Individual Case (CAS) - Discussion: 2016, Publication: 105th ILC session (2016)

A Government representative said that the case had been examined in the context of a representation submitted in June 2014 and that Qatar had already expressed its willingness to implement the recommendations made by a tripartite committee and adopted by the Governing Body in June 2015. In addition, the Committee of Experts had considered that “the time elapsed between the adoption of the recommendations by the Governing Body (June 2015) and the deadline for submitting reports under article 22 of the ILO Constitution (1 September) might have been too short for the Government to report significant progress on the implementation of the recommendations …”, and had recalled that the Government was due to submit its report in 2017. He also questioned the purpose and usefulness of discussing the case such a short period after the publication of the recommendations of the tripartite committee. With regard to the questions raised by the Committee of Experts concerning paragraphs 32, 35, 36, 40, 42, 46 and 48 of the report of the tripartite committee, he wished to clarify a number of points, namely that: (i) crew members in the national air carrier had new employment contracts which guaranteed ground staff posts for pregnant workers; (ii) regarding paragraph 36, the prohibition relating to women’s access to company premises was only limited to the administrative buildings, and did not apply to the staff accommodation buildings, and was binding on men and women alike; (iii) under the new contracts, crew members were free to marry and change marital status in general, without prior authorization. That was consistent with section 98 of the Labour Code, which prohibited an employer to terminate the contract of an employee because of marriage; (iv) the rules governing rest periods did not contain any discrimination against women; and (v) the Government had paid great attention to the tasks of the labour inspectorate to ensure the effectiveness of law enforcement and had increased the number of labour inspectors.

With regard to the request by the Committee of Experts to amend sections 93 and 98 of the Labour Law, articles 28 and 35 of the Constitution required the State to guarantee free entrepreneurship and to prohibit any form of discrimination based on sex, race, language or religion. In addition, Labour Law No. 14 of 2004 and Law No. 9 of 2009 on human resources made no distinction between men and women with respect to wages or careers. On the contrary, women had a number of privileges such as: (i) the right to bonuses and other allowances that were normally granted to married employees; (ii) paid leave in the case of a disabled child; and (iii) paid maternity leave. Regarding the adoption of legislation to improve women’s participation in the labour market, the “Qatar Vision 2030”, adopted in 2008, emphasized the effective role of women in society both economically and politically. Regarding the issue of migrant domestic workers, a draft law regulating their activities was being prepared. Although that category of workers was not covered by the labour legislation, it was still covered by civil law. In addition, their contractual relationship with employers was governed by model contracts annexed to the bilateral agreements signed by the Government of Qatar with labour-supply countries. Protection under criminal law was guaranteed by section 322 of the Penal Code. The Committee of Experts had also requested the Government to take the necessary steps for the adoption of legal provisions prohibiting sexual harassment at work. Section 291 of the Penal Code expressly provided for such protection. As for Law No. 21 of 2015 regulating the entry and exit of expatriates and their residence, there was no doubt that it had abolished the sponsorship system. It was no longer possible to require a worker to remain under contract with only one employer. Regarding the activities of the Department of Labour Inspection, in 2016 a total of 110 women and men inspectors had been trained in cooperation with the Arab Labour Organization, the Institute of Management and the National Department of Rights. There were currently 397 labour inspectors for 4,000 workers, which exceeded the ratio envisaged by the ILO, namely, about one inspector for 10,000 workers. In conclusion, he said that, in its report due in 2017, the Government would not fail to include: (i) copies of bilateral agreements and employment contracts; (ii) copies of new employment contracts between private employment agencies and workers; and (iii) new statistics on women’s participation in the labour market.

The Worker members said that they continued to receive alarming reports from migrant workers about the abuse of their fundamental rights, including discrimination in employment. The Committee of Experts had made observations on several aspects relating to discrimination in occupation and employment in Qatar and a representation submitted by the International Transport Workers’ Federation (ITF) and the International Trade Union Confederation (ITUC) had resulted in a tripartite committee report, which had been adopted by the Governing Body in June 2015. The Government claimed that progress had been made in some areas. However, the flight crew of the national airline continued to face discrimination in practice, in violation of the Convention. The representation alleged that the existing employment contracts provided that employees were required to obtain prior permission from the company if they wished to change their marital status. Referring to the representation and its recommendations, the Worker members welcomed the introduction of new contracts, but noted that the changes appeared to be cosmetic. In practice, there appeared to be a continued requirement for government approval of marriage requests. Furthermore, the company was employing a new tactic, namely issuing cautionary letters to employees, ostensibly on the grounds of performance, and forcing them to resign, although the only possible reason for such action appeared to be a request for a change in marital status. In addition, under the new contract, women who became pregnant were offered temporary ground jobs. However, most unmarried women cabin crew resigned as soon as they knew that they were pregnant, out of fear that if they informed their management they would be terminated, as having a child outside marriage was illegal in Qatar (which in itself was a discriminatory measure). Informing management of the change in marital status had led to retaliatory dismissal. The Government needed to provide statistics to show how many pregnant employees were in fact offered ground jobs, how many took alternative jobs, and how many resigned upon pregnancy. Moreover, it was still prohibited for women employees to be dropped off or picked up from the company premises accompanied by a man other than their father, brother or husband. This was gender-based discrimination. The Government continued to emphasize that this prohibition related specifically to compliance with a particular cultural norm in Qatar. In its report to the Committee of Experts, the Government had made the preposterous statement that it had not found any violations related to discrimination in employment and occupation. There was, however, no evidence, for example, that labour inspectors had ever visited the national airline premises. As noted with regard to the Labour Inspection Convention, 1947 (No. 81), the Government must conduct labour inspections proactively and provide statistical information to the Committee of Experts on the activities carried out by the labour inspectorate. The Worker members were particularly interested in information pertaining to the 75 women labour inspectors hired by the Government.

