Abolition of Forced Labour Convention, 1957 (No. 105) - Qatar (Ratification: 2007)

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

Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted that sentences of imprisonment (involving compulsory labour, by virtue of section 62 of the Penal Code and sections 6 and 7 of Decree No. 11 of 2012 on penitentiaries and reformatories) may be imposed under certain provisions of the national legislation in circumstances which are covered by Article 1(a) of the Convention, namely:

• -section 115 of the Penal Code, which prohibits the dissemination of information or false statements on the country’s domestic situation which damage the economy, the prestige of the State or national interests;
• -section 134 of the Penal Code, which prohibits any open criticism or defamation of the Prince or his heir;
• -sections 35 and 43 of Act No. 12 of 2004 concerning associations, which prohibit the creation of political associations and provide for a sentence of imprisonment of between one month and one year for any person who carries out an activity contrary to the purpose for which an association was created;
• -section 46 of Act No. 8 of 1979 on publications, which prohibits any criticism of the Prince or his heir, and section 47 of the same Act, which prohibits the publication of any defamatory documents on the president of an Arab or Muslim country or a friendly country, as well as documents prejudicial to the national currency or raising confusion concerning the economic situation of the country; and
• -sections 15 and 17 of Act No. 18 of 2004 on public meetings and demonstrations, which prohibit public assembly without prior authorization.

The Committee requested the Government to take the necessary measures to bring the above-mentioned provisions into conformity with the Convention.

The Committee notes the Government’s indication in its report that, the amendment of sections 115 and 134 of the Penal Code is still under consideration and examination, and that the above-mentioned provisions of Act No. 12 of 2004, Act No. 18 of 2004 and Act No. 8 of 1979 will be considered and examined in order to bring them into conformity with the Convention.

The Committee recalls once again that Article 1(a) prohibits the use of forced or compulsory labour, including compulsory prison labour, as a punishment for holding or expressing political views. The range of activities which must be protected, under this provision, from punishment involving forced or compulsory labour thus comprises the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media), as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views and which may also be affected by measures of political coercion (2012 General Survey on the fundamental Conventions, paragraph 302). The Committee therefore requests the Government to take the necessary measures to amend the above-mentioned provisions either by repealing them, by limiting their scope to acts of violence or incitement to violence, or by replacing sanctions involving compulsory prison labour with other kinds of sanctions (e.g, fines), in order to ensure that no form of compulsory labour, including compulsory prison labour may be imposed on persons who, without using or advocating violence, express certain political views or opposition to the established political, social or economic system. The Committee also requests the Government to provide information on the progress made in this regard. Pending the adoption of such measures, the Committee requests the Government to provide information on the application in practice of the above-mentioned provisions, including copies of relevant court decisions.

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

Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. 1. Penal Code. In its previous comments, the Committee noted that sentences of imprisonment (involving compulsory labour, by virtue of section 62 of the Penal Code and sections 6 and 7 of Decree No. 11 of 2012 on penitentiaries and reformatories) may be imposed under certain provisions of the national legislation in circumstances which are covered by Article 1(a) of the Convention, namely:

• -section 115 of the Penal Code, which prohibits the dissemination of information or false statements on the country’s domestic situation which damage the economy, the prestige of the State or national interests; and
• -section 134 of the Penal Code, which prohibits any open criticism or defamation of the Prince or his heir.

The Committee requested the Government to take the necessary measures to ensure that the abovementioned sections of the Penal Code are amended to be in conformity with the Convention.

The Committee notes the Government’s indication that all the necessary measures will be taken as requested by the Committee of Experts in order to amend sections 115 and 134 of the Penal Code, so that persons who hold or express certain political views or views ideologically opposed to the established political and social system, cannot be liable to prison sentences involving compulsory labour. The Committee also notes once again the Government’s reference to Decree No. 11 of 2012, regulating the penitentiaries and reformatories, as well as its detailed explanations on the guarantees that are provided for convicted persons when they perform work in prison (rehabilitation activities and programmes, decent salary).

