United States Department of State, 2011 Country Reports on Human Rights Practices - Qatar, 24 May 2012, available at: http://www.unhcr.org/refworld/docid/4fc75a6ec.html [accessed 5 January 2013]
2011 Country Reports on Human Rights Practices - Qatar
EXECUTIVE SUMMARY
Qatar is a constitutional monarchy in which Emir Sheikh Hamad bin
Khalifa al-Thani exercises full executive power. The population is
approximately 1.76 million, of whom approximately 250,000 are citizens.
The 2005 constitution provides for hereditary rule by the Emir's male
branch of the al-Thani family. Sharia (Islamic law) is a primary source
of legislation. Security forces reported to civilian authorities.
The principal human rights problems were the inability of citizens to
peacefully change their government, restriction of fundamental civil
liberties, and pervasive denial of workers' rights. Despite the
constitution's establishment of the right of association, the
monarch-appointed government prohibited organized political life and
restricted civil liberties, including freedoms of speech, press, and
assembly and access to a fair trial for persons held under the
Protection of Society Law and Combating Terrorism Law.
Other continuing human rights concerns included restrictions on
freedom of religion and movement, as foreign laborers could not freely
travel abroad. Trafficking in persons, primarily in the labor and
domestic worker sectors, was a problem. Legal, institutional, and
cultural discrimination against women limited their participation in
society. The unresolved legal status of "Bidoons" (stateless persons
with residency ties) resulted in social discrimination against these
noncitizens.
The government took steps to prosecute those who committed abuses, and there were no cases of impunity reported.
Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary or Unlawful Deprivation of Life
There were no reports that the government or its agents committed arbitrary or unlawful killings.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution and law prohibit such practices, and there were no
reports that government officials employed them. The government
conducted training for law enforcement and military personnel that
focused on the prohibition of torture.
The government interprets Sharia as allowing corporal punishment for
certain criminal offenses. Courts ordered flogging prescribed by
interpretation of Sharia in cases of alcohol consumption and
extramarital sex by Muslims. On appeal the court typically reduced this
sentence to imprisonment or fine. Authorities reportedly did not carry
out corporal punishment during the year.
Prison and Detention Center Conditions
Prisons and detention centers generally meet international standards,
including clean sanitation facilities and potable water. Prisoners and
detainees generally had access to visitors, although prison officials
limited access to family and legal counsel at the state security prison.
According to past reports of detainees at the state security prison and
visits by the National Human Rights Committee (NHRC) chairman,
"security" prisoners did not face significantly different conditions
from those of the general population. Authorities allowed prisoners and
detainees to submit complaints to judicial and administrative
authorities without censorship and to request investigation of credible
allegations of inhumane treatment. According to authorities they
investigated allegations, but the results were not public.
The government permits monitoring visits in accordance with the
standard modalities to all facilities except the state security prison
by independent human rights observers and international bodies. The last
reported visit by an international human rights organization to a
Qatari detention center was by the International Red Cross to the
Deportation Detention Center (DDC) in July. The government occasionally
provided embassies access to state security prisoners at separate
locations. The government-appointed NHRC conducted regular visits to all
facilities. Ombudsmen cannot serve on behalf of prisoners and
detainees.
There were approximately 600-700 prisoners at the Central Prison, the
principal facility for convicted criminals, and 500 detainees awaiting
trial in various detention centers throughout the country. The NHRC
reported that the DDC held an estimated 1,100 male and 300 female
detainees. Separate facilities exist for men and women, pretrial
detainees and convicted prisoners, and juveniles and adults. The
Ministry of Social Affairs has authority over juvenile detainees and
held them separately under the supervision of a social worker. There was
an average of only five or six juveniles held at any given time.
Conditions for women prisoners were the same as those for men. In
certain cases, fines, community service, and probation are used for
nonviolent offenders in lieu of prison sentences. There were no reported
efforts to improve record-keeping in the prison system.
d. Arbitrary Arrest or Detention
The constitution prohibits arbitrary arrest and detention, and the
government generally observed these prohibitions. Authorities may detain
individuals in the state security prison for indefinite periods under
the Protection of Society and Combating Terrorism Law. Processing speed
for deportations increased for most DDC detainees during the year, with
the period of detention ranging from two days to two months. On July 12,
the government announced a limit of two months' detention for all DDC
detainees except those facing additional criminal charges.
Role of the Police and Security Apparatus
Civilian authorities maintained effective control over the police
under the Ministry of Interior and state security forces, and the
government employed effective mechanisms to investigate and punish abuse
and corruption. There were no reports of impunity involving the
security forces during the year.
