Qatar submitted documents to the United Nations on May 21, 2018, to join two core human rights treaties, following cabinet approval on March 14, Human Rights Watch said. But Qatar’s accession to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights includes formal reservations that will deprive women and migrant workers of the treaties’ protections.
Qatar rejected gender equality provisions in marriage, divorce, and child custody on grounds that they contravene Sharia, or Islamic law. It also declared it would interpret several provisions in line with Sharia, including on defining cruel, inhuman, or degrading punishment – avoiding bans on capital and corporal punishment – minimum marriage ages, and freedom of religion. And it said it would interpret the term “trade unions” in accordance with its national law, limiting migrant workers’ rights to form unions.
“Qatar’s accession to these core human rights treaties is an important public commitment to uphold the rights of everyone in the country,” said Belkis Wille, senior Qatar researcher at Human Rights Watch. “But the government undercuts its own actions by falling back on tired and outdated carve-outs to reject equal rights for women and migrant workers.”
Qatar is the third country of the Gulf Cooperation Council states to ratify both covenants, following Kuwait and Bahrain.
Qatar’s reservations relating to equal rights between men and women in marriage, divorce, and child custody are done on religious grounds, a position similar to that of several other countries that cite Sharia or other religious personal status laws for making such reservations. Qatar’s personal status law discriminates against women by requiring a male guardian to approve their marriage. The law gives men a unilateral right to divorce while requiring women to apply to the courts for divorce on limited grounds and women are required to obey their husbands.
Qatar also provides that fathers retain guardianship over their children following divorce even if the mother has custody. In most cases, boys live with their mother until age 13 and girls until age 15, when they automatically move to their father’s custody unless the court rules otherwise or extends the custody in the best interest of the child. Women, but not men, lose custody if they remarry. Under inheritance provisions, female siblings receive half the amount their brothers get.
Qatar also said it will interpret the right to profess and practice one’s own religion so that it “does not violate the rules of public order and public morals, the protection of public safe[t]y and public health, or the rights of and basic freedoms of others.” While people of other faiths can practice their religion in Qatar, the penal code prohibits proselytizing.
Article 116 of Qatar’s Labor Law allows only Qatari nationals the right to form workers’ associations or trade unions. As a result, migrant workers, who make up over 90 percent of the workforce, cannot exercise their rights to freedom of association and to form trade unions.