Following is the unofficial translation by The Peninsula team of the 57-page Arabic text of the report released by the National Human Rights Committee yesterday.
Chapter 1
First: Joining international conventions on human rights
Qatar is a signatory to several international conventions such as International Convention on Fighting Discrimination, (1976), Children's Rights Convention (1995) and two protocols attachd to it, and the International Convention Against Torture (2000).
The NHRC has urged Qatar to join two conventions immediately- first, the International Convention on Political and Civil Rights, and secondly, the International Convention on Social, Cultural and Economic Rights because these two agreements are the most important as regards the protection of human rights. There are 15 Arab countries that have joined the two conventions, the last one being Mauritania in February 2005.
The committee wants Qatar to join the Convention on Fighting Discrimination Against Women which most Arab countries have singed. The last ones that signed the agreement were the UAE and Oman. A total of 17 Arab countries have signed the agreement.
The committee also wants Qatar to study the possibility of joining international Convention on Protection of Foreign Workers and their families. After adoption of the Arab Charter on Human Rights in Tunis in 2004, the committee urges Qatar to join this agreement due to its importance. The committee wants Qatar to review its reservations with regard to some agreements that it has signed.
The committee also sees the necessity of amending certain key national legislations so that they are in conformity with international laws related to human rights, especially in view of the fact that some authorities are dealing with these agreements as they are inferior to national laws.
Article 68 of Qatar's Constitution stipulates that the Emir should sign the agreements and conventions through a decree and send it to the Advisory Council attached with explanations. The agreement will be enforced after it is approved and published in the national gazette.
Second: constitutional development
The committee stated that the constitution is the basis of law. This should be compatible with international conventions on human rights.
The constitution reflects the changes and developments that took place in Qatar. The permanent constitution has incorporated several rights and freedoms in Chapter 3.
The committee wants the legislature, when implementing the constitution, not to restrict the freedom on practising human rights and not to stipulate that any work or decision should be above the law and judiciary.
If this happens it would amount to violation of the constitution and the supremacy of law.
Third: Legislative development
1- Regarding the Law No 17 of 2002, the committee suspects that this law would restrict the freedoms and rights and guarantees which Qatar's constitution has emphasized . For example, the law allows the Ministry of Interior to detain a person for two weeks renewable for six months and again for another six months with the consent of the Prime Minister. This period can be doubled if it concerns issues related with state security. Article 5 of the Law allows the Minister of Interior to seal a place where a crime has taken place or a crime is associated with and a complaint against the closure should be lodged with the Prime Minister and not with the Minister of Interior.
2- Law No 3 of 2004 regarding fighting terrorism.
a- Article 1 of this law enlarges the scope of terrorism and makes it a crime as stipulated in the criminal law.
b- Anti-terrorist law is like all the other laws which benefit individuals' rights and also violate the freedoms.
c- Article 13 of the Law prescribes punitive measures which are against human rights principles, especially the freedom for movement and residency even after the completion of the tenure of punishment.
d- The procedures of new criminal law No: 23 of 2004 are against the general rules and make the period of custody, issued by the Public Prosecutor, longer. The 15 days' custody can be extended to another 15 days and to a maximum of six months and after that it can be extended by a decision from the concerned authority.
e- Article 19 gives the Public Prosecutor or the lawyer appointed by the Public Prosecutor the power to limit the civil freedom such as the right to freedom, security and privacy, communication and correspondence against international norms and the general rules of the new criminal law procedures No 23 of 2004.
f- Law No 12 of 2004 regarding cases and procedures of appeal in cassation courts but not in criminal cases.