Arrest Procedures and Treatment While in Detention
Criminal law requires that persons be apprehended openly with
warrants based on sufficient evidence and issued by a duly authorized
official, be charged within 24 hours, and be brought before a court
without undue delay. Authorities generally respected this in practice
for criminal law cases. The state security service can arrest and detain
suspects for up to 30 days without referring them to the public
prosecutor.
However, the Protection of Society Law and Combating Terrorism Law
provide exceptional procedures that permit detention without charge for
as long as 15 days, renewable for up to six months. The Protection of
Society Law permits an additional six months' detention without charge
with approval of the prime minister, who can extend the detention
indefinitely in cases of threats to national security. This law empowers
the minister of interior to detain persons suspected of crimes related
to national security, honor, or impudence. Decisions under this law are
subject to appeal by the prime minister only. Although generally unused,
a provision of this law permits the prime minister to adjudicate
complaints against these detentions. The Combating Terrorism Law permits
a second six-month period of detention with approval from the Criminal
Court, which can extend the detention indefinitely with review every six
months.
In most cases a judge may order a suspect released, remanded to
custody to await trial, held in pretrial detention pending
investigation, or released on bail. Although suspects are entitled to
bail (except in cases of violent crimes), it was used infrequently in
practice. Authorities were more likely to grant citizens bail than
noncitizens. Noncitizens charged with minor crimes may be released to
their citizen sponsor, although they cannot leave the country until the
case is resolved.
The accused is entitled to legal representation throughout the
process and prompt access to family members in non-security cases. There
are provisions for state-funded legal counsel for indigent prisoners in
criminal cases, and this requirement was generally honored in practice.
Authorities generally afforded suspects detained under the Protection
of Society Law and Combating Terrorism Law access to counsel but delayed
access to family members.
All suspects except those detained under the Protection of Society
Law or the Combating Terrorism Law must be presented before the Public
Prosecutor within 24 hours of arrest. If the Public Prosecutor finds
sufficient evidence for further investigation, a suspect can be detained
for up to 16 days before charges must be filed in the courts. Judges
may also extend pretrial detention for one month, extendable by one
month at a time up to six months, to provide authorities additional time
to conduct investigations.
Arbitrary Arrest: The law prohibits arbitrary arrest and
detention and, with few exceptions, the government observed these
prohibitions. There were reports of individuals detained without formal
charges by security agencies on allegations of terrorist financing as
stipulated by the Counter-Terrorism Law.
Pretrial Detention: With few exceptions, nearly all
suspected criminals go to trial within a month of arrest. The Permanent
Committee on Examining the Conditions of Inmates at the DDC is charged
with reviewing and acting on the cases of those in custody for two
months or longer.
Amnesty: During Ramadan and on Qatar's National Day, the
Emir granted amnesty to 140 prisoners, including 37 citizens and 103
noncitizens. Unlike in previous years, there were no reports that the
Emir pardoned prisoners on National Human Rights Day.
e. Denial of Fair Public Trial
Although the constitution provides for an independent judiciary,
the
Emir, based on the recommendation of the Supreme Judicial Council,
appoints all judges, who hold their positions at his discretion.
Approximately 75 percent of the judges were foreign nationals dependent
on residency permits. During the year there were no reports of influence
or corruption in the courts. Suspects held in pre-trial detention under
the Protection of Society Law and Combating Terrorism Law had limited
access to the legal system, including a fair trial.
Trial Procedures
The law provides for the right to a fair trial for all citizens, and
the judiciary generally enforced this right, except for suspects held
under the Protection of Society Law and Combating Terrorism Law.
The law provides defendants the presumption of innocence. Trials are
by jury and open to the public, but the presiding judge can close the
courtroom to the public if he deems the case to be sensitive.
Defendants are entitled to legal representation at public expense
throughout the pretrial and trial process. In matters involving family
law, Shia and Sunni judges may apply their interpretations of Sharia for
their groups. There were 164 Sunni judges, in addition to one Shia
judge for the small Shia population.
Defense attorneys have access to government-held evidence relevant to
their cases, once the case has been filed in the court. Defendants have
the right to confront and question witnesses against them and to
present witnesses and evidence on their own behalf. Defendants have the
right of appeal within 15 days of a decision, and use of the appellate
process was common in practice.
The high fee for appealing to the Court of Cassation in practice
restricted the right to appeal. In some cases the courts waived the
appellate fees if the appellant demonstrated financial hardship.
Political Prisoners and Detainees
There were no reports of political prisoners or detainees.
Civil Judicial Procedures and Remedies
There are civil remedies available for those seeking damages for, or
cessation of, human rights violations, but there were no cases reported
during the year. The law specifies circumstances that necessitate a
judge's removal from a case for conflict of interest, and these laws
were observed in practice.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The constitution and the criminal procedures code prohibit such
actions, and the government generally respected these prohibitions in
practice; however, police and security forces reportedly monitored
telephone calls and e-mails.
