A/HRC/45/16/Add.2 the police must ensure that their investigations into these allegations against workers are objective, respect the presumption of innocence and do not lead to automatic detention for the time of the investigation. 84. The Working Group urges the Government to ensure that the right to personal liberty of all individuals in Qatar is respected, in both the public and private sectors. The positive legal duty of Qatar to protect everyone in its territory or under its jurisdiction against any human rights violation extends to an obligation to provide effective remedies whenever a violation occurs. The Working Group calls upon the Government of Qatar to abolish the system of guardianship immediately, and to ensure that all women and migrants are free to leave the homes of their families and employees if they choose to do so. VII. Civil society in Qatar 85. The Working Group was informed that both private and government-established civil society organizations operated in Qatar. However, stakeholders considered that there was a need for a significant strengthening of the independence of civil society. At present, approval to register and establish a civil society organization must be obtained from the Ministry of Administrative Development, Labour and Social Affairs under article 6 of Law No. 12 of 2004 on Private Associations and Foundations. According to Law No. 10 of 2010, which amends some provisions of Law No. 12 of 2004, under article 7, the Ministry may reject an application to establish a civil society organization by a reasoned decision in accordance with the requirements of the public interest. 86. Additionally, pursuant to article 35 (3), the Ministry may dissolve an association if it engages in “political matters”. Under article 43 (2), engaging in the activities of an unregistered organization is a criminal offence punishable by between one month and one year of imprisonment and a fine of between QR 15,000 and 50,000. 87. Several United Nations human rights mechanisms have expressed concern at the lack of independent civil society organizations and the absence of government consultation with civil society organizations in the implementation of human rights treaties, and have recommended that Law No. 12 of 2004 be amended to create a more enabling environment. The National Human Rights Committee has also called for the need to “allow more space” for civil society, in its most recent annual report, of 2018. Civil society organizations play a vital role in reducing the incidence of arbitrary deprivation of liberty, through their monitoring of places of detention, advocacy for change in relevant laws and practices, provision of advice on the implementation of human rights standards, and awareness-raising on the right to liberty. 88. The Working Group considers that these provisions severely restrict the establishment and operation of independent human rights organizations in Qatar and urges the Government to amend all laws that restrict the ability of civil society organizations to carry out these functions, including Law No. 12 of 2004. VIII. Implementation of opinions adopted by the Working Group 89. Since its establishment, the Working Group has adopted 10 opinions15 involving Qatar (see appendix II). The Working Group invites the Government to submit updated information, including on whether the subjects of those opinions, whose deprivation of liberty has been found to be arbitrary, have been released, whether reparations have been made to them and whether any other action has been taken to implement the recommendations. IX. Conclusions 90. The Working Group appreciates and commends the willingness of the Government to submit itself to scrutiny through the visit and considers that the findings 15 Opinion No. 58/2019 was adopted after the visit of the Working Group to Qatar but before the finalization of the present report, and is therefore included. 15

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