Observation (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

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

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.