QATAR



CERD A/33/18 (1978)



166. The information contained in the initial report of Qatar was supplemented by information concerning the implementation of article 7 of the Convention and relations with racist régimes, supplied by the representative of Qatar in his introductory statement.


167. It was observed that the comments made by members of the Committee during the consideration of many other initial reports - as far as length, amount of detail, comprehensiveness and citation of texts of relevant legal provisions was concerned - also applied to the initial report of Qatar.


168. It was noted that article 9 of the Constitution, which enunciated the principle of equality and non-discrimination, was in accord with the terms of the Convention, although it referred to distinctions on grounds of “race” and did not make specific reference to distinctions on grounds of “colour, descent or national or ethnic origin”, as provided for in article 1, paragraph 1, of the Convention.


169. Mindful of the provisions of article 1, paragraph 2, of the Convention, some members of the Committee noted with appreciation the information given in the report, to the effect that, in admission to schools and access to free medical services, no distinction was made between nationals and foreigners. The statement that “the laws of Qatar make no distinction between Qatar nationals and foreigners, all being equal before the law as to their civil obligations and criminal liability” gave rise to an inquiry about the scope of the civil obligations to which foreigners are subject. Similarly, the “equal public duties” spoken of in article 9 of the Constitution raised a question as to whether foreigners as well as nationals were liable for national military service, if such service was compulsory in Qatar. The representative of Qatar replied that foreigners enjoyed all the rights enjoyed by Qatar nationals except political rights, and were bound to respect the laws of the country.


170. It was felt that it would be very useful to have information on the demographic composition of Qatar in the next report, as envisaged in general recommendation IV of the Committee.


171. It was hoped that the second periodic report of Qatar would be more comprehensive, would provide information on the application of the provisions of the substantive articles of part I of the Convention as well as the information envisaged in the relevant general recommendations made by the Committee, and would be drawn up according to the guidelines circulated by the Committee to all States parties to the Convention.


CERD A/35/18 (1980)



281. The second periodic report of Qatar (CERD/C/46/Add.2) was introduced by the representative of the reporting State, who repeated the assurance of the report that racial discrimination was forbidden by the Law of God in an Islamic society and therefore no further legal provisions were considered necessary.


282. Although it was recognized that Islam was doubtless a major factor inhibiting racial discrimination, it was observed by several members that no religious philosophy could solve all the problems of modern life; that it was difficult to accept that racial discrimination was unlikely to exist in a country run according to the tenets of Islam, and that such country had no need of legislation in this matter. It was stated, in this connection, that human beings with their imperfections needed legislation drafted by other human beings to guide them in their actions.


283. In examining the report, the Committee felt, therefore, that there was in Qatar a certain lack of provisions for combating racial discrimination and that little information was provided in the report, especially with regard to the questions that the Committee had raised at the time of its consideration of the initial report. In this connection, the Committee reiterated its request for information on the composition of Qatar’s population, and noting that the constitution in force in the country was still provisional, it expressed the hope that it would be informed of any changes in the constitutional situation as well as of the replacement of the Amended Provisional Constitution by a definitive one. One member pointed out that, while he agreed that differential treatment of nationals and non-nationals was not ruled out by article 1 of the Convention, it would be useful for the Committee to receive more specific information concerning the nature of such differential treatment as practiced in Qatar.


284. The Committee noted that there was no explicit mention of racial discrimination in the legislative provisions referred to in the report, except in article 9 of the Amended Provisional Constitution, and recalled that Qatar, as all States parties to the Convention, was clearly obliged, in accordance with article 2, paragraph 1 (d) and article 4 of the Convention to enact further legislation prohibiting racial discrimination, whether such discrimination existed or not in the country. In this connection, members of the Committee felt that there was a contradiction in the report between the statement that the Government was endeavouring to combat the concept of racial discrimination both abroad and at home and the assertion that racial discrimination was unknown in Qatar; they asked therefore what methods the Government actually used to combat racial discrimination, and which were the laws prohibiting in particular the establishment of clubs, associations or any organization based on racial criteria.


285. The Committee also hoped that the next periodic report would contain more detailed information concerning measures adopted to guarantee the rights referred to in article 5 of the Convention with regard, in particular, to the exercise of the right to participate in elections and to the guarantee of other civil, economic, social and cultural rights such as the right to equal pay for equal work, the right to form and join trade unions, and the right to equal participation in cultural activities. Members of the Committee were of the view that the Government’s policy of providing public services, education and medical care for citizens and non-citizens alike was commendable; they wished, however, to receive detailed information on the legal provisions governing relations between employers and employees recruited from abroad and, in this connection, the complete text of Labour Law No. 3 of 1962. Information was also requested on whether the children of immigrant workers were educated in their own languages.


286. With reference to article 6 of the Convention, members of the Committee noted that the report contained no information concerning the protection and remedies available to victims of racial discrimination, and asked whether such victims could bring suit in the courts and whether acts of racial discrimination were prosecuted officially. They also asked whether the criminal courts in Qatar were set up in accordance with Islamic law and whether they played any role in preventing racial discrimination; if Islamic courts existed, members wished to know whether they had jurisdiction over migrant workers and aliens in the country.


287. The Committee was finally of the view that further information should be provided by the Government of Qatar on measures it has taken to implement article 7 of the Convention.


288. Replying to questions and comments of the members of the Committee, the representative of Qatar stated that his Government faced serious difficulties concerning census data and demographic information, but that it was establishing institutions to administer the census and other economic data and in this connection, he provided the Committee with some details about the composition of the student population in his country. As regards the Provisional Constitution, he stated that the Committee would be informed of legislative developments as and when they took place. Referring to the remarks made by the Committee in connection with article 2, paragraph 1 (d) and article 4 of the Convention, the representative stated that the Committee’s requests for appropriate legislation for the implementation of those articles would be conveyed to his Government. He also assured the members of the Committee that their questions would be answered in detail in the next periodic report.


CERD A/37/18 (1982)



151. The third periodic report of Qatar (CERD/C/73/Add.1) was considered by the Committee without the participation of a representative of the reporting State.


152. Members of the Committee commended the Government of Qatar for its report and for answering most of the questions raised by the Committee during the consideration of the previous report, which demonstrated that a constructive dialogue had been established between the Committee and the Qatar Government. The Government was invited in its next periodic report to follow the Committee’s revised guidelines.


153. In connection with the provisions of articles 1 and 2 of the Convention, it was noted that arrangements for a census and demographic classification had been put in hand and it was hoped that information on the composition of the population, including immigrants and aliens, would be supplied in the next report. On the subject of the Legislative Act No. 20 of 1980 concerning the regulation of the legal profession, information was requested on how the legal system functioned to enable non-Moslem and non-Arab expatriates to obtain redress and whether they were entitled to employ non-Arab lawyers to defend their cases, an aspect which was particularly important in view of the many non-Arab expatriate workers. Details of the new labour and immigration laws in effect in Qatar since August 1981 and the Labour Act No. 3 of 1962, referred to in the report, were also asked for, as well as whether the existing provisions for consultative committees to promote co-operation between employers and employees applied also to foreign workers.


154. With regard to article 3 of the Convention, the Committee commended the Government of Qatar for adopting measures to combat the apartheid régime of South Africa. Information was requested on the position of the Government in connection with the designation of the year 1982 as the International Year of Mobilization for Sanctions against South Africa and the priority accorded to consultations with oil-exporting countries and others on the monitoring of an oil embargo.


155. Some members of the Committee noted that the Government had based its position in relation to article 4 of the Convention on the fact that the Constitution prohibited racial discrimination. It was pointed out that the Constitution was primarily a declaration of policy and could not provide specific penalties for violations of its provisions. Consequently, the Government might wish to consider the introduction of specific legislation in compliance with the categorical requirements of article 4 of the Convention and to inform the Committee in its next periodic report of action taken to give full effect to these provisions.


