court is difficult in practice.

The Committee notes the Government’s indication that the MADLSA provides legal assistance and support to workers who are subject to abuse, including discrimination, in asserting his/her rights under the Labour Law and assistance to change employer immediately if he/she so wishes. The Committee also notes from the Government’s report that the MADLSA continues to implement awareness-raising campaigns on the rights of migrant workers, through newspapers, television and through social networks. It further notes that employment contracts must be approved by the Ministry and that an electronic contract system is operational online in ten languages to enable migrant workers to read the contract in his/her own language. In addition, the Committee notes from the information provided by the Government to the Governing Body that measures have been taken to improve migrant workers’ access to justice and to address violence and to develop cooperation partnerships at the regional level to strengthen the rights of migrant workers, in particular with the assistance of the National Committee for Human Rights (see GB.331/INS/13(Rev.), 31 October 2017, Appendix I, paragraph 17). The Committee also notes that, as of October 2017, 12 workshops have been held to inform both migrant workers and employers of their respective rights and obligations as specified in the law (see GB.331/INS/13(Rev.), Appendix I, paragraph 9). While noting the significant steps taken by the Government by the removal of exit visas for migrant workers covered by the Labour Law, the Committee once again asks the Government to remove the restrictions and obstacles that prevent them from changing jobs, with reasonable notice; to re-examine Law No. 21 of 2015 in light of the above comments; and to clarify and provide a clear legal framework for the conditions of transfer to another employer, including on a temporary basis, with the assistance of the ILO Technical Cooperation Programme. In the meantime, the Committee asks the Government to provide support to migrant workers, especially domestic workers, seeking to change employer when subject to discrimination on the grounds enumerated in the Convention. The Government is also asked to continue to provide information on the application of Law No. 21 of 2015 in practice (number of applications to change employer and their outcomes).

Protection of domestic migrant workers against discrimination. Legislative developments and practical measures. Recalling that domestic workers are excluded from the scope of the Labour Law No. 4 of 2004, the Committee notes with interest the adoption of Law No. 15 of 22 August 2017 concerning domestic workers, which is a significant step in providing protection for domestic workers, including with respect to rights and duties of both parties, as regards working hours, rest periods, payment of wages, etc. The Committee notes that the law does not define or prohibit discrimination against domestic workers on the basis of the grounds enumerated by the Convention (i.e. race, colour, sex, religion, political opinion, national extraction or social origin). The Committee notes that section 17 of Law No. 15 of 2017 allows a worker to terminate employment without loss of bonus where there is a “serious danger which threatens safety or health, provided that an employer was cognizant of the danger, and had not sought to remove it”. The Committee considers that these provisions as well as the provisions of section 7(2) and (3) mentioned above may have been designed to address the issues of violence and harassment, including sexual harassment. However, it observes again that they remain too general and do not explicitly define nor cover the full range of behaviours that constitute harassment, including sexual harassment, in employment and occupation. Moreover, they do not provide for an appropriate procedure for bringing an end to such conduct, beyond the possibility of a worker terminating his/her contract, or for investigating complaints of such behaviour, or remedies. The Committee welcomes nonetheless the opportunity for domestic workers and their employers to refer disputes relating to Law No. 15 of 2017 or the employment contract to the dispute settlement mechanism newly established in Chapter 11bis of the Labour Law, as amended by Law No. 13 of 16 August 2017, in accordance with section 18 of Law No. 15 of 2017. The Committee notes, however, that there is no provision in Law No. 15 of 2017 allowing for domestic workers to change employer and recalls that this possibility is regulated by sections 21 to 23 of Law No. 21 of 2015 which apply to migrant workers, except for domestic workers. The Committee also recalls that the removal of the exit visa requirement by Law No. 13 of 2018 amending Law No. 21 of 2015 does not apply to domestic workers and that the rules and procedures regulating their exit from the country shall be determined by a ministerial decision (new section 7 of Law No. 21). The Committee observes from the statistical information provided by the Government to the Governing Body in October 2018 regarding the “crimes committed against female domestic workers” for 2015–16 (inter alia, 72 “physical or verbal aggressions”, nine rapes, 20 cases of sexual harassment, six cases of “sexual exploitation of the female worker”) that there might be an under-reporting of such crimes.

In light of the above, the Committee asks the Government to take the necessary steps to amend Law No. 15 of 2017 to include provisions defining and prohibiting: (i) discrimination based on at least all the grounds set out in the Convention and in all aspects of employment, including remuneration; and (ii) all forms of harassment, in particular both quid pro quo and hostile environment sexual harassment. It also asks the Government to ensure that dispute settlement mechanisms are accessible to and known by, domestic workers, and to continue to take steps, such as awareness-raising campaigns through the media or otherwise, to promote domestic workers rights and combat stereotypical views regarding domestic workers and the undervaluing of their work. The Committee further asks the Government to provide information regarding the possibility of domestic workers changing employers in practice. The Committee urges the Government to remove the requirement for exit visas on an equal footing with workers covered by the Labour Law.

Article 2. Equality between men and women in employment and occupation. The Committee notes from the Government’s report that “it has developed its strategic plans in pursuit of an optimal investment in the capacities of men and women and that, in spite of the cultural and social traditions which make this task difficult”, there has been progress in women’s engagement in education, training and the labour market. The Government adds that there is an evolution towards an increased female participation in the labour market (58.7 per cent in 2015). The proportion of working women out of all working-age women increased from 34.6 per cent in 2012 to 36.1 per cent in 2015, and the number of trained women increased from 29,000 in 2012 to 69,000 in 2015, including in the fields of management, information technology, oil and gas, mining, security, safety and handicrafts. The Government indicates, however, that women’s participation in the labour market is concentrated in fields, such as education, engineering and medicine. The Committee recalls that one of the goals of the Qatar National Vision 2030 is to increase and diversify participation of Qataris in the workforce through increased opportunities and vocational support for Qatari women and that this national strategy affirms that “women will assume a significant role in all spheres of life, especially through participating in economic and political decision-making”. While welcoming the emphasis put on education and training of women in the Qatar National Vision 2030, the Committee asks the Government to adopt proactive measures, and remove obstacles, with a view to facilitating and increasing the participation of women – Qatari and non-Qatari – in employment and occupation, in particular measures aimed at:

• (i) promoting equal opportunities for men and women in employment and occupation, including through the promotion of neutral recruitment processes and the removal of obstacles to access to productive resources and equipment; and
• (ii) combating stereotypical views regarding women’s aspirations and capabilities, their suitability for certain jobs or their interest or availability for full-time jobs.

In order to design appropriate measures, the Committee invites the Government to consider undertaking an assessment and analysis of the gender situation in respect of employment under its direct control and to encourage such an assessment and analysis in the private sector. The Government is also asked to continue providing up-to-date statistics, disaggregated by sex, concerning the participation of men and women in the various sectors of economic activity, in both the private and the public sectors, as well as statistics on the participation of both Qatari and non-Qatari women in education and vocational training.

Enforcement and awareness-raising. The Committee welcomes the detailed information provided by the Government in its report on the activities carried out by the labour inspectors. The Committee also notes that one of the five pillars of the Technical Cooperation Programme with the ILO concerns labour inspection and welcomes the signature of a protocol between the MADLSA and the ILO, aimed at providing assistance to workers wishing to submit complaints and the organization (in October 2018) by the MADLSA and the ILO of a workshop for labour inspectors and other government officials on equality and non-discrimination in employment and occupation, including a session devoted to the presentation of the requirements of the Convention (see GB.334/INS/8, 24 October 2018, paragraph 21). Emphasizing the important role of labour inspectors in combating discrimination, the Committee asks the Government to continue to reinforce the capacities of labour inspectors and other enforcement authorities to prevent, identify and address cases of discrimination and put an end to discriminatory practices in employment and occupation, and to organize awareness-raising campaigns, through the media or otherwise, on discrimination and equality. The Government is asked to continue to provide information on the number and nature of the violations detected by the labour inspectors and complaints examined by courts relating to discrimination in employment and occupation and on any obstacles faced by workers in submitting complaints.

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

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

Article 1 of the Convention. Scope of application. The Committee recalls its previous request to the Government to provide information on measures taken to protect categories of workers excluded from the scope of its labour laws, as enumerated in section 3 of Labour Act No. 14 of 2004, namely: those in companies involved in the implementation of drilling and production agreements; agreements on the development of oil and gas fields and production sharing; and joint venture agreements in the area of petroleum operations and petrochemical industries. The Committee notes that the report is silent on this subject, and that the Labour Act remains unchanged. Consequently, the Committee reiterates its request to the Government to provide information on the measures taken to protect all categories of workers excluded from the coverage of the Labour Act of 2004, as amended in 2009, against discrimination on all the grounds enumerated in the Convention, as no provision of the Convention limits its scope as regards individuals or branches of activity.

Article 5. Special measures of protection and assistance. Since 2006, the Committee has been referring to sections 94 and 95 of Labour Act No. 14 of 2004, which provide that women shall not be employed in dangerous work and establish limitations regarding working time. The Committee noted that the ministerial orders issued pursuant to these sections and concerning industries, occupations and jobs prohibited for women, and concerning working time, had not yet been adopted. The Committee notes the Government’s indication that sections 93, 96, 97 and 98 of the Labour Act of 2004 provide various protections relating to equal remuneration between men and women and to maternity, and that Law No. 8 of 2009 provides for similar measures for public sector women workers. It notes, however, that the Government has not provided a reply to the Committee’s previous request regarding sections 94 and 95 of Labour Act No. 14 of 2004. In this regard, the Committee repeats its statement that any measures aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions of their capabilities and appropriate role in society, constitute obstacles to the recruitment and employment of women and are contrary to the Convention, and that protection measures should be limited to maternity protection (see General Survey on the fundamental Conventions, 2012, paragraphs 839–840). The Committee therefore once again requests the Government to ensure that any protective measures for women are strictly limited to maternity protection and to provide copies of any regulations, orders and ministerial decisions adopted regarding such protective measures.

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

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution)

At its 324th Session (June 2015), the Governing Body adopted the recommendations of its tripartite committee set up to examine a representation alleging non-observance by Qatar of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), made under article 24 of the ILO Constitution by the International Trade Union Confederation and the International Transport Workers’ Federation, concerning complaints of direct and indirect discrimination against women employed by Qatar Airways, a state-owned flag carrier. In so doing, it entrusted the Committee of Experts with following up the matters raised in the representation.

The Committee notes that, although the Governing Body had requested the Government to submit information on the measures taken in this regard in its next article 22 report on the application of the Convention, the report submitted by the Government for its current session does not provide any response to the requests of the Governing Body. Considering that the time elapsed between the adoption of the recommendations by the Governing Body (June 2015) and the deadline for submitting reports under article 22 of the ILO Constitution (1 September) might have been too short for the Government to report significant progress on the implementation of the recommendations, the Committee wishes to recall that the matters that it is following up, at the request of the Governing Body, deal with: (i) discrimination on the grounds of pregnancy (paragraph 32 of the tripartite committee’s report); (ii) provision of suitable alternative employment for pregnant employees who are temporarily unfit to fly (paragraph 35 of the report); (iii) prohibition in the Qatar Airways code of practice for women employees to be dropped off or picked up from the company premises accompanied by a man other than their father, brother or husband (paragraph 36); (iv) authorization by Qatar Airways to get married (paragraph 40); (v) rules governing rest periods (paragraph 42); (vi) ensuring that the application of rules and policies does not create or contribute to creating an intimidating working environment (paragraph 46); and (vii) effectiveness of enforcement mechanisms in case of discrimination (paragraph 48).

The Committee urges the Government to take into account the action requested by the Governing Body on the matters raised above in order to ensure that the employees of Qatar Airways enjoy the protection provided for in the Convention. It therefore requests the Government to submit detailed information on the measures taken or envisaged in this regard in its next article 22 report on the application of the Convention.

Article 1 of the Convention. Legislative developments. Since the entry into force of the 2003 Constitution of Qatar (article 35) and of Labour Law No. 14 of 2004 (sections 93 and 98), the Committee has been noting that they both fall short of effectively prohibiting discrimination on all the grounds of the Convention, and particularly those of political opinion, national extraction and social origin, and only protect against discrimination in certain aspects of employment. It has also noted that several categories of workers are excluded from the Labour Law of 2004, including domestic workers.

The Committee notes the Government’s indication that the Labour Law of 2004, along with Law No. 8 of 2009 on human resource management for state employees, does not discriminate against women at work, and that the laws do not specifically discriminate between women and men other than through special measures benefiting women, such as maternity protection. Nevertheless, according to the statistics provided by the Government in its report, for the first quarter of 2015, the percentage of the economically active Qatari male adult population was 64.7 per cent, while the rate for female adults was 35.3 per cent. It also notes the Government’s indication that no complaints have been filed by workers with regard to obtaining vocational training, guidance or equal access to occupations. In this regard, the Committee wishes to point out that there is no society without discrimination and therefore continued measures are required to eliminate it. Where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, a lack of awareness of rights, a lack of confidence in or absence of practical access to procedures, or fear of reprisals. The fear of reprisals or victimization is a particular concern in the case of migrant workers. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see General Survey on the fundamental Conventions, 2012, paragraph 870).

The Committee notes the Government’s indication that the National Development Plan (2011–15), which aims to increase women’s participation in the labour market, includes a project to improve labour legislation for this purpose. It also notes the Government’s indication that a draft law regulating domestic workers has been submitted for review by the competent authorities with a view to bringing it into line with the Domestic Workers Convention, 2011 (No. 189). The Government adds that generally domestic workers are governed by bilateral agreements signed by the Government and labour-sending countries, to which model contracts are generally annexed.

The Committee however notes that no specific information is provided on the practical measures taken to address discrimination based on all the grounds set out in the Convention, and particularly political opinion, national extraction and social origin with respect to all aspects of employment and occupation. In this regard, the Committee recalls that, where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention. The Committee further notes that there is a need for comprehensive legislation containing explicit provisions defining and prohibiting direct and indirect discrimination on at least all of the grounds set out in the Convention, and in all aspects of employment and occupation, in order to ensure the full application of the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 854). In the continued absence of a clear legislative framework addressing protection against discrimination in employment and occupation, the Committee once again strongly urges the Government to take the necessary measures to ensure that all workers without distinction whatsoever are protected in law and practice against discrimination with respect to all the grounds covered by the Convention, including political opinion, national extraction and social origin. In this regard, the Committee requests the Government to provide specific information on how protection against discrimination on the grounds covered by the Convention is ensured in practice with respect to access to vocational training and guidance, access to employment and particular occupations, including recruitment, as well as all terms and conditions of employment. Specifically, the Committee requests information, among others, on the progress made or envisaged in:

• – amending sections 93 and 98 of Labour Law No. 14 of 2004 to incorporate political opinion, national extraction and social origin;
• – passing legislation to improve women’s participation in the labour market as part of the implementation of the National Development Plan (2011–15); and
• – adoption of draft legislation on domestic workers that is in line with Convention No. 189.

The Committee also requests the Government to submit copies of some of the bilateral agreements referred to above, including the attached model contracts.

