Distr.

GENERAL

CRC/C/15/Add.163
6 November 2001

Original: ENGLISH

Concluding Observations of the
Committee on the Rights of the Child : Qatar.
06/11/2001.

CRC/C/15/Add.163.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE
CHILD

Twenty-eighth
session

CONSIDERATION OF REPORTS SUBMITTED
BY STATES PARTIES
UNDER ARTICLE 44 OF THE CONVENTION

Concluding observations of the
Committee on the
Rights of the Child: Qatar

1. At its 733rd and 734th meetings (see CRC/C/SR.733
and 734), held on 2 October 2001, the Committee on the Rights of the Child
considered the initial report of Qatar (CRC/C/51/Add.5), which was received on
29 October 1999, and adopted, at the 749th meeting (CRC/C/SR.749) held on 12
October 2001, the following concluding observations.

A. Introduction

2. The Committee notes that the initial State party
report was prepared according to the Committee's guidelines for reporting. It
notes the timely submission of the informative written answers. The Committee
further notes with appreciation the presence of a high-level and cross-sectoral
delegation, which contributed to a frank and open dialogue and a better
understanding of the process of implementation of the Convention.

B. Positive
aspects

3. The Committee welcomes the adoption of Law No. 25
of 2001 concerning free and compulsory education for all children in the State
party.

4. The Committee welcomes the establishment of the
Supreme Council of Family Affairs.

5. The Committee welcomes the establishment of the
national programme for the dissemination of the Convention.

6. The Committee welcomes new initiatives undertaken
by the State party, such as the programme to develop kindergartens, and the
launch of a road safety campaign.

7. The Committee welcomes the State party's
ratification of the ILO Worst Forms of Child Labour Convention, 1999 (No.
182).

8. The Committee notes with appreciation the generous
financial aid given to developing countries.

C. Factors and difficulties
impeding the implementation of the Convention

9. Noting the universal values of equality and
tolerance inherent in Islam, the Committee observes that in the State party
narrow interpretations of Islamic texts, particularly in areas relating to
personal status law, may impede the enjoyment of some human rights protected
under the Convention.

D. Principal subjects of concern
and recommendations

1. General measures of
implementation

Reservation

10. The Committee welcomes information that the State
party is re-examining its reservation to the Convention with a view to amending
or withdrawing it. The Committee is concerned that the broad and imprecise
nature of the State party's general reservation potentially negates many of the
Conventions provisions and raises concern as to its compatibility with the
object and purpose of the Convention, as well as the overall implementation of
the Convention.

11. The Committee
encourages the State party to expeditiously complete its re-examination of its
reservation with a view to narrowing and ultimately withdrawing it, in
accordance with the Vienna Declaration and Plan of Action of the World
Conference on Human Rights (1993).

Legislation

12. The Committee notes the draft Children's Bill;
however, it is concerned that several rights contained in the Convention (such
as non-discrimination, article 2) are not adequately reflected in domestic
law.

13. The Committee
recommends that the State party:

(a) Conduct a comprehensive review of its domestic
laws, including administrative regulations and legal procedural rules, to ensure
that they conform to international human rights standards, including the
Convention;

(b) Ensure the speedy promulgation of legislation
relating to child rights and its effective implementation; and

(c) Ensure that laws are sufficiently clear and
precise, are published, and are accessible to the public.

Coordination

14. The Committee notes that the Supreme Council for
Family Affairs is the lead body in Qatar entrusted with the implementation of
the Convention, which it endeavours to accomplish through its various voluntary
committees (e.g. the Committee on Maternity and the Child, the Women's Affairs
Committee, etc.). However, the Committee is concerned that its approach to the
Convention is not sufficiently rights based, and therefore the effectiveness of
these committees in the full implementation of the Convention is limited.
Moreover, the Committee notes that Qatar's National Report on the Follow-up to
the World Summit for Children indicated that over bureacratization and a poor
level of inter-organizational communication have contributed to a duplication of
programmes, the wasting of resources, and an inability to learn from the
experiences gained by other institutions.