The government prohibits membership in
political organizations.
Citizens must obtain government permission, which was generally
granted, to marry foreigners. Male citizens may apply for residency
permits and citizenship for their foreign wives, but female citizens can
apply only for residency for their foreign husbands, not citizenship.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Status of Freedom of Speech and Press
The constitution provides for freedom of speech and press in
accordance with the law, but the government limited these rights in
practice.
Freedom of Speech: Citizens individually discussed sensitive
political and religious issues, but not in public forums or as part of
political associations, which do not exist. Members of the much larger
foreign population did not express themselves publicly on sensitive
topics. During the year the government-supported Qatar Foundation
continued to fund the "Doha Debates," a series of public debates
broadcast by the BBC featuring citizens and noncitizens speaking about
international (but not domestic) topics, such as whether NATO or Arabs
should deal with Libya and whether the Arab revolutions will produce
different dictators.
Freedom of Press: The law provides for restrictive
procedures on the establishment of newspapers, closure, and confiscation
of assets of a publication. It also criminalizes libel and slander,
including injury to dignity. All print media were owned by members of
the ruling family or proprietors who enjoyed close ties to government
officials. There were no independent broadcast media, and state-owned
television and radio reflected government views. The government owned
the Doha-based, Arabic-language al-Jazeera satellite television network,
which carried international news and local news with an international
component. Although al-Jazeera management and the government claimed
that the channel was free of government influence, the government funded
it, controlled content, and hired and fired the management.
Violence and Harassment: In at least one case, the
authorities contacted a reporter with a warning after the reporter
published an article critical of the government.
Censorship or Content Restrictions: Journalists and
publishers continued to self-censor due to political and economic
pressures when reporting on government policies or material deemed
hostile to Islam, the ruling family, and relations with neighboring
states. The Qatar Radio and Television Corporation and customs officials
censored material. There were no specific reports of political
censorship of foreign broadcast news media or foreign programs. The
government reviewed and censored foreign newspapers, magazines, and
books for objectionable sexual, religious, and political content. Local
news vendors reported that Egyptian newspapers, such as al-Ahram, "were critical of Qatar and were occasionally censored or not allowed in the country."
Internet Freedom
The Ministry of Culture restricted the peaceful expression of views
via the Internet and censored the Internet for political, religious, and
pornographic content through a proxy server, which monitored and
blocked Web sites, e-mail, and chat rooms through the state-owned
Internet service provider. For example, the government blocked access to
the popular blog "Ikhbareya," which at times published articles
critical of the government. A user who believed a site was mistakenly
censored could submit the Web address to have the site reviewed for
suitability; there were no reports that any Web sites were unblocked
based on this procedure. The Ministry of Culture is responsible for
monitoring and censoring objectionable content on the Internet. There
was no evidence that the government prosecuted or punished anyone or
attempted to collect, request, obtain, or disclose the personally
identifiable information in connection with persons' peaceful expression
of political, religious, or ideological opinion or belief.
Academic Freedom and Cultural Events
The constitution provides for freedom of expression and scientific
research according to the conditions and circumstances stipulated by
law. In practice instructors at Qatar University noted that they often
exercised self-censorship. Instructors at foreign-based universities
operating in the country reported enjoying academic freedom. There were
no reported government restrictions on cultural events, although some
groups organizing cultural events reported that they exercised
self-censorship. Films were censored for political, religious, and
sexual content and for vulgar and obscene language.
b. Freedom of Peaceful Assembly and Association
Freedom of Assembly
The constitution provides for, but strictly regulates, freedom of
assembly. Organizers must meet a number of restrictions and conditions
to acquire a permit for a public meeting. For example, the Director
General of Public Security at the Ministry of Interior must give
permission for a meeting, a decision which is subject to appeal to the
minister of interior, who has the final decision. There were no
demonstrations by citizens, but Egyptian, Libyan, and Syrian expatriates
demonstrated peacefully near their embassies in conjunction with the
"Arab Spring." Authorities approved permits for these protests and did
not intervene.
Freedom of Association
The constitution provides for the right to form groups, defined by
the Consultative Council as professional associations and private
institutions, but the government limited this right in practice. A total
of 23 professional and private organizations existed, the majority of
which were charities. They are prohibited from engaging in political
matters or affiliating internationally and must obtain approval from the
Ministry of Social Affairs, which can deny their establishment if it
deems them a threat to the public interest. There are no organized
political parties or politically oriented associations.
