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TITLE: QATAR HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
QATAR
Qatar, an Arab state on the Persian Gulf, is a monarchy without
democratically elected institutions or political parties. It
is ruled by an Amir from the Al Thani family. The 1970 Basic
Law institutionalizes the customs and mores of the country's
conservative Islamic heritage. These include respect for the
sanctity of private property, freedom from arbitrary arrest and
imprisonment, and punishment of transgressions against Islamic
law. The Amir holds absolute power, the exercise of which is
influenced by continuing traditions of consultation, rule by
consensus, and the citizen's right to appeal personally to the
Amir. In practice, the Amir must consider the opinions of
leading citizens, whose influence is institutionalized in the
Advisory Council, an appointed body that assists the Amir in
formulating policy.
The Government operates an efficient security apparatus. The
civilian security apparatus, controlled by the Interior
Ministry, has two sections, the police and the General
Administration of Public Security. A second branch of the
Interior Ministry, the Investigatory Police (Mubahathat), deals
with sedition and espionage. The Mubahathat is nearly
independent of the regular civil security forces and has been
known to use severe force in its investigations. It can
incarcerate suspects without charge but reportedly does this
infrequently. The armed forces have under their jurisdiction
another enforcement organization, known as the Intelligence
Service (Mukhabarat), whose function is to intercept and arrest
terrorists and to monitor political dissidents.
Qatar's economy is mixed. The State owns and operates most
basic industries and services, while retail trade and the
construction industry remain in private hands. Oil is the
principal product, accounting for about 70 percent of the gross
national product. However the country's extensive natural gas
resources are expected to play an increasingly important role
in the economy. The rapid development of Qatar's
infrastructure in the 1970's and early 1980's led to the
creation of a ratio of expatriates (mostly south Asian and
Arab) to nationals of four to one. The Government has
continued efforts, begun during the economic downturn of the
1980's, to reduce this ratio by offering many positions in the
Government to Qatari citizens only.
Human rights remain closely restricted. The main human rights
problems include the denial of the right of citizens to change
their government, arbitrary detentions in security cases, and
restrictions on worker rights and the freedoms of speech,
press, assembly, and association. Constraints on women's
rights continued, as did the systematic discrimination faced by
non-Qatari workers.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Extrajudicial Killings
There were no reports of political or extrajudicial killings.
b. Disappearance
There were no reports of disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were no reports of torture. Instances of torture have
been reported in the past, usually by the security forces
during the investigative phase following detention. Improved
standards of conduct were introduced in 1989. The Government
administers most corporal punishment prescribed by Shari'a law
but does not allow amputation.
d. Arbitrary Arrest, Detention, or Exile
The authorities generally charge suspects within 48 hours. In
most cases involving foreigners, the police promptly notify the
appropriate consular representative. Suspects detained in
security cases, however, are generally not afforded access to
counsel and may be detained indefinitely while under
investigation.
Involuntary exile is rare. There were no reported cases in
1993.
e. Denial of Fair Public Trial
There are two types of courts: the civil courts, which have
jurisdiction in civil and commercial matters, and the Shari'a
Court, which has jurisdiction in family and criminal cases.
There are no permanent security courts; security cases, which
are extremely rare, are tried by ad hoc military courts.
Defendants tried by all types of courts may submit their cases
to an appeals court. However, in cases tried by the Shari'a
Court, it is possible that the same judges will hear both the
original case and the appeal.
The judiciary is nominally independent, but most judges are
foreign nationals who hold residence permits granted by the
civil authorities and thus hold their positions at the
Government's pleasure. Qatar's legal system is biased in favor
of Qataris and the Government.
The Shari'a Court may assume jurisdiction in commercial or
civil cases if requested to do so by a Muslim litigant.
Non-Muslims are not allowed to bring suits as plaintiffs in the
Shari'a Court. This practice prevents non-Muslim residents
from obtaining full legal recourse when being sued by, or
trying to sue, a Qatari national.
In the Shari'a Court, only the disputing parties, their
relatives, associates, and witnesses are allowed in the
courtroom. Lawyers do not play a formal role except to prepare
litigants for their cases. Although non-Arabic speakers are
provided with translators, foreigners are disadvantaged,
especially in cases involving the performance of contracts.
Shari'a trials are normally brief. After both parties have
stated their cases and examined witnesses, judges are likely to
deliver a verdict after only a short deliberation. Criminal
cases are normally tried 2 to 3 months after suspects are
detained. There is no provision for release on bail in
criminal cases. However, foreigners charged with minor crimes
may be released to a Qatari sponsor. They are required to
deposit their passport with the police and are prohibited from
leaving Qatar until the case is resolved.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.
Traditional attitudes of respect for the sanctity of the home
provide a great deal of protection against arbitrary intrusions
for most citizens and residents of Qatar. A warrant must
normally be obtained before police may search a residence or
business, except in cases involving national security or
emergencies. However, warrants are issued by police officials
themselves, rather than by judicial authorities. There were no
reports of unauthorized searches of homes in 1993. The police
and security forces are believed to monitor the communications
of suspected criminals, those considered to be security risks,
and selected foreigners.