With reference to Labour Law No. 14 of 2004 and the 2009 Civil Service Law, which did not specifically prohibit discrimination on the grounds set forth in the Convention, the Worker members urged the Government to amend these laws, and specifically sections 93 and 98 of the Labour Law, to ensure that the legislation covered all recognized grounds of discrimination, in both its direct and indirect forms, and applied them to all aspects of employment and occupation. Domestic workers continued to be excluded from the scope of labour legislation, despite repeated promises to amend the legislation, consistent with the Domestic Workers Convention, 2011 (No. 189). As a result, domestic workers had no legal rights as workers under Qatari law. Some of those rights might be specified in employment contracts during the recruitment process but, without the force of a legal requirement, it was unclear how workers could enforce them. The Worker members were also concerned that the Government had not provided information on measures to address discrimination in the workplace, including measures to promote the employment of women. In 2011, the Qatar Statistics Authority had released a report indicating that men earned 25 to 50 per cent more than women. In the workforce, it had been documented that women accounted for a mere 14 per cent of leadership positions. Some companies also demanded letters from male relatives allowing women to work. Evidence showed that Qatar had much more to do to promote equality in the workplace. The Worker members supported the observations of the Committee of Experts in this regard and urged the Government to take immediate steps to ensure that women did not face gender-based discrimination in the workplace. In addition, the legislation did not adequately prohibit sexual harassment, nor were there effective means of redress, remedies or sanctions. The Government was therefore urged to follow the recommendations of the Committee of Experts in this regard. Finally, the Worker members noted the observations of the Committee of Experts regarding discrimination against migrant workers, in particular in the context of the sponsorship system (kafala). This issue, raised initially under the Forced Labour Convention, 1930 (No. 29), had been taken up by the Governing Body. They emphasized the need for the Government to move expeditiously to abolish the kafala system, as well as the need to undertake the reforms recommended by the Committee of Experts and the Conference Committee with regard to Conventions Nos 29 and 81. Moreover, the determination of wage rates according to the country of origin was blatantly discriminatory, and immediate efforts needed to be made to ensure that workers were paid according to their work, and not according to their nationality.

The Employer members thanked the Government for the information provided. Recalling that the Convention required each ratifying member State to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment, in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof, they indicated that this case had been the subject of eight observations by the Committee of Experts since 2001 and that it had been already examined by the Conference Committee in 2002. They expressed deep concern at the fact that the observations of the Committee of Experts directly named an enterprise. In light of the fact that the observation under the Convention applied to government action, they recalled that the protocol of the Conference Committee did not permit the use of the names of enterprises in the discussion of a case. With regard to the observation of the Committee of Experts concerning the follow-up to the recommendations of the tripartite committee set up to examine a representation made under article 24 of the ILO Constitution by the ITUC and the ITF, and adopted by the Governing Body in June 2015, the Employer members urged the Government to follow up on the request made by the Committee of Experts to submit detailed information on the measures taken in the airline sector in its next article 22 report on the application of the Convention.

Recalling that the Committee of Experts had observed that no information had been provided by the Government on the practical measures taken to address discrimination in employment based on gender, political opinion, national extraction and social origin, and that no legislative framework was in place to address this issue, they urged the Government: (i) to adopt a clear legislative framework prohibiting discrimination based on Article 1(1)(a) of the Convention; (ii) to provide the Committee of Experts with a full report on the measures taken in practice to ensure that individuals were not subject to discrimination; (iii) to provide information on the practical measures taken to improve the participation of women in the labour market pursuant to the Qatari National Development Plan (2011–15); and (iv) to adopt measures to ensure real and meaningful equality in employment. With regard to the amendment of sections 93 and 98 of the Labour Law of 2004, they recalled that the Committee of Experts had made observations related to the incorporation of political opinion, national extraction and social origin in the prohibited grounds of discrimination. With respect to the principle of the prohibition of discrimination on the basis of gender, they noted that since 2006 the Committee of Experts had expressed concerns regarding the legislative framework to ensure the prohibition of sexual harassment in the workplace. In this regard, they urged the Government to adopt a clear legislative framework addressing discrimination, including discrimination on the basis of gender, including the prohibition of sexual harassment in the workplace. They emphasized that the legislative framework should include a system for hearing and the determination of complaints, as well as remedies and sanctions. With respect to issues of discrimination against migrant workers, the Committee of Experts had observed with concern that the vast majority of economically active workers in the country were non-Qatari, and that the kafala system limited the possibility for migrant workers to change employer, even in cases where the workers had experienced discrimination. In this regard, they welcomed the information provided by the Government on the abolition of the kafala system and urged the Government to provide information on the legislative framework and measures taken in practice to protect workers from discrimination, including migrant workers.

