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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