Sexual harassment. Since 2006, the Committee has been referring to the insufficiency of the legislative framework to ensure the prohibition and effective protection against sexual harassment in the workplace, in particular for female domestic workers who are particularly vulnerable to this kind of sex discrimination. The Committee notes the Government’s indication that sections 279 to 289 of the Penal Code punishes “crimes of honour”, and section 291 provides for sanctions against any person who “offends a woman’s modesty”. The Committee recalls that Decision No. 7 of 22 August 2005 of the Minister of Civil Service Affairs and Housing does not explicitly refer to sexual harassment, and that the Government indicated that the Law on Criminal Procedures specifies that legal enforcement officers are under the obligation to accept complaints of crimes committed including sexual harassment, and to refer them immediately to the Public Prosecutor. The Committee notes the Government’s indication that two complaints related to sexual harassment have been filed with the National Human Rights Committee (NHRC), and that while one case has been suspended (lack of evidence), one case is currently being examined. The Committee recalls that addressing sexual harassment only through criminal proceedings is normally not sufficient due to the sensitivity of the issue, the higher burden of proof and the fact that criminal law generally focuses on sexual assault or “immoral acts” and not on the full range of behaviour that constitutes sexual harassment in employment and occupation (see General Survey on the fundamental Conventions, 2012, paragraph 792). The Committee once again requests the Government to take the necessary steps for the adoption of legal provisions expressly defining and prohibiting both quid pro quo and hostile environment sexual harassment at work against men and women workers in the public and private sectors, including domestic workers, and providing for effective mechanisms of redress, remedies and sanctions. The Committee further requests the Government to provide information on any progress made in this regard, on the measures taken to raise awareness of sexual harassment and existing avenues of redress, including for domestic workers, as well as on the number of complaints filed with the NHRC or any other competent authorities, the sanctions imposed, and remedies provided.

Articles 1 and 2. Non-discrimination of migrant workers. Practical application. Noting that the vast majority of economically active workers in Qatar are non-Qatari (according to the statistics collected by the Ministry of Development, Planning and Statistics, 93.8 per cent of the active population was non-Qatari in 2012), the Committee has been referring since 2009 to the existing limitations on the possibility for migrant workers to change employer under the sponsorship system (kafala). The Committee recalls in particular the requirement to obtain the permission of the sponsor, as a result of which migrant workers face increased vulnerability to abuse and discrimination, including, but not limited on the grounds enumerated in the Convention such as, race, colour, religion, national extraction and sex. Specifically, it has noted that filing a lawsuit or bringing a complaint to establish abuse by the employer is a requirement for being granted permission to change workplace, but migrant workers who suffer abuse and discriminatory treatment may refrain from bringing complaints out of fear of retaliation. The Committee has also noted that the adoption of Act No. 4 of 2014 amending section 37 of Labour Law No. 14 imposes fees in the case of a “change of occupation”, which also deters migrant workers from bringing complaints. As such, the Committee has considered that allowing migrant workers to change employer, when subject to discrimination on the grounds enumerated in the Convention, may assist in avoiding situations in which they become vulnerable to abuse. In this regard, the Committee notes Act No. 21 of 27 October 2015, regulating the entry and exit of expatriates and their residence, which will enter into force in October 2016 and will repeal Act No. 4 of 2009. It wishes to refer the Government to its comments under the Forced Labour Convention, 1930 (No. 29), concerning the main features of this new legislation. In that comment, the Committee observes that Act No. 21 of 27 October 2015 does not seem to allow the transfer of an expatriate worker to another employer immediately after the end of a contract of limited duration or after a period of five years, without the employer’s consent, if the contract is of unspecified duration (section 21.2); similarly, under the new law, the employer may object to the departure from the country of an expatriate worker, in which case the latter has the right to appeal (sections 7.2 and 7.3). Consequently, the Committee notes with regret that pursuant to Act No. 21 of 2015, employers will continue to play a significant role in regulating the departure or transfer of migrant workers. Noting that the new law does not abolish the sponsorship system, as indicated in the Government’s report, the Committee once again requests the Government to remove the restrictions and obstacles that limit the freedom of movement of migrant workers and prevent them from terminating their employment, and to allow appropriate flexibility for migrant workers, especially domestic workers, to change employer when subject to discrimination on the grounds enumerated in the Convention. The Committee urges the Government to take the necessary measures to ensure that Act No. 21 of 27 October 2015 is modified before its entry into force in October 2016. In addition, the Committee requests the Government to:

• – provide copies of the new labour contracts utilized by recruiters and employers when recruiting migrant workers, as well as information on the measures adopted or envisaged by the Government to ensure that these contracts conform to the principle of the Convention;
• – provide information on the number and nature of complaints relating to cases of discrimination in employment submitted by migrant workers, including domestic workers, to the Labour Relations Department, the Human Rights Department and the NHRC, and to include any remedies provided or sanctions imposed. Please provide a copy of any relevant decisions by these institutions; and
• – provide information on the measures taken or envisaged to protect migrant workers from discrimination in employment and occupation prior to the expiry of their initial contract.

Article 2. Equality between men and women in employment and occupation. Noting that, as of 2012, women only constituted 12.78 per cent of the economically active population, the Committee requested the Government in its previous comment to provide information on the measures taken or envisaged to promote equality of opportunity and treatment for men and women in employment and occupation and to combat stereotypical views of the jobs that are appropriate for men and women. It also noted that, in its concluding observations, the Committee on the Elimination of Discrimination Against Women (CEDAW) expressed concern at “the persistence of deeply entrenched traditional stereotypes regarding the roles and responsibilities of women and men in the family and in society, which overemphasize the role of women as caregivers” (CEDAW/C/QAT/CO/1, 10 March 2014, paragraph 21).

The Committee notes the Government’s list of programmes completed by the Family Development Department during 2014–15, and specifically one training programme focused on organizational management and a study on the future increase of nurseries and kindergartens. It also notes the statistical information provided by the Government on the participation of men and women, which indicates that women’s participation in non-agricultural work has fallen to 12.8 per cent in 2013, from 15 per cent in 2006. The Committee notes the Government’s indication that the overall labour participation rate of women remains at nearly 13 per cent of the working-age population. It also notes that, of those who are not economically active, 65 per cent of women work in the household, while 73 per cent of men are engaged in studies.

The Committee recalls that stereotyped assumptions regarding women’s aspirations and capabilities, their suitability for certain jobs or their interest or availability for full-time jobs, continue to lead to the segregation of men and women in education and training, and consequently in the labour market (see General Survey on the fundamental Conventions, 2012, paragraph 783). It also recalls that the primary obligation of States that have ratified the Convention is to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, and that this policy must be effective. The Committee requests the Government to provide detailed information on the measures taken or envisaged to promote equality of opportunity and treatment for men and women in employment and occupation. It specifically requests the Government to provide information on the measures taken or envisaged to combat stereotypical views of the jobs that are appropriate for men and women, as well as measures to assist the transition of women into the economy such as, for example, vocational training to gain access to a wide range of paid occupations and employment, especially those with opportunities for advancement and promotion. In this regard, the Committee also welcomes the plan to increase the number of nurseries and kindergartens, and requests more information on the implementation of the plan. The Committee also requests the Government to continue providing up-to-date statistics, disaggregated by sex and social origin, concerning the participation of men and women in the various sectors of economic activity and at each level of the various occupations, in both the private and the public sectors, as well as statistics on the participation of both Qatari and non-Qatari women in education and vocational training.

Enforcement. The Committee recalls its previous request to the Government to provide information on the activities of the Labour Inspection Department, as well as details of the complaints submitted to the Human Rights Department, the Labour Relations Department and the NHRC, or any other administrative or judicial authorities. The Committee notes the Government’s indication that the Labour Inspection Department has not found any violations relating to discrimination in employment and occupation, and that no such complaints have been submitted to the Human Rights Department, the Labour Relations Department or the NHRC. In this regard, the Committee once again highlights the role of labour inspection in monitoring equality and diversity in the workplace and recalls the importance of training labour inspectors to increase their capacity to prevent, detect and remedy instances of discrimination. The Committee refers in this respect to its comments concerning the application of the Labour Inspection Convention, 1947 (No. 81). The Committee once again requests the Government to provide information on the activities carried out by the Labour Inspection Department, including the number and nature of the violations detected relating to discrimination in employment and occupation, and the outcome of these activities. It also requests the Government to provide information on the measures taken or envisaged to train labour inspectors to increase their capacity to prevent, detect and remedy instances of discrimination. The Committee further requests the Government to continue providing information on the number and nature of complaints related to cases of discrimination in employment and occupation brought to the Human Rights Department, the Labour Relations Department and the NHRC, or any other administrative or judicial authorities, the remedies provided and the sanctions imposed. Please provide copies of the relevant decisions of these institutions and authorities.

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

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

Article 1 of the Convention. Scope of application. In its previous comment, the Committee noted Law No. 6 of 2009 which amends section 3 of the Labour Law No. 14 of 2004 exempting from its scope of application an additional category of workers, namely those in companies involved in the implementation of drilling and production agreements, agreements on development of oil and gas fields and production sharing, and joint venture agreements in the area of petroleum operations and petrochemical industries. The Committee notes that the Government refers to the policies adopted by Qatar Petroleum to provide for internal procedures on complaints and appeals, as well as a dispute settlement process for performance evaluation and other matters, and to provide vocational training and counselling without discrimination. The Committee notes however, that the Government provides no concrete information with respect to the legal protection of those categories of workers enumerated in section 3 of the Labour Act No. 14 of 2004 as amended in 2009. The Committee requests the Government to provide information on the measures taken to protect all categories of workers excluded from the coverage of the Labour Act 2004 as amended in 2009, against discrimination on all the grounds set out in the Convention.

Sexual harassment. For a number of years, the Committee has been referring to the insufficiency of the legislative framework to provide for the prohibition and effective protection against sexual harassment in the workplace, in particular against female domestic workers who are particularly vulnerable to this kind of sex discrimination. The Committee notes that the Government provides a copy of Decision No. 7 of 22 August 2005 of the Minister of Civil Service Affairs and Housing which, while providing that an employer may dismiss a worker in the case of repeated “aggression” against other workers, does not expressly refer to sexual harassment. The Government further indicates that section 38 of the Law on Criminal Procedures specifies that legal enforcement officers are under the obligation to accept the notifications and complaints submitted to them on crimes committed including sexual harassment, whether they were perpetrated against female domestic workers in houses or female workers employed in the public and private sectors, and to refer them immediately to the public prosecutor. The Committee further notes that only three complaints relating to harassment and sexual harassment were filed with the National Human Rights Committee (NHRC) in 2013, and that according to the Government the low number of complaints may be due to the lack of awareness of domestic workers of the law and their rights, the existence of difficulties in providing evidence and the fact that sexual harassment complaints are considered to be penal in nature. The Government indicates that Qatar Petroleum has adopted procedures allowing workers to submit complaints of sexual harassment and to pursue administrative investigations in such cases, however, the Committee notes that no concrete information on the number of complaints and the measures adopted has been provided. The Committee recalls that sexual harassment is a serious manifestation of sex discrimination which undermines equality at work by calling into question the integrity, dignity and well-being of workers and that calls for effective measures to prevent and prohibit it. Such measures should address both quid pro quo and hostile environment sexual harassment. In this respect, the Committee considers that addressing sexual harassment only through criminal proceedings is normally not sufficient due to the sensitivity of the issue, the higher burden of proof and the fact that criminal law generally focuses on sexual assault or “immoral acts” and not on the full range of behaviour that constitutes sexual harassment in employment and occupation (see General Survey on the fundamental Conventions, 2012, paragraphs 789 and 792). For further guidance concerning the elements that constitute sexual harassment, the Committee refers to its 2003 general observation. The Committee requests the Government to give serious consideration to the possibility of adopting legal provisions expressly defining and prohibiting both quid pro quo and hostile environment sexual harassment at work against men and women workers in the public and private sectors, including domestic workers, and providing for effective mechanisms of redress, remedies and sanctions. Please provide information on any progress made in this regard as well as on measures taken to raise awareness on sexual harassment and existing avenues of redress among all workers and employers, including employers of domestic workers. Please also provide information on the number of complaints regarding sexual harassment filed with the NHRC or any other competent authorities, the sanctions imposed, and remedies provided.

Cooperation with employers’ and workers’ organizations. Noting that the Government provides no information regarding the involvement of workers’ and employers’ organizations to implement the principle of the Convention, the Committee again requests the Government to indicate how the cooperation of employers’ and workers’ organizations is being sought to address discrimination and promote equality with respect to the grounds set out in the Convention.

Article 5. Special measures of protection and assistance. The Committee has been referring to sections 94 and 95 of the Labour Law No. 14 of 2004, which provide that women shall not be employed in dangerous work and establish limitations regarding working time. The Committee had noted that the ministerial orders issued pursuant to these sections and concerning industries, occupations and jobs prohibited to women and concerning working time had not yet been adopted. The Committee notes the Government’s general statement that legislation does not provide for discrimination of any kind between men and women, and that article 35 of the Constitution provides that there shall be no discrimination based on sex. The Committee recalls that any measures aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, constitute obstacles to the recruitment and employment of women and are contrary to the Convention, and that measures of protection should be limited to maternity protection (see General Survey, 2012, paragraphs 839 and 840). The Committee requests the Government to ensure that any protective measures for women are strictly limited to maternity protection and to provide copies of any regulations, orders and ministerial decisions adopted regarding such protective measures.

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

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

Article 1 of the Convention. Legislation. For a number of years, the Committee has been noting that the provisions in the Constitution of Qatar (article 35) and Labour Law No. 14 of 2004 (sections 93 and 98) fall short of effectively prohibiting discrimination on all the grounds of the Convention, in particular those of political opinion, national extraction and social origin, and only protect against discrimination in certain aspects of employment. Several categories of workers are excluded from Labour Law No. 14, including domestic workers. In this respect, the Committee notes that in its comments on the report of the United Nations Special Rapporteur on the human rights of migrants, the Government indicates that a draft law on domestic workers in line with the provisions of the Domestic Workers Convention, 2011 (No. 189), is currently under review (A/HRC/26/35/Add.2, 5 June 2014, paragraph 2). The Government indicates in its report that workers may claim their rights pursuant to section 10 of the Labour Law, which provides in general for the right to file a lawsuit. The Committee notes, however, that no specific information is provided on practical measures taken to address discrimination based on all the grounds set out in the Convention, including political opinion, national extraction and social origin with respect to all aspects of employment and occupation. In the absence of a clear legislative framework addressing protection against discrimination in employment and occupation, the Committee again urges the Government to take the necessary measures to ensure that all workers without distinction whatsoever are protected in law and practice against discrimination with respect to all the grounds covered by the Convention, including political opinion, national extraction and social origin. Please provide specific information on how protection against discrimination on the grounds covered by the Convention is ensured in practice with respect to access to vocational training and guidance, access to employment and particular occupations, including recruitment, as well as all terms and conditions of employment. The Committee requests the Government to indicate whether any steps are being taken or are envisaged to amend the existing legislation in this regard and, in particular, to provide information on any development concerning the adoption of the draft law on domestic workers.