Administrative obstacles, including the slow pace of procedures
required to form such associations and institutions and strict
conditions on their establishment, management, and function restricted
the recognition of these groups. The Minister of Social Affairs must
approve applications, and the number of noncitizens cannot exceed 20
percent of the total membership without approval by the ministerial
cabinet. Only one organization applied to form a professional society
during the year; the application was pending at year's end. During the
year the government approved one new nongovernmental organization (NGO),
a charitable organization.
Professional societies must pay 50,000 riyals (approximately $13,750)
in licensing fees, 10,000 riyals ($2,750) in annual fees and, since
2010, must have 10 million riyals ($2.75 million) in capital funds.
Private institutions must also have 10 million riyals in capital funds,
but this requirement can be waived by the Council of Ministers.
Registrations expire after three years, after which an association must
reregister.
Informal organizations, such as community support groups and activity
clubs, operated without registration, but they may not engage in
activities deemed political.
c. Freedom of Religion
See the Department of State's 2010 International Religious Freedom Report.
d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons
The constitution provides for freedom of movement within the country,
foreign travel, emigration, and repatriation, but the government did
not fully respect this right in practice. The Office of the UN High
Commissioner for Refugees (UNHCR) generally did not ask the government
to assist internally displaced persons, refugees, returning refugees,
asylum seekers, stateless persons, and other persons of concern.
In-country Movement: The only restrictions on in-country
movement for citizens concerned sensitive military, oil, and industrial
installations. Although there was less emphasis on setting and enforcing
"family times" at entertainment areas in Doha, several local malls and
souks continued to restrict access to certain areas to foreign workers
on weekends. Police also restricted foreign workers' access to National
Day celebrations on the corniche.
Foreign Travel: The government prevents the travel of its
citizens only when they are involved in ongoing court cases. The
government severely restricted foreign travel for noncitizens, which
principally affected foreign workers. All noncitizens require an exit
permit from their employers to leave the country. Although the law
provides an administrative procedure for obtaining an exit permit
without an employer's approval, the process was burdensome. Foreign
embassies reported that the process was ineffective, and they continued
to receive requests to mediate disputes concerning exit permits between
foreign workers and their sponsors. The law outlaws the practice of
employers withholding workers' passports, but it remained a common
problem due to insufficient enforcement.
Protection of Refugees
Access to Asylum: The law does not explicitly provide for
the granting of asylum or refugee status, but in practice the government
occasionally accepted such individuals as "guests." The small number of
persons granted residence on humanitarian grounds were legally
classified as immigrants.
Nonrefoulement: The constitution prohibits the extradition
of political refugees. The government generally provided protection
against the expulsion or forcible return of refugees to countries where
their lives or freedom would be threatened on account of their race,
religion, nationality, membership in a particular social group, or
political opinion.
However, on June 2, a Libyan woman was forcibly deported to Benghazi,
Libya; she had fled after allegedly being gang-raped by Libyan
progovernment forces in Tripoli in March. A spokesman for the UNHCR,
which had recognized her as a refugee, said that it considered her
forced return a violation of international law by Qatar. The UNHCR was
ready to transport her to a safe facility in Europe. Government
officials ignored requests from the UNHCR and diplomatic representatives
to avoid returning her to Libya. Government officials offered no public
explanation for the deportation other than to note that she overstayed
her visa.
Stateless Persons
Citizenship derives solely from the father. Women do not transmit
citizenship to their children, even if the parents are married and the
child is born in the country. A woman must obtain permission from
authorities before marrying a foreign national, but she does not lose
citizenship upon marriage.
According to the NHRC, there were approximately 300-400 "Bidoon"
residents (stateless persons with residency ties) in the country. They
suffered social discrimination, but not legal discrimination, based upon
their lack of nationality. The Bidoon were able to register for public
services such as education and health care.
The government provides a legal means for long-term residents to
acquire citizenship; in practice, restrictions and uneven application of
the law prevented stateless persons from acquiring citizenship. The law
allows a maximum of 50 noncitizen residents per year to apply for
citizenship after residing in the country for 25 consecutive years.
Section 3. Respect for Political Rights: The Right of Citizens to Change Their Government
The constitution provides for hereditary rule by the Emir's branch of
the al-Thani family and does not provide citizens the right to change
their government peacefully through elections. The Emir exercises full
executive powers, including appointment of cabinet members. The
Consultative Council, whose members the Emir appointed, plays an
advisory role only. The constitutional provision for initiation of
legislation by the Consultative Council remained unimplemented. The
influence of family and tribal traditions was strong, and the government
did not permit political parties or opposition groups.