15. The Committee
recommends that the State party:

(a) Ensure that the preparation and implementation of
its next 10-year national strategy and national plan of action for children,
including the implementation of the Convention, is comprehensive, human
rights-based and undertaken through an open, consultative and participatory
process; and

(b) Give greater attention to intersectoral
coordination and cooperation at and between national and local levels of
government.

Cooperation with civil society

16. Noting the establishment of the Committee for
Coordination between Government Agencies and Non-Governmental Associations, the
Committee is concerned that insufficient efforts have been made to involve civil
society in the implementation of the Convention, particularly in the area of
civil rights and freedoms.

17. The Committee
recommends that the State party:

(a) Consider a systematic approach to involving civil
society, especially children's associations, throughout all stages of the
implementation of the Convention, including with respect to civil rights and
freedoms; and

(b) Ensure that legislation regulating NGOs conforms
to article 15 of the Convention and other international standards on freedom of
association, as a step in facilitating and strengthening their
participation.

Data collection

18. The Committee welcomes information that the
Planning Council is working to create an integrated database on the family.

19. The Committee
encourages the State party:

(a) To continue its efforts to establish a system such
that disaggregated data are collected on all persons under 18 years of age for
all areas covered by the Convention, including the most vulnerable groups (i.e.
non-nationals, children living in remote areas, children with disabilities,
children of economically disadvantaged households, etc.), and to use these data
to assess progress and design policies to implement the Convention; and

(b) To seek technical assistance from, among others,
UNICEF.

Monitoring structures

20. The Committee notes information from the
delegation concerning the establishment of a telephone "safety-line" for
children.

21. The Committee
encourages the State party to develop and strengthen this service for children
at risk.

22. The Committee is concerned at the absence of an
independent mechanism with a mandate to monitor and evaluate regularly progress
in the implementation of the Convention and to receive and address
complaints.

23. The Committee
recommends that the State party:

(a) Establish an independent national human rights
institution in accordance with the Paris Principles relating to the status of
national institutions for the promotion and protection of human rights (General
Assembly resolution 48/134) to monitor and evaluate progress in the
implementation of the Convention at the national and local levels. This
institution should be accessible to children and empowered to receive and
investigate complaints of violations of child rights in a child-sensitive manner
and to address them effectively; and

(b) Seek technical assistance from, among others,
OHCHR and UNICEF.

Resource allocation

24. The Committee notes significant investment in and
increased budgetary allocation for health, education and other parts of the
social sector.

25. The Committee
recommends that the State party:

(a) Continue and strengthen its efforts to allocate
the maximum available resources - human and financial - to health, education,
culture and other social services;

(b) Undertake similar efforts to ensure full
implementation of the Convention; and

(c) Systematically assess the impact of budgetary
allocations on the implementation of child rights.

Training/dissemination of the Convention

26. The Committee welcomes the establishment of the
national programme for the dissemination of the Convention. However, it is
concerned that awareness of the Convention amongst professionals working with
and for children and the general public, including children themselves, remains
low. The Committee is concerned that the State party is not undertaking adequate
dissemination, awareness-raising and training activities in a systematic and
targeted manner.

27. The Committee
recommends that the State party:

(a) Strengthen, expand and continue its programme for
the dissemination of information on the Convention and its implementation among
children and parents, civil society, and all sectors and levels of government,
including initiatives to reach those vulnerable groups who are illiterate or
without formal education;

(b) Develop systematic and ongoing training programmes
on human rights, including children's rights, for all professional groups
working for and with children (e.g. judges, lawyers, law enforcement officials,
civil servants, local government officials, personnel working in institutions
and places of detention for children, teachers and health personnel); and

(c) Seek assistance from, among others, OHCHR and
UNICEF.

2. Definition of the
child

28. The Committee is concerned that the minimum ages
for marriage and employment are unclear under Qatari law.

29. The Committee
recommends that the State party review its legislation so that the minimum-age
requirements for marriage and employment conform to the principles and
provisions of the Convention, are gender neutral and are explicit, and ensure
that they are enforced by law.