Articles 1 and 2. Non-discrimination of migrant workers. Practical application. The Committee recalls that the Convention applies to all workers, both nationals and non-nationals. The Committee notes from the statistics collected by the Ministry of Development, Planning and Statistics (Qatar Information Exchange) that 93.8 per cent of the economically active workers in Qatar in 2012 were non-Qatari (1,173,186 men and 167,396 women). The Committee further notes that 100 per cent of the workforce in the household sector, 99.8 per cent in the construction sector, 99.1 per cent in the wholesale and retail trade, and 98.5 per cent in the manufacturing sector continued to be composed of non-Qatari workers. The Committee has been referring for a number of years to the existing limitations on the possibility for migrant workers to change workplaces under the sponsorship system, and particularly the requirement to obtain the permission of the sponsor, as a result of which migrant workers face increased vulnerability to abuse and discrimination on the grounds enumerated in the Convention. It noted that filing a lawsuit or bringing a complaint to establish abuse by the employer is a requirement for being granted permission to change workplace. However, migrant workers who suffer abuse and discriminatory treatment may refrain from bringing complaints out of fear of retaliation. The Committee further notes that in its concluding observations the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the prevalence of prejudices and negative stereotypical attitudes towards migrant domestic workers, including women, and the multiple forms of discrimination that they experience (CEDAW/C/QAT/CO/1, 10 March 2014, paragraph 21). The Committee notes the Government’s indication that from January to July 2014, 38 applications for permanent transfers of sponsorship and 1,948 applications for temporary transfers were approved, without indicating whether they concern foreign domestic workers. The Government further indicates that it has recently finalized the preparation of a draft law which will replace the sponsorship system currently in force with new provisions relating to the entry and exit of migrant workers and the regulation of their residence. The Committee notes the adoption of Act No. 4 of 2014 amending section 37 of Labour Law No. 14 which imposes fees in the case of a “change of occupation”. The Committee also notes the information provided by the Government on the functions of the Labour Relations Department and the Human Rights Department of the Ministry of Labour and Social Affairs in receiving, examining and resolving complaints and appeals and raising awareness of workers and employers with respect to the available legal procedures for redress. The Committee considers that providing for appropriate flexibility to allow migrant workers to change workplaces may assist in avoiding situations in which migrant workers become vulnerable to discrimination and abuse and that the effective enforcement of the legislation is essential to ensure that migrant workers are not subject to discrimination, contrary to the Convention. The Committee refers in this respect to its comments concerning the application of the Forced Labour Convention, 1930 (No. 29). The Committee requests the Government take the necessary measures to ensure the effective protection of migrant workers against discrimination on the grounds enumerated in the Convention and to provide full information in this respect. It hopes that the law that is to replace the current sponsorship system will allow appropriate flexibility for migrant workers, including domestic workers, to change workplaces when subject to discrimination on the grounds enumerated in the Convention and it requests the Government to indicate any development in this respect. The Committee requests the Government to provide information on the number and nature of complaints relating to cases of discrimination in employment submitted by migrant workers, including domestic workers, to the Labour Relations Department, the Human Rights Department and the National Human Rights Committee (NHRC), and to include information on any remedies provided or sanctions imposed. Please provide a copy of any relevant decisions by these institutions.

Article 2. Equality between men and women in employment and occupation. The Committee notes from the statistics collected by the Ministry of Development Planning and Statistics (Qatar Information Exchange) that in 2012 women only constituted 12.78 per cent of the economically active population. The Committee notes that women workers are heavily concentrated in the household sector, in which only non-Qatari workers are employed, 64.58 per cent of whom are women, representing 52.45 per cent of all economically active women. The Committee notes that, despite the Government’s previous indication that efforts would be made to raise awareness and address stereotypical assumptions regarding the role of women in society, no specific information has been provided by the Government on any measures taken or envisaged in this regard. The Committee further notes that, in its concluding observations, CEDAW expressed concern about “the persistence of deeply entrenched traditional stereotypes regarding the roles and responsibilities of women and men in the family and in society, which overemphasize the role of women as caregivers” (CEDAW/C/QAT/CO/1, paragraph 21). The Committee notes that the Government indicates in its report that the High Council for Family Affairs has been replaced by two new departments: the Productive Family Affairs Department, which supports and promotes productive families through training and support services, and the Family Development Department, which is responsible, among other functions, for raising awareness of the rights of women and implementing development programmes and capacity building for women, in collaboration with relevant governmental and non-governmental bodies. Noting the very general information provided by the Government in its report, the Committee recalls that the Convention requires States to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation and that this policy must be effective (see General Survey on the fundamental Conventions, 2012, paragraphs 841 and 844). The Committee urges the Government to provide detailed information on all measures taken, including by the Productive Family Affairs Department and the Family Development Department, to promote equality of opportunity and treatment for men and women in employment and occupation and to combat stereotypical views of what jobs are appropriate for men and women, with an indication in particular of the employment, education and vocational training measures adopted to address occupational sex segregation. The Committee also requests the Government to provide up-to-date statistics, disaggregated by sex and origin, concerning the participation of men and women in the various sectors of economic activity and at each level within the various occupations, in both the private and the public sectors, as well as statistics on the participation of both Qatari and non-Qatari women in education and vocational training.

Enforcement. The Committee notes the Government’s indication that the Labour Inspection Department of the Ministry of Labour and Social Affairs carries out inspections to detect any discriminatory practices and that the legal measures to remedy such violations include issuing advice, counselling or warnings to employers. The Committee also notes the statement by the Government that infringement reports are prepared and referred to the judicial bodies to initiate the necessary legal proceedings against employers found to be in violation. The Committee notes that the NHRC received a total of 1,930 complaints related to labour issues in 2013, but that the information does not indicate how many of these complaints related to discrimination. The Committee highlights the role of labour inspection in monitoring equality and diversity in the workplace and recalls the importance of training labour inspectors to increase their capacity to prevent, detect and remedy instances of discrimination. The Committee refers in this respect to its comments concerning the application of the Labour Inspection Convention, 1947 (No. 81). The Committee asks the Government to continue providing information on the activities carried out by the Labour Inspection Department, including the number and nature of the violations detected relating to discrimination in employment and occupation, and their outcome. The Committee also requests the Government to provide full information on the number and nature of complaints related to cases of discrimination in employment and occupation brought to the Human Rights Department, the Labour Relations Department and the NHRC or any other administrative or judicial authorities, the remedies provided and the sanctions imposed. Please provide copies of the relevant decisions by these institutions and authorities.

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 2011, published 101st ILC session (2012)

Scope of application. The Committee notes the Government’s statement that no widening of the scope of the Labour Law is required so as to include casual workers, as these are protected by other laws and regulations. The Committee further understands that Law No. 6 of 2009 amends section 3 of the Labour Law of 2004 exempting from its scope of application an additional category of workers, namely those in companies involved in the implementation of drilling and production agreements and the agreements on development of oil and gas fields and production sharing, as well as joint venture agreements in the area of petroleum operations, and petrochemical industries. The Committee asks the Government to indicate how protection against discrimination on the grounds set out in the Convention is ensured, in law and in practice, against workers falling under this exemption. Please provide copies of relevant legal texts covering the abovementioned workers.

Sexual harassment. The Committee notes the Government’s persisting statement that sections 291 and 296 of Penal Code No. 11, 2004 sufficiently protect women against sexual harassment in employment. The Government also refers to the provisions of Islamic Sharia as a main pillar of society and main source of its legislation, which prohibits and penalizes all forms of sexual harassment. The Government further states that Qatari society is conservative with deep and established values that ensure protection from sexual harassment in all areas, including labour. The Committee must stress that addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher burden of proof, which is harder to meet, especially if there are no witnesses, which is often the case, and the fact that criminal law generally focuses on sexual assault and not the full range of behaviour that constitutes sexual harassment in employment and occupation. The Committee was previously encouraged by the Government’s declared intention to develop legal rules in the future that would specifically address sexual harassment. Noting the very diverse composition of the population, with over 80 per cent expatriates, and recalling the particular vulnerability of female domestic workers to sexual harassment, the Committee considers that the existing legal framework is likely to fall short of effective protection for all workers against sexual harassment in employment and occupation, and to provide effective mechanisms for redress. The Committee asks the Government to provide detailed information on all mechanisms of redress and remedies that exist for men and women workers in the public and private sector, including domestic workers, who wish to submit a complaint regarding sexual harassment, both quid pro quo harassment and sexual harassment due to a hostile working environment. Please provide full information on any convictions concerning sexual harassment in the context of work or employment on the basis of sections 291 and 296 of the Penal Code. The Government is also requested to take the necessary steps to ensure that all workers and employers, including employers of domestic workers, along with law enforcers, are aware of the problem of sexual harassment and existing avenues for redress, and to provide information on the action taken and results achieved.

Cooperation with employers’ and workers’ organizations. The Committee reiterates its request to the Government to provide specific information on how the workers’ and employers’ organizations are being involved in the implementation of strategies, plans, studies and measures to promote equality between men and women in employment and occupation. Please also indicate how their cooperation is being sought with respect to measures taken to address discrimination and promote equality with respect to the other grounds covered by the Convention, with an indication of the relevant activities undertaken.

Special measures of protection and assistance. The Committee notes the Government’s statement that the ministerial orders issued pursuant to sections 94 and 95 of the Labour Law concerning industries, occupations and jobs that are prohibited to women and concerning working time, have not yet been promulgated, as they are going through legislative procedures. The Committee hopes that, in adopting regulations or orders pursuant to sections 94 and 95 of the Labour Law, it will be ensured that protective measures will be limited to protecting maternity and that those aimed at protecting women because of their sex or gender, based on stereotyped assumptions, will be repealed, and asks the Government to continue to provide information on any regulations or orders issued. Please also provide copies of those ministerial decisions that are in effect and to which the Government had referred in its previous report.

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

Article 1 of the Convention. Legislation. The Committee recalls that the provisions in the Constitution (article 35) and the Labour Law No. 14 of 2004 (sections 93 and 98) are considerably narrower than the principle set out in the Convention as they do not cover discrimination based on political opinion, national extraction and social origin and only protect against discrimination in certain aspects of employment. The Committee notes the Government’s persisting assertion that the legislative framework is sufficient and effective to ensure observance of the principle of non-discrimination on any basis whatsoever, and that in referring to the term “person” the definition of workers in section 1(5) of the Labour Law covers all the grounds set out in Article 1(1)(a) of the Convention. Instead of inserting a non-discrimination provision in the Labour Law, the Government proposes to increase awareness raising and better understanding of its meaning, aims and objectives. The Committee considers that section 1(5) falls short of effectively prohibiting discrimination on all the grounds of the Convention and notes the absence in the Government’s report of any information demonstrating that effective protection and avenues of redress are being provided in accordance with the Convention. The Committee draws the Government’s attention to the importance of reviewing continually the protection afforded by the national legislation to ensure that it remains appropriate and effective and provides for adequate means of redress and legal remedies for cases of discrimination on all the grounds set out in the Convention, and with respect to all aspects of employment and occupation. In the absence of a clear legislative framework, the Committee urges the Government to take all necessary measures to provide effective protection, in law and in practice, against discrimination on all the grounds of the Convention, including political opinion, national extraction and social origin, and to ensure that effective avenues of redress exist to address complaints of discrimination based on these grounds, for both public and private sector workers. The Government is also requested to indicate how protection against discrimination on the grounds covered by the Convention is being ensured, in practice, with respect to access to vocational training and guidance, access to employment and particular occupations, including recruitment, as well as with respect to all terms and conditions of employment. The Committee further asks the Government to provide full information on the action taken in this regard and results achieved of such action, as required by Article 3(f) of the Convention.

Non-discrimination of migrant workers. Practical application. The Committee notes that according to estimates of the National Statistics Authority provided by the Government in its National Report to the United Nations Human Rights Council, expatriate workers represented, in September 2009, 84 per cent of the population (A/HRC/WG.6/7/QAT/1, 19 November 2009, page 3). The Committee had previously welcomed the attention given by the Government to the situation of migrant workers but had also expressed concern that the sponsorship system in place provides employers with the possibility to exert disproportionate power on migrant workers, which was likely to increase their vulnerability to abuse and discrimination. The Committee had also noted the need to establish effective and accessible mechanisms within the Labour Department to settle disputes between migrant workers and their sponsors.

The Committee notes the adoption of Law No. 4 of 2009 regulating the entry and exit of expatriates in Qatar and their residence and sponsorship, revoking Law No. 3 of 1963 on the entry and residence of aliens in Qatar and Act No. 3 of 1984 on the regulation of the sponsorship of the residence and exit of aliens. It notes that section 22 of the Law allows the transfer of a migrant worker to another employer with the written consent of both the new and the previous employer, and after having obtained the approval of the Ministry of Labour for those workers to whom the Labour Law applies. Section 12 authorizes the Minister of Interior to transfer a migrant worker, temporarily or permanently, without the employer’s consent, in case of a lawsuit between the sponsor and the worker, and in the event of abuse by the employer or if public interest so requires. In the case of workers covered by the Labour Law, the Minister of Interior approves the transfer upon the worker’s request and with the consent of the Ministry of Labour. The expatriate worker continues to be dependent on the sponsor’s permission to leave the country temporarily or permanently (section 18).

The Committee further notes that a Labour Relations Department was set up by virtue of Order No. 35 of 2009 to receive and take speedy decisions regarding complaints and to disseminate publications intended for workers in coordination with the relevant embassies, as well as providing guidance and counselling. The Higher Council of the Judiciary also has special units to examine law suits initiated by workers with a view to speeding up decisions. According to the Government, the Human Rights Department has continually handled complaints arising out of labour relations between sponsors and workers and the Ministry of Interior approved a large number of requests regarding the transfer of workers on the basis of evidence of existing abuse. Efforts have been made by the Government to monitor the application of the labour legislation and to provide information, assistance and counselling to migrant workers.

While welcoming the Government’s efforts to improve the protection of workers under the sponsorship system and to establish more effective complaints and dispute settlement mechanisms, the Committee remains concerned that the limitations imposed on the cases in which transfer of a worker to another sponsor is allowed, as well as the requirement to obtain permission of the sponsor, continues to place the worker in a vulnerable situation. Given the high number of migrant workers in the country and the current legislative framework regarding employment discrimination, the Committee considers it important that the Government keeps the operation of the sponsorship system under review with a view to assessing whether appropriate flexibility to change workplaces is being provided in practice to all migrant workers in cases of abuse and discrimination on the grounds set out in the Convention. The Committee is concerned that under the present system migrant workers suffering abuse and discriminatory treatment may refrain from bringing complaints out of fear of retaliation by the employer, or because of uncertainty as to whether this would lead to a change of sponsor, or to deportation. At the same time, filing a lawsuit or bringing a complaint to establish abuse by the employer is a requirement for being granted permission to change the workplace. The Committee, therefore, asks the Government to provide information on the concrete measures taken, including by the National Human Rights Commission (NHRC), the Labour Relations Department and the Human Rights Department to address discrimination of migrant workers on the grounds set out in the Convention, including through providing accessible and effective complaints procedures and counselling and legal assistance to migrant workers. The Committee requests the Government to continue to provide information on the measures taken or envisaged to allow for appropriate flexibility for migrant workers to change their sponsor which may assist in avoiding situations in which migrant workers become vulnerable to discrimination and abuse. In this regard, please indicate the number of migrant workers, including domestic workers, that have successfully applied for a change of workplace during the reporting period, indicating the reasons for granting such a transfer. Please also provide particulars of those workers who have applied for transfer and been refused and the grounds for such refusal. The Committee asks the Government to monitor closely the application of Law No. 4 of 2009 and to examine the extent to which it may give rise to discriminatory practices against migrant workers based on the grounds of the Convention, and to provide information on the findings and any follow-up. Please provide information on the number and nature of complaints relating to employment discrimination, including harassment and sexual harassment, submitted by migrant workers and in particular domestic workers, to the NHRC, the Human Rights Department and the Labour Relations Department, as well as the outcome of these cases and remedies provided. Noting that in 2007 non-Qatari women constituted 100 per cent of the workers in household services and that the Bill on domestic workers is still being prepared, the Committee asks the Government to take all the necessary measures to protect migrant domestic workers against discrimination on the grounds of the Convention, in law and in practice, and hopes that the bill on domestic workers will soon be adopted and will be in conformity with the principle of the Convention. The Committee draws the Government’s attention to the recently adopted Domestic Workers Convention, 2011 (No. 189), and Recommendation No. 201.

