QATAR: INPUT FOR THE EIGHTH ANNUAL TRAFFICKING IN

UNCLAS SECTION 01 OF 10 DOHA 000171

SIPDIS

SENSITIVE
SIPDIS

STATE FOR G/TIP, G, INL, DRL, DRL/ILCSR, PRM, IWI, NEA/ARP,
NEA/RA, USAID
LABOR FOR ILAB

E.O. 12958: N/A
TAGS: PHUM PREL PREF KCRM KWMN SMIG KFRD ELAB QA
SUBJECT: QATAR: INPUT FOR THE EIGHTH ANNUAL TRAFFICKING IN
PERSONS (TIP) REPORT - PART I OF II

REF: STATE 2731


1. (SBU) Subsequent to the demotion of Qatar to Tier-3 status
last year, information and statistics from Qatari Government
and quasi-government stakeholders have been more difficult to
obtain. All government stakeholders, including the National
TIP Coordinator and the TIP shelter, have been instructed
that all requests for information and meetings with the U.S.
Embassy must come through and be cleared by the Ministry of
Foreign Affairs Human Rights Office. To date, Post has not
received government-supplied law enforcement or victim
assistance information. We will forward if and when received.


2. (U) The following is Post's input for the eight annual
Trafficking in Persons (TIP) Report. Answers are keyed to
reftel questions.


3. (SBU) Paragraph 27. OVERVIEW OF A COUNTRY'S ACTIVITIES TO
ELIMINATE TRAFFICKING IN PERSONS:


A. (SBU) Is the country a country of origin, transit, and/or
destination for internationally trafficked men, women, or
children?

- Qatar is a country of destination and transit for
internationally trafficked men and women.

Provide, where possible, numbers or estimates for each group;
how they were trafficked, to where, and for what purpose.

- There are no firm estimates of the total numbers of men and
women trafficked into the country; most came willingly to
work as laborers and domestic workers.

Does the trafficking occur within the country's borders?

- Yes, and in some cases, across borders.

Does it occur in territory outside of the government's
control (e.g. in a civil war situation)?

- N/A

Are any estimates or reliable numbers available as to the
extent or magnitude of the problem?

- 1000s

What is (are) the source(s) of available information on
trafficking in persons or what plans are in place (if any) to
undertake documentation of trafficking?

- Sources of information on trafficking in persons include
other diplomatic missions, government officials, commercial
contacts, international organizations, local and regional
media, expatriate community support groups, and contacts at
quasi-independent NGOs.

How reliable are the numbers and these sources?

- While the reliability of sources cannot always be
ascertained, cross-referencing information among various
sources helps to promote accuracy in information gathering.

Are certain groups of persons more at risk of being
trafficked (e.g. women and children, boys versus girls,
certain ethnic groups, refugees, etc.)?

- Foreign laborers, mostly male, and domestic workers, male

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and female, are most at risk of being trafficked. Men and
women from India, Pakistan, Bangladesh, Nepal, the
Philippines, Indonesia, Vietnam, Sri Lanka, Ethiopia, Sudan,
Thailand, Egypt, Syria, Jordan and the P.R.C. voluntarily
travel to Qatar as laborers and domestic servants, but some
subsequently face conditions of involuntary servitude.


B. (SBU) Please provide a general overview of the trafficking
situation in the country and any changes since the last TIP
Report (e.g. changes in direction)