The Employer member of Qatar emphasized that the case had already been examined by a tripartite committee, which had made recommendations that had been adopted by the Governing Body in June 2015. The Government had replied to these recommendations and the Committee of Experts had taken note of that reply in its report. He expressed concern at the comments made by the Committee of Experts, which clearly mentioned the name of a multinational enterprise. This constituted defamation and was harmful to the economic interests of the multinational enterprise in question. It was therefore important to remove any such reference from the report of the Committee of Experts. The Government had demonstrated its goodwill by adopting a legislative framework that granted adequate protection to all workers. Bank transfers of wages were operational and Law No. 21 of 27 October 2015 had been passed. In its report, the Committee of Experts had requested the adoption of legislation to increase the participation of women in the labour market. Equality of treatment between men and women was guaranteed by the Constitution, and women had obtained various high-level posts, including as ministers, heads of enterprises, prosecutors and ambassadors. The latest figure was some 6,500 businesswomen. He requested that his Government be given more time to apply Law No. 21 of 27 October 2015, as only once it had been implemented would it be possible to assess any potential gaps. Tripartite consultations could then be held to address them.

The Government member of Oman, also speaking on behalf of the United Arab Emirates, Bahrain, Saudi Arabia, Kuwait and Yemen, welcomed the Government’s efforts to comply with international labour standards, especially the action taken to develop laws and regulations aimed at ensuring the rights of all workers. It was regrettable to notice that some cases were picked up regularly, particularly when such cases had been discussed in previous sessions, or were still under discussion by other ILO committees, and that sufficient time had not been given to the Government to implement earlier recommendations by ILO supervisory bodies. The case of Qatar, which was under discussion, was an example of a case in which insufficient time as been given for the implementation of previous recommendations. The Government had adopted laws to promote gender equality. He said that statistics for women in the labour market were not necessarily an indicator of discrimination, as some women in Arab societies wanted to be full-time housewives to raise their children. However, the statistics provided were a good indicator of the great effort made by Qatar to promote the participation of women in the labour market. Moreover, the draft law on domestic workers was a clear indication that the Government was willing to provide protection for all workers on its territory. He emphasized the support of the Gulf Cooperation Council for the action taken by the Government, and particularly the development of laws and regulations in line with international labour standards, including the Convention. He hoped that Qatar would provide the information requested in its next report to the Committee of Experts.

The Government member of the United States said that, since the entry into force of the 2003 Constitution of Qatar and Labour Law No. 14 of 2004, the Committee of Experts had repeatedly observed that Qatar’s laws fell short of effectively prohibiting discrimination with respect to employment and occupation on the grounds set out in the Convention, and particularly on those of political opinion, national extraction and social origin. The Committee of Experts had also observed that certain categories of workers, including domestic workers, were excluded from the coverage of the Labour Law. The Government had taken some measures to promote equality of opportunity in employment since the legal changes of 2003 and 2004. These measures included efforts targeting the workforce participation of women and strengthening the Government’s capacity to receive complaints and enforce labour laws. She nevertheless called on the Government to renew its commitment and redouble its efforts to protect all workers in the country from discrimination and to promote equality in employment and occupation. She specifically urged the Government to: implement the recommendations of the tripartite committee (article 24 of the ILO Constitution) adopted by the Governing Body in June 2015 and provide the requested information on the implementation measures to the Committee of Experts at its 2016 session; amend Labour Law No. 14 of 2004 to incorporate provisions explicitly prohibiting discrimination in employment on the basis of political opinion, national extraction and social origin; adopt legislation on domestic workers in line with Convention No. 189; and, as requested on several occasions, remove restrictions that could prevent migrant workers from terminating their employment relationship. She finally encouraged the Government to strengthen its national policy on non-discrimination in employment by modifying Law No. 21 of 2015 accordingly, before its entry into force in 2016.

The Employer member of the United Arab Emirates welcomed the Government’s efforts and the positive measures taken to continue the constructive dialogue and cooperation with the ILO and all relevant stakeholders, which emphasized its political will to increase the promotion and protection of workers’ rights. In particular, the national legislation prohibited discrimination on the basis of political opinion, social or ethnic origin or religious belief, and also prohibited discrimination against women with regard to employment. The Government also made sure that the rights of domestic and foreign workers were respected, including through stringent laws on sexual harassment. Emphasizing that the national legislation had abolished the sponsorship system (kafala), he called on the Committee to take due note of the progress made in this regard and to give more time to the Government to implement changes. While encouraging the Government to continue making progress, he also pointed out that employers needed to take measures, for example by reducing working hours during Ramadan. In conclusion, he recalled that companies should not be named in the observations of the Committee of Experts.

