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.
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