156. With reference to article 5 of the Convention, it was noted that criminal cases might be heard in different courts, depending on whether the accused were Moslems or non-Moslems, and the question was asked whether conditions were the same in the Sharia and secular courts, and if not, which one applied the more restrictive legal provisions. It was also asked whether the Government might consider permitting the establishment of trade unions, including the rights to strike and the right to bargain, should there be a demand for them.


157. The Committee congratulated the Government of Qatar on its efforts to combat fanaticism and bigotry in application of article 7 of the Convention and requested further details on specific measures it was taking in that area.


CERD A/39/18 (1984)



287. The Committee considered the fourth periodic report of Qatar (CERD/C/104/Add.1) after a brief introduction by the representative of the reporting State.


288. Members of the Committee expressed appreciation for the replies provided by the Government of Qatar to the questions raised by them during the consideration of the previous report. They suggested, however, that future reports of that State party should conform to the guidelines adopted by the Committee (CERD/C/70/Rev.1) for the submission of reports. They also expressed the wish to receive information on the results of the census to be conducted in Qatar in March 1985 and, in particular, on the ethnic composition of the population and on any change in the number of foreign workers living in the country.


289. The Committee took note of the recognition by Qatar that the Convention contained provisions which could not be enforced without enactment of special laws and hence the Government’s request to the Committee to draft model legislation in this respect, which could be used as guidelines for the formulation of its internal legislation. In this connection, various opinions were expressed by the members on the types of assistance which might be provided to Qatar for the preparation of its own legislation to give effect to the provisions of the Convention. It was pointed out that the report of the Secretary-General on the reporting obligations of States parties under the Convention and other relevant instruments (A/38/393) indicated, among other things, the types of technical assistance and co-operation which the Committee or the relevant organs of the United Nations might provide to States parties and it was agreed that the subject under discussion could be analysed when the report of the Secretary-General was considered.


290. With regard to the status of migrant workers in Qatar, information was requested on seasonal immigration, on whether families could accompany immigrants during their stay and on the opportunities available to immigrant workers to change jobs. It was asked, in particular, whether immigrant workers were informed of the limitations and restrictions inherent in their status and of the rights which they enjoyed; what the Government’s policy was with regard to wages, social security, housing and the relations between employers and employees and whether any government body existed to deal with such matters. Information was also requested on the clandestine employment of immigrant workers in Qatar and how illegal workers could defend themselves if they were arrested.


291. With regard to article 5 of the Convention, members wished to know how certain provisions, especially those contained in paragraphs (d) and (e) of that article, were implemented by Qatar. Clarification was requested with regard to article 3, paragraph (i) of Act No. 20 of 1980, which provided, inter alia, that persons eligible for entry in the provisional role of lawyers must hold the nationality of an Arab State. It was also asked whether a non-Arab lawyer might not be eligible to practice in the courts of Qatar in certain cases. In addition, members wished to be informed about the general treatment of aliens, in particular, whether an alien could acquire citizenship of Qatar and what legal requirements had to be met in order to do so; whether a person must be of the Muslim faith, in addition to being a national of Qatar, in order to enjoy civil rights, particularly the right to inherit, or whether all Qatar nationals were in fact Muslims. Reference was made to the statement in the report that, because companies were still in the early stages of development, the prevailing feeling among workers was that there was no need for trade unions, and it was asked why the labour force in Qatar had not demanded that right, especially in view of the country’s rapid economic development and its trade relations with other countries; whether the right to form trade unions existed within Qatar’s legal system even though it was not exercised in practice, how the workers had been consulted in order to elicit their opinion on the establishment of trade unions and whether trade union legislation or a register of associations existed which might ultimately be used to form such unions. It was also asked what substantive laws the Labour Court, which had been established in Qatar in 1962, applied and whether the Government of Qatar had promulgated laws governing labour relations or whether the general principles of the shariˈa were applied in that area. Furthermore, specific information was requested about guarantees of the right to housing, health schemes, immunization programmes, hospitals and health services for mothers and children. It was also asked how education was provided, how many schools there were in Qatar and whether education was free.