Equality between men and women in employment and occupation. The Committee notes that in September 2009, the total population (nationals and non-nationals) of the State of Qatar was 1,623,724, of which 1,248,668 (75.7 per cent) were male and 375,056 (24.3 per cent) were female. The Committee notes the information provided by the Government that the overall economic activity rate of women rose from 27.5 per cent in 1986 to 49.3 per cent in 2007 and that the percentage of economically active women out of the total of Qatari women rose from 30.3 per cent in 2004 to 34.6 per cent in 2007. The data also indicate an increase in the concentration of Qatari women in the teaching profession and in occupations of an educational nature, and in clerical occupations in Government ministries. In 2007, women represented 49.7 per cent in specialized occupations (compared to 40.8 per cent in 2004) while their percentage in clerical occupations decreased from 42.7 in 2004 to 28.8 per cent in 2007. In 2007, 43.4 per cent of the economically active women were employed in the household sector with the majority in household services, where non-Qatari women represent 100 per cent of the workers.

The Committee recalls the concentration of women in certain courses of training and educational institutions, with no women enrolled in some courses while in others they constituted 100 per cent of the student population. It also recalls the need for more proactive measures to address discriminatory practices in job advertisements and hiring, and to eliminate stereotyped assumptions by employers of women’s and men’s suitability for certain jobs and to encourage women to apply for posts traditionally or exclusively held by men. The Committee had previously requested information on the implementation of economic and education components of the General Strategy for the Family, and its impact on achieving equality between men and women with respect to access to a wide range of training courses, jobs and occupations, including posts of responsibility. The Committee notes the Government’s statements that the elimination of certain old traditions regarding certain jobs for men and women needs time and effort and that it is undertaking great efforts to raise awareness and address traditions and standardized assumptions in this regard. The Committee notes that apart from the pilot programme carried out by the High Council for Family Affairs to promote women’s empowerment in management of small enterprises, the Government provides no further information on the measures taken to implement the General Strategy for the Family; no specific information has been provided either on the concrete measures taken, and their impact, to address discriminatory advertising and hiring practices and assumptions by employers of women’s and men’s suitability for certain jobs. The Committee, however, notes with interest the ratification by Qatar on 26 April 2009 of the United Nations Convention on the Elimination of all Forms of Discrimination against Women. Noting the Government’s commitment to improve women’s participation in the labour market and to make an effort to gather and communicate the requested information as soon as possible, the Committee asks the Government to ensure that its next report contains full information on the implementation of the General Strategy for the Family and its impact, as well on the measures taken to address stereotypical views of what jobs are appropriate for women and men with a view to addressing discriminatory practices in advertisement and hiring. The Committee also requests the Government to indicate the findings of the studies undertaken by the High Council for Family Affairs on the barriers that hinder women from reaching leadership positions, and to provide information on all measures taken to address the concentration of women in certain occupations and training courses. Please provide up-to-date statistics, disaggregated by sex and origin, showing the evolution since 2007 regarding the proportion of men and women in the various sectors of activity and at each level within the various occupations in both the private and public sectors.

Enforcement. The Committee notes the establishment of the Labour Inspection Department by Order No. 35 of 2009 to monitor the implementation of the regulations protecting workers, undertake workplace inspections and provide advice and counselling to employers. The Committee further notes that the Government’s report again does not contain information on complaints submitted by Qatari workers and migrant workers to the courts, or to the Labour Relations Department, the Human Rights Department and the National Committee of Human Rights that specifically relate to discrimination in employment and occupation on any of the grounds set out in the Convention. The Committee recalls that the absence of complaints relating to employment discrimination does not necessarily indicate the absence of such discrimination in the country. The Committee asks the Government to provide specific information on how the labour inspection department monitors discriminatory practices by employers, and the outcome of these activities. The Committee also asks the Government to provide detailed information on the specific measures taken by the various government Departments and the NHRC to promote equality of opportunity and treatment and non-discrimination in employment and occupation with respect to all the grounds covered by the Convention, and information on the nature and number of complaints received by these bodies regarding discrimination, and the remedies provided and sanctions imposed.

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

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

Sexual harassment. With respect to its previous comments requesting the Government to take steps to prevent and prohibit sexual harassment in employment, the Committee notes the Government’s indication that sections 291 and 296 of Penal Code No. 11, 2004, sufficiently protect women against sexual harassment in employment; hence, in the view of the Government, there is no need to include similar provisions in the Labour Law, 2004. The Committee recalls that criminal laws have limited scope to prevent and address sexual harassment at the workplace, particularly the more subtle instances of work-related sexual harassment. Criminal proceedings may also not be very accommodating to address the sensitivity of the issue, and there is a higher burden of proof, which is harder to meet, especially if there are no witnesses. Therefore, the Committee again requests the Government to consider including a provision in the Labour Law that defines and explicitly prohibits sexual harassment. Awaiting such amendments, the Committee asks the Government to supply information on any convictions concerning sexual harassment in the context of work or employment on the basis of sections 291 and 296 of the Penal Code. Please also provide information on the measures adopted to raise awareness among workers and employers, as well as among law enforcers, on the problem of sexual harassment.

Equality of men and women in employment and occupation. The Committee notes the Government’s statement that the Department of National Labour Force Development endeavours to prevent any segregation in job candidatures on the basis of sex, and gives priority to the qualification, specialization and date of registration of jobseekers. Employers are encouraged to engage women in different fields and types of employment. The Committee notes that the National Strategy for the Development of Women has been revised and become part of the General Strategy for the Family and its follow-up plan, which have yet to be adopted. The economic component of the General Strategy for Family includes strategic objectives concerning women and the labour market and the operational plan contains programmes to achieve equality in jobs, recruitment and promotion, as well as programmes to encourage women to work in the fields of law, diplomatic service, health and information. The education component of the strategy contains objectives and projects to provide and develop training opportunities for both men and women, and to use the education system to promote a positive image of women, her position in the family and in the society and of her role in social development. The Committee further notes that the High Council for Family Affairs is preparing studies on the barriers that hinder women from reaching leadership positions, and on part-time work. It is also implementing a programme of empowerment of women in north Qatar through training courses and undertaking a study on available employment opportunities for them and their tendencies with regard to work. The Committee asks the Government to provide information on the implementation of the economic and education components of the General Strategy for Family and its follow-up plan, and its impact on achieving equality between men and women with respect to access to a wide range of training courses, jobs and occupations, including posts of responsibility. Please also indicate the measures taken under the education component to address stereotypical views of what jobs are appropriate for women and men. The Committee would also be grateful to receive information on the findings of the studies undertaken by the High Council for Family Affairs and on its activities to promote women’s employment in North Qatar. 

Distribution of men and women in the public and private sectors. The Committee notes from the statistics provided by the Government that women constitute 42.5 per cent of the professors and employees of the University of Qatar. However women only constitute 19.4 per cent of professors while they represent 68 per cent of assistant teachers and 47 per cent of employees. The Government indicates that women have managed to occupy leadership positions which, until recently, were previously held by men and that activities are being undertaken to upgrade and further develop the leadership capacities and qualifications of the staff. The Committee further notes the information provided on the number of men and women jobseekers that have been provided with employment. While appreciating the data provided, the Committee once again asks the Government to provide more detailed information on the proportion of men and women at each level within the various occupations in the private and public sectors.

Cooperation with employers’ and workers’ organizations. The Committee asks the Government to provide specific information on how the workers’ and employers’ organizations are being involved in the implementation of the abovementioned strategies, plans, studies and measures to promote equality between men and women in employment and occupation. Please also indicate how their cooperation is being sought with respect to measures taken to address discrimination and promote equality with respect to the other grounds covered by the Convention, with an indication of the relevant activities undertaken.

Special measures of protection and assistance. The Committee notes the Government’s statement that no decision has been issued pursuant to sections 94 and 95 of the Labour Law concerning industries, occupations and jobs that are prohibited to women and concerning working time. The Committee recalls, however, the Government’s previous statement that some ministerial orders are in force. The Committee hopes that, in adopting regulations or orders pursuant to sections 94 and 95 of the Labour Law, it will be ensured that protective measures will be limited to protecting maternity and that those aimed at protecting women because of their sex or gender, based on stereotyped assumptions, will be repealed. The Committee requests the Government to keep it informed of any regulations or orders issued pursuant to sections 94 and 95 of the Labour Law concerning industries, occupations and jobs that are prohibited to women and concerning working time. Please also provide copies of those ministerial decisions that are in effect and to which the Government had referred to in its previous report.

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

Article 1 of the Convention. Legislation. The Committee recalls that the provisions in the Constitution and Labour Law No. 14, 2004, are considerably narrower than the principle set out in the Convention as they do not cover discrimination based on political opinion, national extraction and social origin and only protect against discrimination in certain aspects of employment. Therefore, the Committee had asked the Government to consider amending its legislation so that it more fully reflected the principle of equal opportunity and treatment as set out in Article 1 of the Convention. The Committee notes that the Government once again states that the Constitution and Labour Law No. 14, 2004, provide adequate protection against discrimination in employment and occupation on the grounds enumerated in the Convention. The Government states that, since the fundamental principle of non-discrimination and equality is laid down in the Constitution, all other laws should be in conformity with this principle. Rather than repeating this principle in supplementary legislation, the Government intends to concentrate on its practical application. The Committee recalls that while there is no general obligation to legislate in all the areas covered by the Convention, where provisions are adopted to give effect to the principle of the Convention, they should include all the grounds of discrimination set out in Article 1(1)(a) of the Convention. While appreciating the Government’s explanations, the Committee still maintains that an explicit non-discrimination provision in the Labour Code covering all the grounds would considerably improve the legal protection against discrimination in employment and occupation. The Committee, therefore, asks the Government to take the necessary steps to amend its legislation so that protection against discrimination is guaranteed with respect to all the grounds of discrimination set out in Article 1(1)(a) of the Convention, including national extraction, political opinion and social origin. Please also indicate how protection against discrimination on the grounds covered by the Convention is being ensured, in practice, with respect to access to vocational training and guidance, access to employment and particular occupations, including recruitment, as well as with respect to all terms and conditions of employment.

Equality of opportunity and treatment and non-discrimination of migrant workers. Practical application. The Committee notes that Qatar is receiving a growing number of foreign workers, mainly from Asian and African countries. It notes from the Government’s report that the National Human Rights Committee (NHRC) has received several complaints from domestic workers, who are mainly women, alleging excessive hours of work without weekly rest, prohibitions on leaving the house, and inhumane and severe mistreatment. The Committee further notes the report of 2006 of the NHRC in which it expresses concern about the working conditions and rights of migrant workers in the construction, digging and concrete-making industries, and of domestic workers. The NHRC is particularly concerned about the abuses against and mistreatment of migrant workers, as well as instances of human trafficking, resulting from the sponsorship system currently in place. According to the NHRC, the system prevents workers from changing their working conditions and has led to arbitrary practices by sponsors, including the non-payment of wages, withholding workers’ passports, lack of adequate accommodation, shortage of food, involuntary long hours of work, battering, lashing, detention and sometimes sexual harassment or rape. Due to the high dependency on their employer, workers are reluctant to complain out of fear of losing their job and being deported. The NHRC is also extremely preoccupied by the fact that migrant workers, including domestic workers, are being held in the Deportation Detention Centre for long periods of time following a request by their sponsor or pending the resolution of civil and labour disputes with their sponsor. According to the NHRC there is an urgent need for the establishment of an effective and accessible mechanism within the Labour Department to settle disputes between migrant workers and their sponsors.

The sponsorship system. The Committee notes that Law No. 3 of 1963 on the entry and residence of aliens in Qatar, and its amending laws, and Act No. 3 of 1984 on the regulation of the sponsorship of the residence and exit of aliens, as amended by Law No. 21 of 2002 regulate the sponsorship system. Under the legislation, every foreigner asking for admittance or residence in Qatar to work, practice a profession or trade must have a sponsor. Section 19(1) of Law No. 63 provides that a foreigner who has been admitted for a certain job shall not leave that job for another, and shall leave the country in case of cancellation of the sponsorship for any reason whatsoever. However, the Minister of Internal Affairs may approve the transfer of sponsorship of a foreign worker to another employer, if this is considered in the interest of the country. Furthermore, section 5 of Ministerial Order No. 21 of 2001 provides that foreign workers may only change their employer, and therefore sponsor, if their sponsor agrees, and only under certain conditions. Furthermore, sections 21 and 22 of the Law of 1963 provide for the deportation of foreigners in a number of cases and their mandatory stay in certain areas for two weeks, which is renewable. The Committee notes that the NHRC has called for the abrogation of Law No. 3 of 1963 and Law No. 3 of 1984, and asked the Government to enact legislation that restores balance to the worker–employer relationship.

Legal protection of migrant workers and enforcement of their rights. The Committee recalls that article 35 of the Constitution provides that there shall be no discrimination on account of sex, origin, language, or religion, and that Labour Law No. 14, 2004, applies to migrant workers, although casual workers, domestic and similar occupations remain outside the scope of the Labour Law. However, the Committee notes that, following a recommendation of the NHRC, the Government has submitted a draft law regulating the employment of domestic workers to the Council of Ministers. The Committee further notes that migrant workers may submit complaints to the NHRC which, pursuant to section 2(3) of Decree Law No. 38, 2002, on the establishment of the National Committee of Human Rights, can investigate complaints of human rights and suggest suitable means to address them. The Committee notes that, in 2006, the NHRC received 1,202 complaints, of which 160 concerned deportation decisions, 340 sponsorship transfer requests and 230 complaints regarding disputes between sponsors and workers concerning money, travel, sponsorship transfer or the obligation to work for another employer; 31 complaints were received relating to the right to work. The Committee further notes that, according to the Government, the NHRC has always examined complaints from domestic workers as a matter of urgency or has appointed social officers to investigate the facts and the validity of the allegations. Complaining workers have been transferred to other employers, or an end is put to the employment relationship, and once the workers have received their financial entitlements, their repatriation is ensured.

