A/HRC/44/44/Add.1 the functions of ministries, other governmental bodies and the consultative bodies that assist and advise him in the task of directing and overseeing higher State policy (ibid., para. 41). 9. Under the Constitution, the Advisory Council is vested with the power to legislate, approve the general budget and exercise oversight of the executive branch. Article 77 establishes a unicameral legislative system for Qatar. The Advisory Council consists of one chamber that comprises both elected and appointed members, and in which the elected members form a clear majority. Article 77 states that the Advisory Council consists of 45 members, two thirds of whom are elected by direct, secret and universal suffrage. The other members are appointed by the Emir. The Elections Act defines the conditions for the nomination of members of the legislature and their election to office (ibid., para. 42). 10. The Council of Ministers assists the Emir in performing his functions and exercising his powers under the Constitution and the law. In its capacity as the supreme executive body, the Council of Ministers manages all internal and external affairs falling within its purview under the Constitution and the law. It is responsible for proposing laws and decrees to be put before the Advisory Council for discussion. If approved, they are submitted to the Emir for ratification and promulgation in accordance with the Constitution. Among other functions, the Council of Ministers also adopts regulations and decisions drawn up by ministries, oversees law enforcement, and monitors the conduct of the Government’s financial and administrative affairs (ibid., para. 43). 11. The Constitution espouses the principle of the rule of law. Article 129 stipulates that” the rule of law is the basis of government in the State. The honour, impartiality and fairness of judges serve as a guarantee of rights and freedoms”. Article 130 stipulates that “the judiciary is independent and judicial authority is vested in courts of various kinds and levels”. According to article 131, judges are independent and subject to no authority other than the law; there may be no interference in legal proceedings or in the administration of justice”. Article 137 stipulates that “the judiciary shall have a supreme council to oversee the conduct of the work of the courts and their auxiliary bodies. The composition, powers and functions of the council shall be prescribed by law” (ibid., para. 44). 12. The Office of the Public Prosecutor is an independent judicial body charged with bringing public legal actions on behalf of society. It oversees criminal investigations and monitors law enforcement. It initiates and pursues criminal proceedings and takes all appropriate measures in accordance with the law. It also has powers to conduct investigations and bring charges (ibid., para. 47). 12. In assessing the situation of human rights-based solidarity in Qatar, the Independent Expert refers to the applicable normative framework established by international human rights treaties, the draft declaration on the right to international solidarity (A/HRC/35/35, annex), the universal periodic review of Qatar and relevant findings of the treaty bodies. The Independent Expert also notes relevant domestic legislation. 13. Qatar acceded to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights in 2018, although the Independent Expert recalls that the Committee on the Elimination of Racial Discrimination noted with regret the State party’s reservations to them.4 It is also noteworthy that Qatar is now party to seven human rights treaties, including the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Elimination of All Forms of Discrimination against Women. 14. The draft declaration on the right to international solidarity is a useful framework for analysing information gathered on country visits. It defines international solidarity as the expression of a spirit of unity among individuals, peoples, States and international organizations, encompassing the union of interests, purposes and actions and the recognition of different needs and rights to achieve common goals. It furthermore identifies the 4 4 CERD/C/QAT/CO/17-21, para. 4. See also the submission of Amnesty International for the universal periodic review of Qatar (available from www.ohchr.org/EN/HRBodies/UPR/Pages/UPRQAStakeholdersInfoS33.aspx), p. 1; and Human Rights Watch, “Partial Reforms Risk Undermining Progress: Important Measures, but Fall Short of Promises, Obligations”, 17 January 17 2019.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents