A/HRC/45/16/Add.2
77.
The Working Group was informed during its visit that a new law against terrorism
was in the process of being adopted. Subsequently, in December 2019, Law No. 3 of 2004
was repealed and was replaced by Law No. 27 of 2019. Under article 23 of the new law, the
Public Prosecutor may keep a suspect in detention following interrogation for terrorism
offences for 15 days without bringing the suspect before a judicial authority. Under article
23, such detention may be extended by order of a competent court for up to 180 days.
78.
The existing practices in Qatar of administrative detention under these two laws and
the Protection of the Community Law are a serious affront to articles 9 and 14 of the
International Covenant on Civil and Political Rights, as the safeguards that would prevent
arbitrary deprivation of liberty are removed and such detention is effectively placed outside
the independent oversight of the judiciary. Without effective and independent oversight by
the judiciary, detention is always arbitrary. The Working Group recalls the 2018
recommendation of the National Human Rights Committee to abolish these laws, and calls
upon the Government to do so with utmost urgency.
De facto deprivation of liberty by private actors
79.
The Working Group received a number of reports of de facto deprivation of liberty by
private actors in Qatar.
80.
While article 189 of Law No. 22 of 2006 Promulgating “The Family Law” provides
that everyone who has reached the age of 18 has full legal capacity unless placed under
guardianship, the Working Group was informed that, in practice, women under the age of 25
must obtain the permission of their legal guardians, not only to engage in many regular daily
activities, including the signing of contracts, but also to leave the country. The Working
Group was informed that this prohibition on leaving extended to private residences, meaning
that women were prevented from leaving their family homes without the permission of their
legal guardians, resulting in de facto deprivation of liberty by their families. This is a breach
of both article 12 and article 26 of the International Covenant on Civil and Political Rights,
and amounts to discrimination on the basis of gender.
81.
Similar reports were received from the migrant worker community. Migrants were
reportedly prevented from leaving the residences where they were employed as domestic
workers, or had curfews imposed by their employers, which prohibited them from leaving
their residences after a certain time in the evening. The Working Group received credible
reports of employers withholding employees’ documents and salaries, as leverage to ensure
that they would not leave. Reports were also received of employers resorting to false
accusations of absconding, as a way of exerting control over their workers.14 Such complaints
would automatically trigger arrest by the police, which in turn would result in the worker
being detained for the time of the investigation.
82.
These situations lead to de facto deprivation of liberty by private actors, which is
neither stipulated in the national legislation nor permissible under international law. Article
9 of the International Covenant on Civil and Political Rights bestows the right to personal
liberty upon everyone and protects everyone against arbitrary deprivation of liberty. Every
State that is a party to the Covenant, including Qatar, not only has a duty to ensure that anyone
acting on its behalf, such as State authorities and its agents, do not infringe this right; it also
has a positive obligation to protect everyone in its territory or under its jurisdiction from
violations of this right by private parties.
83.
The Working Group welcomes the steps taken by the Government to abolish the
system of sponsorship of migrant workers, as a significant step in this direction, and
acknowledges the central work done in this area by the Ministry of Administrative
Development, Labour and Social Affairs. The Working Group invites the Government to
double its efforts to equalize the relationship between employers and employees by, for
example, enabling employees to renew ID cards themselves, and actively pursuing those
employers who withhold the documents and salaries of their employees. The practice of
imposing curfews in the domestic residences of workers should be abolished and all workers
should be free to utilize their time off work as they choose. Workers must be allowed to leave
their employers without the fear of being arrested for the so-called crime of absconding, and
14
14
CAT/C/QAT/CO/3, paras. 39–40; and CERD/C/QAT/CO/17-21, paras. 15–16.
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