Identifier
Created
Classification
Origin
09DOHA529
2009-08-26 11:04:00
CONFIDENTIAL
Embassy Doha
Cable title:  

QATAR ACCEDES TO UN CONVENTION ON WOMEN

Tags:  PGOV PHUM KWMN SOCI QA 
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VZCZCXRO1343
PP RUEHDE RUEHDH RUEHDIR
DE RUEHDO #0529/01 2381104
ZNY CCCCC ZZH
P 261104Z AUG 09
FM AMEMBASSY DOHA
TO RUEHC/SECSTATE WASHDC PRIORITY 9346
INFO RUEHZM/GULF COOPERATION COUNCIL COLLECTIVE PRIORITY
RUCNDT/USMISSION USUN NEW YORK PRIORITY 1402
C O N F I D E N T I A L SECTION 01 OF 03 DOHA 000529 

SIPDIS

E.O. 12958: DECL: 08/25/2019
TAGS: PGOV PHUM KWMN SOCI QA
SUBJECT: QATAR ACCEDES TO UN CONVENTION ON WOMEN

Classified By: Charge d'affaires Mirembe Nantongo for reasons 1.4 (b an
d d).

--------------
(C) KEY POINTS
--------------

-- Qatar's Heir Apparent, Shaykh Tamim Bin Hamad Al Thani,
issued a decree on June 24 approving accession of the State
of Qatar to the United Nations Convention on the Elimination
of all Forms of Discrimination against Women (CEDAW).

-- The decree made a number of reservations to Qatar's
accession to CEDAW, most of which concerned women's marital,
inheritance, and cultural rights.

-- While Qatar's public commitment to the treaty's principles
is a good sign, its reservations raise doubts about the Gulf
state's intention to act on its obligations.

-- Ultimately, the significance of Qatar's accession to CEDAW
will be measured by its deeds, not its words.

-------------------------
(C) COMMENTS AND ANALYSIS
-------------------------

-- (C) Embassy contacts and commentators in the press view
Qatar's accession to CEDAW as a positive step that enhances
women's status in Qatari society. These Qataris are correct
that their country's accession to CEDAW is an important
development rhetorically committing the Gulf state to
improving the legal status of its women.

-- (C) That said, Qatar's reservations raise significant
questions about the Gulf country's commitment to improving
women's rights.

-- Further Embassy analysis follows in paragraphs 4-11 and
the text of the portions of the Convention to which Qatar
made reservations are set forth in paragraph 12.

End Key Points and Comments.

C O N F I D E N T I A L SECTION 01 OF 03 DOHA 000529

SIPDIS

E.O. 12958: DECL: 08/25/2019
TAGS: PGOV PHUM KWMN SOCI QA
SUBJECT: QATAR ACCEDES TO UN CONVENTION ON WOMEN

Classified By: Charge d'affaires Mirembe Nantongo for reasons 1.4 (b an
d d).

--------------
(C) KEY POINTS
--------------

-- Qatar's Heir Apparent, Shaykh Tamim Bin Hamad Al Thani,
issued a decree on June 24 approving accession of the State
of Qatar to the United Nations Convention on the Elimination
of all Forms of Discrimination against Women (CEDAW).

-- The decree made a number of reservations to Qatar's
accession to CEDAW, most of which concerned women's marital,
inheritance, and cultural rights.

-- While Qatar's public commitment to the treaty's principles
is a good sign, its reservations raise doubts about the Gulf
state's intention to act on its obligations.

-- Ultimately, the significance of Qatar's accession to CEDAW
will be measured by its deeds, not its words.

--------------
(C) COMMENTS AND ANALYSIS
--------------

-- (C) Embassy contacts and commentators in the press view
Qatar's accession to CEDAW as a positive step that enhances
women's status in Qatari society. These Qataris are correct
that their country's accession to CEDAW is an important
development rhetorically committing the Gulf state to
improving the legal status of its women.

-- (C) That said, Qatar's reservations raise significant
questions about the Gulf country's commitment to improving
women's rights.

-- Further Embassy analysis follows in paragraphs 4-11 and
the text of the portions of the Convention to which Qatar
made reservations are set forth in paragraph 12.

End Key Points and Comments.


1. (U) On June 24, Shaykh Tamim Bin Hamad Al Thani, the Heir
Apparent, issued an Amiri Decree approving Qatar's accession
to the United Nations Convention on the Elimination of All
Forms of Discrimination (CEDAW). Qatar conditioned its
acceptance of the treaty by taking into account the following
reservations: (1),(2/a),(5/a),(9/2),(15/4),(16/1/a, c,
and f),and (29/1). Most of these reservations relate to
matters of nationality and family law.

--------------
DOMESTIC REACTION
--------------


2. (U) Qatar hailed its accession to CEDAW as another
important milestone in the country's modernization. In an

interview with the Arabic daily Al-Raya, Dr. Youssef
Al-Obaidan, Vice President of the National Human Rights
Commission, extolled the Amiri Decree, stating that it
promoted human rights in the Gulf state. He added that the
signing of the Convention would help promote the status of
women in Qatari society and bolster the principle of
equality, which is enshrined in the Qatari Constitution. Dr.
Obaidan stressed that Qatar's reservations uphold the rights
of women under Islamic law.