With prior permission, which is usually granted, Qataris may
marry foreigners of any nationality and apply for residence
permits for their spouses.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Foreigners and Qataris can and do express political opinions in
private. However, public criticism of the ruling family or of
Islam is not tolerated. The Government also discourages public
criticism of other Arab governments. This policy also applies
to the government-owned electronic media and the privately
owned press.
Since December 1989, the Government has permitted a modest
degree of freedom of the press, although still within limits.
Arrayah, the country's official newspaper, was suspended for
3 days during the summer. This decision followed an official
protest by the Embassy of Kuwait regarding the paper's overt
support for the acquisition of Iraqi players by a local soccer
team. Non-Qatari journalists generally avoid challenging press
restrictions because of the risk of having residence permits
canceled. Cable television service was introduced in 1993,
although it is subject to government censorship. The Customs
Division of the Ministry of Finance and Petroleum routinely
screens incoming video cassettes, audio tapes, books, and
periodicals for politically objectionable or pornographic
content. Locally published books and other materials and all
dramatic productions must be cleared by a board of censors
before release.
There are no legal provisions for academic freedom. Most
instructors at the University of Qatar are believed to exercise
self-censorship.
b. Freedom of Peaceful Assembly and Association
These rights are severely limited. The Government does not
allow political parties or political demonstrations or
membership in international professional organizations critical
of the Government or any other Arab government. The Government
allows private social, sports, trade, professional, and
cultural societies to operate, but they must register with the
Government, and their activities are closely watched.
Membership in international professional organizations critical
of the Government, or any other Arab government, is not
permitted. The Government does not allow political parties or
political demonstrations.
c. Freedom of Religion
Qatar's state religion is Islam, as interpreted by the
puritanical Wahabbi branch of the Sunni tradition. Adherents
of religions other than Islam are prohibited from public
worship and may not proselytize. In 1993 two leaders of a
Christian group known as the Indian Brethren were arrested and
subsequently deported, allegedly for converting a Hindu to
Christianity. Apostasy from Islam is a capital offense,
although no one is known to have been executed for it. The
Government tolerates the private practice of non-Muslim
religions, and non-Muslim parents may raise their children in
their own faiths. Private gatherings of non-Muslims are
tolerated but are closely monitored for political content. The
Government allows Shi'a Muslims to practice their faith.
However, the latter have tacitly agreed to refrain from the
more public aspects of their rituals, such as self-flagellation.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no restrictions on internal travel, except around
sensitive military and oil installations. Generally, women do
not require permission from male guardians to travel. However,
Qatari men may prevent female relatives from leaving the
country by placing their names with immigration officers at
ports of departure. Technically, Qatari women employed by the
Government must obtain official permission to travel abroad
when requesting leave, but it is not known to what extent this
regulation is enforced.
All Qatari citizens have the right to return. Foreigners are
subject to immigration restrictions designed to control the
size of the local labor pool. Foreigners who work in Qatar
must have a sponsor (usually an employer) in order to enter the
country. They must also obtain the sponsor's permission to
leave.
The Government has no formal refugee policy. Those attempting
to enter illegally, including officials seeking to defect from
nearby countries, are refused entry. Asylum seekers who can
obtain local sponsorship or employment are allowed to enter and
may remain as long as they keep their employment. Foreign
women married to Qataris are granted residence permits and may
apply for Qatari citizenship. However, they are expected to
give up their foreign citizenship in exchange.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens do not have the legal right to change their government
or the political system peacefully. Qatar has no formal
democratic institutions. There were reports that some of the
19 signers of a December 1991 petition calling for greater
political freedom and constitutional reform continued to be
subject to travel restrictions. Qatar's political institutions
blend the characteristics of a traditional Bedouin tribal state
and a modern bureaucracy. There are no political parties,
elections, or organized opposition groups.
The Amir exercises most executive and legislative powers,
including appointment of Cabinet members. His rule, however,
is tempered by local custom. Interlocking family networks and
the recognized right of citizens to submit appeals or petitions
directly to the Amir provide informal avenues for the redress
of many grievances. The custom of rule by consensus leads to
extensive consultations among the Amir, leading merchant
families, religious leaders, and other notables on important
policies.
Under Qatar's Basic Law of 1970, the Amir must be chosen from
and by the adult males of the Al Thani family. The current
Amir, Khalifa bin Hamad, has designated his son, Hamad bin
Khalifa, as the heir apparent. This designation was made with
the consent of the notables and religious leaders in accordance
with local custom.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Local human rights organizations are not permitted to exist,
and no international human rights organization is known to have
asked to investigate conditions in Qatar.
Section 5 Discrimination Based on Race, Religion, Sex,
Disability, Language, or Social Status
Women
The activities of Qatari women are closely restricted both by
law and by traditional customs. For example, Qatari women are
prohibited from applying for drivers' licenses unless they have
permission from a male guardian. This restriction does not
apply to non-Qatari women. Qatar adheres to Shari'a law in
matters of inheritance and child custody. While Muslim wives
have the right to inherit from their husbands, non-Muslim wives
do not, unless a special legacy is arranged. In cases of
divorce, it is rare for wives to obtain custody of children and
impossible if the father is Muslim and the wife is not. Women
may attend court proceedings but are generally represented by a
male relative.