- Since the last TIP Report, there has been little tangible
progress in government efforts at addressing trafficking in
persons. The government has acknowledged that trafficking
within the expatriate labor sector is a problem and has
drafted legislation to combat it. A comprehensive
anti-trafficking law, when enacted, would address
prosecution, protection, prevention, and compensation. A new
sponsorship law that is currently being circulated within the
government would purportedly would give more rights to
expatriate workers and more responsibility to sponsors. The
National Human Rights Committee (a quasi-governmental
organization) has concluded that the largest hindrance to
criminalizing TIP violations is ignorance of the current law
by all parties. To combat this, the committee has organized
a series of workshops for lawyers, judges, prosecutors, and
law educators that will highlight TIP and the existing Qatari
laws to combat it. The workshops began in March 2007. It
hopes as an outcome to enable victims to bring criminal
charges against the traffickers and to have the criminal
court be able to fairly adjudicate those cases according to
the criminal law. Current legislation guiding the
sponsorship of expatriate laborers and domestic workers has
created conditions that in many cases lead to situations
constituting forced labor or slavery. Expatriate laborers
are not allowed to leave the country without a signed exit
permit or to change employment without a written release from
their sponsor. The sponsors commonly withhold the passports
of the workers. The dependence of foreign laborers on their
employer for residency rights, plus the inability to change
employment or travel, leaves them vulnerable to abuse. Some
sponsors have used this power against their workers. They
have withheld their consent to force foreign employees to
work for longer periods to avoid having to pay a salary owed
to the worker and to extract money from the laborer. Many
workers end up in Qatar's Deportation Detention Center due to
their employer's refusing to pay back wages, withholding
their passports, or failing to renew their residence permits.
Nepalese officials reported that as many as 1000 Nepalese
workers have been held at the same time at the Deportation
Detention Center during the year and many have been awaiting
repatriation for several months. Law enforcement officials
apprehended many of the workers because they had expired
residence permits that are supposed to be renewed by the
sponsor. The country also was a destination for women from
East Asia, South Asia, and Africa who come to the country to
work as domestic servants. Women and girls also traveled to
the country to work as domestic servants, where they were
vulnerable to domestic servitude and physical and sexual
exploitation and unprotected by labor legislation. The
Indian Embassy reported that 236 maids had been forced into
these conditions. During the year the embassies of India,
Nepal, and Sri Lanka received a combined total of more than
15,000 complaints from male and female workers alleging
mistreatment by their employers. The Nepalese Embassy
reported that they received 10 to 11 complaints per day, and
the Sri Lankan Embassy received between 50 and 60 per day.
Complaints included sexual harassment, delayed and nonpayment
of salaries, forced labor, contract switching, holding of

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passports, poor accommodation, nonrepatriation, physical
torture or torment, overwork, imprisonment, and maltreatment.
Abused domestic servants usually did not press charges for
fear of losing their jobs. According to Indonesian
officials, 30 to 50 Indonesian housemaids ran away from their
sponsors each month during the year. The Nepalese Embassy
reported that more than 20 of their residents had been
recruited for positions as domestic workers in Qatar and
after arrival, were trafficked into Saudi Arabia to serve as
farm laborers. The Indian Embassy reported that at least 28
of their residents had likewise been trafficking into Saudi
Arabia from Qatar. Some of the workers were held
incommunicado in Saudi Arabia for periods of more than one
year, and at least two were abandoned and died. Regarding
the former child camel jockey problem, an interagency
committee was formed by the government to ensure the
implementation of the law banning the use of children as
camel jockeys. The committee conducted several visits to the
camel racing tracks during the reporting period and found no
violations.

What kind of conditions are the victims trafficked into?

- Horrendous living conditions.

Which populations are targeted by the traffickers?

- Primarily South- and East-Asian domestic workers and
laborers in countries with generally high unemployment rates
and low standards of living.

Who are the traffickers/exploiters? Are they independent
business people?

- Exporting and domestic recruiting agencies and Qatari
sponsors. Some are independent business people.

Small or family-based crime groups?

- Not known.

Large international organized crime syndicates?

- Not known.

What methods are used to approach victims? (Are they offered
lucrative jobs, sold by their families, approached by friends
of friends, etc.?)

- Victims are often offered fair wages and benefits for work
in Qatar by source country recruiting agencies.

What methods are used to move the victims (e.g., are false
documents being used?).

- Most often victims arrive willingly with valid travel
documents.

Are employment, travel, and tourism agencies or marriage
brokers involved with or fronting for traffickers or crime
groups to traffic individuals?

- There is no information to indicate that these
organizations are fronts for other trafficking groups.


C. (SBU) Which government agencies are involved in
anti-trafficking efforts and which agency, if any, has the
lead?


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- Officials from the Ministry of Foreign Affairs, Ministry of
Interior, Ministry of Labor and Social Affairs (Labor
Department),Supreme Judicial Council, General Health
Authority, General Prosecution, National Human Rights
Committee, the Qatar Foundation for Women and Children
Protection and the Supreme Council for Family Affairs are all
involved in anti-trafficking efforts. As of February 2007,
the Supreme Council for Family Affairs has the lead in
anti-trafficking efforts.


D. (SBU) What are the limitations on the government's ability
to address this problem in practice?

- There are cultural and socio-economic limitations in
addressing this problem in practice.

Is overall corruption a problem?

- Overall corruption is not a problem in this area.

For example, is funding for police or other institutions
inadequate?

- Funding is not a problem.