The law in its article 5 forces the appellant to pay QR2,000 as a guarantee if the verdict is coming from the court of appeals and QR5,000 if the verdict comes from the primary court. This leads to restriction in the right to arbitration and the right to appeal. The committee wants this to be studied in order to provide a solution that protects these two rights. Article 23 of the law said that the security amount can be confiscated, fully or partly in case the court refuses to accept the appeal. This is a punishment over the exercise of the right to arbitration and the right of appeal in the cassation court. Article 27 of the law imposed a fixed charge for appeal at the Cassation court which is QR5000.
g- Article No 22 of 2005 regarding the convention on the ban on using camel jockeys. This law is a quantum leap towards protection of children rights in Qatar. The law issued and published in the national gazette in July 25, 2005 has six articles , the most important of which has used international standards to define the age of the children, considering any person under 18 as a child and Artcile 3 of the Law ban bringing, using and training and involving children in camel race. And the Law allows the labour department officials to be inspectors to find out the root of the crime. The law also made the punishment stricter for anyone who violates the provisions of the law. The law didn't give a protection to the victims of the camel race who are estimated to be hundreds. This means that there should be a house to care and rehabilitate these children and integrate them with the mainstream. It is noticeable that the state has established a house for sheltering and human care and signed an agreement with Sudan for establishing a centre for rehabilitating the victims.
h- Law No 38 of 2005 regarding nationality. The new nationality law No 38 of 2005 to replaces the old nationality laws No 2 of 1961. The committee is still studying this law to see if it goes with international human rights.
Four: Judicial verdicts
The committee has noticed that the duration of the court procedure is long especially in labour issues. The period ranges from six months to 12 months despite the Article 10 of the Labour Law No 14 of 2004 that tipulated that the labour issues should be resolved immediately and without litigation charges. The committee also noticed that the period of investigation into some cases take a long time, in some cases to six months to 12 months and they resort to detention whether it is from the Public Prosecution and investigating judge.
Fifth: Decisions and procedures:
Emiri decision of No 20 of 2005 regarding the establishment of cultural habitats. The decision highlighted the role of culture and its importance to the society. The aim of this is to bring out the talents and give the right to the public and spread the cultural awareness through different cultural activities.
Decision No 4 of 2005 related to the issuance of the executive list of the environment protection law issued by Law No 30 of 2002.
First article of this law said that this provision of the Law No: 30 of 2002 should be implemented. The Article 3 of this list included the measures and standards which can maintain the environment.
The aim of this is to give the right to a person to live in a clean environment free of pollution so the lawmakers were keen to put guidelines to protect the environment from hazardous materials through some means to get rid of them from residential areas.
The lawmaker allows the hazardous items to be imported, Article 43 decided the purposes and fields where it should be used by putting guidelines for those permitted to bring them. It is a health protection for the public and the citizens. Article 79 banned the ships and carriers to prevent them from contaminating the sea and they have to commit to this requirement.
The Ministry of Civil Service Affairs and Housing Law No 6 of 2005 regarding work system, the ministerial decision confirmed what the new labour law No 14 of 2004 has stated.
The philosophy behind this is to give protection to the labour or the worker by deciding daily work is 8 hours and weekly days as six. The workers should be committed to their work in order to keep the economy growing and give full performance.
The Ministerial Decision imposed a guide for the type of penalties that can be enforced by employers. These penalties should be to the maximum limit.
The Minister of Civil Service Affairs and Housing's Decision No-8 of 2005 regarding the conditions and procedures for bringing foreign workers into Qatar. This decision speaks about the regulatory system for bringing workers and provides a guideline. It provides certain guarantees to workers. It makes mandatory for a labor import license holder to provide a QR 250,000 as bank guarantee to the ministry, which is valid for the duration of the license and ensure the worker gets all the rights. The same law makes it compulsory for the employer to sign a job contract with employees in which the right to transport for the worker, in case they want to return to their country, is incorporated. Hence, a worker has right to an air ticket to return home.
The Minister of Civil Service Affairs and Housing Decision No-9 of 2005 regarding the spending of money obtained by salary deducted from laborers. The NHRC has asked how such money would be spent. Would it be on social or cultural activities or for improving the lot of workers. Such money should be used to provide better facilities for these workers. At the same time, this money cannot be offered as a reward or incentive or used to buy food, clothes and other items, for investment in a business which has a loss or profit risk.