An observer representing the International Transport Workers’ Federation (ITF) said that, having filed the representation against Qatar for non-observance of the Convention together with the ITUC, the ITF was familiar with the Government’s failure to develop a legal framework to protect the rights of women workers and to enforce existing legal provisions. The Committee of Experts had observed that the Constitution and Labour Law of Qatar did not contain specific provisions to protect workers against direct and indirect discrimination, pursuant to Article 1(1)(a) of the Convention. The Constitution of Qatar unequivocally provided that all persons were equal before the law and that there would be no discrimination whatsoever on grounds of sex, race, language or religion. Sections 96 and 98 of the Labour Law also provided for equal pay for equal work and protection against dismissal on the grounds of marriage and maternity. However, this fell short of effectively prohibiting discrimination on all the grounds set out in the Convention. He encouraged the Government to follow the suggestion of the Committee of Experts and to amend the Labour Law to incorporate political opinion, national extraction and social origin as prohibited grounds of discrimination. He also hoped that the country’s labour inspectorate would carry out gender-sensitive inspections in the national airline and in all workplaces to help eradicate the discriminatory practice of government approval for marriage, which had a direct impact on the reproductive rights of women workers, as having a child outside marriage was illegal. Recalling that the ratification of Convention No. 189 would constitute real progress in pursuing the objectives that it enshrined, he welcomed the Government’s indication that it would shortly adopt legislation on domestic workers in line with that Convention.

The Government member of Switzerland urged the Government to adopt a clear legislative framework for the protection of workers against discrimination in employment and occupation, whether based on race, colour, gender, religion, political opinion, national extraction or social origin. She welcomed the Government’s intention to adopt a law on domestic workers that was in conformity with Convention No. 189 and she encouraged it, along with the country’s competent bodies, to take steps to adopt and implement such a law as soon as possible. On the other hand, she had learned with dismay of the shortcomings of Qatar’s legislative framework for the protection of men and women workers against sexual harassment and she supported the request by the Committee of Experts for it to adopt appropriate provisions on the subject. At the 2015 meeting of the Conference Committee, the Government of Switzerland had welcomed the Government’s decision to progressively abolish the sponsorship system. She trusted that the new legislation would respect fully the rights of all migrant workers. She noted with regret that Law No. 21 of 27 October 2015, which was due to come into effect in October 2016, did not appear to be adequate to abolish the system in law and practice. Her Government therefore entirely agreed with the Committee of Experts when it urged the Government to take steps to amend the law before it came into effect, so as to eliminate the obstacles to freedom of movement and to the freedom to terminate a contract, both of which were essential, especially where workers faced discrimination, such as that covered by the Convention.

The Employer member of Jordan indicated that, when looking at the current situation of labour relations in Qatar and comparing it to the situation a few years ago, the Committee should welcome the progress that had been made. The Government had been taking positive measures to improve the situation in the labour market, especially with regard to the employment of women and their protection against discrimination. It was important not to pick and choose from the information provided by the Government, and the Conference Committee needed to take into account the whole picture. Considering that the Government had provided a full response on the matters raised, he requested the Conference Committee not to pursue its examination of this case.

The Worker member of Indonesia said that his country was one of the major countries of origin for domestic workers in Qatar where, due to their continued exclusion from the Labour Law, these workers faced extreme exploitation in the workplace, including harassment, severe physical abuse and rape. In 2014, the United Nations Committee on the Elimination of Discrimination against Women had expressed deep concern at the high prevalence of domestic and sexual violence against women and girls, including women migrant domestic workers. When domestic workers brought a case of harassment to the attention of the authorities, they were sometimes deported and no charges were filed. While in law domestic workers had the right to bring a case to court, in practice this was almost impossible. He urged the Government to take immediate steps to include domestic workers in the Labour Law, to adopt legislation on sexual harassment and to ensure the effective enforcement of this legislation, including the prosecution of those responsible and the imposition of dissuasive sanctions.

The Government member of Lebanon recalled that the situation of Qatar had been examined by the Conference Committee in 2014 in relation to Convention No. 81, as well as in 2015 with regard to Convention No. 29. The Committee was now discussing Convention No. 111. In 2015, the Government had adopted new labour legislation, thus bringing national law into line with international labour standards. Qatar was providing employment opportunities for foreign workers. He was of the view that there was no discrimination in Qatar. If discrimination was in fact occurring, workers were free to leave the country. He would have hoped that the issue of protecting Palestinian workers against discrimination would have been discussed, rather than the present case. The positive measures being taken, as well as the situation of employment in the country, should be examined after the 2022 World Cup.

The Employer member of Saudi Arabia welcomed the steps taken by the Government for the application of the Convention and indicated that Qatari legislation did not contain any discriminatory provisions against women. He considered Qatari legislation to be fully consistent with international labour standards and referred to the National Development Plan (2011–15) in this regard. He added that there was a fierce campaign against sexual harassment at work in the country and that the Government was in compliance with its international obligations.

