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PP RUEHDE RUEHDH RUEHDIR
DE RUEHDO #0466/01 2031335
ZNR UUUUU ZZH
P 221335Z JUL 09
FM AMEMBASSY DOHA
TO RUEHC/SECSTATE WASHDC PRIORITY 9268
INFO RUEHZM/GULF COOPERATION COUNCIL COLLECTIVE

UNCLAS SECTION 01 OF 06 DOHA 000466 
 
SENSITIVE, SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM SOCI SCUL QA
SUBJECT: QATAR RELEASES ITS OWN HUMAN RIGHTS REPORT; JUDGMENTS CLOSE 
TO ANNUAL STATE DEPARTMENT REPORT 
 
----------------------------- 
(SBU) KEY POINTS AND ANALYSIS 
----------------------------- 
 
-- Qatar's National Human Rights Committee (NHRC) published this 
month its 2008 Annual Report. (The NHRC is government-appointed and 
funded.) 
 
-- The overwhelming majority of the 2008 NHRC Report is similar in 
tone and judgment to the 2008 Human Rights Report for Qatar prepared 
by Embassy Doha and published by the Department of State. 
 
-- The two reports share consistent themes of human rights, civil 
liberties, and legal rights.  Still, these concepts are outlined 
differently as a result of Qatar's conservative Islamic values. 
 
-- The NHRC report went beyond the State report by recounting 
complaints and petitions submitted to the Committee, and highlighted 
Qatar's ratification of Charters and Conventions aimed at promoting 
human rights. 
 
-- Unlike our report, the NHRC report covers more areas - such as 
the early 2008 Gaza war and health care.  The NHRC probably included 
these issues as a nod to domestic sentiments and, on Gaza, to 
demonstrate Qatar's attempted regional leadership on this issue. 
Finally, the report largely neglects some issues covered in the 
State report, such as religious freedom. 
 
END KEY POINTS AND ANALYSIS. 
 
¶1. Following is Post's detailed summary of the NHRC report and a 
comparison of its findings with that of our most recent Human Rights 
report for Qatar. 
 
GAZA 
---- 
 
-- The NHRC Report begins with a review of Qatar's reaction to the 
war in Gaza, stating that the conflict cast a heavy shadow on the 
feelings, reactions, and concerns of Qataris at all levels. 
 
-- The Committee lauded the GOQ's diplomatic role in responding to 
the war.  Specifically, Qatar called for an emergency Arab summit 
where member states considered how to help end the crisis in Gaza. 
(Note: Qatar failed to achieve a quorum of Arab League members and 
instead ended up hosting a meeting which tilted toward the radical 
camp.) 
 
HUMAN RIGHTS 
------------ 
 
-- The NHRC applauded the GOQ's efforts for respecting the rule of 
law and individual rights and freedoms, citing no reports of 
disappearances or unlawful killings.  This was also reflected in the 
DOS Report. 
 
-- The Department of State (DOS) Report states that Qatar lacked a 
comprehensive definition of torture in its domestic law, and cited 
two cases alleging torture. The DOS Report states that one case was 
resolved with a fine, while the other remains open. Although these 
cases were mentioned in the NHRC Report, they failed to elaborate on 
how the cases were resolved. 
 
-- The NHRC Report highlights significant obstacles for citizens to 
exercise their right to litigation and offers an extensive list of 
recommendations.  Among the most notable recommendations were: 
developing a center for legal and judicial studies, establishing a 
dedicated judicial police force to assume responsibility for the 
enforcement of laws, and allowing for appeals on all administrative 
decisions. 
 
--The NHRC also recommended increasing the number of judges in the 
judiciary to cope with the growing number of cases; we note in the 
DOS report that Qatar has already accomplished some additional 
hiring. 
 