The Committee’s assessment. The Committee welcomes the fact that the situation of migrant workers in Qatar is being given increased attention, and that violations of their rights are now being documented and recognized. Nevertheless, noting the serious concerns expressed by the NHRC, the Committee is concerned about the disproportionate dependency of the worker on the employer created under the sponsorship system, which enhances workers’ vulnerability to abuse and exploitation and contributes to the reluctance to report abusive working conditions. The Committee is also concerned about the practice of holding migrant workers in the Deportation Detention Centre awaiting the outcome of labour disputes with their sponsor, although some measures appear to have been taken to address this issue. Concerned that the possibility for employers under the sponsorship system to exert disproportionate power on migrant workers leads to discrimination against migrant workers on the basis of race, sex, religion and national extraction with respect to their conditions of work, the Committee asks the Government to provide the following information:

(i)    the concrete measures taken, including by the NHRC, to address discrimination of migrant workers based on race, sex, religion or national extraction in employment and occupation, and in particular in relation to their conditions of work;

(ii)   any follow up to the recommendation of the NHRC to abrogate Law No. 3 of 1963 on the entry and residence of aliens in Qatar and Law No. 3 of 1984 on the regulation of the sponsorship of the residence and exit of aliens, as amended by Law No. 21 of 2002; pending legislative steps in this regard, to examine the extent of discrimination of migrant workers based on the grounds set out in the Convention, including the discriminatory impact that the sponsorship system may have on migrant workers;

(iii) measures taken to strengthen further the enforcement of the legislation applicable to migrant workers with a view to eliminating and preventing discriminatory or abusive practices and treatment contrary to the Convention and the legislation, including through providing accessible and effective complaints procedures and providing adequate information, counselling and legal assistance to migrant workers;

(iv)  the number and nature of complaints relating to employment discrimination submitted by migrant workers, and in particular domestic workers, to the NHRC or other authorities competent to monitor their situation, as well as the remedies provided. Please also indicate any activities undertaken by the labour inspection services to address discrimination against migrant workers; and

(v)   the status of the draft law on the employment of domestic workers, which the Committee hopes will be in conformity with the principle of the Convention. Please also indicate whether any legislative steps are being considered to extend the Labour Law to casual workers.

Equality between men and women. Access to vocational training and education. The Committee notes the statistics concerning the distribution of men and women in training and educational institutions. With respect to the enrolment in university courses, the figures show that 89.9 per cent of the students enrolled in the College of Arts and Science are women and that women constitute 68.3 per cent of the students of the College for Business and Economics, 80.4 per cent of students of the College of Education, 70.8 per cent of students in the College for Sharia and Islamic Studies, 58.2 per cent of the students in the College of Law, 51.8 per cent of the students in the College of Engineering and 76.2 per cent in the Foundation Programme Unit. The Committee also notes that some of the courses do not have any women enrolled, or in very low numbers, while in others they constitute 100 per cent of the student body. The Committee further notes that a help desk has been opened which has a wide variety of tasks aimed at assisting jobseekers in obtaining a job that matches their specializations, skills and tendencies. The help desk also prepares studies and compiles statistics on employment and presents conclusions and recommendations in this regard. The Committee asks the Government to continue to provide comparable statistical information on the distribution of men and women among the various educational and training institutions, as well as information on how the education and training received by women translate into employment opportunities once they complete the courses. Please also provide information on the activities of the help desk to promote women’s employment.

Discrimination based on sex. Job advertisements. The Committee recalls its previous observation in which it noted that jobs were advertised and filled based on stereotyped assumptions. It had expressed concerns about the Government’s explanations that advertisements referring to “female secretary” and “male accountant” were not discriminatory but based on the employer’s evaluation of the most suitable applicant for a specific post, based on expertise and gender. The Committee notes the Government’s statement that certain professions are still exclusively held by men because women do not apply for such positions. The Government also states that, in Arabic, job titles are referred to in the masculine which does not mean that women are prohibited from applying or that the employer refuses to employ women. The Committee recalls that stereotyped assumptions regarding women's capabilities and “suitability” for certain jobs contribute to discrimination in hiring. While noting the Government’s explanations, the Committee is unable to conclude that no discriminatory practices exist with respect to job advertisements and hiring. The Committee urges the Government to take more proactive measures to address discriminatory advertising and hiring practices, such as awareness raising to eliminate stereotyped assumptions by employers of women’s or men’s suitability for certain jobs, as well as measures encouraging women to apply for posts traditionally or exclusively held by men, for example, by explicitly stating that both men and women are encouraged to apply for the job.

National human rights machinery. In addition to the information mentioned above on the complaints received by the NHRC, the Committee notes the extensive information provided by the Government on the awareness-raising and promotional activities of the NHRC on the promotion of human rights. The Committee further notes that the Government’s statement that the NHRC has never encountered any discrimination in employment and occupation on the ground of religion which can be attributed to the freedom of creed and belief of all citizens of Qatar. The Committee notes that the Government’s report does not include any information on complaints received by the NHRC or other competent bodies relating to discrimination based on any of the other grounds covered by the Convention. The Committee recalls that the Convention covers citizens and non-citizens and that the absence of complaints relating to employment discrimination based on religion or on other grounds covered by the Convention is not an indication of the absence of such discrimination in the country. The Committee asks the Government to continue to provide information on the following:

(i)    the measures taken, and their impact, by the NHRC and other competent bodies to promote equality of opportunity and treatment in employment and occupation with respect to all the grounds covered by the Convention;

(ii)   the complaints received by the NHRC and the courts regarding discrimination relating to the grounds set out in the Convention, and the remedies provided; and

(iii) the measures taken to increase awareness among workers and employers about the manifestations of employment discrimination covered by the Convention. Please also indicate how collaboration with workers’ and employers’ organizations is being sought in this regard.

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

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 1. Sexual harassment. In its previous comment, the Committee noted that though the present legislative framework was not sufficient to protect against sexual harassment in the workplace, the Government had indicated that it intended to develop legal rules specifically to address sexual harassment. However, the Committee notes that the Government does not, in its most recent report indicate that any steps have been taken in this regard, and states only that no cases of sexual harassment have been brought before the courts. The Committee requests the Government to take measures to prevent and prohibit sexual harassment in employment, in line with its 2002 general observation, and to inform the Committee of any progress made in this regard.

2. Article 2. Equality of women and men in employment and occupation. The Committee noted previously the fact that the Government’s five-year plan (2001-05) anticipated the number of workers needed in the coming years segregated by sex. The Committee expressed concern that segregating the needs of the labour market on the basis of sex could predetermine the educational and work opportunities available to women and men. The Government indicates in its report that this approach to the needs of the labour market is based on the desires of employers. The Committee continues to be concerned that the Government’s approach to labour market needs is reinforcing existing stereotypes of what jobs are appropriate for women and for men. The Committee urges the Government to take measures to address stereotypical views of what jobs are appropriate for women and men, including through awareness raising for workers and employers, and to seek the cooperation of employers’ and workers’ organizations in this respect. The Committee also requests the Government to ensure that policies and plans under its control are not reinforcing stereotypes in employment and occupation.

3. With respect to employment of women in the public, private and mixed sectors, the Committee notes the information provided by the Government regarding the increase in the number of women working in all sectors. However, it is not clear in what type of jobs women are employed. The Committee, therefore, requests the Government in future to also provide information regarding the proportion of women and men at each level within various occupations.

4. Article 3. Cooperation with employers’ and workers’ organizations. The Committee notes the information provided by the Government regarding the continued dialogue and collaboration between the Government and the International Confederation of Arab Trade Unions. The Committee requests the Government to continue providing information on the consultations and activities undertaken with employers’ and workers’ organizations to promote the principle of the Convention.

5. Article 5. Special measures of protection or assistance. With respect to sections 94 and 95 of the Labour Law, anticipating protective measures for women through regulation, the Committee notes the Government’s indication that some ministerial orders are now in effect and others are pending. The Committee requests the Government to forward copies of any regulations or orders issued pursuant to sections 94 and 95 of the Labour Law concerning industries, occupations and jobs that are prohibited to women and concerning working time.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 1 of the Convention. Legislation. The Committee noted in its previous observation that in the process of adopting a new Constitution and a new Labour Law, the opportunity had not been taken to give effect fully to the Convention. In particular, the prohibited grounds of discrimination had not been modified in the new Constitution, so that discrimination on the grounds of political opinion, national extraction and social origin were still not included. The Committee notes the Government’s indication that the issues under Convention No. 111 are resolved through the Labour Law, 2004, since, according to the Government, it applies to all workers without discrimination. The Committee again draws the Government’s attention to the fact that the Labour Law has only limited provisions dealing with discrimination, which are considerably narrower than the principle set out in the Convention. The Labour Law provides that men and women shall be paid the same wage for the same work, that women shall have the same opportunities for training and promotion (section 93), and that an employer may not terminate a woman’s contract due to her marriage or taking maternity leave (section 98). In addition, the Committee recalls that the Labour Law excludes a number of groups of workers, which may be particularly vulnerable to discrimination, such as casual workers and domestic workers (section 3), the latter group being comprised primarily of women. The Committee regrets that in adopting new legislation, the opportunity was not taken to include all the grounds enumerated in Article 1(1)(a) of the Convention, and that non‑discrimination on these grounds was not ensured for all workers with respect to access to vocational training and guidance, access to employment and particular occupations, including recruitment, as well as with respect to all terms and conditions of employment. The Committee again urges the Government to consider amending the labour legislation so that it more fully reflects the principle of equal opportunity and treatment as set out in Article 1 of the Convention, including a prohibition of discrimination on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, in all aspects of employment and occupation.

2. Article 2. National equality policy. The Committee notes its previous comments, regarding the importance of formulating and applying a policy of non-discrimination and equality, with respect to all the grounds set out in the Convention, including measures in law and practice that provide effective protection from discrimination and promote equality in employment and occupation. The Committee notes the information provided by the Government regarding the establishment of the National Committee for Human Rights, which is mandated to promote international human rights instruments to which Qatar is a party, examine complaints, and undertake awareness raising and sensitization in this area. The Committee also notes the Government’s reference to the work of the High Council for Family Affairs, which is to prepare a strategy for women’s progress in collaboration with UNIFEM, with the aim of giving women a more active and influential role in society and its development, achieve wider participation of women in higher echelons of authority and decision-making positions, endeavour to change the trends and societal values which hinder the acceptance of women’s participation in development projects, and reaffirm Arab and Muslim values and principles which seek complementarity between men and women in society. The Committee requests the Government to provide information on the specific activities undertaken by the National Committee for Human Rights to promote equality of opportunity and treatment on all the grounds set out in the Convention, namely, race, colour, sex, religion, political opinion, national extraction or social origin, including awareness raising and sensitization, and details of any complaints received regarding discrimination, and the outcome thereof. The Committee also looks forward to receiving a copy of the strategy paper prepared by the High Council of Family Affairs, as well as information on its follow-up. Please also continue to provide information regarding the specific activities of the High Council of Family Affairs relevant to the promotion of the Convention.

3. Equality between men and women. The Committee notes the information provided by the Government regarding the number of women enrolled in university and various training programmes, including those offered by Qatar Petroleum and Qatar Communications Company. The Committee notes that in the university courses, in some areas, the number of women decreased between 2004 and 2005, including in the faculty of political science and management, and law and Sharia, while in other areas, such as computer and industrial engineering, there is a slight increase in the number of women. In the training institutes, there has been an increase in women in the area of administration and nursing, and a decrease in accounting and information technology. In the Qatar Communications Company, the Committee notes that during the same period, there has been a decrease in female trainees in all areas. The Committee requests the Government to continue providing comparable statistical information on the distribution of men and women among the various educational and training institutions. It also requests information regarding how the education and training received by women translate into employment opportunities once they complete the courses. The Committee would also like to receive information on any measures taken to promote training and educational opportunities for women in areas that have traditionally been dominated by men.

4. The Committee notes with concern the indications in the Government’s report that jobs are advertised and filled based on stereotyped assumptions of what is appropriate for men and women. The Government provides examples of newspaper advertisements specifying the sex of those who may apply, such as a male accountant or a female secretary. The Committee also notes with concern the Government’s explanation to the effect that such advertisements and hiring practices are not discriminatory, but are based on the employer’s evaluation of the most suitable applicant for a specific post, based on expertise and gender. The Committee draws the Government’s attention to the fact that such advertising and hiring practices constitute direct discrimination based on sex, and are incompatible with the principle of non-discrimination in employment and occupation. The Committee therefore urges the Government to take measures to promote equal access of women and men to all types of employment and occupation, and to prohibit discriminatory advertising and hiring practices.

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

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

1. Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. Recalling its 2002 general observation, the Committee notes the Government’s indication that at present, there are no laws dealing with sexual harassment in the workplace. The Committee notes, however, the Government’s reference to other statutory provisions in the Labour Law (section 51(2)), the Public Service Act (section 75) and the Criminal Code designed to uphold the dignity of employees and employers. The Committee considers these provisions alone are likely insufficient to protect against sexual harassment in the workplace. The Committee is nonetheless encouraged by the Government’s apparent intention to develop legal rules in the future that specifically address sexual harassment. The Committee, therefore, asks the Government to keep it informed of any legislative measures taken to define and prohibit sexual harassment in line with the Committee’s general observation, along with any practical measures adopted to discourage sexual harassment in the workplace. The Committee also asks the Government to indicate whether any cases of sexual harassment have been brought before the courts or other competent authorities invoking the abovementioned provisions and what remedies or sanctions were applied.

2. Article 2. Equality of men and women in employment and occupation. The Committee notes the information in the Government’s report describing its follow-up to the recommendations of the 1997 Conference on "Women and the labour market". It notes that a few of these recommendations, including the one on maternity leave, were immediately approved by the Council of Ministers and put into practice. Subsequently, other recommendations (the creation of a High Committee for Family Affairs and an administrative tribunal for civil servants and workers) were also adopted. The Committee further notes that at present, the recommendation on granting equal housing allowances for female civil servants has started to be applied. The Committee requests the Government to continue to supply details on the implementation of these recommendations and, in particular, to provide information on the work of the High Committee for Family Affairs and the administrative tribunal with respect to discrimination in employment and occupation.

3. Further, the Committee notes with interest the information in the Government’s report on a number of initiatives aimed at addressing the situation of women’s employment in the country. For example, the self-employment project in collaboration with the ILO targeting unemployed female graduates and envisioning the creation of a small enterprises training centre for women. The Committee encourages the Government to continue its efforts to study and improve the working opportunities of women and asks that in subsequent reports, the Government provide detailed information on the outcomes of these initiatives.

4. With regard to the implementation of the five-year plan (2001-05), the Committee notes the Government’s explanation for how it gathered data to determine the anticipated number of workers needed to supply the labour market in the coming years in both the public and private sectors. The Government’s report does not clarify, however, why male and female workers are considered separately in determining this demand. The Committee is concerned that segregating the needs of the labour market on the basis of sex risks predetermining the educational and work opportunities available to men and women and, accordingly, is detrimental to the principle of equality of opportunity and treatment in employment. The Committee asks the Government to indicate why, under the five-year plan, the anticipated demand for workers is different for men and women in the public and private sectors and, specifically, what sorts of jobs are anticipated to be filled by male graduates in comparison with female graduates.

5. Article 3(c). Employment of women in the public service. The Committee thanks the Government for its explanations concerning the repeal of section 82 of the Civil Public Employment Act which authorized the authorities to terminate the employment contracts of nurses as from the fifth month of pregnancy. It notes the Government’s statement that nurses are now subject to the same rules as civil servants under the authority of the Public Service Act (Act No. 1 of 2001) and that this law covers rules on maternity leave. The Committee nonetheless asks the Government to indicate the impact, in practice, of this change in law on the employment of female nurses (i.e. do pregnant nurses in fact work beyond their fifth month of pregnancy and how many are returning to work after childbirth).

