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TITLE: QATAR HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
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 consultation with leading citizens, rule by
consensus, and the right of any citizen to appeal personally to
the Amir. The Amir considers 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, is comprised of two sections: the police and the
General Administration of Public Security; and the
Investigatory Police (Mubahathat) which is responsible for
sedition and espionage cases. There have been reports in the
past that officers in the Mubahathat physically abused
suspects. There were no such reports in 1994. The armed
forces have under their jurisdiction another enforcement
organization, known as the Intelligence Service (Mukhabarat),
which intercepts and arrests terrorists and monitors political
dissidents.
The State owns most basic industries and services, but the
retail and construction industries are in private hands. Oil
is the principal natural resource, but the country's extensive
natural gas resources are expected to play an increasingly
important role. The rapid development of the 1970's and early
1980's created an economy in which expatriate workers, mostly
South Asian and Arab, outnumber Qataris by a ratio of 4 to 1.
The Government tries to reduce this ratio by offering many
government jobs only to citizens.
There was no significant change in the human rights situation
in 1994. Human rights remain closely restricted. The main
problems continued to 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. Women's
rights are closely restricted, and non-Qatari workers face
systematic discrimination.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Extrajudicial Killing
There were no reports of political or extrajudicial killing.
b. Disappearance
There were no reports of disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There have been no reported instances of torture for several
years. The Government administers most corporal punishment
prescribed by Islamic 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 are generally not afforded access to counsel and
may be detained indefinitely while under investigation. There
are no known recent cases of incommunicado detention.
Involuntary exile is rare. There were no reported cases in
1994.
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 rare, are tried by ad hoc military courts. Defendants
tried by all courts have the right to appeal. Occasionally in
the Shari'a Court, the same judge will hear the original case
and the appeal.
Defendants appear before a judge for a preliminary hearing
within 7 days of their arrest. Judges may extend pretrial
detention a week at a time to allow the authorities to conduct
investigations. Defendants in the civil courts have the right
to be represented by defense attorneys but are not always
permitted to be represented by counsel in the Shari'a Court.
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. The legal system is biased in favor of
Qataris and the Government. A Muslim litigant may request the
Shari'a Court to assume jurisdiction in commercial or civil
cases. 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.
Trials in the civil courts are public, but 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 a short deliberation. Criminal cases
are normally tried within 2 to 3 months after suspects are
detained. There is no provision for bail in criminal cases.
However, foreigners charged with minor crimes may be released
to a Qatari sponsor. They are prohibited from departing the
country until the case is resolved.
There are no known political prisoners.
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 1994. 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
The freedoms of both speech and press are significantly
restricted. While citizens may express political opinions in
private, the Government does not tolerate any public criticism
of the ruling family or Islam and discourages criticism of
other Arab governments. Such restrictions apply to the
privately owned press and the state-owned electronic media.
Censors review the content of local newspapers, books, and
other locally published material for objectionable material,
but in general, journalists censor themselves. Foreign
journalists avoid challenging press restrictions because they
fear the Government may cancel their residency permits.
Customs officials routinely screen imported video cassettes,
audio tapes, books, and periodicals for politically
objectionable or pornographic content. Foreign cable
television service was introduced in 1993, but censors review
broadcasts for objectionable material. There is no legal
provision for academic freedom. Most instructors at the
University of Qatar exercise self-censorship.
b. Freedom of Peaceful Assembly and Association
These rights are severely limited. The Government does not
allow political parties, political demonstrations, or
membership in international professional organizations critical
of the Government or any other Arab government. Private
social, sports, trade, professional, and cultural societies
must be registered with the Government. Security forces
monitor the activities of such groups.
c. Freedom of Religion
The state religion is Islam, as interpreted by the puritanical
Wahabbi branch of the Sunni tradition. Non-Muslims are
prohibited from public worship and may not proselytize. The
Government tolerates private gatherings of non-Muslims but
closely monitors them for political content. Non-Muslim
parents may raise their children in their own faiths. The
Government allows Shi'a Muslims to practice their faith.
However, the latter have tacitly agreed to refrain from such
public rituals as self-flagellation.
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.
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,
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. Citizens critical of the Government
may face restrictions on their right to travel abroad.
All citizens have the right to return. Foreigners are subject
to immigration restrictions designed to control the size of the
local labor pool. Foreign workers must have a sponsor, usually
their employer, to enter or depart the country.
The Government has no formal refugee policy. Those attempting
to enter illegally, including persons 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 are employed. Foreign women married
to Qataris are granted residence permits and may apply for
Qatari citizenship. However, they are expected to relinquish
their foreign citizenship.
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 have been 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. The 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. However, his rule is
tempered by local custom. Interlocking family networks,
together with the right of citizens to submit appeals or
petitions 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 the 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 local 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.
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 tradition. For example, 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. The Government 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,
wives rarely obtain custody of children and never if the wife
is not a Muslim. Women may attend court proceedings but are
generally represented by a male relative.
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 determine whether they are
receiving equal pay for equal work. Increasingly, women are
receiving government scholarships to pursue degrees at
universities overseas. Although women are legally able to
travel abroad alone (see Section 2.d.), tradition and social
pressures cause most to travel with male escorts.
Violence against women, primarily foreign domestic workers,
occurs but is not believed to be widespread. However, some
foreign domestics, especially those from South Asia and the
Philippines, have been severely mistreated by employers. In
keeping with Islamic law, all forms of physical abuse are
illegal. The maximum penalty for rape is death. The police
actively investigate reports of violence against women. In the
last few years, the Government has demonstrated an increased
willingness to arrest and punish offenders, whether citizens or
foreigners. Offenders who are citizens usually receive lighter
punishments than foreigners. Abused domestic workers usually
do not press charges for fear of losing their jobs.
There is no independent women's rights organization, nor would
the Government permit the establishment of one.
Children
There is no pattern of societal abuse of children.
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. Non-Muslims also encounter official prohibitions in
the public practice of their religions (see Section 2.c.).
People with Disabilities
The Government has not enacted legislation or otherwise
mandated provision of accessibility for the handicapped, who
also face social discrimination. The Government does maintain
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 1994.
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
The law prohibits forced or compulsory labor. Such activity is
not known to exist. However, employers must give consent
before exit permits are issued to any foreigner seeking to
leave the country. Some employers temporarily withhold this
consent to force foreign employees to work for longer periods
than they wish.
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.
Minors may not work more than 6 hours a day or more than 36
hours a week. Employers must provide the Ministry of Labor
with the names and occupations of their minor employees. The
Ministry may prohibit the employment of minors in jobs which
are judged as dangerous to the health, safety, or morals of
minors. Employers must also obtain permission from the
Ministry of Education to hire a minor.
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 Energy and Industry, 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 citizen or legally
recognized organization to obtain an entry visa, and must have
their sponsor's permission to depart the country.
Theoretically, any worker may seek legal relief from onerous
work conditions, but domestic workers generally accept their
situations in order to avoid repatriation.
(###)
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