292. In connection with article 7 of the Convention, it was asked what measures Qatar had adopted to inform the public of the provisions of the Convention.


293. Replying to questions raised by members of the Committee, the representative of Qatar stated that the existing laws, namely the shariˈa, were adequate to meet the requirements of article 4 and that no special laws were considered necessary. His Government’s request regarding a model legislation related to assistance in such matters as the extradition of those accused of the crime of racial discrimination and that if the Committee considered that such a model would be beneficial, Qatar was ready to accept that initiative.


294. As regards employment practices in regard to foreign workers, they fell into two categories. The first was a system based on agreements between countries with a large organized labour force; that system was regulated by special requirements and conditions. The other system covered private employment and was regulated by the provisions of labour contracts. In Qatar there were no regulations in certain areas such as the minimum wage.


295. With regard to article 5 of the Convention, he explained that the law in Qatar regulated the legal profession, and in addition, the shariˈa, which was the principal source of Islamic legislation, required that lawyers should have a profound knowledge of Islamic law. Such training was usually provided in law faculties throughout the Arab world, and it therefore followed that Arab lawyers found it easier to exercise their profession in Qatar. As for the right to inherit, an alien could invoke the laws of his own country. In such a case, the alien could be aided by a lawyer from his home country, and the latter would be assisted by a Qatar lawyer who would handle language difficulties or any other problems relating to a lack of knowledge of the laws of Qatar. The representative also pointed out that the entire population of his country was Muslim, but it was not necessary to be of the Islamic faith in order to become a citizen of Qatar. After a brief reference to the respect of various civil rights in Qatar, the representative stated that the need to form trade unions had not yet been felt because commercial enterprises were very small and generally family-owned and large transnational corporations did not exist in the country. Furthermore, the laws of Qatar provided that every citizen had the right to housing, and that right was implemented in a variety of ways, for example, through the granting of interest-free loans and free plots of land. Housing needs were not left in the hands of market forces alone and health care was completely free, both for citizens and aliens. Primary, secondary and university education were also completely free and scholarships were provided for study abroad.


296. In conclusion, the representative of Qatar stated that all the questions raised by the Committee would be transmitted to his Government and full information would be provided in his country’s next periodic report.


CERD A/45/18 (1990)



184. The fifth, sixth and seventh periodic reports of Qatar (CERD/C/129/Add.3, CERD/C/156/Add.2 and CERD/C/182/Add.1) were considered by the Committee at its 874th meeting, on 14 August 1990 (CERD/C/SR.874).


185. In his introductory statement, the representative of the State party quoted excerpts from the reports submitted by his Government and said that Qatar had not taken any legislative, judicial or other measure to give effect to the provisions of the Convention because his country’s legislative system and the Islamic Shariˈa were considered sufficient to prevent and punish any discriminatory acts. They were, moreover, strengthened by the incorporation in Qatar’s internal law of the International Convention on the Elimination of All Forms of Racial Discrimination and the International Convention on the Suppression and Punishment of the Crime of Apartheid. Qatar was nevertheless prepared to consider promulgating specific legislation on discrimination, mainly to facilitate agreements between States parties on the extradition of persons accused of crimes and other offences in that area.


186. The members of the Committee thanked the Government of Qatar and its representative for having initiated a dialogue with the Committee. They pointed out, however, that the absence in Qatar of any measures to give effect to the provisions of the Convention was inconsistent with the obligations assumed by Qatar on acceding to that international instrument and the reports submitted therefore did not furnish the information required under article 9 of the Convention. The reports stated that no acts of discrimination were committed in Qatar, yet it was apparent from the reports themselves that certain forms of discrimination on grounds of race, sex, religion or social status occurred among the country’s population, which for several generations had included a considerable number of foreigners and immigrants.