3. General
principles

Non-discrimination

30. Noting the significant achievements in the
improvement in the status of women in Qatar, the Committee is nevertheless
concerned that discrimination, contrary to article 2 of the Convention, persists
in the State party. In particular, the Committee is concerned about
discrimination against females and children born out of wedlock under existing
personal status law (e.g. in inheritance, custody and guardianship).

31. In accordance with
article 2 of the Convention, the Committee recommends that the State party:

(a) Take effective measures, including enacting or
rescinding legislation where necessary, to prevent and eliminate discrimination
on grounds of sex and birth in all fields of civil, economic, political, social
and cultural life;

(b) Undertake all possible measures to reconcile
fundamental human rights with Islamic texts;

(c) Take all appropriate measures, such as
comprehensive public education campaigns, to prevent and combat negative
societal attitudes in this regard, particularly within the family; and

(d) Train members of the legal profession, especially
the judiciary, to be gender-sensitive. Religious leaders should be mobilized to
support such efforts.

32. The Committee is concerned at the disparities in
the enjoyment of economic and social rights, particularly the rights to health
and education, experienced by children living in rural areas and non-national
children.

33. The Committee
recommends that the State party:

(a) Take all necessary measures to ensure that all
children within its jurisdiction enjoy all the rights set out in the Convention
without discrimination, in accordance with article 2;

(b) Continue to prioritize and target resources and
social services for children belonging to the most vulnerable groups; and

(c) Consider ratifying the International Convention on
the Protection of the Rights of All Migrant Workers and Members of Their
Families.

34. The Committee
requests that specific information be included in the next periodic report on
the measures and programmes relevant to the Convention on the Rights of the
Child undertaken by the State party to follow up on the Declaration and
Programme of Action adopted at the 2001 World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance, and taking account of the
Committee's general comment No. 1 on article 29 (1) of the Convention on the
aims of education.

Best interests of the child

35. The Committee is concerned that in actions
concerning children, such as in matters relating to family law, the general
principle of the best interests of the child contained in article 3 of the
Convention is not always a primary consideration.

36. The Committee
recommends that the State party review its legislation and administrative
measures to ensure that article 3 of the Convention is duly reflected therein
and that this principle is taken into account when administrative, policy, court
or other decisions are made.

Right to life

37. The Committee is seriously concerned that under
the 1994 Juvenile Act there is a possibility that the death penalty or life
imprisonment may be imposed for offences committed by persons when they were
under 18 years old, contrary to articles 6 and 37 (a) of the Convention.

38. The Committee
strongly recommends that the State party take immediate steps to ensure that the
law prohibits the imposition of the death penalty or life imprisonment for
crimes committed by persons under 18.

Respect for the views of the child

39. The Committee is concerned that traditional
attitudes towards children in society may limit the respect for their views,
especially within the family and schools.

40. The Committee
recommends that the State party:

(a) Continue to promote and facilitate within the
family, the school, institutions, the courts, and administrative bodies respect
for the views of children and their participation in all matters affecting them,
in accordance with article 12 of the Convention;

(b) Develop skills-training programmes in community
settings for parents, teachers, social workers and local officials so that they
can learn how to help children to express their informed views and opinions and
to take those views into consideration; and

(c) Seek assistance from, among others, UNICEF.

4. Civil rights and
freedoms

Nationality

41. The Committee is concerned that the 1961
Nationality Act does not grant citizenship to children of Qatari women married
to non-nationals, as it does where the father is Qatari.

42. The Committee
recommends that the State party ensure the right of a child to a nationality
without discrimination on the basis of either parent's sex, in accordance with
articles 2 and 7 of the Convention.

Protection from torture and inhuman or degrading
treatment or punishment

43. The Committee is seriously concerned that,
contrary to article 37 (a) of the Convention, under the 1994 Juvenile Act there
is a possibility that persons under 18 may be subject to judicial sanctions such
as flogging.

44. The Committee
recommends that the State party take immediate steps to ensure that the law
prohibits the imposition of flogging and other forms of cruel, inhuman or
degrading treatment or punishment on persons who may have committed crimes when
they were under 18.

