A/HRC/26/35/Add.1
C.
1.
National legal and institutional framework
National laws
13.
The permanent constitution was adopted in 2005. According to its article 6, the State
shall respect international charters and conventions and strive to implement all international
agreements, charters and conventions to which it is a party.
14.
The constitution further provides, in article 35, that all persons are equal before the
law and that there shall be no discrimination whatsoever on grounds of sex, race, language
or religion. Article 36 states that personal freedom shall be guaranteed and no person may
be arrested, detained or searched, nor may his freedom of residence and mobility be
restricted save under the provisions of the law; no person may be subjected to torture or any
degrading treatment; and torture shall be considered a crime punishable by law.
15.
Article 44 guarantees the right of citizens to assemble and article 45 guarantees the
right of citizens to establish associations. Article 52 provides every person who is a legal
resident of the State protection to his person and property in accordance with the provisions
of the law.
16.
The main law governing migration is Law no. 4 of 2009 Regarding Regulation of
Expatriates’ Entry, Departure, Residence and Sponsorship (the Sponsorship Law). Article
18 provides that each expatriate granted an entry visa to Qatar shall have a sponsor. Apart
from women sponsored by the head of the family, minors and visitors staying 30 days or
less, all expatriates may only leave the country temporarily or permanently on submission
of an exit permit granted by the residence sponsor.
17.
The Labour Law of 2004 regulates the employment of all workers, except certain
excluded categories (including domestic workers).
2.
National institutions and policies
18.
The Ministry of Interior is responsible for the entry and exit of migrants and the
sponsorship system, including the transfer of sponsorship. The Search and Follow-up
Department of the Ministry is responsible for the deportation of migrants and manages the
deportation centre. The Human Rights Department receives and investigates complaints
from migrants and undertakes visits to the deportation centre.
19.
The Ministry of Labour is responsible for labour inspections (both health and safety
inspections and worksite inspections), receiving complaints from workers and the
recruitment of migrant workers, including certifying contracts and issuing visas and work
permits. The Ministry of Labour deals with cases of abuse against migrants by negotiating
between the migrant and the employer and it can contact the Ministry of Interior to check if
the sponsorship can be transferred.
20.
The National Human Rights Committee was established in accordance with Law
No. 38 (2002) and reorganized in accordance with Law no. 17 (2010). It is accredited with
“A” status by the International Coordination Committee of National Human Rights
Institutions. The National Committee undertakes important work to enhance the protection
of the human rights of migrants in Qatar, inter alia by assisting them in making complaints
to the Ministry of Interior and the Ministry of Labour.
21.
The Qatar Foundation for Combating Human Trafficking was established in 2003 by
the Supreme Council for Family Affairs and transferred into a foundation by Sheikha Moza
bint Nasser. The mission of the Foundation is to protect society from human trafficking and
provide integrated care for victims. It operates a shelter for women victims of trafficking.
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