The Committee recalls that the Convention prohibits the imposition of compulsory prison labour, for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee also recalls that sections 115 and 134 of the Penal Code are not in conformity with the Convention, as their application is not limited to acts of violence (or incitement to violence), armed resistance or uprising, but seem to allow penalties of imprisonment (involving compulsory labour) to be imposed for the peaceful expression of opinions opposed to the established political system. Moreover, the Committee draws the attention of the Government to the fact that, to avoid any problem with the application of the Convention, it is important that the amended provisions of the Penal Code do not provide for penalties of imprisonment, involving compulsory prison labour, as a sanction for expressing political opinions peacefully or opposition to the established political, social or economic order. The Committee trusts that the Government will take the necessary measures in the very near future to ensure that the abovementioned provisions of the Penal Code are amended, so that persons who hold or express certain political views or views ideologically opposed to the established political and social system, cannot be liable to prison sentences involving compulsory labour. The Committee also requests the Government to provide information on the progress made in this regard.

2. Political associations, publications and public demonstrations. In its previous comments, the Committee also noted that, under certain provisions, sentences of imprisonment (involving compulsory labour) may be imposed in the following cases:

• -sections 35 and 43 of Act No. 12 of 2004 concerning associations, which prohibit the creation of political associations and provide for a sentence of imprisonment of between one month and one year for any person who carries out an activity contrary to the purpose for which an association was created;
• -section 46 of Act No. 8 of 1979 on publications, which prohibits any criticism of the Prince or his heir, and section 47 of the same Act, which prohibits the publication of any defamatory documents on the president of an Arab or Muslim country or a friendly country, as well as documents prejudicial to the national currency or raising confusion concerning the economic situation of the country; and
• -sections 15 and 17 of Act No. 18 of 2004 on public meetings and demonstrations, which prohibit public assembly without prior authorization.

The Committee requested the Government to take the necessary measures to bring the abovementioned provisions into conformity with the Convention.

The Committee notes with regret an absence of information on this point. The Committee, once again recalls that Article 1(a) prohibits the use of forced or compulsory labour “as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system”. The range of activities which must be protected under this provision, from punishment involving forced or compulsory labour, thus comprises the freedom to express political or ideological views, as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views and which may also be affected by measures of political coercion. In this regard, the Committee, expresses the firm hope that the necessary measures will be taken to bring the above provisions into conformity with the Convention. The Committee also requests the Government to provide information on the application in practice of the abovementioned provisions, including copies of court decisions determining or illustrating their application.

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

Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the political, social or economic system. 1. Penal Code. In its previous comments, the Committee noted that sentences of imprisonment (involving compulsory labour, under the terms of section 62 of the Penal Code) may be imposed under certain provisions of the national legislation in circumstances which are covered by Article 1(a) of the Convention, namely:

• -section 115 of the Penal Code, which prohibits the dissemination of information or false statements on the country’s domestic situation which damage the economy, the prestige of the State or national interests; and
• -section 134 of the Penal Code, which prohibits any open criticism or defamation of the Prince or his heir.

The Committee notes the Government’s indication that the regulation which implements the Prison Law of 1995 was repealed by virtue of section 77 of Law No. 3 of 2009, regulating the penitentiaries and reformatories. By virtue of Decree No. 11 of 2012, a Prison Regulation was also promulgated. Sections 6 and 7 of Decree No. 11 specify the categories of prisoners who should be employed, as well as the tasks entrusted to them. Section 6 particularly specifies that the employment of prisoners is optional. The exaction of forced labour of prisoners shall not be allowed.

The Committee notes however that by virtue of section 6 of Decree No.11, only prisoners of category G, who are involved in the internal or external state security, are exempted from compulsory labour. All the other categories of prisoners perform the tasks which are enumerated in the Prison Regulations.

Accordingly, the Committee recalls that sections 115 and 134 of the Penal Code are not in conformity with the Convention, as their application is not limited to acts of violence (or incitement to violence), armed resistance or uprising, but seem to allow penalties of imprisonment (involving compulsory labour) to be imposed for the peaceful expression of opinions opposed to the established political system.

In this regard, with reference to its 2012 General Survey on the fundamental Conventions concerning rights at work, the Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour “as a means of political coercion or as a punishment for holding political views or views ideologically opposed to the established political, social and economic system”. While the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence, sanctions of imprisonment (involving compulsory labour) are not in conformity with the Convention if they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system (paragraphs 302–303).