5. Family environment and
alternative care

Violence/abuse/neglect/maltreatment

45. The Committee is concerned that there is
insufficient information about and awareness of the ill-treatment of children
within the family and institutions.

46. The Committee
recommends that the State party:

(a) Conduct a study to assess the nature and extent of
ill-treatment and abuse of children, and design policies and programmes to
address it;

(b) Take legislative measures to prohibit all forms of
physical and mental violence against children, including corporal punishment and
sexual abuse in the family and in institutions;

(c) Carry out public education campaigns about the
negative consequences of ill-treatment of children and promote positive,
non-violent forms of discipline as an alternative to corporal punishment;

(d) Establish effective procedures and mechanisms to
receive, monitor and investigate complaints, including intervention where
necessary;

(e) Investigate and prosecute cases of ill-treatment,
ensuring that the abused child is not victimized in legal proceedings and that
his/her privacy is protected;

(f) Provide care, recovery and reintegration for
victims;

(g) Train teachers, law enforcement officials, care
workers, judges and health professionals in the identification, reporting and
management of ill-treatment cases; and

(h) Seek assistance from, among others, UNICEF and
WHO.

6. Basic health and welfare

Adolescent health

47. The Committee is concerned that there is
insufficient information available in relation to adolescent health and
insufficient access by adolescents to reproductive and mental health counselling
services.

48. The Committee
recommends that the State party:

(a) Ensure that adolescents have access to and are
provided with education on reproductive health and other adolescent health
issues, as well as with child-sensitive and confidential counselling
services;

(b) Strengthen efforts in the area of adolescent
health education within the educational system; and

(c) Seek assistance from, among others, UNICEF and
WHO.

Children with disabilities

49. The Committee notes the establishment of the
National Committee for Persons with Special Needs and the drafting of the
Persons with Special Needs Bill. It further notes the State party's efforts at
awareness-raising and inclusion.

50. The Committee
recommends that the State party:

(a) Review existing policies and practice in relation
to children with disabilities, including draft legislation, taking due regard of
the Standard Rules on the Equalization of Opportunities for Persons with
Disabilities (General Assembly resolution 48/96) and of the Committee's
recommendations adopted at its day of general discussion on "Children with
Disabilities" (see CRC/C/69);

(b) Continue to involve children with disabilities and
their families in the development of surveys and policy review;

(c) Undertake greater efforts to make available the
necessary professional and financial resources;

(d) Undertake greater efforts to promote and expand
community-based rehabilitation programmes, including parent support groups, and
inclusive education of children with all forms of disability; and

(e) Seek assistance from, among others, UNICEF and
WHO.

7. Education, leisure and cultural
activities

Education

51. The Committee is concerned that the aims of
education presented in the report do not adequately reflect the aims outlined in
article 29 of the Convention, in particular that:

(a) The system of public education continues to
emphasize rote learning rather than analytical skills development and is not
child-centred;

(b) The choice of some preparatory- and
secondary-level programmes may be restricted for girls; and

(c) The development and respect for human rights,
tolerance and equality of the sexes and religious and ethnic minorities are not
explicitly part of the curricula.

52. The Committee
recommends that the State party, taking into account the Committee's general
comment No. 1 on the aims of education:

(a) Undertake a process of curriculum and teaching
methodology reform - with the full participation of children - which stresses
the importance of critical thinking and problem-solving skills
development;

(b) Direct education to the development of the child's
personality, talents and mental and physical abilities to their fullest
potential;

(c) Include in the curricula, human rights education,
including on children's rights, particularly with respect to the development and
respect for human rights, tolerance, and equality of the sexes and religious and
ethnic minorities; and

(d) Seek assistance from, among others, UNICEF and
UNESCO.

53. Noting the 1993 Ministerial Decree which bans
corporal punishment in schools, the Committee remains concerned that this issue
is not addressed effectively.

54. The Committee
recommends that the State party raise awareness of the negative impact of
corporal punishment among teachers and other professionals working in schools,
and take other appropriate measures to prevent and eliminate it.