-- The DOS Report identifies the "Protection of Society and 
Combating Terrorism Law" as one obstacle to due process.  Qatari 
criminal law requires that persons be apprehended openly with 
warrants, charged within 24 hours, and be brought before a court 
without undue delay. The Protection of Society and Combating 
Terrorism law, however, permits detention of an individual without 
charges for up to two years (in six month periods which can be 
extended) and allows detention for up to six months without charges 
for investigation purposes. Decisions taken under this law may not 
be appealed in courts. The law empowers the Minister of Interior to 
detain an individual for crimes related to national security, honor, 
or impudence. 
 
-- The NHRC report recommends the GOQ reconsider specific articles 
relating to the detention of individuals for extended periods of 
 
DOHA 00000466  002 OF 006 
 
 
time.  Specifically, the Committee would like the GOQ to review Law 
No. 5 of 2003, which holds persons for extended periods of time 
without trial and prevents detainees from appeal against decisions 
made by the courts. 
 
-- The constitution of Qatar provides for the right to a fair trial 
for all citizens. The DOS Report states that although Shari'a courts 
were eliminated, women continued to receive unequal status in 
certain civil proceedings. 
 
-- The NHRC Report similarly demonstrates that individuals face 
barriers when exercising their right to litigation, however, it does 
not specifically cite deficiencies for women. It lists prolonged 
investigations, slow pace of judgments by courts, increased 
provisional detention, lack of jurisdiction oversight, and the 
absence of alternatives as key deficiencies within the Qatari legal 
system. 
 
(Note/Comment: Although the DOS Report fails to find substantial 
deficiencies within the Qatari legal system, the NHRC, however, 
listed a number of ways in which the system could be improved.  This 
effort to address the shortcomings of the Qatari trial system speaks 
favorably to the NHRC's efforts to provide substantive review and 
advice.) 
 
-- While the DOS Report refers to the status of political prisoners 
within Qatar, the NHRC omits any reference to political prisoners 
and detainees. (Note: This issue may have been deemed too sensitive 
for the GOQ and the royal family.)  However, the DOS Report notes 
that while some political prisoners have either been released by the 
Amir, others are still being held. 
 
CIVIL LIBERTIES 
--------------- 
 
-- The Constitution of Qatar provides for freedom of speech and of 
the press in accordance with the law.  The DOS Report however, 
indicates that the government limits these rights in practice. 
Reports are usually censored if deemed hostile to Islam, the ruling 
family, or likely to harm Qatar's relations with other states. 
 
-- While the DOS reported these limitations, the NHRC Report 
side-stepped them, even arguing that Qatar had witnessed further 
freedom of opinion and expression in Qatari media over the past 
year.  The NHRC lauded the lack of censorship while producing their 
report.  Additionally, the Committee notes an increase in the amount 
of activities and clubs within Qatar as demonstrating expanded 
freedom of expression. 
 
-- The DOS Report points to strict conditions imposed on forming 
associations in spite of the constitution providing such a right. 
Qatari law levies stringent conditions on the establishment, 
management, and function of professional societies. Informal groups 
and community support groups may form in Qatar as long as they do 
not engage in political activity. 
 
-- Similarly, the NHRC Report notes that laws within Qatar prevent 
organizations from functioning.  The Committee strongly denounced 
the restrictions, arguing that the laws represent a barrier to the 
growth of civil society organizations, which are already a rarity 
within Qatar. 
 
-- Though the NHRC reported on certain freedoms in the media, they 
cited the importance of reviewing Law No. 8 of 1979 on Press and 
Publication.  Several of its provisions impose restrictions on 
procedures necessary for establishing newspapers and other 
publications.  Violation of specific provisions is subject to 
imprisonment. The Committee emphasizes the need to establish 
unrestricted media outlets in Qatar as a step towards its 
development ambitions. 
 
-- The NHRC claims that no record of violation from Law No. 8 
occurred in 2008.  However, the Committee published the verdict of a 
three-year prison term, issued in absentia, against journalist Amal 
Issa after being charged with defamation and disseminating false 
information on Hamad Medical Corporation in May 2008.  The Committee 
added that the editor-in-chief was also fined. 
 
