Qatar: Numerous violations ensconced by Human Rights Council members

On 9 June 2010 Human Rights Council (HRC) adopted the Universal Periodic Review (UPR) Working Group's report (A/HRC/14/2) on Qatar. The review previously took place on 8 February 2010 during the UPR's seventh session. State party representatives had the opportunity to present their recommendations, which were later documented in the report, while their views and commitments of Qatar to the protection of human rights were also put forth.

Alkarama submitted a report as part of the NGO submissions process for Qatar's UPR, in which it detailed the human rights situation in Qatar. It also made recommendations that reflect its main concerns. However, the State representatives did not express similar concerns, particularly with regards to the provisions of new laws enacted in the context of the fight against terrorism. Act No. 17 of 2002 on the "protection of society" indicates the Interior Minister, in crimes related to state security may decide to detain a suspect if there are strong presumptions against him. The definition of this Act thus permits political opponents and people considered as extremists who express their political views to be punished. The Act also provides that for crimes related to state security, a suspect can detained up to two years before being brought before a judge.

The 2004 Anti-Terrorism Law confirms these provisions. No appeal before a court is possible when decisions are taken under these two laws, which effectively legalise arbitrary and incommunicado detention and open the door to a wide range of abuses. The suspects are not under the control of the law; they are at the mercy of their jailors. Those detained under the emergency laws cannot challenge their detention and are without access to legal counsel. Even if these laws are often not put into application, the fact that they exist means that they can be enforced. Alkarama has submitted several cases of arbitrary detention in Qatar to the UN human rights special procedures over the last few years and in many cases detainees are unable to challenge their detention and do not have access to a lawyer.

Another issue that was not been specifically addressed during Qatar's UPR concerns the Law governing nationality promulgated in 2005 (Law No. 38/2005). In this Act the Emir is given sweeping powers to grant, revoke or reinstate Qatari nationality. Article 11 authorizes him, in particular, to deprive any citizen of his nationality in certain cases, especially when one has joined foreign military forces or an institution or organization that undermines the social, economic or political structure of the country.

Naturalized citizens enjoy even less protection as one's nationality can be withdrawn at any moment based on a proposal by the Minister of Interior, even if he deems this measure to conform to the general interest (Article 12 in fine). The inequality between native Qatari citizens and naturalized citizens is established in the law, since the latter do not enjoy the same rights as the former; whatever the length of their naturalization, they can neither be voters nor candidates.

Article 36 of the Constitution indicates that, "No one shall be subjected to torture or degrading treatment. Torture is a crime punishable by law." The Penal Code of 2004 does not, however, include a single provision to punish this crime. Nevertheless, this point was not a topic of particular concern for the HRC during the session.

Several countries expressed their desire for the Qatar government to adopt the definition of torture in Article 1 of the Convention against Torture. Others have recommended that they ratify the International Covenant on Political and Civil Rights.

Various recommendations were made for the introduction of new laws related to the improvement of status and representation of women, workers, migrants, persons with disabilities and children.

Even recommendations made by some countries, whether benign or with little or no impact, were rejected by the Qatari Government, confirming once again this human rights review mechanism highlights the limitations of a government that few States are inclined to criticize.

However, it must be noted that the Qatari government has pledged to ratify both the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Alkarama encourages the authorities to implement these commitments as soon as possible.

For more information or an interview, please contact media@alkarama.org (Dir: +41 22 734 1008).