8. Special measures of protection

Economic exploitation

55. The Committee is concerned about the lack of
information on child labour within the agricultural and domestic service
sectors.

56. The Committee
recommends that the State party:

(a) Undertake a national survey on the causes, extent
and impact of child labour;

(b) Implement the ILO Minimum Age Recommendation, 1973
(No. 146) and the Worst Forms of Child Labour Recommendation, 1999 (No.
190);

(c) Ratify the ILO Minimum Age Convention, 1973 (No.
138); and

(d) Seek assistance from, among others, ILO.

Camel racing

57. The Committee is seriously concerned at the
hazardous situation of children involved in camel racing. In particular, it is
concerned that sometimes very young children are involved; are trafficked,
particularly from Africa (i.e. the Sudan) and South Asia; and are denied
education and health care; and that such involvement produces serious injuries,
even fatalities. It concurs with the ILO Committee of Experts on the Application
of Conventions and Recommendations which has previously indicated that the
employment of children as camel jockeys constitutes dangerous work under article
3 (1) of ILO Convention No. 138.

58. The Committee
recommends that the State party in accordance with article 32 of the Convention
and the ILO Worst Forms of Child Labour Convention, 1999 (No. 182), which the
State party has ratified:

(a) Take immediate and effective steps to ensure the
implementation of article 32 of the Convention and ILO Convention No. 182,
taking into account ILO Recommendation No. 190;

(b) Implement - in compliance with all international
labour standards - the recommendations of the Committee established by the
Supreme Council of Family Affairs to examine the issue of children in camel
racing;

(c) Continue to strengthen its efforts to undertake a
regional initiative in this regard, including bilateral and multilateral
cooperation; and

(d) Seek assistance from ILO.

Administration of juvenile justice

59. The Committee is concerned that persons under 18
may be prosecuted for crimes in the same manner as adults (i.e. without special
procedures), and be subject to the same penalties as adults. Moreover, the
Committee is concerned at the criminalization of status offences.

60. The Committee
recommends that the State party:

(a) Establish a minimum age of criminal responsibility
that is in accordance with the principles and provisions of the
Convention;

(b) Ensure that its legislation and practice
concerning juvenile justice fully reflect the provisions of the Convention, in
particular articles 37, 40 and 39, as well as other relevant international
standards in this area, such as the Beijing Rules, the Riyadh Guidelines, the
United Nations Rules for the Protection of Juveniles Deprived of their Liberty,
and the Vienna Guidelines for Action on Children in the Criminal Justice
System;

(c) Expedite the promulgation of the draft juvenile
justice law, ensuring that it is applicable to all persons under 18 and that
adequate resources are allocated for its effective implementation;

(d) Ensure that the deprivation of liberty is only
used as a measure of last resort, for the shortest possible time, is authorized
by a court, and that persons under 18 are not detained with adults;

(e) Ensure that children have access to legal aid and
independent and effective complaints mechanisms;

(f) Consider alternative measures to deprivation of
liberty, such as probation, community service or suspended sentences;

(g) Train professionals in the area of rehabilitation
and social reintegration of children; and

(h) Seek assistance from, among others, OHCHR, the
Centre for International Crime Prevention, the International Network on Juvenile
Justice and UNICEF, through the Coordination Panel on Technical Advice and
Assistance on Juvenile Justice.

9. Optional Protocols

61. The Committee
encourages the State party to ratify the Optional Protocols to the Convention on
the Rights of the Child on the sale of children, child prostitution and child
pornography, and on the involvement of children in armed conflict.

10. Dissemination of
documents

62. Finally, the
Committee recommends that in accordance with article 44, paragraph 6, of the
Convention, the initial report presented by the State party be made widely
available to the public at large and that consideration be given to the
publication of the report along with the written answers to the list of issues
raised by the Committee, the relevant summary records of the discussion and the
concluding observations adopted by the Committee following its consideration of
the report. Such a document should be widely distributed in order to generate
debate and awareness of the Convention and its implementation and monitoring
within the Government, the parliament and the general public, including
concerned non-governmental organizations.

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