Elections and Political Participation
Recent Elections: On May 10, citizens elected the 29 members
of the fourth Central Municipal Council to four-year terms. The Council
advises the Minister of Municipality and Urban Affairs on local public
services. Diplomatic missions noted no apparent irregularities in the
elections. There were an estimated 120,000 eligible voters, but only 41
percent of the 32,700 registered voters participated.
Voting is open to all citizens who are at least 18 years of age and who have been naturalized for at least 15 years.
In November, the Emir announced national elections would be held in
late 2013 for 30 of the 45 members of the Consultative Council after its
current term ends.
Political Parties: The government did not permit the organization of political parties.
Participation of Women and Minorities: Although traditional
attitudes and roles continued to limit women's participation in
politics, women served in public office as chair of the Qatar
Foundation, vice president of the Supreme Council for Family Affairs
(SCFA) with ministerial rank, secretary general of the SCFA, head of the
General Authority for Museums, ambassador to the UN mission in Geneva,
and president of Qatar University. One woman served on the Central
Municipal Council and there were two female judges on the Court of First
Instance.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption and the
government generally implemented these laws effectively. There were no
reported cases of government corruption during the year. Public
officials were not subject to financial disclosure laws.
The National Committee for Accountability and Transparency has been
responsible for combating corruption since its establishment in 2007. On
December 2, the Emir announced the creation of a new Administrative
Control and Transparency Authority, headed by a deputy prime minister,
to track ministries and probe claims of abuses of power or funds. Its
mandate entails probing the misuse of public funds and investigating
complaints against government officials. The agency may also have access
to banking details, in cases that allege money laundering activities.
The law does not provide for access to government information beyond
the requirement that the government publish laws in the official
gazette. Information on the government such as on the budget,
expenditures, or draft laws was generally not available.
Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
The three NGOs operating in the country whose charters indicated an
interest in human rights were all funded by the government and
responsive to its influence. These included the NHRC, Qatar Foundation
for Combating Human Trafficking (QFCHT), and Qatar Foundation for
Protecting Women and Children (QFPWC). They cooperated with the
government, rarely criticized it, and did not engage in political
activity.
No international NGO focusing on human rights or humanitarian issues was registered in the country.
Government Human Rights Bodies: The government-funded and
-appointed NHRC investigated local human rights conditions. The NHRC
reported that it handled 296 petitions for assistance during the
preceding 12 months, 182 of which were from Qataris and 114 from
non-Qataris. During the year the NHRC issued a report on the status of
human rights covering 2010.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on nationality, race,
language, religion, and disability but not gender or social status. In
practice, Qatari custom outweighed government enforcement of
nondiscrimination laws, and legal, cultural, and institutional
discrimination existed against women, noncitizens, and foreign workers.
Women
Rape and Domestic Violence: The law criminalizes rape, but
does not address spousal rape. There were publicized cases of rape
involving foreigners, but none were reported involving citizens. The
penalty for rape is life imprisonment, regardless of the age or gender
of the victim. If the perpetrator is a relative, teacher, guardian, or
caregiver of the victim, the penalty is death. The government enforced
the law against rape, but victims feared social stigma and underreported
the crime.
There is no specific law criminalizing domestic violence. According
to the NHRC, domestic violence may be prosecuted under the criminal law
that provides a general prohibition against violence. According to the
quasi-governmental QFPWC, domestic violence against women continued to
be a problem. There were neither arrests nor convictions for family
domestic violence among citizens publicized in the press, although there
were reports of cases involving noncitizens. During the year, 406 cases
of domestic abuse against women were reported to the foundation. There
was no reported data on sexual abuse provided by foreign embassies.
The SCFA operated a shelter under the supervision of the QFPWC to
accommodate abused women and children. During the year the shelter
accommodated 20 women and six children. The shelter provided a variety
of services, including financial assistance, legal aid, and
psychological counseling.
Sexual Harassment: Sexual harassment is illegal and carries
penalties of imprisonment or fines. In some cases sponsors sexually
harassed and mistreated foreign domestic servants. Most domestic
servants did not press charges for fear of losing their jobs. The QFCHT
reported seven cases of sexual harassment, four of which were ultimately
resolved outside of court, one that was dismissed by prosecutors, and
two that were pending before the court. When the domestic employees
brought harassment to the attention of authorities, the employees were
occasionally deported and no charges were filed against the employer.
Reproductive Rights: There were no reports of government
interference in the right of couples and individuals to decide freely
and responsibly the number, spacing, and timing of their children and to
have the information and means to do so free from discrimination or
coercion. There was no direct government support for access to means of
contraception, but contraceptives were freely available without a
prescription. Licensed medical professionals attended mothers at birth,
and maternal care was readily available. Men and women had equal access
to treatment for sexually transmitted diseases.