The Worker member of Norway, also speaking on behalf of the trade unions of the Nordic countries, said that the workforce in Qatar consisted of 1.7 million migrant workers, many of whom were exploited and deprived of their economic and social rights. Moreover, this workforce was mainly male-dominated, with women constituting barely 12 to 13 per cent of the economically active population. Despite the fact that Qatar’s Constitution provided that there should be no discrimination on grounds of sex and that all citizens were equal in public rights and duties, discrimination was widespread in the country. She expressed concern at the persistence of discrimination against women in the labour market, the social stigma attached to working women and social norms, the persistent gender wage gap (25 to 50 per cent) and the under-representation of women in leadership positions. She also noted with concern the prevalence of prejudices and negative attitudes towards migrant domestic workers, including women, who were reported to be victims of various forms of exploitation and abuse, including forced labour, physical and sexual violence, inhumane or degrading treatment, unpaid wages, excessive working hours, confiscation of passports and restrictions on freedom of movement and communication, in particular under the sponsorship system (kafala). Emphasizing that women and men were both fully able to perform work to an excellent level, she urged the Government to ensure equal opportunities for women in the labour market by repealing discriminatory laws, regulations and practices that required a male guardian’s consent or approval for women to obtain employment. She also urged the Government to protect migrant workers from violence, abuse and exploitation and to ratify and implement Convention No. 189.

The Employer member of Bangladesh welcomed the information provided by the Government, including the recent laws adopted and the legislative review process, as well as the law concerning domestic workers, which aimed to align national legislation with Convention No. 189 and its corresponding Recommendation. The employment of domestic workers was generally regulated by model contracts, based on agreements signed by the Government and labour-sending countries. He welcomed the fact that the sponsorship system (kafala) had been abolished and replaced by contracts of employment. Workers were now granted freedom of choice of employment and allowed to change employer. He welcomed the measures already taken and encouraged the Government to continue taking measures in line with international labour standards.

The Government member of Belgium, also speaking on behalf of Denmark, Finland, Iceland, Norway and Sweden, reaffirmed the importance of the Beijing Declaration and Platform for Action for women’s empowerment, and of the Convention on the Elimination of All Forms of Discrimination against Women, which provided a legal framework and a comprehensive set of measures for the promotion of gender equality in education and employment. She emphasized that compliance with fundamental ILO Conventions, including the Convention under discussion, was essential for social and economic stability in any country, as it contributed to creating an environment conducive for the fulfilment of everyone’s potential, as well as a basis for solid and sustainable growth and inclusive societies. She emphasized the key importance of laws and regulations in combating discrimination. She welcomed the Government’s aim to increase women’s participation in the labour market, bringing legislation into line with Convention No. 189, and the plan to increase the number of nurseries and kindergartens. She noted however the assessment of the Committee of Experts that a clear legislative framework addressing protection against discrimination in employment and occupation was lacking. She encouraged the Government to make the necessary legislative amendments to bring the legislation into line with the Convention and to take further steps to promote equality.

An observer representing the World Federation of Trade Unions (WFTU) welcomed the steps taken by the Government for the abolition of the sponsorship system (kafala) and to allow workers to change jobs without the risk of suffering discrimination or punishment. With regard to gender equality, he indicated that the Qatari Constitution ensured that women could take care of their families based on local culture and traditions. He added that, despite legal provisions in place to prevent sexual harassment, a few cases were reported, like in other countries, and there was no way to prevent this. He emphasized that in general there were clear positive indications that the Government was moving forward in its compliance with the Convention and he expected similar positive responses by the Government in future.

The Government member of Bahrain welcomed the detailed information provided by the Government on the measures taken for the implementation of international labour standards, especially the Convention under review. The Government had made considerable efforts to comply with international labour standards in law and practice. It had taken serious steps to protect all workers, without any discrimination, reflecting its observance of international labour standards, including the provisions of the Labour Law, which prohibited discrimination on the grounds of political opinion or social origin. Moreover, it did not allow any type of discrimination to be practised against women, in relation to wages, career opportunities or other privileges. He added that a series of positive and encouraging measures had been taken, including a wage protection system and an increase in the efficiency of the labour inspectorate. Moreover, the Government imposed harsher sanctions on employers who violated the regulations, for example through the delayed payment of wages or the withholding of workers’ passports. These were all positive measures which provided additional social protection to workers without discrimination. The Government was now preparing a new law on domestic workers with provisions on social protection. It was thus demonstrating its seriousness in meeting its international obligations. Finally, he endorsed the statement made by the Government and expressed the need to take into account all the positive developments that had occurred.

The Worker member of Switzerland, speaking on behalf of the Swiss Federation of Trade Unions, stated that one of its affiliates, UNIA, was actively working with Building and Wood Workers’ International (BWI) to defend and promote the rights of migrant workers in Qatar, especially in construction sites for the 2022 World Cup. UNIA had participated in visits to the country, where it had been able to gather relevant information through meetings with migrant workers. The key issues of concern for migrant workers in construction sites were the sponsorship system (kafala), which had only been superficially replaced by Law No. 21 of 27 October 2015, the low level of wages and differences in remuneration based on nationality, which were in direct breach of the Convention. Even though workers did the same type of work, they were often paid differently based on their countries of origin. In addition, workers were paid far lower than the minimum wages set by their countries of origin to work in Qatar as low-skilled workers in the construction sector, and some workers, upon arrival, were forced to sign a new employment contract with much lower wages than the established minimum wage. UNIA therefore strongly advocated bringing an end to substitution contracts, unless the conditions were better than the original agreement and the worker was fully aware and accepted the changes. He called on the Government to implement minimum wage legislation and equal pay for equal work policies regardless of gender, nationality or religion in order to ensure the full implementation of the Convention in both law and practice. He also called on the Fédération Internationale de Football Association (FIFA) to finally integrate respect for ILO Conventions in host countries as an essential element when examining the assignment of its events.