3. (SBU) Dr. Abdel-Hamid Al-Ansari, former Dean of Islamic
Law at Qatar University, told us that while Qatari women
already enjoy an advanced level of rights, the accession was
an additional positive step as it provided an impetus for
further advances in women's rights. Dr. Al-Ansari further
noted that the Constitution of Qatar, which is derived from
Islamic Sharia, emphasizes the equality of men and women. He
emphasized that there is nothing in the Constitution that
contradicts the principles enshrined in CEDAW.

--------------
QATAR'S RESERVATIONS
--------------

4.(C) Article 2(a) calls on treaty parties to accord women
equality in their constitutions. In making a reservation to
this clause, Qatar claimed to be motivated by a concern for
redundancy - since Article 35 of the Qatari constitution
already recognizes the equality of the sexes - rather than by
opposition to the principle of equality between the sexes.


5. (C) Qatar's reservation on Article 5(a),which calls for
the modification of "social and cultural practices" based on

DOHA 00000529 002 OF 003


stereotypes, has both religious and cultural components.
Qatar probably construed this provision as in conflict with
Sharia, which upholds different roles for men and women.


6. (C) Nearly every Arab state joined Qatar in making a
reservation on Article 9(2),which commits treaty parties to
granting women equal rights in the determination of their
children's nationality. Such concern for the nationality of
children likely reflects the patriarchal basis of Arab
societies.


7. (C) Like Article 9(2),Qatar's reservation to 15(4),which
endorses women's freedom of travel and residence rights, is
rooted in its patriarchal culture. While less uniform than
Article 9(2),objections to Article 15(4) appear to reflect
the dominant role of men in Arab society.


8. (C) Qatar's objection to 16(1)(a),(b),and (c),which
accord women the same rights to and during marriage, likely
stems from the country's understanding of Islam. Sharia, the
basis of family law in Qatar, recognizes different roles for
men and women in marriage and divorce.

9.(C) Qatar's position on Article 16 appears to be one of the
more liberal stances in the Arab world. While most Arab
countries make reservations on the entirety of Article 16,
Qatar only objected to three of the clauses of one of the
articles. Particularly noteworthy is Qatar's support for
clauses that endorse a woman's free choice of a spouse --
Article 16(1)(b) -- and equal rights for men and women as
parents - Article 16(1)(d).


10. (C) Qatar's reservation to 29(1),which permits treaty
parties to unilaterally refer any dispute to the
International Court of Justice if negotiation fails to
resolve the conflict, stems from a desire to preserve its
sovereignty as an independent country, not any religious or
cultural tradition.


11. (C) However, Qatar's objection to Article 29(1) means
there is no mechanism to enforce implementation of even those
provisions to which it did not object. Ultimately, the
significance of Qatar's accession to CEDAW will be measured
by its deeds, not its words.


12. (U) THE CONVENTION: RELEVANT TEXT

--------------
ARTICLE 1
--------------

For the purposes of the present Convention, the term
"discrimination against women" shall mean any distinction,
exclusion or restriction made on the basis of sex which has
the effect or purpose of impairing or nullifying the
recognition, enjoyment or exercise by women, irrespective of
their marital status, on a basis of equality of men and
women, of human rights and fundamental freedoms in the
political, economic, social, cultural, civil or any other
field.

--------------
ARTICLE 2
--------------

(U) States Parties condemn discrimination against women in
all its forms, agree to pursue by all appropriate means and
without delay a policy of eliminating discrimination against
women and, to this end, undertake:

-- (a) To embody the principle of the equality of men and
women in their national constitutions or other appropriate
legislation if not yet incorporated therein and to ensure,
through law and other appropriate means, the practical
realization of this principle.

--------------
ARTICLE 5
--------------

States shall take all appropriate measures:

-- (a) To modify the social and cultural patterns of conduct
of men and women, with a view to achieving the elimination of
prejudices and customary and all other practices which are
based on the idea of the inferiority or the superiority of
either of the sexes or on stereotyped roles for men and women.

--------------
ARTICLE 9
--------------


DOHA 00000529 003 OF 003


(2) States parties shall grant women equal rights with men
with respect to the nationality of their children.

--------------
ARTICLE 15
--------------

(4) States Parties shall accord to men and women the same
rights with regard to the law relating to the movement of
persons and the freedom to choose their residence and
domicile.

--------------
ARTICLE 16
--------------

(1) States Parties shall take all appropriate measures to
eliminate discrimination against women in all matters
relating to marriage and family relations and in particular
shall ensure, on a basis of equality of men and women:

-- (a) The same right to enter into marriage;

-- (c) The same rights and responsibilities during marriage
and at its dissolution;

-- (f) The same rights and responsibilities with regard to
guardianship, wardship, trusteeship and adoption of children,
or similar institutions where these concepts exist in
national legislation; in all cases the interests of the
children shall be paramount.

--------------
ARTICLE 29
--------------

(1) Any dispute between two or more States Parties concerning
the interpretation or application of the present Convention
which is not settled by negotiation shall, at the request of
one of them, be submitted to arbitration. If within six
months from the date of the request for arbitration, any one
of those parties may refer the dispute to the International
Court of Justice by request in conformity with the Statute of
the Court.
Nantongo