Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

Convention (n° 29) sur le travail forcé, 1930 - Qatar (Ratification: 1998)

Also referring to its observation, the Committee notes the Government’s reports and requests it to provide information on the following points.

1. Right of public officials to resign. The Committee notes sections 78 and 79 of Law No. 9 of 1967 respecting the public service, which governs the resignation of public officials (provided by the Government with its first report). Under the terms of section 79, officials may not leave their work until their resignation has been accepted by the competent authorities. It also notes section 78, under which resignation is deemed to be accepted where the authority does not decide upon its refusal or acceptance within a period of 30 days. In this respect, the Committee notes that the authority may decide to postpone the resignation where reasons related to the work so require, or where the official is subject to a disciplinary procedure. The Committee also notes that officials who are in breach of their duties, particularly if they stop working before receiving acceptance of their resignation, may be liable to the disciplinary penalties envisaged in sections 62 and 64 of Law No. 9 of 1967.

The Committee draws attention to paragraphs 67 and 68 of its 1979 General Survey on the abolition of forced labour, in which the Committee indicated that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length, is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention. In this respect, the Committee also recalls that the above Laws, which make it possible to retain workers in their employment, are in conformity with the Convention only where they are necessary to cope with cases of emergency, within the meaning of Article 2, paragraph 2, of the Convention.

The Committee requests the Government to provide more detailed information on the reasons for which a resignation may be postponed, and to supply copies of judicial decisions handed down under section 79 of the Law respecting the public service.

The Committee also notes the information contained in the Government’s latest report to the effect that Law No. 1 of 2001, respecting the public service, has been enacted with implementing regulations No. 13 of 2001. This legislation establishes the right of employees bound by a contract to the administration to bring an end to their contract without being obliged to provide reasons, providing that the administration is informed thereof at least 30 days in advance (section 4 of the model contract annexed to the Law). The Committee requests the Government to provide a copy of the Law and its implementing regulations.

2. The Committee requests the Government to provide copies of the legislative texts relating to the defence of the internal and external security of the State (and particularly the provisions respecting military service), the state of emergency, as well as the provisions implementing the prison regulations, the Code of Penal Procedure and the legislative texts regulating begging and vagrancy.

3. The Committee notes the information provided by the Government in reply to its general observation of 2000. It notes in particular:

-  sections 193 to 196 of the Penal Code No. 14 of 1971, which make any person imposing forced labour on another person, or importing, exporting, selling or owning a person or acting as an owner, or exploiting a person for the purposes of prostitution, liable to sentences of imprisonment of up to ten years;

-  sections 204 to 207, repressing the exploitation of third persons for the purposes of prostitution;

-  sections 183 and 184 of the Penal Code, intended to protect victims and witnesses against any threats;

-  the agreement of the Council of Ministers at its meeting on 17 July 2002 on the principle of establishing a National Human Rights Commission, the objectives of which would include collaborating with regional and international organizations, as well as with national organizations working on the issue of human rights and freedoms. The Committee notes in this respect that the decision to establish the above Commission will be forwarded to the ILO, once it has been enacted.

4. The Committee also notes the information contained in the Government’s latest report, to the effect that a new Labour Code and Penal Code are under preparation. It hopes that copies of these Codes will be provided to the Office once they have been adopted.