Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Qatar (Ratification: 1976)

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.