Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. Freedom of public officials to leave their service. In its earlier comments, the Committee referred to certain provisions of the Civil Service Act (No. 1 of 2001), under which civil servants could not leave their service until their resignation had been accepted by the competent authorities; resignation was deemed to be accepted if the authority failed to decide upon its refusal or acceptance within 30 days from the date of the application.

The Committee notes the Government’s indication in its report that the Civil Service Act of 2001 has been repealed and replaced by the Human Resources Act (No. 8 of 2009), which contains provisions governing the civil service, including those regarding the resignation of civil servants (sections 161 and 162). The Government indicates that sections 161 and 162 lay down the same provisions concerning resignation as in the repealed 2001 Act.

The Committee observes that, under the above provisions, a request for resignation can be either accepted or refused, and therefore the service is not automatically terminated after the expiration of a notice period. While having duly noted the Government’s statements that provisions governing resignation remain unchanged because of the nature of the civil service, and that these provisions aim at ensuring continued operation of the service, the Committee again draws the Government’s attention to the explanations contained in paragraphs 96–97 of its 2007 General Survey on the eradication of forced labour, where the Committee has considered that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention.

The Committee therefore hopes that the necessary measures will be taken in order to bring the legislation into conformity with the Convention, e.g. by eliminating a possibility to reject a resignation after the expiration of a notice period or by limiting provisions preventing workers from leaving their employment to emergency situations. Pending the adoption of such measures, the Committee again requests the Government to provide information on the application of sections 161 and 162 in practice, indicating the criteria applied in accepting or rejecting a resignation, as well as the number of cases in which such resignations were refused and the grounds for refusal. Please also communicate a copy of the Human Resources Act (No. 8 of 2009).

Articles 1 (paragraph 1), 2 (paragraph 1), and 25. Trafficking in persons. Penal sanctions for the illegal exaction of forced labour. The Committee notes with interest the information on various measures taken to prevent and suppress trafficking in persons provided by the Government in the attached document entitled “Qatar’s efforts in combating human trafficking” issued by Qatar’s Foundation to Combat Human Trafficking. It also notes the Government’s explanations concerning the application of sections 297, 321 and 322 of the Penal Code, which criminalize slavery, forced labour and forced prostitution.

The Committee requests the Government to provide, in its next report, information on measures taken to punish persons engaging in human trafficking, including information on any legal proceedings which have been instituted and indicating the penalties imposed on perpetrators.