The Minister of Civil Service Affairs and Housing Decision No-10 of 2005.
Chapter Two
Report on human rights situation and basic freedoms during 2005
Key main rights:
1. Civil and political rights (the basic rights)
Right to live, right to freedom and personal security, right to a fair trial,good treat, emt for prisoners, right to equality right to naturalization.
The committee has not detected any case of rights violations of right to live which is the general authority's responsibility for 2005. This is a positive indication.
Cases of disappearance. The committee received no complaints.
Right to freedom and personal security
One of the basic rights that the Constitution grants and protects. Law No 17 of 2002 is a violation the right of freedom and personal security because it allows people to be out in jail for a long period without trial and no recourse to appeal. This is like the emergency rule in some other countries.
In addition, this is a permanent law unlike with emergency, which is more or less temporary.
Law No 5 of 2003 to establish a security body and Law No. 3 of 2004 on terrorism also violate freedom and personal security. Law No 5 allows person to be put into custody for 30 days without investigation. Law No 3 authorizes Public Prosecution to jail the suspect for six months without trial, which can also be extended by the concerned court.
After criminal incident of March 19 of 2005, the concerned authority arrested a large number of people who were associated with Amru Ahmed Abdullah, the accused.
The NHRC received complaints from some of the relatives and then the NHRC contacted the concerned authorities to follow up the cases and find out how long these people would stay in custody. Nine of these people were released and three more cases are still being followed up on.
The NHRC's stand was clear that the investigation should be finished and to transfer the cases to the judge.
The NHRC considered the security situation but it minimized freedom and is still considered a violation of freedom.
The Interior Ministry and Search and Follow-Up Dept released two persons that were accused of intending to bomb but the information against them was coerced from others.
The NHRC visited the detention camp several times and found out large numbers ...350-450 prisoners and carried out a report on them and their circumstances why placed in custody. Issued suggestions and recommendations to the Interior Ministry.
In response to the report, the Ministry formed a committee but its findings yet to be issued. Large numbers are still in custody without evidence against them.
NHRC also received from the Interior Ministry information that the committees had been formed in collaboration with NHRC to study all prisoners in detention to minimize their numbers and to release some of them and to deport others. Provide financial for ticket home.
NHRC coordinated with Public Prosecution and different courts to speed up resolution of workers' disputes.
The NHRC also found cases of detention in camps for more than six months, sometimes over a year in bad conditions.
The camps were found to be crowded so the NHRC asked that the detainees be release or deported.
The reserve custody system, a process of investigation and trial in criminal issues, had turned out to be a punishment in itself. The NHRC found out that the investigating authority had expanded the scope of reserve custody. This makes it difficult for the accused to prove innocence or closes down the investigation altogether.
In demanding compensation, financial and spiritual damages from this form of custody, and asked to modify the maximum time for custody according to the crime committed.
Therefore the NHRC recommended two strict rules for this form of custody and to allow a demand in compensation in case of misuse of this form of custody when person proved innocent.
The NHRC also recommended the number of public prosecutors be increased and to implement a training program for them. To find alternatives to solve the dispute outside courts, especially for labor disputes and also to put in effect Law No 14 of 2004 regarding negotiations.
The NHRC also found that some workers' cases took more than a year and there are fees of QR30 to QR500 charged as court fees from workers who cannot afford it.
Treatment of prisoners and others
The government is doing its best to enhance the prisoners' situation and prevent torture. Still the NHRC received complaints from groups regarding of not applying conditions of medical and conditional release which led to a prisoners strike in the central jail more than once. NHRC recommend that the Interior Ministry should be more flexible.
The Emir issued a decree during Ramadan and National Day of 2005 to release 26 prisoners on humanitarian grounds. Despite the attempted enhancement of conditions, prisoners are without beds and many put in one cell and are in jail for no reason. Big number of foreigners, mostly workers, are in custody because of civil cases with them and sponsors and for working with f/different sponsors or sponsors could not provide a return ticket or simply because sponsors informed authorities that the worker had escaped and then cancelled his visa.