The Government member of the Bolivarian Republic of Venezuela welcomed the information provided by the Government, which showed that it had responded to the recommendations, observations and comments by the Committee of Experts. Sections 93 and 98 of the Labour Law should be interpreted in the light of the Constitution, which prohibited discrimination on political or social grounds and on the basis of nationality. Law No. 8 of 2009 on human resource management made no distinction between men and women in terms of wages and occupational advantages. He welcomed the fact that a law on the protection of domestic workers was being drafted, that the Law establishing the sponsorship system (kafala) had been repealed and that the National Development Plan (2011–15), which covered aspects relating to education and training, covered gender equality. He called on the Committee to take into account the positive points of the Government’s explanations and trusted that its conclusions would be objective and balanced, so that the Government would take them duly into consideration when applying the Convention.

The Worker member of Bahrain said that the Committee of Experts should not have cited the company name in its comments. He suggested that all those who had mentioned the existence of harassment in Qatar should actually visit the country. The matters raised against the Government should not be dealt with in this Committee. Instead, the Conference Committee should be discussing issues relating to Palestinian workers. The members of the Committee should support Qatar in its efforts to successfully organize the 2022 World Cup, a major sporting event. The Government was the subject of complaints before other ILO supervisory bodies for a very few individual cases at the national level. The Conference Committee should give encouragement to the Government for the positive measures adopted and should welcome the contribution of a national airline as a major employer.

The Government member of Indonesia said that her Government noted the efforts of the Government of Qatar in implementing the Convention and welcomed in particular the abolition of the sponsorship system (kafala) to ensure the freedom of movement of workers, including domestic migrant workers. She also welcomed the preparation of legislation on domestic workers and expressed the hope that the Government would expedite the process of finalizing the legislation so that the provisions of the Convention were implemented in an effective manner.

The Employer member of Algeria observed with satisfaction that, according to the Government’s explanations, the question of non-discrimination on grounds of political opinion, national extraction and social origin had been resolved by Article 35 of the Qatari Constitution. The national legislation contained no provisions discriminating against women in employment and sexual harassment at the workplace was a criminal offence. It was clear that the Government had made enormous progress and should be supported and accompanied in its efforts.

The Worker member of Kuwait welcomed the measures taken by the Government to address the issues raised by the Committee of Experts concerning the sponsorship system (kafala). This system had been replaced by model contracts. Migrant workers could now freely change their employers. The Government was committed to this new development and had shown its readiness to address the issue by taking measures in accordance with the requirements of the Convention. The Committee should take these efforts into consideration when preparing its conclusions.

The Government member of Mauritania considered that the Government had demonstrated its achievements in implementing the Convention. All discrimination based on opinion and social origin were criminalized and sanctioned. The Law on human resources prohibited discrimination between men and women in relation to wages and prohibited sexual harassment at the workplace. Furthermore, the system of sponsorship (kafala) had been abolished. He called on the Committee to take into consideration these positive developments when adopting its conclusions.

The Employer member of Sudan welcomed the information provided by the Government, and particularly the adoption of new legislation that was inclusive and covered non-discrimination, the promotion of equality in employment, as well as positive discrimination, allowing women to enter the labour market. Women could have access to managerial positions in the national economy. Inspectors were also receiving training to ensure a decent working environment. This also prevented sexual harassment in the workplace. Severe sanctions were taken when violations occurred. Moreover, the sponsorship system (kafala) was no longer applicable and workers could freely change their employers. Finally, the National Development Plan (2011–15) aimed at promoting international labour standards and national legislation.

The Worker member of the United Arab Emirates welcomed the efforts made by the Government of Qatar to improve the conditions of work, and particularly, the abrogation of the sponsorship system (kafala) and the possibility given to foreign workers to freely change employer. Women took an active part in the labour market. Furthermore, the Constitution of Qatar prohibited any discrimination and the Government had demonstrated its commitment to give full effect to the Convention. The Committee should take these achievements into consideration in its conclusions.

The Government member of Malaysia expressed the belief that the steps taken by the Government of Qatar to address the Convention constituted a way forward to eliminate the issues listed by the Committee of Experts. Noting in particular the establishment of a platform for workers to submit complaints and the abolition of the kafala system, she expressed support for the position of the Government and called on the Committee to consider the important efforts and progress made in addressing the issues raised under the Convention.

The Employer member of Iraq expressed concern that Qatar had been included in the short list of individual cases. The Government and employers of Qatar were committed to international labour standards and fundamental human rights. Qatari laws guaranteed the rights and freedom of all workers. Iraqi employers supported the statements made by the Qatari Government and employers. The conclusions of the Committee needed to be fair and equitable. Qatar was a major partner in receiving migrant workers at the international level and this should be encouraged, not hindered. Taking into account the Government’s goodwill and openness to cooperation in addressing the issues raised, it would only be appropriate and fair to remove Qatar from the list of cases to be discussed by the Committee.

