HUMAN RIGHTS STANDARDS IN QATAR,S LEGISLATION

UNCLAS SECTION 01 OF 02 DOHA 000213

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: PHUM PGOV PREL SOCI QA
SUBJECT: HUMAN RIGHTS STANDARDS IN QATAR,S LEGISLATION


1. Summary: At a recent workshop sponsored by the National
Human Rights Committee (NHRC),participants examined and
discussed the extent to which Qatar's constitution and
legislation meets international human rights standards.
Participants from the government sector, academia, the press
and quasi civil society organizations freely debated areas of
strengths and weaknesses in Qatari legislation and welcomed
the opportunity to express these views openly in front of a
diverse audience. They were notably critical of laws that
diverged from constitutional provisions by sanctioning
discrimination and undermining the rights of citizens. End
Summary.

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WORKSHOP ON HUMAN RIGHTS
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2. As part of a broader campaign aimed at raising awareness
about human rights, the National Human Rights Committee
(NHRC) recently held a workshop on human rights in Qatar's
constitution and legislation. In his welcoming remarks to
participants, Ali Bin Simaikh Al-Marri, secretary general of
the NHRC, observed that Qatar had witnessed a revolution in
legislation during 2004-2005. This development in turn
created the need for educating citizens about their rights
and duties. The workshop was attended by approximately 35 men
and women from, among others, the general prosecution, the
ministries of Interior, Justice and Civil Service Affairs,
the Supreme Council for Family Affairs, Qatar Foundation for
the Protection of Women and Children, the General Authority
for Charitable Works, and news media.

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CONSTITUTIONAL DIVIDE
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3. The three-day workshop was composed of lectures followed
by question-and-answer sessions. Presenters included
prominent professors from Qatar University: Dr. Yousef
Obaidan from the political science department, Drs. Hassan
Al-Sayyed and Fawzi Seddiq from the Law Faculty, and legal
counselors from the NHRC, Mohammed Fouad and Sayyed Gad
Allah. Presenters addressed civil and political rights, and
economic, social and cultural rights, respectively, as
enshrined in the UN International Covenants on Civil and
Political Rights and on Economic, Social and Cultural Rights.
Participants were provided with an overview of the provisions
of both Covenants and then had the opportunity to analyze the
extent to which the Qatari constitution and other legislation
provided for those rights.


4. During the workshop, participants questioned the rationale
of drafters for using other GCC constitutions and legislation
as models for Qatar, in light of the problems that have
emerged after the promulgation of those constitutions. They
questioned the enactment of laws inconsistent with
constitutional provisions and commented that the inability to
reconcile these discrepancies undermines the rights of
citizens and call into question the legitimacy of the
constitution. Participants referred to the case of Kuwait.
Some laws there discriminate against residents known as
"bidouns," i.e., those without nationality, although the
constitution confirms the equality of all people before the
law without distinction as to origin or other factors. Other
inconsistencies were found in legislation affecting women.
Participants gave as example nationality laws which, they
assert, discriminate against women by not allowing them to
confer nationality on their husbands. In so doing, the laws
sanction discrimination against women and facilitate their
unequal treatment, direct contradictions to constitutional
provisions.

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THE RIGHT TO ENVIRONMENT
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5. On the topic of the environment, participants agreed that
the government had taken the positive initiative of
protecting the environment in Qatar and complied with the
international laws and conventions on this issue even though
pollution in Qatar had not yet reached alarming levels.
However, the government still needs to address other
environmental protection laws and give more attention to
regional environmental issues affecting the waters and shores
of Qatar. Participants highlighted the need to coordinate
with other GCC States and international environmental bodies
to keep the gulf waters and shores clean.

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EXPRESSION & GOVERNMENT CONTROL
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7. In the final session of the workshop focused on the "right

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of opinion and expression," participants voiced concern about
the lack of legislation on this matter. Although the
constitution provide for freedom of expression, in practice,
anyone can be criminalized for expressing his or her opinion
on certain topics such as the ruling family and "sensitive
political issues." Other areas of concern included: the
inability of members of parliament to express their views
except inside parliament or in one of the committees; the
lack of a body or institution to ensure that governmental
actions and legislation are not in conflict with the
constitution; and the constitutionality of the law of
publications which restricts what gets published in the
media. Final comments addressed the composition of the NHRC.
According to the presenter, the structure of the NHRC
violates the Paris Principles, the UN Resolution that
established the role, composition, status and functions of
national human rights institutions. The participants asserted
that, contrary to the Paris Principles, the NHRC includes
government representatives on the board whose role exceeded
that of simply serving in an advisory capacity.

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THE RIGHT PATH
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8. Overall, participants were very satisfied with the
workshop. They acknowledged the novelty of the experience
itself and the opportunity it provided them to discuss in a
public forum human rights in the constitution and
legislation. While participants recognized that some
legislation and practices were weak or incompatible with
regard to international human rights norms and standards and
that legislative reform was still needed in particular areas,
they agreed that Qatar is on the right path.


9. Embassy Comment. The workshop was a timely and unique
event in that 1) Qatar's constitution came into force last
June and 2) it represented the first time that members of the
government and civil society were able to openly debate
strengths and weaknesses in the constitution and legislation.
Although open debate about such issues is still a sensitive
matter, these participants appeared to exchange views freely.
Another positive outcome of the workshop was that the
participants appeared determined to continue playing an
active role in these types of public debates. The workshop
also received extensive coverage by the press. The more
animated debates on using other GCC constitutions as models
for the Qatari one and laws discriminating against women,
however, were absent in the reports. End Comment.
UNTERMEYER