The Committee therefore requests the Government to take the necessary measures to ensure that sections 115 and 134 of the Penal Code are amended, in order to ensure that persons who hold or express certain political views or views ideologically opposed to the established political and social system, cannot be liable to prison sentences involving compulsory labour.

2. Political associations, publications and public demonstrations. In its previous comments, the Committee also noted that, under certain provisions, sentences of imprisonment (involving compulsory labour) may be imposed in the following cases:

• -sections 35 and 43 of Act No. 12 of 2004 concerning associations, which prohibit the creation of political associations and provide for a sentence of imprisonment of between one month and one year for any person who carries out an activity contrary to the purpose for which an association was created;
• -section 46 of Act No. 8 of 1979 on publications, which prohibits any criticism of the Prince or his heir, and section 47 of the same Act, which prohibits the publication of any defamatory documents on the president of an Arab or Muslim country or a friendly country, as well as documents prejudicial to the national currency or raising confusion concerning the economic situation of the country; and
• -sections 15 and 17 of Act No. 18 of 2004 on public meetings and demonstrations, which prohibit public assembly without prior authorization.

The Committee recalls that Article 1(a) prohibits the use of forced or compulsory labour “as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system”. The range of activities which must be protected under this provision, from punishment involving forced or compulsory labour thus comprises the freedom to express political or ideological views, as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views and which may also be affected by measures of political coercion.

Noting the absence of information from the Government on this point, the Committee once again requests the Government to take the necessary measures to bring the abovementioned provisions into conformity with the Convention. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of these provisions in practice, supplying copies of court decisions and indicating the penalties imposed.

Article 1(c). Disciplinary measures applicable to seafarers. The Committee previously asked the Government to provide a copy of the full version of the Shipping Act and its Regulations concerning the penalties imposed on seafarers for breaches of labour discipline.

The Committee takes note of Act No. 15 of 1980 on Shipping. The Committee notes that the disciplinary measures applicable to seafarers pursuant to section 97 do not entail penal sanctions involving compulsory labour.

Article 1(d). Imposition of labour as punishment for having participated in a strike. The Committee previously requested the Government to indicate the administrative penalties imposed in the event of strikes in the essential services enumerated in section 120 of the Labour Code.

The Committee notes the Government’s indication that there are no special administrative penalties applied in such a case, and that the general rules of discipline are the ones which are applied.

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

Article 1(a) of the Convention. Imposition of labour as a punishment for expressing political views or views ideologically opposed to the political, social or economic system. In its previous comments, the Committee noted that sentences of imprisonment (involving compulsory labour, under the terms of section 62 of the Penal Code) may be imposed under certain provisions of the national legislation in circumstances which fall within the scope of Article 1(a) of the Convention, namely:

• -sections 35 and 43 of Act No. 12 of 2004 concerning associations, which prohibit the creation of political associations and provide for a sentence of imprisonment of between one month and one year for any person who carries out an activity contrary to the purpose for which an association was created;
• -section 115 of the Penal Code, which prohibits the dissemination of information or false statements on the country’s domestic situation which damage the economy, the prestige of the State or national interests; and
• -section 134 of the Penal Code, which prohibits any open criticism or defamation of the Prince or his heir.

The Committee further notes that, under certain provisions, sentences of imprisonment (involving compulsory labour) may be imposed in the following cases:

• -section 46 of Act No. 8 of 1979 on publications, which prohibits any criticism of the Prince or his heir, and section 47 of the same Act, which prohibits the publication of any defamatory documents on the President of an Arab or Muslim country or a friendly country, as well as documents prejudicing the national currency or raising confusion concerning the economic situation of the country; and
• -sections 15 and 17 of Act No. 18 of 2004 on public meetings and demonstrations, which prohibits public assembly without prior authorization.

In its latest report, the Government indicates that the provisions of Act No. 12 of 2004 on associations, as well as those of the Penal Code, make no reference to sentences of forced labour.