5. Article 5. Special measures of protection or assistance. With reference to the newly adopted Labour Law, 2004, the Committee notes with interest the inclusion of provisions on maternity leave (section 96), and rest intervals for nursing female workers (section 97). The Committee hopes that the application of these provisions in practice will have a positive effect on women’s equal participation in the labour market. The Committee also notes that protective measures are anticipated under section 94 whereby women are prohibited from employment in dangerous, arduous work, work detrimental to their health, morals or other work to be specified by a decision of the minister. Similarly in section 95, the minister has the discretion to decide the times during which women are allowed to work. The Committee would be grateful if the Government would provide information on the impact of the maternity protection available under the Labour Law on women’s equality of opportunity and treatment. The Government is requested to provide a copy of any regulations issued under sections 94 and 95 of the Labour Law concerning industries, occupations and jobs which are prohibited to female workers and concerning working time.

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

1. The Committee notes the report of the Government and the attached documentation along with the discussions in the Conference Committee on the Application of Standards in June 2002. Recalling the communication from the International Confederation of Arab Trade Unions (ICATU) dated 11 March 2002, alleging the existence in Qatar of discrimination on the basis of sex, race, religion and nationality, the Committee notes a subsequent communication from the ICATU dated 15 May 2002 withdrawing, in effect, its previous communication in light of the ongoing dialogue with government officials on these matters. The Government confirmed during the 2002 Conference Committee discussions that a constructive dialogue with ICATU to resolve the issues raised by them had indeed been initiated. The Committee commends both parties for their willingness to engage in constructive dialogue to address these outstanding issues of discrimination in employment and occupation, and it asks the Government to keep it informed on the progress and outcome of these discussions.

2. Article 1 of the Convention. Legislative developments. The Committee notes the adoption in 2003 of the Permanent Constitution of the State of Qatar and in particular article 35, which prohibits discrimination on the basis of sex, race, language and religion. This article leaves unmodified the grounds of discrimination prohibited in earlier constitutional instruments and the Committee notes with regret that in promulgating the Permanent Constitution, the Government did not add the grounds of political opinion, national extraction and social origin which are covered by the Convention. Further, the Committee notes the new Labour Law of 2004 and the Government’s statement that the new legislation applies to all workers without discrimination. The Committee recalls its previous observation in which it had expressed the hope that the Labour Law would fully reflect the principles and objectives of the Convention. While welcoming the legislation adopted, the Committee regrets that the Labour Law of 2004 only provides for equal opportunities and protection against discrimination on the basis of sex with respect to remuneration, training and promotion, and dismissal (sections 93 and 98), and that it excludes from its scope of application certain groups of workers which may be particularly vulnerable to discrimination, such as casual workers and domestic workers, the latter group being comprised primarily of women (section 3). The Committee has consistently held that where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in Article 1(1)(a) of the Convention (General Survey, 1988, paragraph 58). Further, non-discrimination on these grounds should be ensured for all workers with respect to access to vocational training and guidance, access to employment and particular occupation, including recruitment, as well as with respect to all terms and conditions of employment. The Committee therefore urges the Government to consider amending its labour legislation to include provisions that would more fully reflect the principle of equality of opportunity and treatment as set out in Article 1 of the Convention, including a prohibition of discrimination on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, in all aspects of employment and occupation.

3. Articles 2 and 3. National policy to promote equality. The Committee notes that the Conference Committee emphasized the need for the Government to formulate and apply a policy of non-discrimination and equality for all men and women, and with respect to all the grounds of discrimination set out in the Convention. In this regard, the Committee recalls that although constitutional provisions on equality and the absence of discriminatory laws may be considered as elements of a national policy to promote equality as required under the Convention, it is not sufficient in itself to constitute such a policy. It considers that a national policy in accordance with Articles 2 and 3 of the Convention should include measures, in law and in practice, that effectively provide protection from discrimination and promote equality in employment and occupation. While commending the Government for the measures taken to promote women’s access to training and employment opportunities, the Committee nevertheless recalls that, in order to declare and pursue a national equality policy in accordance with the Convention, it is necessary for the Government to address discrimination on all the grounds covered by the Convention. Moreover, Article 3(f) of the Convention requires the Government to indicate in its reports on the application of the Convention the action taken in pursuance of the policy and the results achieved by such action. The Committee therefore requests the Government to provide information on the measures taken to promote and ensure equality of opportunity and treatment on all the grounds listed in the Convention in practice, such as information on awareness raising or training initiatives, research studies, surveys or similar activities carried out to address the various forms of discrimination.

4. Equality between men and women. The Committee notes with interest the creation of a Training and Rehabilitation Centre for women through the Ministry of Civil Service Affairs and Housing. It also notes an increase in the enrolment of women, for instance, in studies at the Qatar Technical College where female students in fact outnumber their male counterparts. However, the Committee notes that in some instances, the distribution of men and women continues to reveal that certain specializations are exclusively pursued by women (e.g. all 540 students enrolled in the Advanced Institute for Nursing Care are women) while other studies are mostly pursued by men. For instance, 90 per cent of the 2,463 interns reported to have received training through Qatar-Communications between 2000 and 2001 were men. In this regard, the Committee also notes that the statistics in the Government’s report on training programmes offered through Qatar Petroleum are not disaggregated by sex, unlike the comparable figures included in the Government’s report from 2001. This earlier data showed that of the 895 individuals enrolled in a variety of technical specialties, only 120 were woman and all of these women were enrolled in the secretarial programme. The Committee requests the Government to continue to provide information on any current or planned measures to promote equal access of men and women to all areas of training and education, and to supply statistics on the distribution of men and women among the various educational and training institutions. In particular, it asks the Government to give more detailed information on the number of men and women enrolled in training programmes offered through Qatar Petroleum as well as on the curriculum and operation of the newly created Training and Rehabilitation Centre.

5. The Committee notes the information provided by the Government regarding the participation of women in the labour market and is encouraged in particular by the statistics showing an increase in the number of women employed in the scientific and technical sectors (6,944 in 2002 compared with 6,041 in 2001). With respect to employment in the public sector, the Government states that it has undertaken measures destined to give Qatari women the same chances as men to enter the civil service. While appreciating the data provided on the distribution of Qatari employees classified by occupation and sex, the Committee notes that the Government’s report no longer includes detailed statistics on the distribution of male and female employees in the various ministries and other government bodies. The Committee wishes to remind the Government that in order to assess the practical impact of policies destined to enhance equality in employment and occupation, the Committee relies on the regular reporting of comparable data. The Committee requests the Government to continue to provide information on the measures taken or envisaged to promote the equal participation of women in the public service and private sector, including in higher-level posts. It requests the Government to supply in its future reports, up-to-date and comparable data regarding the participation of men and women workers in the private and public sectors. In particular for the public sector, the Government is asked to supply statistics on the distribution of men and women employed in the various ministries and government bodies and in the various occupations.

6. Finally, the Committee wishes to draw the Government’s attention to the need to ensure that policies and programmes to promote the application of the Convention are not based on stereotypes concerning the roles and abilities of men and women with respect to work and family responsibilities. In this regard, the Committee notes with some concern the statement in the Government’s report that Qatari women are receiving increased attention in the area of vocational training in relation to their "nature and appropriate work". Elsewhere, the Government states that there has been notable progress in the recruitment of women in areas of work that are adapted to their "nature, availability and capabilities". The Committee wishes to remind the Government that stereotypes concerning the roles of men and women with respect to work and family responsibilities will often have a discriminatory effect on equality of opportunity and treatment. The Committee urges the Government to pursue inclusive training policies that do not limit the work opportunities of women according to their perceived nature, aptitude or potential but which encourage the widest range of opportunities.

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

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

1. With reference to its previous request for information regarding the prohibition of discrimination on the ground of political opinion, the Committee notes from the report of the Government that the Order of the Emir No. 111 of 1999 provides for the setting up of a committee for the drafting of a permanent Constitution which is to replace the temporary basic statutes currently in force. The Government had previously informed the Committee that the authorities were examining the possibility of establishing such a prohibition formally in a legal text, including in respect to employment and occupation. The Committee requests the Government to take the necessary steps to ensure that the future permanent Constitution gives full effect to the principles of the Convention, including the prohibition of discrimination on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin. The Government is asked to keep the Committee informed of the measures taken in this respect and hopes the Government will be able to report progress.

2. In respect of the implementation of the five-year plan (2001-05) for the training and qualification of secondary school and university graduates, the Committee notes the numbers of male and female graduates of the various educational levels needed by the labour market during the years of the plan. The Government is asked to indicate how these numbers are established in determining the sex of the persons needed by the labour market.

3. The Committee notes that the Government has sought the assistance of the ILO and other organizations in studying the situation of women in the Qatari labour market and to increase job opportunities for women. The Committee would appreciate receiving information on the progress and results achieved by these efforts, as well as follow-up thereto.

4. With respect to its previous comments on the follow-up to the 1997 Conference on "Women and the Labour Market", the Committee notes that the Government supplies information on three of the recommendations made by the Conference, which relate to the establishment of nurseries at the workplace, maternity leave and granting housing allowances to female heads of households independent from their marital status. The Committee notes that a committee has been established to examine the recommendations of the Conference and to refer them to the decision-making authorities. Noting the importance of taking effective measures to promote equality of women in the labour market, the Committee requests the Government to include in its next report information on the status of the implementation of these recommendations.

5. In response to the Committee’s previous request concerning the jobs from which women are formally banned, the Government has informed the Committee that, while under the current Labour Code women are not excluded from any particular jobs, the new Labour Code will include a provision prohibiting the employment of women in tasks that endanger their health and morals. With reference to any prohibitions adopted, the Committee is of the view that any prohibitions should be limited and justified with the aim of protection, such as protection of pregnant and nursing women. They should be adopted in light of the principle of equality of opportunity and treatment. The Committee hopes that the Government will take these considerations into account and will report on the provisions adopted.

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

1. The Committee notes the report of the Government and the attached documentation. The Committee also notes the new communication from the International Confederation of Arab Trade Unions (ICATU), which has been sent to the Government on 9 April 2001 for comment. ICATU alleges the existence of flagrant inequalities between men and women and on the basis of sex, race, religion and nationality. In the absence of a reply by the Government, the Committee recalls its previous requests to the Government related to the necessity of declaring a national policy designed to promote equality of opportunity and treatment in employment and occupation, with a view to the elimination of any discrimination. While the absence of discriminatory laws and administrative measures may be considered as elements of a national policy, it is not sufficient in itself to constitute such a policy as prescribed under Articles 2 and 3 of the Convention. A national equality policy necessarily includes the adoption and implementation of proactive measures and policies aimed at promotion of equality in employment and occupation in respect of all the grounds listed in the Convention. Noting that the Government is referring to a new Labour Code, the Committee hopes that the Code will fully reflect the principles and objectives of the Convention, and requests the Government to provide a copy as soon as possible.

2. Discrimination on the grounds of sex. With reference to its previous comments, the Committee notes with interest that Act No. 1 of 2001, on the promulgation of the Public Service Act, repeals section 82 of that Act, which authorized the authorities to terminate the employment contracts of nurses as from the fifth month of their pregnancy. The Committee requests the Government to provide information on the impact of this change in law on the employment of female nurses.

3. The Committee welcomes the information provided by the Government on the status of women in education and training, as well as their participation in the labour market. The information continues to show the participation of women in vocational training programmes, and in some instances the Committee notes that their participation is increasing. For example, the percentage of women students at the Institute for Administrative Development has increased between 1997 and 2001, from 26 per cent to 42 per cent. The Committee notes the distribution of men and women in the various training programmes reveals that some specializations are only or mainly pursued by women (applied chemistry and biology, computer information technology, geographic information systems, administrative information systems, nursing, office and secretarial work), while in other fields only men are represented (electro-mechanics, communications, technology of construction, land surveying and management, health monitoring and petroleum). The Committee asks the Government to continue to provide information on the distribution of men and women in the programmes provided by the various training and education institutions at all levels, including the technical college recently established. Noting the concentration of women in specific fields, the Committee requests the Government to take measures to promote equal access of men and women to all areas of training and education, according to their own choice, including through promotional activities and adequate vocational guidance, and to keep the Committee informed in this respect. The Committee also hopes the Government will adopt policies and measures to address the existing occupational segregation and the lack of women in management training programmes.

4. With reference to the participation of men and women in the labour market, according to sectors and occupational groups, the Committee notes the examples given by the Government for increasing public employment of women outside the fields of education and health in response to the Committee’s previous comments. In this respect, it notes that the participation of women in various ministries has increased from 1999 to 2000, including municipal affairs (0.9 per cent), justice (6.5 per cent) and foreign affairs (0.2 per cent). While noting these slight improvements in employment levels of women in ministries, the Committee notes that the overall level of female participation in government employment remains generally low, with the highest participation in education and health. The Committee also notes that as of 31 December 1999, out of 14,919 persons employed in the public service (Qataris and non-Qataris), 3,589 were women (836 Qataris and 2,753 non-Qataris). Noting that in this sector only three Qatari women fall into the occupational group of legislators, senior officials and managers (out of the 255 persons falling in that category), the Committee observes that women are de facto excluded from this category. In the group of specialists, out of the 1,167 female specialists (compared to 1,804 men), 260 were Qatari women. It hopes the Government will be able to report on measures taken to promote the equal participation of women in ministries and in the public service.

5. With respect to the mixed sector and the private sector (banking and insurance), the Committee notes the similar absence of women in the occupational group of senior officials and managers and a disproportionate representation of women among clerks. The Committee notes that the Government considers the implementation of the five-year plan (2001-05) for the training and qualification of secondary school and university graduates to result in raising the percentage of women’s participation in the overall labour force. Noting that among the jobseekers registered with the Labour Department of the Ministry of Civil Service Affairs and Housing in 2000, women with university and secondary education significantly outnumbered men at the same educational level, the Committee asks the Government to provide information on targeted measures taken to promote employment of female job-seekers with secondary and tertiary education. The Government is requested to continue to provide statistical information on men and women’s participation in the labour market and on measures taken or envisaged to effectively promote equality of treatment and opportunity with respect to employment and occupation in all sectors including women’s access to jobs at the management and decision-making levels.

6. Discrimination on the basis of race, colour, national extraction and religion. In the light of the comments made by ICATU, the Committee once again brings to the Government’s attention the importance of addressing all grounds of discrimination contained in the Convention. Noting that again no information in this respect was provided, the Committee, reiterating its previous request, urges the Government to indicate how protection against discrimination in employment and occupation on the basis of race, colour, national extraction and religion is ensured in law and in practice.

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

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

1.  The Committee asks the Government to provide information on the adoption of the public service bill mentioned in its previous report, which was to repeal section 82 of the Public Service Act which authorized the authorities to terminate the employment contracts of nurses as from the fifth month of their pregnancy. It would be grateful if the Government would inform it of the adoption of the above bill and provide a copy of the text as adopted.

2.  With regard to discrimination on the basis of political opinion, the Committee recalls that, in one of its previous reports, the Government stated that its authorities were examining the possibility of establishing formally in a legal text the prohibition against all discrimination based on political opinion, including in employment and occupation. Since in its report the Government makes no mention of this matter, the Committee again asks it to inform it of the opinion issued by the competent authorities on this point.

