Individual Case (CAS) - Discussion: 2002, Publication: 90th ILC session (2002)

A Government representative referred to paragraph 2 of the Committee of Experts' observation which noted with interest that the Civil Service Law No. 1 of 2001 had repealed section 82 of the previous law, which gave the authorities the power to end labour contracts with nurses as of the fifth month of pregnancy. Section 110 of the new law gave more privileges to the category of nurses by granting, inter alia, paid maternity leave for two years.

The speaker drew attention to the fact that the Labour Code of 1962 and the Civil Service Law did not discriminate amongst workers on the basis of race, colour, national extraction, sex, or religion. Furthermore, the Constitution declared that all Qataris are equal in rights and duties without discrimination on the basis of race, sex or religion, and the Penal Code imposed penalties on anyone violating these principles. She recalled that the Committee of Experts had welcomed the achievements made by the State of Qatar with respect to education and training for women and their participation in the labour market. For instance, women's participation in the Administrative Development Institute increased from 26 per cent in 1997 to 42 per cent in 2001.

The speaker listed numerous examples of women occupying higher level posts. The participation of women had also increased in the various ministries between 1999 and 2000 due to the government policy to promote the employment of women and the Council of Ministers' Decree on the formulation of specific policies for women, which aimed at reinforcing the role of the family in society and employment. The new draft of the Labour Code also included vocational training and a chapter regulating women's employment and rights. The technical assistance provided by the ILO office in Beirut had provided an expert to help the Government bring Qatar's new draft Labour Code into conformity with the ratified Conventions.

With respect to discrimination on the basis of race, colour, national extraction and religion, referred to in the comments made by the International Confederation of Arab Trade Unions (ICATU), she pointed out that Qatar had not responded to the ICATU's comments as it had already initiated a process of constructive dialogue with them to resolve the issues that were raised in their comment. As a result, the ICATU had withdrawn their comment.

The Government representative pointed out that the State of Qatar was a relatively modern State in view of its recent independence which was only in 1971. Nevertheless, it had been actively taking measures and was involved in numerous forums and symposia on the issues of women, employment, training, and human resources development. Such issues were priorities in Qatar, and her country and it had solicited the ILO's technical assistance in order to examine the labour market and the possibilities of increasing employment opportunities for women, especially in the non-governmental sector.

She concluded by reiterating the commitment of her Government to put into effect the provisions of the Convention through the promulgation of laws and decrees in order to ensure the equality of its citizens as to rights and obligations, without discrimination on grounds of race, colour, national extraction, sex and religion. The Government would provide the Committee of Experts with a detailed report submitted in good time.

The Employer members stated that it was superfluous for the Government to complain about having been placed on the list of cases, as this list had been established a week ago, and recalled that good cooperation amongst the members of the Committee required Governments to be brief in their statements. They noted the positive developments indicated in the Committee of Experts' report, such as the repeal of section 82 of the Public Service Act, which authorized the authorities to terminate the employment contracts of nurses as from the fifth month of their pregnancy, as well as statistical information reflecting increases in the percentage of women employed in various sectors of the economy. With respect to the meaning and significance of Convention No. 111, they pointed out that failure to achieve immediate numerical equality did not mean that an equality policy was not being pursued. Numerical equality would only be possible in a planned economy which prohibited individual choice of occupation. They observed that the persistence of gender segregation in certain fields of employment was a phenomenon witnessed in other regions of the world, including the industrialized countries. The difficulty facing Qatar was therefore a familiar one deeply rooted in ideas and attitudes passed on from one generation to another, and it would take time and experience to overcome the traditional occupational preferences of women and men. Nevertheless, the enactment of specific provisions prohibiting employment discrimination was one step towards eradicating the problem, and on this point they noted that the Government had yet to adopt any such legislation. They concluded by requesting the Government to adopt the measures necessary to ensure real, meaningful equality in employment.

The Worker members noted that the Committee of Experts' report identified several shortcomings with regards to discrimination on the grounds of sex, but had also acknowledged the slight progress made in the areas of education and training and participation in the labour market. The crucial shortcoming, however, remained the absence of a national policy to promote the principles of Convention No. 111. They stressed the necessity of formulating such a policy, and asked that this constitute the main point of the conclusions. Noting that the Government's report to the Committee of Experts focused exclusively on discrimination on the basis of sex, they inquired as to whether discriminatory practices on other grounds existed in Qatar and requested that the Government supply information respecting all the grounds of discrimination covered by Convention No. 111 in its next report. They further requested the Government to provide information regarding the concrete targets of its educational policies concerning women, as well as information on any consultations it may have held with worker organizations. Turning to the report of the Committee of Experts, they expressed surprise that the Committee of Experts had noted the communication from the International Confederation of Arab Trade Unions (ICATU), which alleged flagrant violations of Convention No. 111, without specifying or discussing these violations - which pertained to the unequal treatment of foreign workers, measures depriving foreign workers of their freedom of movement, and significant wage differentials between foreign workers and Qatar nationals. The Committee of Experts should seek clarification as to the nature of these serious allegations, or otherwise make no reference to them at all; merely noting these violations might have created unnecessary confusion. Finally, they expressed the hope that the Government would supply information as to how Articles 2 and 3 of Convention No. 111 were being promoted, and asked that this last statement be included in the conclusions.

The Worker member of Senegal recalled that the case of Qatar was being examined by this Committee because the Committee of Experts had observed that it did not have at its disposal the information to assess concrete measures to actively promote equality in the field of employment and occupation, measures which should be aimed at the elimination of all the forms of discrimination indicated in the Convention. The announcement of a new Labour Code, which would reflect the principles and objectives of the Convention, was certainly a positive element. However, before making any conclusions, it was necessary to wait for its implementation in practice. In this country, a certain number of conservative forces still acted against the provisions of the Convention. It was still difficult to assess the real significance of women's participation in the labour market. Statistical information showing the distribution of men and women in the different occupational sectors showed the existence of a certain level of discrimination. The division found in practice imposed on the Government an obligation to promote genuine equality of opportunity and treatment in employment and occupation. In this regard, the announced repeal of section 82 of Act No. 1 of 2001, as a result of which the employment of nurses could no longer be terminated as from the fifth month of their pregnancy and the nurses could enjoy maternity leave of two years, was evidently a positive event. However, a very evident phenomenon of ostracism against women at the level of ministries and the highest positions in the public service, as well as statistics on the number of women with university degrees seeking employment and, more generally, statistics of the participation of men and women in the labour market, showed the reality of the situation. The Government should be also invited to indicate precisely the measures taken with regard to other forms of discrimination covered by the Convention and, more generally, to describe the policy that it was pursuing, within the framework of genuine social dialogue, in order to make a real break with the past.

The Worker member of Bahrain expressed his appreciation for the Government's report, including the information on economic and social reforms taking place. He also highlighted the role of the regional office in Beirut. He noted the positive steps that had been taken and hoped that the Government would be given the chance to implement the necessary reforms.

The Government representative stated that she had listened attentively to the Worker and Employer members who had spoken. Her Government intended to take into account these views, as well as those of the Committee of Experts. The new law took all of the issues raised into account, and the existing laws governing the public and private sectors did not allow discrimination on any basis. The Government would respond in full in future reports. Concerning allegations of discrimination against foreign workers, the speaker stated that freedom of movement was guaranteed to everyone in accordance with their employment contract, that workers were not forced to do any job without their consent, that they were free to leave before the end of their contract, that they were paid an indemnity for termination of a contract and that employers paid their repatriation costs.

The Government representative wished to clarify that according to last year's Committee of Experts Report, nationality was not one of the criteria for discrimination under the Convention.