Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 29) sur le travail forcé, 1930 - Qatar (Ratification: 1998)

Autre commentaire sur C029

Observation

Demande directe

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government (see paragraph on trafficking in persons) as well as on the basis of the information at its disposal in 2019.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes the detailed information provided by the Government in its supplementary report on the activities undertaken by the National Committee for Combating Human Trafficking (NCCHT). Accordingly, from 2019 to July 2020: (i) the Qatari House for Lodging and Humanitarian Care which provides the requisite assistance and protection to victims of trafficking was established; (ii) memoranda of understanding were signed with the Red Crescent and the Qatar Charity for the operation and management of the Qatari House and to support victims of trafficking, respectively; (iii) a dedicated prosecution office for human trafficking was set up within the Public Prosecution Office; and (iv) several training and awareness-raising workshops were conducted in partnership with the ILO, and the British and the United States Embassies on detecting cases of trafficking in persons and the process of dealing with and protecting victims of trafficking. Moreover, the NCCHT participated in marking the World Day Against Trafficking in Persons. The Government further indicates that from 2019 to 2020, 11 cases of trafficking in persons were referred to the NCCHT and a penalty of an average fine ranging between QAR5,000 and QAR20,000 (US$1,374 and US$5,494) was imposed on the six persons accused.

In addition, the Committee notes the Government’s information that two people accused of trafficking in persons were sentenced to ten years imprisonment followed by their deportation from the country. The defendants were charged with the violation of Act No.15 of 2011 on combating human trafficking and ordered to pay each victim an amount of QAR1 million (US$274,725) as compensation while the victims were provided with the necessary health care and accommodation in the Protection and Social Rehabilitation Centre. The Committee welcomes this information and encourages the Government to pursue its efforts to ensure that Act No.15 of 2011 on combating human trafficking is effectively applied and enforced. It also requests the Government to continue to provide statistical data on the number of prosecutions initiated, victims identified, and convictions and penalties imposed for the offences related to trafficking in persons.

Articles 1(1) and 2(1). Freedom of public officials to leave their service. The Committee previously noted that pursuant to sections 161 and 162 of Act No. 8 of 2009 on human resources management, civil servants may submit a request for resignation, which must be approved within 30 days. However, the approval may be postponed for a similar period of 30 days and the civil servant shall continue to work. The Government previously stated in this respect that these provisions are inherent to the nature of the civil service, and aim at ensuring continued operation of the service. The Committee also noted the Government’s information on the measures it was taking to ensure the amendment of section 161 of Act No. 8 of 2009 on human resources management in order to bring it into conformity with Articles 1 and 2.

The Committee notes the information in the Government’s report that the amendment of section 161 of Act No. 8 of 2009 on Human Resources Management is still going through the legislative channels because the amendment requires achieving a balance between the general interest and the freedom of a public official in leaving the service. Moreover, a new ministry has been set up by virtue of Decree No. 4 of 2016 which supervises the implementation of Act No. 8 of 2009. The Government adds that all information relating to public officials is currently being updated and information relating to the application of sections 161 and 162 of Act No. 8 of 2009 will be communicated as soon as the updating process on public officials is completed.

The Committee takes note of this information and once again recalls 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 to ensure the amendment of section 161 of Act No. 8 of 2009 on human resources management in order to bring the legislation into conformity with the Convention. Pending the adoption of such measures, the Committee once again requests the Government to provide information on the application in practice of sections 161 and 162, indicating the number of cases in which such resignations were refused, the grounds for refusal and the total period during which the resignations were refused.