187. With reference to article 4 of the Convention, members of the Committee observed that there was a contradiction between the statement that the Convention had the mandatory force of Qatar’s internal law and had to be enforced by the courts and the fact that the internal law of Qatar contained no specific provisions relating to penalties for acts of racial discrimination. In that connection, members of the Committee wished to know how a person who was the victim of an act of racial discrimination could bring legal proceedings if such an act was not defined as an offence. They also noted that corporal punishment and the death sentence could be applied as a result of decisions taken by the courts of Qatar and they asked whether there had been instances where such penalties had been applied, including in the case of crimes involving racial discrimination. They also asked whether the Koranic law took precedence over other law and whether the preparation of legislation consistent with the Convention and other international instruments in the field of human rights had actually begun.


188. With regard to article 5 of the Convention, members of the Committee wished to be informed of the results of the census of immigrant workers conducted by Qatar in 1986. They wanted more information about the demographic composition of the population. They also asked what rights those workers enjoyed and whether the Government planned to ratify the International Labour Organization Conventions on freedom to form and join trade unions, on application of the principles of the right to organize and to engage in collective bargaining and on discrimination in employment and occupation. It was pointed out that, according to ILO information sources, trade unions were prohibited in Qatar and there were in that country forms of discrimination between foreign and national workers as regards remuneration, conditions of work and working hours. Information was also requested concerning the prohibition of access to public service by naturalized citizens of Qatar. Further, it was asked why non-citizens were limited in access to public places and services and were subject to restrictions on the free choice of employment. Members of the Committee pointed out that several provisions concerning labour were incompatible with the provisions of article 5 of the Convention. They were concerned at reports that foreign workers had to work a 48-hour week and that female domestics had to work 15 hours a day for seven days a week throughout the year. They wished to know whether such persons were entitled to have their children with them in Qatar and what type of education the children received. According to certain allegations, some women of Indian and Bangladesh married citizens of Qatar in their own country and were then brought by their husbands to Qatar where they were treated not as spouses but as servants.


189. With reference to article 6 of the Convention, members asked whether a non-Arab lawyer could plead in Arabic before a court in Qatar.


190. Regarding article 7 of the Convention, members of the Committee wished to know whether prevention of discrimination was included as a subject in educational curricula and whether the texts of instruments relating to human rights were studied in the schools.


191. The representative of Qatar said that he did not agree with some of the criticisms voiced in the Committee concerning the implementation of the Convention in his country. He reaffirmed that the Government of Qatar was not aware of any violations of the Convention in its territory that called for special legislation.




CERD A/48/18 (1993)



86. The Committee considered the eighth periodic report of Qatar (CERD/C/207/Add.1) at its 964th and 983rd meetings, held on 5 and 18 March 1993 (see CERD/C/SR.964 and 983).


87. The report was introduced by the representative of the State party, who underlined that article 9 of the provisional Constitution of Qatar established the equality of all individuals and prohibited the promulgation of laws permitting discrimination on the basis of origin, sex or religion. In addition, article 5 of the provisional Constitution declared the adherence of Qatar to the principles contained in the Charter of the United Nations, which included condemnation of racial discrimination. Discrimination was also prohibited under Islamic law (Shariah), which was the principal source for the legislation of Qatar. Both the International Convention on the Elimination of All Forms of Racial Discrimination and the International Convention on the Suppression and Punishment of the Crime of Apartheid formed part of the domestic law of Qatar and could be invoked before the courts. Courts in Qatar could award compensation to victims of discrimination by invoking article 4 of the Civil Code. However, since acts of racial discrimination were unknown in Qatar, there had not been a need to adopt specific legislation in that regard.