Discrimination: The constitution asserts the principle of
equality between citizens in rights and responsibilities, but
legislation such as the Housing Law and the Nationality Law undermine
this principle of equality with regard to women. The law governing the
generous government housing system was generally applied fairly in
practice and provides significant protection to women, with the
exception of citizen women divorced from noncitizen men. The Housing Law
requires the passage of five years' residency from the date of divorce
for these citizen women to obtain their housing entitlement. Under the
Nationality Law, citizen women faced legal discrimination in obtaining
and transmitting citizenship for their noncitizen husbands and their
children, respectively.
Traditions and interpretation of Sharia also significantly
disadvantage women in family, property, and inheritance law and in the
judicial system generally. For example, a non-Muslim wife does not have
the automatic right to inherit from her Muslim husband. She receives an
inheritance only if her husband wills her a portion of his estate, and
even then is eligible to receive only one-third of the total estate. The
proportion that women inherit depends upon their relationship to the
deceased; in the cases of siblings, sisters inherit only one-half as
much as their brothers. In cases of divorce, young children usually
remain with the mother, regardless of her religion, unless she is found
to be unfit. Women who are granted guardianship over their children by
law receive their financial rights and associated right of residence.
Women may attend court proceedings and may represent themselves, but a
male relative generally represented them. In cases involving financial
transactions, the testimony of two women equals that of one man, but
courts routinely evaluated evidence according to the overall credibility
of the witness and the testimony being offered and not on the basis of
gender.
A non-Muslim woman is not required to convert to Islam upon marriage
to a Muslim, but many make a personal decision to do so. Children born
to a Muslim father are considered Muslims. Men may prevent adult female
family members from leaving the country, but only by seeking and
securing a court order. During the year, there were no reports that
women older than 18 years of age were prevented from traveling abroad.
According to the Qatar Chamber of Commerce and Industry, women
constituted approximately 13 percent of business owners, mainly
operating design companies, fashion establishments, training centers,
and beauty centers. Women served in the workforce as university
professors, public school teachers, and police. Women served as
professionals in government service, education, health, and private
business. Women received equal pay for equal work, but often lacked
access to some positions and did not receive equal allowances for
transportation, housing, and subsistence.
There is no specialized government office devoted to women's
equality, but the SCFA and NHRC continued their efforts to improve the
status of women and the family under both civil and Islamic law. The
councils contributed to a number of national and international
conferences, studies, and reports on the status of women in the country,
as well as the drafting of legislation affecting women and children.
During the year the SCFA and NHRC made a recommendation to the
ministerial council to provide equal rights to children of female
citizens married to noncitizens in the areas of health, education,
employment, and housing.
Children
Birth registration: Citizenship is derived from one's father. The government generally registered all births immediately.
Education: The government provides more for the welfare of
citizen than noncitizen children. Education was free and compulsory for
all citizens through the age of 18 or through nine years of education,
whichever comes first. Education is compulsory for noncitizen children,
but they pay a nominal fee.
Child Abuses: There was no societal pattern of child abuse,
although there were some cases of family violence and physical and
sexual abuse. The QFPWC reported that, during the year, it received 172
cases involving abuse of children.
Child Marriage: The minimum age for marriage is 18 years for
boys and 16 years for girls. Marriage of persons below these ages is
not permitted except in conformity with Qatari religious and cultural
norms. These norms include the need to obtain consent from the legal
guardian to ensure that both prospective partners consent to the union
and apply for permission from a competent court. There were rare
instances of child marriage in the Bedouin community.
Sexual Exploitation of Children: There is no specific law
establishing a minimum age for consensual sex. By law, sex is prohibited
outside of marriage (see Child Marriage above). In the criminal law,
the penalty for sexual relations with a person younger than 16 years old
is life imprisonment. If the individual is the relative, guardian,
caretaker, or servant of the victim, the penalty is death. There is no
specific law prohibiting child pornography as all pornography is
prohibited, but the antitrafficking in persons law passed in October
specifically criminalizes the commercial sexual exploitation of
children.
The QFPWC conducted awareness campaigns on the rights of the child
and maintained a special hotline that allowed both citizen and
noncitizen children to call with questions and concerns ranging from
school, health, and psychological problems to concerns about sexual
harassment. This hotline operated in conjunction with the family abuse
hotline; statistics on use were not available.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.
Anti-Semitism
The country does not have an indigenous Jewish community; the few
Jews in the country were foreigners with no restrictions on traveling or
working. On occasion, in response to political events in the region,
some of the country's privately owned Arabic-language newspapers carried
cartoons depicting offensive caricatures of Jews and Jewish symbols and
editorial comparisons of Israeli leaders and Israel to Hitler and the
Nazis. These occurred primarily in the daily newspapers
al-Watan,
al-Sharq,
al-Arab, and
al-Raya and drew no government response.