The Government member of Sudan noted the seriousness of the Government in promoting its legislation, which prohibited discrimination in employment and occupation. Article 35 of the Constitution of Qatar prohibited any discrimination whatsoever on grounds of political opinion, national extraction or social origin, and the labour legislation was interpreted in the light of this provision of the Constitution. Furthermore, Qatar was considering adopting a law on domestic workers in accordance with the provisions of Convention No. 189, but needed more time to implement its laws in an appropriate manner.

The Government member of Senegal thanked the Government for the information provided and welcomed the range of measures it had adopted, which demonstrated the country’s political commitment to cooperate with the ILO. She hoped that the ILO would continue to support Qatar by providing technical assistance.

The Employer member of Oman recalled that, in the previous discussion by the Committee, the former Labour Minister of Qatar had expressed his readiness to cooperate with the ILO and had promised to update the national legislation on workers’ rights. In this regard, the law on sponsorship (kafala) had been repealed by a new Decree, and this promulgation demonstrated the good cooperation of the Government of Qatar. The Committee should take into consideration these positive developments when preparing its conclusions.

The Government member of Cuba thanked the Government for the information it had provided and encouraged those present at the meeting to continue on the path of cooperation and dialogue by means of the exchange of information, the provision of assistance for capacity building, the promotion and implementation of good practices and mutual recognition of the progress made and the challenges that still lay ahead. She believed that that would be the best way to attain the objectives in an effective and sustainable manner.

The Government member of India thanked the Government for providing a detailed submission and expressed appreciation of the various measures initiated to give effect to the recommendations of the tripartite committee set up by the ILO Governing Body, as well as to the comments of the Committee of Experts. He noted the Government’s submission that sections 93 and 98 of the Labour Law were interpreted in light of Article 35 of the Qatari Constitution, which prohibited any discrimination based on political opinion, national extraction or social origin. He further appreciated the comprehensive and integrated approach adopted in implementing the National Development Plan (2011–15), as well as its focus on promoting gender equality and inclusiveness in the education and vocational training systems. Positively noting the steps taken to protect the rights of domestic workers, including the drafting of legislation on domestic workers, he encouraged the Government to expedite the adoption of the legislation and to align it with the provisions of Convention No. 189 and its accompanying Recommendation. He also noted the clarifications provided that new Law No. 21 of 2015 completely abolished the sponsorship system (kafala) and replaced it with an employment contract system. Moreover, Qatar had extended full cooperation to the high-level tripartite delegation that had visited the country and had demonstrated its continued commitment to work with the social partners and to avail itself of appropriate technical assistance from the ILO to further improve labour rights and labour protection. He supported Qatar’s efforts to further strengthen its compliance with the Convention and progressively increase the participation of women in the labour market, and he requested the Committee to fully take into account the detailed responses provided by the Government when making its recommendations.

The Government member of China noted the information provided by the Government on the steps taken to implement the measures recommended by the Committee of Experts, including the adoption of legal provisions expressly defining sexual harassment as a crime, the abolition of the sponsorship system, and the provision of vocational training and guidance. He encouraged the ILO to provide the necessary technical assistance, as requested by the Government.

The Government member of Canada expressed continuing concern at the situation of labour rights in Qatar. She strongly supported the call by the Committee of Experts for the Government to take the necessary measures to ensure the protection of all workers against discrimination on all prohibited grounds, in both law and practice, and recalled the request by the Committee of Experts for information on the measures taken or envisaged to protect migrant workers from such discrimination. She also urged the Government to adopt measures to curb any discrimination against women in the workplace, encouraged it to increase women’s participation in the labour market and recommended the adoption of draft legislation on domestic workers, a category of workers hitherto excluded from the Labour Law of 2004. Recalling the observations of the Committee of Experts on the insufficiency of the legislative framework to ensure the prohibition and effective protection against sexual harassment in the workplace, she strongly supported the requests for the Government to take the necessary steps to adopt legal provisions to prohibit quid pro quo and hostile sexual harassment at work, and to provide effective mechanisms of redress, remedies and sanctions. She also concurred with the Committee of Experts that the Government should provide further information on the steps taken by the Labour Inspection Department to detect cases of discrimination in the workplace, as well as on the measures being considered for the training of labour inspectors. She expressed appreciation of the information provided by the Government representative to the Committee and looked forward to the provision of further information in future, as requested by the Committee.

The Government member of Turkey noted the important improvements made in law and practice with regard to the application of the Convention, and particularly the annulment of the sponsorship system (kafala) by new legislation introducing a contract-based system and the preparation of draft legislation to regulate the work of domestic workers by increasing the capacity of the relevant inspection bodies of the Ministry and to provide guidance and counselling to workers with a view to informing them of their rights and obligations. Noting with interest that the National Development Plan (2011–15) included comprehensive and integrated strategies and projects to ensure equality and inclusiveness for each sex and each age group in employment and occupation, he urged the Government to continue working closely with the ILO.

The Government member of Algeria noted the information provided by the Government, especially the abolition of the sponsorship system (kafala), the introduction of a system of contracts, the adoption of a National Development Plan and the creation of a labour inspection service. He welcomed Qatar’s cooperation with the ILO.