88. While welcoming the assurances given by the representative that the Convention had been incorporated in domestic law, members of the Committee pointed out that the Convention obligated States parties to undertake legislative, judicial, administrative and other measures to give effect to its provisions. Additionally, legislation expressly prohibiting racial discrimination and racist propaganda would have a useful preventive effect.


89. Members of the Committee requested further information on the demographic composition of the population and, in particular, statistical indicators on the health, life expectancy, and access to housing and education of foreign workers.


90. With respect to article 2 of the Convention, members of the Committee wished to know whether article 9 of the Constitution, which guaranteed the equality of all individuals in regard to their rights and obligations, also applied to non-citizens; whether non-Arabs were able to acquire Qatar nationality; whether foreign workers were discriminated against; whether the Government intended to adopt legislation prohibiting discrimination against foreign workers; and whether integrationist, multiracial organizations would not be of benefit in Qatar.


91. In regard to article 5 of the Convention, members asked whether free choice of employment was guaranteed to foreigners; whether foreign workers had access to all professions and trades; whether the Government envisaged measures to eliminate differences between citizens and foreign workers concerning access to all trades; whether non-citizens were eligible to receive social security benefits; and whether freedom to leave the country and return was guaranteed to non-citizens. Noting that the legislation restricting non-Arab lawyers from pleading a case before the courts was discriminatory, members asked for further information on the relevant regulations. With respect to freedom of religion, members asked what facilities were available to non-Muslims for the practice of their religion.


92. With respect to article 6 of the Convention, members wished to have further information on specific legislation providing for compensation to victims of discrimination, and on the procedures used to decide whether compensation was to be awarded and in what amount, and wished to know what amounts had been awarded in the past as compensation. They also asked what were the respective competences of civil and religious courts in cases concerning racial discrimination; whether the religious courts based their decisions on the Koran, the Sunna or on jurisprudence; and what guidelines existed governing access of victims of discrimination to the civil and religious courts. Members also requested further information relating to the role of the Labour Court in protecting persons against discrimination.


93. Responding to the questions and comments of the members of the Committee, the representative of the State party said that Palestinians had been residing in Qatar for over 40 years and that a number of them had acquired citizenship. During the Gulf war, no Palestinians had been expelled from the country. The Palestinian community enjoyed all rights guaranteed under the law.


94. Foreign workers signed contracts with their employers for one or two years’ duration. Medical care was provided free of charge to foreigners and access to medical care was guaranteed to all. Additionally, the right to education was guaranteed to all under the law. The Asiatic and European communities in Qatar had begun to create their own schools under the control of the Ministry of Education and instruction was available in various languages. Freedom of religion was also guaranteed. Anyone could practise the religion of his or her choice, although there were no Christian churches or Buddhist temples in Qatar because those religions were celebrated in the homes of their adherents.


95. The representative stated that the Government envisaged some revision of its laws so that they might conform to modern legislation. Those revisions if adopted, would accompany the next report Qatar would submit to the Committee. Other questions raised by members of the Committee would also be answered in that report.


Concluding observations


96. The Committee welcomed the Government’s willingness in principle to introduce new legislation to bring its existing laws into conformity with the Convention. It repeated its offer of assistance from the advisory services programme of the Centre for Human Rights.


97. The Committee drew the attention of the Government to General Recommendations I and II and reiterated its request for further demographic data in accordance with General Recommendation IV.


98. While appreciating that there might be little evidence of racial discrimination in Qatar, the Committee emphasized the preventive value of legislative measures.


99. The Committee noted the view of the Government that the Shariah courts and the civil courts together offered sufficient remedies for any charges of racial discrimination that might be brought. The Committee was concerned about the criteria by which a Shariah court would determine an appropriate punishment and queried the necessity of separate proceedings in the civil court for the victim to obtain compensation in accordance with article 6 of the Convention.