The Committee recalls in this respect, referring also to the explanations provided in paragraphs 144–147 of its 2007 General Survey on the eradication of forced labour, that any sentence involving compulsory labour, including compulsory prison labour, is covered by the Convention when it is exacted in one of the five cases specified by the instrument, and particularly as punishment for expressing political views or for having participated in strikes.

However, the Committee noted in its previous comments that, under the terms of section 62 of the Penal Code, a convicted person who is serving a sentence of imprisonment is under the obligation to perform the work prescribed by prison rules. It further notes that, under the terms of section 16 of the Prison Regulations of 1995, prisoners convicted for a specific period or for life (categories “b” and “c”) shall be employed on tasks specified in the prison rules.

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It refers once again to the explanations provided in paragraph 154 of its General Survey, referred to above, in which it emphasizes that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, sanctions involving compulsory labour fall within the scope of the Convention when they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. The freedom of expression of political or ideological views may also be restricted by the prohibition of various sorts of meetings or associations, which is also contrary to the Convention where such prohibition is accompanied by sanctions involving compulsory labour.

The Committee hopes that the necessary measures will be taken to bring the above provisions into conformity with Article 1(a) of the Convention and that the Government will soon be in a position to report the progress achieved in this respect. While awaiting the adoption of such measures, the Committee once again requests the Government to provide information on the application of these provisions in practice, supplying copies of court decisions and indicating the penalties imposed.

Article 1(d). Imposition of labour as punishment for having participated in a strike. With reference to its previous comments, the Committee notes the Government’s indication that no penal sanction is established in the Labour Code for breaches of the provisions of section 120, which prohibits any strikes in essential services, and that such a violation is of an administrative nature.

While noting this indication, the Committee requests the Government to indicate the administrative penalties imposed in the event of strikes in the essential services indicated in section 120 of the Labour Code.

Communication of legislative texts. The Committee once again requests the Government to provide a copy of the full version of the Shipping Act and its Regulations concerning the penalties imposed on seafarers for breaches of labour and discipline.

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

The Committee notes with interest the information provided by the Government in its first report on the application of the Convention. It would be grateful if the Government would provide further information on the following points in its next report:

Communication of texts

–      Please provide a copy of the legislation in force in the following fields: the laws governing the press and other media; the laws governing assemblies, meetings and demonstrations; and the laws governing political parties.

–      Please provide a copy of a complete version of the Shipping Act and the regulations concerning the penalties imposed on seafarers for breaches of order and discipline.

–      Please provide a copy of the provisions regulating the exercise of the right to strike by public servants.

Article 1(a) of the Convention. Imposition of labour as punishment for expressing political views or views ideologically opposed to the political, social or economic system. The Committee notes section 35 of Act No. 12 of 2004 concerning associations which prohibits the creation of political associations and provides that the Minister of Civil Affairs and Housing may issue a decree dissolving any association of that nature. Under section 43 of the same Act, any person who carries out an activity contrary to the purpose for which an association was created shall be liable to a prison sentence of between one month and one year which includes compulsory labour under section 62 of the Penal Code.

The Committee also notes that, under certain provisions of the Penal Code, prison sentences involving compulsory labour may be imposed in the following cases:

–      dissemination of information or false statements on the country’s domestic situation which damage the economy, the prestige of the State or national interests (section 115);

–      open criticism or defamation of the Prince or his heir (section 134).

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In this regard, it refers to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, in which it emphasizes that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision.

Taking into account the above comments, the Committee requests the Government to re-examine the provisions of the Penal Code and the Act on associations, in order to ensure that persons who hold or express certain political views or views ideologically opposed to the established political, social or economic system, through political associations or through other means of communication, cannot be liable to prison sentences involving compulsory labour. It also requests the Government to provide information on the application of the above provisions in practice, supplying copies of the court decisions defining or illustrating their scope.

Article 1(d). Imposition of labour as punishment for participation in a strike. The Committee notes the provisions of Chapter XII of the Labour Code which guarantee the right to strike, provided that the strike does not affect the State’s essential services, such as oil, gas and related industries; electricity and water; ports and airports; as well as hospitals and transport (section 120(4)). The Committee requests the Government to indicate the penalties applicable to persons who participate in a strike in the essential services listed in section 120(4) of the Labour Code.