Rights and equality
The NHRC found discrimination between men and women in jobs, salaries, allowances. For those employees working in the government, cases of discrimination were found. There are some establishments which recognizes the equality between men and women in the workplace.
There are some cases where Qataris were not appointed to some jobs because of some disagreements. The NHRC when investigating were not given any reasons.
Also discrimination between male and female Qataris over loans, land and housing given to original Qataris and not naturalized Qataris. Article 34 and 35 of Constitution says all citizens are equal in rights and applications.
Rights in naturalization
NHRC found about 5,000 persons, had nationality withdrawn by the authorities accusing them of having more than one nationality or obtaining Qatari nationality by fraud. The fraud issues has been discussed in media and the NHRChas issued a statement in this regard.
Three hundred families, 5,000 to 6,000 individuals having nationality withdrawn is a serious issue with security, economic and political implications. The government has to handle the situation and form a neutral committee to discuss the cases and find justice and implement decisions on each case separately. For those who have Qatari nationality, should be given it back and for those with more than one nationality and shown to have been obtained by fraud, the government has the right to withdraw it. Until the situation is finalized they should be given their rights and treated decently and given the right to move, health, education. The NHRC found some cases where nationality has been given back.
Right to participation in public affairs freedom of speech freedom to peaceful congregation, right to form associations, parties
Right of participation in public affairs
Freedom of expression
The government witnessed serious developments towards more free expression and the NHRC is doing its work without any red tape or interference. The media is also unrestricted.
But workers in media have self-censorship while talking about internal affairs, naturalization issues, labor issues, sponsorship systems, exit permits, detention camps, kids on racing camels, maids and others.
There are external pressures on media in covering events in the Arab world. The most important like Al Jazeera is pressured by US and UK and closed their office in Iraq. Also targeting correspondents in Arab countries.
It proved the Daily Mirror's report of intention to bomb Jazeera HQ in Doha which is a violation of freedom of expression.
The NHRC found there was an international campaign in fighting aggression in Doha from 23 to 25 February 2005 included a number of intellectuals normally not allowed to speak in public. The conference gave them an opportunity to air their views.
Reporters Sans Frontieres reported that Qatar is ranked 105 in press freedom globally. Ranking was based on journalists arrested for their opinions, freedom of scientific research and freedom of Internet.
Right to inform society and parties
The new Constitution does not include right to form parties and unions but says there is a right to form societies. Law No 12 of 2004 regarding private and professional societies to organize it but allows companies to have them only internally.
There however are strings attached. 2o05 witnessed the formation of many professional societies like doctors, accountants and so forth. There have been no complaints in that regard till date. However, the future will prove how the Ministry of Civil Service Affairs and Housing deal with it.
Right of participation in public affairs
The government continued to take serious steps towards democracy and political reforms. But the law of political rights have not been issued and the NHRC are awaiting this to happen.
Economic, social and cultural rights
Right to decent living
Right to work
Right to education
Right to accommodation
Right to healthcare
The new Constitution confirmed economic, social and cultural rights and the government respected those rights and empowered citizens to implement them. The Qatari leadership is always emphasizing its commitment to human development and principles of justice, democracy and government establishments, the power of law, auditing and independence of the judiciary. This has made Qatar rank 40 on the global human development index and number one in the Arab world.
Right to a decent living
This is one of the most important rights because of its comprehensive nature and it cannot be achieved without economic, social and cultural rights as well as civil and political rights, It is also connected to poverty. The government has to provide a standard of living which is fair for the individual and family.
Because poverty leads to serious social problems and creates an environment for crimes, the UNHCR said that poverty is one of the worst violations of human rights.
Countries in the UN declaration for the Millennium vowed to fight poverty and eradicate it by 2015. The NHRC found that despite government efforts, there is poverty among a small number of Qataris. It requires more work to eradicate poverty by providing more jobs, especially employing Qataris in the private sector, especially people with special needs. NHRC has recommended to reconsider the eradication of poverty in Qatar according to the individual income.