CERD A/57/18 (2002)


183. The Committee considered the ninth, tenth, eleventh and twelfth periodic reports of Qatar, submitted as one document (CERD/C/360/Add.1), at its 1503rd and 1504th meetings (CERD/C/SR.1503 and 1504), held on 8 and 11 March 2002, and adopted the following concluding observations at its 1518th meeting (CERD/C/SR.1518), held on 20 March 2002.


A. Introduction


184. The Committee welcomes the report submitted by the State party and the additional information provided by the delegation of Qatar in its oral presentation. It is pleased to have resumed a dialogue with the State party, which was interrupted after 1993 when the Committee examined the eighth periodic report of Qatar.


185. The Committee wishes to emphasize, however, that the report submitted is not entirely consistent with its guidelines. It notes that the State party has not submitted general information in the first part of the report, or in a core document. Equally, the report contains insufficient information on how the Convention is applied in practice.


B. Positive aspects


186. The Committee welcomes the political reforms on which the State party has embarked, and notes in particular the review of legislation on civil liberties, the lifting of censorship on the printed media, the first elections to the Central Municipal Council, conducted with universal and equal suffrage in 1999, and the announcement of the forthcoming establishment of an elected parliament.


187. The Committee also notes with satisfaction that the State party has established a committee to draft a permanent constitution. It notes in particular the information from the delegation of Qatar that all sectors of society are represented in that committee.


188. The Committee welcomes the State party’s declared intention to ratify in the near future the Convention on the Elimination of All Forms of Discrimination against Women, and the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict.


189. The Committee welcomes the assurance by the delegation of Qatar that it will forward to the competent governmental authorities the Committee’s suggestion that the State party ratify the amendments to article 8, paragraph 6, of the Convention adopted on 15 January 1992 at the Fourteenth Meeting of States Parties, and should make the declaration provided for in article 14 of the Convention.


C. Concerns and recommendations


190. The Committee again expresses its concern over the repeated affirmations by the State party that it has no need to take action to implement articles 2, 3 and 4 of the Convention because there is no racial discrimination in Qatar. It wishes to point out that States parties are required under the Convention to take legislative, judicial, administrative and other measures to give effect to its provisions, even in the apparent absence of racism.


191. While noting that the Provisional Constitution, as well as provisions of the Islamic Shariah, the principal source of Qatar legislation, prohibit acts of racial discrimination, the Committee is of the opinion that the mere statement of the general principle of non-discrimination in the Constitution is not a sufficient response to the requirements of the Convention. The Committee recommends that the State party adopt legislation that meets the requirements of articles 2, 3 and 4 of the Convention. In this connection, the Committee draws attention to its general recommendations I, II, VII and XV, and emphasizes the preventive value of legislation expressly prohibiting racial discrimination and racist propaganda. It hopes that the next periodic report of the State party will describe the progress made in this respect.


192. As regards the right to equal treatment before the courts, the Committee takes note of the details provided by the delegation on the judicial reforms under way with a view to the establishment of a single jurisdiction for the enforcement of new legislation in areas including civil, commercial and penal law. It would like to know whether, given the current state of legislation, non-citizens and non-Muslims who suffer discrimination and who are entitled to bring proceedings before a civil court can also bring their cases before the Islamic Shariah courts. The Committee also wishes to know to what extent the Convention can be invoked before the civil and Shariah courts, and what rules of the Shariah answer to the requirements of the Convention. It wishes to receive more information about the relationship between the Provisional Constitution of 1972, in particular article 9 guaranteeing equality before the law, and the principles of Shariah as a source of law.


193. The Committee notes the information provided by the delegation on the conditions governing the acquisition of the nationality of Qatar. It is nonetheless concerned at the distinction made in article 3 of Act No. 3/1963, as amended by Act No. 3/1969, between nationals of Arab countries and others as regards the length of time they must reside in Qatar before they can submit an application for naturalization. The Committee requests the State party to consider the possibility of modifying this provision in order to conform to article 5 (d) (iii) of the Convention. It wishes also to receive more information regarding modalities for the acquisition of nationality for children of mixed marriages.