-- The NHRC stressed the need to expand protections for the freedom 
of opinion and expression in addition to encouraging the 
establishment of a stronger civil society. More important, the 
Committee firmly suggested the abolishment of imprisonment as a 
punishment for publication violations as well as restrictions on 
establishing private associations. 
 
RELIGIOUS FREEDOM 
----------------- 
 
-- Islam is the official state religion of Qatar, and the ruling 
family and the government are beholden to Islamic institutions and 
practices.  Although the constitution of Qatar provides for freedom 
of worship, the government continues to place limitations on public 
 
DOHA 00000466  003 OF 006 
 
 
worship. The DOS Report asserts the fact that among non-Muslim 
groups, Christians have requested and were allowed to rent space for 
public worship. In spite of this practical flexibility, the NHRC 
does not address issues of religious freedom.  The omission may have 
occurred because of the sensitivity of the issue, or because they 
considered it outside their mandate. 
 
-- Converting to another religion other than Islam is considered a 
capital offense.  There have been no recorded incidents of 
convictions in Qatar according to both reports.  The constitution of 
Qatar prohibits discrimination based on religion. 
 
POLITICAL PARTICIPATION 
----------------------- 
 
-- The State of Qatar is a constitutional monarchy and the Amir 
exercises full executive powers. The DOS Report notes that the law 
forbids the formation of any political parties. In 2008, the Amir 
decided to delay elections again for a prospective 45-member 
Advisory Council. Contrarily, the NHRC report highlighted continued 
efforts towards democracy and greater participation in political 
life and democratic practice on all levels.  The NHRC points to 
several symposiums which were held to discuss policies and programs 
of various ministries and government agencies, and the participation 
of citizens in these events. 
 
-- The DOS Report states that the Amir of Qatar postponed elections 
for the expanded 45-member Advisory Council and extended the term of 
the current council for two years.  The NHRC Committee, meanwhile, 
expressed hopes that elections would be held in 2009. 
 
-- The Committee stops short of emphasizing a stronger need for 
democratic and political freedoms.  While it highlights that 
political participation constitutes one of the main features of a 
democracy, it does not underscore the need to implement more 
policies to introduce democratic features into the Qatari political 
system.  Further, though the language is clear that citizen 
participation is needed to develop positive contributions in the 
political arena, the NHRC does not suggest strategies on how to 
better involve Qataris in the democratic process. The Committee 
fails to highlight any significant changes in the political 
atmosphere of the country.  Moreover, it does not detail what sector 
of society is involved in this political transformation. 
 
WOMEN'S RIGHTS 
-------------- 
 
-- While the constitution of Qatar prohibits discrimination by 
gender, the DOS Report specified weaknesses in the field of women's 
rights. Although limitations were primarily focused on issues 
related to legal matters, there were other topics such as domestic 
abuse and prostitution that the report cited as areas of concern. 
The DOS Report stated that while the constitution asserts the 
principle of equality between citizens, traditions and 
interpretations of Shari'a, however, placed some women at a 
disadvantage. 
 
-- The NHRC Report emphasizes continued progress towards women's 
rights in Qatar.  Consistent with the country's constitution and its 
accession (with reservations) to international charters such as the 
Convention to Eliminate Discrimination Against Women, Qatar is 
striving to foster equality between men and women.  The Report 
mentions Qatar's dedication to women's rights set forth and 
stipulated by the constitution or through the creation of new laws 
which incorporate gender equality, such as the Housing Law. 
 
-- (Note:  The Housing Law aims to provide adequate housing for 
citizens by giving the beneficiary a sum of money to purchase a 
piece of land to build a house or piece of land. Article 1 of the 
law allows both men and women to benefit equally from the 
provision.) 
 
-- Despite partial progress, the NHRC report points out several 
instances where women faced marginalization, including freedom to 
travel, employment discrepancies, domestic abuse, financial rights, 
and political and legal rights. 
 