According to official statistics from the Planning Council in June 2005, there are a good number of Qataris participating in charity work. The social spending between 1998 to 2003 was QR83,994,449 and the total spent on welfare schemes was QR13,630,400. NHRC recommended an increase in welfare spending for families in need to fulfil their requirements in life.
Right to work
This is one of the social and economic rights of a human being. It encompasses the right to work and the right to choose the type of work. Gives a right to equal salaries for the same work the right to organize and gather the right of leisure time and rest, healthy and secure work conditions. The NHRC has received many complaints of housemaids and simple workers, especially contracting companies, whose rights have been violated.
Unemployment
There are two types of unemployment. Unproductive work and real unemployment where there is no balance between supply and demand makes it necessary to apply an insurance system. The report by The Supreme Council of Family Affairs of 2004 on men and women in Qatar said the percentage of unemployed increased from one per cent in 1986 to 2.3 per cent in 1997 to 3.9 per cent in 2001.
Organizing labor unions
This is mentioned in the new Labor Law but is impossible because there is a condition that any establishment or factory should include more than 100 Qatari employees.
The right to strike is also mentioned in the labor law but has many conditions that makes it impossible.
Health and safety
There are good standards but the commitment is less because there is no supervision.
Insurance and retirement rights
These are important in the economic and social spheres. Not having an insurance system for unemployment is a violation of this right. Generally the expatriates are suffering from the violations and circumstances because of the sponsorship system. There is no possibility to change the workers' situation or of the sponsor abusing the system. Violations include the exit permit system, especially when it comes to salary dues and transferring sponsorship, seizing passports, not providing decent accommodation, malnutrition, treating maids as commodities, forcing them to work long hours, locking them up and sexually harassing them, threatening them and not paying dues and should the worker demands his or her right, is accused of theft. This forces them to work without payment. There are also other violations in labor disputes like court fees and long trials, detention camps, workers are afraid to complain for fear of losing job and there is nobody to supervise maids.
The NHRC is now alert to the dangers expatriate workers face. It is now important to reconsider all laws regarding them and to remove the causes of the violations and giving the Labor Department more powers and establish a neutral body to protect the workers' rights in keeping with the labor laws.
Right to education
The right to education is a guarantee towards economic development in general and development of humanity. It is also a support to individual human social rights. It is also an opportunity to enhance social activity and the state has exerted its efforts to reform education, especially with efforts from the Supreme Education Council.
The right of education includes the right of knowledge, the right of scientific research and the state has offered free education up to university level. The Ministry of Education formerly refused to register children of those whose citizenship has been withdrawn. Later, they were considered to be Qatari residents and paid fees of between QR150 and QR170 and QR300 as transportation fees. But after coordination between the NHRC and the Ministry, fees have been waived. The private sector and foreign institutions are involved with private schools, public schools and independent schools, the last set up on a trial basis.
The right of education also includes the right of getting information. By using e-government, the state is providing services and information. Still, there are some hindrances to the information flow, especially the freedom of speech and the Internet. With the Internet, certain sites are blocked.
Right of housing
Article 25 of the International Declaration of Human Rights considers the right of housing as a basic need.
This is linked to the right to work, education, health and culture.
This is linked to constructing housing units, allocating land and also providing loans. This also must include government policies, related to infrastructure like roads, water, sanitation, electricity and basic social services.
Those with limited income have not been taken into consideration. A huge portion of expatriates are suffering by having to pay high rents.
NHRC recommends the state intervenes in setting rents.
NHRC urges the state to invest in the housing sector.
Right to healthcare
High state expenditure in health but there's no health insurance system. NHRC hopes the state will introduce clear and planned health policies focussing on women and children and expatriate laborers.
NHRC was informed on February 25 by the Prime Minister's Office that the state would set up care centres for drug addicts.
The Peninsula 2006