Trafficking in Persons
See the Department of State's
2011 Trafficking in Persons Report.
Persons with Disabilities
The law prohibits discrimination against and requires the allocation
of resources for, persons with physical, sensory, intellectual, and
mental disabilities in employment, education, access to health care, and
other state services or other areas. There was no underlying pattern of
abuse at education facilities, mental health facilities, or prisons.
The government is charged with acting on complaints from individuals and
the NHRC and enforcing compliance. The law requires that 2 percent of
jobs in government agencies and public institutions be reserved for
persons with disabilities. Private sector businesses employing a minimum
of 25 persons are required to hire persons with disabilities. Employers
who violate these employment provisions are subject to fines. There
were no reports of violations during the year.
Private and independent schools in general provided most of the
required services for students with disabilities, but government schools
did not. Few public buildings met the required standards of
accessibility for persons with disabilities, and new buildings generally
did not comply with standards. The SCFA is charged with ensuring
compliance with the rights and provisions mandated under the law, but
compliance was not effectively enforced.
National/Racial/Ethnic Minorities
Legal and social discrimination against noncitizen workers was a
problem. The government distinguished between citizens and noncitizens
in employment, education, housing, and health services. Noncitizens were
required to pay for electricity, water, and some secondary and higher
education (services provided without charge to citizens). Noncitizens
were eligible for medical coverage at a nominal fee. Noncitizens
generally could not own property, but the law provides for property
ownership in three designated areas. Cultural, linguistic, and religious
differences and divergent economic status accentuated social
discrimination between citizens and migrant workers. "Bidoons" also
endured social discrimination.
Societal Abuses, Discrimination, and Acts of Violence Based on Sexual Orientation and Gender Identity
The law prohibits same-sex sexual conduct between men but is silent
on same-sex relations between women. Under the criminal law, a man
convicted of having sexual relations with another man or boy younger
than 16 years old is subject to a sentence of life in prison. A man
convicted of having same-sex sexual activity with another man older than
16 is subject to a sentence of seven years in prison. There were an
unknown number of cases before the courts during the year. There were no
lesbian, gay, bisexual, or transgender (LGBT) organizations in the
country. During the year, no violence was reported against LGBT persons,
but there was an underlying pattern of discrimination toward LGBT
persons based on cultural and religious values prevalent in the society.
Other Societal Violence or Discrimination
There was discrimination against HIV-infected patients. HIV-positive
foreigners, whose condition was typically diagnosed during their medical
examinations upon arrival in the country, were deported. HIV-positive
citizens were quarantined and received treatment.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining
The law permits worker organizations in private enterprises that have
100 citizen workers 18 years of age and older. The law grants these
workers the rights to strike and bargain collectively. The law prohibits
those working in the public sector from forming and joining unions.
However, the law also makes the exercise of these rights difficult.
Noncitizens are not eligible to form worker committees, and foreign
workers may only be members of joint labor-management committees.
The labor code allows for only one trade union: the General Union of
Workers of Qatar, which consisted of general committees for workers in
various trades or industries. A general committee must have 100 or more
members. These trade or industry committees in turn are composed of
worker committees at the individual firm level. The law forbids worker
organizations from affiliating with groups outside the country.
Although the law recognizes the right to strike, restrictive
conditions made the likelihood of a legal strike extremely remote. Civil
servants and domestic workers cannot strike; the law also prohibits
strikes at public utilities and health or security service facilities,
which include the gas, petroleum, and transport sectors. The law
requires approval for a strike by three-fourths of a company's workers
committee. Such committees are composed of an equal number of
representatives from management and labor, making it practically
impossible for labor to gain a strike authorization. The Labor
Department of the Ministry of Civil Service must rule on all industrial
disputes before workers can call a strike. Foreign embassies reported
several cases in which they intervened to resolve labor disputes
reported by their nationals working in the country.
In the past the government responded to labor unrest by dispatching
large numbers of police to the work sites or labor camps involved; the
strikes generally ended peacefully after these shows of force. In most
cases the government summarily deported the workers' leaders and
organizers.
The government circumscribed the right to bargain collectively
through control over the rules and procedures of the bargaining and
agreement processes. Employees could not freely practice collective
bargaining, and there were no workers under collective bargaining
contracts.