-- The NHRC Report acknowledges the limited participation of women 
in the political arena.  More importantly, the Committee notes that 
the consolidation of equality is not confined to the law alone; 
rather the promotion of equality requires the fostering of positive 
changes in Qatari culture.  The Committee strongly advocates that 
the GOQ take further steps to help empower Qatari women by 
sponsoring and intensifying efforts towards changing the negative 
image of women while still observing the teachings of Islam. 
 
-- Several recommendations are given by the Committee to help foster 
empowerment for Qatari women.  One proposal advocated by the 
Committee was for the GOQ to develop a national strategy to support 
the political participation of women. Moreover, the Committee 
recommends criminalizing all types of violence against women and 
providing the necessary care and rehabilitation to its victims. 
 
DOHA 00000466  004 OF 006 
 
 
 
-- One area of significant difference between the DOS Report and the 
NHRC Report was that of legal matters involving Shari'a.  The DOS 
Report asserts that tradition and Shari'a have placed some women at 
a disadvantage, particularly with issues involving inheritance and 
court proceedings.  For instance, women who attend court proceedings 
may not represent themselves. Instead, they are generally 
represented by a male relative.  In cases involving financial 
transactions, the testimony of two women equals that of one man, 
even though the courts interpret this requirement on a case-by-case 
basis. 
 
-- The NHRC briefly mentions the need to provide guarantees for the 
fulfillment of the obligations of guardianship, housing, and 
financial support. However, it does so in a weaker tone than other 
recommendations affecting women's rights.  Furthermore, the 
Committee omits any reference to the shortcomings involving Shari'a, 
since that would clearly be a highly sensitive topic within Qatari 
society. 
 
TRAFFICKING AND MIGRANT WORKERS 
------------------------------- 
 
-- The DOS Report and the NHRC Report both contribute significantly 
to the understanding of human trafficking within Qatar. 
 
-- The DOS Report strongly criticizes the Qatari sponsorship system 
claiming that it creates conditions constituting forced labor or 
slavery.  Additionally, Qatar has no specific anti-trafficking law. 
 
 
-- (Note: Similar to the DOS Report, the United Nations has also 
raised concerns that Qatar's labor laws exclude foreign domestic 
workers from protection, and in practice, places them in a situation 
whereby their working conditions are regulated as private matters.) 
 
 
-- While the NHRC applauds the GOQ for its proactive approach 
towards trafficking, it also directly challenges the sponsorship 
laws of Qatar. The Committee argues that the laws create conditions 
for trafficking.  More importantly, the NHRC recorded instances 
where individuals or companies misused the provisions of the 
sponsorship system to exploit workers. 
 
-- In order to combat human trafficking, the Committee outlines 
several recommendations for the GOQ.  Specifically, it advises for 
the development of effective mechanisms to identify victims of 
trafficking and to construct necessary procedures to ensure that 
victims shall not be subject to prosecution. 
 
--The Committee recommends undertaking efforts towards coordination 
and cooperation with regional and global authorities to take 
necessary preventative measures to combat all forms of exploitation 
or trafficking. 
 
--In addition, the NHRC would like the completion and passing of the 
draft law combating trafficking of persons, which would prevent and 
criminalize all forms of trafficking. 
 
-- Furthermore, the Committee advocates severe punishment for those 
who are involved with trafficking or forced labor under Article 
322/1 of the Qatari Penal Code. 
 
-- Lastly, the NHRC Report encourages Qatar's accession to the 
International Convention for the Protection of Migrant Workers and 
Members of their Families. 
 
ECONOMIC RIGHTS 
--------------- 
 
-- According to the DOS Report, enforcement of enacted regulations 
related to workers' living conditions and worker rights have been 
uneven due to insufficient training and lack of personnel. The 
report adds that the rights of noncitizens continued to be severely 
restricted.  Workers face abuse, nonpayment of wages, and often work 
and live in hazardous conditions.  The law provides workers the 
right to seek legal relief; however, they usually hesitate to do so 
for fear of deportation. 
 