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

1.  The Committee notes the communication from the International Confederation of Arab Trade Unions (ICATU) and the Government’s reply to it. Noting that in its communication the ICATU alleges breach of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee draws attention to the fact that Qatar has not ratified Convention No. 87. Consequently, in examining the comments of the ICATU, it will consider only those that concern the application of Convention No. 111.

2.  The ICATU also refers to differences in the treatment of national workers and foreign workers as regards the content of their work contracts. Noting that the Government provides information on the treatment of foreign workers, the Committee points out that "nationality" is not one of the seven grounds of discrimination in employment and occupation formally prohibited by Convention No. 111 (namely race, colour, sex, religion, political opinion, national extraction and social origin) and that Qatar has ratified neither of the ILO Conventions on migrant workers. The Committee is therefore not in a position to express any opinion on this matter.

3.  In its communication the ICATU states that the Government is in breach of Convention No. 111 in that there is blatant discrimination in employment on grounds of gender, race, nationality and religion. The ICATU supplies no documentary information in support of its allegations but indicates that, since the efforts it has made at numerous International Labour Conferences and Arab Labour Conferences to convince the Government to change its attitude have borne no fruit, it has decided to call on the ILO’s supervisory machinery.

4.  In its observation on the ICATU communication, the Government states that labour law and regulations are free from all discrimination on grounds of sex, as are all other laws. The Government cites the legislation on education, health and social security as an example. The Government informs the Committee that it has just adopted a five‑year plan (2001-05) for the training and rehabilitation of secondary school, technical and university graduates so as to open up new employment opportunities for women and to encourage them to opt for training which is adapted to the needs of the labour market, in both the mixed and the private sectors. Throughout the five‑year plan period, 437 female university graduates and 388 secondary school graduates are to be trained for the private and mixed sectors and 200 female graduates of the technical college are to be trained to work in the government sector. The Government also places emphasis on the efforts made, with ILO technical assistance, to promote career and employment opportunities for Qatari women. Lastly, as regards foreign workers, the Government affirms that Qatar is an open country in which tens of thousands of foreign workers of different nationalities and religions live. The Committee observes that the information supplied by the Government is closely linked to the dialogue that has been ongoing between the former and the latter for a number of years. In the absence of more detailed information from the ICATU, the Committee is bound to return to the points raised in its previous comments.

5.  With regard to the adoption of the five‑year plan (2001-05), the Committee recalls that in its previous comments it already noted the relatively high number of women students registered at the Institute of Technology of the University of Qatar, and that it asked the Government to provide information on the distribution of men and women in the various types of programme provided by this Institute and also by the Occupational Training and Development Centre, the Secondary Technical School of Nursing, the Institute of Development Management and the Institute for Banking Training of Qatar, and, if possible, on the type of jobs taken up by men and women students at the end of the various courses. The Committee would therefore be grateful if the Government would provide the information requested and keep it informed of progress in the implementation of the abovementioned plan and of the results obtained.

6.  Regarding more specifically the employment of women, the Committee recalls that in its previous comments it noted that outside the fields of education and health, women’s participation in the labour market remained generally very low. It therefore suggested that the Government take specific steps to create conditions to encourage women to train for different occupations and professions - including occupations traditionally considered to be male - and to send a list of the jobs from which women are formally banned. It also requested a copy of the recommendations adopted by the conference on "Women and the Labour Market" held in Qatar in 1997, along with information on the implementation of those recommendations and the results obtained to date. It trusts that the Government’s next report will contain the information requested.

7.  Noting that by virtue of the Constitution equality of rights and duties among all citizens without discrimination on grounds of race, sex or religion is a fundamental principle of national policy, the Committee recalls that it is important that the Government should give its attention to all sources of discrimination envisaged by the Convention. It therefore asks the Government to indicate how protection against discrimination in employment and occupation on the basis of race, colour, national extraction and religion is ensured in law and in practice.

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

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information contained in the Government's report and also the statistics annexed thereto.

1. The Committee notes that the Government reiterates its statement that there is no discrimination in employment and occupation in practice or in law in Qatar. It requests the Government to refer to point 1 of its previous direct request and also to paragraphs 158, 159, 240 and 241 of its 1988 General Survey on equality in employment and occupation, that while affirmation of the principle of equality before the law, as well as the absence of laws or administrative measures explicitly instituting inequality may be considered as elements of a national policy to promote equality of opportunity and treatment in respect of employment and occupation, they are not sufficient, alone, to constitute a policy within the meaning of Article 2 of the Convention. The Committee wishes once again to emphasize the importance of formulating such a national policy -- above and beyond the affirmation of the principle of equality before the law enshrined in the Constitution.

2. The Committee notes the information contained in the Government's report regarding various occupational training and education programmes established by governmental and non-governmental institutions. It notes in particular the relatively high number of female students registered at the Institute of Technology of the University of Qatar, which is proposing technical training programmes aimed at answering to the needs of the development plans and programmes. It would be grateful if the Government would continue to supply information, with its next reports, regarding the distribution of men and women within the various types of programmes provided by this Institute and, if possible, on the number and types of employment taken up by the male and female students after their three years of study at the Institute. The Committee notes the other types of training proposed by the Occupational Training and Development Centre, the Secondary Technical School of Nursing, the Institute of Development Management, the Institute for Banking Training of Qatar, etc. It would be grateful if the Government would also supply statistical data concerning the participation levels of these courses by sex, and if possible by nationality (whether a national of Qatar, an Arab of another nationality or a non-Arab).

3. The Committee notes the statistical information regarding employment in the administration, in the public sector and also in the public/private sector, disaggregated by nationality and by sex, according to ministry, public undertaking and public/private undertaking. It notes that outside the fields of education and of health, the representation of women remains generally very low. The Committee therefore again reiterates the suggestion it had made in its previous comment, that the Government take concrete measures to create favourable conditions to encourage women to take up professional jobs in different professions and occupations, free from considerations based on sexist stereotypes, that is to say, including occupations traditionally considered as male. The Committee also reiterates its wish to receive precise information on the employment formerly prohibited to women, as well as a copy of the recommendations adopted by the Conference on "Women and the Labour Market" held in Qatar in 1997. It also requests information on the implementation of these recommendations as well as the results obtained.

4. The Committee notes that the Government's report contains no information on the Bill on the public service mentioned in the previous report, which was to repeal section 82 of the Public Service Act, authorizing the termination of the employment contract of nurses in the fifth month of their pregnancy. It again requests the Government to inform it when the draft text is adopted and to transmit a copy thereof.

5. Discrimination on the basis of political opinion. The Committee notes that the Government's report contains no information on the possibility of formally incorporating in a legal text the prohibition against all discrimination on the basis of political opinion, mentioned in its 1994 report. It again asks the Government to keep it informed of the opinion issued in this connection by the competent authorities.

6. Discrimination on the basis of national extraction. Noting that by virtue of the Constitution equality of rights and duties of all citizens without discrimination on the basis of race, sex and religion is a fundamental principle of national policy, the Committee requests the Government to indicate the manner in which protection against discrimination in employment on the basis of national extraction is guaranteed in law and in practice. It recalls that it is important for the Government to give its attention to all the sources of discrimination contemplated in the Convention.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes the Government's report and, in particular, the statements to the effect that there is no discrimination in employment and occupation in practice or in law in Qatar. In this respect, the Committee recalls paragraphs 240 and 241 of the General Survey on equality in employment and occupation of 1988 which states that it is difficult to accept such a statement in so far as the promotion of equality and opportunity of treatment does not aim at a stable situation that may be attained once and for all, but is rather a permanent process that no country, however developed it may be in that respect, can boast to have fully attained. The Committee has, in fact, noted that: (a) once rigorous action against discrimination in employment and occupation gets under way, the existence of problems will in practice be brought to the surface, thus opening the way for further progress; and also (b) when a country has succeeded in eliminating certain factors of discrimination, others may appear and create new difficulties. The Committee is therefore bound to draw the Government's attention to the fact that, while the absence of laws or administrative measures explicitly giving rise to inequalities can be considered as an indicator of the Government's will not to practice discrimination, it does not go far enough to satisfy the obligations of the Convention to eliminate all discrimination. Certain forms of discrimination do not, in the main, originate from a desire to discriminate or from legal provisions or rulings, but from behaviour patterns, attitudes and prejudices (based, for example, on race, national extraction, social origin or sex) which should be the subject of measures taken in applying the national policy. Hence, the importance of formulating a national policy of equality of opportunity and treatment in employment and occupation as set out in Article 2 of the Convention, in addition to the statement of the principle of equality laid down in the organic law of the State.

2. Discrimination on the basis of political opinion. The Committee recalls that, in its 1994 report, the Government had indicated that it was examining the question of incorporating in a legal text the prohibition against all discrimination based on political opinion, and again requests the Government to inform it of the opinion issued by the competent authorities on this point.

3. Discrimination on the basis of sex. The Committee notes that certain vocational training, because of its dangerous nature or the physical effort required, is restricted to men and that, according to the information received by the Committee, the training made available to women steers women towards careers in traditionally female sectors (typists, secretaries, office workers, accountants, etc.) and it requests the Government to provide a list of jobs which are strictly prohibited to women. The Committee recalls that vocational guidance and training assumes a role of fundamental importance in so far as it conditions the real opportunities of access to employment and occupation. It again requests the Government to indicate the measures taken or envisaged within the framework of its efforts to provide the same diversity of teaching for girls as for boys, to ensure that the bodies responsible for vocational guidance and training offer women a broad choice of professions which are not based on the stereotypes that restrict professions or occupations to members of one sex, in order to encourage a real policy of promoting equality of opportunity.

4. As regards the access of women to employment, the Committee notes that, in November 1996, a woman was appointed as Deputy Minister of Education and Culture and that four departments of the Ministry of Justice are managed by women jurists. The Committee noted that the statistics provided by the Government show a year-by-year increase in the number of women employees in various sectors of the economy, such as the medical services, teaching, commerce and administration, as well as the number of women students in technical faculties. The Committee, nevertheless, notes that this increase does not appear to include the legal profession and is compelled to reiterate the suggestion made in its previous comment, namely that the Government take concrete measures to create favourable conditions to encourage women to take up professional jobs, not only in the legal field, but in jobs which have traditionally been occupied by men. On a more general note, the Committee again wishes to draw the Government's attention to the need to formulate and promote, in an explicit and unequivocal manner, a real policy of non-discrimination for women in employment. Finally, the Committee requests the Government to provide it with a copy of the recommendations adopted at the Conference on women and the labour market held in Qatar in 1997, and to inform the Committee of the status of their application as well as the results obtained.

5. Finally, the Committee welcomes the fact that the Public Service Bill currently under discussion repeals section 82 of the Public Service Act, which authorized the termination of the employment contract of nurses in the fifth month of their pregnancy, and request the Government to inform it when the draft text is adopted in its definitive version and to provide the Committee with a copy of the text.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the Government's report in reply to its previous comments, and the tables attached.

1. Discrimination on the basis of political opinion. In a previous report, the Government stated that the question of enshrining in a legal text the prohibition of any discrimination in respect of employment and occupation on the basis of political opinion had been submitted for examination to the competent authorities. The Committee notes that the Government's most recent report does not give any information on the results of this consultation and states that there has been no new legislation relating to the application of the Convention. The Government affirms once again the non-discriminatory nature of the legislation. It cites section 7(2) of the Basic Act concerning the State under which the State guarantees all its citizens equal opportunities and the right to work through laws which ensure justice for all and which describes the non-discriminatory nature of appointments to posts in the civil service and of the employment placement services under the control of the Labour Administration. The Committee points out, however, that the constitutional provision cited is in the general nature of a declaration of principle and should be accompanied by legislative and regulatory texts laying down, in particular, the sanctions applicable for any infringement recorded. Administrative and practical measures should also be taken with a view to promoting application of the policy of equality of opportunity and treatment, in accordance with Article 2 of the Convention. The Committee would be grateful if the Government would communicate in its next report the results of the consultation on the question of adopting a legal text or other evidence of a national policy to prohibit any discrimination in respect of employment and occupation.

2. Discrimination on the basis of sex. With regard to access by women to the legal professions, which was raised in the previous direct request, the Committee notes the Government's statement that the legislation contains no obstacle in this regard. It also notes the indication that, firstly, female law students are few in number and, secondly, not all law students are necessarily destined for the legal professions. The Committee wishes to stress, however, to the Government the need to formulate, in an explicit and unequivocal manner, a non-discriminatory policy in this sphere and to implement specific incentives for female students to envisage greater diversification regarding the choice of their future occupation in order to promote changes in the practice, in accordance with the objectives of the Convention. The Committee noted furthermore, in previous comments, the growing and sometimes majority presence of women in various university branches. Noting the statement in the Government's report that it was concerned to encourage women's access to employment, it hopes that the Government will not fail to continue making efforts with a view to diversifying teaching for girls in the same way as for boys. The Committee requests it to supply in its next report information on all legislative, regulatory or administrative measures taken with a view to establishing favourable conditions to attract women to occupations in the judiciary and other traditionally male professions and occupations.

3. With regard to the authorization provided for in section 82 of the Act respecting the Public Service under which it is possible to terminate the employment of pregnant nurses at the fifth month of pregnancy, the Committee notes the Government's explanation stressing that this provision is optional and justifying it because it is intended to protect the interest of both patients and pregnant nurses. The Committee once again draws to the Government's attention the fact that such a measure is discriminatory within the meaning of the Convention, as was affirmed in its 1996 Special Survey on equality in employment and occupation (paragraph 38) in the following terms: "The discriminatory nature of distinctions based on pregnancy, confinement and related medical conditions is demonstrated by the fact that, by definition, they can only affect women." Consequently, the Committee cannot insist too strongly on the need to repeal section 82 of this Act as soon as possible with a view to putting an end to such a contradiction between legislation and the Convention. A text which is not discriminatory on the basis of sex would be one which takes into account the particular situation of pregnant nurses in regard to their health and that of the unborn child, and prescribes a temporary transfer of that person to a job more compatible with her state of pregnancy or a temporary lightening of her tasks. The Committee expresses once again the firm hope that the Government will indicate in its next report the legislative and practical measures adopted to eliminate the discrimination against nurses imposed by section 82.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the Government's report and the information it contains in reply to its comments.

1. The Committee recalls that in its previous direct request it pointed out that no laws or regulations ensured protection against discrimination on ground of political opinion, but that the Government was examining the possibility of adopting a provision expressly prohibiting discrimination on the basis of political opinion. Since the Government indicates that no new legislation has been promulgated and provides no information on the manner in which it ensures the application of the principle of non-discrimination in respect of political opinion, the Committee would be grateful if the Government would supply information, in its next report, on the measures taken or contemplated in this area.

2. With regard to access to employment in the judiciary without discrimination on grounds of sex or religion, the Committee regrets that the Government has not supplied the information requested. It recalls that, in its previous report, the Government indicated that three women nationals of Qatar were currently employed as legal advisers in the Ministry of Justice, but not as magistrates. In view of the fact that under the legislation in force, the requirements for access to the various posts in the judiciary relate largely to qualifications and experience, the Committee again asks the Government to indicate the measures taken or under consideration to promote the access of women to the judiciary.

The Committee draws the Government's attention to Article 2 of the Convention which provides that a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation must be declared and pursued, particularly with regard to jobs under its control. Consequently, it is for the Government to adopt measures that will encourage the application of the principles of the Convention, particularly by implementing affirmative action programmes. The Committee asks the Government to indicate any measures taken to ensure that such a policy is accepted and applied, in accordance with Article 3(b), particularly educational programmes to promote this policy.