Local courts handled disputes between workers and employers. In
practice foreign workers avoided drawing attention to problems with
their employers due to fear of retaliation and deportation. The Human
Rights Office at the Ministry of Interior served as the point of contact
for the complaints of foreign workers, who were mostly from South and
South East Asia.
b. Prohibition of Forced or Compulsory Labor
On October 23, the government enacted an antitrafficking in persons
(TIP) law prohibiting all forms of forced or compulsory labor, with up
to 15 years' imprisonment for the most serious offenses. The QFCHT
conducted training for law enforcement officials on applying the new
anti-TIP law, including methods of investigation and identifying
victims.
Reports of forced labor continued, especially in the construction and
domestic labor sectors, which disproportionally affected migrant
workers. Some foreign workers who voluntarily entered the country for
work found themselves working under circumstances indicative of forced
labor, such as withholding of passports and travel documents, refusal to
grant exit permits, and working under conditions to which they had not
agreed.
On March 1, the QFCHT issued a National TIP Action Plan 2010-15 that
aims to prevent the spread of human trafficking, provide protection for
TIP victims, and punish traffickers. According to the QFCHT, at year's
end the government had implemented 95 percent of the plan's programs and
projects for 2010-11 and 80 percent for 2011-12.
In 2010 the Ministry of Labor conducted 20,872 regular monthly
inspections and 3,030 spot inspections during the year. There was no new
information on inspections in 2011. Companies found in violation of
labor laws were generally given several weeks to correct their actions. A
company's second violation would result in its placement on a strictly
enforced government "blacklist," which prohibits companies from
obtaining additional visas or hiring additional foreign workers.
Also see the Department of State's
2011 Trafficking in Persons Report.
c. Prohibition of Child Labor and Minimum Age for Employment
The law sets the minimum age for employment at 16. The law stipulates
that minors between the ages of 16 and 18 can work with parental or
guardian permission. Minors may not work more than six hours a day or
more than 36 hours a week. Employers must provide the Labor Department
with the names and occupations of their minor employees and obtain
permission from the Ministry of Education to hire a minor. The Labor
Department may prohibit the employment of minors in jobs judged
dangerous to the health, safety, or morals of minors.
d. Acceptable Conditions of Work
There is no minimum wage. The median wage of noncitizen workers did not provide a decent standard of living for a worker and family. The law prescribes a 48-hour workweek with a 24-hour rest period, but most government offices followed a 36-hour workweek. Employees who worked more than 48 hours per week or 36 hours per week during the holy month of Ramadan are entitled to overtime pay of at least a 25 percent wage supplement. Government offices and major private sector companies adhered to this law, while employers often ignored the law with respect to unskilled laborers, construction workers, and domestic and personal employees, the majority of whom were foreigners. Domestic workers are not covered under the labor law. Many such workers frequently worked seven days a week and more than 12 hours a day with few or no holidays, no overtime pay, and no effective means to redress grievances.
There are laws regarding worker safety and health, but enforcement – a combined responsibility of the Ministry of Energy and Industry, Ministry of Health, and Labor Department – was uneven due to insufficient training and lack of personnel. Violators faced penalties of up to 6,000 QR ($1,648) and 30 days' imprisonment in the most serious cases, but labor observers reported that most safety and health violations were handled through administrative fines or blacklisting. The Labor Department opened an office in Doha's Industrial Area, where most unskilled laborers resided, to receive complaints about worker safety or nonpayment of wages.
Diplomatic representatives visited labor camps and found many unskilled foreign laborers living in cramped, dirty, and hazardous conditions, often without running water, electricity, or adequate food. The Labor Inspection Department conducted monthly and random inspections of labor camps; when it found them below minimum standards, the operators received a warning, and authorities ordered them to remedy the violations within one month. If they did not remedy the violations, the Labor Department referred the matter to the public prosecutor for action, and some cases went to trial.
During the year inspectors conducted a total of 24,107 observations of work and labor housing sites. Inspectors found 20,669 acceptable and 1,531 unacceptable, the latter of which resulted in bans on the companies in question; 493 remained under investigation at year's end. Foreign labor officials reported that conditions at most labor camps in the country remained below international standards. A foreign embassy reported acceptable conditions at multiple camps that housed its nationals, and embassy staff visited on a regular basis. A recent survey of low-skilled laborers revealed that the average foreign laborer worked 9.7 hours per day and that 96 percent of laborers worked six or seven days a week. Other studies concluded that low-skilled laborers earned an average of 14,000 QR ($3,846) annually.
According to foreign diplomats and some individual migrant workers,
the Ministry of Labor's Department of Labor Affairs was widely perceived
to be objective within its narrow mandate when dealing with the
nonpayment of wages. The department claimed that it resolved 80 percent
of the 3,630 complaints filed by workers between January and September.
The ministry referred 292 cases to the labor courts for judgment. A
limited number of labor complaints were referred to the criminal courts,
but statistics were not publicly available.
