A/HRC/44/57/Add.1
appeal with the Prime Minister.67 Under article 11, the Minister of the Interior is authorized
to deport asylum seekers and refugees who engage in political activity to a country of the
minister’s choosing.68 In possible contravention to the guarantee to the right to liberty of
movement and residence enshrined in article 12 of the International Covenant on Civil and
Political Rights and article 5 (d) (i) of the International Convention on the Elimination of
All Forms of Racial Discrimination, article 10 of the political asylum law restricts refugee
movement by requiring asylum seekers and refugees to seek approval prior to moving from
their government-assigned place of residence. By prohibiting asylum seekers and refugees
from engaging in political activity, the law also impinges on the right to freedom of
expression,69 and freedom of peaceful assembly and association.70
59.
During the visit, officials from the Ministry of Foreign Affairs informed the Special
Rapporteur of the Government’s plan to ratify the Convention relating to the Status of
Refugees and its 1967 Protocol. The Special Rapporteur urges the Government to expedite
these ratifications, and to amend the law on political asylum to ensure its conformity with
the country’s international obligations, including the principle of non-refoulement.
D.
Undocumented foreign nationals
60.
The Special Rapporteur received reports that there is a population of undocumented
foreign nationals in Qatar as a result of violations of the entry, exit and residence
regulations. This population includes children who were born to undocumented parents or
to migrant parents whose visas prevent them from conferring legal status on children in the
country. Reports received indicate that migrant workers become undocumented due to
various factors that are out of their control, such as: their company went bankrupt; their
employer failed to renew their residency permit; or they were forced to flee an abusive
work situation and subsequently became undocumented. The lack of documentation poses a
severe barrier to the enjoyment of fundamental human rights, and Qatar must create
pathways for legalization for affected persons.
VI. Recommendations
61.
In the light of the findings above, and with the aim of further future
cooperation with the Government of Qatar, the Special Rapporteur makes the
following recommendations.
A.
Legal framework
62.
The Special Rapporteur urges the Government to adopt without delay a legal
definition of racial discrimination that fully implements article 1 of the International
Convention on the Elimination of All Forms of Racial Discrimination, and to
withdraw the reservations made to the International Covenant on Civil and Political
Rights, the International Covenant on Economic, Social and Cultural Rights and the
Convention on the Elimination of All Forms of Discrimination against Women.
63.
The Special Rapporteur urges the Government, in close cooperation with the
relevant human rights mechanisms and United Nations entities, including the Office of
the United Nations High Commissioner for Human Rights, to:
(a)
Adopt a national action plan to combat racism, racial discrimination,
xenophobia and related intolerance in accordance with the Durban Declaration and
Programme of Action and the outcome document of the Durban Review Conference
of 24 April 2009;
67
68
69
70
16
See also CERD/C/QAT/CO/17-21, para. 29.
Ibid.
International Convention on the Elimination of All Forms of Racial Discrimination, art. 5 (d) (viii).
Ibid., art. 5 (d) (ix).
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