The Government member of Bangladesh welcomed the progress made in enforcing existing laws and the initiative for legislative reforms, particularly on wage payments to expatriate workers, employment contract systems, the employment of domestic workers and various other improvements. Encouraging the ILO to provide technical cooperation to Qatar to complete the ongoing reform process and further improve enforcement, he called on the Committee to take into account the significant efforts and progress made by the Government in addressing the issues raised.

The Government member of Morocco thanked the Government for the information and clarifications provided to the Committee, as well as its present and future efforts to address the comments of the Committee of Experts. The Government had adopted new legislation ensuring the protection of workers against all forms of discrimination in employment. It had also demonstrated its will to take all the necessary measures to resolve the issues raised by the Committee of Experts, including through the adoption of the National Development Plan (2011–15), which focused on equality and inclusiveness in education and training. The plan should facilitate the adoption of new legislation to address the concerns raised by the Committee of Experts. Draft legislation on domestic workers had been prepared, based on the provisions of Convention No. 189. Law No. 21 of 2015 enabled migrant workers to change their employers freely. All of the measures taken by the Government should be welcomed and the Government should be encouraged to cooperate with the ILO to continue the legislative reform process.

The Worker member of Benin noted with satisfaction that the Government had taken steps to implement the Convention and hoped that the situation of men and women workers under the sponsorship system (kafala) would very soon change. Further noting with satisfaction that the country was in the process of drafting legislation on domestic workers, he requested the Conference Committee to take due note of the steps taken and to reflect them in its recommendations.

The Government representative noted with interest the observations made by the Employer and Worker members, as well as all the other interventions. The Government would take into consideration these observations and implement them in national law in order to promote and protect workers’ rights regardless of their sex, origin or religion. With regard to inequality in wages, the law addressed this issue, as well as conditions of work. Wages were subject to demand and supply on the labour market, regardless of sex or origin. Qatar had repealed all limitations on freedom of movement. In this regard, the sponsorship system (kafala) had been replaced by an employment contract, the new law would enter into force in December 2016 and sanctions would be imposed in cases of violation. Positive steps had been taken by the airline company, in particular the amendment of the employment contract, which would cover all crew members. The new contracts had entered into force and could no longer be declared null for the reasons raised during the discussions. Inspections were organized by the Ministry of Labour and statistics were available on that subject. The Committee of Experts would be provided with inspection reports. In conclusion, the Government of Qatar was going forward in its efforts to maintain and protect the rights of workers by adopting new legislation encouraging and improving the participation of women in the labour market.

The Employer members thanked the Government for its submission and considered that a constructive debate had taken place in which the Government had described some of the measures taken to address a variety of issues raised in the recommendations made by the tripartite committee and adopted by the Governing Body, as well as in the observations of the Committee of Experts. They hoped that the Government would continue to engage in a positive manner to address these most important issues. They urged the Government to: adopt a clear legislative framework addressing discrimination, recalling the prohibited grounds of discrimination specified in Article 1(1)(a) of Convention No. 111, including protection against sexual harassment in the workplace; provide the Committee of Experts with a full report on the measures taken in practice to ensure that individuals were not subject to discrimination on the prohibited grounds in the context of employment and occupation; provide information on the practical measures taken to improve the participation of women in the labour market pursuant to the National Development Plan (2011–15) and the commitment made by Qatar to the Committee; and continue its steps to ensure real and meaningful equality in employment and occupation. The Employer members hoped that the Government would take every measure to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment with a view to eliminating discrimination based on the prohibited grounds. They also urged the Government to continue its collaboration with the ILO and to avail itself of technical assistance to fully address the issues raised in both law and practice.

The Worker members indicated that it could be inferred from the statements made that discrimination in occupation and employment was deeply engrained in Qatari society. While that situation could not be expected to change overnight, it should change and change should start immediately. Laws prohibiting all forms of discrimination in occupation and employment should be adopted as soon as possible, in addition to proactive programmes to promote the employment of women on equal terms with men. Moreover, in order to ensure the full participation of women in the workforce, it would be necessary to ensure protection against sexual harassment at work through effective remedies and dissuasive penalties. In addition, discrimination against migrant workers should also be addressed as a matter of urgency. The Worker members were of the view that the 2015 reforms essentially amounted to kafala with a new name and were not incompliance with Convention No. 29. The protection granted under labour law should be extended to migrant domestic workers. The Worker members urged the Government to: (1) fully comply, in both law and practice, with the decision adopted by the Governing Body at its 324th Session (June 2015) with regard to the representation made under article 24 of the ILO Constitution by the ITUC and the ITF by January 2017; (2) abrogate Law No. 21 of 2015, by 2017, before it entered into force; (3) ensure that the legislation prohibited discrimination on all the grounds of the Convention; (4) ensure that domestic workers were granted protection under the Labour Code; (5) take proactive measures to address discrimination in the workplace, including by promoting the employment of women in managerial positions; and (6) take proactive measures to address sexual harassment and gender-based violence in the workplace. Finally, the Worker members fully agreed with the Employer members on the need for Qatar to request ILO technical assistance.

Conclusions

The Government representative thanked the Committee for its conclusions and assured it that his Government would take them into account when preparing its next report on the application of the Convention.