Qatari women are largely relegated to the roles of mother and
homemaker, but some women are now finding jobs in education,
medicine, and the news media. However, the number of
professional women is too small to indicate whether they are
receiving equal pay for equal work. Increasingly, Qatari women
are receiving government scholarships to pursue degrees at
universities overseas. Although Qatari women are legally able
to travel abroad alone (see Section 2.d.), traditions and
social pressures cause most to travel with male escorts.
Violence against women, primarily foreign domestic workers,
occurs in Qatar but is not believed to be widespread. However,
some foreign domestics working in Qatar (especially those from
south Asia and the Philippines) have suffered severe
mistreatment. In keeping with Islamic law, all forms of
physical abuse are illegal, and the maximum penalty for rape is
death. The police actively investigate reports of violence
against women. In 1992 and 1993, the Government demonstrated
an increased willingness to arrest and punish offenders, both
Qatari and non-Qatari. However, most domestic worker victims
do not press charges for fear of losing their jobs and being
deported. The law is applied unevenly, with Qataris facing
lighter punishment than foreigners.
Children
Great importance is placed upon children in Qatari society.
The Government provides most medical care for free to all
residents, including children. Qatari children and the
children of expatriates employed by the Government are allowed
to enroll in public schools without charge.
National/Racial/Ethnic Minorities
The Government discriminates against some citizens of
non-Qatari origin. In the private sector, many Qataris of
Iranian extraction occupy positions of the highest importance.
However, in government they are rarely found in senior
decisionmaking positions.
Religious Minorities
Non-Muslims experience discrimination in employment,
particularly in sensitive areas such as security and education.
People with Disabilities
The Government has not enacted legislation or otherwise
mandated provision of accessibility for the handicapped, who
also face social discrimination. However, the Government
maintains a hospital and schools that provide free services to
the mentally and physically handicapped.
Section 6 Worker Rights
a. The Right of Association
The right of association is strictly limited, and all workers,
including foreigners, are prohibited from forming labor
unions. Despite this, almost all workers have the right to
strike after their case has been presented to the Labor
Conciliation Board and ruled upon. Employers may close a place
of work or dismiss employees once the Conciliation Board has
heard the case. The right to strike does not exist for
government employees, domestic workers, or members of the
employer's family. No worker in a public utility or health or
security service may strike if such a strike would harm the
public or lead to property damage. Strikes are rare, and there
were none in 1993.
Qatar's labor law provides for the establishment of joint
consultative committees composed of representatives of the
employer and workers. The committees may consider issues
including work organization and productivity, conditions of
employment, training of workers, and safety measures and their
implementation.
b. The Right to Organize and Bargain Collectively
Workers are prohibited from engaging in collective bargaining.
Generally, wages are set unilaterally by employers without
government involvement. Local courts handle disputes between
workers and employers. There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
There have been no reports of forced or compulsory labor, which
are prohibited by law. However, employers must give consent
before exit permits are issued to any foreigner seeking to
leave the country. There have been instances of employers
withholding this consent in retribution against departing
employees.
d. Minimum Age for Employment of Children
Minors between the ages of 15 and 18 may be employed with the
approval of their parents or guardians. However, younger
non-Qatari children sometimes work in small family-owned
businesses. Education is compulsory through age 15. While the
laws governing the minimum age for employment of children are
not strictly enforced, child labor, either Qatari or foreign,
is rare. Very young children, usually of African or south
Asian background, have been employed as riders in camel
racing. While little information is available on wages and
working conditions for these children, accidents involving
serious injury or death have been known to occur.
e. Acceptable Conditions of Work
There is no minimum wage in Qatar, although a 1962 law gives
the Amir authority to set one. The 48-hour workweek with a
24-hour rest period is prescribed by law, although most
government offices follow a schedule of 36 hours a week.
Employees who work more than 48 hours a week, or 36 hours a
week during the Muslim month of Ramadan, are entitled to
overtime. This law is adhered to in government offices and
major private sector companies. It is not observed in the case
of domestic and personal employees. Domestic servants
frequently work 7 days a week, more than 12 hours a day, with
few or no holidays, and have no effective way to redress
grievances against their employers.
Qatar has enacted regulations concerning worker safety and
health, but enforcement, which is the responsibility of the
Ministry of Industry and Public Works, is lax. The Department
of Public Safety oversees safety training and conditions, and
the state-run petroleum company has its own set of safety
standards and procedures. The Labor Law of 1964, as amended in
1984, lists partial and permanent disabilities for which
compensation may be awarded, some connected with handling
chemicals and petroleum products or construction injuries. The
law does not specifically set rates of payment and compensation.
Foreign workers must be sponsored by a legally recognized
organization or a Qatari citizen. Foreign workers need a
sponsor to receive a visa to enter Qatar as well as the
sponsor's permission to leave. Theoretically, any worker may
seek legal relief from onerous work conditions. However,
domestic workers, who experience the most difficulties,
generally accept their situations in order to avoid
repatriation.
[end of document]
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