-- The NHRC Report acknowledges Qatar's continued efforts to protect 
the right to dignified living for whoever falls within the state's 
jurisdiction.  But, it also advocates proactive recommendations to 
help alleviate workers' living conditions and rights. 
 
-- The Committee proposed that the GOQ set up a database to help 
assist the underprivileged in Qatar. The database would detail the 
causes of poverty in Qatar and be used to craft appropriate measures 
for supporting the poor.  Moreover, they encourage the establishment 
of social integration institutions to help assist underpaid workers. 
 
 
-- Adhering to the constitution of Qatar was strongly emphasized by 
 
DOHA 00000466  005 OF 006 
 
 
the NHRC in regards to workers receiving equal pay for equal work. 
It underscores the need for the GOQ to ensure a citizen's right to 
choose his/her type of work, to be protected by their employers, and 
to be given equal rights. 
 
-- The Committee demands that the GOQ intervene to address the high 
prices of housing, along with the importance of expanding projects 
for housing for citizens and non-citizens with low and middle 
incomes. Further, the NHRC stresses the need to establish free 
housing for those who are unable to care for themselves as these 
rights are fundamental rights safeguarded by Shari'a, the 
constitution of Qatar, and international charters. These sorts of 
rights/issues are not covered in the DOS Report as they are outside 
the scope of human rights issues viewed in a U.S. perspective. 
 
SOCIAL RIGHTS 
-------------- 
 
(1) Education 
 
-- Both reports outline Qatar's progressive stance towards improving 
its educational system.  Education is compulsory for Qatari 
children, and there was generally little difference in school 
attendance between boys and girls. 
 
-- Despite progress in the educational arena, the NHRC expressed its 
hopes that the GOQ will enforce the Compulsory Education Law No. 25 
of 2001.  Article 2 of the Law states that "Education shall be 
compulsory and free for all children from primary to the end of the 
preparatory stage." Currently, many students drop out before 
finishing high school. 
 
-- Additionally, the NHRC continued to stress the importance and 
relevance of adding Human Rights courses within the school 
curricula. The Committee claims that it is cooperating with the 
Ministry of Education to help train staff members and help 
facilitate the integration of such programs within the educational 
system. 
 
(2) Health Care 
 
-- The GOQ is committed to the welfare of its citizens according to 
both reports.  Medical care is also available to non-citizens for a 
nominal fee. 
 
-- While the NHRC lauds Qatar's health care services as compared to 
other Arab states, it also underlined shortcomings.  For instance, 
the Committee observed the absence of medical staff in certain 
specializations.  More importantly, the Committee hopes that the GOQ 
will implement policies that will focus on women, children, and 
expatriate workers.  Increasing awareness of harmful patterns of 
behavior that negatively affects society is another dimension that 
requires further development, according to the NHRC Report. 
 
(3) Children rights 
 
-- Both Reports acknowledge Qatar's commitment to the welfare of the 
state's children. 
 
-- The NHRC Report emphasizes the need to expand on special 
legislation on the Rights of the Child in addition to enhancing 
skills of personnel at institutions working with child development 
programs. 
 
DISABILITILES 
------------- 
 
-- According to the DOS Report, Qatari law requires the allocation 
of resources for persons with disabilities and prohibits 
discrimination against such persons. 
 
-- Regardless of these set provisions, the NHRC noted that there are 
still a number of challenges related to the rights of disabled 
people. 
 
-- Examples of disparities include denial of enrollment at public 
and private schools, buildings not equipped with facilities to help 
disabled persons, and a lack of programs to help their integration 
into society. 
 
-- The Committee strongly recommends efforts to enhance awareness on 
the rights of people with disabilities.  Further, it called for the 
rehabilitation of buildings in Qatar to enable people with 
disabilities to further access them easily. 
 