3. Further to its comments concerning section 82 of the Act respecting the public service under which it is possible "to terminate the employment contract of pregnant nurses at the fifth month of pregnancy and even before the date of expiry of the contract if the interests of work so require", the Committee notes the Government's statement that this subject is dealt with in a Bill being examined by the Legislative Committee of the Ministry of Justice. It hopes that, in its next report, the Government will be able to indicate the legislative and practical measures adopted to eliminate the discrimination against nurses pursuant to section 82 of the above-mentioned Act.

4. The Committee notes the statistics on the distribution of men and women in the various jobs and occupations of the public sector and the private sector for 1991, 1992 and 1993. The Government stresses that there are no legislative or administrative restrictions on the promotion of women's employment and their access to high-level jobs. The Committee notes that although trends in the employment of women in Qatar are substantially the same as those for men, women are absent from many professions and sectors. The Committee also notes that examples of women with high-level posts in the teaching sector and certain social and health services are cited in the report and that there are more women than men in these sectors. Similarly, the percentage of women is rising in the technology faculty, created in 1990, and in medicine, where it even exceeds that of men.

5. The Committee recalls that certain schools and training institutions are reserved for male students owing to religious and social traditions which prohibit mixed education. Referring to its comments on affirmative action programmes, under point 2 above, the Committee asks the Government to indicate the measures planned to ensure that teaching and vocational training programmes do not direct women solely towards "women's" jobs, but also give them access to jobs which are performed traditionally by men.

The Committee also asks the Government to indicate the measures envisaged to encourage the access of women to occupations where they are as yet absent or poorly represented. It asks the Government to continue to keep it informed of the advancement of women in employment and particular occupations, and, in particular, to send with its future reports all available statistics on the distribution of male and female workers.

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

The Committee notes the information supplied by the Government in its report.

1. With regard to discrimination based on political opinion, which is not covered by the safeguards set out in the provisional Constitution, as amended, the Committee notes that the Government is examining the possibility of setting forth the practice of non-discrimination in an explicit provision prohibiting any discrimination on the basis of political opinion, and that the Committee's request has been forwarded to the competent services to that effect. It requests the Government to supply information on developments in this respect in its next report.

2. With regard to access to employment in the judiciary without discrimination on the basis of sex or religion, the Committee notes that three women who are nationals of Qatar are currently employed as legal advisers in the Ministry of Justice, but that no women have been appointed as magistrates. Despite the fact that, under the terms of the legislation which is in force, the conditions of access to the various positions in the judiciary are principally related to qualifications and experience, the Committee notes that there are still no women in this profession. The Committee therefore requests the Government to indicate the measures which have been taken or are envisaged to promote the access of women to this profession.

3. The Committee recalls that, by virtue of section 82 of the Act respecting the public service, "it is possible to terminate the employment contract of pregnant nurses at the fifth month of pregnancy and even before the date of expiry of the contract if the interests of work so require". The Committee notes the Government's statement that the above termination is optional and is only intended to protect the interests of patients. The Committee recalls that, in paragraph 41 of its 1988 General Survey on Equality in Employment and Occupation, it emphasized the discriminatory nature of distinctions made on the basis of pregnancy and confinement due to the fact that they can only affect women. The Committee notes that its comments on this subject have been forwarded for examination by the Cabinet of the Public Service. It hopes that the Government will take the necessary measures to eliminate the discrimination that is made against nurses under section 82 of the above Act. It requests the Government to supply information on this subject in its next report.

4. The Committee notes the statistics for 1991 on the distribution of men and women workers in the various jobs and occupations in the public service and the private sector. The Government emphasizes that the number of women remains well below that of men, but that women are increasingly represented in the various occupations and sectors of the economy. The Committee notes in particular that there are no women or very few women in positions of responsibility and managerial posts. It requests the Government to indicate the measures which have been taken or are envisaged to promote the access of women to such jobs, and the promotion possibilities which are available to them.

The Committee noted previously that women now work in certain sections of the police forces, in the airport and in the banking sector and that the technology faculty established in 1990 provides an opportunity for women to specialize in fields such as electronics, accounting and chemical, physical and biological laboratory work. The Committee once again requests the Government to indicate in its next report the jobs in which women are employed in these sectors and their number in relation to men.

5. The Committee recalls that certain schools and training institutions are still reserved for male students due to religious and social traditions which prohibit mixed teaching. It takes due note of the efforts referred to by the Government to open certain vocational training programmes to women and to develop human resources at the national level and raise the level of instruction and vocational skills. The Committee would be grateful if the Government would supply information on the results achieved in practice by these measures. It also requests the Government to indicate the specific measures which have been adopted or are envisaged to ensure equality between men and women in respect of vocational training and access to all types of employment and to ensure that teaching and vocational training programmes do not orient women solely towards "women's" jobs, but also give them access to jobs which are traditionally performed by men.

6. The Committee recalls that, by virtue of Article 2 of the Convention, a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation shall be declared and pursued. It requests the Government to supply information on any measure taken in this respect, as well as on any education programmes calculated to secure the acceptance and observance of the policy, in accordance with Article 3(b).

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

The Committee notes that 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:

1. With regard to protection against discrimination on the basis of political opinion, the Government indicates that the employment services of the Ministry of Labour for the private sector and the committee responsible for the assignment of graduates to public sector jobs take no account of political opinion. Similarly no restriction based on this criterion is made when allocating study grants, educational leave and training courses for officials, who are governed by Act No. 9 of 1976.

The Committee takes due note of this information. It hopes that the Government will be able to take the appropriate measures to enshrine the above practice in an explicit legal provision prohibiting any discrimination on the basis of political opinion.

2. With regard to access to employment in the judiciary, without discrimination on the basis of sex or religion, the Committee notes that section 19 of Act No. 8 of 1985, to amend certain provisions of Act No. 13 of 1971 on judicial courts, establishes the conditions for access to the various judicial positions and relates fundamentally to qualifications and experience without any discrimination. (The Committee would also be grateful if the Government would supply the text of Act No. 13 of 1971.) It also notes the Government's statement that all citizens profess the same religion, namely Islam, and that several women nationals of Qatar currently occupy judicial positions in the Ministry of Justice. The Committee once again requests the Government to indicate the number of women and the positions that they occupy in the judiciary.

3. The Committee notes the Act respecting the public service, which was supplied previously by the Government. It notes that under the terms of section 82 of the Act, "it is possible to terminate the employment contract of pregnant nurses at the fifth month of pregnancy and even before the date of expiry of the contract if the interests of work so require". The Committee refers in this connection to paragraph 41 of its 1988 General Survey on Equality in Employment and Occupation in which it emphasized the discriminatory nature of distinctions made on the basis of pregnancy and confinement due to the fact that they can only affect women. The Committee hopes that the Government will take the necessary measures to eliminate the discrimination that is made against nurses under section 82 of the above Act. It requests the Government to supply information on this subject in its next report.

4. With regard to the access of men and women to vocational training, jobs and various occupations, the Committee notes the Government's statement that the social services sector not only employs the great majority of women who work but also the majority of men, since 68 per cent of Qatar nationals in the active population were employed in that sector in 1986.

The Committee also notes with interest that, according to the Government's report, women now work in certain sections of the police, at the airport and in the banking sector and that the technology university established in 1990 provides women with the opportunity to specialize in fields such as electronics, accountancy and chemistry, physics and biology laboratories. The Committee requests the Government to indicate in its next report the categories of jobs in which women are employed in these sectors and their number in relation to men.

In this connection, the Committee recalls the information provided previously by the Government that certain schools and training institutions are still reserved for male students due to religious and social traditions which do not permit mixed teaching. It requests the Government to continue supplying information on the measures that have been taken or are envisaged in order to ensure equality between men and women in respect of vocational training and access to all types of employment and to ensure that educational and vocational training programmes do not lead women only into "women's" jobs.

5. Furthermore, the Committee requests the Government to supply information on appeals that have been brought in the fields covered by the Convention before the Ministry of Labour, Social Affairs and Housing which is the competent authority to receive complaints, and on the cases that were transmitted or brought directly before the labour court (number and nature of the complaints).

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

Further to its previous comments, the Committee notes the information supplied by the Government in its report.

1. With regard to protection against discrimination on the basis of political opinion, the Government indicates that the employment services of the Ministry of Labour for the private sector and the committee responsible for the assignment of graduates to public sector jobs take no account of political opinion. Similarly no restriction based on this criterion is made when allocating study grants, educational leave and training courses for officials, who are governed by Act No. 9 of 1976.

The Committee takes due note of this information. It hopes that the Government will be able to take the appropriate measures to enshrine the above practice in an explicit legal provision prohibiting any discrimination on the basis of political opinion.

2. With regard to access to employment in the judiciary, without discrimination on the basis of sex or religion, the Committee notes that section 19 of Act No. 8 of 1985, to amend certain provisions of Act No. 13 of 1971 on judicial courts, establishes the conditions for access to the various judicial positions and relates fundamentally to qualifications and experience without any discrimination. (The Committee would also be grateful if the Government would supply the text of Act No. 13 of 1971.) It also notes the Government's statement that all citizens profess the same religion, namely Islam, and that several women nationals of Qatar currently occupy judicial positions in the Ministry of Justice. The Committee once again requests the Government to indicate the number of women and the positions that they occupy in the judiciary.

3. The Committee notes the Act respecting the civil public service, which was supplied previously by the Government. It notes that under the terms of section 82 of the Act, "it is possible to terminate the employment contract of pregnant nurses at the fifth month of pregnancy and even before the date of expiry of the contract if the interests of work so require". The Committee refers in this connection to paragraph 41 of its 1988 General Survey on Equality in Employment and Occupation in which it emphasised the discriminatory nature of distinctions made on the basis of pregnancy and confinement due to the fact that they can only affect women. The Committee hopes that the Government will take the necessary measures to eliminate the discrimination that is made against nurses under section 82 of the above Act. It requests the Government to supply information on this subject in its next report.

4. With regard to the access of men and women to vocational training, jobs and various occupations, the Committee notes the Government's statement that the social services sector not only employs the great majority of women who work but also the majority of men, since 68 per cent of Qatar nationals in the active population were employed in that sector in 1986.

The Committee also notes with interest that, according to the Government's report, women now work in certain sections of the police, at the airport and in the banking sector and that the technology university established in 1990 provides women with the opportunity to specialise in fields such as electronics, accountancy and chemistry, physics and biology laboratories. The Committee requests the Government to indicate in its next report the categories of jobs in which women are employed in these sectors and their number in relation to men.

In this connection, the Committee recalls the information provided previously by the Government that certain schools and training institutions are still reserved for male students due to religious and social traditions which do not permit mixed teaching. It requests the Government to continue supplying information on the measures that have been taken or are envisaged in order to ensure equality between men and women in respect of vocational training and access to all types of employment and to ensure that educational and vocational training programmes do not lead women only into "women's" jobs.

5. Furthermore, the Committee requests the Government to supply information on appeals that have been brought in the fields covered by the Convention before the Ministry of Labour, Social Affairs and Housing which is the competent authority to receive complaints, and on the cases that were transmitted or brought directly before the labour court (number and nature of the complaints).

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. In previous requests, the Committee noted the Government's reference to the Provisional Fundamental Law, as amended, which provides in section 9 that all persons shall enjoy public rights and shall be subject to equal public duties without distinction on grounds of race, sex or religion. The Committee asked the Government to indicate the measures taken or contemplated in order to implement a national policy with a view to ensuring equality of opportunity and treatment in employment and occupation and eliminating any discrimination not only on the grounds of race, sex or religion but also on the grounds of national extraction, social origin and political opinion, in accordance with Article 1(a) of the Convention.

The Government's most recent report states that no discrimination exists whatsoever as regards access to occupations. The Government adds details regarding the treatment of foreign workers in Qatar.

The Committee takes due note of these indications. It requests the Government to indicate in its next report also any provisions adopted to protect equality of opportunity and treatment in employment and occupation irrespective of political opinion.

2. The Committee requests the Government to indicate the measures taken to ensure that access to employment in the judiciary is guaranteed without discrimination on grounds of sex or religion, and to provide information on the effect of such measures, stating the number and capacity of women and members of religious minorities who exercise judicial functions.

3. Furthermore, the Committee refers to paragraphs 15 and 240 of its 1988 General Survey on Equality of Opportunity in Employment, where it pointed out the positive and continuous nature of the measures to be taken in pursuance of the national policy under Articles 2 and 3 of the Convention and the need for detailed information on the various aspects of this continuous action. The Committee requests again the Government to supply in its next report information on all steps taken for the effective promotion of equality of opportunity and treatment irrespective of sex, religion, political opinion, national extraction or social origin and on the results secured with regard to:

(a)access to vocational training;

(b)access to employment and to particular occupations;

(c)terms and conditions of employment.

In this connection, the Government is more particularly requested to indicate the measures taken to promote equality of opportunity and treatment:

(i)in employment, vocational training and occupational guidance under a national authority;

(ii)through legislation and educational programmes;

(iii)in co-operation with employers' and workers' organisations and other appropriate bodies.

4. With regard to access of men and women to vocational training, the Government indicates in its most recent report that training, whether provided in a training centre or in the field, is available to all without discrimination. The Government indicated in its previous report that access to institutions such as the Public Administration Institute, the Regional Training Centre, the Agricultural Training School and the Industrial Training School, to secondary commercial schools and the Institute for Public Health Inspectors is reserved for male students. The Government reiterates in its most recent report that this segregation, a result of religious and social traditions which do not permit mixed teaching, does not mean that women are excluded from vocational training: training, at single-sex schools, is available to both sexes at all levels and consistent with principles of equality. The Government indicates that certain trades do not attract women, such as carpentry, metal forging and building maintenance, but that training centres which provide women with training do exist under the jurisdiction of the Ministry of Labour and the Health Training Institute. Training in typing, secretarial and computer skills are provided by the Association of the Red Cross of Quatar, Women's Branch and other private centres. Furthermore, the whole national education system is organised on the same basis since there are schools that are open exclusively to boys and others which are only for girls.

With respect to training for health inspectors, the Ministry of Public Health responds that reserving training to men only should not be considered an indication of discrimination against women as it is a result not of law or administrative rules, but of custom that the post of health inspector is occupied by men, because the conditions of work are harsh. In response to the Committee's request for information on the entry of women to other employment sectors, the Government indicates that teaching remains the principal occupation of women. Women have begun to work in other sectors, including the medical professions, radio, television and other media, the postal service and social training. They also occupy administrative and secretarial jobs in industrial and commercial undertakings.

The Committee refers to paragraphs 78, 82 and 97 of its 1988 General Survey on Equality in Employment and Occupation, which discuss the difficulties posed for a policy of equality in employment and occupation by general education and vocational training programmes segregated by sex, and assumptions about which jobs are more appropriately performed by men rather than women. Having noted with interest previously the Government's indication that the Ministry of Education is reviewing the possibility of teaching commercial subjects in girls' schools and other similar efforts, the Committee notes in statistics provided by the Government the participation of the vast majority of active women in the social service sector. The Committee asks what further measures have been taken to ensure equality in vocational training and access to all types of jobs and that educational and vocational training programmes do not lead women only into "women's" jobs.