194. The Committee notes with concern the distinction drawn between citizens by birth and naturalized citizens as regards access to public office and other kinds of employment, as well as the right to vote and to stand for election. The Committee believes that the supplementary conditions attached to the exercise of these rights by naturalized citizens are not consistent with article 5 (c) and (e) (i) of the Convention. It recommends that the State party bring its legislation into line with article 5 of the Convention. It also requests that the next periodic report of the State party provide information on the number of naturalized persons in Qatar and their nationalities before naturalization.


195. Concern was expressed that marriage between nationals of Qatar and foreigners is subject to prior approval by the Minister of the Interior. The Committee requests the State party to explain in its next periodic report the reason for such a restriction on the right to marry and choose one’s spouse, and would like to have further information on the scope of this restriction.


196. The Committee also notes with concern that the State party does not appear to guarantee freedom of marriage between nationals and non-nationals unless the latter are nationals of States members of the Gulf Cooperation Council. Such a distinction, based upon national origin, does not, in the Committee’s view, appear to be consistent with article 5 (d) (iv) of the Convention.


197. The Committee notes that the State party’s legislation does not, in principle, allow members of different religions to inherit from each other; it has learned from the delegation’s explanations, however, that a Muslim can draw up a will in favour of a non-Muslim. The Committee emphasizes that such a situation should not result in certain categories of people being excluded from the right to inherit, given the requirements of article 5 (d) (iv) of the Convention. The Committee asks the State party to include fuller information on this subject in its next report.


198. Members of the Committee noted that foreigners leaving the territory of the State party must present a guarantee or a certificate. The Committee wishes to know whether this requirement extends to all foreigners.


199. The Committee notes that, as a general rule, foreigners are not permitted to own real estate in Qatar, except within certain limits. The Committee would like to receive more information about these limits.


200. On the subject of education, the Committee notes with satisfaction the existence of numerous schools run by foreign nationals, which follow varying curricula. In this regard, the Committee requests that the next report provide more information on the extent and nature of the Minister of Education’s supervision of the curricula in these schools and how the integration of these schools into the national school system is sought.


201. The Committee recommends that the State party institute training programmes on human rights and understanding among ethnic groups for law enforcement officials, including policemen, military and prison staff, and members of the judiciary.


202. While noting with satisfaction that minorities are entitled to practise their religious rites, the Committee wishes to receive further information regarding limitations on this right, based on respect for public order or Islamic precepts.


203. The Committee has taken careful note of the assurances by the State party delegation that the law guarantees all workers equal status. It wishes, however, to obtain further information on the practical implementation of this principle, particularly given the high proportion of migrant workers in Qatar. The Committee requests the State party to include in its next periodic report statistics disaggregated by migrants’ national origin, which would provide a better understanding of the economic and social standing of non-nationals of Qatar in relation to their national and ethnic origins.


204. The Committee requests the State party to include in its next periodic report information on progress made in establishing a national human rights institution, and further details of the intended membership, mandate and status of that institution. In this connection, it draws the attention of the State party to the Paris Principles annexed to General Assembly resolution 48/134.


205. The Committee recommends that the State party take into account the relevant parts of the Durban Declaration and Programme of Action when implementing the Convention in the domestic legal order, in particular in respect of articles 2 to 7 of the Convention, and that it include in its next periodic report information on action plans or other measures taken to implement the Durban Declaration and Programme of Action at national level.


206. The Committee recommends that the text of the Convention and its own concluding observations be disseminated as widely as possible. It notes with satisfaction the delegation’s statement that the Al-Jezira television network of Qatar could play an important role in publicizing the Convention and the work of the Committee within the Arab world.


207. The State party is invited to include in its next periodic report specific information on the composition of the population, including its ethnic and demographic characteristics.


208. The Committee recommends that the State party submit its thirteenth periodic report together with the fourteenth report, due on 21 August 2003, as an updated report responding to all the points raised in these concluding observations.



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