Does the government lack the resources to aid victims?

- No, but employment of resources is a problem.


E. (SBU) To what extent does the government systematically
monitor its anti-trafficking efforts (on all fronts -
prosecution, victim protection, and prevention) and
periodically make available, publicly or privately and
directly or through regional/international organizations, its
assessments of these anti-trafficking efforts?

- Although the government has identified various agencies to
implement anti-trafficking reforms, it does not effectively
monitor its anti-trafficking efforts. When requested, the
government does make available its assessments of its
anti-trafficking efforts to the requesting organization.


4. (SBU) Paragraph 28. INVESTIGATION AND PROSECUTION OF
TRAFFICKERS:


A. (SBU) Does the country have a law specifically prohibiting
trafficking in persons -- both for sexual and non-sexual
purposes (e.g. forced labor)? If so, please specifically
cite the name of the law and its date of enactment and
provide the exact language of the law prohibiting TIP and all
other law(s) used to prosecute TIP cases.

- Qatar does not have a law specifically prohibiting all
forms of trafficking in persons. The Government of Qatar has
drafted, but not enacted, amendments to its sponsorship
regulations intended to protect the rights of foreign
workers. The Qatari government has also drafted an
anti-trafficking law that is being circulated to relevant
agencies for comment. It is unclear when the laws will be
enacted. The director of the Supreme Council for Family
Affairs also noted that a new law specifically addressing
domestic workers is also being drafted; however, domestic
workers remain unprotected by general labor laws.

If so, please specifically cite the name of the law and its
date of enactment and provide the exact language of the law
prohibiting TIP and all other law(s) used to prosecute TIP
cases.


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- On July 28, 2005, Law No. 22, banning the transport,
employment, training, and involvement of children under the
age of eighteen in camel races, came into force. According
to Article 4, anyone who violates the law faces three to ten
years' imprisonment and a fine ranging between $13,000 and
$55,000.

Does the law(s) cover both internal and external
(transnational) forms of trafficking?

- Unknown.

If not, under what other laws can traffickers be prosecuted?
For example, are there laws against slavery or the
exploitation of prostitution by means of force, fraud or
coercion?

- Traffickers can be prosecuted under Article 321 (slavery)
or Article 322 (forced labor) of the Criminal Law of 2004,
which bans forced or coerced labor. The penalty for Article
321 is imprisonment of no more than seven years and the
penalty for Article 322 is imprisonment of no more than six
months and/or a fine of no more than QR 3,000 (USD 825). If
the victim is under 16, the penalty is imprisonment of no
more than six years and/or a fine of no more than QR 10,000
(USD 2,750). Also, Articles 318-319 of the Criminal Law
address crimes that violate human liberty and sanctity
(kidnapping). Specifically, Article 318 prohibits the
abduction, seizure or deprivation of an individual's liberty.
The penalty for crimes that violate human liberty and
sanctity is imprisonment of not more than ten years. In
2002, the government also passed a money laundering law
(Article 2) that specifically defines as a money laundering
crime the handling of money related to trafficking of women
and children. Although the new labor law enacted in January
2005 expands some worker rights, the new law does not extend
to domestic workers.

Are these other laws being used in trafficking cases?

- These laws are not being used to prosecute trafficking
cases.

Please provide a full inventory of trafficking laws,
including non-criminal statutes that allow for civil
penalties against alleged trafficking crimes, (e.g., civil
forfeiture laws and laws against illegal debt).

- There are no specific trafficking laws. The labor law
(which does not apply to domestic workers) allows the alleged
victim to bring his case to the labor court (a civil court)
to attempt to retrieve actual losses (dues owed),but there
are not additional remedies available (i.e., restitution).


B. (SBU) What are the prescribed penalties for trafficking
people for sexual exploitation?

- Pimping is punishable by imprisonment of not more than ten
years.

What penalties were imposed for persons convicted of sexual
exploitation over the reporting period?

- Unknown; statistics not provided.

Please note the number of convicted sex traffickers who
received suspended sentences and the number who received only
a fine as punishment.


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- Unknown; statistics not provided.


C. (SBU) Punishment of Labor Trafficking Offenses: What are
the prescribed and imposed penalties for trafficking for
labor exploitation, such as forced or bonded labor and
involuntary servitude?

- There are no specific trafficking laws addressing forced or
bonded labor. Abduction for the purpose of forced labor is
punishable by imprisonment of not more than seven years.
Forced labor is punishable by imprisonment of not more than
six months and a fine not to exceed $825, or both.

