Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Qatar (Ratification: 2007)

Autre commentaire sur C105

Observation

2019

Demande directe

2016
2013
2011
2010

Afficher en : Francais - Espagnol - ArabicTout voir

Article 1(a) of the Convention. Imposition of labour as a punishment for expressing political views or views ideologically opposed to the political, social or economic system. In its previous comments, the Committee noted that sentences of imprisonment (involving compulsory labour, under the terms of section 62 of the Penal Code) may be imposed under certain provisions of the national legislation in circumstances which fall within the scope of Article 1(a) of the Convention, namely:

-sections 35 and 43 of Act No. 12 of 2004 concerning associations, which prohibit the creation of political associations and provide for a sentence of imprisonment of between one month and one year for any person who carries out an activity contrary to the purpose for which an association was created;
-section 115 of the Penal Code, which prohibits the dissemination of information or false statements on the country’s domestic situation which damage the economy, the prestige of the State or national interests; and
-section 134 of the Penal Code, which prohibits any open criticism or defamation of the Prince or his heir.

The Committee further notes that, under certain provisions, sentences of imprisonment (involving compulsory labour) may be imposed in the following cases:

-section 46 of Act No. 8 of 1979 on publications, which prohibits any criticism of the Prince or his heir, and section 47 of the same Act, which prohibits the publication of any defamatory documents on the President of an Arab or Muslim country or a friendly country, as well as documents prejudicing the national currency or raising confusion concerning the economic situation of the country; and
-sections 15 and 17 of Act No. 18 of 2004 on public meetings and demonstrations, which prohibits public assembly without prior authorization.

In its latest report, the Government indicates that the provisions of Act No. 12 of 2004 on associations, as well as those of the Penal Code, make no reference to sentences of forced labour.

The Committee recalls in this respect, referring also to the explanations provided in paragraphs 144–147 of its 2007 General Survey on the eradication of forced labour, that any sentence involving compulsory labour, including compulsory prison labour, is covered by the Convention when it is exacted in one of the five cases specified by the instrument, and particularly as punishment for expressing political views or for having participated in strikes.

However, the Committee noted in its previous comments that, under the terms of section 62 of the Penal Code, a convicted person who is serving a sentence of imprisonment is under the obligation to perform the work prescribed by prison rules. It further notes that, under the terms of section 16 of the Prison Regulations of 1995, prisoners convicted for a specific period or for life (categories “b” and “c”) shall be employed on tasks specified in the prison rules.

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It refers once again to the explanations provided in paragraph 154 of its General Survey, referred to above, in which it emphasizes that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, sanctions involving compulsory labour fall within the scope of the Convention when they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. The freedom of expression of political or ideological views may also be restricted by the prohibition of various sorts of meetings or associations, which is also contrary to the Convention where such prohibition is accompanied by sanctions involving compulsory labour.

The Committee hopes that the necessary measures will be taken to bring the above provisions into conformity with Article 1(a) of the Convention and that the Government will soon be in a position to report the progress achieved in this respect. While awaiting the adoption of such measures, the Committee once again requests the Government to provide information on the application of these provisions in practice, supplying copies of court decisions and indicating the penalties imposed.

Article 1(d). Imposition of labour as punishment for having participated in a strike. With reference to its previous comments, the Committee notes the Government’s indication that no penal sanction is established in the Labour Code for breaches of the provisions of section 120, which prohibits any strikes in essential services, and that such a violation is of an administrative nature.

While noting this indication, the Committee requests the Government to indicate the administrative penalties imposed in the event of strikes in the essential services indicated in section 120 of the Labour Code.

Communication of legislative texts. The Committee once again requests the Government to provide a copy of the full version of the Shipping Act and its Regulations concerning the penalties imposed on seafarers for breaches of labour and discipline.