LEGISLATIVE ADDITIONS 
--------------------- 
 
--Qatar's legal developments are a significant area of difference 
between the two reports.  The Committee venerates the GOQ's efforts 
to accede to a number of international treaties and conventions. 
Such efforts underline Qatar's determination and objective not only 
 
DOHA 00000466  006 OF 006 
 
 
to protect its citizens, but to do so while developing at an 
accelerated speed, according to the Committee. 
 
(A) LAWS AND DECISIONS 
 
-- Unlike the DOS report, the NHRC highlighted a number of new 
decrees and accessions which it posits further a human rights 
agenda: 
 
-- The Consumer Protection Law No. 8 was approved in Qatar in 2008. 
The law ensures fundamental rights of the consumer and authorizes 
the establishment of consumer protection associations that make 
information available to the consumers, raise their awareness, and 
educate them on their rights to express their opinion to the 
concerned authorities.  The law sets forth obligations on the 
supplier such as reimbursement, restitution, or replacement for the 
value of goods.  Further, the law prohibits the sale, supply, 
exhibition, or advertising of any corrupted or fraudulent goods. 
 
-- The provisions set by this law represent gains to the promotion 
of economic rights in Qatar according to the Report.  More 
importantly, the law allows for the establishment of private 
consumer protection associations, a plus for the right of 
association. 
 
-- In 2008, Law No. 12 established the Supreme Constitutional Court. 
 The Court's primary responsibility is to resolve disputes that may 
arise on the final implementation of contradictory rulings, or 
interpretation of the provisions of certain laws. 
 
-- The NHRC praises the establishment of the Supreme Constitutional 
Court by the GOQ.  The Committee states that such a court will act 
as a key guarantor for the promotion and protection of human rights 
through the court's mandate of ensuring the consistency of laws and 
regulations. 
 
-- A 2008 Amiri decree granted the Qatar Foundation specific 
authorities to support scientific research. Further, the decree 
provides for the allocation of 2.8 percent of government revenues to 
fund scientific research in Qatar. 
 
-- The Committee applauds the Qatar Foundation, arguing that the 
promotion of scientific research will constitute an important and 
effective step towards fundamental freedoms and human rights. 
 
-- Qatar's ratification of the Arab Charter on Human Rights in 2008 
was another step taken by the government to promote and protect 
human rights. 
 
-- The NHRC regards the accession to the Arab Charter with 
particular importance since the Charter reflects and preserves Arab 
nationalist identity. 
 
-- An Amiri Decree established the Doha Centre for Media Freedom in 
¶2008.  The NHRC states that such an establishment reflects Qatar's 
belief in the importance of freedom of speech and freedom of 
opinion. 
 
-- The GOQ has enacted a Qatarization policy in recent years to 
mandate job placement for Qataris. The policy includes the founding 
of the National Workforce Department at the Ministry of Labor, which 
is responsible for the creation of employment opportunities for 
young Qatari men and women. 
 
-- The report also highlights the founding of "Silatech", an 
organization established on the initiative of the Amir's consort, 
Shaykha Mozah, to support youth employment in Qatar and across the 
Arab world. 
 
-- The NHRC also highlighted the Qatar National Vision of 2030, 
which is a broad strategy intended to guide Qatar's development 
efforts.  The vision announces Qatar's intention to adhere to the 
rule of law and to promote human rights within its conservative 
Islamic society. 
 
-- The NHRC also discussed Qatar's new Foundation on Combating 
Trafficking of Persons, initiated again by Shaykha Mozah.  The 
foundation's main objective is to raise awareness of relevant human 
rights concepts, in particular, the scourge of human trafficking. 
 
-- Another statute that was praised by the NHRC Report was the 
formation of the Permanent Committee on examining the condition of 
inmates at the Deportation Center. The Minister of State for 
Internal Affairs issued decision No. 46 of 2008 to examine cases of 
individuals who have been held at the center for more than two 
months without charge.  The Committee states that the Deportation 
committee is responsible for recommendations related to sponsorship 
transfers as well as having the capacity to end the detentions.