Do the government's laws provide for criminal punishment,
i.e. jail time, for labor recruiters in labor source
countries who engage in recruitment of laborers using
knowingly fraudulent or deceptive offers that result in
workers being trafficked in the destination country?

- N/A

Are there laws in destination countries punishing employers
or labor agents in labor destination countries who confiscate
workers' passports or travel documents, switch contracts
without the worker's consent as a means to keep the worker in
a state of service, or withhold payment of salaries as means
of keeping the worker in a state of service?

- There is currently no prohibition on the confiscation of
worker's passports or travel documents; however, the proposed
amendments to the existing Sponsorship Law will purportedly
make the practice illegal. Withholding payment may be
punishable by imprisonment of no more than six months and/or
a fine of no more than QR 3,000 (USD 825). If the victim is
under 16 years of age, the punishment is imprisonment of no
more than six years and/or a fine of QR 10,000 (USD 2,750).

If law(s) prescribe criminal punishments for these offenses,
what are the actual punishments imposed on persons convicted
of these offenses? Please note the number of convicted labor
traffickers who received suspended sentences and the number
who received only a fine as punishment.

- These provisions have not been used.


D. (SBU) What are the prescribed penalties for rape or
forcible sexual assault?

- The penalty for rape or forcible sexual assault is
imprisonment. The penalty for sexual exploitation is
imprisonment and carries with it a minimum sentence of five
years and a maximum of fifteen years. Cases involving
children carry an automatic fifteen-year sentence.

How do they compare to the prescribed penalties for crimes of
trafficking for commercial sexual exploitation?

- There are no trafficking laws addressing commercial sexual
exploitation.


E. (SBU) Is prostitution legalized or decriminalized?

- No.

Specifically, are the activities of the prostitute
criminalized?

- Yes, but women suspected of prostitution are often
summarily deported rather than prosecuted under the law.

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Are the activities of the brothel owner/operator, clients,
pimps, and enforcers criminalized?

- Yes, but those suspected of facilitation are often
summarily deported rather than prosecuted under the law.

Are these laws enforced?

- Rarely.

If prostitution is legal and regulated, what is the legal
minimum age for this activity? Note that in many countries
with federalist systems, prostitution laws may be under state
or local jurisdiction and may differ among jurisdictions.

- N/A.


F. (SBU) Has the government prosecuted any cases against
human trafficking offenders?

- Not specifically.

If so, provide numbers of investigations, prosecutions,
convictions, and sentences served, including details on plea
bargains and fines, if relevant and available.

- Unknown; statistics not provided.

Please indicate which laws were used to investigate,
prosecute, convict, and sentence traffickers.

- Criminal laws are not used to investigate, prosecute,
convict, or sentence traffickers.

Also, if possible, please disaggregate by type of TIP (labor
vs. commercial sexual exploitation) and victims (children, as
defined by U.S. and international law as under 18 years of
age, vs. adults).

- N/A.

Does the government in a labor source country criminally
prosecute labor recruiters who recruit laborers using
knowingly fraudulent or deceptive offers or impose on
recruited laborers inappropriately high or illegal fees or
commissions that create a debt bondage condition for the
laborer?

- Qatar is not a labor source country.

Does the government in a labor destination country criminally
prosecute employers or labor agents who confiscate workers'
passports/travel documents, switch contracts or terms of
employment without the worker's consent, use physical or
sexual abuse or the threat of such abuse to keep workers in a
state of service, or withhold payment of salaries as a means
to keep workers in a state of service?

- No. There is currently no prohibition on the confiscation
of workers' passports or travel documents; however, the
proposed amendments to the existing Sponsorship Law will
purportedly make the practice illegal. Employers who switch
contracts or terms of employment without the worker's
consent, or withhold payment of salaries are sometimes
summoned to the labor court and the cases are treated as
civil cases between employers and employees. Laborers and
domestic workers are often detained for months at the
Deportation Detention Center awaiting the outcome of their

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cases against their employers.

Are the traffickers serving the time sentenced?

- Traffickers are not criminally prosecuted. The two Qataris
that were sentenced to five-year prison terms for physical
abuse of their maid were released upon payment of blood money
to the maid's family. The maid subsequently died after being
returned to Indonesia.

If not, why not? Please indicate whether the government can
provide this information, and if not, why not?

- Traffickers are not criminally prosecuted. The government
does not identify trafficking crimes as trafficking.


G. (SBU) Does the government provide any specialized training
for government officials in how to recognize, investigate,
and prosecute instances of trafficking?

- Yes. TIP training has been incorporated into basic and
continuing training at the police academy. The TIP Office,
with assistance from the NHRC, also organized a series of
training courses and workshops for government and private
officials, including officials from the Ministry of Interior
and the Attorney General's Office, dealing with labor and
domestic helpers' affairs to educate them on the rights of
laborers and the obligations of employers. It included
police officers training on various methods of dealing with
TIP victims.

Specify whether NGOs, international organizations, and/or the
USG provide specialized training for host government
officials.

- The USDOJ has provided a host government funded proposal to
the GOQ to provide specialized training on TIP.


H. (SBU) Does the government cooperate with other governments
in the investigation and prosecution of trafficking cases?

- The government is not known to cooperate with other
governments in the investigation and prosecution of
trafficking cases. However, it coordinated with the Embassy
of Sudan in the repatriation of the young Sudanese boys
employed as camel jockeys. Also, the government shares
information with other countries in the region on patterns
involving prostitution. It works with labor attaches from
South Asian countries to resolve cases of labor contract
disputes, abuse of domestic servants, and workers present in
Qatar without authorization.

If possible, can post provide the number of cooperative
international investigations on trafficking during the
reporting period?

- Unknown; statistics not provided.


I. (SBU) Does the government extradite persons who are
charged with trafficking in other countries?

- According to the NHRC, the law does not permit the
extradition of convicted Qatari citizens to any other foreign
country.

If so, can post provide the number of traffickers extradited
during the reporting period?

- Unknown; statistics not provided.

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Does the government extradite its own nationals charged with
such offenses?

- There are no known cases.

If not, is the government prohibited by law form extraditing
its own nationals?

- According to the NHRC, yes.

If so, what is the government doing to modify its laws to
permit the extradition of its own nationals?

- Unknown.


J. (SBU) Is there evidence of government involvement in or
tolerance of trafficking, on a local or institutional level?
If so, please explain in detail.

- Some government tolerance of trafficking is demonstrated in
the enactment of legislation such as the Sponsorship Law,
which is authored by government offcials and which creates
and facilitates TIP situaions. For example, the Sponsorship
Law engenders situations of bondage and servitude by
prohibiting workers from leaving the country or changing
employment without the permission of their current sponsor.
Finally, the lack of enforcement of existing criminal
statutes and labor laws could be construed as official
toleration of TIP activities.


K. (SBU) If government officials are involved in trafficking,
what steps has the government taken to end such
participation?

- No known specific cases.

Please indicate the number of government officials
investigated and prosecuted for involvement in trafficking or
trafficking-related corruption during the reporting period.

- No known specific cases.

Have any been convicted?

- No known specific cases.

What sentence(s) was imposed?

- No known specific cases.

Please specify if officials received suspended sentences,
were given a fine, fired, or reassigned to another position
within the government as punishment.

- No known specific cases.

Please provide specific numbers, if available.

- No known specific cases.

Please indicate the number of convicted officials that
received suspended sentences or received only a fine as
punishment.

- No known specific cases.


L. (SBU) As part of the new requirements of the 2005 TVPRA,
for countries that contribute troops to international

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peacekeeping efforts, please indicate whether the government
vigorously investigated, prosecuted, convicted and sentenced
nationals of the country deployed abroad as part of a
peacekeeping or other similar mission who engage in or
facilitate severe forms of trafficking or who exploit victims
of such trafficking.

- As part of UNIFIL, Qatari troops have not been identified
as engaging in trafficking.


M. (SBU) If the country has an identified child sex tourism
problem (as source or destination),how many foreign
pedophiles has the government prosecuted or
deported/extradited to their country of origin?

- There is no identified child sex tourism problem.

What are the countries of origin for sex tourists?

- N/A.

Do the country's child sexual abuse laws have
extraterritorial coverage (similar to the U.S. PROTECT Act)?


- Article 7 of the Qatari Penal Code includes explicit
provisions endorsing the principles of territoriality and
extraterritorial jurisdiction over offences committed by
Qatari national or if the deceased is a Qatari.

If so, how many of the country's nationals have been
prosecuted and/or convicted under the extraterritorial
provision(s) for traveling to other countries to engage in
child sex tourism?

- Unknown; statistics not provided.
RATNEY